CENTRAL CRIMINAL COURT
NINTH SESSION, HELD JUNE 22nd, 1903.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
MESSRS. BARNETT and BUCKLER.
Short-hand Writers to the Court, ROLLS CHAMBERS, No. 89, CHANCERY LANE.
STEVENS AND SONS, LIMITED. 119, CHANCERY LANE.
Law Booksellers and Publisbers.
On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION OF THE
CENTRAL CRIMINAL COURT,
Held on Monday, June 22nd, 1903, and following days.
Before the Eight Hon. SIR MARCUS SAMUEL, Knight, LORD MAYOR of the City of London; the Hon. Sir CHARLES JOHN DARLING , Knight, one of the Justices of His Majesty's High Court; Sir JOSEPH SAVORY , Bart.; and Sir GEORGE F. FAUDEL-PHILLIPS, Bart., G.C.I.E., Aldermen of the said City; Sir FORREST FULTON, Knight, K.C., Recorder of the said City; Sir JAMES THOMPSON RITCHIE , Knight, Sir JOHN CHARLES BELL , Knight, HENRY GEORGE SMALLMAN , Esq., and W. MURRAY GUTHRIE , Esq., M.P., other of the Aldermen of the said City; FREDERICK ALBERT BOSANQUET , Esq., K.C., Common Serjeant of the said City; and JAMES ALEXANDER RENTOUL , Esq., K.C., M.P., LL.D., Deputy Judge of the City of London Court, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT
SAMUEL, MAYOR. NINTH SESSION.
A star(*) denotes that the prisoners have been previously in custody—two stars(**) that they have been more titan 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, June 22nd, 1903.
Before Mr. Recorder.
503. ARTHUR HEDGES(21), pleaded guilty to stealing a watch and chain and other articles, the property of William Walters, from his person, having been convicted at Clerkenwell on February 4th, 1902, of having housebreaking implements by night in his possession. Nine months' hard labour.—
(504) GEORGE EDWARDS(53), and FREDERICK SHEPHERD(31) , to burglary in the dwelling-house of the Hon. George Keppel, and stealing a jewel case and other articles, his property. They received good characters. Four years' penal servitude each [Pleaded guilty: See original trial image.].—
(505) FRANK ARMADALE(35) , to having in his possession by night, without lawful excuse, a housebreaking implement. Alsoto attempting to break and enter the house of Arthur Gray with intent to steal therein, having been convicted of felony at Clerkenwell on November 5th 1901. Nine previous convictions were proved against him . Three years' penal servitude [Pleaded guilty: See original trial image.].—
(506) EDWARD WYNDHAM MOORE(39) , tofeloniously endorsing an order for the payment of ₤2 7s. 6d. by procuration in the name of George Wright, without lawful authority or excuse. Alsoto uttering the said order with intent to defraud; alsoto forging an endorsement on an order for ₤12 16s. 6d. with intent to defraud; also to embezzling an order for the payment of ₤2 7s. 6d., the property of George Wright, his master, and within six months embezzling an order for ₤12 16s. 6d., his property, having been convicted of felony at Oxford on June 19th, 1899, as Edward Grant . Four other convictions were proved against him. Nine months' hard labour [Pleaded guilty: See original trial image.].
(507) JAMES AGRA KING(29) , to stealing, whilst employed under the Post Office, a post letter containing two postal orders for 4s. each, the property of the Postmaster General, and GEORGE GEATER to receiving it, well knowing it to be stolen. GEATER alsoto forging and uttering a receipt for 4s. with intent to defraud; alsoto
forging and uttering another order for 4s. with intent to defraud. He received a good character. Eight months' hard labour ; KING, Twelve months' hard labour.— [Pleaded guilty: See original trial image.]
(508) ALFRED HOWARD JOHN ASHTON(20) , to forging and uttering a receipt for ₤10 with intent to defraud; alsoan authority for the withdrawal of ₤10 from the Post Office Savings Bank. † Two previous convictions were proved against him . Three months' hard labour; and [Pleaded guilty: See original trial image.]
(509). PHILIP LANDSBERG to stealing and receiving 1, 352 pieces of guipure lace, the property of Julius Muller ; alsoto obtaining from Julius Muller 1, 352 pieces of lace by false pretences with intent to defraud; alsoto fraudulently converting to his own use and benefit an order for the payment of ₤477 16s. Twelve months' hard labour . [Pleaded guilty: See original trial image.]
NEW COURT, Monday, June 22nd; and THIRD COURT, Tuesday, June 23rd, 1903.
Before Mr. Common Serjeant.
MR. WILKINSONand MR. PARTRIDGE Prosecuted; and MR. PURCELL defended Russell.
JULIA BEARD . I am single, and liveat 5, Boston Cottages, Twickenham—in January last I took the house and shop 10, Station Road, from Mrs. Russell, the prisoner Russell's wife, who lived at No. 9, at 12s. a week, where I carried on the business of a confectioner and sub-let the first-floor front room to Mrs. Pulham for 3s. a week. I paid my rent weekly to Mrs. Russell—I left in the first week in April, and on the Tuesday before that Mr.Russell came—he wanted to look over No. 10, and said, " Do you want to sell the business? "—I said, "Yes, " and he said that he would try to sell it for me—he came again next day, Thursday, and said that the agent would put a board up, and it was put up—afterwards, in the same week, I saw Trowbridge at the back of No. 9—a few days afterwards I saw Russell again, and Mr. Turner—I saw Trowbridge in Russell's place—Mrs. Pulham made a communication to me, in conse- quence of which I saw Russell again—he gave me a sovereign to go, and I went at 6 o'clock the same day, and did not go there again—I saw Russell again at No. 11, which is a laundry, and he told me not to come down there again, as the rates had not been paid—I had to pay the rates—Mrs. Beard, my sister-in-law, was in the shop some months before I took it, and she sold it to Volkmann—she was confined there last April I—this cloth (Produced. ) belongs to her. I
Cross-examined by MR. PURCELL. She originally carried on the business at No. 10—she left in September—I lived with her and assisted her—Mr. Russell was the owner of 9, 10, and 11—two of those houses are laundries, and one is a confectioner's shop—the business did not thrive, and for the last three weeks I did not pay Mrs. Russell any rent, and Mr. Russell was not satisfied and advised me to sell the business—I had
one lodger upstairs, who remained—Mr. Russell gave me a sovereign to go, leaving the things belonging to me, but I agreed on April 3rd to remove, in consideration of being allowed to remove my furniture—when I went away I had not paid the rates—I heard that they had been to the Justices and got a summons, and Russell told me I had better not come there, because the police were looking for me.
Re-examined. No claim for rates had been made upon me when I left.
MARY ANN PULHAM . I live at 10, Station Road, Twickenham—I paid my rent to Mrs. Beard, and after she left to Mr. Russell, the prisoner, and once to Mrs. Russell, and whoever I paid it to gave me a receipt—my daughter Alice lived in the house—after Mrs. Beard left I paid Mr. Russell till he got arrested—he wrote the receipts in my presence.
Cross-examined by MR. PURCELL. In this book I am described as the tenant of Mrs. Beard—I paid her 3s. on March 29th—this is the last receipt (Dated April 6th, and signed W. R. )
ALICE PULHAM . I am a daughter of the last witness, and lived with her at Station Road for a fortnight before the prisoners were arrested—I have seen all the three prisoners at 10, Station Road, but I only saw Russell once when he came for the rent on May 4th—I only saw Jewell once, he was then getting a pail of water outside the back of No. 10—I saw a bucket like it at the police-court—I picked Jewell out from a number of men at the police court—I have often seen Trowbridgelooking after the shop—Trowbridge slept in the first-floor back in the next-room to me and my mother, but on the Sunday morning, May 3rd, before he was taken away, he was removed upstairs.
Cross-examined by MR. PURCELL. I said in my deposition " I never saw Russell at all"—I am able to swear that this is like the pail, and I saw it afterwards.
Re-examined. When Russell came for the rent it was in my aunt's room—I have not seen him in- the shop.
WILLIAM GEORGE ERRICKER . I am a boot maker of Albion Road, Twickenham—I formerly lodged at 10, Station Road, and had a downstairs sitting-room and two attics—I went there on Tuesday or Wednesday, March 31st or April 1st, and paid 5s. a week to Mrs. Beard—I took the rooms of her, but she left about forty-eight hours after I got in—when she left the prisoner Russell said, " Mrs. Beard has gone away, we put the brokers in and turned her out, you have some of my furniture now "—after that I paid rent to him, and he gave me a receipt—on April 22nd I gave him notice to leave, and left on the 29th—he said, " If you had not given me notice I should have given you notice, becauseI have got a man coming who is bringing out a new patent"—No. 10 is a confectioner's shop, and I believe Trowbridge slept there—I left nothing in the attics, they were absolutely clear.
Cross-examined by MR. PURCELL. I served Mrs. Russell with notice to return some goods, but they were not in the attic, they were in the first floor back room—Russell may have told me that he gave me notice on account of my language—I was summoned a few days ago, on June 19, for threatening Mrs. Russell, and fined 10s., after applying for ₤6 15s. worth of goods
which she would not give up—I have been staying at Wandsworth lately—I was the guest of His Majesty there for six months.
Re-examined. I left a table in the shop, and furniture value ₤6 15s.—this is the table.
EDITH TATLER . I live at 2, Green Lane Cottages, Twickenham—in February last Mrs. Russell employed me at 9, Station Road—Mr. Russell had been away and came home—Trowbridge came there on the Saturday afterwards—he helped Mr. Russell at No. 10 after he took the shop—I saw Trowbridge in the shop every time I went in and saw Russell now and again—I was friendly with Trowbridge. (The witness here fainted and was carried out of Court. )
Charles McFenning (316 T.) I have been stationed at Twickenham—I was there in April down to May 6th, on a beat which took me to Station Road—I know the three prisoners, and have seen them several times together—I have seen all three outside 10, Station Road, at differenttimes-there are two entrances to No. 10, one into Sharland Road and one into Station Road—I have seen them all together at both entrances, sometimes in the day and sometimes between 11 and 12 p.m., and I have seen Trowbridge in the afternoon when I was coming on duty-Russell lived there—I saw him and Jewell one night about 11.30 at the side entrance in Sharland Road—Russell went to the back to the laundry and Jewell went to the back of the houses—Russell went in—Jewell came back to the side door and knocked, and Russell opened it—they then went round to 9, Station Road, to the sweet shop door, and Russell put his hand in his pocket to unlock the door—I was in uniform—the shop was not open—I passed it five minutes afterwards and it was still dark.
Cross-examined by MR. PURCELL. A policeman is supposed to be on a beat, but he is not always on that beat—I had been the whole month on the beat.
Cross-examined by Jewell. At the Police Court you and Russell were fetched out of the cell to be recognised, and I identified you both.
Re-examined. I have known Russell several years.
FREDERICK DOUGLAS GARDNER . I am carman to Smith and Gardner of Kennington Lane—on April 10, I took some goods to 10, Station Road, which were ordered in the name of Russell—I handed them to Trowbridge, and was paid by, I think, this cheque (Dated April14th, for ₤117s. 3d., and endorsed" Allington and Co.")—it is signed. by Russell—I did not see it drawn—I only took one cheque—I went there again on the 17th with goods addressed to Mr. Russell, andsaw Trowbridge—Russell came in afterwards and sent part of the goods back—he paid me about 14s.—I went there again on Friday the 24th, and saw Russell and Trowbridge—Russell said, " You have brought some stuff again; the stuff is not wanted "—he kept some, value 10s. and something, and sent back some—he paid with silver, and there was a bad half-crown among it—I said, " This is a bad one "—Russell said that he did not believe it—I said that I could prove it, and put a florin and a sixpence on the scale, and it would not go down—he was not satisfied, and I put it on another scale, and it was just the same—he gave me the value of it.
Cross-examined by MR. PURCELL. Russell did not say to
" This coin is really bad "—Trowbridge did not give me a good one—he went into the street, and I got paid before he came back.
JAMES ALDRIDGE . I am carman to Mr. Bernard, a wholesale confectioner of Chiswick—I first called at 10, Station Road, Twickenham, with goods in April, and saw Trowbridge—I said that I had goods from Mr! Bernard—he asked me to leave them, as his Missishad gone down the town and taken the money with her—I said, " No, it is against my orders "—I took them away, and called again with them at the end of the week, and saw Russell—he said that Mr. Beard had just gone out, and left a sovereign, as Mrs. Beard had just been confined—I took the goods again, got the same answer, and took them away—on April 25 I took them again—Trowbridge was in the shop and a young lady—Russell came in and said to Trowbridge, " I owe you 2s."—he said, " Yes "—Trowbridge told me to put the goods behind the counter—I did so—the young lady asked if she should pay me out of the till—Trowbridge said, " No, I will pay "—and he produced 10s.—Russell was not there then—Trowbridge took the money from his pocket and put it down very carefully on the counter and drawed themdown, and said to the young lady, " You will have to give me 2s. 5d. out of the till now "—she did so, and he took them into his hand—there were five florins—I put them into my pocket—I looked at them, and noticed their colour—they were dark—he signed the bill I had brought, and I went away—when I got back to Mr. Bernard's I paid in what I had taken, ₤9 1s. 9d. including what I had taken at 10, Station Road—on the same evening Mr. Bernard showed me a bad florin, and I recognised it as one which I had taken at Station Road—I gave it back to him, and he took it away—he sent me next day to the London and County Bank with a bag to pay in some money to his credit—I do not know how much was in the bag—I handed it to one of the bank clerks, who called my attention to these four bad florins (Produced.)—theyare the ones I received from Trowbridge-the bank clerk bent them; and I took them back to Mr.Bernard.
ALEXIS BERNARD . I am a wholesale confectioner, of 17, Fisher's Lane, Chiswick—the last witness is my carman—on April 24th he returned home and paid me ₤9 1s. 9d.—I found a bad florin in it, which I showed him the same evening, and handed it to the police—I sent Aldridge next day to pay in ₤30 or ₤40 to my account—that included the money he had paid me the prievous evening—when he came back he handed me four florins, bent as they are now—I communicated with the police—there was a great deal of silver in what I sent to the bank.
WALTER DEW (Detective-Inspector. ) I received information from the last witness, obtained a warrant, and went with other officers, shortly after 3 o'clock on May 5th, to 9 and 10, Station Road, Twickenham—other officers were posted outside—No. 9 is a laundry—Sergeant Taylor and I entered No. 10, and Trowbridge came from the parlour into the shop—I said, " Is the proprietor in? "—he said, " No, not just now "—I said, " What time will he be in? "—he hesitated, and said, " Oh, about 6 o'clock "—I said, " It is Mr. Beard, is it not? "—he said, " Yes, I am minding the shop "—Taylor then went further in, and Trowbridge turned and went back
into the parlour, and said, " Go, Charlie; go, Charlie "—I rushed in and passed him, and saw Jewell in the passage—he ran, I followed him, and seized him half-way down the garden, and said, " I am a police officer, what are you running for? "—he made no reply, but struggled to get away—there is a gateway at the end of the garden by which he could get into the Shirland Road—another constable came, and we took him into the house—Trowbridge was brought in—I told him who I was. and read the warrent to them—Russell said, " I am the landlord; you can search my place; I have got no counterfeit coin "—Trowbridge said, "I am partner of this shop with Mr. Russell; before you search let us go" through the things together so that he can see what there is there "—Russell said, " The business is part his and part mine "—the till was brought in, and he and Russell examined it—there was only a small amount in it—I asked Jewell to account for his presence there—he said something which I did not mention at the Police Court, and Crutchett handed me eleven coins, two in a purse and nine rolled up in paper—Crutchett said that a gentleman in a garden next door but one had handed them to him—I said to Jewell, " I believe you threw them into that garden when you ran away "—he said, " I did not, there is nothing found in my possession, and you cannot touch me "—I found the back attic locked, but I got in, and there I found a cigarette box containing two counterfeit sovereigns dated 1879, a half-crown five counterfeit florins not in paper, two genuine half-crowns, and five plaster moulds which are broken—I found some plaster of Paris, some wire for a battery, a table knife, a box of glass tubes, a ladle, some American cloth, some bi-sulphate of soda, three squares of glass, some white metal, a saucepan with a whole metal in it, a pail of water, some lamp black, and two files—all those things have been submitted to Mr. Webster—I found half of a table in No. 9, and the Sergeant found the other half in No. 10 I saw them put together—I went down stairs and told the prisoners that all the things for making counterfeit coin had been found, and that they would be charged with making the moulds—Russell said, " I know nothing about it "—the other two said nothing—at the station I told them they would be charged with possing base coins—Russell said, " What! possessing; possession means when you have it on you "—the others made no reply—they were then charged, and Russell said, " I was not in possession of that place; I do not know what has been going on there; I do not interfere with my lodgers so long as they pay their rent"—I further charged them with making counterfeit coin—Russell said, " I am innocent"—the others made no reply—Russell's wife was present in the evening of the 7th, and he was handing her a letter—I do not know who wrote it—I took possession of it. (This was signed" E. R., " and on the back of it was "See Jewell.")'
Cross-examined by MR. PURCELL. All the implements of coining were found in the top attic of No. 10, except the bowl of the ladle and the plaster of Paris—" See Jewell" is not in the same writing as the rest of the letter.
Cross-examined by Jewell. I lost sight of you, momentarily, when you turned from the passage into the garden—I had your house searched,
nothing was found there—you had not a large pipe in your mouth in the garden—I cannot tell you all the conversation without bringing something else in, which I do not want to do.
Re-examined. He was in a position to be able to throw something over the conservatory of the next house.
THOMAS TAYLOR (Police Sergeant T. ) On May 5th, I went with Inspector Dew and other officers to 10, Station Road, Twickenham—Dew asked for the proprietor—the prisoner Trowbridge, who was behind the counter, said that he would not be in till about six o'clock—looking through the glass door leading into the parlour at the back of the shop, I saw the prisoner Jewell rise, and walk towards the door—I said to Trowbridge, " Who is that in the back parlour? "—Trowbridge rushed out after Jewell and shouted, " Go, Charlie, go "—Dew rushed after Jewell—Trowbridge went into the passage—I took hold of his arm—I saw the inspector in a severe struggle with Jewell in the back yard—I tried to bring Trowbridge towards them with a view of rendering assistance—Jewell was quiet then—Trowbridge dashed to the front of the shop, where I knew other officers were—after I had gone to Dew's assistance, I returned to the shop, where Trowbridge was brought by other officers—Russell was also brought in—Dew read the warrant to the prisoners, and then commenced searching the house—in the parlour Trowbridge said, " I am part owner of the shop, I sleep in this room on the couch "—later he said, " I am only a lodger "—Russell said, " I am the landlord, and I do not know anything about any counterfeit money "—I asked who Trowbridge was-—Russell said, " He is my lodger, " and, pointing to Jewell, " I have never seen this man before "—the prisoners were taken to the station—I then searched the back parlour and found a bag of plaster of Paris, and loose in the sideboard drawers; the invoice of Addington, Smith, and Gardner, with several other papers and private letters, some cheques that had been through the bank, signed by W. Russell, a letter addressed to Franklin, signed " Edith Tatler, " and another letter addressed to him—in the shop I found a number of invoices; two were made out by Gardner—I searched Trowbridge and Jewell—I found on Trowbridge 6d. in silver, 10 ¼d. in bronze, and a pawn ticket; and on Jewell, a book, and a pipe, but no money—when we were taking a description of the prisoners at the station, Jewell said, "Look here, if that inspector had promised me something definite, instead of making a lot of vague remarks, I might have told him something; but as I told him I am a dealer, I never give something for nothing; you may tell that to the Magistrates if you like "—Mr. Bean handed me these four florins, and Mr. Barnard five on April 23rd—we marked them.
Cross-examined by MR. PURCELL. Russell did not say when I asked who Trowbridge was, " I have only known that man some three weeks "—I made a note within an hour, in this book which contains other matters—when Jewell made a statement I had to write it small to get it into that page—no articles for making bad money were found at the laundry; it was searched—the warrant applied to Nos. 9 and 10.
Cross-examined by Jewell. I gave evidence before the Magistrate and referred to my notes.
WILLIAM MOORE (Detective Sergeant T. ) On May 5th I was with the other officers at Station Road—I was posted at the rear and side of the premises—I saw the prisoner Trowbridge running from Station Road into Shirland Road—I stopped him and said, " What is up? "—he replied, " I do not know, it has nothing to do with me "—I took him to the back parlour of No. 10, the sweet-stuff shop—he said, " What have you brought me here for? this is Mr. Russell's room, but I have been sleeping on the couch "—I saw Russell detained by another officer—I said, " I want you to come in here "—he said, " What are you going to do then? "—I said, " We are going to search your premises, this shop and the one next door, for counterfeit coin; Inspector Dew has a search warrant to do so "—he said, " Search where you like, you cannot find anything in my place; I lately got this shop for my girl, " referring to the sweet stuff shop, " that man (Trowbridge) and I are joint owners; I had to turn the other people out, counterfeit coin, you know that is not my game "—the prisoners were kept in the back parlour, and I commenced to search the shop—in searching, I knocked down a box of sweets—Russell said, " Be careful what you are doing there, there is about ₤20 worth of stock "—on the way to the station Trowbridge said, " What are we going to be charged with? "—I said, " Possessing counterfeit coin and implements for making the same "—he said, " Well, I suppose I must expect a blank sometimes in our lives "—Russell was brought into the station by other officers—I searched him and found on him a pass book, 11s. 6d. in silver, and 3 ½d. in bronze, good money—one half of the antique table, now in Court, was in use as a dressing table in the top floor of the laundry, and the other half came from the next house—I put the two together, they form one table—the furniture in No. 10 was the same when all the officers went as it was when I took Miss Beard there, and the covering found there corresponds with the piece of cloth she produced yesterday—I received these four bad florins from Mr. Bean.
Cross-examined by MR. PURCELL. Miss Tatler was in the shop with Russell's daughter when I asked to see the furniture on May 10th—it had not been removed or tampered with.
Julia Beard (Re-examined. ) I went with Detective Moore to 10, Station Road, during the time the prisoners were on remand before the Magistrate—the furniture was the same as it was when I left the shop—the furniture had been mine—Russell gave me a sovereign when I went out—I left the furniture against three weeks' rent—it had been distrained upon.
Cross-examined by MR. PURCELL. Russell also let me take my sewing machine—a man from Chelsea called about the business—I used to buy my sweets of a Mr. Bernard—Russell brought a traveller to put some stock in the shop to sell the business, as I understood—nothing was said about selling the business in my presence—they made out a list of confectionery—Russell did say that he would stock the shop and sell the
business before he came with the traveller—he gave the traveller an order—a vanload of stuff came on a Saturday after that.
FREDERICK WHISKER (Detective Officer. ) I went with other officers to 10, Station Road, on May 5th—I saw Trowbridge run from No. 10 towards No. 9, and round the corner to the rear of the houses where Sergeant Moore met him—Russell came to the shop door and looked the way Trowbridge had run—Trowbridge was seized as he was running away—I immediately caught hold of Russell just outside the shop—I told him he would have to go into No. 10 with me—I took him into No. 10 where the inspector and other officers were—I went with Sergeant Moore into No. 9 and searched, and afterwards with Russell to the police station—on the way Russell said, " Do not catch hold of me, I know nothing about what they are doing, I let the shop and that is all; do not make me vicious; if you do I will put you through it, and all the lot of you "—he was formally charged at the station.
Cross-examined by MR. PURCELL. I held him gently by the sleeve—I generally make a prisoner secure—I saw eggs in the laundry window.
ELIZABETH JAMES . I am a widow living at 12, Station Road, Twickenham—the second door from the sweetstuff shop—about 3.30 p.m., on May 5th, I was in my back parlour; I heard something thrown on to Mr. Bean's glass conservatory, No. 13, ' next door—I went to the corner and heard a scuffle at No. 10—I spoke to Mr. Bean, who came back and showed me two florins, a half crown, a paper of toys, and a purse—he handed them to the detective.
CHARLES BEAN . I am a gardener of 13, Station Road, Twickenham—on May 5th, Mrs. James called me out of my house—in consequence of what she said I went down the garden—I had seen a scuffle in the garden of No. 10 from the top of my house—I found in the path, just in front of the conservatory, some loose florins and some in a packet, and a purse—I had been in the garden a quarter or half an hour before that and had not seen them—I handed them to Sergeant Crutchet, who was outside in front—the next day I found, I think, four more florins in the garden—I handed them to Sergeant Taylor—the day after that I found two more florins—I handed them to Sergeant Moore.
Cross-examined by Jewell. Some of the coins were amongst the shrubs, or, rather, wild hyacinths.
Re-examined. The shrubs are about 20 in or 2 ft. from the conservatory.
CHARLES CRUTCHET (DetectiveT.) I was with the other officers—I saw Mr. Bean come out at his shop door—he handed me eleven coins, two in a purse, three loose, and six in paper—I went into the parlour at No. 10, where the prisoners and other officers were, and told them where I got the coins—there was paper between the coins—I afterwards went upstairs at No. 10 with other officers and found the two doors locked—I went back to the parlour and said, "Where are the keys of the rooms that are locked up stairs? "—Russell said, " There are several keys lying there "—Trowbridge said, " I have not got it "—Jewell said, " I do not know anything about it "—I took a key from another door and gave it to Dew, and it fitted—I went down stairs and in the fire place of the back parlour I found this
handle of a ladle—this bowl of the ladle was on a table in the back attic in a box—there was a fire place in the attic, which appeared to have been used.
WILLIAM JOHN WEBSTER . I am Inspector of Coins to H.M. Mint—I have examined five single moulds in plaster of Paris, one for half-crowns dated 1889, one for half-crowns dated 1893, two for florins dated 1900, and one for florins dated 1897—these twenty counterfeit florins are dated 1897 and 1900, and from the moulds of those dates one half-crown is dated 1889 arid is from the mould of that date—they are bad—I have seen the pattern pieces of good coins from which the moulds for the half-crown of 1893 and florins of 1900 were made—all these coins have been made from these moulds—I have also seen two gilt sovereigns—both are from the same sovereign mould—one bad florin is dated 1898—I have also seen the lamp black, battery, and the other articles produced—they are the regular, complete stock in trade of a counterfeit coiner—the two files have metal in their teeth—these are battery acids.
Evidence for Russell.
ELIZABETH RUSSELL . I am Russell's wife and live at 9, Station Road, Twickenham—about June, 1900, my husband and I applied to the Abbey Road and St. John's Road Building Society and obtained an advance of ₤600, and purchased No. 3, 4, and 6, Shirland Place, but now called 9, 10 and 11, Station Road—we have paid off about ₤250 of the mortgage—the houses became our joint property—Miss Beard became tenant of the sweetstuff shop at No. 10 with her sister just after Christmas, she having been previously in Mr. Volkman's employ—she was not regular in her payments of rent—I reported to my husband that she was not a satisfactory tenant—I saw Mr. Inman, Messrs. Umberstone's traveller, who supplied goods for the shop—Mr. Inman advised my husband to get rid of the Beards, and after inquiries Trowbridge took the business at the end of March, Miss Beard having left on April 3rd—I was a party to the arrangement with Trowbridge, which was put into writing—this is the agreement, dated April 13th—I knew Trowbridge as Franklin, and, after he had taken the business, as Beard, but not as Trowbridge till after his arrest—[the agreement was for a payment of₤25, in sums of₤15 and10 monthly instalments of₤1, and a rental of₤20 payable weekly or monthly for the house except one bedroom and a kitchen until possession could be obtained]—I received the ₤15 and paid it into the bank—goods were ordered of Umberstone for which I paid ₤8 4s. 6d.—those goods were put in the shop and included in the purchase—after April 13th my husband and I took no part in the business, but we carried on the laundry business at No. 9—on May 5th my husband came into the kitchen with a basket of eggs—after a conversation about them he went into the ironing room and put them in at the office window—he then went out, and was immediately afterwards arrested—before that I saw him standing at the front door looking at a commotion which was going on in the street—someone came out of the crowd and took hold of him—on May 16th I read a letter from Brixton prison in Trowbridge's writing.
Cross-examined. Miss Beard owed two weeks' rent at 12s. oil March 24th—at the time of the distraint three weeks were owing; my husband paid her ₤1, and we allowed her to take away her bedding furniture, and her sewing machine—there was not much left, about four chairs, a table, and a couch—36s. was owing besides the fees of levying—the previous tenant gave no notice; after we had given him notice on account of his bad language to his mother and others and complaints of disturbance—we had no tenant in view—I know nothing about an " inventor " coming—my husband would have told me if he had a tenant—our interests were about equal—I made no inquiries about Trowbridge—two rooms were reserved till possession could be obtained—Mr. Erreker occupied two rooms on the top floor—he left in pursuance of. notice about April 29th—he left a bed that my husband lent him money on—Trowbridge had been making inquiries about a week before the agreement was signed—a tobacco and sweetstuff business was carried on—we do our own repairs to the premises, and my husband minded the shop occasionally when Trowbridge was absent—he did not write cheques for the goods—I heard nothing about a counterfeit half-crown previous to the arrest—I first heard about it at the police court—I have never kept a servant—my daughter was sometimes in the shop; sometimes she would serve—I heard nothing about counterfeit money in connection with her takings over the counter—I do not know Jewell—I saw him on one or two occasions leave No. 10—in the evening—the shop was open—I have not seen or heard of his being with my husband—I went to the police station the day of the arrest—my husband handed me a letter which has nothing to do with the case and another one, and this was allowed to pass—I know nothing about the memorandum at the back " See Jewell "; I do not know the writing—it does not look like my husband's—the letter was not stopped by the police any more than the banking book was—I do not know what the other writing on the letter is—I only know Jewell's address from what I have seen in the papers—I received ₤10 after the signing of the agreement from my husband—the expression that my husband and Trowbridge were joint owners must be a mistake in the police evidence—I do not think Trowbridge said he was joint owner of the property.
He-examined. I paid ₤8 of the ₤10 into the bank the following week—this is the paying-in slip—the police kept "back from the papers my husband wanted to hand me through them a pass book, a letter, and a post card connected with the laundry business.
Jewell, in his defence, stated that he called on Trowbridge and had supper and a wash and brush up; they some of the coins must have been found subsequent to the arrest by someone implicated, but that in his home nothing incriminating was found, and that what the police stated that he said to them was not correct.
Trowbridge produced a written defence, stating that he did not shout, " Go, Charlie, " and that it was impossible for him to make counterfeit coin, as he was in the shop all day, except when he went out, when he asked Russell, asa neighbour, to mind it while he was gone. Guilty. Four convictions were proved against Russell and four against Jewell. Five years' penal servitude each.
Three convictions were proved against Trowbridge. Four years' penal servitude. The police were commended by the Court and the Jury for the steps they took for the prisoners' arrest.
MR. WILKINSON Prosecuted, andMr. Cohen Defended.
JAMES MILWARD . I am a barman at the Peacock public house, Minories—on May 28th, between 6.15 and 6.20 p.m., I served the prisoner with a penny packet of cigarettes—he banged this florin which he took from his trousers pocket on the counter, and kept his hand over it and kept me in conversation—I asked him for the money—I saw it was bad—he said, " Give me a piece of it, " as I broke it up—I said, " Do not be in such a hurry "—I had then tried it and bent it—he tried to run away—Ferres and the Governorstopped him—a constable was sent for—I marked the two pieces and gave them to Ferres—these are them—I got back the cigarettes—I went to the police station and heard the charge—the prisoner said he did not know he had it, that he must have got it from Epsom, as he had been there.
Cross-examined. I thought it was bad from the way he put it down and from his keeping his hand over it—he was the only customer in the bar.
THOMAS WILLIAM FERRES . I am the landlord of the Peacock public house, Minories—Milward called me and said, " This man has given me this "—the prisoner attempted to get out at the front door, but I said, " You cannot get out of here till the police come "—he struggled violently—he said, " Won't I? you will see "—he roughly handled me—he threw a bucket at me—I forced him down on to the table—he said, " Let me go, let me go "—a constable came, I gave him in charge.
HUSH CAMERON (756 City. ) I was called to the Peacock public house, where the prisoner was detained by Ferres, who said in his hearing that he asked the barman for a packet of cigarettes and handed him that" bad coin, and he wished to give him into custody—I took him to the station, searched him and found 6s. in silver, and fourteen pence bronze, all good—I took fourteen cigarettes from both his trousers pockets—there were two packets besides the one he had got—they are Woodbines—Milward handed me the pieces of the coin.
Cross-examined. The packet contains five cigarettes—he gave an address, 3, Nicholas Street, Manchester.
Re-examined. He was sober when arrested—he quite understood what was said to him.
The prisoner, in his defence on oath, said that he gave his address at3, Little Nelson Street, Ashley Lane, Manchester; that he came to Epsom and won some money, went about and got "full up" with drink; that he must have received the coin at Epsom, and that was why he asked for the pieces, or in change for some vases, or he might have got it in change during the day; but that he was quite innocent, and did not know it was bad, and was not aware
he had other cigarettes in his pocket, because they were under his handkerchief. . NOT GUILTY .
512. ERNEST COLTMAN(31), pleaded guilty to unlawfully making false entries in the books of Frederick Roberts, his master; alsoto stealing twenty boxes of cigars, the property of his said master, having been convicted at this Court on July 24th, 1899. Twelve months' hard labour .
OLD COURT.—Tuesday, June 23rd, 1903.
Before Mr. Justice Darling.
513. HENRY THOMAS (26), pleaded guilty to feloniously setting fire to two stacks of hay, the property of William Walker . Four previous convictions were proved against him. Twelve months' hard labour .
MR. WILLIS for the prosecution offered no evidence. NOT GUILTY .
MR. LEYCESTER Prosecuted.
During the progress of the caseMr. Justice Darling stated that the evidence was insufficient. NOT GUILTY .
ERNEST GRIFFITHS . I am a commercial traveller of 24, Broadway Parade, Crouch End—I first saw the prisoner on Thursday, June 4th—I met him by appointment at Broad Street Station—there was a general conversation between him and myself and my wife, who had met him about fifteen minutes before I did—she introduced me to him, and explained to him that she had married me while he had been away—a letter had come to me which I had opened making the appointment—I knew that my wife had been married before—on June 6th I got another letter from him, asking us to meet him at his place, Canning Town—I and my wife went, but he did not keep the appointment—we returned home, and found him talking to my housekeeper—I invited him in, and he remained in the house for some time,—we were on friendly terms—in the letter he had written to me he said he was making arrangements concerning his boy, who was at school in Paris, before he returned to South America—the boy was the son of the prisoner and my wife—the prisoner told me he intended to return to South America—he had left my wife in Peru thirteen years ago—on June 6th he seemed to lose his temper, and finally said he would not go to South America, and would prosecute* his wife for bigamy—he left my house about 12 p.m.—I went out with him—we went down to Tottenham Lane—I appealed to him not to ruin his wife a second time—I persuaded him not to go to the police, and he returned to my house with me,
he remained there until the following day, and left early in the morning—we were on friendly terms when we parted—I saw him again on the 10th—our interview was then friendly—he came with the idea of asking me to separate from his wife—he professed to have property in South America, and said he should be able to make a settlement on her of ₤100 a year—we chatted this over, and my wife took down the terms of the settlement—I said, " Of course, before anything is done, you must satisfy my solicitor and myself that you are in a position to carry out the proposals you make "—I wanted him to produce proofs—he immediately collapsed, because evi-dently he was not in a position to do what he proposed—we remained friendly until he said to his wife, " I will have you dead or alive; if you don't agree to what I wish I will shoot both of you "—I said, " If you attempt violence to either Mabel or myself I will shoot you like a dog "—he remained for some little time—we had a general conversation—he left my house about 10.30 p.m.—I walked with him as far as Crouch Hill Station, where we found that the last train to Canning Town had gone—I suggested that he should come back to our house and stay there—he did so—I got up about 6 a.m., but found he had gone—on June 11th I got this letter from him—(This stated that he had drawn up his will; they his wife was to have₤50; that as he had to fay for the drawing up of the documents, and owing to other expenses he was short of money; that he would leave for South America next week, and asked for" two quid" till Monday next. )—my wife's pet name is Bobs—on June 13th I was at home in the evening—about 7.30 p.m. the prisoner came in—we had a conversation—we were friendly—I had sent him a postal order for ₤1—when he came in he was very wet, and I insisted upon him taking his coat off—he had no overcoat or umbrella—I said, "Take your coat off and let it be dried"—he went downstairs to a spare room and took the papers out of his pocket, and I put his coat before the kitchen fire to dry—I went downstairs and bought a bottle of whisky, and gave him about a quarter of a tumbler, because he was shivering—he seemed thoroughly ill—we had a conversation, and he said, " I have seen Pethcot to-day, and Mr. Robert Gray was there also, and I have told him unless he pays me ₤300 by Monday I will lose him his position in the Cable Company "—I knew that he owed money—I said, " You hound, this is blackmail, I will have no more to do with you, put on your coat and out you go "—I went into the kitchen to fetch his coat, and as I came back with it on my arm, he fired his revolver at me—I could not see the revolver—there was a light behind me and one in the other room, but in the passage it was dim—I was dazed, and he fired a second shot—I felt the powder hit me—I jumped on him, and jumped on his head, and tried to stamp the life out of him—he then seemed very dazed and unconscious—I went for Dr. Hare.
Cross-examined. I believed Mrs. Griffiths was a widow when I married—her—she is a distant cousin of mine—I had only known her for eight or nine years—she says she was married to the prisoner in Peru, and lived with him there—I do not think he is an Englishman, I think he is a half-caste—the first time that I knew that he had turned up again was when I got the letter on June 3rd—he did not tell me that he wanted Mrs. Griffiths to
leave me and go to him—I did not offer him money to go away and leave us alone, I was not in a position to do so—I tried to persuade him to go away, and he agreed that it would be best for all parties that there should be no scandal—there were no high words between us on June 6th, he only said that he had changed his mind, and would have his wife dead or alive—he also said that on the 10th—he proposed that Mrs. Griffiths should leave me and live apart from both of us, and that he would make her an allowance—I had not seen a revolver in his possession up to the time of his saying that he would shoot me and his wife—I did not then know that he had one—he had slept at my house on two or three occasions—nobody else had occupied the room where he slept between the time that he slept in it and the 13th—he did not go to his room just before he fired at me—I always thought he was rather peculiar in his manner—I believe he has something the matter with his right arm; I have never seen him use it-he did not seem to be in bad health—his mood did not change from time to time—when he came in on the 13th he seemed rather funny, he insisted upon knowing where I had been, and I thought it curious that a man in his position should dictate to me as to my movements—he did not seem excited—he seemed ill, and his teeth were chattering with the rain and cold—we did not have any cross words—he did not refuse to take the whisky I offered him, or make any trouble about taking it—he did not accuse me of insulting Mrs. Griffiths—when he shot at me he was wearing my dressing gown—I did not see the revolver in his hand, I only saw the flash—the shots did not hit me, the powder burned my hand, and my coat was torn—I do not know if it was done by the bullets, but it was not. torn before the first shot was fired—the second bullet struck the ceiling, and Dr. Hare picked it up—my sitting room is about 18 feet by 16 feet—the prisoner was standing in the doorway when he fired—I was in the doorway of the kitchen, and about 1 ½ yards away—Mrs. Griffiths was in the kitchen then—my housekeeper fetched the policeman—while he was coming the prisoner was lying on the floor: I would not allow him to get up—I did not know if he had any more arms on him—he was quiet then—he kept lifting his head to get up, but I kept shoving him back again—he lay there until the policeman came.
CONSTANCE ROSS . I live at 24, Broadway Parade, and am Mr. Griffiths' housekeeper—oh June 13th, I was in the kitchen, about 9.50 p.m.—I heard the prisoner call to the prosecutor in a very pleading way—the prosecutor, Mrs. Griffiths, and myself were all in the kitchen—the prosecutor went towards the dining-room, and I instantly heard a shot, and then another—I went out of the kitchen and saw the prisoner lying on the floor, just inside the dining-room—I had first seen him on the Saturday after Whitsun—I had seen him about four times—he and the prosecutor appeared to be on friendly terms—I saw a revolver lying on the floor about two yards from the prisoner—the prosecutor has a revolver; the one on the floor was not his.
Cross-examined. I saw the prosecutor's revolver in the dining-room cupboard—it was not kept loaded—the prosecutor was only in the kitchen a little time before he was called out—he was not sitting there—
he was drying his hands—the prisoner was alone in the dining-room—I had seen him that evening—I do not think that he seemed ill—he had been at the house since about 7.30.
By the COURT. His coat was in the kitchen on the horse in front of the fire—when the prosecutor left the kitchen, I think he had the prisoner's coat in his hand—there was a light in the kitchen and in the dining-room—I had heard the prosecutor telling the prisoner to get out of the house, and then he came into the kitchen—I do not remember his picking up the prisoner's coat.
EVAN HARE . I am a registered medical practitioner of Ratcliffe House, Hornsey—on June 13th, I was called to 24, Broadway Parade, about 10.5 p.m.—I saw the prisoner lying on his back on the floor in. the sitting room—I examined him—I found no bullet wound, but he had two contused abrasions on his face, and a depression on the left side of his head under the bone—he was quite conscious—I spoke two or three times to him; he did not answer readily—I said, " What is all this about? " he said, " These people have been taking advantage of me "—this revolver (Produced) was handed to me by Mrs. Griffiths—I examined it; there were two exploded and four intact cartridges in it—on the landing, some way from the sitting-room, I found a bullet; it was rather battered, and I did not test it to see if it would fit the revolver.
Cross-examined. I do not think anybody was holding the prisoner when I got there; he was not excited—the mark on his skull was an old one, it was a severe injury, I took it to be the cause of his arms being. paralysed, and I think it also affects his leg—he was quite sober—there was a strong smell of spirits in the room.
WILLIAM ADAMS (48 Y.) About 10.5 p.m. on June 13th,. I was called to this house in Broadway Parade—I saw the prisoner being held by Dr. Hare—I saw a revolver, it contained four loaded cartridges and two unloaded ones—I arrested the prisoner for attempted murder—I took him to the station; he made no reply to the charge—I think this revolver is of Belgian make.
EDWARD YOUNG (455 Y.) On June 13th. I was on reserve duty at Hornsey Police Station—I was looking after the prisoner in the charge room—about 11 p.m. the prosecutor came in, and asked to see the officer on duty—I pointed to the inspector's office—as he was entering the office, the prisoner said, " I wish I had killed him."
SIDNEY KENDALL (Detective Sergeant Y. ) On June 14th, I went to 24, Broadway Parade—I examined the second floor—I found a bullet embedded in the panel of the front room door—I also saw that one had hit the bannister and glanced off up to the ceiling—this one (Produced) I cut out of the panel—on June 15th, I was in the passage of the Court with the prisoner; he said, "Sit down, I want to tell you something"—I sat down—he said, " When I went upstairs the Griffiths threatened to shoot me; I pulled my revolver out, and shot at him once or twice, I do not know which."
Cross-examined. I found the bullet in the door-post of the dining-
room door—if you were standing in the front room doorway, the bannisters would be on your left, and about 2 ½ yards away.
By the COURT. I understand this revolver was made in Belgium—I have not tried it to see how far it will carry—I should say it would kill at 50 yards.
The prisoner's statement before the Magistrate. " All I can say is this is unjust, I have been led into this. I came to the house and was received very kindly—Mr. Griffiths, me, and my wife did not agree, they asked me to have some brandy. I refused, and they pressed me, and he went and fetched some, and I drank a little. It tasted peculiar. As we were in front of the door, he gave me a blow. I pulled my revolver out, and he knocked it out of my hand, and then he knocked me down. He kicked me on the head. I did not remember any more until I was at the police station. The doctor gave me some medicine, and said there was something queer."
ERNEST GRIFFITHS (Re-examined. ) I have a pistol, it is not a revolver—the prisoner has never seen it to my knowledge—I kept it in a cupboard in the room—I have had it for many years—I have not fired it for years.
SIDNEY KENDALL (Re-examined. ) I have seen Mr. Griffiths' pistol, it was all dirty and rusty—I looked down the barrel, it was full of fur from dirt and rust—I should say it had not been used for years.
The prisoner, in his defence on oath, said that he had left his revolver under his bed; that the prosecutor said he would shoot him; that he (the prisoner) went and got his revolver, and held it out to the prosecutor, and said, " Here you are; if you want to shoot me, do so, but I am tired of this kind of behaviour "; that the prosecutor knocked it out of his hand; that he did not remember any more; that he did not know if it went off or not; and that he did not intend to shoot the prosecutor. Guilty on the second Count . Three years' penal servitude .
NEW COURT.—Tuesday and Wednesday, June23rd and24th, 1903.
Before Mr. Recorder.
MR. CRICKETT Prosecuted.
ment, and then noticed part of my watch chain hanging down—I saw the prisoner pass the chain on, and I took hold of his wrist and asked him to give up my watch—he said he could not do that, he had not got it; so I kept hold of his wrist, and called a policeman—the watch was not found on him—the ring of a watch was brought into the station, having been picked up from the pavement—it was similar to the one attached to my watch—he had the chain in his hand when I seized his wrist.
Cross-examined by the Prisoner. Isaw your hand on my chain, and caught hold of your wrist immediately.
JAMES ARNOLD (178 City. ) On June 11th, about 5.15 p.m., I was called by the prosecutor in Poultry—he said he had lost his watch-he had hold of the prisoner—there was a crowd, and I forced my way through, and put both arms round the prisoner—he then endeavoured to pass something from his left hand—with the assistance of another constable I brought him out from the crowd into a clear space, and the ring of a watch was then picked up—the prisoner was taken to the station and charged—no watch was found on him.
Cross-examined. When I came up the prosecutor had hold of you by the wrist—I could not see to whom you passed the something I mentioned, owing to the crowd—I got you out of the crowd into the carriage way.
Prisoner's Defence. I was waiting in Cheapside watching for the King and Queen to drive by, and making a cigarette, when the prosecutor took hold of my wrist and called a constable, who took me into the carriageway and searched me, but found nothing on me.
GUILTY . He then pleaded guilty to a conviction of felony at Clerken-well on February 21st, 1899. Two other convictions were proved against him. Eighteen months' hard labour .
MR. FRAMPTON Prosecuted; Mr. Kershaw Defended.
EDWARD TOM TANDY . I am a journalist of 68, Torrington Square-on May loth I left the office of the " Daily Mail " about 9.40, and I got to Regent Street about 10.30—the prisoner said something to me to this effect, " Have not we met in Nottingham? "—I looked at him and said I did not remember meeting him—I have been several times in Nottingham, but I did not remember meeting him—we talked about Nottingham and walked on together—he said he was staying with friends in Edgware Road, and asked me to go and have a drink—I went, as he seemed a very gentlemanly person and spoke very nicely—I had some lemonade, and he had, I think, some whisky—we left the public house together, and went strolling along, chatting about various topics—I omitted to say that I had seen him shortly before in a urinal in Vine Street—we continued walking in the direction of Edgware Road, and I said, " Where shall we go and have another drink? " he said, " Now you have come so far, come to my place and have something to drink there, " and I said, " Very well"—when we got to Chapel' Street, Edgware Road, he stopped out-side a
little sweet shop and said that was where he was staying—he knocked at the door; it was opened—we went in—he went upstairs to light up and came back—I then went upstairs with him into a bedroom—he said, " We have to pass this way, " and walked over to a lamp which was there, blew it out, turned round and flung me down on the bed, and snatched my watch and chain and cigarette case and put them in his jacket pocket—he then put his hand in my trousers pocket and took out everything I had, a card case and about 8s. or 9s.—he then got up, giving me a further push, and slipped out of the room—I thought it advisable not to call out, as it might bring him help instead of for me—I jumped up and looked round the room, and struck a match—he then came back, and with the same match relit the lamp—I thought it best to be diplomatic, so as to safely get out of the house and get him out too, so I said, " You have served me a dastardly trick, how much do you want? I suppose you have taken my things for money; name your sum; of course, you know you have left me with no money, but get my things and come with me and you shall have what you want "—he said, " No, I can't get the things to-night, they have gone entirely out of the house "—I stopped talking with him, endeavouring to persuade him to go and get them—he said, " Don't think I have taken the things because I am a bad man, I am not bad at heart; I have taken them because I am thoroughly hard up; if you bring me ₤2 or ₤3 you can get them back in the morning "—I went on trying to persuade him to get them—I said, " If you only want ₤2 or ₤3 in the morning, get them now and come with me and you shall have ₤5 "—that was in order to get him out of the house with the things, so that I might give him into custody—finding he would not get the things, I said, " Very well, come along with me and we will fetch the money and come back "—that was with the intention of giving him into custody—we went out. and I wanted him to walk either to Baker Street Station or Edgware Road, where I expected a constable to be, but he would not go quite so far in either direction—we got to Marylebone Road, and he stopped outside a public house and said, " Are you going to have a drink? "—I went in, so as not to let him go—when we came out I saw an inspector and constable: I seized him by the arm and called out, " Constable, constable, I want to give this man into custody "—he took no notice, probably thinking I was trying to foolhim—the prisoner then said, " If you want to give me into custody, give me into custody; I will come down to John Street Police Station "—I told him I was going to give him into custody for stealing my things—he then said, " In that case you won't get your things back at all, and I shall charge you with having come to my place for an unlawful purpose "—I said, " Very well, let us go to John Street Police Station "—he said, " You can go if you like, I shall not "—we walked back in the direction of Chapel Street, and I left him at his door—he went in, and I said, " I will bring you the money in the morning "—he said, " Bring what you like, ₤2 or ₤3, I will not be hard upon you "—we did not meet a constable all the time; there may have been one on the other side without my being able to distinguish, my glasses being broken—I then went in search of a constable—I found one,
and he referred me to John Street Police Station—I then went to John Street Police Station, and a constable was sent with me to the house—we knocked at the door, and eventually the prisoner came down—I said to the policeman, " This is the man who has stolen my watch, I give him into custody "—the prisoner said, " Liar "—he was taken to the station—on the way he said we should find he was a respectable man, and had lived at the house six years "—I am quite certain I had my watch, chain, and card case in my possession when I entered his room.
Cross-examined. During the whole of the time after being robbed I had two things in my mind, first to get my property back, and then to give him into custody—I have been to large meetings in Nottingham, and met a lot of people—I did not go into any other public house after having the first drink with him, till after we got to Chapel Street—when in the house after being robbed I did not call out, as I felt I was in a trap—when in the street with the prisoner I did not ask anyone to help me, as I thought that would be no good—when we saw the inspector and constable I did not go up to them, as I thought the prisoner would run away—he did not attempt to get away—I was anxious to appear friendly with him after the robbery, as I did not know that 3a, Chapel Street was really the place he was staying at.
Re-examined. This occurrence in the room was a great surprise to me, and I did not know what might happen in the house.
THOMAS BARLOW (158 D. ) On the night of May 15th I was on duty at the police station in Hollingdon Street—the prosecutor came there and made a statement, in consequence of which I went with him to 3a, Chapel Street, Edgware Road—I knocked at the door, which was opened by an elderly woman—in consequence of what I said to her she went upstairs and the prisoner came down—the prosecutor accused him of having robbed him of Various articles—he replied, " You liar "—I asked him to accompany me to the station, which he did—I afterwards returned to the house and searched his room—it was an ordinary bedroom—the bed was slightly disarranged, as if someone had sat on it or someone had been pushed on it-on the way to the station the prisoner said he had resided at the house six years, and that he was going to marry his landlady's niece.
The prisoner, in his defence on oath, stated that on May loth he was living at3a, Chapel Street, where he had lodged for five months; that he had met the prosecutor in Regent Street, and had several drinks with him, and when they arrived at his place the prosecutor asked if he could go in for a moment; they he said he could; that they went upstairs and had a smoke and chat; that the prosecutor then put his arms round his neck, kissed him, and indecently assaulted him; that he then struck him and smashed his glasses, but that he never took his watch and chain or cigarette case; and that the prosecutor apologised to him for the assault the next morning.
E. T. TANDY(Re-examined. ) It is absolutely untrue that I indecently assaulted the prisoner—I never heard of such a charge till yesterday.
GUILTY of robbery only . He was stated to be an associate of bad characters, who frequent the neighbourhood of the Marble Arch, and the parks and streets, and prey upon the public. Five years' penal servitude .
MR. RANDOLPH Prosecuted; Mr. Hutton Defended.
JAMES CALVERT . I have been a porter at St. Martin's Town Hall, Westminster, eight or nine years—some years ago I purchased the house, 26, Charlwood Street, Pimlico, and let unfurnished what I did not want—on March 3rd I received the envelope marked " B " and letter " C " through the post—the letter is written in red ink—I did not know the prisoner till he was arrested—after recognising the letter I made inquiries, and in the result a summons was applied for—[Letter read: " Charlwood Street, Pimlico, S.W. Dear Sir,—Just a few lines to remind you I saw you turn a man with a chair out of your house, which I do not think was a proper thing to turn an invalid out, but I may tell you that I saw your wife down Victoria several times, and also I have seen her in the Enterprise public house with several different men drinking, and there is one of the men I have seen enter your house several times, and do not think your wife can call herself a respectable married woman to carry on the way she does, and I must say your house is a disgrace to the street, no other woman would carry on the same way as she does, and I think you ought to put a stop to it. Not only that, she is always taking different men into the house, which I thought about informing the police, because I think your house is nothing but a house of call for men—Yours faithfully, W. Bennett." The envelope was addressed, " Mr. Calvert, c.o. J. Hunt, Town Hall, Charing Cross, London."]
HENRIETTA PLUMB . I am single—I know the prisoner's writing—I was engaged to him—he is a porter at the Battersea Park Station of the Chatham and South Eastern Railway—I walked out with him five months ago—I knew him two years—the engagement was broken off—I received several letters from him, sometimes twice a week—I have seen him write in his pocket book and have seen the writing there—it is the same as in his letters " A " and " C " and as the letter and envelope received by Mr. Calvert—afterwards I walked by the side of Mr. Bates' chair—he cannot write nor walk—he is paralysed—the letter signed " Your future husband, A. Bates " is the prisoner's writing—I recognise it, and he admitted to me that he wrote it.
Cross-examined. When I was engaged the prisoner told me he was 17, not 15—I live in lodgings—I was going to be married to Mr. Bates, because the prisoner and I fell out—Bates asked me to be his wife—the prisoner gave me up—he wrote the love letters to me for Bates at Bates' request—I used to go where Bates lived at 77, Tachbrook Street—the prisoner used to take Bates out in a chair.
Re-examined. The prisoner told me he was 20 years old.
I saw the prisoner detained at Rochester Row—he was charged with libel—he said, " I do not know anything about it."
Cross-examined. He was seen outside the station—he came to the police court in reference to a summons—he has been employed by the same railway company as his father since he left school—they are respectable.
THOMAS HENRY GURRIN . I am an expert in handwriting at Bath House, Holborn Viaduct—for eighteen years I have been engaged by the Treasury and others in cases of disputed writing—the letters A and C and the envelope B are the natural undisguised writing of the same person—both letters are written on the same quality paper—it is an imitation linen—the writing is in red ink—it slopes, and the letters are formed in the same way in both letters, especially the capitals P I, J, H, and B—I have no doubt about it—it does not require expert knowledge to see the similarity.
Cross-examined. I have seen good imitations of another person's writing—it is a cheap paper—I do not think I have seen any like it.
The prisoner, in his defence on oath, denied that the writing in the libel was his, and said that he had no quarrel with Calvert, and did not know him.
GUILTY . Strongly recommended to mercy by the Jury. He received a good character. To enter into recognisances .
MR. COHEN Prosecuted.
JAMES ADAMS . I am a painter—I live at 125, Raydon Road—about 11.50 p.m. on May 23rd I came out of the Cape of Good Hope public house with my boy—a man who had been trying to force his conversation on me inside the house, followed me into the street—the prisoner was outside—the man grabbed my watch and chain, and the prisoner knocked me down with his fist, or his crutch—I got up—I saw the prisoner when a policeman caught him in St. Ann Street—I said, " That is the man who knocked me down "—I picked this piece of chain off the ground—the value of both was about ₤1—about ten minutes elapsed before the prisoner was caught—I was in the station at 12 o'clock.
ARTHUR ADAMS . I am a son of the last witness—I am 11 years old—I was with him in the Cape of Good Hope public house on May 23rd—someone spoke to him—we went outside—the man got his watch and chain, father went to catch the man, and the prisoner hit him on his forehead and knocked him down with his crutch and ran away—I saw him about five minutes afterwards in St. Ann Station—I told a policeman that was the man who knocked my father down—the public house was well lighted up outside.
ERNEST FIRBY (K. 346.) Adams was sober when I saw him about 12 p.m. on May 23rd—he had been struck on the head, which was bleeding—I asked him what had occurred—I took him down St. Ann Street—from information I received from the boy, I took him back to the prosecutor, and the boy said, " Yes, that is the man "—there is no thoroughfare
THROUGH ST. Ann Street, and the prisoner had to come back—he was very violent—when charged he said, "I hit him with my fist, not with my crutch."
GUILTY . He then pleaded guilty to a conviction of felony at Clerken-well on May 13th, 1902. He was stated to be an associate of thieves, and of the man who robbed the prosecutor. Six months' hard labour .
MR. HOLLOWAY Prosecuted; Mr. Cohen Defended.
GEORGE BROWN (Policeman J. ) I arrested the prisoner at 1.45 a.m. on June 12th—I told him I had a warrant for his arrest—he said, " Yes, I heard you were after me, I was going to give myself up; I should have done so to-day, only I wanted to get some money in "—the warrant charged him with fraudulently converting to his own use money of his employer.
Cross-examined. I have known him fifteen years—I have seen him in public houses—he goes about selling hay and corn.
HERBERT THOMAS SQUIRE . I am a hay and corn merchant trading as Gun and Co., at 361, Bethnal Green Road—I got an order on the prisoner's introduction, and supplied goods to Mr. J. B. Crick, amounting to ₤4 13s. 6d.—I have not been paid—goods were also delivered to Mr. George Castle, of 30, King Henry Street, Dalston Lane, to the amount of ₤1 7s. 6d. on the prisoner's introduction—that was the first transaction—I have done one or two since; also to Mr. Fitzpatrick, of Dalston Lane, to the amount of ₤3 2s.—the whole amount was ₤17, but I received on account a cheque for ₤5 and ₤7, which leaves ₤4 19s. 6d. which I have not received—I wrote a letter to the prisoner on April 25th, and received the reply produced from his solicitor demanding an account for profits, stating that he claimed much more from me than I was entitled to—after consulting my solicitor, Mr. Mills, I instituted this prosecution—the prisoner is not entitled to an account from me for profits—since we had an account we find we owe him 11s. 10d., which includes commission and everything.
Cross-examined.. I have been in the business since December 19th last year—before that Henry Whitmore had the business—I traded as J. B. Gun and Co., because the business was known by that name—there was no engagement between Meade and me—he was paid a commission on an average of 5 per cent.—more profit was obtained on some things than on others—the arrangement was made with my manager, Mr. Bowler—when I took the business the prisoner was already working for the firm—this is the list of his business from December 20th to April 4th, showing ₤185—I hardly know what proceedings I threatened—I thought the letter would induce him to come and pay the amounts—my manager went round to the customers and found people had paid—he had no authority to collect money—I could not keep an account—I have taken money from him which has been paid to him—I keep books of all the business—he was never told to receive money—the 11s. l0d. is due to him for commission on from eight to twelve small orders.
Re-examined. The carman received the money where there were not monthly accounts or the money paid on the delivery of a second lot of goods—the prisoner was paid his commission from my manager in small sums of 5s., 8s., 3s. 6d., and so on at the time of the order—other goods were supplied to customers through the prisoner for which we have not received the amounts—the prisoner was not entitled to retain any sums.
THOMAS BOWLER . I am the prosecutor's manager—goods were supplied to Fitzpatrick amounting to ₤4 19s. 6d., to Mr. Moseley to ₤1 7s. 6d., and to Mr. Crick to ₤4 13s. 6d.—they are still outstanding—I have received no money in respect of those moneys and others, amounting altogether to ₤18 12s. 9d.—the book shows that the prisoner has received commission on all those—he did not give a receipt—that is not customary—he was paid when the amounts became due—I produce a list of commissions paid to him amounting to ₤7 10s. 11d., out of a total of ₤8 2s. 5d.—11s. l0d. commission is due to him on goods delivered—I did not send him an account, because Mr. Squire ordered me not to do so—I did not authorise the prisoner to collect the amounts, nor to retain his commission out of moneys collected—he did account for ₤2 and three cheques I received, and posted receipts-he did not deduct his commission from those amounts—those are the only occasions on which he brought in money—I paid him his commission when the order was executed.
Cross-examined. The prisoner was employed before the business was taken over—there were no difficulties with him—he was a good servant, so far; he brought a lot of business—we had no agreement with him—I had only found out one amount that had been paid him the day before the prisoner was written to—he did ₤185 worth of business in the four months—₤1 7s. 6d. was received on the day the letter was written.
Re-examined. I asked the prisoner if he had received money—he said yes, he would call in the afternoon and pay it in, but he did not do so, and I did not see him again—all I heard him say at the police court was " I reserve my defence "—I made no arrangement with him to share profits.
GEORGE MOSELEY . I live at 30, King Henry Street, Kingsland—Gun and Co. supplied me with goods value ₤1 7s. 6d., which I paid the prisoner on April 15th—this is his receipt, written on a paper bag—I gave him a sovereign, a five shilling piece and 2s. 6d.
Cross-examined. I have done transactions with him before and have always paid him—I always dealt with him.
Cross-examined. I knew nothing of Gun and Co.—I dealt with Mead—I have dealt with him three years—everything has been satisfactory—I made out the cheque to him—he gave me the receipt—Squire and Bowler* asked me to attend the Court—the cashier came first, and I said, " No, unless I have a subpoena; my time is too valuable "—I was subpoenaed—I appeared before the Magistrate—I was bound over at Worship
Street—I believe Bowler and Gun said they wished they had not commenced proceedings.
JOSEPH BENJAMIN CRICK . I am a cab. proprietor, of 162, Dalston Lane—Gun and Co. supplied me with goods, for which I paid the prisoner on April 11th ₤4 13s. 6d. by this open cheque for ₤2 and the balance in. cash—I have seen the prisoner's signature on the back.
Cross-examined. I have dealt with the prisoner three years—the transactions have been satisfactory—I did not know Gun and Co.—I told the Magistrate I bought the goods from the prisoner and paid him for them.
Re-examined. "Gun and Co., Bethnal Green, E." is on the invoice—I thought he represented the firm—I only know Meade—I never did business with Whitmore to my knowledge—I got the accounts, and paid for the goods.
The prisoner's statement before the Magistrate. " My arrangement was to share the profits. They say I am not supposed to collect money. I reserve my defence." NOT GUILTY .
FOURTH COURT.—Tuesday, 23rd June, 1903.
Before J. A. Rentoul, Esq., K.C.
MR. TODD Prosecuted.
WALTER SELMAN (Police Sergeant39 E. ) On May 16th, between 11.30 and 12 p.m., I was on duty with Thompson in Pennyfields, East India Dock Road—I saw the two prisoners and another man concealed in a dark doorway—I watched them—I saw the prosecutor cross the road, and then the three men rushed out at him—Blank put his left hand on the back of Coleman's neck and his right hand in his trousers pocket—Jones put his right hand over Coleman's mouth—Jones struck Coleman on his nose between his eyes and knocked him down—we ran up, and on seeing us the men made off—we gave chase, and I eventually arrested Blank, and Thompson arrested Jones—after we had taken them to the station I went to find the prosecutor—I knew where he lived—when I returned to the station I found this knuckle-duster (Produced) on the mantelpiece, just where Jones was standing—I asked the officer at the station if it was anybody else's property, and he said " No "—I then asked Jones if he had put it there, and he said " No "—when charged, Blank said, " I know nothing about this; I have just come from the Queen's "—Blank was searched—4s. was found on him—the prosecutor said he had lost 4s.—I never lost sight of Blank except momentarily when he turned the corner.
Cross-examined by Blank. I was in plain clothes—I could see you perfectly, as it occurred under a street lamp—I did not hear the prosecutor say at the police station, " I do not know anything about this, I was in bed when it was done."
Cross-examined by Jones. I did not notice anything wrong with your hand.
JOHN COLEMAN . I am a dock labourer, and live in Pennyfields—about midnight on May 16th I was going home when I was caught by the back of my neck by two or three men and received a blow on my nose between my eyes—I was knocked to the ground senseless—four shillings was taken out of my pocket—I was drunk—I cannot identify the prisoners—when I came to I went home and got to bed—I had been in bed some time when the constable came to me and took me to the station to identify the prisoners.
Cross-examined by Jones. I did Dot strike at you—I had had no quarrel with you.
CHARLES THOMPSON (557 K. ) On May 16th, about midnight, I was on duty with Sergeant Selman in Pennyfields—I saw the prisoners concealed in a dark doorway and watched them—Coleman crossed Pennyfields, going towards Turner's Buildings, and the two prisoners and a man not in custody rushed at him—Blank seized him by his neck with his left hand and put his right hand into his trousers pocket—Jones put his left hand over Coleman's mouth—Coleman struggled, and Jones dealt him a blow, knocking him to the ground—I arrested Jones—I knew Coleman—he had gone home and had gone to bed while we were taking the prisoners to the station.
Cross-examined by Jones. I am positive you struck the prosecutor—he did not fall down and hurt his nose.
The prisoners' statements before the Magistrate. Jones says: " I was quarrelling with the prosecutor; when I came through Pennyfields he fell against me, and I pushed him; he tried to kick me and fell down; some chapthen came up and asked what was the matter; I do not know him; I had a stitch taken out of my right hand at Brixton, and could not have done it; the constables came and took me; it was not a hot chase." Blank says: "I was coming from the Queen's Music Hall about 11.30; I came into East India Dock Road and saw this prisoner (Jones) running, and asked what was the matter; the sergeant then took me by the throat; the man was speechless drunk, and said he was in bed at the time."
Blank and Jones, in their defence, repeated their statements before the Magistrate.
GUILTY . Blank then pleaded guilty to a conviction of felony at the Thames Police Court on April 21st, 1902, in the name of William Connolly, and Jones to a conviction at the Thames Police Court on August 16th, 1902. Twelve months' hard labour and twelve lashes with the cat each.
NOT GUILTY .
MR. BOHN Prosecuted.
HENRY BALSER . I am a dock labourer, but at present I look after a cab rank at Drury Lane—on June 6th, about 1 o'clock at night I was in Osborne Street, Whitechapel, on my way home—a woman asked me for twopence for a night's lodging, and I gave it to her—I walked on a little further in the middle of the road, when the prisoner and four other men came up to me—the prisoner got hold of my arms and pulled them over my head, and another put his hand over my mouth while another took 8 ½d. from my waistcoat pocket—I shouted, a policeman came up, and I gave the prisoner into custody—I was perfectly sober.
Cross-examined by the prisoner. There was no woman in the street when you set upon me—the woman I gave twopence to was at the corner of the Whitechapel Road—you hit me twice under the jaw—you did not rob me, but you held me up while the others did.
ISAAC MALLETT (135 H. ) At 1 a.m. on June 6th I was on duty in Whitechapel Road—I heard shouts of " Police, " I ran into Osborne Street, and saw the prosecutor and the prisoner—the prosecutor said, " This man has knocked me down and four others have rifled my pockets and taken 8 ½d. from my waistcoat pocket"—I asked him if he was sure that Jacobs was one of the men, and he said yes—I took the prisoner to the station, and in reply to the charge he said, " A woman asked me to take this man away from her as he was going to kill her "—he was sober—no money was found on him—the prosecutor was sober.
Cross-examined. I never saw any woman about when I came up.
Prisoner's defence. " I know nothing about the robbery or the violence; I am quite innocent of it."
GUILTY . He then pleaded guilty to a conviction of felony at Clericen-well on May21st, 1901, and one other conviction was proved against him. Nine months' hard labour, and twelve lashes with the cat .
The Judge here adjourned into the New Court.
527. GEORGE BUTLER(24), pleaded guilty to forging and uttering orders for the payment of ₤10 3s. 6d. and ₤7 10s., with intent to defraud ; alsoto obtaining a bicycle from Harry Marsh, a bicycle from Barnett William Peters, a revolver and leather holster from William Roland Oliver, and a gun and gun-case from Charles James Curtis, by false pretences, with intent to defraud. Three years penal servitude .
528. WILLIAM CONNELLY(23) , to breaking and entering the shop of Lilley and Skinner, Limited, and stealing three pairs of boots, value 27s., having been convicted at this Court on December 12th, 1898. Twelve months' hard labour . [Pleaded guilty: See original trial image.]
529. JOHN HARDY(28) , to stealing from the person of James Norton a watch and chain. Three previous convictions were proved against him. Four months' hard labour . [Pleaded guilty: See original trial image.]
530. JOSEPH BASE(52) , to acknowledging bail in the name of another person, to wit, William Paul, without lawful authority or excuse. Discharged on his own recognisances . [Pleaded guilty: See original trial image.]
GUILTY . Recommended to mercy on account of his age. Discharged on his own recognisances .
OLD COURT.—Wednesday, June 24th, 1903.
Before Mr. Justice Darling.
MR. W. B. CAMPBELL Prosecuted; andMr. Randolph Defended.
WILLIAM PIERCY FOX . I am a physician and surgeon, of 122, Clapham Road—for about six months the prisoner was my coachman; he lived in my house—on April 21st I dismissed him without notice because there was a robbery in my house, and he was suspected—I told him that I should dismiss him for that reason, and that if he called next day at 4 o'clock he could have his things—he called and got them and went away—I did not see him until the 21st—on May 20th I went to bed about 10.30—I was awakened about 2 a.m. by an electric bell which rings in my bedroom—I have also a tube to enable me to speak to anybody at the door—I spoke through the tube and said, " What is the matter? "—a voice said, " I want you to come to a very urgent case indeed "—I said, " Who is it for? "—he said, " It is at Camberwell, but I should like to see you first "—I did not like the idea of going to a strange case, and I said, " Who is it for? "—he said, " It is very urgent, I will pay you anything you like "—I got up and put on some slippers and a dressing gown, and went downstairs—there is an inner door before you get to the outer door in the hall—the moment I opened the outer door I saw a man—I did not recognise him then, he had hair on his face—he rushed in, and the first thing I saw was his right hand put up with a revolver in it and pointed at my head—I instantly seized his hand and a struggle began; it lasted about ten minutes—he struggled very violently—the revolver was still in his hand—I was trying to wrench it from him—there was a noise, I called for help, and my i wife came downstairs—I said, " Open the front door "—when I had first seized the man's hand I advanced towards the door, and he bumped it with his back and it closed—Mrs. Fox opened it—she returned to the dining room, got a police whistle, and went to the front door and blew it—: there were two men in the street, but they did not like to come up—Mrs. Fox said, " Won't you come and help? " but they put their heads behind a pillar—I at last got the revolver from the man and threw it on to the pavement 12 or 13 yards away—I then received a terrible blow on my left temple, which nearly stunned me, and I nearly fell—four or five men were passing outside—two of them came up, and we threw the man in the front passage leading to the hall—I had not recognised him then, but while he was still on the ground my wife said, " Oh, that is William "—I then recognised the prisoner—when he first came in, his coat was buttoned up, and he had a. beard on—when I recognised him the beard was "off—next day I had a black eye—the chief blow was over my temple, and there was a great deal of swelling; it lasted for about ten days—I had some other bruises and kicks also, and the skin was torn off my back in two or three places.
Cross-examined. When I suspected the prisoner of stealing my jewellery he denied it—I sent for a detective—I did not give the prisoner into custody;
I decided that I would discharge him—I told him to come for his things next day—I believe the other servants put his things into the yard—his sister did not come to me for a character for him—I have discharged my cook, but she had received notice previously—the only direct blow I received was on my temple—it took three constables to take the prisoner to the station—I was able to take care of myself in the struggle.
Re-examined. The prisoner is a very strong young man—he had had notice to leave before I dismissed him.
ELLEN IDA FOX . I am the wife of Dr. Fox—on May 21st, I was awakened in the early morning by the night bell—I saw my husband go downstairs—I heard a scuffling and went down—I saw two figures struggling in the hall, which was perfectly dark—I said, " What is the matter? " my husband said, " Open the door "—when I did so, it was light, and I recognised the prisoner; he had a black overcoat on; he had no beard—I got a police whistle and blew it; our present boy fetched the police—I saw my husband throw the revolver away.
ALBERT DOSWELL (127 W.) On May 21st, I was on duty, about 2 a.m., in the Clapham Road I heard a whistle—I ran in the direction of the sound—I saw Dr. Fox and another man struggling with the prisoner on the ground in the porch—I arrested the prisoner—Dr. Fox said he had attempted to shoot him—the prisoner was quiet until I got him out of the garden, when he insisted upon struggling—I got him on to the ground and kept him there until I got another constable to help me, when he went quietly to the station—this six-chambered revolver (Produced) was handed to me-I examined it at the station—all the chambers were loaded—I afterwards returned to the house, and found this beard (Produced) on the steps.
Cross-examined. While the prisoner was struggling with me and the other policeman, he went against the wall, and hurt his forehead—the revolver has been damaged—I think that was done when it was thrown away.
HUGH HARVEY (Inspector W. ) I was in charge of the Clapham Police Station, about 3 a.m. on May 21st, when the prisoner was brought there—I read the charge to him—he said, " I did not attempt to murder him; I had that revolver, but did not point it at his face; I bought it in White-chapel about a month ago for 7s. 6d."—when I was looking at the revolver, and after the bullets were extracted, I found it was damaged—about 5 a.m. Doswell handed me this false beard—I held it behind my back, and went down the passage, and said to the prisoner, " Have you missed anything you had on going up to the doctor's "—he put down his head—I held up the beard; he lifted his head and said, " Oh, that is what I had when I went up to the door "—I found the revolver could not be discharged without pulling the hammer back—I said, " It appears to be out of order "—the prisoner said, "Let me see it"—I handed it to him; he examined it and said, " It was all right, it must have been broken in the struggle."
Cross-examined. Directly the charge was read over to the prisoner, he said he had not attempted to shoot the doctor.
I went to 184, Waterloo Road; the prisoner had given me that address as his—I searched a room there, and found in the right hand cupboard, a box containing thirty-seven revolver cartridges 380 bore, and in a tin hat box I found six more loose cartridges, the same as those found in the revolver, which is a powerful one—there is no maker's name on it—I think it is a Belgian make; it will fire at full and half cock, and it would fire when the hammer is down, only that the under guard has been bent, which prevents the trigger coming back far enough—there is a graze on it, and two marks on the revolving chamber—I think the marks could be accounted for if it was thrown on to the pavement.
The prisoner's statement before the Magistrate. " I did not intend to shoot the doctor, and did not point the revolver at his head."
The prisoner received a good character. GUILTY . Twelve months' hard labour .
THIRD COURT.—Wednesday, June24th, 1903.
Before Mr. Common Serjeant.
MR. PARTRIDGE Prosecuted.
WILLIAM WILLIAMSON (Police-Sergeant. ) On June 9th, I, with other officers, followed the prisoner to various places, and then to 120, Cambridge Road, East—we arrived there at 1 a.m.—at 3 o'clock p.m. the prisoner came out—I stopped him, and said I was a police officer, and suspected him of possessing counterfeit coin—I searched him, and in his right-hand trousers pocket I found eight bad half-crowns wrapped in paper, separating each one from the other—we went back to 120, Cambridge Road—I sent for the landlady—in his presence I said to her, " Show me his room "—at first they tried to put me off, and took me to a room where five or six men were having something to eat, a room with no beds in it—I said, " I want his living room "—then I was taken to a small back room on' the first floor—it was locked—I asked for the keys—they were refused me—I then forced the door with my foot—another officer found things in his room which he will speak to—I charged him with having felonious possession of moulds for making bad money, also with having bad money in his possession—he made no reply—he understood what was said to him in English, and in English said he was hungry and wanted something to eat—he was taken to the police station, and charged—he made no reply.
HENRY FOWLER (Detective Sergeant. ) I went on June 9th and 10th with Sergeant Williamson and Detective Purkis to 120, Cambridge Road, E.—I forced open the door of the back room on the first floor—Sergeant Williamson said to the prisoner, " We are going to search this room "—between the bed and the mattress I found these pieces of white metal, and a number of bad half-crowns wrapped up in a rag, twenty of them dated 1896, eighteen dated 1900, and twenty-four dated 1879—in a box under the bed in some wet silver sand, I found six other bad half-crowns
of 1900, and one of 1896—there was a large fire in the room, with tin screens on either side of the fire above the hobs—the prisoner went to the right side of the fireplace and pulled down the screen, and took three moulds from the hob; two were for making half-crowns of 1896 and 1900, and one for shillings of 1896—I pulled down the screen on the other side, and from behind it I took three other moulds, one for making half-crowns of 1879, and two for shillings of 1896—there were also found this bottle containing cyanide of potassium, this bottle of vitriol, electric battery, plaster of Paris, two ladles with marks of white metal, two small files, and a tool for milling the coins.
ESTHER CROWBERG . I live at 120, Cambridge Road. Mile End—the prisoner worked for my husband as a tailor's presser—he had a back room in my house on the first floor for eight or nine months at 3s. 6d. a week—that was the room to which. I took the police.
WILLIAM JOHN WEBSTER . I am inspector of coin to His Majesty's Mint—I have been shown the moulds seized and the other things as well as seventy-seven half-crowns—they are all bad—some of the coins are finished and some unfinished—the half-crowns are unusually heavy—they were only 17 grains less weight than a good one—all the coins I have seen came from these moulds—the eight half-crowns found on the prisoner came from one of these moulds—the other things which I have seen are the regular stock in trade of a coiner of bad money.
AARON LICHTENSTEIN . I am one of the interpreters at Worship Street Police Court—I was there when" this case was before the Magistrate—previous to the prisoner being committed for trial the Magistrate gave him the usual caution, asking him if he wished to say anything to the charge, which I put to the prisoner in German—he replied, " All the evidence the. officer says is true."
The prisoner, in his defence, stated through the interpreter, that about eight or nine weeks ago a man asked him if he could allow him to do something in his room, so that he should not be observed, and afterwards disappeared, and had not been seen since, and that he knew nothing about the manufacture of the coins. GUILTY . A conviction of burglary preciously was proved against him. Four years' penal servitude. The police officers were highly commended by the Court and Jury.
MR. PARTRIDGE Prosecuted.
ALFRED RICHARD SHEPHERD . I keep the Neville Arms, Neville Road; Stoke Newington—I know the prisoner by sight—on April 25th she came in and asked for half a pint of mild ale, price one penny—she tendered a counterfeit shilling—I called her attention to it—she said, " It is all right, I have taken it from the baker's "—I tested it with acid in her presence and it turned black—I then broke it in half—one of the customers said, " Let's look at it, governor, " and while he was looking at it the woman disappeared—I then put the coin in the fire—I have no
doubt the prisoner is the same person—on several Saturday nights we had found bad money in the till after the prisoner had been there.
JOSEPH FITCH . I assist my daughter to manage the Shakespeare public house, Allen Road, Stoke Newington—on June 1st the prisoner came in at 9.30 and asked for some gin, price 2 ½d.—she tendered in payment a shilling—I felt it between my teeth and found it greasy, and broke it—I said, " This is a counterfeit shilling "—she said, " I have some good money about me "—I sent for the police.
SAMUEL KENDAL (Police Sergeant26 N. ) I was sent for to the Shakespeare and saw the prisoner—Sir. Fitch said he would give her into custody for passing a bad shilling—she said " I do not know where I got it from; I may have had it some time, or perhaps only a few minutes "—I took away her purse, which was in her hand, which contained 4s. 6d. in silver and six pennies—I took her to the station—she was charged with uttering a base and counterfeit shilling—she replied, " That is quite right"—this is it.
HENRY DAVIS (Detective Sergeant N. ) On the evening of June 1st I was at Stoke Newington Police Station, when the prisoner was brought in—she gave her address as 379, Seven Sisters Road, Tottenham, a tailor's shop, which I afterwards found to be 459—I went there and made enquiries of the landlord, went to the first floor back room and found a saucer which had contained plaster of Paris, and a bag of plaster of Paris—I asked her later how she could account for it, and she said it was used for stopping up mice holes in the cupboard—I examined the cupboard, but could find no holes.
SIMON SOLOMON . I am the landlord of 459, Seven Sisters Road, Tottenham—the prisoner occupied the first floor back room there—there is a cupboard in the room—I have not seen mice there—I keep a cat—I and the police sergeant examined the cupboard, but saw no signs of mice having been about, or any holes stopped up with plaster of Paris or with whiting.
By the COURT. While tenant of the room the prisoner did complain of mice.
WILLIAM JOHN WEBSTER . I am Inspector of coin to His Majesty's Mint—this shilling is bad; this stuff is a kind of whiting, or plaster of Paris—they are closely alike—plaster of Paris may be used for moulds, for making bad coins, or it may be used for a dozen innocent purposes.
GUILTY . She then pleaded guilty to a conviction on March24th. 1890, of a like offence in the name of Louisa Evans, and three other convictions were proved against her. Four years' penal servitude .
MR. PARTRIDGE Prosecuted.
JAMES O'LEARY (312 H. ) On May 25th I was in Ocean Street, East End—I saw the prisoner—he was very drunk and disorderly, and was using obscene language—I told him to go away—he would not, so I was obliged to take him into custody—Constable Worrall came up soon after
and helped me to take him to the station—he was very violent—he struggled violently in High Street, Stepney, and got his right hand free, and I heard the jink of money—that was about 400 yards from the station—I said to him, " I believe you have dropped some money "—he replied, " No, I have dropped no money; it will be all right if you let me go; you are all right for a tenner"—I said nothing—we got him to the station, where he was charged with being drunk and using obscene language—I then went back to the place where I had heard money dropped, and found ten counterfeit florins—eight were wrapped singly in tissue paper, and two were loose in the gutter—I went back to the police station with the coins—the prisoner was then charged with the possession of them, with intent to utter them—he made no answer.
ALBERT WORRALL (107 H. ) I was helping to escort the prisoner to the police station—he was very violent in High Street, Stepney, and wrenched his right hand from me, put it into his trousers pocket, and dropped something in the gutter which sounded like money.
WILLIAM JOHN WEBSTER . I am Inspector of coin to His Majesty's Mint—these ten coins are all counterfeit—nine are from one mould and one from another—they are not good imitations, they are roughly cast.
Prisoner's defence. " I went into a lavatory, and on the seat I saw a small packet which contained those coins, and put it in my pocket. I met some friends and had sundry drinks and forgot all about the packet. I do not remember seeing the policemen, I suppose I must have been drunk."
GUILTY . Two previous convictions were proved against him. Fifteen months' hard labour .
FOURTH COURT .—Wednesday, June 24th, 1903.
Before J. A. Rentoul, Esq., K.C.
MR. HUTTON andMr. Fordham Prosecuted; Mr. Rooth Defended. GUILTY. Judgment respited and point reserved for the consideration of the Court for Crown Cases Reserved .
MR. OLIVER Prosecuted.
WILLIAM FISHER . I am a coachman, of 29, Bretton Street, Chelsea—I was employed at Epsom for the Epsom Race Meeting—between 8 and 9 p.m., on May 29th, the Oaks day, I got into a third class compartment on the L. \amp\ S.W. Railway at Epsom—there were two men in the carriage when I entered, and then six of one gang got in after me—the prisoners
were two of the gang—one of the others asked me to play at cards—I refused, and sat in the corner and went to sleep—I was awakened by Taylor striking me blow after blow in my face, and Williams had got his hands in my trousers pocket—I opened the carriage door and jumped out on to the line, and the train suddenly slowed up—I was picked up by a railway policeman, who put me into another compartment, and I went on to Waterloo—I was then taken to the railway office and identified the two prisoners—I was perfectly sober—13s. was taken from my pocket.
Cross-examined by Taylor. I am not a teetotaler, but I had not had any drink that day—I was engaged at the refreshment bar—I did not say at the police court that a lady helped me into the next compartment—your blows made me bleed from my nose and mouth.
Cross-examined by Williams. I was not asked at the police court whether there was any blood on Taylor's hands—there were no porters in the carriage.
WILLIAM CHARLES CARTER (Police Sergeant L.\amp\S.W. Railway Company. ) I was on duty on the evening of May 29th, travelling by a special train leaving Epsom at 8.55 p.m.—after the train had stopped at Wimbledon and gone on a little further I heard shouts of " Murder "—I looked out at the window and saw the prosecutor jump from the train on to the embankment at the side of the line—I jumped out to his assistance—he was as white as death; his trousers pockets were turned inside out, and he was bleeding from his cheek, nose, and mouth—I asked him what had happened, and in consequence of what he told me I went with him to a third class compartment—there were eight men in it, the prisoners being two—he said, " Those two men, " pointing to the prisoners, " have knocked me about and robbed me "—I said to them, " You hear what this gentleman says "—they made no reply—one of the other men said, " He is a liar, " but who it was I cannot say—I put the prosecutor into another compartment, and locked the prisoners' compartment so that they could not leave the train—I afterwards telephoned to Waterloo to have special police in hand on the arrival of the train in case of any trouble—at Waterloo I handed the prisoners over to the police there, and they were taken to the police station and charged—the prosecutor was quite sober—he was trembling like a leaf and looked as if he had been very much knocked about.
Cross-examined by Taylor. The train travelled about 25 yards from the time the prosecutor jumped out until it stopped—it was stopped by a gentleman pulling the communication cord—I did not see any blood upon you.
Cross-examined by Williams. I was seven compartments away from you—it was dark, but I could see the prosecutor jump—the carriage door was not shut between the prisoner jumping out and my speaking to you.
Re-examined. Supposing there had been blood on the prisoners' hands, they, had plenty of time to clean them by the time they got to Waterloo.
BALDWIN DANES (14 L. ) At 10.15 p.m. on May 29th I was called to Waterloo Station, where I saw the two prisoners detained—they were charged by the prosecutor in my presence with robbery and assault—they made no reply—I took them to the station, where they were searched
—on Taylor was found two shillings and a penny—on Williams was found two half-crowns, a florin, a shilling, and twopence—Williams went quietly to the station, but Taylor gave a lot of trouble.
The Prisoners' statements before the Magistrate. Taylor says, " I know nothing about it; I was in drink when I got into the railway carriage, and I dropped off to sleep; after a few miles I heard them shouting to get the man in." Williams says, " I will say mine before the Jury."
GUILTY . They then pleaded guilty to previous convictions; Taylor at Salford on November 26th, 1900. Fifteen other convictions were proved against him; and Williams at Lewes on July 2nd, 1902, in the name of John Kely, and four other convictions were proved against him. Five years' penal servitude each .
OLD COURT.—Thursday, June 25th, 1903.
Before Mr. Justice Darling.
For the case of John Guion, tried this day, see Essex Cases.
NEW COURT.—Thursday and Friday, June 25th and 26th; and OLD. COURT.—Saturday, June 27th. .
Before Mr. Recorder.
541. MAX LEWIS(39) and HYMAN LEVY(58) , Abduction of Bessie Yamowitch, aged 15 years; Second count, against Lewis for carnally knowing her; Third count, against Levy for suffering her to be upon his premises for the purpose of being carnally known; Fourthand Fifth counts, against both prisoners for taking her out of her father's possession that she should be carnally known by Lewis and others; Sixth, Seventh, and Eighth counts, that she should be carnally known by one Benson and others, she not being of immoral character; Ninth count, for an assault upon Morris Yamowitch .
MR. GUY STEPHENSON Prosecuted; Mr. Abinger appeared for Lewis, andMr. Green for Levy.
GUILTY on all the counts except the first three . The Jury recommended Levy to mercy, as he acted under Lewis, but six convictions were proved against him. Eighteen months' hard labour . LEWIS, who had been four times convicted, Two years' hard labour .
THIRD COURT.—Thursday, June 25th, 1903.
Before Mr. Common Serjeant.
Forging and uttering a warrant for the delivery of a book of cheques with intent to defraud. MCINTYREand LAND PLEADED GUILTY .
WILLIAM BURCH (Detective Sergeant. ) On May 7th I went with Sergeant Ferrett to 1, Lonsdale Mansions, Clapham—we got into the flat with the caretaker's assistance—no one was there when we entered—there were four rooms, a bath room, and scullery—the front room was a sitting room—upon a table in the centre of the room I found Exhibits H and I together with the two envelopes produced—I also found seven sheets of paper with a printed heading of " 17, Ennismore Gardens, S.W., " and Exhibits L and M.—L is a tracing of a cheque for ₤5 drawn upon the London Joint Stock Bank, 69, Pall Mall, by John Stirling, payable to Mrs. Eleanor Young, dated December 8th, 1902—we then left the place and remained outside watching—at a quarter to five I saw Rutter open the door with a key and enter; I knocked and he opened the door; I said, " We are police officers, and are going to take you into custody for conspiring with others in custody for attempting to obtain a cheque book and ₤573 by a forged order "—he said, " I know nothing about it"—I showed him the papers I had found on the table and said, "These were found on your table, and, " referring to McIntyre, "your wife is one of the persons detained "—he said, " I am not on good terms with her, and do not know what she does; you know my game, I have given up this long ago, I have been racing at Chelmsford to-day "—I took him to Vine Street Police Station, where he was detained, and he was charged on the 8th.
Cross-examined by MR. THOMPSON. I was not watching Lonsdale Mansions on the previous day, May 6th—I do not know as a fact that Rutter went to Chelmsford races on the 7th—I know he is a racing man—I have no knowledge of his domestic life, as to whether he is on good terms with his wife—he denied the charge as soon as I made it against him.
Cross-examined by MR. STEWART. I did not go to 35, Kellino Street, where Mrs. Elliott was living.
JOHN STIRLING . I live at 17, Ennismore Gardens, S.W.—I also have a house in Rossshire, Scotland—I own iron mines and collieries in Cumberland—I wrote Exhibit I—it is a letter I wrote in answer to one I received from a Mrs. Eleanor Young of 35, Kellino Street—I enclosed in it a cheque for ₤5—Exhibit L is a copy of the cheque—I also wrote Exhibit H—it is in answer to an enquiry by Mrs. Margaret Douglas, of 3, Palace Street, about James Watson, a footman—I never had a footman in my employ of that name—the printed heading of the note paper has been cut off—Exhibit G is not in my writing—it purports to be an order by me on the Pall Mall branch of the London Joint Stock Bank for the supply to bearer of a small book of cheques—the stationery resembles mine—the signature "John Stirling" is not mine, but it is a good imitation—Exhibit M is not written by me—the signature is a good imitation of mine.
By the COURT. I bank at the Pall Mall branch of the London Joint Stock Bank.
DOUGLAS CROFTS . I am a member of the firm of Crofts and Co., Estate Agents, of the Broadway, Tooting—I know Williams and Elliott by the name of Mr. and Mrs. Armstrong—they were tenants of 35, Kellino Street from 1901 till April, 1903—we act for the landlord of that address—I do not know anyone of the name of Mrs. Eleanor Young at that address.
Cross-examined by ME.STEWART. Williams and Elliott did not occupy the whole of the house; there were four or five other tenants during the time that Williams and Elliott were there, one succeeding another.
Re-examined. There were only two tenants in the house at a time.
FRANK WALTERS (321 D. ) On May 6th, about 4 p.m., I went on instructions to Mrs. Pipe's registry office, 50, Edgware Road—I saw McIntyre leave; I followed her down the Edgware Road into Hyde Park, where she took out a white pocket handkerchief and fluttered it, and then Elliott came up to her—they entered into conversation and shortly afterwards left the Park—they went by busto Trafalgar Square and then down Villiers Street to the Victoria Embankment Gardens, where they were joined by the prisoners Land and Williams—they conversed for about five minutes, and then all four left the Gardens together and went into Gatti's Restaurant in Villiers Street—they all came out together, and then Land left the other three and went towards the Strand—I followed Williams, McIntyre, and Elliott across the railway bridge to the Waterloo Road—they then got upon a tram car to Clapham—I followed—at Clapham Common McIntyre got off—I followed her—she went down Bromell's Road, and I saw her enter No. 1; Lonsdale Mansions—I remained there all night—the next morning I was joined by Sergeants Cunningham and Ferrett—at 8 o'clock I saw Rutter leave, and he returned in about ten minutes—at 8.30 Rutter and McIntyre left together and went together as far as the Plough—they walked side by side and were talking—at the Plough, Rutter shook hands with McIntyre and went in the direction of Clapham Common—McIntyre boarded a tram car going Citywards—we followed her—she got off at Westminster Bridge and took an omnibus to Trafalgar Square—she then walked up Green Street to Leicester Square—she was there joined in the street by Land and Williams—they entered into conversation, and then went into the Garrick public house, where they stayed about ten minutes—I saw them leave and they walked through Bury Street to Pall Mall, where they were joined by Elliott—they all talked together for about ten minutes, and then McIntyre left them and went over and stood outside 21, Cockspur Street—the others then walked away in different directions, each followed by an officer—I followed Williams—he stood facing 21, Cockspur Street on the opposite side of the way—I went up to him and told him I was a police officer and should take him into custody on suspicion of being concerned in a forgery—he said, "What, me! "—I said, "Yes"—he said, "Where are the others? "—I said, " Your friends will join you at Vine Street Police station shortly "—he then said, " The job is up; can I have a drink? "
Cross-examined by MR. THOMPSON. Rutter was not followed when he of McIntyre at the Plough public house—I do not know why.
Cross-examined by MR. JOHNSON. Williams was by himself when I arrested him—I am sure he said, " The job is up."
Cross-examined by MR. STEWART. May 6th was a fine day—McIntyre and Elliott were about 100 yards apart when McIntyre fluttered the handkerchief—Elliott and Williams remained on the tram at Clapham when McIntyre got off.
JAMES CUNNINGHAM (Detective Sergeant. ) On the morning of May 7th I was with Walters and Sergeant Ferrett outside Lonsdale Mansions—about 7.10 I saw McIntyre come to the front room window and pull up the blinds—I also saw Rutter come to the same window—I was present when Rutter and McIntyre left together, and I followed them with Walters and Ferrett to the Plough—Rutter then left McIntyre and went towards Clapham Common—McIntyre got on to a Westminster Bridge tram and we followed her—at Westminster Bridge she got off the tram and got on to an omnibus to Trafalgar Square—I saw her joined by Land and Williams in Green Street and saw the three go into the Garrick public house—they came out and walked to the corner of Trafalgar Square and Pall Mall East, where they were joined by Elliott after waiting three or four minutes—Elliott came from the direction of Charing Cross—they remained in conversation for five or ten minutes—McIntyre then walked down the Square to 21, Cockspur Street, and the others walked along Pall Mall towards the Haymarket—I followed McIntyre, and when she got to 21, Cockspur Street she stood immediately outside the private door which led to offices above the shop—she remained there about ten minutes before I spoke to her—she was carrying a hand bag—I then took her into custody—at the station I looked into the bag in the presence of Sergeant Ferrett, and found Exhibit G enclosed in an envelope addressed to the London Joint Stock Bank, 69, Pall Mall—the envelope was not fastened down—I was present when Williams and Elliott were brought to the station—I asked them separately for their addresses—Williams said, " I have no fixed abode, " but Elliott refused her address—I was not present when they were charged.
Cross-examined by MR. THOMPSON. I first came to be connected with this particular charge on the 7th, but I was keeping observation previously in connection with another matter—I saw Rutter enter No. 1, Lonsdale Mansions on the 6th about 9.30, and saw him go out again about 10 o'clock—he then wont into the Plough—I did not see him with any of the other prisoners on the 6th—I did not say before the Magistrate that I saw Rutter come to the window on the morning of the 7th, nor did I say that I had seen him on the 6th—I had certain reasons for not following Rutter on the 7th when he left McIntyre at the Plough.
Cross-examined by MR. STEWART. I do not know if Elliott gave her address to any other police officer—she refused it to me.
Re-examined. The reason I did not follow Rutter was because he knew me—he has seen me at race meetings.
—I then followed Land and Elliott—they went round Suffolk Street and Suffolk Place to the Haymarket, and eventually into a public house, where they remained some few minutes, and then went into Cockspur Street—I arrested them subsequently—Elliott was charged with conspiring to draw a forged order for a cheque book on the London Joint Stock Bank—she-made no reply.
Cross-examined by MR. THOMPSON. I started watching 1, Lonsdale Mansions soon after 6 o'clock on the morning of the 7th—the first thing I noticed was Rutter leaving at about ten minutes to 8.
Cross-examined by ME. STEWART. Elliott gave me her address at Merton.
BLANCHE WHITEHEAD . I am manageress of Mrs. Pipe's Servants' Registry in Edgware Road—I remember seeing McIntyre there in May this year—she said she wanted a maid attendant to help attend upon an old lady named Talbot, who was staying at the Carlton Hotel—she gave her name as Harrison—I made a communication to my employer.
ADA JUSON . I am a domestic servant living at Rickmansworth—on May 6th I was at Mrs. Pipe's Registry Office seeking a situation—I saw McIntyre there—she told me she wanted a maid for a Mrs. Stirling—I asked her what kind of a situation it was—she described it to me and said that they were wealthy colliery owners in Cumberland—she told me she could not fully engage me then but I should have to see Mrs. Stirling's daughter, and I was to meet her at 21, Cockspur Street at ten o'clock the next morning and then she would take me to the Carlton Hotel—she then went away—in the mean time I heard something and did not go the next day—she left me at about 4.30 or 5.
ALFRED READ . I took the plea of the prisoner Williams to an indictment for conspiracy this morning—he pleaded guiltyto the ninth Count in the indictment, which is a charge of conspiring with Mary McIntyre to forge a request for the delivery of goods.
WILLIAM WILLIAMSON (Police, Sergeant. ) In 1891 I know that Rutter was living at Balham—I knew the house he occupied—I have seen Williams and Elliott leave the same house, and from what I saw of them I think they were all three occupying the same house—I do not know who the tenant was.
GUILTY . Two previous convictions were proved against RUTTER, five againstMcINTYRE, four against WILLIAMS, and three against LAND. RUTTER Five years' penal servitude . McINTYRE Seven years' penal servitude . ELLIOTT Twelve months' hard labour . WILLIAMS Eight years' penal servitude . LAND Three years' penal servitude .
OLD COURT.—Friday, June 26th, 1903.
Before Mr. Justice Darling.
543. SOLOMON SOLOMONS(36), DANIEL CURTIS(22), and ALFRED GOULD(23), PLEADED GUILTY to conspiring to utter certain watch chains and rings purporting to be gold ones, and bearing marks purporting to be those of the Goldsmiths'Company, with intent to defraud. Alsoto defrauding Ada Hewitt of ₤5 and 100 cigars by false ways and means. Alsoto obtaining from the same person ₤5 and 100 cigars by false pretences with intent to defraud. Alsoto conspiring to obtain from George Stanford ₤8, from George Thomas ₤3, and to unlawfully conspiring to utter wares of base metal with intent to defraud. Alsoto being in possession of certain base metal wares having thereon marks of forged and counterfeit dies, well knowing them to be forged and counterfeit. Solomons† having been convicted of felony at Peterborough on October 22nd, 1896; Curtis at Clerkenwell on November 16th, 1896; and Gould at the Mansion House on May 28th, 1900. Three previous convictions were proved against SOLOMONS and four against CURTIS. Three years' penal servitude each . GOULD Six months' hard labour. Mr. Justice Darling said that in his opinion the other men concerned in the forgeries should, if possible, be prosecuted.
THIRD COURT.—Friday, 26th June, 1903.
Before Mr. Common Serjeant.
NOT GUILTY .
MR. J. D. WHITE Prosecuted.
GEORGE LEAH . I am a musical instrument maker at Earl's Court—I met the prisoner in a public house in the City when I was muddled with drink—this silver chain and the pendant belong to me—they are worth from ₤1 to 30s.—I have had them a long time—I had a watch and 30s. and 10d. loose in my pocket—I came face to face with him, asked him to have a drink, and treated him—he took hold of me and said, " It will be better for you to come home with me to my wife and have a wash and brush up, and that will make you feel more fresh "—we both went out of the public house—he got hold of my arm and we walked up and down streets—he wanted a shilling—I would not give him one—he commenced working on my pockets—I felt a push, and fell—I felt his hand in my left waistcoat pocket—he dived to the bottom—I heard a policeman's whistle—he released me and a gentleman went with him—I was taken to the police station, where I next saw my chain and pendant—I did not owe him 4s.—he was a total stranger.
Cross-examined by the prisoner. I did not tap you on the shoulder at Aldgate Station—I had not been in other public houses with you—you did not offer me a bed—I did not sit down on a doorstep, nor go down some steps to make water after taking two lemonades—I do not remember a policeman wishing us good night.
CHARLES GARDNER (874 City. ) I saw the prisoner and Leah in Seething Lane, walking arm in arm—I watched them—they retraced their steps to St. Katherine's Court—the prisoner said "Good night "—I followed them
to Trinity Square, still arm in arm, and through Savage Gardens—I saw the prisoner snatch Leah's chain—when I came up they were struggling together—they fell, the prisoner on the top holding Leah's left arm, and thrusting his hand into his left waistcoat pocket—when he saw me he ran off—finding I was losing ground I blew my whistle, and followed him into Leadenhall Street—I did not lose sight of him—I spoke to another officer—I told the prisoner I should take him to the station—he said, " You have made a mistake "—on the way to the station he said, " I will explain it to you—the prosecutor is a friend of mine, he owes me 4s., and as I knew he had 30s. in his pocket I tappedhim for it"—I took him to the station—I went back to Savage Gardens and found this albert pendant hanging on the chain six or seven yards from where the struggle was—when charged at the station the prisoner said, " I am not guilty"—he was sober—the prosecutor was drunk..
Cross-examined. I did not see any ladies—you said " Good night"—I did not answer—there were many people in Trinity Square, so you went on further—I saw a clergyman there—I watched you from St. Katherine's Court—you held the prosecutor with your left arm.
ALFRED KENDALL . I live at 199, Wells Street, South Hackney—I am a shop boy—I picked up this silver chain on the Saturday evening before the holidays, soon after 9 p.m., in Fenchurch Street, near Aldgate—I had seen the prisoner run into Leadenhall Street.
Cross-examined. I saw a lot of people running after you.
The prisoner's statement before the Magistrate. " The man forced himself on to me, and asked me to drink."
The prisoner, in his defence on oath, repeated this statement, and added that the prosecutor tapped him on the shoulder and asked him to drink, but that he never took his watch and chain, and that he could not have held him by his left arm because it had not the strength of that of a child of eleven. GUILTY of robbery. He then pleaded guilty to a conviction of felony at Wells, Somerset, on June 8th, 1897. Nine months' hard labour .
FOURTH COURT.—Friday, June26; and THIRD COURT.—Saturday, June27th, 1903.
Before J. A. Rentoul, Esq., K.C.
MR. PROBYNand MR. MAHAFFEY Prosecuted. (The evidence was interpreted to the prisoner. )
SIMON WEINBERGER . I live at 28, Gower Place—on May 27th, between 5 and 6 p.m., I was in the Vienna Cafe in New Oxford Street—I left this brown overcoat (Produced) on the second floor—I missed it about three-quarters of an hour after I left—the prisoner was with me at the Cafe—he is engaged there—I left the table before he did—I saw him the next day about six o'clock—I said to him, " You have taken my coat"—he said " What do you mean? I have not got the coat"—I said the
matter ought to be settled before the police, and I gave him in charge—when he was at the police station he said to me privately that he would do his best to get the coat, and if he could not he would get me another—I afterwards identified my coat at a pawn shop—it is worth ₤2 5s,
Cross-examined by the 'prisoner. Having now got back the pawn-ticket I am satisfied.
CONRAD LAHNER . I am a waiter, of Charlotte Street, Fitzroy Square, and am engaged at the Vienna Cafe—on May 27th I saw the prisoner there about 6.15 going down the stairs; I saw something brown under his coat—he had been a customer there for a few months.
THOMAS KING (Detective D. ) On May 28th, about 6 p.m., I saw the prisoner detained at Tottenham Court Road Police Station—he was charged with stealing an overcoat belonging to Weinberger—in reply he said, " I did not steal the coat, " but a few minutes after he said to Weinberger in German, " Do not go on with this and I will get you your coat back "—I then went to No. 5, Rutland Street, and there saw this pawn ticket—the next morning I showed it to the prisoner at Bow Street, and he said, " That is the ticket for the overcoat belonging to my accuser "—at Bow Street the prisoner asked to go to the lavatory—I took him there, and as he did not come back for some little time I went in after him and found he had disappeared—he had got out through a skylight by getting on to a partition and by then climbing up a pipe—on Sunday, May 31st, about 2 o'clock I was in Great Portland Street, and I saw him—he was looking in at the window of a cook shop—I seized him, and asked him why he went—he said, " I found you brought so many charges against me I thought I had better clear out on the first chance I had "—he was wearing different clothes and had his moustache cut short.
Cross-examined. You went quietly to the station when I re-arrested you.
JOSEPH LOUCH . I am assistant to Mr. Needes, pawnbroker, of 141, Euston Road—this coat was pawned with us on the evening of May 27th, for 12s., in the name of Wm. Smith, 31, Gower Street—I do not know who by. GUILTY. Judgment respited .
MR. LUSHINGTON Prosecuted, and Mr. Williams Defended.
THOMAS ADAM CLAYTON . I am a director of the Clayton Fire Extinguishing and Ventilating Company, 22, Craven Street, Strand—the prisoner was a clerk in our employ—we keep an account at the High Street, Kensington, Branch of the London and County Bank—this bill (Produced) purports to be drawn by Leslie Carter and accepted by T. A. Clayton, of 22, Craven Street, Strand, on the London and County Bank, High Street, Kensington—the " T. A. Clayton " is not my writing, nor was the acceptance placed there by my authority—it is a very fair imitation of my signature.
Cross-examined. The prisoner was only in the company's employ
two months—I live in Paris, I am not often at the office—all my letters are addressed to the secretary, and would be opened by him.
SAMUEL ALFRED MOORE . I am manager of the London and County Bank, High Street, Kensington—Thomas Adam Clayton keeps an account there—this bill was brought there on April 22nd by a messenger boy—it purports to be accepted by Mr. Clayton—I know his signature well, and thought it was his—it is a good imitation—I put twelve ₤5 notes into an envelope, addressed it to Mr. Clayton, and gave it to the boy.
Cross-examined. We do not trouble about the body of the bill, only the acceptance—the boy came about 10 o'clock.
WILLIAM PHILLIPS . I am manager of the High Street, Kensington, branch of the District Messenger Company—on April 22nd the prisoner came there and gave in a letter to be sent to the London and County Bank—he asked how long the boy would be; I told him about a quarter of an hour—he said he would call back in that time—the letter was taken to the bank by boy No. 1, 283, and he brought back an envelope addressed to T. A. Clayton—the prisoner did not call for the letter—the next morning a Post Office express messenger brought me a letter, signed Leslie Carter, about 11 o'clock, asking that the envelope should be given to the bearer—I did not deliver it, as it was addressed to T. A. Clayton—it was kept in the office till the 25th, when I handed it to the general manager.
Cross-examined. I cannot swear that the prisoner is the man who came to the office, but to the best of my belief he is—it was sixteen days afterwards that I was asked to identify him—he came somewhere between ten and eleven, to the best of my recollection—he was only in the office two or three minutes—there was nothing about him to attract my attention—I did not notice what clothes he was wearing—it is only a few minutes' walk from our office to the bank.
JOHN BURNIE EVANS . I am engineer to the Clayton Fire Extinguishing and Ventilating Company—the prisoner was a clerk in their service from last December to the end of February—he was to leave on the 28th, but he left of his own accord on the 20th—he had an opportunity of seeing Mr. Clayton's letters, and would know his writing—I know the prisoner's writing—in my opinion the body of this bill is in his writing, also this letter signed "Leslie Carter, " and the endorsement on the bill—the acceptance is a fair imitation of Mr. Clayton's writing.
Cross-examined. I have had good opportunity of seeing the prisoner write—I first heard of this matter when I was in Paris, about April 30th—I was first shown this bill in the solicitor's office—the solicitor asked me who I thought wrote it, and I said Richards—I was first shown the letter signed " Leslie Carter " at West Kensington Police Court, and came to the conclusion then that it was written by Richards—I was always on perfectly good terms with him—there was some question about the petty cash, which he used to keep, in which my name was indirectly brought in—an I.O.U. of mine was found in the petty cash, but that was perfectly regular—for my business I used to have money from the petty cash in exchange for I.O.U.s—I did not bear him any ill-feeling because of that incident.
JOHN PALFREY (Detective Sergeant. ) On May 16th I went with Sergeant Ward to the Balham Theatre of Varieties—I saw the prisoner in the audience—I asked him if I could have a moment's conversation with him; he said, " Certainly "—I then told him that we were police officers, and should arrest him for forging and endorsing on April 22nd a bill acceptance for ₤60 on the High Street, Kensington, Branch of the London and County Bank—he replied, " I do not quite understand "—I then explained it to him, and showed him the bill and the letter, and cautioned him—he said, " I admit forging the bill and endorsing it and writing the letter; I went to the messengers' office and to the post office "—when charged he made no reply—Sergeant Ward was with me the whole time—the prisoner was searched, and four cheques were found upon him, one for ₤10 on Lloyd's Bank, and the other three on the Civil Service Bank, Charing Cross Road, in favour of himself.
Cross-examined. I made my note about two hours after the prisoner made the statement—I explained the charge to him in the railway carriage, and he made his statement there—I did not tell him that he would be brought up at the police court the following Monday, and if he did not plead " not guilty" Mr. Clayton would not appear against him, and he would be discharged and be able to go home without anybody knowing about it.
Re-examined. His statement was not extorted from him in any way whatever.
The prisoner, in his defence on oath, said that on April 22nd he left his house about a quarter to ten; that he called upon a Miss Hinton at ten o'clock; that they left her house together about10.10, and went to52, Harley Street, to see Dr. Silcock about his eyes; that he got there about twenty minutes past eleven, and was with him for about an hour and a half; that he was not near Kensington that morning; that he did not go to the District Messengers' Office in High Street; they he did not deal in any way with the bill in question on that or any other day; they he never saw it till the police sergeant showed it to him; that he did not write the letter signed" Leslie Carter, " and did not see it till the sergeant showed it him that the sergeant told him that Mr. Clayton was prosecuting, but would withdraw the charge if he admitted his guilt; and that he never made the statement alleged by the sergeant.
Evidence for the Defence.
MABEL RICHARDS . I am the prisoner's sister, and live with my father and mother—on April 22nd my brother left home about 9.30—I remember that day because he went to the chemist for my mother before leaving—I remember the following day also—he had breakfast that morning at about 9.30.
Cross-examined. I am speaking from recollection—we have breakfast every morning at about 9.30.
MRS. HINTON. I live at 36, Dorothy Road, Lavender Hill—I remember the prisoner calling round on April 22nd between 9.45 and 10 o'clock—my daughter went with him to the doctor's—they left a few minutes after 10, and returned at 4.30.
Cross-examined. Richards very often calls round at my house.
MISS HINTON. I am a daughter of the last witness, and live with her at 36, Dorothy Road—on April 22nd the prisoner came about ten o'clock—we left the house a few minutes after ten, and I went with him to Harley. Street—he went there to see a doctor about his eyes—he was with the doctor about an hour to an hour and a half.
Cross-examined. I remember the 22nd April particularly, because I had been out with him for the whole day—I was in the bar of the Balham Theatre of Varieties when he was arrested—I did not give evidence at the police Court.
GUILTY . Six months' hard labour .
JOSEPH SMITH . I am a plumber and gas-fitter, of 77, Christian Street, East—I was Secretary to the Commercial Loan and Investment Society—it was carried on at 105, Commercial Road, the prisoner's address—it was not a registered society—the prisoner was the president and treasurer—each member subscribed sixpence per share per week, and the amounts were entered every week in the ledger—the takings were checked every week by another official, called the check secretary, and then handed over to the prisoner—he gave receipts for the money he received—November 29th was the last date when any money was paid in—the system was to make loans to the members and to distribute the balance at Christmas—the books were kept at the prisoner's house—on November 29th the prisoner said that the distribution would take place in a fortnight—during the ensuing week I went through the books and found that the balance for distribution, after deducting the loans, was ₤240—on December 13th, the day for the distribution, I saw the prisoner between 10 and 11 a.m.—I cannot recollect whether he said anything about the distribution then, but he told me that he had a cheque for ₤20 that he wanted to change—I saw him the same evening about six o'clock—I then went away, and returned in about half an hour—by that time several other members came in—I did not see the prisoner then—we waited till about nine o'clock, but did not see him—I did not see him again till he was in custody, five months afterwards—on Sunday, December 14th, I went again to his address and saw Mrs. Weinstein—I looked for the books, but could not find the ledger or the treasurer's book; I have never seen them since—I found these two receipts (Produced)—about four weeks afterwards Mrs. Weinstein made some payments to the members.
Cross-examined. The society has been in existence seven or eight years—I joined it in January, 1902—I was paid 1 ½d. per share per quarter as secretary—the check secretary was paid 1d. per share—the prisoner was not paid anything; we knew he had some property, and he was elected treasurer because we trusted him—the society borrowed money from him if there was not money enough in the till to meet a loan—on
December 13th he told me he was a little short of money, but he said if he could change a cheque for ₤20 he should have enough—after he went away I went to see Mrs. Weinstein, and she told me she had received a letter from her husband telling her to sell some of his property and pay the members—I think the members have all been paid now—there was no fixed day for sharing out—as long as he paid it out at the right time we did not mind.
EDMUND JOHN EAGLE . I am a cashier at the Mile End Branch of the London and South Western Bank—I know the prisoner—I produce a certified copy of his account with the bank—on December 11th a cheque for ₤78 was drawn by him on that account, reducing the amount standing his credit to some ₤20—the account has not been operated upon since.
Cross-examined. I paid the ₤78 to the prisoner myself—I cannot say if he drew his cheques to a number—I could tell from the pass book, but that is not in the possession of the bank.
WALTER PERRY (631 N.) On May 21st I was in plain clothes off duty in Suance Road—I saw the prisoner and recognised him—I asked him if his name was Michael Weinstein, and he said, " Yes "—I told him I was a police officer, and that he was wanted on a warrant at Leman Street Police Station for stealing ₤355 8s.—he replied, " Yes, that is right; I have paid some of it back"—I took him to Chingford Police Station, where he was detained.
FRANK GIRDLER (Detective Sergeant H. ) On May 22nd I saw the prisoner at Chingford Police Station—I had a warrant in my possession for his arrest—it was issued on January 5th, 1903—I read it to him—he replied, " All right, Sir "—on the way to Leman Street Police Station he said, " I have been to several places to try and get the money, and it is only ₤150; I have told my wife to sell up and pay the money out; I admit I did wrong in going away; they pressed me for the money; I hope it will not come on in front of Mr. Dickenson "—when he was formally charged he made no reply—I searched him and found this counterfoil of a passenger's ticket to England by the " Arundel, " sailing from South Africa on March 30th, 1903.
The prisoner, in his defence on oath, said that he mixed the moneys he received with his own; that he lent members of the society sums out of his own pocket; that he kept no accounts, as he could only write his signature, and therefore took the secretary's word for what was received and paid; that he used money for his wife in her illness; that he went away because he had not the₤240 at his bank to pay to the members, and he was ashamed to meet them, and hoped to earn money at Cape Town, but was disappointed; that his houses had been sold; and that he returned to this country on receiving the letter from his solicitor stating that the money had been repaid.
Cross-examined. I paid six or seven; his wife paid about a dozen—there were about fifty members—some had withdrawn during the year—all those I have asked, say that they have been paid—that was from January 5th to the end of February.
GUILTY . Strongly recommended to mercy by the jury on the ground of the loose way the business was conducted, and as the money had been refunded. To enter into recognisances .
ROSE BAXTER . I am single, and live at 6, Triangle Road, Hackney—I have known the prisoner about two years, since he has been courting me—on June 1st I met him at 8 p.m.—we went to the Empire Theatre together—we had a bit of a quarrel—I said, " Don't jawme "—we came out of the theatre and went down West Street-he said I had been with chapsthat day—I looked through the door of the Havelock public house and saw my mother at 11.35 p.m.—I went back to the prisoner and he said, " Come home the fields way, and I will go to your door with you "—we were talking about a wedding, and he struck me with a knife on my arm and in my side—when he saw a man coming he screamed for help—I was taken to Mr. Thomas's house, then to a surgery in Hackney, and then to the police station; then I went home, and then to the hospital, where I stayed till the next morning.
Cross-examined by the prisoner. You asked if I had been drinking, I said I had not, and I had not—you never asked who paid for the ale—I was only drinking with girls—I had only about one drink.
Re-examined. We were both sober.
CHARLES THOMAS . I am a French polisher, of 17, Exmouth Place, Mare Street, Hackney—on Whit Monday evening, between 11.30 and 12, I was standing at my door—I heard a scream—I rushed to see what was the matter—I saw the young woman standing with blood on her face, and the prisoner about a yard away—she said, " Take me and bathe my face "—the prisoner, who holloaed out for help, said that three men rushed and knocked him down and stabbed the girl—I took her to the door and sat her on a chair—I held her; she could hardly walk—I did not notice any screams besides the girl's—I bathed her face with water—the prisoner went away and returned, saying he had been to three doctors, and that neither would come—two or three of us there sent for the police.
FRANCIS SMITH (281 J. ) I was called by George Baxter, the girl's father, about 11.40 p.m. on Whit Monday night, to Exmouth Street—she was sitting outside, covered with blood—I went for Dr. Wilson, 184, Mare Street—he came and requested her to come to the surgery, where he. dressed her wounds—I took the prisoner into custody—he made no reply to the actual charge.
Cross-examined. The girl was not in drink—you did not say she was—you did not say anything going to the station.
Re-examined. Both the prisoner and the prosecutrix were sober.
WILLIAM BAXTER . I am a shoe maker of 23, Warburton Square, Hackney—I am the prosecutrix's uncle—I found this knife in Exmouth Place about 4 a.m. on Whit Tuesday morning, about ten yards from Thomas's house and twenty-five to thirty yards from the passage—I took it to the
police station—I also found this handkerchief stained with blood, about fifty yards off—traces of blood were also on the knife.
SAMUEL WILSON . I am a medical practitioner of 184, Mare Street, Hackney—about 11.45 p.m. on Whit Monday I saw the prosecutrix at 17, Exmouth Place—she was suffering from eight wounds, one 1 ½ inch long on the bridge of her nose and about iinch wide, another on her cheek nearly an inch long, and two short wounds of ½inch; two on her right side, one entered her breast—they were clean cut wounds, which might have been caused by this knife or some sharp instrument—the deepest wound was ½ inch—they were serious, but not dangerous to life—considerable force must have been used—they were inflicted by another person, the two in the side from behind, assuming they were done by the right hand.
COURTNEY MEDVILLE . I am house surgeon at the Metropolitan Hospital, Kingsland Road—the prosecutrix was brought in after 2 a.m. on June 2nd—I agree with the last witness as to the character of the wounds, but there was another wound which had not been seen, on the upper part of the arm, and that was bleeding—I did what was necessary.
ALFRED GUNS (Inspector J. ) I was in the charge room when the prisoner and the prosecutrix were brought in—the girl said they were sweethearts, and walking across the London Fields, and passing a house where there had been a wedding, the conversation turned upon weddings, during which the prisoner pulled out a knife and stabbed her several times; that a gentleman came up and assisted her to a chair, and that after stabbing her the prisoner threw the knife away—the prisoner was anxious to make a statement—I told him anything that he said would be written down, but he might say what he liked—I took down what he said, that they were coming across the fields, that the girl took the right road, when a chaprushed out and knocked him, and she called out, " Oh, Albert, help me"; that a gentleman assisted her, and he went for a doctor—he said nothing in answer to the charge—both were sober—I afterwards passed over the ground—there was a pool of blood, and for forty paces to Exmouth Place there were traces of blood—a projecting pillar would obstruct Thomas's view of the. spot.
The prisoner, on his defence, stated that he went for doctors and got her brandy, but that he was not guiltyof stabbing the prosecutrix, and had no knife. GUILTY. Eighteen months' hard labour .
550. GEORGE SMITH(38) PLEADED GUILTY to obtaining food, drink, and money by false pretences with intent to defraud, and to a conviction at Maidstone on November 28th, 1901. Nine other convictions were proved against him, and there were thirteen similar cases to the present. Twelve months' hard labour .
MR. FITZGERALD Prosecuted.
about 10 p.m. on June 10th I was walking in Arley Street, Bow Road, alone, when someone caught me by my throat from the back and threw me to the ground—I was stifled and do not remember any more—I lost my keys, a corkscrew, and 3d.—the total value is about 4s.—I saw the prisoner at the station.
NELLIE FOXON . I am a domestic servant at 35, Burdett Road—on June 10, about 10 p.m., in Arley Street, Bow Road, I saw an elderly gentleman on the ground, who I found afterwards was Mr. Gedge—the prisoner was bending or kneeling over him and rifling his pockets—a fair young man ran after the prisoner and caught him in the middle of Bow Road—I did not lose sight of the prisoner—someone went for a policeman, and I spoke to him and went up to the prisoner, when he was brought back to Mr. Gedge—the policeman took the charge.
CHARLES WYNNE (444 K. ) The last witness spoke to me in the Bow Road—in consequence of what she said I arrested the prisoner, who was detained in the Bow Road, and told him I should take him into custody—he said, " I went to help him "—he then dropped some keys—3d. and a corkscrew were handed to me in his presence—I detained him till I saw the prosecutor.
The prisoner produced a written defence, stating that he saw the prosecutor with a female against a dead wall, and a man came up and put him down on the ground, while the woman ran off; that the man ran up a turning, and that he went to help the prosecutor, and then ran after the man, but the young man who had run with him talked to him for about twenty-five minutes till the policeman came; that the prosecutor dropped some keys, the corkscrew, and 3d., and a woman gave them to him; that the prosecutor was charged with being drunk; and that what the girl said was not true.
GUILTY . He then pleaded guilty to a conviction of felony at North London Sessions on June 18th, 1901, and nine other convictions were proved against him. Five years' penal servitude .
NEW COURT.—Saturday and Monday, June27th and29th, 1903.
Before Mr. Common Serjeant.
552. SAMUEL KLYDER(37) , Having been adjudged bankrupt did attempt to account for part of his property by fictitious expenses. Second count, unlawfully destroying certain books and papers relating to his affairs.
FREDERICK WILLIAM ALLEN . I am one of the firm of A. C. Palmer and Co., accountants, of 7 and 8, Railway Approach, London Bridge—I was appointed trustee in the prisoner's bankruptcy on June 12th, 1902—the petition was presented on May 15th, 1902; the receiving order was made on
May 20th; the statement of affairs was filed on June 3rd; and the adjudication on June 12th—the assets disclosed are ₤287 17s. 5d., and the liabilities ₤3, 242 2s. 5d., showing a deficiency of ₤2, 954 5s.—in May, 1901, I was instructed by the prisoner to prepare a balance-sheet of his business—this is it (Produced)—it is carried down to April 30th, 1901, and shows a surplus of assets over liabilities of ₤958 17s.—I considered that the prisoner was then in a solvent condition, and was making money—I received the prisoner's first cash account on June 30th—his public examination took place on July 18th, 1902, and was then adjourned for him to amend his cash account—I received the amended cash account on July 26th—the transcript of the shorthand notes of the public examination is signed by the debtor—he carried on a boot and shoe manufactory at 25, Commercial Road East, and for a short time a branch at Worsley Street—at the time of his bankruptcy he handed over to me a bought ledger, a sold ledger, bill book, bank passbook, and book of counterfoils, a manifold invoice book, and a copy letter book—he did not give me a cash book or wages book—
I have examined the books he gave me, and I cannot find anything to account for a deficiency of ₤2, 954 5s.—the first cash account relates to the twelve months ending May 1st, 1902—in that twelve months the wages amount to ₤5, 875; ₤2, 750 for the first seven months, and ₤3, 125 for the last five months—in the first seven months there is a large surplus of payments over receipts, and in the last five months a large excess of receipts over payments—I also found receipts omitted, and errors in casting, amounting to just over ₤700—the cheques drawn to self or bearer during the same period amount to ₤7, 559 11s. 6d., ₤3, 646 11s. 6d. during the first seven months, and ₤3, 913 during the other five months—the second cash account extends over the same period as the first—the wages for the first seven months are put at ₤2, 884, and for the last five months at ₤4, 604 3s. 6d., making a total of ₤7, 488 3s. 6d., and ₤1, 613 3s. 6d. more than shown in the first cash account—the amount expended in raw material from May 1st, 1901, to May 1st, 1902, was ₤9, 072 7s. 3d.; the wages were ₤7, 488 3s. 6d., the trading expenses ₤1, 822, and the amount realised on sales ₤16, 535 17s. 2d.—on May 1st, 1901, he had stock in hand value ₤911 13s.; at the date of the receiving order its value was estimated at ₤200—according to his cash account the raw material is 55 per cent. of the price of the goods sold—I was present at his public examination before the Registrar—he then swore that he did not keep, and had never kept, a wages book. (Extracts were then read from the shorthand notes of the prisoner's public examination. )
Cross-examined. The supplemental account contains the particulars of the actual cash receipts and payments outside the Bank pass book, and the amended account is a copy of the Bank pass book—they are both part of one account—I have known the prisoner since May, 1901—I do not think he is much of a scholar—when I made a balance sheet out for him in 1901 he did not give me a wages book—I have met several cases where wages have been paid by cheques, drawn to self—the prisoner's book debts were ₤758 15s. 3d. in May, 1902—I have not allowed anything for bad debt? because they are all with good firms—I have never heard of
bad debts being put down at 40 per cent. in the boot trade—the machinery realised about ₤50, I think—the lease of the Commercial Road premises is not worth anything—at his public examination he said that he lost between ₤400 and ₤500 in his boot beading business, but he only takes credit for ₤62 in respect of it in his cash account—in the trading account I take exception to the last five items of wages; the first seven appear to be correct—he has given me every assistance in the administration of the estate, and outside this present charge I have no reason to complain of his conduct—in making out his second account I know he had the assistance of Mr. Wilson, an accountant—it is only my opinion that he did not pay the wages put down in the last five months—I form that opinion because the percentage is too high—he made very cheap boots—the expense of making a cheap boot would be higher in proportion than for making an expensive one—there was not a slumpin the boot trade from the end of 1901 till the middle of 1902—if he bought ₤100 worth of goods in a particular month it would not follow that he paid for them in that month—I do not know that l0d. is the wage per pair of boots, if it were, and the boots were sold at 1s. 5d., the percentage would be 60 2-3—I do not know how many hands he employed; the labour in the boot trade is piece work.
Re-examined. ₤2, 732 is alleged to have been paid in wages during March and April, 1902, and that works out at 63 per cent. on the sales—I do not remember the prisoner ever telling me that he has sold goods under cost, and I do not find anything in the books to indicate that—it is usual for premises carrying on business such as the prisoner did, to keep some record of the work sent out to be done.
FREDERICK WENSLEY (Detective Sergeant H. ) On May 7th I met the prisoner in Leman Street about 9 p.m.—he said, " I hear you want me "—I said, " Yes, I have a warrant for your arrest; come to the station, and I will read it to you "—he said, " This is very bad "—we went to Leman Street Police Station, and I read the warrant to him—he said, " I understand "—I afterwards took him to Bow Street Police Station, where he was charged—on the way, he said, "The warrant means I have not told the truth about my expenses; well, I shall have to suffer; I have been robbed by my own people "—when formally charged he made no reply—I have seen him write, and I have seen his signatures upon the documents.
ROBERT HENRY NEIL . I am manager for Messrs. Lyon and Sons, boot manufacturers in Bishopsgate—I have had about thirty years' experience on my own account and as manager for firms—I am familiar with the East End boot manufacturing trade and with the class of boot sold wholesale in London at 30s. a dozen, or 2s. 6d. a pair, and the cost of raw material and the labour required to produce them—the cost of the raw material is about 15s. and the labour 10s.—the average per cent. of the cost of finishing East End machine work is one third the cost of making the boots.
Cross-examined. One gets better prices in the West End—the prices fluctuate very much—so much" depends upon the skill of the buyer—I have not seen the prisoner's stock—cash is often paid on delivery for
small orders—leather was dear in the end of 1901 and the beginning of 1902—there were labour disputes, but not very great—I have included boxing and everything in my estimate—the cost of labour might reach 10s. 3d. or 10s. 6d.
Re-examined. My estimate is of machine sewn boots—the wages would be 35 to 40 per cent. in machine sewn boots—I do not think the high prices of the raw material in March and April, 1902, affected the price of the boots much—boots are often sold at a loss to keep the connection.
JOSEPH BRANCH . I am a boot manufacturer of 236, Mile End Road—I have had about four years' experience in the East End of London, and before that in Hackney, but mostly in Norwich—in April and May, 1902, the wages averaged 35 to 36 per cent.
Cross-examined. My calculations are made upon the. assumption that the boots cost 30s. a dozen—I have not seen the prisoner's stock—I have no experience of boots sold at 5 ½d. a pair—shoes of that description are to be purchased.
EDWARD HOWSE . I live at Southholme, Cartridge Lane, Enfield, and am a sole sewer in the boot trade—I was in the prisoner's employ prior to his bankruptcy 3 ½ to 4 years, possibly a little longer, and up to the time the premises were closed in May last year—I worked by piece, and booked it on a card—the heeler or channeller would fetch it from me—I gave my card at the end of the week to Kleider or his manager, Mr. Solomons—they checked it with the lasters' book—I have seen that book—it was kept by Kleider or his manager—I saw the entries of the quantity of work taken by the laster and the work brought in from him, and the price at so much a dozen—I also knew of the machinists' book and the finishers' book kept by Kleider or his manager—they were in use all the time I was there so far as I am aware—I did not see them for a month or six weeks before the premises were closed.
Cross-examined. I was first spoken to about these books, possibly about three, or it might be six, months after the premises were closed—I was then in other employment—Mr. McCarthy, a brother of one of the creditors, asked me how I was paid, and I told him piece work—that was within four months—I had the misfortune to lose a daughter, and that enables me to say that it was a month or six weeks that I had not seen the book—I was paid whether the card was compared with the book or not—Solomons kept the books the last twelve months or two years, both before and after Kleider moved—my earnings were ₤3 to ₤3 5s. a week—now I have standard wages—the trade deteriorated the latter part of 1892, and expenses increased—I have not seen any books destroyed.
Re-examined. The lasters' book was as long as foolscap and narrow—I was examined at the Bankruptcy Court on December 6th, 1902—I was told that Kleider said he had entered the books.
ISAAC DAVIS . I live at West Goodman's Fields—I was Mr. Kleider's packer for about four years up to his bankruptcy—most of the work given out was piece work—I have seen the machinists' book, the lasters' book, and the finishers' book—I cannot read; I can write my name—I can distinguish between writing and figures—I have seen Kleider or his
manager enter numbers and figures in the books, which were in use down to three or four weeks before we closed up, when Kleider told me that the books were of no further use to him, and that I should destroy them: throw them away—I threw them amongst the rubbish—I saw no fresh books used in their place—I have destroyed similar books—a long while before—then new books were brought into use—I had weekly wages.
Cross-examined. Mr. McCarthy spoke to me first about giving evidence—he asked me whether Kleider kept books and what had become of them—there was no secrecy about destroying the books.
GUILTY . Twenty months' hard labour, to run concurrently with his former sentence. (See page737.)
MR. DUNN Prosecuted; and Mr. Hutton Defended.
NOT GUILTY .
OLD COURT.—Monday, June29th, 1903.
Before Mr. Recorder.
554. HENRY GEORGE AUSTIN(31), EBENEZER JOHN WALKER(31), and HENRY THOMAS JUDD(40), PLEADED GUILTY to stealing and receiving a quantity of partly refilled gold, the property of Johnson, Matthey, and Co., Limited, the masters of Austin; WALKERand AUSTIN alsoto stealing and receiving a quantity of refined gold, the property of. Johnson, Matthey, and Co., Limited . Walker and Judd received good characters. WALKER and AUSTIN, Fifteen months' hard labour each .JUDD, Eighteen months' hard labour .
555. THOMAS ATHERTON(60) , Unlawfully obtaining by false pretences from Franklin Remington and others, two typewriting machines, with intent to defraud. Another count, for incurring a debt and liability with Franklin Remington and Co., by false pretences.
MR. J. P. GRAINand MR. MILLER Prosecuted; MR. SWANTON Defended.
OWEN HARRY ROCKETT . I am accountant to Fay, Scholes and Co., at 52, King William Street—on April 17th the prisoner came in, he was dressed as he is now—he said he was looking for a typewriter—that he had been recommended to buy a Remington, but somebody had recommended him to come to us—he said he wanted it for his own work, that he was a caterer and cigar merchant—I said that he could have one sent down to his house to examine thoroughly to see if he liked it—on Monday, April 20th, I sent a machine, to 246, Kingsland Road, where he said he carried on his business—Mr. Davis, our manager, went down to demonstrate the machine—he returned and made a communication to me—on Friday, the 24th, the prisoner came again—I saw him—he said he liked the first machine very much, and he particularly wanted another one sent in early next morning—he gave me to understand that he wanted-to send the first machine early on Saturday
morning to a branch of his business—when he first came he said that if the first machine suited him he should want another, and that it might possibly lead to further business—Mr. Davis arranged the terms on the Monday.
Cross-examined. Fay Scholes have no connection with the Remington Co., but we have a Mr. Franklin Remington in our Company—we claim to be an improvement on the old Remington—I am not aware that the prisoner had any introduction to us—I should not call him particularly deaf, I had no difficulty in making him hear—I did not ask him for any references on the 17th—he did not refer us to anybody—if he had said that he wanted the machine to give as a present to somebody it would have had the same effect on my mind as his saying that he wanted it for his own use—we did not make any inquiry about him then, the machine was only going on trial—Mr. Davis sent a letter to the Credit Index, who are people we apply to as to people's standing—he did not write prior to April 20th—Mr. Davis' word would be final in the matter of giving credit.
Re-examined. I believed that the prisoner was carrying on a genuine business, and that he wanted the machine for his business—I thought he was a person of credit and responsibility.
HENRY LEE DAVIS . I am manager to the Fay Scholes Company—on April 20th I went to 246, Kingsland Road, and saw the prisoner—I saw the machine which we had sent, on the table, the cover was off, and the machine had apparently been in operation—246, Kingsland Road is a residence, but the prisoner used the front room on the ground floor as an office—he stated that he was a cigar merchant and caterer—there were papers about and one or two desks—his name was not up outside—he apparently occupied the house—I—told him I had come to see how the machine was running—he said it seemed to be going very well—I got there about 11.30 a.m.—he said he liked it very much—there were some little points that he did not understand as to its working, which I explained—he said he had been recommended to try a Remington, but that he had heard of our machines and preferred them—he asked me what discount I would allow him for cash—I stated 5 per cent. prompt cash—he said he could buy a second machine, and asked if we could increase the discount if he bought two—I told him we would allow him 15 per cent. on each machine if he would pay cash for them both—he asked me what I considered cash, on the nail, or thirty days—I stated that if he paid in thirty days I would consider that as cash—he did not agree to anything then, and I went back to my office—I did not have another interview with him—he came to the office again, but I was out—Mr. Rockett, on my instructions, sent these, two invoices for two foolscap Fay Scholes, ₤44 19s. 2d., less 15 per cent. cash, ₤38 4s. 2d.—when I agreed to those terms I believed the prisoner was a respectable tradesman carrying on his business—I made some inquiries about him through a trade protection company—the credit expired on May 25th—in consequence of the Credit Index Company's report I wrote this letter, dated May 14th, to the prisoner. (Stating that, according to their usual custom when dealing with people they did not know, they had made inquiries as to the prisoner's financial standing, and that in consequence they had been unable to find out anything as to his financial position, that they
wanted some trade references, or, that if it was not possible they requested him to send a cheque without delay. ) I had a telegram from him saying he would call upon me the following Saturday—he did not call or write—I made inquiries, and the result was that I went to Messrs. Weinbaum and Company, who describe themselves as general merchants, at 21, Finsbury Street—I there found one of my typewriters—I do not remember the date that I went there—it was about May 20th—the credit had not expired then—the numbers on my machine had been removed—the number is stamped on the roller rubber, it has been cut out—it has been cut out of both these machines (Produced)—the name plate, which also has the number on it, has been removed—the plate is made of aluminium—the name is still on the machine, but the number, which is the only means of identifying it, is gone—each machine has a separate number, and when that is gone we cannot know when it was last in stock—the number is also put on the right hand forward foot—it has been filed down there, but not enough to destroy it altogether—in machine No. 2 the number there is untouched—I asked Weinbaum if they had had the second machine, but I did not get it then—on May 29th I swore an information at the Mansion House—the credit had expired then—I obtained a warrant, and the prisoner was arrested—he has never paid one penny piece off that account, or offered to pay—I believed when I parted with the machines that he was a respectable man—I made no application for payment, I dealt with it as a fraud from the beginning.
Cross-examined. The prisoner and I agreed what the terms should be in case he bought—the two. machines were absolutely purchased on April 24th, but after we had made the inquiries we applied for payment before payment was due—in a way I had a right to do that because he sold the machine before he told us he would buy it—when I left the prisoner I thought he would buy the machine, but I was not sufficiently sure to invoice it to him—if in my opinion it had been a sale I should have invoiced it to him that night—the invoice was not sent until the other machine was delivered—I think applying for payment before it was due would incline him to send back a favourable reply, because it was said that he had bought it under false pretences—if he was temporarily pressed for money and sold the machines, that, in this case, would be a reason why we should demand payment from him—I did not make any inquiries about his business between April 20th and 24th—he entertained me with a glass of ale and a cigar—I thought it was most unusual for a seller to entertain a buyer—I was satisfied with the evidence of his business at his place—it was on the strength of what I saw that I decided to give him credit and dispense for the moment with asking for other references—I saw my machine at Weinbaum's in the front office—I do not think it was in use, it had a cover on it.
Re-examined. I should not have given the prisoner credit if I had known that he was going to sell the machines.
By the COURT. He appeared to be a householder—the house looked neat and I should think was rented at about ₤50.
pany—I started the business of general agents in January, at 21, Finsbury Street—I have known the prisoner for five or six months, he introduced himself as a merchant, caterer, and cigar merchant—he gave me this card (Produced) or one like it—he called in the beginning of the year, he had some soap powders for sale—I bought three or four barrels—the next transaction I had with him was about some butter—I bought different articles from him—I bought some typewriters from him, I do not know the date—the Fay Scholes machines were brought singly, I think there was a few days between—I agreed to give him ₤12 for the first one if it proved satisfactory—I gave him ₤6 on account by cheque—this is the cheque (Produced), dated April 21st—on April 29th he came again, and I gave him the balance of the ₤12—on May 8th he came with another machine, and I gave him this cheque for it for ₤10—it is an open cheque—I only asked him if the machine was on the hire system, and he said no—they were in the same condition when he brought them that they are now—I did not notice that the name plate had been removed—I did not notice anything about them at all—I did not notice that the numbers had been removed until after I had been using it for some time—this cheque, dated April loth, is for another machine I had from him, it is called ' 'The Fox "—I bought it out and out, as second hand—I gave him ₤10 for it—I understood that he was in a big way of business and used the machines for his own business—when he came with the Fay Scholes I did not ask him how he came to have another machine by another maker—when Mr. Davis came I told him I had two machines—I do not remember the date—I did not deny that I had any machines.
Cross-examined. When the prisoner first brought the Fay Scholes he asked ₤15—there was a good deal of bargaining before I got him down to ₤12—I bought all the machines as second hand, they had all been used—when he brought the "Fox, " I believe he had a man with him who I now know to be Mr. Fox—he has no connection with the Fox machine—the prisoner produced the invoice for the Fay Scholes—I think that was at the prisoner's second call with the machines—I did not know the machines were not paid for—I do not think I looked at the invoice—I did not ask him where he got the machines—I did not remove the numbers—I did not look at the machines to see if the numbers were on them—we sold one of the machines to a man named Raphael, in Fore Street—I cannot suggest why he should take the numbers off—I did not sell the Fox—I cannot suggest why anybody in my office should obliterate the numbers, or why anybody should—these (Produced) are my books—there is an entry here on April 15th of a machine for ₤15, and on April 21st and 29th there are payments of ₤6 on each day, also one on May 9th of ₤10—they are in the cash book—Raphael is a merchant—I do not believe that he has gone away.
ISRAEL FELDMAN . I am a brother-in-law of the last witness—I am an insurance agent—I assist Mr. Weinbaum, not particularly in buying machines—I was present when the Fox and the Fay Scholes machines were bought—I saw no invoice.
on March 31st—he said he wanted a typewriter for his own use in his business as a cigar merchant at 246, Kingsland Road—I explained the "Fox" machine to him—he said he liked it—the price was ₤22 9s. 6d., less 5 per cent. at ten days—the machine was delivered to him—after nine days, he came and said he did not understand that ten days would be the time for payment, and would I allow him thirty days: I agreed—he said he would order another machine—I saw no more of him—he never paid—I received two letters from him—I wrote several letters to him after the expiration of the time, to which I had one reply, which I have lost—first I had a wire saying he would call the next day, and when he did turn up, he said one of my agents had called on him, and that he should pay him—that man was not in my employ at that time—I did not know that the prisoner had sold the machine to Weinbaum.
Cross-examined. I had an agent named Plain—he did not negotiate, he gave the prisoner a card with my address—he had no right to collect payment, only to take orders—I went to the prisoner's premises before the expiration of the ten days, to see what sort of place he had got—I afterwards granted him twenty more days for payment, because practically I was forced to, I could not do anything else—I could have refused to extend the credit, and demanded payment—I saw my machine in a private room used as an office—it was on a table on the left—a young man was using it-he was quite a novice—he managed to write all right—I saw another man who went out of the room—I could recognise him—he is outside—the machine has not been tampered with—the number could not be taken out without disarranging the type, and is still there—I sent an invoice for ₤22 10s.—he told me he should like two machines, but I could not send two without the money for the first—we are agents for the makers—we do not prosecute.
JOHN STEWART (Detective, City) I was with the Inspector when the prisoner was arrested on May 29th—the warrant was read to him—he, said, " I admit I owe them the money "—I afterwards went to his address, 246, Kingsland Road—in the ground floor front sitting room I found a few briar pipes, and a table in the centre of the room—there was no sign of a catering business, nor of food or drink.
Cross-examined. I went to his house at 2 a.m.—he was in custody—it was a private house.
The prisoner, in his defence on oath, stated that he was very much pressed for money when he 'procured the machines, and on the advice of his Counsel he would Plead Guilty to the Counts charging him with obtaining credit and incurring debts and liabilities by false pretences, with intent to defraud, and the Jury found that verdict. Four convictions were proved against him. Twelve months' hard labour .
OLD COURT.—Tuesday, June 30th,. 1903.
Before Mr. Recorder.
556. HENRY GREAVES(34), HARRY MUNDEN(33), JAMES PARSONS(30), and WALTER MUNDEN(28) , stealing and receiving a quantity of wire and nails, the property of Frederick W. Dennis and others, the employers of Harry and Walter Munden and Parsons. HARRY MUNDEN, PARSONS, and "WALTER MUNDEN PLEADED GUILTY .
MR. HUTTON Prosecuted; Mr. Abinger Defended Greaves.
HARRY WILLIAM ROGERS . I live at 78, Gunning Street, Poplar, and am carman to my father, who lets out vans by the day—Greaves has occasionally hired vans from us—on November 26th, he came with another man and hired a van—I drove it—we went to Dennis' Stores, Millwall Docks—Greaves told me to go there—Parsons and the two Mundens loaded the van with coils of wire and bags of nails, and also a van that Greaves had with him—it is necessary to have a pass to give to the policeman at the gates, to get out of the docks—when we were loaded, Greaves gave me a pass—he helped to load the vans—I gave the pass to the policeman at the gates—we had 90 coils of wire, and some bags of nails—we went to Harding and Sons', Long Lane, Borough, with them—they are hardware people—the things were left there—the prisoner paid me 10s.—he came again on December 2nd, and hired a van—he had not got a van with him on that day—we drove to Millwall Docks—I saw the same three men-Greaves was there the whole time—the van was loaded with wire—Greaves gave me a pass which I gave to the policeman at the gate—I delivered the wire at Harding's—Greaves paid me 10s. for the hire of the van—on April 16th he came and hired a van for the following day—I went to the stores—that was the only van on that occasion, it was loaded with wire—Greaves gave me a pass—when I got out of the docks I went to Harding's again, where I left the wire—Greaves paid me 10s. for the hire of the van—the pass on that day was for eight coils of wire, I had 80 coils in the cart, and I sent the pass back to be altered—I do not think I ever saw anybody there except the three prisoners who have pleaded guilty, and Greaves—I did not notice if " Dennis and Co." was marked up outside.
Cross-examined. From what I could see, everything was done perfectly openly—I have often been to the docks and loaded vans before—I drove up to the stores in broad daylight—the passes are on Dennis' forms, and are signed "Everett"—when I tried to go out of the docks with 80 coils of wire, and only had a pass for eight, the policeman called my attention to it—a man named Leonard was with the van, he was employed by Greaves, he took the pass back and had it altered—the wire was taken to Harding's by daylight, and quite openly—I got there between 10 and 11 a.m.—the price I was paid for the van was perfectly fair.
Re-examined. I do not think anything could be taken away, except openly.
Cross-examined. If these passes had been brought to me at any time, I should have passed the goods.
I remember his coming on November 24th—he showed me some samples of tin ware, baking dishes, and samples of wire—he said he had bought the wire at a sale, and wanted to get rid of it as he was short of money—he said he had about 47 cwt. of it, and that he had no use for it as it was galvanised—I gave him an order for the 47 cwt., and for some nails—he brought the goods on the 25th—I gave him a cheque for ₤24 15s., which was ₤22 10s. for the wire and ₤2 5s. for the nails—a few days later he called again, and I gave him another order for some wire—he brought 27 cwt. on December 2nd in a van—I paid him a cheque for ₤12 16s. 6d. for it, and he gave me a receipt—I do not remember if the cheque was open or crossed—the wire was quite new—he came again in April, and said he was very hard up, that he had a bill to meet, and that he had some wire which he had bought—he did not say where he had bought it—he brought 29 cwt. on April 17th—I gave him a cheque for ₤20 19s. 3d. for it—that was all new wire—what we have left has been seen by Mr. Dennis—some we had sold in the ordinary course of business—the total amount that we paid for wire was ₤58 10s. 9d.—these are the receipts."
Cross-examined. As far as we were concerned, this was an ordinary business transaction, and was conducted perfectly openly—we paid 9s. 6d. and 9s. 9d. per cwt. for the wire—33 per cent. profit is not made on wire in the trade—the profit depends upon where it comes from, and who is buying.
Re-examined. If the wire had been brought to us at night I should not have bought it.
By the COURT. I should not have dealt with the prisoner if I had not believed everything was in order.
FREDERICK WILLIAM DENNIS . I am one of the partners in Dennis and Company, wire merchants—it is not a limited company—our offices were in Queen Victoria Street, and we had stores at Millwall Docks—the name " Dennis and Co." was over the door there, so that anyone could see it—all orders should have come through the offices in Queen Victoria Street—Parsons and the Mundens were not allowed to deal with anybody unless the order came through the head office—Parsons was the head man at the stores—Everett, a clerk, and the two Mundens were under Parsons—an order to the stores would go through the rough book and be entered in the consignment book, and an order would be made out that the things should be given to the people who came for them—no orders for goods had come on November 26th, December 2nd, or April 16th—the firm has never received any order from Greaves—I have seen some property received by Messrs. Harding on November 27th, December 2nd, and April 26th—it is new wire, and exactly similar to the wire we had at our" stores—I have heard the prices and quantities—the price is a fair one, ₤58 10s. 9d., maybe a little under, but it is nothing out of the way—the address of the City office is also over the door of the stores.
Cross-examined. There is nothing irregular on the passes—it is usual for vans to be brought to the stores to be loaded—I believe other persons besides Greaves have bought goods from our dishonest servants—we have had two or three cases at the police Court—I do not know that other
persons who have bought goods from Parsons and Everett in the same circumstances have not been prosecuted—I was at the police Court—I heard Henry Crawford give his evidence—I cannot remember what his exact evidence was—I do not know that large quantities of our goods were stolen by our clerks before Greaves was brought on the scene—we lost some other wire two or three years ago.
Re-examined. We were also robbed in July—we have found three cases against Greaves altogether.
JOHN EVERETT . I was a clerk to Messrs. Dennis and Company for 12½years—Parsons was there also for about eight years—this pass, dated December 2nd, is in my writing, and these other two are signed by me—I usually made out the passes when I was at the works—if I went away I signed some and left them blank for Parsons to fill in—I have seen Greaves at the stores—I have only said " Good morning, " or something like that—he has never given me an order—I was authorised to sign the passes—the persons who come for stuff ought to bring an official order—I did "not see an official order in these cases—I ought not to have filled up the passes—I was working with the dishonest men—I saw Greaves at the stores four or five times—I saw him speaking to Parsons and Munden there—after the work was done I saw them in the Lord Nelson in Manchester Road—I never received an order from Greaves from the office in the proper manner.
Cross-examined. Whatever arrangements I made, I made between Parsons and the Mundens—I used to sign the passes forty or fifty at a time—they were in a book to be handed out by Parsons—it was Parsons who led me astray, and who put me up to this—he gave me money—when the ninety coils of wire were taken away he gave me about ₤1—he hinted that he was doing this because the firm would not pay overtime—he had been robbing the firm for about six months—I am not aware that he sold goods to other dealers in metal—I do not know Crawford—there was no concealment when Greaves came into the yard.
JAMES PARSONS (The Prisoner. ) For ten years I have been employed by Messrs. Dennis and Company—for the last few years I was their foreman at the Millwall Docks—I received 30s. a week—the Mundens were employed under me—I have known Greaves since last October—on November 26th I remember loading up Rogers' van and another van with ninety coils of wire and some nails—Greaves came with the van—I knew he was coming for the wire, he had told me he was coming on the night before—he said he had got a customer to sell it to if I could let him have it—I knew that no order had come through the Queen Victoria Street office—Greaves suggested that I should sell it—I do not remember what he paid for the wire, but it averaged 4s. 9d. a cwt., the proper price is about 10s. or 12s.—the ₤58 10s. 9d. works out at 9s. 6d. and 9s. 9d. a cwt.—the same thing happened on December 2nd—Greaves had spoken to me before then—on that occasion there were fifty coils—he paid me the same price—on April 17th there were seventy-two coils, and he paid me the same price for that—he took the wire away—I have pleaded guiltyto stealing the things.
Cross-examined. I believe I received a letter last Monday morning asking me to give evidence—I have not got it now—it came from a solicitor named Whitgraves—I made a statement in writing—it is a truthful account of what took place, this is it (Produced), it was made voluntarily, no inducement was held out to me before I made it. (This stated that Greaves had come to him and said that he could do with some nails and wire cheap, they the men at the stores arranged to let him have some, as the overtime money had been stopped, and they wanted to make their money up. ) Greaves was the only man who bought the stuff—Crawford bought some old stuff that was put outside—Mr. Dennis told me to sell it to anyone—I did not account for the money I got for it because Mr. Dennis said he did not think it would be worth anything—I sold it about April or May—I think I got about 50s. for the first lot—I cannot remember what I got for the second—I sold to Crawford twice—it is untrue that I sold him ₤8 worth and that he gave me ₤3 or ₤4 for it—I pointed out some wire rope to him and said, " The governor has given this to me to sell for beer money "—he sold it to Richardson for ₤8—I forget how much he gave me for it—I did not tell Crawford that Mr. Dennis had said I could sell it—it was not new stuff—I do not know that some of the wire sold to Greaves was rejected by the purchaser as being old—I heard Mr. Jack Reeves give his evidence at the Thames Police Court—he said " I rejected 2 or 3 cwt., what was rejected was dirty or soiled "—that may have been true—I do not expect to get anything by giving evidence—I am not giving Everett and the Mundens away, they were given away before—nobody has said I might get a lighter sentence by giving evidence—I have been robbing my masters since last October—I have not been doing so since last July—when Greaves first came to the stores he did not ask if we had any job goods for sale—I did not then take him round the place and show him a quantity of nails and wire and ask him if he could buy them cheap so as to save the expense of sending them back to Germany—he did not come into the office—he asked for a sample—he came in the afternoon—Mr. Dennis sometimes comes about the place—only four hands were employed at the stores—Greaves said he had shown some samples to some of his customers, and would come back and let me know if he could buy any stuff—he came back and said he could sell some—I believe he gave me ₤9—he paid me 4s. 6d. a cwt.—I think I gave Everett 30s., if Everett says I only gave him 6s. it is untrue—I think we all got the same amount—I do not know if Greaves gave me ₤15 12s., I know he. bought it at 4s. 6d. a cwt.—nails are sold by the cwt. and by halves—when Greaves came with the vans I gave him the passes which Everett had left in the book—Greaves knew that I was robbing my masters—that only depends on my word—I have not seen him talking to Everett—I did not tell Greaves I had authority to sell the goods—I told Mr. Richardson that I could give a foreman's pass, that was true—I could draw up a false pass if I liked and enable the goods to go out, but I ought to have had an order from the office—the parcel that Crawford bought he sold to Richardson, who came round to see if it was all square—he told me that he had given Crawford ₤8 for it, and I said to Crawford, " I have got all power here, and I can give the
firm's pass "—that was to satisfy Mr. Richardson that I was properly selling.
ALFRED NICHOLLS (Police Inspector K. ) I arrested Greaves on the early morning of May 8th—he was detained at Poplar Police Station—I said, " I am an inspector of police, and want some explanation from you as to a large quantity of wire, nails, staples, and solder that you have received from Messrs. Dennis and Company's warehouse, Millwall Docks "—I showed him twelve passes—I do not think the three signed by Everett were among them—I told him the passes were given up to the Dock Police for the stolen goods, and that he used a van with the name of Manley on it to get the stolen property out—he said, " Yes, I will tell you the truth, I do not want to keep anything back, I met a man against Green's Home, and he asked me if I could do with some nails; I said, ' Yes'; he said, ' You will have to pay ready money for it'; I had a few lots before I tumbledthat it was crook, I dealt with the manager "—" Crook " means a dishonest manner of dealing—" I met Parsons and the two Mundens in the public house in the Manchester Road—I have only paid money to Parsons, but I know the two Mundens have had their share"—he afterwards said to another officer, " It is no good saying anything else, I did have it"—he sent a letter to me asking me to visit him at Brixton Prison, and I did so on May 19th or 20th—he made this statement—Inspector Brown took it down in my presence, and I witnessed it. (This stated that about October he met a man whose name he did not know, who asked him if he could do with about two tons of nails at₤6 10s. per ton; that he (the prisoner) said he would try, if he could have samples; that he sold them to another man for₤9 10s. per ton; that Walter Munden came with the man who sold them; that he (Greaves) gave the man₤8 5s., who gave it to Munden; that the purchaser said he could not fetch the other half ton away, but he would introduce him to the manager of the firm that he introduced him to Parsons, and asked Parsons if he could have the other half ton of nails; that Parsons said he could have them for₤2 15s., which he paid him; that Parsons then said he had got some wire and some staples to dispose of; that he then took the half ton of nails with him on the pass which Parsons gave him, and sold them to a man named Tyler or Taylor, to whom he also showed a sample of the staples, and said he would sell them at ₤9 a ton; that Tyler said he could do with a ton; that he wrote to Parsons and said he had got a customer for a ton of staples; that he went to the docks and got thirty-nine bags of them and one coil of wire; that he paid Parsons₤6 for it, and also got a pass out; that he sold them to Tyler for₤9; that he again went to the stores and saw Parsons and the Mundens; that he asked Parsons for some samples; that Parsons gave him samples of several kinds of wire, staples, and nails; that he called on several firms and sold a quantity of the goods; that the first order came to about₤12; that he went again to the stores, had the van loaded, and for this lot paid Parsons₤7 10s.; that he used to meet him and the Mundens in the docks when he wanted some goods, and that they all used to go to the Nelson and have drink, and they would then arrange what time he was to go for the goods if they had them in stock. ) I went to Greaves' house and found a quantity of wire, which was taken to Poplar Station and
seen by Greaves, who sorted it out and said, " That belongs to—Mr. Dennis."
Cross-examined. I have been investigating this matter since July; I find that Parsons was then robbing his masters—I did not find any property sold to other people—Sergeant Burton and Sergeant Brown found some property at a Mr. Rogers' stores, and I believe they saw a man named Crawford—the conversation between me and the prisoner took place in the cell passage at Poplar Police Station; it lasted about ten minutes—it did not consist of question and answer, or last considerably longer—I did not say that he had better tell the truth—when he said, " I dealt with the manager and paid him for them, " I did not say, " Do you mean to say you did not know it was crook? "—Greaves did not say, " Certainly not"; he said it was crook, not I—I wrote down what he said fifteen or thirty minutes after the conversation at the same station, before conveying him to Limehouse—I did not write it down directly he had said it—I have been twenty two years in the force—I pay great attention to what prisoners say to me—I was at the police court, but not on all the occasions—I did not hear Mr. Keeves' evidence—I do not know that some wire that he bought was rejected because it was old and soiled.
Re-examined. Brown was standing about six feet away when I took Greaves' first statement—if I had put any question to Greaves, it would have been heard by the other officers—an inspector was also on duty—it is a well known order throughout the police force, that no questions are to be put to men when once they are in custody, and there is also an order that we should tell them who we are, when we speak to them.
By the COURT. I did not hold out any inducement to Greaves before he made the statements.
WILLIAM BROWN (Police Sergeant. ) I remember Greaves being charged at the police station in Nicholls' presence—I saw some property found in his house shown to him—he said, " That is some of the staples and that is some of the wire; I sold all the other stuff to a dealer, I do not know his name "—he said it came from Dennis—the other three prisoners who have pleaded guiltywere there—Nicholls said to them, " This is Greaves, and this is some of the stuff he said he bought from you "—they said, " Yes, it is quite right, we all know Greaves "—Greaves made no answer to it.
Cross-examined. I arrested Parsons; he said, " Well, there will be Everett's tale and mine, and of course if they believe him, I shall have to put up with it "—the Mundens said nothing—at the police station, Greaves said, " Now mind, I want to tell the truth; Parsons said to me ' There is a job lot of stuff if you would like it, ' the Mundens were there, they afterwards told me they got ₤8 for it, and it was their own beer money "—the property was pointed out to me by Nicholls—Greaves said it was the stuff—I saw Mr. Keeves; I have heard that he rejected some of the wire because it was old—I was not at the police court when he gave his evidence—I did not find cut Crawford, Sergeant Burton did—I have not known Greaves as a wire trader for some time.
Greaves, in his defence on oath; said that Parsons had never told him that he was robbing his masters; that he never knew they Parsons, Everett, or
Mundens were robbing their masters; that another man had introduced him to Parsons as the manager of the firm who had a lot of cheap stuff for sale; that he paid Parsons6s. a cwt. for the wire and nails; that he paid₤15 12s. altogether; that he did not get an invoice or a receipt, as he paid cash; that he did not know that Parsons was stealing the goods; that he took the stuff round the trade to sell; that he gave receipts for the money he received for it, on his own paper; that when he was charged, Nicholls said to him, " Do you know that the stuff has been stolen? " that he said" No"; and that Nicholls said, " Oh, you must have known that it wascrook; " that he never said what Nicholls said he did; and that the statement was false.
GREAVES, GUILTY — Five years' penal servitude . HARRY MUNDEN— Twelve months' hard labour . PARSONS— Eighteen months' hard labour . WALTER MUNDEN, recommended to mercy by the Prosecution— Six months' hard labour .
NEW COURT.—Tuesday, June 30th, 1903.
Before Mr. Common Serjeant.
MR. OLIVER Prosecuted; Mr. Humphreys Defended. Henry William Tucker. I am common law clerk to Raffael and Co., solicitors, 69, Moorgate Street—I produce the writ and a copy of the affidavit in Pearl v. Petricus, which the clerk to Mr. Hart, the prisoner's solicitor, supplied me with—it was sworn on May 22nd, 1903, and Mr. Hart handed me a copy of affidavit No. 8—they produced on the first hearing the affidavit produced, and on the second occasion, an affidavit by the carman—Mr. Hart handed to the Master a copy of the invoice, but it was not exhibited—this is a copy of the invoice made by my junior—the amount of the debt sued for is ₤169 3s. 4d., and the amount recovered was only ₤139 9s. 3d., as they said that about ₤31 was overcharged; and I went through the figures, and it was so.
Cross-examined. Aquestion was raised by a clerk who was representing the defendant—I do not know his name—Mr. Hart is not acting now—this affidavit by the defendant and his partner was handed to me just before I went in before the Master, and I read it—it appeared to be palpably untrue—this is a copy of it—it said that he never received the delivery or any part of it—I did not then know that Mr. Pearl had seen the goods on their premises.
ALEXANDER PEARL . I am the son of, and manager to H. Pearl, a general agent and merchant—about April 14th. I saw the prisoner at my father's place; his partner, Morris Petricus, was with him—they said that they were in the wholesale clothing line at 29, Fashion Street, Spitalfields, and had started with ₤1, 000, and if any more money was required, they
should soon have it—I gave them this order (Produced) for forty-five pieces of cloth at 2s. 4 ¼d. a yard, terms cash, less 2 ½ per cent.—the conversation was in English, German, and Russian—the prisoner speaks Yiddish, which is a mixture of German and Russian, and sometimes you mix English—the prisoner spoke English, but Morris stopped him, and said he would rather he would speak a language which he could understand—I communicated with the manufacturers in Germany, and sent an invoice on April 27th for l, 412 ½ yards of cloth at 2s. 4 ¾d., making a total of ₤164 18s. l0d.—this (Produced) is the original invoice sent; there is a stamp on it—a copy was kept—eight or ten days afterwards, when we asked for payment, they said, " We will measure the cloth, and pay for it"—in mating the second copy, one bale was left out—on or about May 4th, I paid them a visit, and they said, " We will' come up to morrow; you need not be in such a hurry, we are not running away, " and then they said to my clerk, "We won't pay, " and I said that I should issue a writ—they were unpacking the goods—I did not receive payment for them, and the result was a writ of May 8th, issued, which recovered ₤169 3s. 9d.—when I sent the invoice, there was no stamp on it—on May 26th when the bailiff was put in, my clerk produced this stamped invoice—I know nothing about how the stamp got there—on May 28th or 29th, I went to the Sheriff's Office, 77, Chancery Lane, and seventeen pieces of cloth were produced to me, and two or three half pieces—I identified them as the cloth sold to the prisoner—I have also seen some of our cloth in Mr. Cohen's possession.
Cross-examined. I do not know whether they were Both there on April 14th—I cannot swear that the prisoner was there, because the other was there two or three times before the order was given—I believe the prisoner was there on April 14th, when the order was given, but I will not swear it—I remember him saying something, and I said, " Very well "—he came twice before the order was given—he spoke to me in English—the other man never spoke to me in English, only a few broken words—he only spoke Yiddish and German—there are two kinds of Yiddish, high and low—it is a different pronunciation—they spoke Yiddish so that I could understand—I do not talk high-class German—I saw the agreement that was drawn up, the two were together—it was written in English characters—on May 4th, the other one said, " If you are excited we won't pay you "—they had not given me a reason before they refused payment—they did not dispute about it, and say that it was bought by metre, and not by yard; they might have said so—they gave several reasons' for not paying—they did not say that they wanted a letter from the manufacturer abroad as they had not bought of us, but they said, " If you will wire to the manufactory in Germany for the remainder "—they did not say that they would not pay because they had not bought of us, unless we produced the original invoice of the manufacturers—I do not remember saying before the Magistrate, " They also said they had not bought of us"; that might have been there, and I not notice it when my deposition was read over—I sent a telegram to the foreign manufacturers saying that only part had been delivered, and they wanted the rest delivered before they would
pay—we had only delivered thirty pieces—we have never delivered the other fifteen—they said that if our manufacturers abroad would send them a wire to pay, they would pay—when the order was given, the two defendants in the action understood that the order came from us, but, in fact, the goods came from abroad, with instructions to the manufacturers to deliver.—I do not remember saying before the Magistrate, " The defendants expected the goods to come from us, not to come from abroad "—they could see that we had no stock—the goods would come by railway—on May 4th, three weeks before the affidavit was sworn, I saw all the goods in their place—rthey were not concealed in any way—my solicitor told me that he had sworn the affidavit of May 22nd, but he did not show it to me—I swore an affidavit in our action to recover our goods.
Re-examined. They showed me their partnership deed, and said that they had ₤1, 000 to start with, and the other man said that he could put ₤1, 000 on the table.
JOSEPH KING . I am a carman of the Great Eastern Railway—on April 29th, I delivered five bales at 139, Fashion Street, Spitalfields, marked N. L.—I saw the prisoner and one or two more—a little girl, the prisoner's daughter, signed for the goods.
Cross-examined. There was 3s. 8d. to pay for cartage, which was paid on delivery.
FREDERICK UNDERHAY . I am an officer of the County of London—on May 26th I went to 29, Fashion Street, and made an inventory of certain goods received there, and removed part of the stock to 69, Chancery Lane—I produce a catalogue—it contains a correct description of the goods—Nos. 21 to 37 represent pieces of cloth which I discovered on the premises—they had reference numbers on them on labels—I can identify seven pieces by the numbers—I showed them to Mr. Pearl, and he identified the seven.
FREDERICK CLAYDON . I am common law clerk to Messrs. Raffael and Co., the solicitors to the plaintiff in the action—on May 8th I served this writ personally on the prisoner—he asked me what it was; I said it was for ₤169 3s. 5d. for Mr. Pearl for goods supplied—he said, " Oh! that is all right, I will see my partner and will come round and settle with Mr. Pearl"—he spoke in English—the affidavit was produced on the second hearing, and I made a copy of it.
Cross-examined. I was not before the Master—our conversation was entirely in English, and the prisoner seemed to understand it perfectly well.
HARRIS COHEN . I am a tailor of 10, Church Lane, Whitechapel—on May 25th I went to the prisoner's warehouse—I spoke to another man, but the prisoner was there—I bought two pieces of cloth, and the other man made out this invoice and gave it to me—I paid 1s. 8d. a yard, ₤9 3s. altogether—a man brought the goods—I gave him a cheque, and he gave me this receipt (Produced)—it is signed as well as stamped—I asked them to show me the invoice showing the correct measure—the transaction was carried on in broken German; Yiddish they call it—the invoice was
shown to me in this way, not showing the top part—he doubled it up—Mr. Pearl has identified the goods I bought.
Cross-examined. He asked me 1s. 9d. a yard, and I paid him 1s. 8d.—I do not know whether he first asked 2s. 6d.; I was told to pay 1s. 4d.—I went there at Mr. Pearl's request to try and get them for 1s. 4d.—he did not first ask half-a-crown and come down, he said 1s. 8d.—I said that I would be back and let him know in half an hour, and I went and inquired.
ISAAC WENSTEIN . I am a merchant of 57, Houndsditch—on May 18th I visited the prisoner's place and purchased 299 ½ yards of serge at 1s. 6d. a yard—none of it was bought at 1s. 4d.—this is the receipt—I gave him these two cheques for ₤18 and ₤4 9s. 3d.; they are endorsed " Morris and Potoski" and " Joseph Petricus "—I also had the option of buying 22 more pieces at the same price, and this note was put on the invoice—Mr. Pearl called at my place, and I paid him—I declined to buy any more—I showed Mr.Pearl the goods I had bought.
Cross-examined. I saw Potoski sign this—I bought the goods of him—I should not like to say that I even saw the prisoner.
Cross-examined. The telegram was sent to Forest Hill at 11.15, and it was put " Reply "—I put my name and " Old Bailey "—I also telegraphed to the office, and have been there, and he has not been heard of.
JOHN VAN COEVARDEN . I am a landed estate agent of Spitalfields—I have known the prisoner about fifteen years—I have not been very friendly with him—he speaks English—I have not known Potoski; he does not speak English; he speaks German and Russian, but not Yiddish—I did not say at the Police Court that he does—I spoke to him in German when I met him—I have seen the prisoner and Potoski on two or three occasions at Mr. Hart's office—they were there when an affidavit was signed—I believe the prisoner understands Yiddish—I am sure he does not understand German, because I have tried to speak German to him—I translated the document to Potoski in the prisoner's presence, after which they signed it, and we all three went round to Mr. Turner's office, who gave me the oath to translate to Potoski—he gave me the book and I kissed it—I was not swearing the affidavit, it was an oath to faithfully interpret—I interpreted it to Potoski, and I had interpreted the sense of it to him before I went there, and the other parts I translated at Mr. Turner's office—they both held the Hebrew Bible and kissed it—I used a mixture of Yiddish and German, and interpreted to the best of my ability—Mr. Turner did not show them the document and ask them if the contents of it were true—he did not say, " Do you swear that the contents of this affidavit are true, and that that is your signature, so help you Jehovah"; I said that—I do not think Mr. Turner gave me the words.
Cross-examined. The prisoner understands English, but Potoski does not, and I was there to translate to him—I had nothing to do with the prisoner till Mr. Cash, Mr. Hart's clerk, asked me to interpret—when I did not know a word in German I put in a word of Yiddish—the prisoner
cannot read or write English—the affidavit was not read over to him in English in my presence, neither at Mr. Hart's or Mr. Turner's office, and I was present the whole time—it was signed before they went to Mr. Turner's—Mr. Turner did not administer the oath in English.
BY THE COURT. First I was sworn as interpreter, and then Mr. Turner put a further oath which was not put to me—he spoke in English for me to interpret the words, and I translated them into a foreign tongue.
Re-examined. The two men were present when the oath was given to me to translate, and both heard the English words and also the translation—I translated in German, but the words I did not know I substituted English, it was about half and half—Mr. Hart was their solicitor—I was present when the instructions for the affidavit were given—they were given in German—I cannot say whether Mr. Hart read this affidavit in English to him or whether his clerk did it.
MR. HUMPHREYS contended that there was no case to go to the Jury; the prisoner could neither read nor write, and Order38, Rule13, stated that when an affidavit is sworn by a person who is illiterate or blind, the officer shall certify that the deponent seemed perfectly to understand it after it had been read over to him in the presence of the Commissioner; in the case of Longstaff, 54 "Law Journal, " Q.B. 516, Kay, Justice, ordered the affidavit to be taken off the file, as, although it had been read over to the deponent by the clerk, it was not done in the Commissioner's presence; and in the case of Reg. v. Hailey, 1, " Carrington and Payne" 258, the affidavit was signed with the deponent's mark, but the jurat did not state that it had been read over to him, and no evidence being given that it had in fact been so read over, and Justice Littledale refused to let the case go to the jury; that it was for the prosecution to prove the essentials, one of which was that the deponent must know that he was swearing something which was untrue, and that it was read over and that he knew what he was signing and swearing. Mr. Oliver submitted that according to the interpreter's evidence the prisoner understood Yiddish, and that he interpreted the whole document to him in Mr. Hart's office, and Mr. Pearl had sworn that he had spoken to the prisoner in Yiddish, German, and Russian, and he understood it, and therefore he must have known what he was swearing; and further that the prisoner could not be called illiterate, as his actions proved quite the contrary. The Common Serjeant considered that if the prisoner swore they the affidavit was true, without knowing what was in it, that being really false, he would be guilty; he declined to stop the case, but would reserve the point if it became necessary.
The COURT called the following witness at Mr. Humphreys' request.
BY MR. Oliver. Both the defendants were present when the instructions were given—I do not speak Yiddish or German—I received the instructions from Mr. Cumberland; I think he spoke in German—the answers came in English from the interpreter—there was only one answer—I asked him what defence he had—he said, " I never had the goods "—Mr. Hart and I appeared for the prisoner at the Police Court, and I turned
up on the second occasion for him—Potoski was not present on the first occasion—I have seen him—a warrant was asked for him and granted, and he has not been found.
BYMR. HUMPHREYS . Zaphilos appeared to the summons and Potoski did not—he afterwards left us and instructed Messrs. Osborn and Osborn—we are not acting for him now—I am not sure whether I had known Zaphilos before that, his name is familiar to me—he cannot speak a word of English—he brought me the writ, and I asked him through the interpreter what his defence was, and he answered through the interpreter, " I never received the goods "—I drew up this affidavit—I was present when the interpreter read it to Potoski in Mr. Hart's office, and he said something in German which I did not understand—it was not read over to the prisoner—it was signed in Mr. Hart's office by one and marked by the other—it is incorrect for the Commissioner to say that it was signed in his presence—the jurat says, " They made their mark and signature to that in my presence, " but they did not do that in his presence at all—I was in the office and Mr. Turner's clerk was present; we met him coming down the road—the affidavit was not read over to the prisoner in Mr. Turner's office; from the time I prepared it to the time it was sworn nobody ever read it over to him—I am not sure whether Potoski was present; I might tell you that I had the greatest difficulty; I had to get it all through myself.
By the COURT. I only asked him one question, and his answer was, " I never received the goods "; I got all the rest of it by working at the man—I got the name of the foreign firm and 100 dozen of stamps from the same source; I got the reply that they had given the order and signed it but had not received the goods—I got the specific statements in Paragraph 2 from Potoski and from the interpreter—I said that I only asked him one question, but this was afterwards—I received instructions to answer, that was four days before—in answer to the affidavit I asked the two people what defence they had; the affidavit was brought to me by the other side, and I took instructions for an answer—on that interview Mr. Potoski was by himself, that was after the summons was served, and on the following morning I sent for them and they came, and I asked Potoski what defence they had, and he explained the whole matter, and said that the parcel was ordered and had not come by the Great Eastern Railway—I could not get on with him; I could not make out what he meant—he said that a parcel of goods had arrived from abroad; I questioned him and could only understand that he had a good defence, and sometimes I got a telegram and sometimes a letter, and I thought I was justified in making an affidavit upon those facts that he had given the order and had to pay the carriage, and I took it for granted that the writ had been issued before the goods were delivered.
BYMR. OLIVER . It did not strike me that it would be as well to ask for further information; this was a very exceptional case; I do not think there ever was such a case where one foreigner signs his name and speaks English and the other does not.
The Common Serjeant considered that the case ought not to go any further, and Counsel did not address the Jury. NOT GUILTY .
Before Mr. Justice Darling.
Frank George Waylett(176 K) produced and proved a flan of the ground floor of99, Prince of Wales Road, Custom House.
ERNEST SIBLEY . I am a labourer, of 99, Prince of Wales Road, Custom House—the deceased was my mother—the prisoner's wife is my sister—she and the prisoner were married in March, 1902—prior to that the prisoner was a lodger at my mother's house, 99, Prince of Wales Road—he is a greaser on board ship—after the marriage they lived at 1, Tree in Pound Lane, which is not far from 99, Prince of Wales Road—after the marriage the prisoner was away, following his calling from time to time—I did not see much of him after he was married—he last returned home from sea on Thursday, May 14th—I did not see him between May 14th and 17th—on Sunday, the 17th, my sister came to our house and stayed there until the 21st—on the Sunday she made statements to me—on May 17th when she came in she was sober, but she was crying—next day I saw the prisoner outside our house—he asked me if my sister was coming round home—I said, " No, not to be knocked about "—he said, " I am going round to chop the home up "—he left me, and I saw him no more that day—he seemed perfectly sober; he shouted a bit when he said it—I saw him next day, Tuesday; he called at my mother's house—I answered the door—he said he wanted my sister to come round home to pack his bag—I ordered him away from the door—we had a lodger named Rouse—I saw him there on that afternoon—the prisoner asked Rouse to come down and look what he had done to the home—Rouse went away with him—next day, the 20th, I saw the prisoner again, he came to our house in the afternoon—I answered the door—he said he wanted my sister to go round home to pack his bag—he did not say why he wanted it packed or whether he was going away—I ordered him away again,, and he went—I saw him again about 11 p.m.—I was just coming out of my porch—he was in the road, about thirty yards from my house—the deceased was crossing the road near the prisoner, who was going towards her—he did not get up to her—I got up to him before he got to her—I said to him, " Jack, what are you doing round the house at this time of night? "—he made no answer—I repeated the question—he said he was going away that night, and he wanted my sister to pack his bag—I said, " Yes, you have got a nice home to take that girl to "—he then wanted me to go up to the Prince of Wales and have a drink with him—he said he was going away and I must go and have a drink with him—he said, " Remember I have asked you for the last time to have a drink with me "—I understood he meant before he went away—I refused, and he went up the street—my mother had gone indoors by that time; I went in also—on May 21st I was at home between 4 and 4.30 p.m.; there was a
knock at the door—I answered it—it was the prisoner—I asked him what he wanted at our door again—he said he wanted my sister to go round home to pack his bag—my mother came down the passage to the door—she heard what passed between the prisoner and myself—she said, " Why, Jack, you would never let anybody pack your bag when you were lodging along with me "—he said it was the soap and matches he wanted—my mother said, " You can easily go and buy them yourself, Jack"—he said something about having no money; he did not say what he had done with it—he said he had given my sister some—before that I told him I would not have him at the door creating a disturbance, and I ordered him away again—he asked me to go up to the Prince and have a drink—I refused—Rouse was there and overheard the conversation—the prisoner asked him to go—Rouse accepted; he came in and got his coat and went—the prisoner did not seem friendly or unfriendly to my mother while he was speaking—about 8.30 the same evening I was in our kitchen; my mother was sitting opposite me—my sister, Rouse, and a Mrs. Cooper were also in the room—I heard a knock at the front door—my mother answered it—the room door was open, and when she went out she closed it behind her—I heard the prisoner's voice at the front door say, " Where is my wife? "—I got up and went towards the passage—I got to the door leading to the passage when I heard the report of a revolver—I rushed towards the front door—I met my mother coming back—she said, " My God, Ernie, I am shot "—I saw the prisoner just behind my mother in the passage—he had a revolver in his hand, which he pointed at me—I rushed at him and closed with him—we both fell on the floor—we had a struggle, which was ended by the revolver being taken out of his hand by Rouse, who came from the kitchen—I left Rouse holding him and ran for a doctor—I first rushed from the passage and saw my mother lying on the hearth-rug on the floor—having seen a doctor I went to the Customs House Police Station, and returned with Constable Murphy—the prisoner was given into his custody—my mother was dead before the doctor came—the prisoner appeared quite rational.
Cross-examined. The prisoner was not violent when he came to our house—he did not speak badly of my sister—each time he came he said he wanted her to pack his bag—he used nearly the same words on each-occasion—I have never seen him after a heavy drinking bout—I had seen a tidy bitof him—I was living at home for part of the time that he was lodging with my mother—I never saw him under the influence of drink while he was lodging at our house—I did not know that he had a revolver before going to sea on a previous occasion—he lived in my mother's house for about two years—I was there for about nine months of that time—just before he said he was going to chop his home up he asked for my sister to go home with him—she had left him on previous occasions and had gone back with him—on one occasion he had come round and asked his wife to pack his bag—when he was sober he seemed to be quiet—since being married he has made one long trip and three short ones—the short trips were to different parts of America, and the long one to New Zealand and Australia—when he came ashore he always had pay—on the night
of the death, when I heard him say, " Where is my wife Vhe seemed to be standing outside the hall door—the Tuesday afternoon was the last time ' I opened the door to him—when I went to the door on that day at 4.30 my mother came out directly after—she heard what passed—there was nothing violent in his behaviour—he did not seem to be in a bad humour with my mother.
Re-examined. The prisoner went to sea while he was lodging with my mother—there was no suggestion then that he was not of sound mind—my sister had left him two or three times—she then came to my mother's house—she made statements to us when she came—I have seen the prisoner drinking beer and also whisky, but mostly beer—I have never seen him drunk or the worse for drink.
BY THECOURT. I never saw anything about the prisoner to ` Road—I knew the deceased very well indeed—I have lodged in her house ever since I was a little boy—I remember the prisoner marrying Miss Sibley—on Tuesday, May 19th, about 5 p.m., I saw him outside 99—he asked me to have a drink—he also asked me to go and see his home at 1, Tree in Pound Lane—he said he had smashed it up, and wanted me to have a look at it—I went round—he occupied three rooms; I went into two of them—all the furniture and crockery ware was broken up—Mrs. Cooper was there—the prisoner and I were in the yard, and she was at her window upstairs—I said, " Jack, you are a fool for what you have done "—Mrs. Cooper said, " That is quite right, Harry; for what he has done, he called me a rotter"—she came downstairs, and said, " What did you call your mother-in-law? You called your mother-in-law a sow, didn't you? "—he said, " Yes, and I will do so again "—I said, " You will not, Jack, in front of me "—I left the house a few minutes afterwards—next day, Wednesday, I went with the prisoner's wife to the Magistrates at West Ham—a summons was obtained by her, and I went with her to Tree in Pound Lane—the prisoner was standing at his door—he beckoned us over; we went over—he asked his wife to go indoors—she said, " No, not to be knocked about again "—he said, " All right, " and she went away towards her mother's house—I said to the prisoner, " Jack, you have put your foot into it this time, she has got a summons out against you—he laughed, and said, " I can always laugh at those people by the whistle of a ship "—I then overtook his wife—I next saw him on Thursday afternoon, May 21st, when he came to our house and saw Ernest Sibley, and asked him to have a drink—I accepted the prisoner's invitation, and went with him and had a drink at the Prince of Wales—I had two halves of mild, the prisoner had two halves of stout—the prisoner paid for it—we were in the public-house about ten minutes—I came out with him, and saw the deceased going up the street—the prisoner went across the road to her and spoke to her—I do not know what he said—he was with her two or three
minutes—he came back to me and said, " I have asked the old lady to come and have a drink, and she won't"—I went towards home and left him—the deceased had gone into some shop—about 8.30 p.m. I was in the kitchen—the deceased was there with the prisoner's wife and Ernest Sibley—I heard a knock at the front door—the deceased went out to answer it—I heard the report of a firearm—I and Ernest Sibley went into the passage—the deceased passed Ernest and fell into my arms, and said, " I am shot, I am shot"—I put her on the sofa, just inside the kitchen door—I then went to Ernest's assistance, who was struggling on the floor with the prisoner, who had his hands under him—I put my hand under him and took a revolver out of his right hand—I put it into my pocket—Ernest was trying to get it from him, and the prisoner was preventing him—the struggle lasted two or three minutes—this is the revolver—I retained it until the constable came, when I handed it to him—I detained the prisoner until he came—the prisoner said, " Let me get up, Harry "—he repeated that twice—I said, " No, Jack "—I did not let him get up till the constable came—he said, " Let me turn on my side, Harry "—I said, " No, Jack "—he said no more until the constable came—he did not seem to be excited in any way, or the worse for liquor.
Cross-examined. I did not hear any words before or after the shot was fired—when the knock came at the door I was sitting farthest away from the door, and on the opposite side of the table to the door—Ernest was sitting on the same side of the door, and on the opposite to where I was—there was only about a minute between the deceased going to the door and the shot being fired—Ernest got to the door before I did—I did not notice any chopper or anything at the prisoner's house—the furniture appeared as if it had been chopped up—I said to him, " You must be mad, Jack "—he boasted of what he had done—I thought that was strange—he did not seem to be drunk or in a passion—when he asked me to go and see how he had chopped up his furniture he seemed quite quiet—he looked me in the face—he did not look as if he had been drinking, except what he had with me—Tuesday was the first time I saw him to speak to after he came hack from sea—he talked rationally, and walked along with me sober enough—when he was on the floor he seemed quite quiet as far as anything he said—he was not struggling when he said, " Let me turn on my side, Harry "—I saw him struggling with Ernest—I had not much difficulty in getting the revolver away from him—his conduct did not appear to be strange—I knew that the shot from his revolver had wounded Mrs. Sibley—it seemed strange that he should be so cool—if he had not known that he had hit anybody, and if the revolver had gone of! accidentally, I could understand him saying, "Let me turn on my side, Jack"—I was present on Thursday when Ernest and the deceased were talking to the prisoner at the door—the prisoner wanted his wife to pack his bag—the deceased said something about his having done it for himself when he lodged with her—I do not think I heard what he replied.
Re-examined. I have known the prisoner two or three years—I have never seen anything to lead me to think that he was out of his mind.
Pound Lane—we occupy part of the house, and the Prisoner and his wife the rest—on Sunday, May 17th, we were away—on Monday, May 18th, in the morning, the prisoner called me down into the kitchen, and said, "Have you heard about our row? "—I said, "No, what is it all about? "—he said, " I said to my wife, ' I suppose you want to go and carve the dinner for the lodgers; ' she said, ' No, I don't, there is someone there to carve it'"—he said no more, but went into the yard—he was pointing to a stone cross in the yard, and saying he was not satisfied with it—he had bought it—it was to go on a grave, but I don't know on whose—I think he meant that his wife was not satisfied with the cross—he called the old lady a wicked old bitch—he said he had asked Mrs. Sibley to sleep with him before he had married her daughter—I said whatever the mother had done was nothing to do with the daughter—he made no answer to that, and I went upstairs—I saw him next day, Tuesday—he was in the yard, about six o'clock, with Rouse—I wereupstairs—I heard Bouse say to the prisoner, " You are no man "—I said, " Hear, hear, he is no man; he called me a rotter"—I came downstairs, and said, " What did you call your mother-in-law? "—he said, " An old sow "—Rouse offwith his coat, and was going to hit him, but there was nothing more, and they went away—I was at 99, Prince of Wales Road on May 21st—I remember the deceased going out to answer a knock at the door—I heard the prisoner say, " My wife, " and then I heard a shot fired.
Cross-examined. On the Tuesday morning the prisoner apologised to me for what he had said, and said he was in drink when he said it, and was not responsible for it, and he would apologise 100 times over if necessary-he called me a rotterat the same time that he referred to the deceased offensively—that was about 8 p.m. on Monday—he was then drunk—on the Tuesday he apologised to me in front of my father—he seemed very quiet—between 12 and one midday he came in and said, " Oh, Missis, quick, quick, I am shot; I am dying, I am dying "—my husband answered him—I did not ask him what he meant—when my husband spoke to him he only laughed—my husband said to him, " All right, old man, don't pegout until I have had my dinner." I did not notice anything about him on Wednesday—we bolted the door on Tuesday night, and the prisoner must have gone out over the fence, because when my husband came down in the morning the door was still bolted and the prisoner had gone out—the prisoner came in by the field and over the fence because the children were mobbing him so—it was known about the place that he had broken up his furniture—he knew what he was doing, and said he meant to do it—I was in the house when he was doing it—we went down to try and stop him, he was then in the act of doing it—he used a chopper and a hammer—he was not shouting—he locked himself into the room first—when we talked to him he unlocked the door—we told him it was better to sell the things than to break them up—he said he would do as he liked, he was in his own place—I did not stand talking to him—I saw him through the door for a minute, and then I went away—he spoke in his own tone, he was not excited—the only noise was the noise of his hacking the furniture and the falling of it about the room—he began about 7 p.m.
on Monday, and he must have been going at it up to 11 o'clock; it was getting very late, because the police said they would have locked him up for annoyance if it had been later, but he was not disturbing us before we went to sleep—the police went up and saw him doing this about 11 p.m.—there was a crowd outside, you could not get near the house—the prisoner asked the police to come and see his broken furniture—I did not hear what they said to him, as I was in the street then—my father lived with us—he did not say to the police, " Why don't you lock him up, why don't you take him away? "—I went for the police for protection, because I was then alone in the house—I was in the street, I heard a smash; the prisoner had thrown a kettle through the window, and I ran off for the police at once, with my baby in my arms—my husband went down to see if the fowls were ail right—the prisoner called out, " Are you there? "—my husband said, " Yes, " and the prisoner threw the kettle through the window—I was in the street—I thought he was hitting my husband, or something, so I ran off for the police—next day people were following the prisoner about and hooting him in the street—that went on right up to the time he donethe crime—when the prisoner first came home from sea he seemed a very civil man—he took his wife about, and they seemed a very happy couple—when he came home on the Thursday morning, a week previous, he seemed very nice to my idea, he was very sociable to his wife, and taking her about and buying flowers and one thing and another for her.
Re-examined. When I returned on the Saturday night the prisoner's wife had gone away—he got drunk after he had smashed up the furniture—. he had two gallons of beer in the house—I believe he drank most of it—on Wednesday and Thursday he seemed to be getting over it—he never seemed worse for drink after the Monday—he seemed to be in his ordinary senses—I saw him at his home on Thursday about 5 p.m., he came indoors and said he had lost his key—he seemed very nice then, and spoke all right.
BYDR. COUNSEL . All the prisoner said about the stone cross was, " She is not satisfied with it "—he did not say who—I did not go into no details with him—there was no talk of any other cross that I know of—he spoke to me about the cross on the Monday before the breaking up of the furniture—he did not say he had sent his" wife away from home—the stone cross was standing by the door, and he pointed it out to me; it is there now—he bought it coming home from sea this time—it was a proper tombstone—I do not know why he bought it.
ROBERT LIVING . I am borough architect, of 125, Broadway, Plaistow—my father and I are landlords of 1, Tree in Pound Lane—on May 19th, about 5 p.m., I was at the house—I saw the prisoner in his rooms surrounded by his furniture, which had been broken up—I picked up a bill and placed it on the table—I asked the prisoner if it was a sailor's advance note and if it was the one he was looking for—he said, " No, that is what all this bother is about "—I asked him what bother—he said, "My wife has ordered some furniture in my name, and has taken it to her mother's, " and he added, in a jocular manner, " I intend to have my revenge, but,
at the same time, I shall not take it in a revengeful manner "—I did not notice any traces of drink on him.
Cross-examined. I went to the house because I saw a great crowd outside, and I went in to prevent anybody aiming stones and breaking down the railings, as they sometimes do—I went into the passage because I had heard that the prisoner had been breaking up his furniture, and I was afraid that some of my father's furniture would be broken with it-there was a sergeant and an officer, so I felt safe to look round—I saw the prisoner in the passage—he had a knife in his mouth; he kept it in his mouth while he was talking to me—it was a rather large pocket or seaman's knife—he asked me into the kitchen—I went in, and said, " Halloa, what have you been doing? " that was when I saw all the furniture was smashed up—he said, " I do not know, I have smashed up everything, everything has got to go; my wife, " or " my old woman, has taken away the pictures, so I cannot get at them "—he asked me to look for the seaman's advance note—he appeared to be dazed; I took him to be mad—when he said he intended to have his revenge, I said, " What are you going to do? " but he seemed to be in such an excited manner, which I took to be madness, and he had this knife in his mouth, and grinned, that I did not quite hear what he said—when he found the advance note he gave a shout—he wanted me to give him ₤1 for the advance note, which was for ₤2 if he joined his ship that night, otherwise it would be void—I did not give him ₤1 because I heard he was not going to sail that night—the other ₤1 was to come off the rent that he owed—I tried to humour him, because I saw the condition he was in—it made me feel I was in a perilous position—I thought I should not be safe with him.
Re-examined. I do not remember ever having seen him before—I saw no signs of drink about him—he kept the knife in his mouth, except when he flourished it at me and said, " What are you going to do, are you going to pay me, or what? "—I did not go there to collect the rent—I asked him what value the advance note was, and he said ₤2—the proposal was his that I should give him ₤1 in exchange for it and that the rest should come off the rent—he flourished the knife after the conversation and after I had the note in my pocket book—he handed it to me to change—I said if he sailed I would send the money on to wherever he liked—he then wanted me to lend him 5s. on it—I said I could not do that—it was then that he flourished the knife—all of a sudden he jumped up from where he was bending over the table and rushed out of the house—he got hold of my bicycle, which was outside, and brought it in, and said, " This will get me five bob."
By the COURT. I humoured him because I thought I saw trouble—I had the note in my hand then—I did not see anything insane in all that—he said, " I can get it changed at the Prince "—I said, " All right, come along do that and you can give me what you like "—he came up to me; I said, " What have you there, is it sharp? "—he brought the knife down, he felt the blade, and said, " Ah "—he then ran out of the house—the police were outside, they saw him, and I thought that they might know that he was mad—I did not tell them what he had been doing—I thought
they had humoured him to keep him quiet until they could get him away—I told the detective about the knife and the bicycle—in Custom House it is rather customary for a man when he is drunk to throw stones and kick up a noise.
CHARLES MURPHY (508 K. ) On May 19th I was called to 1, Tree in Pound Lane, by Rouse—there was a crowd outside—I asked the prisoner what he was doing—he said, " Smashing up what belongs to me; I turned the Missusout, I have only smashed up what belongs to me"—he shut the door, and I cleared the crowd away, it was mostly children—another police officer was there, and Mrs. Cooper was with the prisoner, who seemed quite sober and spoke rationally—at 5.10 p.m. on the 21st I saw him in Prince Regent's Lane speaking to the deceased—they talked for about four minutes, when they parted—about 7 p.m. I saw the prisoner again in Prince Regent's Lane, which is quite close to Prince of Wales Road—he said " Good evening " to me—he was then sober and rational—I next saw him about 8 p.m.—he asked me what time the postman went round—I told him that 9 o'clock was the last post about there—he then went and stood outside the Prince of Wales public house, which is about 100 yards from 99, Prince of Wales Road—he appeared to be quite sober and rational—about 8.40 I was on duty in Prince of Wales Road, and saw the prisoner's wife running up the street—she made a statement to me, and in consequence I went to No. 99, where I saw the prisoner being held on the floor of the passage by Rouse, who said that the prisoner had shot a woman, and he gave me this revolver, which I put into my pocket—I told Rouse to hold the prisoner "and not to let him get away—I went to the assistance of the injured woman, who was lying on her back in the kitchen—I lifted her on my right arm—she said, " My son-in-law——" and then stopped; the doctor came and saw her and said she was dead—I then went to the prisoner; I caught hold of his collar to pull him up—he said, " What is up? What have I done? "—I told him I should take him into custody—I searched him, and found this razor on him and this box of cartridges in his inside pocket—I took him to the station and handed him over to Inspector Fowles, with the cartridges.
Cross-examined. I have known the prisoner about three years—when sober he was quiet—I have never seen him drunk, I always thought him a very respectable man—I did not see him on the Tuesday night—when I saw him talking to the deceased on Thursday I did not notice Rouse—the prisoner and the deceased appeared to be in good humour, and the prisoner appeared to be in a good humour at 7 p.m.—he did not tell roe why he wanted to know when the postman went round—on Tuesday he had not the appearance of a man after a drinking bout—I did not get close enough to smell his breath—when I pulled him up off the floor in the passage he said, " What is up? What have I done? " very quietly—I told him I should take him into custody for shooting a woman—he made no reply to that—he seemed to understand what I said—he did not resist me in any way—I had to send for another constable because a crowd had collected—I did not notice any crowd outside the prisoner's house on Monday—I was on duty at the bottom of the road—the constable on the
beat would pass it, I should not do so—on Tuesday I passed the end of the street, and seeing a crowd outside his house I went up to see what was the matter.
GEORGE PROBETT . I am a commission agent, of 27, Hill Street, Custom House—I know the prisoner—I remember seeing him on Thursday, May 21st, between 5 and 5.30 p.m.—he showed me an advance note and asked me if I could get it changed for him—I said I would try to do it within half an hour's time—he said he had had a little trouble down home, and that he had turned his wife out—he asked me if I had any coppers on me; I gave him some—he said his wife had gone to live at her mother's since Sunday night—he was sober and seemed all right—he was not excited—the advance note was nearly torn in half.
Cross-examined. I have never said he was the worse for drink on that occasion.
CHARLES GARNER (120 K. ) On Thursday, May 21st, about 11.30 a.m., I saw the prisoner in Stratford Broadway—he said, " Can I speak to you a moment? "—I said, " Yes. What is your trouble? "—he said, " I have trouble at home with my wife and a lodger; my wife has employed a solicitor, and what can I do? "—I said, " I am not in the streets to give information in those cases; there is a police Court and a police station close by where, no doubt, you will get information"—he said, "Is there a solicitor's office close by? "—I said, " There are two or three over the way "—he left me, and I saw him with some man on the opposite side of the road—I thought he was suffering from the effects of drink, he was so much excited.
HENRY FOWLES (Police Inspector K. ) On May 21st, about 9.20 p.m. I was called to 99. Prince of Wales Road—I went into the kitchen and saw the deceased lying on a rug, she had a bullet wound in her left breast, nearly over her heart—this six-chambered revolver was handed to me, it was loaded in all chambers—one had been discharged—I also saw this box of cartridges (Produced)—at 10.15 I went to Canning Town Police Station, where I saw the prisoner—I told him he would be charged with the murder of Mrs. Sibley—he made a statement, which was taken down by Inspector Nicholls—the prisoner was sober, but he appeared to have been drinking earlier in the day.
Cross-examined. He might have been having a heavy drinking bout—I did not see him on the Monday previous.
ALFRED NICHOLLS (Police Inspector K. ) On the evening of May 21st, I went to 99, Prince of Wales Road, and saw the deceased—I subsequently went to Canning Town Police Station, where I saw the prisoner—I-told him I was a police officer and should charge him with the wilful murder of his mother-in-law. Hannah Sibley, by shooting her in the left breast with a revolver, at 8.45 that evening, at 99. Prince of Wales Road, Canning Town—I cautioned him that whatever he said I should take down in writing and give in evidence against him—he said, " I have a revolver, too; I shot her dead; I put the revolver and the cartridges in my breastpocket; there was a tin box of cartridges; I bought the revolver and the cartridges; I do not know that you ought to put the revolver against
me at all "—after the charge was read over to him he said, " It is quite right, Sir, I let the revolver go, but not to kill the lady; twenty minutes before that I asked her to come and have a drink with me; I have too much respect for her to kill her, I liked that lady too much to kill her; one of her lodgers was with her, Harry Rouse; I bought the revolver near Canning Town Railway Station "—he appeared to have been drinking heavily and was recovering from the effects of it—I should say that at that time he was certainly sober and understood what was being done.
CECIE BARRY . I live at 11, Baling Road, Canning Town, and assist my father, who is a photographer and dealer in guns—I first saw the prisoner on May 21st, when he came to the shop about 3 p.m., and asked for a revolver for his waistcoat pocket, and about a dozen cartridges—I showed him a small revolver—he said he wanted a large one—I sold him this one and this box of cartridges (Produced)—the price was 10s. 6d.—he did not say why he wanted it—he said he did not want a pin-fire revolver, he had already had one and it went off in his pocket—he asked me if I would have his name—I said it was not necessary—he asked me three times, and I said, " I will take your name "—he gave it as " John Guion, 1, Tree in Pound Lane, Custom House "—I did not notice anything about his manner or appearance.
Cross-examined. I do not suppose I should have sold him the revolver if I had noticed anything about his manner or appearance—he pressed me to take his name and address—I did not ask him for it.
By the COURT. He paid me for the revolver—a pin-fire revolver is not much more dangerous unless you drop it, when it may go off; it is safer to choose a central fire one.
ANDREW KENNEDY .—I am Borough Divisional Surgeon, and live at Baalam Street, Plaistow—at 9.20 p.m. on May21st, I was called to 99, Prince of Wales Road—I found Mrs. Sibley lying dead in the kitchen with a wound over her left breast—the shot had gone through her clothing, but it was not singed—I subsequently made a post mortem, the bullet went through the centre of the breast bone, and then through the right oracle of the heart, then through the right lobe of the liver, broke the ninth right rib, and lodged under the skin in the right flank—the cause of death was hemorrhage from the bullet wound in the heart and liver—I found the bullet, and com-. pared it with the spent cartridge case, which it fits—I saw the prisoner at the station on the same night—I told the sergeant that he must be warned in relation to being examined—he was warned, and he said, " Oh yes, I do not mind being examined "—I examined him; he had some powder stains on his shirt front, he had no blood stains; he was sober,. but dazed and stupid, which is a condition often associated with beer or drink—the deceased's wounds could not have been self-inflicted with her right hand.
Cross-examined. The prisoner appeared to be recovering from a drinking bout—I had not seen him before that night—I have heard the evidence given to day—when there are cases of a man acting as Mrs. Cooper describes, the usual course is to give a certificate to the relieving officer, and the man is taken to the observation ward of the workhouse, and is kept there for
a fortnight—the ward certificate would have on it, " Query unsound mind "—If I was told that the prisoner, in addition to chopping up his furniture, had previously broken up asphalt, cut a watch chain to pieces, and hammered a watch out of shape on different occasions, after a drinking bout, it would have made me very suspicious as to the state of his mind, but unless I actually saw it, I should not be justified in certifying him insane—one does not certify on hearsay evidence—if a drunkard breaks up his furniture, I always send him to the workhouse, and they keep him there until the next visiting day of the Justices; the object of it is to prevent crime, and to have him under observation—drink has a very different effect on different people, it renders some quarrelsome, some maudlin, and some mad—if there was evidence of acts similar to those deposed to to-day committed by a person on a number of antecedent occasions, the state of his mind might render it impossible for him to resist an impulse to do a certain thing—if a man destroyed valuable property for no reason, it would be strong presumptive evidence of insanity—repeated drinking bouts bring about a feeble state of mind—I do not think I could say that they would render a person's mind obscured, so as to be unable to realise the nature of his acts—the passage of the house was quite dark—there was a lamp-post some way up the street, but no light at the door—I think it was a fine night.
Re-examined. I have heard that the prisoner was drunk on the Monday night when he was destroying his furniture—the description of his condition is sufficient to show how he was when he was breaking up the furniture.
JAMES SCOTT . I am the medical officer at Brixton Prison—I have had the prisoner under my observation since May 22nd—I have had opportunities of seeing him on many occasions—I consider he is at present sane, and has been so while he has been under my observation.
Cross-examined. He made a statement to me—I cautioned him about not telling me anything he did not wish to—he said he had no ill will towards Mrs. Sibley, that when he went to the house he wished to fire a shot, not to aim at any person, but in the hopes of frightening his wife, in the hopes of making her return home with him; that the deceased had seen the gleam of the revolver barrel; that she snatched at it and it went off but that he did not know he had shot her until he was in the cells.
Prisoner's Defence. I went there with no intent to hurt anybody, I only wanted to make a noise to get my wife to go home, Mrs. Sibley opened the door; she said, "Jack, " she caught the revolver with both hands, and it went off, I did not intend to hurt her or anybody else, I bought the revolver to take abroad to make money with, I had done so with a bicycle before; and I have traded with revolvers before, and made money by selling them in the different parts where I went.
GUILTY of manslaughter . Ten years' penal servitude .
MR. BIRONand MR. LEYCESTER Prosecuted; and MR. GRANTHAMand MR. THOMAS Defended.
SARAH WILLS . I am married, and live at 4, Mount Place, Ilford—the prisoner is my daughter—she is single—until this happened, she lived with me—she worked in the fields—she has not been to work since Christmas—I noticed she was in the family way, and I told her of it three times—she made no reply—I said she would have to go to the infirmary—on Sunday, May 24th, she slept in a bed by the side of mine—she got up before I did—I got up about 8 a.m., and when I got downstairs the prisoner was at the wash tub—she seemed pretty well—I took no notice of her—we had breakfast together; she got up from the table and went to the water closet at the back of the house—she was there for ten or fifteen minutes—when she came back, I did not notice anything about her—I said, " You don't seem well, you had better leave of! the wash tub and go and get a paper, and go to the workhouse, "—she made no answer—I went out to get her sister to go with her—I was away for ten or fifteen minutes; when I got back she had gone—I went to the closet, and found some small spots of blood about the floor, there were none on the seat—I had been there about 8.30—there was nothing to be seen there then—the prisoner did not return until the 27th, about 4.45 a.m.—I opened the door to her—I said, " Good God, where have you been, your father has been looking for you everywhere? "—she made no answer—she had made no preparations for the confinement, and had not mentioned it to me.
Cross-examined. I think the prisoner is of rather weak intellect—I do not know who is the father of the child—I do not know if she was taken advantage of one day in the fields—she never denied that she was in the family way, she never said yes or no—she had had one child before.
EMILY DENMAN . I am the prisoner's sister—on May 26th she came to. my house—she only said she had come to see me, and that mother and her had had a few words—later in the day I got a letter from my mother, and the same evening the prisoner went with my husband to the station.
Cross-examined. I had not seen her for some time before she called on me.
WILLIAM EVERLEY . I am ten years old—there is a field by the river Roding where I was playing one morning with some other boys—I do not remember the date, it was last month—there is a manure heap there—I kicked some of the manure, and saw a baby's head and legs—I took the body up the bank, and my friend John Lyons got a sheet of brown paper, and I wrapped it up and took it to the police station—when I found it, it was wrapped in an old apron; there was some manure over it—we were running up and down the heap.
Cross-examined. We often play there—there is a public footpath, and the river is close by—the parcel was in about the middle of the heap.
EDWARD JONES (33 K. ) I was at Ilford Police Station on May 28th, when two little boys came in, bringing the body of a baby; it was partly covered by an old apron, and that was covered by brown paper—it had
a piece of tape three or four times round its neck, and tightly tied—I sent for Dr. Phillips—I took the body to the mortuary—it was not interfered with until the doctor saw it.
WILLIAM FLEMING PHILLIPS . I am a registered medical practitioner at Ilford—on the afternoon of May 28th I was called to the police station, where I saw the body of a newly-born male child; it was not very dirty and not very clean—there were no marks of violence upon it except some tape round its neck, which was wound round four times and tied at the side—the afterbirth was also there, the cord not having been severed—I afterwards made a post mort mexamination of the body—I believe it had had a separate existence, but I cannot say that it had—it was born at or near full time—apparently no attention had been paid to it at birth—it had not been washed—later in the afternoon I saw the prisoner—with her consent, I examined her—I came to the conclusion that she had recently been delivered of a child
HENRY GRAL (Detective Sergeant. ) On May 28th, in the afternoon, I went to 4, Mount Place, where I saw the prisoner—I said, " I am a police officer, and shall arrest you for having concealed the birth of a male child, of which you were delivered on the 25th inst."—she said, " Yes, I am sorry; I had it in the w.c, and took it upstairs and put it into an apron and threw it by the Roding. My mother kept on at me, and said I should have to go into the House, or I should not have done it"——I conveyed her to Ilford police station—on the way she said, " Who found it 1He never even gave me a drink when he done it."
Cross-examination. She gave me all the information she could—she did not deny anything.
ALFRED NICHOLLS (Detective Inspector. ) On May 28th, I went to Ilford police station, where I saw the prisoner in custody—I told her I should charge her with wilfully murdering her newly-born male child on May 25th—I cautioned her that whatever she said I should take down in writing and give in evidence against her—I then charged her—she said nothing then, but while waiting to be searched she saw this old apron and the piece of tape on the table, which I had taken from the baby-she said, " After I had done it, I left the house and put it where it was found. I did not go home again, I slept at a woman's house that I met that night. I returned home on Tuesday night and slept in the w.c.; I went indoors next day "—on seeing the apron she said, " That is mine."—whilst waiting to go before the Magistrate next day, she commenced to talk—I again cautioned her—she said, " It fell down the w.c. pan and wriggled about. I took it out and tied the tape round its neck. I put it under my skirt and went across the field and put it under the manure heap."
GUILTY . Recommended to mercy by the Jury on account of her weak intellect. Twelve months' hard labour. (See next case) .
No evidence was offered. NOT GUILTY .
MR. BODKINand ME. LEYCESTER Prosecuted; MR. TURRELL Defended.
LILY STAPLETON . I lodge with my cousins, Mr. and Mrs. Williamson, at 16, Hawksley Road, Walthamstow—the prisoner also lodged there—I got on intimate terms with him, and used to walk out with him—I remember Mr. Smith, the father of Ellen Smith, calling at the house, about Easter time—he asked me in the prisoner's presence if I was aware that his daughter was in the family way by him—I said I was not—he asked the prisoner if he was going to marry her—he said, no, he was engaged to me and not to Ellen, he did not love her, and therefore would not marry her—I said he could please himself, I did not want to tie him—he continued to lodge at the house after that—I asked him to go to Ellen—he said he would never go to her—I went out with him after that, because I believed in him, and did not know whether to accept the statement of Mr. Smith or not—on Sunday, May 17th, the prisoner got up at 10.30—he had his breakfast, and said he was going off to his club—he came home at 3.30, and I gave him his dinner—while having it he asked me if I would go out with him—I said, no, I would not, I would rather he went to Ellen Smith, I did not wish to have anything more to do with him—he did not say any more—I cleared his plate away and went into the garden—I returned to the house in about five minutes—he met me at the door and put his arm round me to kiss me, as I thought, instead. of which he shot me—all I remember is hearing five shots, and his saying, " God bless you, Lil"—I then found myself lying in the scullery, but how I got there I do not know—he then fired another shot, wounding my finger—Mr. and Mrs. Williamson came down and attended to me, and I was subsequently taken to the hospital—I stayed there a fortnight—I had some wounds on my head—I had previously seen the prisoner in possession of a revolver—he used to carry it in his pocket—I used to ask him what he had got it for, and he said he liked to carry it about.
Cross-examined. After seeing Mr. Smith I continued on the same terms with the prisoner because I believed in him, I did not believe Mr. Smith—we remained up to May 17th as an engaged couple after he told me he did not intend to marry Ellen, and that he did not love her—he did tell me he had had a blow on his head—he was sometimes strange in his manner—I would not, say he had been drinking on May 17th—I had known him for about two months—he was rather proud of the pistol, and showed it to me on many occasions when I went out with him.
EMMA WILLIAMSON . I am the wife of John Williamson, of 16, Hawksley Road, Walthamstow—the prisoner came to lodge at our house between three and four months ago—he is a working man, and paid 12s. a week rent—I remember Mr. Smith coming to the house about a month or six weeks before the shooting occurred—the prisoner and Lily Stapleton were recognised as being engaged—on Sunday, May 17th, the prisoner came home in the afternoon—he was not drunk—I served him with his
dinner and then went upstairs—I next heard fire arms—my husband and I went down and found Lily Stapleton in the scullery with her head in her hands, but conscious—the prisoner was lying on the floor, conscious—I attended to her and put her in a room by herself, and then sent for the police—I found some cartridges in the prisoner's room—he told me he had a revolver, but I had never seen it.
Cross-examined. The prisoner generally had a drop of beer on Sundays, on other days he does not have any—he had told me he had had a blow on his head at some time.
JOHN WILLIAMSON . I live at 16, Hawksley Road, Walthamstow—on May 17th I was called down stairs, and found the prisoner on his back in the scullery with a revolver in his hand—I saw he had shot himself in the chin—I took the revolver from him and threw it down—he then said, " Where is Lil, I want her? "—I said I did not know—he then said, " I want to get to her "—he got up and tried to get through the door at her—he picked the revolver up—he went out into the garden, and was. trying to re-load the revolver—I threw him down and took it from him, and took him back into the kitchen and looked after him till the police came.
Cross-examined. When he got up in the scullery he said, " Where is Lil, I want her? Is she all right? "
By the COURT. I then said, " I don't know where she is "—he then said, " I want to see her, I want to get at her; I want to get to her."
ERNEST LESLIE YOUNG . I live at 9, Sanford Terrace, Stoke Newington, and am in the employ of some gunsmiths at Station Road, Walthamstow—I recognise the prisoner—he had this revolver repaired at our shop, and bought 100 cartridges to fit it, about four months ago.
JAMES HILL (3 N.R.) On May 17th I was called to 16, Hawksley Road, Walthamstow—I found the prisoner in the back kitchen—I said to Williamson, who was there, in the prisoner's presence, " How did this happen? "—he said, " He has shot the young woman in the next room and himself"—I went and found Lily Stapleton, and then came back and told the prisoner I should arrest him for attempting to murder her—he said, " Let me see Lily Stapleton; I should not have done this but for the drink, and she upset me "—I searched him and found twelve cartridges on him—I examined the revolver, and in it were five empty cartridges and two empty chambers—I took the prisoner and Lily Staple-ton to the hospital, and then went back to the house, where I found two bullets in the whitewash of the kitchen, and I subsequently received two bullets from Dr. Laurie.
LANGWORTHY LAURIE . I am house surgeon at Walthamstow Hospital—the prisoner and Miss Stapleton were brought in—I attended to her and found that she was suffering from four bullet wounds on her head, and from shock—at the bottom of one of the wounds I found a
bullet—the skull was not injured—the prisoner was suffering from two bullet wounds, one was on the point of his chin; there was no bullet in it, but I took a bullet out here—there was a second wound in his neck—the bullet is probably in the muscles at the back—the man and woman remained in the hospital about a fortnight—they both recovered completely.
Cross-examined. I said before the Magistrate that the shots were fired rapidly, also that the shots causing the prisoner's wounds were fired in rapid succession without consideration.
By the COURT. I should say the revolver could not have been within a foot of the girl when it was fired.
ARTHUR KEMPFIELD . I live at 5, Hawksley Road, Walthamstow, and am a member of the Essex Club there—I went there on Sunday, May 17th, in the morning with the prisoner—we left the club to come home soon after three—I walked home with him; he was all right—he had four half-pint glasses of beer at the club.
JOHN MARTIN (Police Inspector. ) On May 30th I took the prisoner into custody at Walthamstow Hospital—I told him the charge, and he seemed somewhat upset, and commenced to cry—he said, " I am very sorry; I was drunk, or I should not have done it; I bought the revolver from a young man at a public house, and the bullets I bought at a shop in the Station Road "—he was afterwards charged and made no reply.
Cross-examined. I found the statement was true with regard to the purchase of the revolver and the bullets.
LILY STAPLETON (Re-examined. ) The prisoner promised to marry me—under promise of marriage and by force I allowed him to have connection with me—by force I mean he showed the revolver to me, but he did not say he would do anything to me—he pulled it up to the top of his pocket and asked me if I knew it was there, and I then allowed him to have connection with me—I was afraid of him.
GUILTY DR. SCOTTstated that he had had the prisoner under observation and found no trace whatever of mental disease or insanity, but that his intellect was of a low order, and that there was a mark upon his head. Penal servitude for life .
Before J. A. Rentoul, Esq., K.C.
562. EDWARD TOOMEY(35) and JOHN GRAY(24) PLEADED GUILTY to breaking and entering the counting house of the Managing Committee of the South Eastern and Chatham Railway Company, and stealing therein a safe and other articles and ₤82 4s. 2d. their property, TOOMEYhaving been convicted of felony at Maidstone Assizes on March 5th, 1892, in the name of Edward O'Burke . TOOMEY, Five years' penal servitude . GRAY, Nine months' hard labour.
Before J. A. Rentoul, Esq., K.C.
MR. HUTTON Prosecuted.
GUILTY . WALKER, Four months' hard labour; STEELE, Six months' hard labour .
MR. MORRIS Prosecuted.
THOMAS ROBERT INGALL . I am a labourer, living with my mother at 71, Camden Grove North—on May 24th, about 10p.m., the prisoner came to the house—I had gone to bed, and I believe my mother had too—he knocked at the door, and I opened it—he said, " Halloa, Tom, how are you? "—I stepped forward to him, and he pointed this revolver at me and fired two shots—I closed with him, threw him to the ground, and took the revolver out of his hand—I held him on the ground for a minute or two—a policeman came up, and he was given into custody—I was not injured—I did not speak to the prisoner first.
HORACE GOLDSMITH (575 P.) On May 24th, about 10.30 p.m., I noticed a crowd in Camden Grove—I went up and saw the prosecutor in his shirt sleeves—I asked him what was the matter—he pointed to the prisoner and said, " He has fired two shots at me from a revolver "—I asked him where the revolver was, and a man in the crowd gave it to me—the prisoner said, " It is not my revolver "—he had been drinking—I took him to the station and charged him—he said, " I will do it like a trooper "—I searched him and found this cartridge (Produced) in his right hand jacket pocket.
EDWARD BADCOCK (Police Inspector D. ) I received this revolver from Goldsmith on May 24th—it contained four loaded cartridges and two discharged ones—I compared the loaded ones with the one found in the prisoner's possession, and they corresponded—I afterwards went to 71, Camden Grove, and in the porch I found two small recently-made holes in the paster, about two feet from the ground.
Prisoner's Defence. " I never intended to shoot him, only to frighten him." GUILTY. Six months' hard labour .
MR. COHEN Prosecuted.
between 8.30 and 9 p.m. suffering from a wound in the globe of her eye, and wounds on the brow and lid—she was admitted the following day, and it was found necessary to remove the eye—the wound could have been caused by a broken glass being thrown at her—I do not think the right eye will be affected.
ALICE CASTLING . I am the wife of Thomas Castling, of 6, Saddle Place, Lambeth Row—on May 28th I went into the Dover Castle public house, Westminster Bridge Road—the prisoner was in there when I went in—I said, " Halloa, Mrs. Hickey "—she said, " Halloa, you rotten b——d, why have you not summoned me? "—I said, " I would rather you give me a good hiding and let it blow over "—she then threw a glass at me, which hit me in the eye—it hurt me very much—I was taken to St. Thomas's Hospital, and they kept me there a week—I am still in pain.
Cross-examined by the Prisoner. I did not strike you at all—three weeks before we had some words about a handkerchief, and you threatened to blow my brains out.
ALICE JONES . I am sister-in-law of the prosecutrix, and live in Garry Street, Peckham—on May 28th, between 6 and 7 p.m., I went with her into the Dover Castle—the prisoner was in the bar—Mrs. Castling said "Good afternoon " to her—she replied, " Halloa, you rotten b——d; why did not you summon me? I mean to have your two eyes out when I do fight you "—Mrs. Castling and I had a glass of ale each and went out—we went back in about half an hour—my sister in law went in first, and immediately came out with her eye bleeding before I had time to go in—I did not see the glass thrown—the prisoner then came outside and said to Mrs. Castling, " I have given you what I promised you for a long time."
Cross-examined. I did not see the prosecutrix strike you—I did not see your mouth bleeding.
PERCY DURBAN . I am barman at the Dover Castle—on May 28th in the evening the prisoner and prosecutrix were quarrelling in the bar, and I ordered them out—they went out together—shortly afterwards the prisoner came back with three other women, and two or three minutes later the prosecutrix came back—I refused to serve them and went to the other end of the bar—I then heard a smash of glass and noticed Mrs. Castling bleeding from her face—I did not see the prisoner throw a glass—there are always several glasses on the counter within the reach of anyone in the bar.
BENJAMIN GULLY (Police Sergeant L. ) About 10.30 on May 28th I saw the prisoner, detained at Kennington Road Police Station—I told her who I was, and said, " The woman you have assaulted is now in St. Thomas's Hospital with her eye out; I shall charge you with maliciously wounding her "—she said, "'I am sorry I doneit; I did not mean to cut her eye out "—this glass (Produced) was handed to me—when charged she made no reply—I ascertained at the hospital that an operation was necessary.
Evidence for the Defence.
Mrs. Castling struck the prisoner in her eye—they had a scuffle, and the glass got broken.
Cross-examined. I live with the prisoner—we had been in the Dover Castle four or five times—Mrs. Jones was not in the bar when Mrs. Castling struck the prisoner—she was with Mrs. Castling in the bar earlier in the day—the prisoner was drinking her beer when Mrs. Castling struck her—they then had a struggle, and in the struggle the glass got broken.
The prisoner, in her defence, said that she was in the Dover Castle when the prosecutrix came in and struck her twice in her eye and mouth; that she (the prisoner) had a glass of ale in her hand, and in warding off the blow the prosecutrix hit the glass into her own face. NOT GUILTY .
MR. F. J. GREEN Prosecuted.
GEORGE HOBBS . I am a carman of Peckham—on May 23rd, about 1 a.m., I was in High Street, Borough—the three prisoners came up to me, and O'Neil asked me to stand him a drink—I told him to go away—he said, " Get hold of him, " and Blackwell got hold of my left arm, Jones of my right arm, while O'Neil went downmy trousers pockets—I had a sovereign and four shillings in my waiscoat which they did not touch—they found no money, and O'Neil struck me at the back of my neck—in the struggle I must have lost the 4s.—they let go of me, and I ran as hard as I could towards St. George's Church—a policeman caught me up, and asked me to go back with him and identify the men—I did so—I have no doubt that Jones and O'Neil are two of the men.
Cross-examined by O'Neil. I did not say at Southwark that you hit me on the shoulder—I have never seen you before.
WALTER FROMANT (237 M. ) I was on duty in High Street, Southwark, at 1 a.m. on May 23rd—I saw Jones and Blackwell holding the prosecutor and O'Neil rifling his pockets—I saw O'Neil strike him, knocking him down—when they saw me they ran away—I knew O'Neil and let him go—I went after the other two and caught them—they were afterwards identified by the prosecutor.
Cross-examined by O'Neil. I cannot say what part of his body you hit—you struck with your right hand.
Cross-examined by O'Neil. A woman pointed you out to me as the one who struck the prosecutor—she was looking out of a window—she is not here.
O'Neil's statement before the Magistrate. "I plead not guilty. I would not spoil my character by putting my hand in his pockets. He struck me with his belt."
Jones's Defence. "I am innocent of the charge brought against me."
O'Neil's Defence. " I assaulted the prosecutor because he struck me with a belt. I had no intention of robbing him."
JONESand O'NEIL GUILTY— Six months' hard labour and six lashes with the cat each . BLACKWELL— Discharged on his own recognisances .
JOSEPH THOMPSON (Detective P. ) About 10.30 p.m. on May 10th I saw the prisoner at 217, Waterloo Buildings, Camberwell—I said, " I am a police officer; I have come to arrest you for contracting a bigamous marriage with Alice Emma Castle, your wife being alive "—he said, " I will come with you; if there is any breach of the law I am to blame, not her, she knows nothing about it"—I said, " Your wife has been living at Loughborough Junction, and you have been informed of it on several occasions "—he said, " They may have done "—on the way to the station he said, "It is best to get the matter over"—at Camberwell Police Station he said, " That is my wife, I never expected to see her; I did not know she was alive; I had not heard of her till several months ago "—this is a corrected copy of the certificate.
ALICE EMMA CASTLE . I live at 217, Waterloo Square—the prisoner lives there—I went through the form of marriage with him on October 6th, 1901, at Twickenham—he said he had been a widower nine years—through quarrels he used to speak of giving himself up—I inquired why—that caused my suspicions, and my brother went to Somerset House, as the prisoner said his wife was buried at Hanwell—about seven weeks ago I inquired of his aunt, as he said she knew of his wife's death—I found that was not so, and in consequence I went to the police—I lived with him till seven or eight weeks ago—he left me and came back—I lived with him about eighteen months—he treated me very badly, and told me several times to go, and said he should stop there—it was my home.
Cross-examined by the prisoner. You had not seen your aunt for a long time, but you went several times and met her—you told me where the aunt was, and you gave me an account of your wife's death, the date, and everything, after the marriage—before marriage you told me you had been a widower for nine years—it was starvation to live with you, you called it misfortune, and I had to go out to work to keep the place together—we separated once—you left me for a week or two—my brother found you had moved from your lodgings—-I did not send him.
WILLIAM KING . I am a fishmonger, of 31, Bryanstone Street, Ramsgate—the prisoner was married to my sister in March, 1876—she is outside now—they have lived apart 15 or 16 years—during that time my sister has been living at Peckham and Camberwell—they could not agree, I was told.
There was no evidence that the prisoner knew that his wife was alive within seven years. NOT GUILTY .
Before Mr. Common Serjeant.
MR. MUIR Prosecuted, and Mr. Travers Humphreys Defended.
WILLIAM SERJEANT(Detective Sergeant R. ) On September 13th, 1902, I was watching with Inspector Divall, and another officer, a stable at 182, Ford Road, Old Ford—I was in concealment, and at one time I could see the inside and hear what was said—two men named McNally and Burdon came to the stable with the prisoner—after watching a little time the three were arrested for stealing and receiving butter and other things from a van on the previous day—I heard the prisoner tell Divall that he had the Devons Arms public house in the Devons Road, Bromley—he said something about a trap, and he requested to be allowed to go there—he was not allowed—I took him to the station—he got away while I was trying to get a cab in Ravens Road—he said, " I am going this way, " and dashed off—I ran after him, calling out, " Stop, thief! "—he escaped—I reported to the inspector at the station—acting under his instructions, I made a note in my book of what had happened—I assisted in the search for him for over a week—I was transferred through losing him.
Cross-examined. I heard him say to Divall, " I want to go home to put matters straight, because my wife is away "—I know now that she was away.
CHARLES SMITH (Detective H. ) On September 13th I searched the Earl of Devon public-house at Bow—in a cupboard on the first floor front room I found 21 cardboard boxes, of which six are here, marked " Trefusse et Cie "—Mr. Hill, of Trefusse et Cie, afterwards saw them at Leman Street station, the police having communicated with him.
Cross-examined. The boxes were given up except four, and four pairs of new gloves which are here.
MATHEW CHARLES HAROLD . I am a clerk in charge of the entering room of Trefusse et Cie, 6 and 7, Hart Street, Wood Street—everything that leaves the house passes through my hands—on July 10th, 1902, stock was taken—180 dozen of gloves were missing, value ₤250, from the warehouse, near the top of the stairs, and 14 ft. or 15 ft. from the goods lift—some of them had been taken from one side of a fixture and some from the opposite side, about four square yards from each other—we have eight floors, and on five we store gloves—I saw 15 empty glove boxes of those we had lost on June 12th at the Southwark Police Court—the gloves I saw were not the sizes marked on the boxes—two boxes had 7¼ladies'; that is a special size, and not recognised in the trade—three dozen were packed in a box—there were enough to supply 24 or 30customers—the boxes were not new as we would send them out—these boxes contain the wholesale price mark, which we never send out—they
are included in one order of which the number is 2, 701 is the stock book—they came into stock in 1902—they were never sold.
Cross-examined. Four packers were dismissed in November last, partly in consequence of the loss, and precautions were taken—a stranger is not allowed in the stock-room—we have men on each floor to look after customers, and a commissionaire at the door to see that no one comes up with parcels—everything is signed for by the commissionaire.
Re-examined. These four pairs of gloves were specially made for a firm in Cheltenham, and were returned—we sold them in single pairs—we only deal wholesale—the 21 boxes of gloves would be of the value of over ₤80.
The prisoner in his defence on oath said that he bought the gloves as he bought other things from a dealer named Ted Hall, of Hazard Street, Bethnal Green, at14s. 6d. a dozen, in May, and paid the cheque produced of May 26th, and the balance in gold a week or fortnight afterwards, with a view to selling again at a profit, and that Hall died on June 26th last year. A certificate of the death of Edward Hall at that date was produced.
Evidence for the defence.
WILLIAM PORTMAN . I am a nautical instrument maker of 45, Quilter Street, Bethnal Green—I knew Edward Hall, a dealer, as TedHall—he died on. June 26th last year—I frequently met him—about the middle of May he showed me about half-a-dozen pairs of gloves at Fenchurch Street Railway Station—the prisoner came up while we were in conversation—Hall asked me if I knew where he could sell a quantity of gloves—I said it was not in my line—he asked 18s. a dozen pairs—I stayed during the transaction with Leigh—I did not hear what Leigh gave, but I heard that he had made a deal with Hall—I heard the bargaining going on for some time.
Cross-examined. I had known Hall from boyhood; we lived close by one another, and I was in his company daily or nearly every day—I used to meet him at Fenchurch Street as he came from the docks in his business.—I attended race meetings with him, and last year we were at Epsom four days in June—this bargaining was about a fortnight before that—I also went to Ascot with him on the Cup day—the bargaining was in Railway Place—he showed me the gloves in a public-house—he said he had fifty to sixty dozen—sometimes he has a sextant to sell—I got to the Earl of Devon about 6 that evening, and heard from Hall that the prisoner had bought the gloves—I stayed about an hour—I have no shop—I do not know that my name is in the Directory.
Re-examined. I have not looked at the Directory—I have never had a charge against me—Hall kept his goods at the back of his premises—he dealt in coffee, tea, rags, boots, leather, gloves, and anything he could make a profit out of.
Evidence in reply.
gloves at Leman Street Police Court on October 7th—some of the boxes had the number of our order 2701 of April 15th, 1902—part were delivered into our warehouse on May 26th, part on May 28th, and the final portion on June 10th, 1902—the gloves and boxes produced are a part of that order.
Cross-examined. I missed some of the goods on June 28th, but finally on taking stock on July 10th, when there were 60 boxes or 180 dozen missing, value ₤250—seventeen boxes were returned to us after leaving four with the police, which have the initials " W. H." in the corner, and the number 2701 is here, but some of the boxes relate to other orders—we put the gloves returned by the police into stock—the boxes were tied up and kept in my office—after the employees left we put the goods into new boxes and hoped to find the guilty party—on May 26th we checked into stock twenty-three boxes of the 2701 order, and on May 28th thirteen boxes—the invoices and the book in which they are entered are the only references—the invoices show the dates—order 2001 arrived in four days, which is unusual—there is a book in which we signed for the goods, which bears the dates when they were received.
Re-examined. On June 10th thirty-seven boxes were delivered—there were seventy three boxes—I took seventeen boxes to the first floor on the Saturday afternoon in the manager's presence, and we went over the matter and re-boxed them and put them back into stock—I can absolutely swear to the goods.
JAMES HORNCASTLE . I am a master wheelwright, of 246, Cambridge Road, E.—I knew Edward Hall, a dealer, and have some of his catalogues of goods here—I have met him at railway sales—I dare say he attended other sales—I attend sales—I have seen Hall buy chests of tea, white lead, turps, oil, and iron, dress material, silks, gloves, and anything that suited him at sales—Mr. Tomlinson was one auctioneer—I bought of him engine oil, turps, and white lead.
GUILTY on the second count. He then pleaded guilty to a conviction of felony at this Court in October1891. (See Vol. 114, p. 1269.) He received a good character. Four years' penal servitude .
MR. ROOTH and MR. SIDNEY CLARKE prosecuted.
JOSEPH SULLIVAN . I lodged with the prisoner and his wife at 1, West-minster House, Mardyke Street, Walworth—the prisoner and I worked together as newspaper sellers—on the night of April 20th I was with him and his wife—we had been drinking—there was a drunken quarrel when we got home—his wife and I got to words, and I shovedher back against the window—the prisoner, hearing the row, asked me why I called his wife
names, and I answered him back—he then struck me but did not hurt me—I turned round and said, " Bill, we will go out and have a fight and see who is the best man "—I asked him three times to go out and have a fight—he agreed—as I went to the frontdoor, he came behind me with a razor or some sharp instrument—I did not see it—I felt a stroke at the back of my neck behind my ear—I said to his Missus, who was there, " He has done it, " and ran to the Rodney Road Police Station—when I got there I fell down, and somebody picked me up and took me inside—I was then taken to Guy's Hospital—I was kept there a month—the prisoner and I have been friends for fifteen years, and if he had not been in pain he would not have done it—I do not want to prosecute him.
Cross-examined by the prisoner. You were lying on the bed asleep and drunk—I did shoveyour wife's head through the window and broke it.
FRANCIS MACKAY (Police Inspector L. ) On April 20th Sullivan came to the Rodney Road Police Station suffering from a large wound in his neck, about six inches long, from the back of his right ear to the centre of his throat, and bleeding freely—he said something to me, and in conse-quence I went to 1, Westminster House—I saw the prisoner and told him I should arrest him for attempting to murder Joseph Sullivan by cutting his throat with a razor—he replied, " I don't know what you are talking about"—while putting his boots on he said, " The man wanted to do for me, and I have done for him"—he afterwards said, " I never had a razor"—I took him to the station—the prosecutor, who was in the charge room, being attended to by the doctor, pointed his hand at him and said, " That's him "—I charged the prisoner and he made no reply—the prosecutor was taken to the hospital and detained a month.
DR. JAMES HUTCHISON . On April 20th, about 10.15, I was called to Rodney Road Police Station—I found the prosecutor there suffering from a large and dangerous wound on the right side of his throat, six inches long and an inch deep, which was bleeding copiously—this razor could have produced such a wound—there are marks of blood on it now—the nerves on that side of the prosecutor's body have become implicated and he is gradually losing the power of his arm—it will be a very long time before he will be able to do any work—I sent him to Guy's Hospital—I think Constable Woods probably saved the man's life by the prompt and intelligent aid he rendered him, and he deserves great praise—a large artery was not cut, otherwise it would have been likely to end fatally.
HENRY PATERSON (Police Sergeant L. ) On April 21st, about 5.30 a.m. I went to the prisoner's house and searched his room—I found this razor in a drawer in the sitting room—it was splashed with stains, apparently blood—I saw the prisoner at the station and told him the razor had been found—he made no reply.
Evidence for the defence.
SUSAN KNOWLES . I am the prisoner's wife—on the night of April 20th he and I and the prosecutor were all out together drinking—when we got back my husband went and laid on the bed, and the prosecutor knocked a frying pan over—I called him a name, and he called me one back and pushed my head through the kitchen window—I woke my husband up
and told him what the prosecutor had done—he hit the prosecutor, who challenged him out twice to fight—that is all I know.
Prisoner's defence. " On April 20th I and the prosecutor had been drinking all the evening; when I got home I laid down on the bed, being drunk, and fell asleep. The next thing was my Missuswoke me up, and I said, ' Halloa, what's up? ' She said that prosecutor had knocked her head through a window, and also knocked her about. I heard him call her a name. I suppose I was mad drunk; I got hold of a razor and donewhat I did, for which I am extremely sorry. I had great provocation."
GUILTY of maliciously wounding without a felonious intent . Eighteen months' hard labour .
Before Mr. Recorder.
MR. JOHNSON Prosecuted, andMr. Burnie defended Adams.
DANIEL MACKINTOSH , M.D. I live at Homleigh, Sheen Gate Gardens Mortlake—on Wednesday, May 20th, I left home at 4.25 p.m.—nobody was in the house then—a gold pin and a gold penknife were on my dressing table, and a silver cigar case on the dining-room table—the servants had left the house just before me—I went to see the King and Queen open Kew Bridge—I returned at 5.45—the front door had been forcibly opened, there was a mark on it 2 ½ inches long by l1/8inches wide, and which fitted exactly with a jemmybrought to the house—the box lock was forced back and the nails which fastened it to the jamb were drawn out of the wood—the house was ransacked from top to bottom—this cigar case (Produced) is mine and is one of the things stolen—my servant was at the house when I returned.
ROSE MARTIN . I am servant to Dr. Mackintosh—on May 20th I left the house at 4.20, leaving the doctor behind—I am the only servant—I returned at 5.30, and could not get in because the catch of the door had been put up inside—I looked in at the window and saw Adams standing in the hall—I went to the house opposite for assistance—before I could get any the two prisoners came out at the front door—I swear they are the men—I went up to them and said, " What are you doing there? "—Wilson replied, " It is all right, Miss, we have seen the lady "—there is a lady, but she is away visiting—the prisoners ran up Sheen Lane as fast as they could—I chased them as far as I could, then I went down to the corner of Sheen Lane and lost them—I saw a constable and told him—when I saw Adams coining out of the gateway he was writing in a pocket book with a pencil—they were at the gate when I spoke to them—on May 24th I was at Barnes Police Station, and picked Wilson out from eight or nine others—on May 25th I was at Mortlake Police Court, and I recognised Adams among four or five other men.
Cross-examined by MR. BURNIE. I looked through a small window at the side of the door into the hall—I did not stop looking long—I had never seen Adams before—I think he was watching me to see which way I was going—
they came out of the gateway very quickly—I crossed over from the opposite side of the road and spoke to them—I saw them for about a minute and then I saw their backs when they ran away.
Re-examined. I was looking towards the house when the men came through the doorway—I did not see them come through—I saw them go into the garden by the tradesmen's entrance—they were close to me while they were at the gate—I am positive that they are the men.
WALTER LIDDIARD . I am a foreman labourer and live at Mortlake—on May 20th I was at work at Sheen Gate Gardens; about 5 p.m. I saw the prisoners walking up and down—they were there for about five minutes—Adams appeared to be writing in a book—I next saw them on the 25th at Mortlake Petty Sessions—I picked them out—I was doubtful about Adams, but to the best of my belief he is the man—I am sure of Wilson.
Cross-examined by MR. BURNIE. Adams was dressed in dark clothes when I picked him out, and so was the man writing in a book.
WALTER MOLD . I am a labourer of Mortlake—on May 20th I was working at 5, Vicarage Gardens, which is near East Sheen Gardens—I saw the prisoners walking about there about 5.30 p.m.—on May 24th I picked Adams out, and Wilson three or four days later—I am quite sure they are the men.
Cross-examined by MR. BURNIE. I watched which way the prisoners went—their sharp walking drew my attention to them—I watched them for quite a minute until they were out of sight—they were at the gate and I was at the front door, when I first saw them—I had never seen them before—Wilson was nearest to me.
By the COURT. I saw their faces, because they kept looking round—that is how I came to notice them.
GEORGE BASS . I am a carman of Mortlake—on May 20th I was near East Sheen Gardens—about 5.30 p.m. I saw the prisoners—I have no doubt about them—I know them—they were coming from Sheen Gate Gardens and going in the direction of Little Sheen Common—they were walking sharp—I identified Wilson on May 24th at Barnes Police Station—I picked him out from eight or nine others—I picked out Adams on June 2nd at Mortlake Police Court from nine or ten others.
Cross-examined by MR. BURNIE. I saw Adams for about three minutes—I was not in my cart—they passed me—I saw Adams before they passed me, and after they had passed, Wilson turned round and laughed at me—when I first saw them they were five or six yards away, and I saw them for about twenty-five yards after they had passed—they were walking very quickly—I am sure they are the men.
WALTER GOSS . I am assistant to Mr. W. Clears, a pawnbroker of Gold-hawk Road, Shepherd's Bush—I took this cigar case in pledge on May 20th from Adams—I gave him 10s. for it—I had not seen him before I picked him out at Mortlake about May 25th.
Cross-examined by MR. BURNIE. I picked him out at once—we do not take a great many pledges in a day—it was about 7 p.m. when Adams came in—that is not a busy time—another man was in the shop.
corner of High Street, Mortlake, about 4 p.m.—I saw the two prisoners mixing up with the crowd before the King passed—I did not know them—I followed them—they seemed to notice me—I followed them up to Richmond Road, where I missed them—I did not see them again until I identified them—they were going towards Sheen Gate Gardens—on May 25th I examined Dr. Mackintosh's house—I found two marks on the front door which corresponded with this larger jemmy (Produced), which has a rough edge—a box which had been forced open had marks on it which corresponded with this smaller jemmy (Produced).
Cross-examined by Wilson. I did not take you in charge when I saw you because I had not seen sufficient—I did not know you before, but I had seen you in the neighbourhood of Barnes.
ALBERT CLARKE [Detective. ) On May 24th I met Adams in Old Comp-ton Street—I told him I was a police officer and should arrest him for being concerned with another man in breaking and entering the house of Dr. Mackintosh at Mortlake on the 20th—he said, " Very well "—I conveyed him to the station, where he said, " I will give my right address, as I never keep anything there, 47, Euston Street, Euston Square "—he lives there—it is not a lodging house.
FRANK PIKE [Detective Sergeant. ) About midnight on May 23rd I was outside 4, Irene House, Sulgrave Road, Shepherd's Bush—I saw Wilson enter No. 4—he opened the door with one of these keys (Produced)—Clarke was with me—I said I was a police officer and should arrest him—I refused to say what for, I said I would tell him when I got him to the police station—I took him to Hammersmith station, and then told him he would be charged with breaking and entering the house of Dr. Mackintosh on May 20th—I found on him this electric lamp, two latch keys, and a knife—I went back to Irene House and with one of the keys found on Wilson I opened No. 4—I searched the kitchen, and in the dresser drawer I found these two jemmies—the larger one is made from a rasp—I have examined it with the marks on the door—it has left an impression exactly like itself on the door-I also found these scales and some pawn tickets—I saw Adams at 8.40 a.m. on the 25th detained at Cannon Road police station—I conveyed him to Mortlake police station and he was picked out by the witnesses—after the prisoners had been before the Court we brought them out for the pawnbroker to see. and Wilson said, " I know the man who has put us away, the dirty dog; it is a fine game giving information to the police "—Adams knew Wilson had been arrested, and he said, " If I knew the man I would knock his head in." GUILTY.†
They then pleaded guilty to former convictions, Adams at Clerkenwell Sessions on March19th, 1901, as Charles Evans, and Wilson at the same Court on November5th, 1901, as Arthur White. Fourteen previous convic-tions were proved against Adams and four against Wilson. ADAMS— Six years' penal servitude; WILSON— Five years' penal servitude .
Before Mr. Justice Darling.
574. EDWARD HILL(29), PLEADED GUILTY to feloniously setting fire to the dwelling house of Mary Ann Wallis, she and other persons being therein, having been convicted of felony at Newington Quarter Session on February 13th, 1901. Twenty previous convictions were proved against the prisoner. Ten years' penal servitude .
MR. HUTTONand MR. FORDHAM Prosecuted; MR. WILDEY WRIGHT Defended.
WILLERS, GUILTY of the attempt , Twelve months' hard labour . LANE, HASLAN, KNIGHT, and COOK, GUILTY of aiding and abetting, nine months' hard labour each .
MR. LEYCESTER Prosecuted.
EVA RIX . I am a domestic servant, and now live at Wimbledon—in May I was living at Kingston—I was at that time out of a situation—I have known the prisoner since just before Christmas—I have been walking out with him—we said we would get married—he said he had got no friends at all—I did not know that he was married—we were talking about being married since January—I am in the family way by him—I had told him of that—when we were married we were going to take a milk business—I was going to pay ₤50 and he ₤100—I had ₤50 in the savings bank—he said he had ₤103 in the Post Office Savings Bank—on May 28th I drew my ₤50 out, and on that day met him in the Claremont Road, Surbiton, by appointment—I had agreed that I should take my ₤50 with me, and he said he would bring his money—he overtook me about 7.30 p.m.—we passed the time of day and went straight to the station—we waited about twenty minutes for a train to Wimbledon—while we were waiting he said, " Have you got that? " meaning the money—I said, " Yes "—I asked him if he had got his—he said, "What have you got it in? "—I said, " I have got it in a little bag "—he said, " What in? "—I said, " In paper money "—I had put the bag on the top of my stays inside my bodice—he said he had not got his money, as he had sent the wrong number on his withdrawal order, but that he had sent another order and should get the money, no doubt, the next day—we went to Wimbledon because he said there was a business to be let near the common—we went straight up the hill to look for the milk business which was to be sold—he pointed two or three out—they were all shut up—we did not see anybody at any of them—he said, " The common is close, " and we went for a little walk on the common—it was then about 8.50 p.m.—he wanted to know if there were not lots of bushes on the common—I said no, but there were some a long way out—he did not say why he wanted the bushes—then he suggested walking to Raynes Park Station—I said no, we should get home too late, and it would be dark, and we should not know the way—he said, " Very well, we will go back to the station "—when we got on the
platform he suggested walking to Raynes Park Station—I said, "Is it very far, and will it take very long? "—he said about twenty minutes—we started off—there is a narrow path from the Wimbledon platform to Raynes Park, by the side of the line—I had never been there before—Raynes Park would be on the way to Surbiton—we only met two different couples in the path—we came to an archway—the prisoner said we would go a little way along there—we got about three parts through and then turned back and went into the pathway again, towards Raynes Park—while we were going along the path the prisoner set me against the railings and pulled me close up to him—then he dragged me to the other side of the pathway where there is a little corner and some grass—he threw me down at his feet—he put his hand under my clothes and pinched me very hard on my stomach—he did not say anything then—I was lying on my back—he began punching me on my stomach with his knees and fist, and gave me a blow on my face-he punched me hard three or four times, at the same time saying, " I will kill it, I will crush it out of you "—I said, " Don't do that; what are you doing it for? "—he took off my fur which I was wearing round my neck—that was just before I was on the ground—it was an old flat fur—he took out his handkerchief and put it round my neck—he crossed the ends in f ont and pulled them rather hard—then he unloosened it and again pinched me in the stomach—I said, "Do let me go; what do you mean to do? "—he said, " I will kill it, I will crush it out of you "—he took his handkerchief again—I do not know if he had put it away—I was frightened-he put his handkerchief round my neck again and pulled it hard until I began to lose consciousness—then I think he must have heard footsteps, because he set me on my feet—I do not remember that he said anything then—he began caressing me as if he was loving me—I looked round and saw a gentleman, who I now know to be Mr. Gibbs—he was coming from Wimbledon way—I asked him to protect me, as the prisoner was killing me—the prisoner kept saying, "Don't be silly, " and said he was taking me to Raynes Park Station—we all three walked there—a policeman was called and I gave the prisoner into custody—I was seen by a doctor that night and again next morning.
Cross-examined by the prisoner. You met me at 7.30—we went up to Sur-biton Station—you asked me if I should like a glass of ale—I said I would have a glass of stout—I do not know if I said I should like to get a business in Wimbledon, as I had lived there for twelve months—I did not take you up Wimbledon Hill—you told me the milk business was on the hill near. the common—you said you had forgotten the name of the shop, but that you would know it if you saw it—we walked on the common, but not till as late as 9.30—I said, " There are trees'over there and seats round them, " because I was feeling rather queer—when we got to the first seat there were two couples on it. and you said, " We won't sit on this one, we will go to" another "; I said, " All right, it does not matter, there is another one which is nearer home "—on the way to the station 1 did not put my hand on your privates—you did not say you would get two tickets for Kingston when we got to Wimbledon Station—in the pathway we stood by the railings—when you put your hard under my clothes I did not say
What are you trying to do? "—when we got to Raynes Park Station I do not know what tickets you took—I said I would not travel in the same compartment with you—I took a ticket from you—I stood talking to some men on the platform for about two minutes before I gave you in charge—they advised me to do so—I did not know you were married—my fellow-servants said so in fun, and I told you they had said so—I never asked you to leave your wife and family and live with me, and that you could allow them so much a week—I did not say I had ₤100 and would buy a business and that you could work for me, and that I would pay you the same as I would anybody else.
HERBERT LAUNCELOT GIBBS . I am a clerk in the Civil Service, and live at Wimbledon—on May 28th I got to Wimbledon Station about 10.10 p.m.—I then walked along the South-Western Railway path which leads to Raynes Park—it was dark—when I had got about three-quarters of the distance along the path the prosecutrix came running up to me, caught hold of my left arm, and said, "Save me, a man has tried to murder me "—she seemed exhausted—we walked along the path for about three yards towards Raynes Park, when we came across the prisoner, who said he was taking the lady to Raynes Park Station—I pointed out to him that he was going towards Wimbledon—he caught hold of the lady and tried to drag her away; I held on to her—he afterwards said to her, "If you go on like this you will be getting me into trouble "—We all three went to Raynes Park Station—I saw three or four porters on the platform, then I saw the booking clerk, and told him what had happened, and asked him to keep an eye on them, and if they went by train not to let them go in the same compartment—I went over to the other platform to catch the 10.40 to Kingston, but then I saw that a policeman was called, so I went over and told him of the footpath incident.
Cross-examined. When I came up you and the prosecutrix were not walking together—the procsecutrix ran towards me—part of the time she was walking by your side, and then you tried to pull her away—I told her I would see her on to the platform, so that she would be all right, as there were some people about—it was five or six minutes before you were given in charge—we got to the platform about 10.30—it was six or seven minutes after that that the policeman came—I gave him my address.
CONRAD ROCK . I am booking clerk at Raynes Park Railway Station—I was on duty there on the night of May 28th—I heard a noise outside the office—I looked out and saw a man and a young lady going towards the other platform—then Mr. Gibbs asked me to keep an eye on them—I followed them on to the down platform—the woman's eye was much swollen and blackened—I did not notice her dress—she seemed very mush excited—she spoke to me—the prisoner could hear what she said—she asked me if I was going to Kingston—I said no—the prisoner said to her, " You had better take your ticket and go alone "—I said, " He shan't get in with you "—the prisoner said he felt faint, and I told one of the porters to take him to a seat—he sat down—the prosecutrix told me what had happened, and I advised her to give the man in charge, and asked her if I should get a constable—she said yes, and I went and got one.
Cross-examined. You asked for a glass of water—I do not know if you got it—you were on the platform for eight or ten minutes.
ARTHUR TANSLEY (173 V. ) At 10.45 on May 28th I was called to Raynes Park Railway Station by Rock—I saw the prosecutrix and the prisoner there—she made a statement to me—the prisoner could hear what she said—she said he had assaulted her by striking her on the eye, tied a handkerchief round her neck and tried to strangle her. and jumped on her stomach—the prisoner made no reply—I asked her if she would charge him—she said yes, and I took him to the police station—I searched him—this handkerchief was found on him (Produced. )—I did not hear him say anything when he was charged—the charge was attempted murder.
Cross-examined. You asked the booking clerk for a glass of water, which was given to you—you told him you felt faint.
By the COURT. The prosecutrix looked very exhausted, and her eye was all black and swollen—I did not notice her dress or neck.
WILLIAM COURTIER (Sergeant V. ) I was in charge of Raynes Park Police Station on the evening of May 28th, when the prisoner was brought in by the last witness—the prosecutrix came with them—Tansley said, " This man was given into my charge for assaulting and attempting to murder this woman "—I said to her, " Tell me what led up to this, and all that happened "—she said, " I have known the prisoner for some time, we are engaged to be married; I am in the family way by him. I met him by appointment at Surbiton Railway Station to see about a milk business for sale at Wimbledon; we had a little time to spare; we went to a public house; I had a glass of stout, he had a glass of ale. We caught the 8.6 and travelled to Wimbledon. We went up the hill, and he told me he could not find the business, and we walked about the common. We then came back down into the town, and he said, ' We will walk back part of the journey home; we will go to Raynes Park.' He took me down the path, and near the other end to Raynes Park he struck me in the stomach, and said, ' I will crush it out of you.' He knocked me. down, struck me in the face, put his handkerchief round my neck twice, and pulled it so tight that I lost consciousness, and I thought of my Maker. I saw a young man coming along, and asked for protection."—I asked the prisoner for his handkerchief—I said he need not say anything unless he liked—I saw there was wet blood on it as he took it out of his pocket—I said he need not tell me how it came on it unless he liked—he said he wiped her nose with it.—when the prosecutrix said he placed the handkerchief round her neck the prisoner said, " I did not "—the prosecutrix said, " You did, you know you did "—a doctor was called to examine her—the prisoner was charged with attempting to murder Eva Rix by strangling her with a handkerchief—he said nothing
Cross-examined. The prosecutrix was not present when you took the handkerchief out of your pocket—when you said you wiped her nose with it I did not say to her, "Is that right? " she was being examined by the doctor then—I gave the doctor the handkerchief before he went upstairs to examine her—she corroborated you about that later.
and divisional surgeon of police at Wimbledon—on May 28th, about 11.30 p.m., I was called to the station at Raynes Park, where I saw the prosecutrix—she seemed calm—she had a mark on the left side of her neck about half an inch in length, there was tenderness over the throat generally, especially over the thyroid cartilage—she had a severe contusion over her left eye, her abdomen was tender, but there was no sign of bruising—there was a sign of dry blood round her mouth, I could not say where it came from—the mark on her neck might have been caused by a handkerchief being pulled tightly round it—I saw her again next day, there was a general discoloration round her neck which was not there the night before—there-was" still" ho bruising on her abdomen, but it was tender—she was pregnant—a very considerable amount of violence must have been used.
ROBERT WILLIAMSON (Detective Officer. ) On the morning of May 29th I was present at Wimbledon Police Court—I saw the prisoner there after he had been before the Magistrates—he asked me if I had seen his wife in Court—I said, " No, are you a married man? "—he said, " Yes, my wife and four children live at 7, Belle Vue Road, Kingston; I am in the employ of Mr. Hocking "—I went to that address, and there saw a woman and four children.
The prisoner in his defence on oath stated that he met the prosecutrix and they went towards Wimbledon Common to look at three or four businesses, as they wanted to buy one; that on the way she took liberties with him, so that he got into a rage and passion; that on the path he took liberties with her, when a fit of weakness and giddiness came over him, and he seemed to lose his senses for a time; when he came to they were both on the ground; that he picked her up, and she then said he had put a handkerchief round her neck and tried to murder her, but that he never did do so; and that he never told her that he had₤100.
H. L. GIBBS(Re-examined. ) I cannot say whether the woman had her fur boa round her neck, it was dark and I did not see anything.
EVA RIX (Re-examined. ) I put my fur boa on after I got to the police station—when the prisoner took it off I carried it on my arm—it is not. true that the prisoner never said anything to me about ₤100—he promised. to marry me—I did not know he had a wife.
GUILTY . He then pleaded guilty to a conviction of felony at Guildford on December6th, 1899. He received a good character since leaving prison. Ten years' penal servitude .