CENTRAL CRIMINAL COURT
ELEVENTH SESSION, HELD SEPTEMBER 8TH, 1903.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
MESSRS. BARNETT AND BUCKLER.
Short-hand Writers to the Court,
STEVENS AND SONS, LIMITED. 119, CHANCERY LANE.
Law Booksellers and Publishers.
On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Tuesday, September 8th, 1903, and following days.
Before the Right Hon. SIR MARCUS SAMUEL , Knight, LORD MAYOR of the City of London; the Hon. Sir EDWARD RIDLEY ., one of the Justices of His Majesty's High Court; Sir HENRY EDMUND KNIGHT ., Knight; Sir JOSEPH RENALS., Bart.; and Sir ALFRED JAMES NEWTON ., Bart., Aldermen of the said City; Sir FORREST FULTON., Knight, K.C., Recorder of the said City; WALTER VAUGHAN MORGAN ., Esq., Sir JOHN KNILL ., Bart., and HOWARD CARLILE MORRIS., Esq., other of the Aldermen of the said City; FREDERICK ALBERT BOSANQUET ., Esq., K.C., Common Serjeant of the said City; LUMLEY SMITH ., Esq., K.C., Judge of the City of London Court; and JAMES ALEXANDER RENTOUL ., Esq., K.C., M.P., LL.D., Deputy Judge of the City of London Court, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
Sir THOMAS HENRY BROOKE-HITCHING., Knt.
ALFRED PERCY DOULTON., Esq., J.P.
CENTRAL CRIMINAL COURT
SAMUEL, MAYOR. ELEVENTH SESSION.
A star (*) denotes that the prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Tuesday, September 8th, 1903.
Before Mr. Recorder.
633. HENRY PRESCOTT (29) and WILLIAM LYONS (40) PLEADED GUILTY to burglary in the dwelling house of George Summers and stealing therein a soup tureen and other articles his property; PRESCOTT also to breaking and entering the dwelling house of Gustave Schlesinger and stealing therein a bicycle and other articles his property; also to stealing and receiving two bicycles the property of Henry Eugene Vandervell, having been convicted of felony at this Court on September 9th, 1902, as John Henry Kemp. Two other convictions were proved against him.† Eighteen months' hard labour. LYONS— Fifteen months' hard labour. —
(634). JOHN HODSON (40) , to breaking and entering the shop of Archibald Frost Hardyment and stealing thirty four knives and other articles and 11s. 9d. his property and money, having been convicted of felony a Clerkenwell on February 5th, 1901, as John Ives. Three other convictions were proved against him . Twelve months' hard labour.— [Pleaded guilty: See original trial image.]
(637). EDWARD JAMES RIXON (32) to stealing, whilst employed under the Post Office, a post letter containing three postal orders for 20s. each, the property of the Postmaster General; also to forging and uttering a receipt for a registered post letter with intent to defraud; also to stealing whilst employed under the Post Office a letter containing a Bank of England note for £10 and a postal order for 10s. the property of the Postmaster General. Four months in the second division — [Pleaded guilty: See original trial image.]
(638). ALFRED WISEMAN (54) , to stealing whilst employed under the Post Office a post letter containing postal orders for 10s., 5s., 10s. and 58. and a 1d. stamp the property of the Postmaster General . Fifteen months' hard labour. — [Pleaded guilty: See original trial image.]
(640). GEORGE WESTBROOK DIXON (44) to stealing whilst employed under the Post Office a post letter containing postal orders for 2s., 7s. and 10s. the property of the Postmaster General, and the said JOHN ROBINSON to receiving the same, knowing them to be stolen. DIXON— Nine months' hard labour. —And [Pleaded guilty: See original trial image.]
(641). GAVIN VYNER THAIN (40) and EVA SYLVIA THAIN (23) to stealing and receiving two Post Office Savings Bank books, certain bed linen and other articles the property of James Francis Renant; E. S. THAIN also to forging and uttering a notice of withdrawal of £6 with intent to defraud His Majesty's Postmaster General; also to forging and uttering a receipt for the same with intent to defraud; G. V. THAIN also to forging and uttering a Savings Bank receipt and a notice of withdrawal for 17s. G.V. THAIN— Twelve months' hard labour. E. S. THAIN— Three months' in the second division.
MR. RODERICK. Prosecuted.
The Jury being unable to agree were discharged without giving a verdict and the trial postponed until to-morrow , (See p. 1048).
NEW COURT.—Tuesday, September 8th, 1903.
Before Mr. Common Serjeant.
MR. PARTRIDGE. Prosecuted.
ROSA SMITH . I am the wife of Robert William Smith, newsvendor and tobacconist of—283, Goswell Road—on Tuesday, July 21st, between 1 and 2 p.m., I served the prisoner with a packet of cigarettes, price 2 1/2d.—he tendered this half crown—I looked at it—he said, "Don't you like it?"—I said, "I do not know, I think there is something the matter with it, it feels light," and turning to my husband, who was in the parlour, I said, "Do you think this is all right?"—he said, "Certainly not"—he came out into the shop and said, "Where did you get this from?"—I think the prisoner said, "I have had this a long time" and "I suppose I took it in my wages"—he was confused—my husband followed him to the door and said, "You take your half crown somewhere else," and followed him out—I said, "You have not paid," and I had the cigarettes back.
WILLIAM ROBERT SMITH . My wife called me out of the parlour and said, "Is this a good coin?"—I examined it and concluded it was bad—I said to the prisoner, "Where did you get this?"—he said, "Oh, I got it from my last wages"—I said, "Have you got any more like it? I have rather a doubt about it; where did you get it from?"—he said, "I got it from my last week's wages"—I said, "Well the sooner you get off the better"—
afterwards he said to the policeman, "I sell papers; I got it in change"—I gave the coin back to him—he became abusive as he went out—I followed him fifty or sixty yards and spoke to a policeman, who spoke to the prisoner.
CYRIL DAWES . (409 G.) On July 21st, about 1.30 p.m., the last witness made a communication to me and pointed out the prisoner—I went to him and said, "I have some information that you have some counterfeit coin in your possession"—he said, "All right, sir"—I put my hand in his right jacket pocket and found this half crown and 2 1/2d.—I said, "How did you come by this?"—he said, "I got it as part of my wages"—I said, "Did you know it was bad?"—he said, "I have lots of money through my hands; it would not pay me to look at all I have got, I am a paper seller"—he was taken to the station about 2 o'clock and charged before the Magistrate the same day—at the station he said he was George Thompson, newsvendor, of 23, Brushfield Street, Bishopsgate—he was remanded on his own recognisances—the following day he did not turn up—I went on the night of the 23rd to verify the address—I did not find him—I got a warrant—I next saw him detained at the Commercial Street Police Station on July 24th—he said, "The reason I did not turn up was I was ill in bed"—I asked him why he had given a false address—he said, "I was so flurried"—he was remanded till the 29th—he afterwards gave his address as 23, North Road—on enquiry I found it was his brother's address, also a paper seller.
Prisoner's defence. I do a large business and must have got the coin in change. I could not stop to look at every bit of silver. A man in his senses would not go to a shop to change what he knew to be counterfeit coin.
NOT GUILTY .
MR. WILKINSON. Prosecuted.
LAURA DOUGLAS COOK . I am the wife of William Thomas Cook, the landlord of the Lady Mildmay public house, Islington—on August 18th, about 4.15 p.m., I served the prisoner and another man with two glasses of ale, for which they paid 1d. each—the other man sat in the corner and talked very much with me—the prisoner stood at the counter—he asked for change for a sovereign—I put a half sovereign and 10s. in silver on the counter—he picked up the silver and asked if I could give him all silver—I left the half sovereign on the counter and turned to the till and got the other 10s., and then picked up this coin—the prisoner picked up the silver and directly both men went out together—I looked at the coin and found it to be a gilded sixpence, and that it was not the half sovereign I gave him—I went into the street and called the potman, Morris, who afterwards came back with the prisoner—I sent my son for Mr. Cook, who came down—I made the statement to him in the prisoner's hearing, which I have just given—he said, "It was not me, it was the other man.'—
a constable was sent for—Mr. Cook made a statement to him, and gave the prisoner into custody—I handed the coin to the officer.
Cross-examined by the prisoner. When you came back I said, "Where is your friend?"—I did not say, "You are not the man who changed the sovereign"—I did not speak to the constable—I said you were the man—you kept talking all the time—I had not seen either of you before—you were in the house two or three minutes—I told the Inspector in his private room at the station what I have told you—he told me I was not to answer any question unless I liked.
Re-examined. I repeated my statement in the charge room.
WILLIAM MORRIS . I live at 85, Cowper Road, Stoke Newington—I am potman at the Lady Mildmay—Mrs. Cook pointed the prisoner out to me standing at the corner, about 100 yards from the house—I went to him and asked him if he had changed any gold at the Lady Mildmay—he said "No, I wish I had some to change"—I said, "Do you mind coming back with me?"—he said, "Yes, certainly"—he came back and went into the bar where Mr. Cook was.
Cross-examined. No one was standing near you—you said you had about 3d.
WILLIAM THOMAS COOK . I am landlord of the Lady Mildmay—I was called into the bar to the prisoner—Mrs. Cook said, in his presence, pointing to him, "This man, with another, came into the house, each ordered a glass of ale, for which they paid; I served them; the prisoner asked me to change a sovereign, and I did so; immediately I turned away he asked if I could give him silver for the half sovereign; I took the silver from the till and went to give it to him; in picking up the coin I found it was not the half sovereign I had put down, that there was something peculiar about it, it was a gilded sixpence"—I said, "Very well, if that is the case I shall give you into custody"—he said, "Do you want me to stay here?"—I said I was sorry, but I was afraid he would have to—I sent for a constable—when he came I repeated to him what I have told you—the prisoner said it was not he—Mrs. Cook handed the coin to the constable—the prisoner said—he would go with the constable to the station.
Cross-examined. I did not tell the constable that my wife had told me it was not you who changed the sovereign—the constable corrected his evidence at the police court—we gave details of the charge in the Inspector's office; then the charge was taken in your presence.
ROBERT ELLICOTT . (432 J.) I was called on the afternoon of August 18th to the Lady Mildmay, where the prisoner was detained—Mr. Cook told me it was the other man who passed the sixpence—Mrs. Cook handed me this sixpence, which I marked—the prisoner said, "I came in for a glass of beer, and put a penny down in payment; I have no companions; I am willing to go to the station"—at the station when searched I found three pennies, a half penny, and nine tickets relating to market hampers at Covent Garden.
Cross-examined. On entering the Lady Mildmay I wanted to know what was the matter—I did not say to you "I think you will get discharged; do not leave without me, because I shall want you to come to
the station and sign for your property"—I went to your house the night of your arrest—I saw a lady—she did not say you did not have 2d. on leaving home.
CHARLES GROVE . (Police Inspector J.) I was on duty at the station on August 18th when the prisoner was brought in—Mrs. Cook made a statement in my office—it was repeated in the prisoner's presence when the charge was formally entered—she said, indicating the prisoner, "That man, with another man, came into my house, one called for a glass of ale, paid a penny, and was served; soon afterwards the prisoner put a sovereign on the counter and asked for change; I said 'Yes,' and gave him 10s. silver and a half sovereign gold; as he was picking up the silver he said, 'I should like to have all silver if you do not mind '; I said, "Yes, and turned to get the silver; I gave it to him; I picked up the coin, but I noticed that it was not the same coin that I had previously handed to him; he then left the bar; I found it was a Jubilee sixpence gilt; I called the potman and followed; I saw the prisoner at the corner of the Mildmay Road; I pointed him out to the potman, and said, 'That is the man who has got my money, fetch him back'; the potman brought him back to the public house; a constable was sent for, who took him to the station"—the prisoner kept on saying, "Did not I come into your house for a glass of ale?" during the statement—I cautioned him that anything he said would be recorded against him, and directed the constable to notice what he did say.
Cross-examined. You asked the Magistrate for me to be here, I believe, and it is through that that I am here.
Cross-examined. Whether it is counterfeit depends upon the idea in having it gilt.
Prisoner's defence. I had nothing to do with the other man who went into the public house; I know nothing about passing the coin; I am innocent.
GUILTY . Three convictions were proved against him. Nine months' hard labour.
MR. BOOTH., for the prosecution, offered no evidence.
NOT GUILTY .
MR. LATHAM. Prosecuted.
JAMES HEPBURN . I live at 3, St. Leonards' Villas, Surbiton—I am a professional golf player and instructor to the Home Park Club, near Hampton Court, where I have a workshop and store for golfing clubs and other golfers' stock, tools for mending clubs, and so on—on August 1st, about 7.30 p.m., I locked up the workshop with strong locks, and left it
perfectly safe—on going back to the shop on Tuesday, August 4th, about 9.15 a.m., I found the door hanging on the door post by one hinge, and a lot of things lying about—some one had effected an entrance—I missed nine rasps, two chisels, a gauge, a screw driver, two saws, a brace and bit, the contents of three boxes of golf balls, three coats, and five bottles of spirits, value about £20—some workmen came and told me they had found something, and I went to a place they showed me and found eight dozen of golf balls, a bottle of whisky and a saw, lying at the bottom of a hay rick down a hill opposite the club, and about 200 yards from it—I sent for the police—about 7.30 the same evening I went to the police station, where I identified part of the property—this is part of my property, including this box of golf balls and the files and other tools—this is my coat, which was left in the workshop at 7.30 on the Saturday night.
Cross-examined by Williams. I have never seen you on my premises.
JANE WILKS . I am a laundress, and the wife of Edward Wilks, of 58, Canberry Park Road, Kingston—on Bank Holiday, August 3rd, the prisoner Dix, whom I knew, came to my house about 7.10 a.m.; he said, "Will you take this coat, Mrs. Wilks. and mind it?"—I said, "Yes"—I dried it for him—he said he was very cold and wet, as he had been out all night—I gave him some breakfast—about three that afternoon he asked me to pledge the coat—I took it to Carn's and pledged it for half a crown, saying it was my husband's—this is it, and this is the ticket I received from Mr. Carn—I gave the prisoner the half a crown and he went away—he left the coat with me to get what I could on it.
Cross-examined by Williams. I never saw you before—I never saw you in Dix's company.
Cross-examined by Dix. You told me you had picked the coat up in the grass.
WILLIAM CARN . I am a pawnbroker at Clarence Street, Kingston—on Thames—on August 4th Mrs. Wilks pawned this coat with me for half a crown—she told me it was her husband's—I have known her as a customer about fifteen years—shortly afterwards Detective Magner called, and I gave him information—I kept the coat, and produce it to-day.
THOMAS MAGNER . (Detective officer.) About 2 a.m., on Sunday, August 2nd, I was keeping observation on the Barge Walk. Hampton Wick—that is the towing path—I saw Williams coming from the direction of Hampton towards Kingston Bridge—he was carrying a flower basker under his arm—I said, 'Good morning"—he made no reply—I said, "What have you got in the basket?"—he dropped it and said, "B----well find out," and ran in the direction of Hampton Court—I followed him—he got through a hole in the fence—I pulled him bock by the leg—he said, "It is you, you f----, is it?"—I said "Yes, it is: come back and let me see what you have got in the basket"—he flung the basket of things about the place—I caught hold of him—he used bad language—I said he would have to go to the police station, and would be charged with unlawful possession of the property in the basket—he became very violent; we struggled; I blew my whistle, a gentleman who was fishing
came to my assistance, and ultimately another constable came across the river in a boat from Kingston—with their assistance the prisoner was conveyed to Teddington Police Station—on the way he accused me several times of being drunk, and said that I should be frightened to go" to the Guildhall again, and that he was asleep under the hedge and saw me put the tools into the basket—on August 4th I went to the Home Park Golf Club, and Mr. Hepburn came and identified the property at the police station that was in the basket, and this coat—Mr. Cam giving the name of Wilks, I went to her house, and while talking to Mrs. Wilks the prisoner Dix came in—I told him I was a police officer, and should take him into custody for being concerned with Williams in breaking and entering the Golf Club end stealing property from there—on the way to the station he said, "This is all caused through drink and bad company"—when charged he said, "I know nothing about the tools; all I know is about the coat"—Williams when charged made no reply—I had seen Williams on the Saturday night in Kingston about 11.10 or 11.15—he then had an empty basket, but no tools.
Cross-examined by Williams. I found on the Tuesday that the place had been broken open—I did not follow you over Kingston Bridge on the Saturday night—I went over some time afterwards—I did not beat you with a stick—I struck you when you struck me.
Cross-examined by Dix. I never saw you with Williams.
Re-examined. I was not drunk.
JOHN PHILLIPS . I am a greengrocer, of 24, Thorpe Road, Kingston—on August 2nd, about 2 a.m., I was on the towing path at Hampton Wick fishing—hearing a police whistle, I proceeded in the direction of the sound for about a quarter of a mile—I found Magner and the prisoner Williams rolling on the ground and struggling, Magner being very much exhausted—he called on me as a police officer, and I assisted him—shortly afterwards another constable arrived—with my assistance they arrested the prisoner, and took him two miles to the station—Magner was sober.
Cross-examined by Williams. You were not violent when you found it was no good—when I came up Magner had you in his hands; nothing else—I did not see any stick in his hand—I kept my eyes upon you to avoid a clout myself—I could hardly distinguish one from the other; you were practically huddled up together.
WILLIAM HOOD . (278 F). I am stationed at Kingston—about 2 a.m., on August 2nd, I heard a police whistle blowing in the direction of Hampton Wick, on the other side of the river—I crossed the river in a boat, went to the spot where I heard the whistle and found Magner struggling with Williams on the ground—I assisted, with Phillips, to take him to Teddington Station—Magner was sober—I did not see him use any unnecessary violence—Williams was very violent.
Cross-examined by Williams. I was about two minutes coming up—I did not see Magner strike you with a stick—a stick was in the basket—I did not see Magner put it or the tools there.
Re-examined. Williams was very violent and might have got away—Magner was almost exhausted.
ISAAC BAKER . (70 T.) I am stationed at Teddington—early on Sunday, August 2nd, I was in charge at Teddington Police Station when the prisoner was brought in—when the charge was read over he accused the detective of being intoxicated—he did not say that the detective put the tools in his basket—the detective was sober—Williams was sober, but very excited.
The prisoners' statements before the Magistrate. Williams says: "I am not guilty." Six says: "I know nothing about it."
Williams, in his defence on oath, said that Magner, who was drunk, found him asleep, put the things in his basket, and said, "You b----, I will give you something," and beat him with a stick; that Magner was spiteful because he (Williams) knew him to be a drunkard; and that he had been fined for being drunk, and was ashamed to appear at the Guildhall in a case heard there. He admitted seven previous convictions, but said he was as innocent of this offence as a new-born baby.
Dix, in his defence on oath, said that he knew nothing about it, and that he found the coat in the grass when he was out gathering mushrooms.
Evidence for Dix.
JOHN TAGG . I live at 2, Hudson Road, Kingston-on-Thames—the prisoner Dix has been living with me about three years—on Saturday night he went to bed about 8 p.m., and had breakfast at eight o'clock on the Sunday—he stopped at home on Sunday night, but not on the Monday night—I saw him on the Tuesday morning, and asked him where he had been to—he said he was late and would not come home.
Cross-examined. Saturday night was before the August Bank Holiday—I saw him with mushrooms for sale on the Tuesday morning about seven o'clock for 1s. 6d.—they were wrapped in a piece of old sack or a handkerchief—they were 6d. a pound—there were four or five pounds—on Friday night he slept at my place—he came to me in the morning—he was there before I got up—I am certain he was at home up to Monday night of the August Bank Holiday.
Cross-examined. On the Saturday he went to bed at 8 p.m.—his brother went out shopping with me—he went to bed after supper, about 10.30—they slept in the same room—the prisoner Dix got up at 9.30 a.m.—he generally lies late—on Sunday night he slept at home, but not on the Tuesday night, when he was arrested—he was at home all that week till he was arrested, when I went and stood bail for him.
DIX, NOT GUILTY .
WILLIAMS, GUILTY . He then
PLEADED GUILTY.to a conviction of felony at Kingston-on-Thames on April 7th. There were six other convictions against him and nine summonses as a rogue and vagabond.
Three years' penal servitude.
OLD COURT.—Wednesday, September 9th, 1903.
Before Mr. Justice Ridley.
MR. MUIR. and MR. BODKIN. Prosecuted; DR. COUNSEL. and MR. HARNEDY. Defended.
ALICE ROSINA ROBERTS . I live at 44, Southampton Street, Clerkenwell, with my mother, who was first married to Mr. Roberts, on his death she married the prisoner—I had a half brother named Herbert Patrick, and a half sister named Mary Beatrice, aged 5 years and 2 1/2 years respectively—we all lived with the prisoner and my mother in two basement rooms—the front room was a kitchen with a bed in it and the back one was a bedroom—opening out of the passage at the back there is an area where there is a coal hole—this hammer (Produced) was generally kept there for breaking coal—the prisoner generally slept in the back room; I, my mother and the children slept in the front room—the prisoner frequently got drank—on Sunday, August 2nd, he came home rather late in the evening—he was drunk—I was in bed with the children and mother—the prisoner went to bed first, then he came into our room and said to mother, "Why are you not asleep, I have come to kill those children"—mother said, "Go to bed you ratted fool"—he did not seem to know what he was doing—he was drunk—he went back to his room—on Monday or Tuesday I put 6s. 6d. belonging to Mrs. Strange on the dresser—it was her rent, and she left it with me to pay the landlord while she was out—when the time came for paying the money I found it was gone—I do not know if my mother spoke to the prisoner about it; I did not do so—on August 5th I was in the front kitchen between 10 and 11 p.m.; the two children were in bed there—the prisoner was in the same room—I went out about 10.30—he had been home for about half an hour—he may have had some drink that evening, but he was not very drunk—he did not talk to me much while he was in the room, he was having his supper which mother had got for him—he did not have anything to drink with his supper—my mother went out with some mangling—I left the kitchen and went to the front door to wait for her—I was away from the kitchen for about fifteen minutes—there was a light in the room when I left—when my mother returned we went down stairs—we could not get in at the door as it was locked—mother kicked at the door and said, "Are my children all right?"—the prisoner said, "They are all right, they are sleep."—mother asked Mrs. Wade, who is another lodger, to lend her her key—mother said to the prisoner through the door, "Let me see the children"—he said, "Wait a minute and I will let you see them"—I got Mrs. Wade's key and opened the door—as we did so the light on the kitchen table was put out—I think it was blown out—I do not think it was the opening of the door which put it out—I then went with my mother to the top of the stairs—the prisoner came out of the room—there is a small passage outside the kitchen, before the stairs begin, which go first up to the yard and then to the street—mother said to the prisoner,
"Are the children all right?"—then she said, "Have you killed the children?"—he said, "Yes, I have"—mother went down stairs into the kitchen—I ran out into the street and screamed—a policeman came—when I went into the street I think the prisoner was at the street door.
Cross-examined. I am fourteen—I know that the prisoner's little girl died in 1898, but I do not remember it—he married my mother in 1895; the first child was born in 1896—when it died, we lived at 38, Busaco Street, on the second floor—the night before she died the prisoner fell down the stairs on to the back of his head—he was ill after it—I do not know if he was poulticed from the crown of his head to the bottom of his back—he has appeared to be different since then—he went like mad—he was rather mad after he had been drinking—he was at one time in the Army—I remember in April, 1900, his going with the Reserves to Fort George in Inverness—he came back on furlough at Christmas—he had a bad arm then—I think a bayonet had stuck into him—he did not tell me how that happened—he returned from Fort George for good in March, 1901—I do not know if he received some pay some time later—he started drinking more heavily after he came back from Scotland than he had done before—he had some money then—he frequently had mad fits from drink after that—he jumped over the bar of the Cornwallis—he was then under the influence of drink—he had been out of work since March—he was always kind to me and the children even when in drink—he always seemed fond of the children—he sometimes played with them—I was not afraid of him—for two or three weeks before August 5th he was frequently the worse for drink—he wandered about a lot, and seemed strange in his manner—I think he was upset about the 6s. 6d. which was gone—he did not speak of it to me; I do not know whether he did to mother—I think Mrs. Strange spoke to him about it—on August 5th I went to get some mangling in the afternoon, and when I returned there was a crowd outside the door rowing with Dad about the money—I did not go in until they had gone away—on August 4th I heard my mother say to him, "Have you seen the money" or something like that—the prisoner was a gas stoker during the winter—the coal hole is in the front area—there is a door from the front kitchen into it.
Re-examined. I was nine years old in 1898, which was the year when my step sister died—I think it was about April—the prisoner was not drunk so much before as afterwards—I do not think there was any other difference in him—he had mad fits—he quarrelled with mother and threw things about—he was drunk when he jumped the Cornwallis bar—when he wandered about I think he was looking for work—he was out of work in the summer of 1902—I do not think he did anything different then to what he did this year—I do not think he quarrelled so much in 1902 as he did in 1903—he has taken too much to drink ever since he had the fall.
ADA STRANGE . I am married, and live at 44, Southampton Street—on August 4th I gave 6s. 6d. to Alice Roberts to give to the landlord, as I was going out—at 5 p.m. I was going home when Alice spoke to me—I aw Mrs. Madden come out of the house with the prisoner following her—he was drunk and asked me what his wife had said to me—I said, "Nothing"
—he caught hold of me by the shoulders and turned me round and asked if I had got any goods upstairs—I said, "What do you mean?"—he said, "Have you got any goods?"—I said, "I have my own furniture"—he said, "Get them down because I intend to set fire to the place from top to bottom"—I saw a Mrs. Porter there; she lives opposite—the prisoner asked her if she was going to buy any beer, and he called her a little Sheeney girl—she said she had bought quite enough beer for him—Mr. Porter then came up and the prisoner struck him in the face—Porter struck him back on the arm—Mrs. Madden came and took the prisoner into the house—for the last year or two the prisoner has been frequently drunk—the quarrels between Mr. and Mrs. Madden in the house were never taken any notice of because they were so many.
Cross-examined. When the prisoner said he was going to set fire to the house I told him to keep away from me as he was mad—I have lived in the house for two years—I have often seen the prisoner sober, but if he could get it he would have drink—he was very fond of the children.
RACHAEL PORTER . I am married and live at 47, Southampton Street—on Tuesday, August 4th, I was talking to Mrs. Strange; the prisoner came and asked me to buy him some beer—I told him he had had enough already—he pushed me down; it was rather a violent push; I have an injured leg—I did not hear him mention anything about money—I heard Mrs. Strange say that he had had 6s. 6d.—when I fell, I called for my husband; the prisoner hit him, and he hit the prisoner.
CAROLINE BIGNELL . I live at 44, Southampton Street, Clerkenwell; on the first floor—the Maddens lived below me—on August 5th, about 10.30, I came down stairs and stood at the street door talking to Alice Roberts—I went up stairs again, and then came down when I heard screams—I heard Mrs. Madden say, "Oh! what have you done, have you killed my children?" the prisoner replied, "Yes, I have"—I afterwards went down to the basement with the constable—I got a light and saw the two children lying on the bed in the front kitchen covered with blood—I have been eleven months in the house—the prisoner was always rowing, whether drunk or sober; rows were so usual that I took no notice of them—I should say that he was more often drunk than sober.
Cross-examined. I think he treated the children very kindly, whether he was drunk or sober.
ARTHUR COCKHEAD . I am a tram driver of 81, Caledonian Road—on August 5th, about 10.45, I was in Southampton Street, Clerkenwell, when I saw Alice Roberts run out of No. 44 screaming—I crossed over to her, and saw the prisoner in the gateway; he said, "I done it, I have killed my two children"—the girl screamed out, "My daddy has killed the two children"—the prisoner could hear that—I did not hear him say anything to that—I said to the girl, "Is that right," and then I said to the prisoner, "You don't mean it, do you?" he said, "I done it, I bashed their brains out with the hammer for spending my money; you can go down, you will find them lying on the bed"—a constable came; the prisoner spoke quietly, I understood clearly what he said; he seemed a little excited,
but nothing out of the way—he said to me, "I shan't run away, fetch a policeman"—that was before the policeman came.
By the COURT. He was quite sober.
WILLIAM KNIGHTS . (120 G.) About 11 p.m., on August 5th, I heard some screaming, and went to 44, Southampton Street—I saw the prisoner standing on the footway outside the gate—I asked him what he had done—he said, "My two children are dead, and I am the murderer," and he nodded towards the area—I took hold of him, and then left him with Cockhead—I went down to the front kitchen, and there saw lying on the bed the bodies of a boy and girl—I took the prisoner into custody, and he was afterwards taken to the station, he was very calm, and very determined—he spoke rather strangely, in an excited manner, and very loudly—he was quite sober.
By the COURT. When I went into the kitchen I got a light from a lodger.
HENRY CHAPMAN . (344 G.) On August 5th, at 10.45 p.m., I went to 44, Southampton Street—I saw the prisoner standing by Knights at the street door—he said to me, "I am glad you have come Chapman; I will surrender to you; I have killed my two children; you know what it is"—he said the children were down stairs in the kitchen—I have known him for many years—I took him to the police station, where he said to me, "You know what it is in this neighbourhood, my b----wife would sooner have my children dead; I have them brought up there; I have killed them"—since he came home from the Reserves in March, 1901, I have seen him the worse for drink several times—I had last seen him about a month before August 5th—when I saw him on August 5th he was perfectly rational and sober—he was quite calm when I took him to the station.
Cross-examined. The statement which I wrote down is not "My b----wife would sooner have them dead than have them brought up there"—I knew the prisoner as a gas stoker, and when he was in the Militia—when I was in the neighbourhood I saw him about once a week the worse for drink—I only saw him the worse for drink once after he returned from Scotland.
EDWARD BONNER . (154 G.) On August 5th, about 10.45 p.m., I was in the front basement room at 44, Southampton Street—I found this hammer (Produced) lying on the floor at the head of the bed near the fire place—on the bed were the little boy and girl, their heads were about 1 1/2 yards from the hammer—I showed it to Dr. Cotter, who was there—I then laid it on the table.
PATRICK COTTER . I am a medical practitioner of 57, Caledonian Road—on August 5th, I was called to 44, Southampton Street—I went down into the basement, where I saw the bodies of a boy and girl lying on the bed; the boy was dead, the girl died about forty-five minutes later—the boy had four wounds on the right side of the front of the head, each of them penetrated and broke the skull; he also had a wound at the back of his head on the left side, which also broke and penetrated the skull—the wounds caused most serious injuries to the brain, which at once caused unconsciousness and death—unconsciousness would result from any one
of the blows—the left side of the girl's head was broken, and if anything more extensively; she died from the same cause—I saw a hammer in the room; there was wet blood and some hair and brain matter adhering to it—the injuries might well have been caused by the flat and broader end of the hammer.
Cross-examined. I did not examine the prisoner; I have listened to the evidence, and have heard the statement of the prisoner—I should say that his statement to Mrs. Strange was a very reckless one—I cannot say if he was sane or not; you are asking me an impossible question—I cannot say whether his statement, "I done it because they have been spending my money," was the statement of a sane man, because there was no foundation for it—I cannot say that it was a delusion, because it had no foundation—a man need not necessarily be insane to say that—the statements give a doctor no real basis to form an opinion upon—the statement about burning the house down might be a strange one—I cannot say that he must have a delusion because he gives as his reason for doing so a fact which never had any existence—I have come to the conclusion that he made a mistake in what he was saying, and that he meant to convey something else—it may be the mistake of an insane man; a sane man could make a mistake like that; in the excitement which he was in, he would be liable to say anything—if Mrs. Madden had called me in and told me of his statements about his burning the house down, and that these children were spending his money and explained that she was supporting the house, I should not have signed a certificate of his insanity upon that evidence, and I should not say that he was suffering from delusions—if one makes a statement which has no foundation in fact, it is a delusion—I have heard of the prisoner's antecedents for a short time; the report of them, and the fact that he was fond of his children, and that he killed them without any provocation, does not bring conviction to my mind that he was suffering from a delusion.
RICHARD LAWRENCE CAUNTER . I am divisional surgeon of police; I confirm Dr. Cotter's evidence as to the condition of the bodies—I saw the prisoner about 12.20 a.m., on August 6th, at King's Cross Police Station—he was perfectly sober; he showed no signs of having been drunk—I spoke to him and he spoke to me—he was somewhat excited, but not as much as I should have expected him to be in such circumstances—he answered perfectly rationally, and seemed to thoroughly understand his position.
Cross-examined. I cannot say if he was labouring under a delusion—I did not examine him with that view.
WILLIAM BRIGGS . (Police-Inspector.) On the night of August 5th I found the prisoner detained at King's Cross Station, and in consequence of what I heard I went to 44, Southampton Street, where I saw the two children—I took possession of this hammer, chopper, and envelope (Produced); the envelope was on the table near the bed—after I learnt that the children were dead I went back to the station, taking the things I had found with me—I placed them on the desk in the charge room where the prisoner could see them—I then said to him, "Your two children
are dead, and you will be charged with the murder of them"—he shouted out, "I am pleased to hear that," and pointing to the hammer on the desk he said, "That is the one I did it with; I killed my children deliberately, and I acknowledge, the thing to you; I committed the bloody deed, and I shall tell the Magistrate so in the morning; the chopper I do not agree to"—I had not said anything about the chopper—the charge was then entered and read over—he then said, "I am satisfied, it is her f----g tongue, she took the bread out of their mouths"—he then saw this envelope which I had in my hand; on it is written in pencil, "The last of the Maddens by Herbert"—he said, "Is that the last of the Maddens?"—I said yes—he said, "That is all right, I wrote it"—except at the first the prisoner spoke in his usual tone—I gave evidence at the inquest and repeated the evidence that I have given to-day, and also on the first occasion at the police court—the prisoner asked no questions then, but on the second occasion he said, "I did not say that she took the bread out of their mouths; what I said was she blamed me for taking the bread out of their mouths; I could not have said what you say, as she has kept them for months; I do not want the blame put upon her, she does not deserve it; I want what you say corrected."
Cross-examined. I have the prisoner's Army record here; it is a very bad one—he served in India down to 1887, he has had about five attacks of ague and about six of malaria during his service in India—there are many entries of his having been drunk.
Re-examined. He was passed into the Reserves in March as fit for service—he served for the full year for which he enlisted.
JAMES SCOTT . I am medical officer at Brixton Prison—I have had seven years' experience at Holloway and Brixton; during that time I have constantly had to observe prisoners with a view to judging of the state of their minds—I have given evidence at this Court upon many occasions—the prisoner came under my observation on August 6th—I saw him about 5.30 p.m., that was less than twenty-four hours after the death of the children—I have kept him under observation since then with a special view of judging as to the state of his mind—I have frequently talked with him, and observed him, and had reports on his conduct from the warders—he had a light all night and continual observation—I have studied the depositions—I have seen no evidence of insanity in him—when I first saw him I thought he was sane—I have seen nothing in the depositions or in my observation of him to make me believe that he was insane on August 5th.
Cross-examined. When the prisoner was brought before the Magistrate I had the same opinion as I have now, but I did not wish to give it—I had read the prisoner's statements except the one to Mrs. Strange, which I have heard to-day for the first time—I formed the opinion that he was worrying at being unable to get employment to support his children, and that the probable meaning of his exclamation that the children were spending his money was that they were costing more money than he could earn—it is possible that it may have been a delusion when he thought that they were spending his money—I understood that he was
worried about the 6s. 6d. which had disappeared—that might be likely to have more effect on a man who had been drinking for years than on a person who had not—his mind might be confused by long drinking, probably if he had not been drinking he would not have done this, or have taken the view that the children were spending his money—the evidence shows that he had some idea of killing the children on the Sunday, but I think if he had any real intention of killing them then he would have gone about it in another way—his conduct on that night was much more like that of an intoxicated man—the idea was probably in his mind then, but not very fixed—continual drinking would lower his moral sense, increase his depression, and diminish his power of self-control—I have seen the envelope which was found—he told me he wrote it so that his wife should know he had committed it, and not to blame any other person—it was a strange thing for him to write—I think his mind was confused by excessive drinking, trifling things might have more effect upon his mind than if he had been sober—he rather resented my asking him any questions about the money which was taken, and I did not press him—continued drunkenness would have an affect on the brain of any man so as to weaken and warp the effect of his judgment, varying in different persons—it is so long since he had the attacks of ague and malaria that I do not think they would make him more likely to be effected by drink; if they had been more recent they might have had some more effect—habitual drinking would have more effect on a man than occasional bouts—in some cases drinking would be more likely to effect the mind of a man who had suffered from ague and malaria than a man who had not suffered, but not necessarily—if for some years he had been taking insufficient nourishment that would add to the effects of drinking.
Re-examined. I heard of no family history of insanity—I think the prisoner knew the nature and quality of his act and knew that he had done wrong.
Evidence for the Defence.
MARY ANN MADDEN . I am the prisoner's wife—we were married on March 20th, 1895—my first child, a girl, was born on April 16th, 1896—she died on Tuesday, February 8th, 1898—the prisoner fell down stairs on the Saturday before that and knocked the top of his head on the bottom of the stairs—he was in bed for more than a week afterwards—the doctor directed me to poultice him from his head to the bottom of his spine—after that he was very strange at times when in drink—before he fell down stairs he was in the habit of taking drink, but he was not drunk so frequently as lately—on April 20th, 1900, he went to Fort George in Inverness as one of the Reserves-during the South African War he joined the Seaforth Highlanders—he came home on furlough at Christmas, 1900—he was then suffering from a wound in his arm—he came home from Fort George about the end of March, 1901—since then he has been at home—he suffered from drink before my first child died—I have seen him in delirium tremens three or four times before 1900—he has been worse since then—on August 2nd he had been in the delirium tremens for four days—
he came into the front kitchen on that day—I was in bed with the children—he came in three or four times—the last time he said, "Why are you not asleep, I have come to do for the children?"—I said, "Go to bed you ratted fool"—I called him that because I knew he was in the d.t's. by the look of him, and when I had told him about it before he has said, "I was in the rats"—I believe he was tantalised all day Wednesday about the money which had disappeared—I asked him where the money was, and he told me he had not had it—there was a crowd round him at the door on Tuesday night, and I heard a woman say that he had taken the money—he was always very fond of Alice and the children, and very kind to them—whether drunk or sober he was never cross with them—they were not at all afraid of him—he had no motive that I know of for killing them—I never thought he would hurt them—he had never threatened to kill them for any reason—he was out of work since March—he was a winter hand at the gas factory, and was not kept on after March—I do not think he had much food on the Wednesday, but I was at work all day so I don't know—he went out about 7 p.m.—when he returned at ten I left him getting his supper—he was sitting near the bed—I left Alice in the room—I did not notice any envelope or hammer there then—when I came back I found the door shut, and locked on the inside—when I got the door open the bed stead was near it, and I think had been against it.
Cross-examined. The prisoner's eyes looked queer, and he wandered in and out of the house—there is a public house nearly opposite our house and one at the corner—I do not know if he went to the public house when he wandered out—he was drunk most of the time when his eyes looked queer, and he would say queer things and not know anything about it afterwards—he was not attended by a doctor for the delirium tremens—when the last attack was on him he went out and got drunk every day—he came home every night—I have had no experience of delirium tremens apart from my husband.
GUILTY., but insane so as not to be responsible for his actions . To be detained during His Majesty's pleasure.
MR. GREENFIELD. Prosecuted.
SELINA GARDENER . I am the prisoner's wife, and live at 20, Cornwall Gardens, Willesden—on Sunday. August 16th, we had breakfast together, and he promised to be home to dinner at 1.30—he did not return until between three and four, and then he refused to have any dinner—he was not in a suitable condition to want any, and he said strange things—he said he would spend Christmas Day in prison—about seven o'clock I went to chapel—he said he was going to Kingsbury—he went out—after I had been in chapel some time he came in—after it was over I went home, but the prisoner did not return until 10.15—he went straight through to the kitchen—I was in the front room—he came in and sat down in a chair and began talking disagreeably—to pass it off I asked him to have some supper—he declined, saying he would get it himself if he wished it—he
went out into the kitchen singing to himself, and I heard him sharpening his razor on his strop in the scullery—he returned into the room where I and my daughter were—I was sitting down with a book—he put his hand out to me, and said, "You have only a few minutes to live; if you have any sins to confess you had better say your prayers now"—I got up and tried to pass him—he put his arm round me—there was a slight struggle—I got away from him into the hall—my daughter screamed and Mrs. Clark from up stairs came down—I told her my husband had threatened to take my life—he stood calmly by and listened—I said if he threatened me again I would call for the police—I returned into the room, taking my daughter with me—the prisoner followed us in, and seized me by the back of my hair and held me very tightly—he had already drawn a razor out of his pocket, and I saw it in his right hand—he said, "I will do for you now; which will be first?" meaning my daughter, because she rushed to my rescue—he said he did not mind which would be first—we struggled to get the razor away—he tried to get it up to my throat—I got hold of it—my daughter rushed up between us, and we got it away from my neck—it did not touch my neck—my right hand was cut—I have not got the mark now—my daughter was also cut on several fingers—this (Produced) is the razor—it was broken in the struggle—Mr. Black came to our assistance—when the prisoner heard footsteps coming along the hall he got us as near the door as he could, but we struggled to keep away—he said, "I will, I will,' and he got me down on the floor—on July 17th I summoned the prisoner for threatening and assault—the Magistrate bound him over with sureties.
Cross-examined. You pulled my head down by the back of my hair. Lydia Gardener (by the Prisoner). I am the daughter of the last witness, and am fourteen years old—I live with my father and mother—on August Kith my father came home between 7 and 8 p.m—he locked up all the windows and dared me to open them, and said that if I did so he would give it to me—mother was then in chapel; I did not go that night—the prisoner then went out and returned between 10 and 10.30—I and my mother were then in the front room—the prisoner went into the kitchen and began singing a hymn—he then said, "I do not care what I do even if I get hung for it," and said that he would spend his Christmas dinner in prison—then he went into the washhouse, and I heard him sharpening his razor—he came into the front room, held out his hand to my mother, and said "If you have got any sins to confess you had better say your prayers"—we got up and went into the hall—Mrs. Clark came down stairs, and mother told her that father had threatened to take her life—when we thought he had quieted down we went into the front room again—the prisoner came in—he took a razor out of his pocket—he got hold of mother by the back of her hair—he pulled back her head as far as he could and put the razor up to her throat—I got hold of his hand, and mother got hold of him also—we had a struggle, and my hand was cut—a gentleman came in—I did not know his name, as I was so dazed, and the prisoner was taken away—he had threatened us before, and said he would be put into. Madame Tussaud's, and that his would be a second case of Gardener—he always threatened us when he came home at night—we were always
afraid to go to sleep until he had gone to work in the morning, because we thought he would do something.
By the COURT. I am sure the prisoner meant to do it, because when he heard help coming he said, "I will, I will."
THOMAS BLACK . I am an engineer of 15, Cornwall Gardens, Willesden Green—on this night I heard screams for help in the prisoner's house—I climbed over the fence and went into the house—I saw a woman in the passage—I asked her what was the matter—I saw the prisoner in the room, he was struggling with the prosecutrix and her daughter; they said, "Take him away"—I took him by the arm from behind and took him out into the passage and held him until the police arrived—I did not see anything in his hand—I saw somebody afterwards holding a razor—I do not know who it was—I saw blood on the hands of the prisoner and the women, and a slight blood stain on the elder woman's neck; that might have come from her own hand—the prisoner did not struggle with me—he went away with the police quietly.
EDWARD MARTIN PAIN . I am a registered medical practitioner at Cricklewood, and am deputy divisional surgeon—on August 16th I was called to Willesden Police Station about 11.30 p.m.—I saw the two women and the prisoner there—I examined the wife first—she did not say anything—she had a deep wound about one inch long on her right thumb—I dressed it—it could have been caused by this razor—Lydia Gardener had a wound 1 1/2 inches long on her right thumb, and several slight scratches—they were not serious—I saw the prisoner—I did not say anything to him—when I went away he took his hat off and said, "Good night, doctor," and bowed.
HENRY STONE . (456 X.) At 11 p.m. on Sunday, August 16th, I was called to 20, Cornwall Gardens—I found the prisoner in the passage being held by Mr. Black—the two women were there; Mrs. Gardener was bleeding very much from a large cut on her right thumb—this razor was handed to me by her; the handle was on the floor—she said that the prisoner had tried to cut her throat with it; that in the struggle she had got it away from him and the handle was broken—he was taken to the station and charged with attempting to murder his wife and daughter—he made no reply.
CHARLES SMITH . (Police Inspector). I went to Willesden Green Station, where I found the prisoner detained—I explained the charge to him and cautioned him that any statement he might make would be taken down and might be used in evidence against him—he was charged with attempting to murder his wife and daughter—I read it to him, and he said, "They have had all the say now, I will explain later"—he was quite cool, and I could see no evidence of his having been drinking—he could understand the charge.
The prisoner, in a written statement, said that he had no intention of harming his—wife or daughter; that he was taking his razor upstairs to shave with; that he went into the front room to wish his wife and daughter good night, and said to them "Say your prayers;" that his daughter was going to push fast him, and he said, "Stop a minute, let me tell you about my going early
in the morning;" that his wife snatched the razor from his hand; that he took it from her; that the blade was open; that the handle came off;. and that his wife and daughter got cut; that his wife was going out with a married man who was a member of the same chapel; and that he had caught them together in his sitting room.
GUILTY . of unlawfully wounding. Six months'. hard labour.
NEW COURT.—Wednesday, September 9th, 1903.
Before Mr. Recorder,
649. WILLIAM JONES (26), PLEADED GUILTY . to stealing 9s. 5 1/2d., the money of the Sweetmeat Automatic Delivery Company, Limited, having been convicted at this Court in January, 1899, in the name of William Johnson . Another conviction was proved against him. Twelve months' hard labour. —
(650) ERNEST HARRIS (34) , to unlawfully breaking a plate glass window, value £5 10s., belonging to James Thomas Ward and others. (There were twelve previous convictions against him, mostly for wilful damage). Twelve months' hard labour. — [Pleaded guilty: See original trial image.]
(651) JOHN THOMAS (39) , to breaking into the warehouse of William Jones and stealing a packet of knives and other goods, having been convicted at this Court in February, 1899. (There were ten previous convictions against him). Five years' penal servitude. — [Pleaded guilty: See original trial image.]
(653) GEORGE AMBROSE (21) , to burglary in the dwelling house of Elizabeth Scholl and stealing an overcoat and other goods; also to burglary in the dwelling house of Ernest Jarvis, with intent to steal, and to a conviction of felony at Clerkenwell in March, 1902. (Two other convictions were proved against him). Eighteen months' hard labour — [Pleaded guilty: See original trial image.]
(652) LARRY DONOVAN (33) , to stealing a purse, a railway ticket, a pair of eye glasses, and 11s. 9d., the property of John Oram from the person of Lilian Mary Oram, and to a conviction of felony at this Court in May, 1899. (Seventeen previous convictions were proved against him). Five years' penal servitude. — [Pleaded guilty: See original trial image.]
(654) HARRY DOUGLAS (27) , to breaking into the warehouse of Hawksworth, Eyre and Company, Limited, and stealing fifteen muffineers, fourteen mustard pots and other goods, and to a conviction of felony at this Court in June, 1902. (Two other convictions were proved against him.) Five years' penal servitude. —And [Pleaded guilty: See original trial image.]
MR. BIRON. Prosecuted; MR. ROOTH. Defended.
EDITH FRANCES CURGENVEN . I live at 44, Tavistock Road, with my parents—I was away from home in September—this is my Post Office Savings Bank book—on leaving home it showed £6 5s. deposited and £1 10s. withdrawn, leaving a balance of £4 15s.—I kept it in an unlocked drawer in my bedroom—I last saw it on August 14th, when I went away—the prisoner Foxley was a general servant—she had seen the book—
she had to do my room—I came back from my holiday about the first week in October—I missed the book in February—before going to Bermuda I tried to draw money out—I went to the head office and discovered that £4 had been improperly drawn out—I was shown these two notices of withdrawal and these two receipts for £1 10s. and £2 10s.—they are not signed by me—these signatures are the prisoner's and a forgery—she left our service on November 17th, 1902, to get married—I have seen her write—this is a bad attempt to copy—I had to start for Bermuda on February 25th, the day after my interview at the Post Office, and came back on July 24th—I was shown my bank book, and saw that £4 had been improperly withdrawn, and that the page where the stamp should be was removed—I drew out 30s. in June—the warrant is No. 688201.
Cross-examined. The prisoner came to us on January 4th, 1902—she remained till September 17th—she had an excellent character—she married, I think, in December; I congratulated her on the event—I have seen her name in my mother's wages book and her letter—some of the letters are similar to her letters—she was in charge during our absence from September 13th to 29th—my father, mother, sister and brother and myself ordinarily occupied the house—on October 7th my sister and brother were there—no one came to do repairs—tradesmen came to the back door.
Re-examined. We missed several articles of clothing while the prisoner was there.
PERCY BRENDON CURGENVEN . I am a clerk, and the brother of the last witness—I live with my parents at 44, Tavistock Road—I left for my holidays on September 12th—I came back on Monday, September 29th—I found the prisoner in charge—my sister returned later that day—my parents returned about the middle of October—I went to business during the day—I heard the charwoman, Mrs. Hickman, called—she remained from 8.30 to 7—we had only the one servant—anyone who called would be let in by her.
Cross-examined. I never heard of a man calling about locks—I did not know they were out of repair.
ELIZABETH EMILY HACKMAN . I am the wife of Richard Douglas Hackman, of 80, Warmington Road—I went charing from time to time at 44, Tavistock Road—I went three times in September, when the family were away—the prisoner was in charge—I know nothing about this bank book or the withdrawal of the money.
Cross-examined. I have been there afterwards on nearly every day of the week—I have never seen anyone there repairing locks.
ROBERT CLARKE . I am an assistant in the Savings Bank Department of the General Post Office—on October 1st, 1902, I received this notice of withdrawal, and sent this warrant for £2 10s, to 44, Tavistock Road.
SOUTHWELL RIGDEN . I am a clerk in the Savings Bank Department of the General Post Office—I received this notice of withdrawal, and sent this warrant for £1 10s. on October 6th, 1902, to the address given on the notice.
Office—I paid the £2 10s. referred to on this warrant to a lady who signed it in my presence, on October 1st, 1902—I entered the amount in this boot, the page I stamped is torn out—the warrant number is erased.
GRACE MARIAN VINCE . On October 7th I paid the £1 10s. on this warrant to a lady who signed on the back as it was brought signed—I entered the amount and number of the warrant in the book—they have since been erased.
LOUISE DAY . In May I was in the service of the Curgenvens at 44, Tavistock Road—I went there on November 19th, when the other girl left—I remember inquiries being made about the Savings Bank book—on May 17th I was cleaning out Miss Curgenven's room; I found this bank book in the first long drawer of a chest of drawers in the right hand corner, and under the paper which lined the drawer.
Cross-examined. The drawer was empty.
WILLIAM BURRELL . (Detective Sergeant.) On August 18th, about 11 p.m., I arrested the prisoner on a warrant—she was living with her husband—I had been keeping observation on the house, and saw her arrive with her husband—he is a carman—I read the warrant to her—she said, "I do not quite understand"—I explained, "You are suspected of obtaining withdrawal forms and forging them, and obtaining £2 10s."—she said, "I did not forge them, I did not have the money; there were other people in the house who could have done it"—I asked her if she had seen or heard of anybody who could have taken the book out, restored it, and committed the forgery—she said, "No"—she handed me this letter, which she said she had written to her husband as a specimen of her writing.
Cross-examined. She had come from her holiday with her husband when I read the' warrant to her—I have made inquiries and found she bears an excellent character—she held a situation at the Earl of Derby public house for over twelve months—her husband is in employment, and is of excellent character.
FRANK WINT . I am a clerk in the Confidential Inquiry branch of the General Post Office—I have had some years' experience in comparing handwriting—I have compared Mrs. Foxley's letter with the withdrawal forms and warrants, and formed the opinion they are written by the same person (Pointing out the similarities in the documents.)
The prisoner, in her defence on oath, denied all knowledge of the forgery or uttering, and said that in addition to the charwoman coming to the house in the absence of the family, a locksmith came to mend the lock of Miss Curgenven's bedroom door, before they went away.
NOT GUILTY .
There were three other similar indictments upon which no evidence was offered.
NOT GUILTY .
657. WILLIAM BERRY (19) , Stealing a post letter, the property of the Postmaster General, containing a silver match box, a purse, and twelve stamps, and JOHN WHITE , receiving the same. BERRY PLEADED GUILTY .
MR. BIRON. Prosecuted; and MR. HUTTON. Defended.
Post Office—Berry, who has pleaded guilty, was employed in August as an auxiliary postman at the Fulham Sorting Office—a great many complaints have been received of loss of letters and packets during the nine months Berry has been in the service—I made up and posted in a pillar box at Fulham, about 7.30 p.m., on August 24th, a test packet, addressed to Mr. Tom Peyton, 137, Broughton Road, London—in it was put a silver match box, and twelve penny marked postage stamps in a purse—it was placed in Berry's hands the next morning—the number is much higher than exists in the road—Berry's duty was to say that there was no such number as that on the letter—he delivered in Broughton Road, and knew it was not a proper number—I gave instructions to the overseer at the Fulham Office—on August 25th I saw Berry about 1.30 at the Fulham Sorting. Office—he made certain statements, in consequence of which I instructed Detective Blake, and I had given back to me the purse, match box, eleven stamps, and a 1s. postal order, posted in another letter—I also saw White about 3.30 on Wednesday, August 26th—I told White at his tobacconist's shop who I was, and cautioned him in the usual way—I said, "You know Berry has been employed by the post office for some time;" he said, "Yes;"—I said, "Yesterday morning you purchased a postal order from him, and 1s. in stamps;" he said, "I got them off him as a customer, he has been a customer of mine for some time"—I said, "Why did you tell the police officer yesterday that you had not got anything from him?"—he said, "I was busy, and I forgot"—I said, "In July last you were seen by a police officer from the post office with reference to a stolen 5s. order, and you then said you did not know where you got it from;" he said, "I did not know him"—I said, "The officer asked you whether you had any orders from Berry;" he said, "I had one some time ago"—I said, "That should have been a warning," and showed him this 3s. stolen postal order, and an addressed letter, and asked him, "Have you done business with him?" he said, "Yes"—I said, "You must also have taken this order from Berry;" he said, "I do not remember"—I said, "You see you have been dealing with three stolen orders;" he said, "If I have taken them, I took them in good faith, as I have every confidence in Berry"—he then left the room and brought back a postal packet addressed to G. Anthony, 31, Ismalia Road, Wandsworth Road, Fulham, containing two ties stolen by Berry on the morning of his arrest—he said, "I found this under my counter when sweeping this morning"—I said, "Is it not more likely Berry gave it to you to mind?" he said, "No, I found it as I told you"—anybody could open it; it is tied with string, and is intact; he said, "I was going to ask you whether I should give it to the police or hand it to you"—I said, "You ought to have given it up in the morning at the post office"—I reported the matter to the solicitor of the Post Office, and under instructions saw him again on Friday.
Cross-examined. I think he said, "If I have, I have only taken them to oblige a customer"—he was engaged with a good character—we had confidence in Berry until the order was missing and he was seen with White.
Re-examined. A postman is not searched without his consent until given into custody—we ask them to turn out their pockets—some refuse and some say "Certainly"—this man gave his consent because he had nothing on him.
ALBERT BLAKE . (Detective, General Post Office.) On August 25th I had Berry under observation—I saw him go home—I next saw him at 12,30—I asked him to go to the Fulham Sorting Office, where he was seen by Mr. Compton—I afterwards went to White's shop—I said to White, "Do you know a postman named Berry?"—he said, "Yes"—I said, "Did Berry give you anything this morning?"—he said, "No"—I said, "Are you certain?"—he said, "Yes"—I then told him that Berry, at the Fulham Sorting Office, had admitted stealing a letter containing a purse and a sliver matchbox, which he said he gave him to mind—White said, "He did not give them tome; he might have given them to my wife; Berry asked me to change a postal order and stamps; he also had a purse, but after looking at it I handed it back to him; but I changed the stamps and the postal order"—as far as I recollect, between 10 and 11 a.m. he went out of the shop and brought back a 1s. postal order and eleven penny stamps, saying that he had sold one—I asked Mrs. White, who came into the shop, "Do you know a postman named Berry?"—she said, "Yes, as a customer"—I said, "Did Berry give you anything this morning?"—she said, "No"—I then told her that Berry had admitted stealing a letter which-contained a purse and a silver matchbox—she hesitated, and then said, "Oh, yes, Berry did give me a packet to mind; I have not opened it, I do not know what is inside it"—she produced a purse from the top of the piano—I asked her where the match box was—she said, "I do not know"—I opened the purse; the match box was inside—she said, "I did not know of anything inside, because I had not opened it"—I took the articles to Mr. Compton.
Cross-examined. It was in a flower pot on the piano, with a piece of paper round it—I asked to see Mrs. White—she told Mr. Compton, "We have often minded Berry's cape and lamp when going off duty"—he lives within 100 yards of White's shop—the shop was being whitewashed—White has been there three years—he is licensed to sell stamps.
WALTER JOHN PERRY . I am overseer at the Fulham Sorting Office—I received Mr. Compton's instructions by letter—I got a letter from a pillar box and put it with others for the prisoner Berry to sort—it should have been thrown-out—I could not see any sign of its being so treated, and spoke to Berry about it, and afterwards we had an interview with Mr. Compton about it, when the articles were identified as having been in the letter—I remember Miss Chilcott saying at the police court that she had made up a packet of ties and addressed it to Mr. G. Anthony, and posted it on August 24th—it was due to arrive at the Fulham Sorting Office on August 25th, about 6.30, when Berry was on duty and would have access to it.
this way I have done in a perfectly innocent manner. The postal order and stamps that I changed for Berry I changed in good faith as a customer to oblige him, and handed him the 2s. for them; also the packet that he asked Mrs. White to mind for him; she took it in innocence, as frequently Berry has asked us to mind his lamp until he goes on duty, also his cape. The stolen postal orders I have changed I have paid through to my firms in a straightforward way, and certainly should not have changed them for customers if I had any suspicion that they had been stolen With regard to the packet found under the counter on Wednesday morning, I had had whitewashes in to do the shop out, and in sweeping the rubbish up this packet was swept up with it before I noticed it, which I handed to the detective. I have always carried on my business in a most straight-forward way, and am well respected by my neighbours."
White, in his defence on oath, repeated the above statement.
Evidence for White's Defence.
CHARLES BLAMARE . I am a house agent and decorator at 52, Stephanie Road, Fulham—I have been a customer at White's shop—I was in his shop the morning he was taken into custody—I have seen Berry in the shop—on a Tuesday or Wednesday Berry came in and leaned on the counter—Mrs.—White was in the parlour—he said to her, "Mind this purse till I come this evening"—I just saw a leather purse—she took it in the back room—there is a piano facing the door.
Cross-examined. White was packing up boxes, and getting ready for the decorators—he was leaning on the floor—I do not think he could see over the counter, which has three sides.
SARAH ELIZABETH WHITE . I have been married to the prisoner White just over three years—I assist him in his business—I have known Berry eight or nine months—on Tuesday, August 25th,—he asked me to mind a purse—my husband was cleaning under the counter—Berry said, "Will you mind this purse until this evening?"—I took it inside and threw it into a flower pot on the piano—in the afternoon Sergeant Blake came and asked me if Berry had given me anything—I said no, because I had thought no more about it—afterwards I remembered and gave it to him—Mr. White found the packet the next day on the mantelpiece.
Cross-examined. Berry has on several occasions asked me to mind his lamp and cape, and once on a Bank Holiday to mind some money, 2s. or 3s.—we were busy on the Wednesday, and could not leave the shop—we were waiting for travellers.
Re-examined. Blake came about two o'clock—my husband picked the packet up about twelve.
WHITE received a good character.
NOT GUILTY .
BERRY— Nine months' hard labour.
THIRD COURT.—Wednesday, September 9th, 1903.
Before Mr. Common Serjeant.
MR. J. P. GRAIN. and MR. PETER GRAIN. Prosecuted; MR. LEYCESTER.
LEOPOLD DALMAR . I trade in partnership with Mr. Florio, as tobacco importers, at 84, Leadenhall Street—we have three rooms, the clerk's office being in the centre, and the partners' private rooms on either side—only two of the doors are used—we have only one clerk—in May we advertised for a clerk, and took the prisoner into our service—his principal duties were making entries and paying the Customs duties—the Customs do not take cheques, they require coin or notes to be brought before you get your pass out for the goods—we draw an open cheque, which is cashed by whoever is going to pay the duty, and the cash taken to the Customs—the prisoner had nothing to do with filling up the cheques—I kept the cheque book in an American roller desk—either my partner or I filled them up and signed them—my partner and I were in the habit of taking a holiday from Saturday to Monday—on August 7th, Mr. Florio was away—I went to the office with a Mr. Bray that day, and left with him at 1.45—before going I took out the cheque book and drew this cheque for £15 6s. Id.—it is entirely written by me—I gave it to the prisoner, telling him to go to the Bank and cash it, and with the money pay the duty at the Customs House and be back by 3.30, because I expected Mr. Sammes, a customer, to call—before going away I replaced the cheque book in the desk and locked it up, taking the key with me—I live at Ely, and I left the office to go there—I returned to town on Monday evening, and went to the office next day—on Monday evening my partner was awaiting me at our West End establishment—he is now abroad—I know that he saw the prisoner on the Monday—in consequence of what he told me I consulted the City Police, and went with Mr. Florio and Detective Stewart on the Tuesday to where the prisoner was living, and said to him, "Bapty, you have drawn and signed this cheque, and we have to give you into custody"—he replied, "Oh! I have not"—I said, "Indeed you have, Bapty, it is your handwriting"—he was taken into custody—on the way back Detective Stewart asked him how many children he had; he replied, "You are not a friend of mine, I do not see why I should answer your question; I will not talk to you about it"—he was charged at the police station, and said he was not guilty—this cheque for £47 6s. 1d. is filled up and signed by me—I was present when these pieces of paper were found in a box adjoining the table used by the prisoner, which box was used as a sort of waste-paper basket—I have no doubt these names, "Dalmar Florio," "Dalmar Florio," "Dalmar," and so on are in the prisoner's writing—no part of this cheque was written by me—I am perfectly certain it is the prisoner's writing throughout—no duty was payable on the Saturday.
Cross-examined. A number of the scraps on one sheet produced are simply specimens of the prisoner's writing; the other sheet is not—he was merely the clerk; he did not do business with the customers who called—I did not see him between the Monday morning and the time he was arrested, but I know he had conversations with my partner—I have one key of the private door, the other was kept in the desk—the
prisoner told me nothing; I was so certain about the cheque that he was arrested at once—the housekeeper has a key of our door; which is used by the cleaners—Mr. Bray is a constant customer of ours—he buys certain goods outright from us; others he sells on commission—he had no right to "be in the office if we and the clerk were all away, nor take away cigars for a customer without our authority, unless it was a nominal amount—I recognise the writing of the signature on the £97 cheque as the prisoner's—the" ninety-seven" and the "6. 1" are his natural writing.
Re-examined. This is a letter Mr. Bray wrote to my partner about some missing cigars.
By MR. LEYCESTER. 1,000 Bock cigars were missing besides those which Bray had.
SAMUEL SAUNDERS . I live at 83, Tarling Street, Commercial Road, and was employed as lift boy at 84, Leadenhall Street, on August 7th and 8th—I know the prisoner by sight—on Friday he went out to tea at four o'clock, and came back about twenty-five minutes past with another man—I took them both up in the lift—the prisoner got out at the second floor and the other man went up to the fourth floor—on Saturday, August 8th, the prisoner arrived about 12.30—he usually arrived about 9.30—Mr. Bray came to the office on the Saturday about 11.30—he took me to the offices and showed me something—I then went for the police.
Cross-examined. The prisoner was there when I was sent for the police—Mr. Bray was there an hour by himself before the prisoner came—he stopped till past two—on the day before, the prisoner called me up when he came back from tea, and said he could not open the door—I helped him to try and open it—I could not open it, so I put the lift key in for leverage, and the key broke in the lock—I opened the private door for him.
WILLIAM SAMMES . I am a tobacconist, of 41, Cranbrook Road, Ilford—on Friday, August 7th, I called at Messrs. Dalmar and Florio's offices, 84, Leadenhall Street, at 3.20—I found the door locked, and; went downstairs and waited ten minutes—nobody passed me during that time—I know the prisoner by sight—I again went upstairs and found the door of the general office open—I found the prisoner there—I also saw someone sitting at Mr. Dalmar's table smoking a long cigar—I do not know who he was—the desk was open—the prisoner then packed up some cigars I had bought and I left—I did not notice the time.
Cross-examined. I am certain of the time I went because I had an appointment—the prisoner might have been going up the lift whilst I was coming down by the stairs.
Re-examined. The door of the private office was wide open, and the prisoner must have known there was someone sitting there.
HENRY BRAY . I am a cigar merchant, of 28, Cambridge Road, Mile End Road—I work occasionally on commission for Dalmar, Florio and Co., and sometimes sell their goods straight out—I went to their office with Mr. Dalmar on Friday, August 7th, about one o'clock—I had occasion to go there again the next morning about 11.30—I went up, opened the
door, and went in—there was no one there—the day previous, when I left with Mr. Dalmar, I noticed a parcel of rather expensive cigars, and they were not there the next day—I then went to the lift boy and asked him whether he knew the door was open—I then went back and into Mr. Dalmar's room, and noticed the desk had been broken—I stayed in the office until the prisoner came in about 12.30—I asked him where he had been—he said that he did not feel very well that morning—I asked him if he had sent the Bock cigars out; he said that he had not—I asked him where they were; he did not know—I told him I had sold 1,000 cigars to my brother—I then said, "Mr. Dalmar's desk is broken open"—he said that he did not know anything about that—I then sent for the police, and found a key and screw driver in the desk—I gave the police a description of the missing cigars, and gave up the screw driver and key, and then wrote to Mr. Florio—I next saw the prisoner on the Monday when I came to the office—I do not remember whether he was there when I arrived—I had a conversation with Mr. Florio.
Cross-examined. I had an office at 13, Rood Lane, City, but not at the time we are speaking of—I did not use Dalmar and Florio's office for my own business, but I used their note paper for their business, and was there every day—I discovered that the Bocks were gone on the Saturday before the prisoner arrived—I let my brother take away 1,000 cigars before the prisoner arrived as he wanted them—I cannot say that I mentioned it to the police—I wrote to Mr. Florio about it. Re-examined. I have a cigar factory at Cambridge Road, E.—I sometimes went to Dalmar and Florio's three times a day; in fact, I was allowed to use their office as my City address.
ELIZABETH PRESS . I am a cleaner at 84, Leadenhall Street—I go there every evening about 6 till about 8.30—on Friday, August 7th, I was on the third floor of the building about 6 p.m., when the prisoner came up to me and said, "Madam, would you mind coming and locking my door?"—I went down with him—it was the private room door that he wanted locked—I asked him if he was done, and he said, "Yes, we are done for the evening"—I found this key (Produced) just by the desk after the prisoner left—while he was speaking to me I heard someone going down the stairs—all the people in the offices had gone but them.
Cross-examined. The prisoner told me" he wanted the door locked because the lock of the general office door would not work—I noticed that the desk was broken on Friday evening.
Re-examined. I went into the office on Saturday morning about 8 o'clock.
By MR. LYCESTER. I saw this screwdriver (Produced) on the Saturday afternoon when with the police officer.
WILLIAM DAY FRENCH . I am a medical practitioner at 151, Herdley Road, Streatham—I have occasionally prescribed for the prisoner—he came to me on August 9th saying that he had an attack of diarrhoea, and asked me for a prescription, which I gave him—he did not then ask for a certificate—he came again on Monday, August 10th, about 7 p.m and asked me for a certificate, and if possible for it to be dated Saturday, August 8th, which I refused to do—I wrote him one for Sunday the 9th.
Cross-examined. He did not tell me on the Sunday that he was ill on the Saturday—as far as I could judge it was a genuine illness.
HERBERT GEORGE BISHOP . I am a cutler of 71, Houndsditch—I sold this screwdriver or one similar on the Friday after Bank Holiday to a young gentleman in light clothes—that is all I remember of him—I could not identify him.
Cross-examined. Two gentlemen came in when it was sold.
CECIL ARTHUR GRIFFIN . I am a cashier at the London Joint Stock Bank, Finsbury Branch—I know Dalmar, Florio, and Co. as customers at the branch—on August 8th between 10 and 11 as near as I can say this cheque for £97 6s. 1d. was presented to me over the counter—I cashed it in notes and gold—I had on the 7th cashed this cheque for £15 2s. 7d.—that is a genuine cheque—I cannot say whether the prisoner presented it—on the following Monday we were communicated with by Mr. Florio, and in consequence the pass book was made up and the cancelled cheques, which included that £97 6s. 1d. one, put in.
Cross-examined. The pass book with the cheques was handed to the prisoner on the Monday under cover, and it was he who took them back—the signature on the forged cheque is a very good imitation of Mr. Dalmar's signature—it completely deceived me and would deceive me again—I am inclined to say that the body of the cheque was in the same writing as the signature.
Re-examined. On the genuine cheque for £15 6s. 5d. Mr. Dalmar puts his figure of the date first, 7th August, 1903, on the other the word "August" cames first, but bankers are not concerned as to who fills up the body of the cheques.
LEONARD CLARENCE BROOKS . I am in the Issue Department of the Bank of England—I produce one £5 note and nine £10 notes, which were all presented on the same day at the Bank to be changed into gold, which was done—it is the custom to have only one name put on the back of one note—the name of J. C. Long appears on the note—they were cashed on Saturday, 8th August, between 10.30 and 11.30.
Cross-examined. The name was on one when it was cashed.
THOMAS HENRY GURRIN . I have been for many years a professional expert in handwriting—I have had placed before me two sheets of bits of paper and other documents of a similar kind, and also two cheques now before me—I have compared the one for £97 6s. 1d. with the writing in the order book now before me, which I was told was in the prisoner's writing, and with the writing on both these sheets of scraps, and I should say without any doubt that the signature on that cheque was written by the person who wrote these names on the scraps and also is in the same writing as the specimens of the prisoner's writing in the order book.
Cross-examined. I find there is a marked resemblance between the natural handwriting of Mr. Dalmar and the natural handwriting of the
prisoner, so that anyone skilful enough to imitate Mr. Dalmar's writing would necessarily produce something very similar to the prisoner's writing—a number of specimens on these scraps appear to me to be in the prisoner's natural writing, and where we come to the name of Dalmar, Florio and Co. there appears to be an attempt to imitate the genuine signature.
Re-examined. Taking the forged "August "I think a resemblance is very marked to similar letters in the order book.
JOHN STEWART . (Detective, City.) On Tuesday, August 11th, I took the prisoner into custody by Mr. Dalmar's direction at his home at Streatham—I told him he would have to come to the City with me as Mr. Dalmar had given him into custody for stealing a cheque book and forging and uttering a cheque—after he was charged he said, "I know nothing about it; it is difficult for them to swear to handwriting, it requires an expert."
Cross-examined. No charge was made against him with regard to the stolen cigars—I searched his house but could not-find any cigars.
JAMES JONES . (Police Inspector, City.) On August 8th I went to 84, Leaden-hall Street about 2.45 p.m.—I there saw the prisoner—he reported a robbery of cigars, and also that an American roll top desk had been forced open—Sergeant Norwood handed me the screwdriver and key—I compared the marks on the desk with the screwdriver and found that they corresponded—the lock had been forced—I asked him if anything had been stolen from the desk and he said, "I do not think so, I do not know much about this desk, I do not use this office," and then he pulled a small drawer open on the left hand side of the desk and said, "Four or five shillings has been taken from here"—I said, "Is that all"—he said, "Yes."
Cross-examined. I was not the first officer to go there—the prisoner gave me details of the cigars stolen—I examined the door but found no marks—the Sergeant handed to me the broken key, and the prisoner said, "This key here was found underneath the roll top desk."
WILLIAM NORWOOD . (City Police Sergeant 22). I went on August 8th to 84, Leadenhall Street, about 2.15—I found Mr. Bray and the prisoner there—they stated that the previous day twenty-seven boxes of cigars had been removed, and that a key had been found in the office—the prisoner said he went out on the previous day about 12.30, leaving his governor in the office, and when he returned at two they were gone; that he went out again at 3.30 and returned at 5 and tried to open his door with the key in the usual way and could not turn it, so he called the lift boy, who put the key of the lift through the ring of his key and tried to turn it, but in doing so broke the key in the lock.
Cross-examined. Bray stated to me that the cigars had been stolen and also that this strange key had been found in the office—he also said that he was there about 11.30, and that the prisoner came in after 12—he did not say anything about his brother having been there.
The prisoner, in his defence on oath, stated that he left the office on Friday, August 7th, at about 1.45, leaving Mr. Dalmar and Mr. Bray there; that he
returned soon after three; that a canvasser for some directory came in who stayed for some time, and while he was there Mr. Sammes came in; that he (the prisoner) went out at 4.30 and again at 4.45, returning at 5.15, and tried to open the door with his hey, but could not do so; that the lift boy broke the key in the lock, and that he went in through the private door and did not notice anything wrong; that no part of the £97 cheque was in his writing, and that he did not cash it and knew nothing about it.
NOT GUILTY .
NOT GUILTY .
FOURTH COURT.—Wednesday, September 9th, 1903.
Before Lumley Smith, Esq., K.C.
660. EDGAR BENJAMIN HINDLE (36), PLEADED GUILTY . to fraudulently converting two sums of £17 10s. each, to his own use and benefit, having received the same of and on account of Haikorn, Limited . Discharged on his own recognisances. —
(661). HARRY SCHLOSS (23) , to receiving twenty-five spoons and other articles, the property of Trusson Collett, well knowing them to have been stolen. Fifteen months' hard labour. — [Pleaded guilty: See original trial image.]
(663). HENRY DEAN (21) and ERNEST BONNER (23) , to breaking and entering the warehouse of Wm. Palmer with intent to steal therein. Twenty months' hard labour each. [Pleaded guilty: See original trial image.]
MR. RODERICK. Prosecuted, and MR. HAWTIN. Defended.
JOSEPH RAYMOND . I am manager of the "Cold Storage and Ice Trades Review," of 19, Ludgate Hill—the prisoner was employed by the firm as an advertisement canvasser—on July 27th he brought me this order (Produced) purporting to come from Messrs. Pooley, weigh-bridge manufacturers—he told me he had been to their Fleet Street branch, and had seen Mr. Pooley and had got the order from him—the signature is more like "Pollin" than "Pooley," and I told him so—he replied, "Whether it is 'Pollin' or 'Pooley,' Mr. A. M. Pooley signed it in my presence and gave it to me"—the order was for £30 and his remuneration was 25 per cent.—he had had £2 8s. previously, and I paid him £5 2s.—the same day I wrote to Messrs. Pooley acknowledging the order, and by return of post received a letter from them repudiating it—I then sent a telegram to their head office at Birmingham and received a letter from there confirming their other letter—I wrote to the prisoner about it and the letter was returned marked "House empty."
Cross-examined. The prisoner first canvassed for "Cold Storage about June last—prior to that he had canvassed for "Health Resort.' A paper of which, I was secretary—about a month before July 27th he told
me lie thought he should be able to get an order from Pooley's, and; on that I advanced him £2 8s. in three instalments—it is quite usual for canvassers to share commissions—I am positive the prisoner told me that Mr. Pooley had signed the order in his presence.
SAMUEL DERBYSHIRE . I am managing clerk to Hy, Pooley and Sons, Limited—this order for an advertisement does not come from my firm—I know the writing of all the members of the firm, and the signature A. M. Pooley is not any of theirs—there is no A. M. Pooley in the firm at all—an advertising order for £30 would not be given in London, but at Birmingham.
Cross-examined. Small orders are given in London—I do not know anyone named Beard—there is not a Mr. Pooley in London attending to the business—this advertisement in "Gold Storage" has been copied from our catalogue, which is given away freely.
FREDERICK HOLMES . (City Detective Inspector.) I arrested the prisoner at 18, Beechcroft Terrace, Woodford—I read the warrant to him-he said, "I know all about it, I have a perfect answer to the charge."
The prisoner, in his defence on oath, said that he did not get an order from Pooley's personally, but arranged with a fellow canvasser named Beard to get it, who gave him the order form already signed; that he paid Beard £3 1s. 6d. for getting the order, and had every reason to believe it to be genuine; and that he did not tell Mr. Raymond that Mr. Pooley had signed the order in his presence.
The prisoner received a good character.
NOT GUILTY .
MR. BOHN. Prosecuted.
HUBERT SMITH . (991 City.) About 3 p.m. on August 29th, I was with Simmons in Bishopsgate Street Without, and saw the prisoner wheeling a bicycle hurriedly—I followed him to Worship Street and there stopped him—I asked him where he got the bicycle from, and he said, "Mr. Clark, of 66, Cambridge Street, met with an accident in Bishopsgate Street, opposite Dirty Dick's, and sprained his ankle, and he has given me (3d. to wheel it home for him"—as he was not going in the direction of Cambridge Street, and I did not think his explanation satisfactory I arrested him—he was searched at the station and one penny was found upon him—I have made inquiries at 66, Cambridge Street, and no one of that name lives there.
Cross-examined by the prisoner. I saw another man walking behind you.
ARTHUR SIMMONDS . (936 City.) I was with Smith in Bishopsgate Street Without, on August 29th—I saw the prisoner pass us wheeling a bicycle—he looked suspicious, and we followed him—we stopped him in Worship Street, and asked him where he got the bicycle from—his explanation not being satisfactory we arrested him.
to get my ticket—I was away two or three minutes, and when I returned the bicycle was gone—I complained to the station police, and they advised me to go to Bishopsgate Street Station—I went there and was there shown my bicycle.
Cross-examined. I did not see you take it.
GUILTY . He then
PLEADED GUILTY. to a conviction, in the name of Thomas Norton, on March 8th, 1897, of attempting to obtain goods by false pretences, and seven other convictions were proved against him. Eighteen months' hard labour.
OLD COURT.—Thursday, September 10th, 1903.
Before Mr. Justice Ridley.
666. HARRIET RIMELL (62) , Feloniously setting fire to a dwelling house, Eliza Christy being then therein. Second Count, setting fire to the said house with intent to defraud and with intent to injure.
MR. BURNIE. Prosecuted; MR. PURCELL. Defended.
FRANCES CHRISTY . On July 15th I was residing at 5. Clinton Road, Tottenham, which was occupied by the prisoner—Mr. Christy and I occupied the front room on the first floor—I have two children, a boy of fourteen and a girl of nine months; the boy went to school—I think I had been at the house since May 20th—the prisoner had a cocoanut pitch at the Alexandra Palace—she is married—about a fortnight before the fire I was in the kitchen in the morning; the prisoner said she had only taken 4d. the day before at the Palace, and 6d. the day before that, and that the insurance was running out, and if she had a good fire it would about put her right—I said, joking, "Why don't you have one"—she said, "I am nearly out of the insurance and it would be suspicious for me; it would be best to take place in your room; you can easily put some clothes to air and make a big fire and go out and leave them; you can take the children and go out and tell me when you have done it"—she said she would not give the alarm until it had got well hold of the place, or something to that effect—I said, "Good Lord, you are saying enough to get me seven or ten years"—she said, "How would they know; how would they find out"—I said, "How do they find out things after they have been done years?"—when Mr. Christy came home I started telling him about it; while I was doing so, the prisoner, who I believe was outside, came in, and I finished telling Mr. Christy what she had told me in the morning—the prisoner said, "I will give you £50, and it will buy you double as good a home as you have"—she said she should get £250 if it was all gone—Mr. Christy said, "I should lock her or anybody up who did such a thing wilful"—between that day and July 15th the prisoner told me two or three times that she had" dreams that my place had been on fire—on July 15th, about 8 a.m., she called me and said, "I had another dream last night that your place was on fire, and it seemed so true to me I came out on the landing to see if it was true"—I said, "Don't worry about it, I am too careful"—
she said, "You never know; I have dreamed two, when I have dreamed three times it comes true"—I sent my boy to school and then went to pawn some things for the prisoner—I brought her back the money—I said, "I am going out"—she said, "What time will you be back"—I said, "A little before two to send the boy to school"—that was soon after 10 a.m.—I took the baby with me and the boy was at school—I went for a walk on the Down Hills; then I returned and sat on a bench on the green opposite the house—I sat there from 12 to 2—my boy came back from school—I was speaking to an old lady by me, and I saw the prisoner looking out of the window of my room—that was just before two—about 2.30 I went into the house; directly the prisoner opened the door I said, "What a funny smell, just like hair burning,"—she said, "It is nothing, only some hair under the copper"—when I went up stairs with the baby and the boy there was more smell—my door was half way open—I had shut it when I came out in the morning—I then sent my boy to school, and went down to the back kitchen and filled a jug of water, leaving the baby just inside my room—while I was getting the water the prisoner kept hurrying me to go up and see if baby was all right—she said, "Why don't you go up and see if the baby is all right"—I said, "She will be all right, I have only left her a minute"—she said, "Why don't you go and see if she is all right"—I said, "She will be all right," and I went up—I got up on the first floor and saw the place on fire—I saw smoke coming out at the top of the door—I called out, "God help me, save my baby, the place is on fire"—the prisoner did not come up—I rushed up the second flight of stairs—I could not walk into the room, but I crawled in on my hands and knees, and pulled the baby out by the back of her neck—she was in the same place where I had left her; she had a little drop of water in a doll's basin which she was playing with—I got the baby down stairs—as I was going down the prisoner caught hold of me and said, "Stop here, fool; wait until it gets through to my parlour, and I will buy you all you lose"—I rushed to the front door and called a neighbour, Mr. Barker, who came in with the police—some firemen came and the fire was extinguished—I had had no fire in my room for a fortnight—I used to cook by the gas down stairs—no lamp had been burning in my room that day—I afterwards found out that the fire began in the cupboard in my room—the last time I had opened it was about 8.15 or 8.30 that morning—there was clothing and a tool box with tools in it, and an empty half-gallon oil can hanging up on the right side—there were no matches in the cupboard—I do not think the prisoner said any more to me about the fire that day—later on Mr. Christy came home—I was not present when the prisoner spoke to him—a few days afterwards I was in the room with the prisoner and my mother, Mrs. Bell—I said to the prisoner, "Here is a nice home, all through you"—she said, "Why don't you shut up and keep in doors and say nothing to nobody, and if I get my insurance money I will give you something towards what you lost"—she got into a temper with me and said, "If you don't say your baby had matches in her hand when it happened, I shall say you did it"—my mother said,
"You wicked old cat to say my daughter would do such a thing as that"—my child had no matches in her hand when I left her in the room—a few days after the fire I left the house and went to live at 31, Clinton Road; the prisoner had told me I should have to get out.
Cross-examined. I had not known the prisoner before I went to her house in May—I saw an advertisement and so took the lodgings—I have been living with Christy for nearly four years—I have a husband—I am separated from him for cruelty—I occasionally do a little needlework—the baby is Christy's, and the boy is my husband's—this is not the first time I have given evidence in a criminal Court, once I was a witness against a man for highway robbery—I did not charge him, I saw it done—the case was not sent for trial—I think the man was fined 40s.—it was seven years ago—I do not know the date that the prisoner started her cocoanut pitch, it was some time in July—I considered at first that she was joking about the fire, but afterwards I thought it was serious—I still remained in the house—before July 15th she spoke to me about the fire two or three times—I think the third time was on the day of the fire—I did not go to the police—I did not think she meant it—I mentioned the statements to a turncock a few hours after the fire—I do not know his name—I do not know if he is here to-day—I told Detective Wood about him, and I had told him of the prisoner's statements—Wood came to my place about a week after the fire—I have never told anybody that the fire was caused by my baby playing with matches—I know Ellis, the carpenter; he did not come into the room and assist to put the fire out—he did not say "How the deuce did this occur"—I did not say, "My child must have been playing with the matches"—I never spoke to him—I know Mary Jane Vicary—she did not meet me coming down stairs at the time of the fire—she did not say to me, "Where is the fire"—I did not reply, "In my cupboard"—she did not say, "How was it caused?" and I did not say, "My child was playing with wax vestas"—that is absolutely untrue—I know Thomas Rose—he was not there at the time of the fire; he came afterwards—he saw me in the kitchen—he did not ask how the fire was caused—I did not say, "The child was playing with matches"—I told him what the prisoner had said, and he said, "Shut up, I want to write her letters and I want to get something for it; Mrs. Rimell is a friend of mine"—I told him on that day that the prisoner had talked on the previous day about having a fire—I did not hear Rose give evidence before the Magistrate—the prisoner did nothing to call in assistance; in fact, she stopped me from calling assistance—I know Emily Last—I saw her at Clinton Road that day, she was the first one I saw—the prisoner was not then on the door step screaming and wringing her hands—I should have seen her if she had been doing so—she came out and stood on the door step after I had been out and called a man—I did not hear her say to Mrs. Vicary, "Come up and see what you can do, my house is on fire"—I never leave my baby alone in the room; I sometimes leave the boy—once the prisoner showed some anxiety as to whether the boy would fall out of the window, he got on to the window ledge—when I came in on the day of the fire,
a little after two, I smelt the fire—Mrs. Vicary did not ask me, "Did you smell the fire"—I did not say, "Not at all, that is the funny part of it "I remarked to the prisoner about it, and then went up to my room—I stayed there two or three minutes—I only noticed the smoky smell there—I went down stairs to let my little boy go to school, and to get a jug of water—I was only a minute or two doing that—nobody was in the passage then; the smoke had filled my room—I was not there for thirty minutes—I called out to the prisoner that a funeral was in the street; that was just before I went down for the water—I did not see her after I left the house till she was in custody—I asked my husband to go and get some saucepans that I had left in the kitchen.
WILLIAM CHRISTY . I now live at 31, Clinton Road, Tottenham, and am a pressure gauge finisher—from May until some days after the fire I was living at the prisoner's with the last witness—one evening some weeks before the fire I came home from work about 6.45, when my wife told me of a conversation that she had had that afternoon with the prisoner, who then came into the room, and my wife told me in her presence that the prisoner had offered her £50 if she would set fire to the place—I said, if anything occurred like that or if the place was set fire to and I thought it was done wilfully I should have it thoroughly investigated and have them locked up—the prisoner said, "Say no more about it"—on July 15th I came home about 6.45—Mrs. Christy met me at the door and said something to me—the prisoner was standing near—Mrs. Christy said, "We have been burned out"—I said, "Good God, how did it happen?"—she said, "The child is supposed to have been playing with matches"—the prisoner said, "Hold your noise, you fool, or you will have no home to-morrow"—I went upstairs to have a look at the fire—then I came down into the kitchen—about an hour and a half afterwards the Insurance Agent came—before that the prisoner said that the child had caused it by playing with matches—I said I did not see how that could be, because there were only two matches in the room in a tin box when I left home—the height of the mantelpiece from the floor is about 3 ft. 6 in.—I left 5, Clinton Road, and went to number 31, and on the Sunday following I saw the prisoner at her door—I went there to ask for my razor which had disappeared from my mantelpiece, and a saucepan and one or two other things that had been left behind—the prisoner said she had given them to the dustman—she said her husband was in the hospital and she did not want to be upset—I said, "I have not come to make a disturbance here on any account, I have simply come to ask for my razor and a saucepan that was left in the yard"—she told me the dustman had taken them all away—I asked her what she was going to do, and she said nothing.
Cross-examined. I think we had left the prisoner's house that same week—my razor only cost 1s. 6d., but as it was mine I though I might have it—I had not taken it away with me because it had disappeared °5 the mantelshelf and I forgot it—nothing was said about the fire or insurance on the Sunday—there had been a collection in the street for me and my wife among my fellow workmen—I did not say to the prisoner on the Sunday, "What are you going to do after you have got your
fire insurance money"—she did not say, "What do you mean?"—I do not say, "If you don't give us some I will put you away"—she did not say, "If you don't get off my door step I will have you locked up"—I did not reply, "We will see about that"—I did not communicate with the police at all, I had not time—my wife went up to the fire office—the nearest police station is about ten minutes' walk from Clinton Road—the conversation about the razor and the saucepan took about five minutes—I am not sure if I told the Magistrate that my wife had said that the child was supposed to have set the place on fire—I am sure that my wife said it—only the prisoner was present when she said it.
Re-examined. My wife went to the fire station the day after the fire and made a statement to the turn-cock, and I believe she made a statement to him on the day of the fire as well.
FRANCES CHRISTY . (Re-examined.) This is my baby—she can only toddle—she could do so in July, but she had not moved from the place where I had left her in the room—she was quite close to the mantelpiece—my matches had not been moved.
MARIA TAYLOR . I live at 109, Clyde Road, Tottenham, and am a widow—on July 15th I was sitting on a seat on West Green—I could see Clinton Road from there—Mrs. Christy was sitting by me for about fifteen minutes—in consequence of something she said I looked up Clinton Road and saw someone at the window of a room on the first floor of the third house from the end of the street.
Cross-examined. I had sat on the seat on other days—I had been there three or four times that week because my daughter was ill and I was minding her children—I did not attach any importance to what happened on that day—they were all strangers to me—I think I was first spoken to about this on August 7th.
By the COURT. It was on the day of the fire that I saw somebody at the window—I saw the engines go by.
ALBERT BARKER . I am a gas stoker of 31, Clinton Road, Tottenham—on July 15th I was standing outside my door between 2 and 2.30 p.m.—I saw a crowd of people outside 5, Clinton Road—I heard somebody halloa out that there was a fire, and when I got up there Mrs. Christy came running out of the door and the prisoner behind her—Mrs. Christy said, "For God's sake, my place is on fire, rush upstairs"—when I got upstairs I opened the landing window and knocked the lid of the cistern off which was outside the window—then I got some pails and barrels with my next door neighbour and chucked water about the room—we could not see into the room for smoke—we did not find the fire until the firemen came.
SCOTT MONTGOMERY EDINGTON . I live at Argyll Road, Tottenham, and am superintendant of the Tottenham Fire Brigade—at 2.50 p.m., on July 15th, I received a call from the fire alarm—I went to 5, Clinton Road; when I got there the fire had been got very well in hand by some men I had sent on, and by some strangers—I went over the premises—I went into the first floor front room, and found that the fire had originated in a cupboard at the far end of the room; the inside of the doors were very severely charred; all the contents had been pulled out by my chap—
outside there was no very great damage; there was one line of fire outside which I found on a second examination, and which had spread slightly to the bed, which was two or three feet off—I saw the prisoner down stairs, and asked her if she was insured; she said yes—I did not ask her about the origin of the fire, and she did not tell me—I was told that the fire occurred in the portion of the premises occupied by Mrs. Christy, and I only applied to her—on August 6th, at 8.30 a.m., I went there again with Sergeant Wood; the prisoner had a conversation with him, and after that I said, "I do not wish to ask you any questions, Mrs. Rimell, but with your permission I would like to just have a look at that cupboard, as the case will be coming on in Court, and I should like to refresh my memory"—as we went to the door, Wood said, "I should like you to tell me, Mrs. Rimell, how often you used to come into this room;" she said, "Never"—Wood said, "Surely you went in sometimes;" she said, "No, I never went in at all, the room was too dirty"—I examined the cupboard in her presence—I noticed on the right hand side of the wall a sort of oily mark on the paper; while I was looking at it, the prisoner said, "They used to keep their clothes, rags, I called them, ail along the wall"—I said to Wood, "There is a portion of the wall paper which appears to have an oil mark on it, I shall take it off;" this is it (Produced)—she said, "Oh! that is where they used to keep the frying pan"—that was on the wall inside the cupboard—I cut it out; it might be due to the frying pan—Wood then said to the prisoner, "Really, Mrs. Rimell, I must again caution you; a minute ago you said you never came into the room, and now you are showing an intimate knowledge even of the contents of the cupboard"—in the opposite corner of the room to the cupboard I noticed there was a deep burn, extending along the floor towards the bed, as if oil had run out and then taken fire—I take it that it was that which actually fired the bed—it looked as if somebody had thrown oil into the cupboard, and then it had run out—the fire undoubtedly originated in the cupboard—the door of the cupboard was a double one, and opened in the middle—they were undoubtedly closed at the time of the fire—along the top, where the doors shut, there is a mark where the smoke oozed out—the room was practically untouched, except for the bed, and I do not think that would have taken fire except for the oil—if a child of eight or nine months had set fire to it, it could not have shut the door, and if a child lights a fire it does so to see it, and would not shut the door.
Cross-examined. When I questioned Mrs. Christy as to the cause of the fire, she said, "I cannot think what it was, unless it was the child playing with matches," then she at once turned round and said, "It could not have been that, because there were only two matches in the room"—that was the first time I heard that it might be the child; such an explanation is impossible; I would not put it down, I reported, "Cause unknown"—when I saw the cupboard the rags were lying as our fellows had pulled them out—I did not see the oil can—there were holes in the wall where nails had apparently been—there were no nails there then on which the can could be hung—it did not look as if the oil had been splashed; there was a straight rivulet.
By the COURT. I first heard that the prisoner had been talking in this way, about two days after the file—one of our turncocks left word at the fire station that she was saying that the old lady had set the place alight—I think I said, "It is a pity she did not go to the proper authorities"—I did not take much notice of it; there was a growing rumour about it.
EDWIN FROST . I live at II, Hanover Road, Tottenham, and am fire loss assessor to the London and Lancashire Fire Assurance Company—the prisoner's husband had a policy of insurance with the office on furniture and other things at 5, Clinton Road, for £250—on July 18th the office received a claim, marked "A."—it was handed to me—I do not know whose writing it is in—I went to 5, Clinton Road, on July 21st—I saw the prisoner, and told her my business as to the claim, and that I also wanted an explanation as to the ownership of the property, as I had received a letter about it—she said she had effected a bill of sale on the goods and had nearly paid off the loan—I said that as the people who had advanced the money had insured them in another office she had better write to the other office and apportion the loss—I went up stairs to the first floor front room, and saw traces of a fire—I asked her if she could give any explanation about the fire—she said it was caused by the lodgers' child; whether a little boy or girl I cannot say—she said it had been playing with matches—I went up stairs to see what further damage had been sustained to the building, and noticed in the back room on the second floor that one of the beds had been covered with water—I asked for an explanation, and she said that the men putting out the fire had thrown water over it—I asked her where the lodger was, and she said at work—on July 30th, in the afternoon, I called again—I saw the prisoner, and said that I had a claim for the damage to the building, that I wanted to check it, and to arrange for the damage to the furniture—she said that the claim had been prepared by a friend, and that one bed and bedding too much had been claimed for—I went up stairs and examined the cupboard again—I told the prisoner that the amount of fire could not have been caused by a match only being thrown down, and that the marks of burning on the floor, in my opinion, were the results of paraffin—I do not think she said anything to the point in answer to that—I asked her where the lodger was, and she said she had gone to 31, Clinton Road—I left a card with the prisoner, saying I would agree to the amount of damage on behalf of the office interested—I went to 31, Clinton Road, and had a conversation with Mrs. Chesty, in consequence of which I returned to the prisoner and told her that from particulars I had gathered I required the card back again, and that I could not negociate any further in the matter, but must report to the office—she wanted me to go inside again, but I said, "I refuse to discuss the matter any further with you"—she handed me the card and I left.
Cross-examined. The amount claimed was £21 16s.—my estimate of the damage was about £8.
FREDERICK WOOD . (Detective Sergeant.) On August 2nd Mrs. Christy made a statement to me—it was taken down in writing and signed by her—on August 6th, about 8.30 a.m., I went with Mr. Edlington to 5, Clinton
Road—I saw the prisoner—I told her I was a police officer, and that Edlington was the superintendent of the fire brigade—I cautioned her, and said that whatever she might say to me I might have to give in evidence against her, and that I should take her into custody for setting fire to a dwelling house, endangering the life of herself and a child there—she said, "Yes, I understand; could I not easily set fire to my own room? I did not go into her room, it is too dirty, and I do not know what she had in the cupboard; I never sent her to pawn anything that morning for me; I had a bill of sale on the furniture and pay 15s. per week for the £30, and £2 10s. is owing; I have not paid anything off lately; I have had two loans of £30, one is now paid off; I have never had a fire before, and I have lived here since last September, and pay 14s. a week."—I then went up stairs with the prisoner and Mr. Edlington,—while the superintendent was examining the cupboard the prisoner commenced talking—I checked her, and told her I should put it down—she said, "That is" where the frying-pan was hanging down,; the cupboard was full of old clothes; the Christy's did not know I was insured until the man asked me the number of my policy, or had any loan on the furniture; I never went into Mrs. Christy's room that morning"—I took her to the police station, where she was charged—before she was charged I read the statement Mrs. Christy had made on August 2nd over to her—she said, "That is all false." (The statement was then read, and was a repetition of the evidence given by Mrs. Christy)—in reply to the charge the prisoner said, "That is all false."
FRANCES BELL . I am the wife of Trustfield Bell, of 347, West Green Road, Tottenham—Mrs. Christy is my daughter—on the day after the fire I was at 5, Clinton Road—the prisoner came into my daughter's room while I was there—oh the following Friday I was there again—my daughter said to the prisoner, "This is a nice home I have got now; this is what you have done for me"—the prisoner said, "If you don't say your child had matches in her hand when you picked her up I shall say you did it"—I told her she was a wicked, bad woman to say such a thing.
Cross-examined. Mrs. Rimell is practically a stranger to me—I think I first saw Detective Wood after Bank holiday, but I am not sure.
The prisoner, in her defence on oath, said that she had not said that she wanted to have a fire at her place or that one would put her right; that she had not said that she dreamt there would he a fire in the house; that all Mrs. Christy's statements were untrue; that she did not go into the room on the day of the fire until it was all over; that directly she heard of the fire she ran to the front door and gave the alarm,; that the people who came in asked Mrs. Christy how it happened, and that she said her child had been playing with matches and set fire to the cupboard; and that she had not set the place on fire.
Evidence for the Defence.
VIOLET PIPER . I live at 5, Clinton Road, and am the-prisoner's niece—I was at home with my aunt on the day of the fire—she was washing in the morning in the washhouse—she began about 9 a.m.—I was with her from then until I heard the alarm of fire—she did not go up stairs at all that morning while I was with her—I first saw Mrs. Christy that day about
1.30, when I opened the door for her—the prisoner was then down stairs in the kitchen—Mrs. Christy did not complain to me then of smelling anything—she went up stairs—she came down for a jug of water—she went up again, and was there for two or three minutes, and came down and said, "My 100m is on fire," the prisoner ran to the street door directly—I afterwards heard Mr. Lambert asking Mrs. Christy if she could explain the fire, and she said, "My child done it with the matches."
Cross-examined. I was not called before the Magistrate—I was not in Court—the prisoner did not open the door to Mrs. Christy.
EMILY LAST . I live at 3, Clinton Road, Tottenham, and am the wife of Arthur James Last—on July 15th I heard screams about 2.30—I went to my door—I saw the prisoner on her door step screaming and wringing her hands—she said, "My God, Mrs. Last, my house is on fire"—I saw Mrs. Christy afterwards, but not then—she said she had come down for a jug of water, and when she went up her room was on fire, and that she had to drag her child out—she did not say how the fire occurred.
Cross-examined. I was before the Magistrate—I did not hear the prisoner give evidence there.
MARY JANE VICARY . I live at 7, Clinton Road—on the day of the fire I was indoors—I heard screams, and went into the garden—I saw the prisoner's niece—I went to the front of the house, and saw the prisoner, who said, "Come in and see what you can do, my house is on fire"—I went up stairs, and saw Mrs. Christy coming down with her baby—I said, "Where is the fire?"—she said, "In the cupboard in my room"—I asked her how it happened—she said through her child playing with wax vestas—about 3.30, after the fire was out, I went to the prisoner's kitchen—Mrs. Christy was there, and a man named Albert and Mr. Rose—I asked Mrs. Christy if she had not smelt the fire—she said, "No, not at all, that is the funny part of it."
Cross-examined. I went to the station—I heard the statement which Mrs. Christy had made read over to the prisoner—I did not say a word about what-Mrs. Christy had said to me.
Re-examined. I was not asked any questions at the station—I heard the prisoner say there that it was all false.
THOMAS ROSE . I am a builder of 21, Derby Road. Tottenham—on July 15th I was in Clinton Road about 2.20 p.m.—I saw there was a fire there—I went up and saw the prisoner standing at the door holloaing for assistance—I went up stairs and saw Mrs. Christy on the top landing—she said the fire was in the cupboard—after I had assisted in putting it out I saw her in the kitchen and said, "How do you account for the fire?—she said, "The child was playing with matches"—she never told me that the prisoner had been talking to her about having a fire, and would, give her £50, and that it would be an easy thing to do, or that she had been dreaming about a fire.
Cross-examined. I was in the kitchen on the day of the fire for about thirty minutes, having a cup of tea—I was a stranger to Mrs. Christy, but as I had been up stairs putting the fire out they asked me to have a cup of tea, and of course I had one.
HENRY ELFORD ELLIS . I live at 12, Grove Park, Tottenham, and am a carpenter—I went and helped to put this fire out—I asked Mrs. Christy how the fire occurred—she said her child must have been playing with matches—she was then on the landing while the water was being fetched.
Cross-examined. I was the first there—Barker tells an untruth if he says he was there first—I was not drunk—I was arrested outside this Court the day before yesterday for being drunk—I was taken to the Mansion House and fined.
Re-examined. I had to wait all Tuesday and Wednesday.
GUILTY. on the Second Count . Three years' penal servitude.
NEW COURT—Thursday, September 10th, 1903.
Before Mr. Recorder.
667. THOMAS JONES (21) PLEADED GUILTY. to unlawfully assaulting Henry McFarland and occasioning him actual bodily harm. He was again indicted for feloniously wounding James Chalk with intent to disable him and to do him grievous bodily harm.
MR. BODKIN. Prosecuted.
JAMES CHALK . (284 l). I was on duty at a little before midnight on August 4th in Tyer Street, Vauxhall—I saw the prisoner standing on the footpath with other men and using bad language—he appeared sober—I requested him to go away—he said he should not go away for me, and if I interfered he would punch me in the jaw—I asked him again to go away, or I should take him into custody for creating disorder in the street—he struck me two violent blows on my face with his fist—I closed with him—we fell, and while on the ground he kicked me four times on my face—I got up and closed with him again—with the assistance of another constable he was taken to the station—I gave evidence the next day, but was absent twenty-two days from duty.
EDWARD ROWE . I am divisional surgeon at Lambeth, and practise at 153, Kennington Park Road—just after midnight on August 4th I attended to Chalk's wounds—he was suffering from a contusion of both eyes, a lacerated wound under his right eye, a quarter of an inch long, two contusions on the forehead, two wounds on the bridge of the nose, and a swelling over his left cheek bone and lower jaw from severe blows—his face was very much swollen—his right eye was closed and his left eye nearly so—he was absent from duty about three weeks from disfigurement—the injuries might have been caused by the prisoner's boots.
SAMUEL LAYER . I received the prisoner at Kennington Lane Station—he was drunk and very violent and had to be put back in the cell, and was not charged till 6 a.m.—he replied, "I must put up with it"—he had sole plates on both boots—he was wanted on a warrant at the time.
GUILTY . Eighteen months' hard labour and six months for the assault on McFarland, to run concurrently.
668. FREDERICK MANNING (21) and CHARLES MANNING (29) PLEADED GUILTY . to forging and uttering orders for the delivery of goods, the said CHARLES MANNING also to stealing four bracelets and other goods value £50 the property of Emily Richards, and thirty ounces of gold, the property of Johnson Matthey and Co., Ltd .; the said CHARLES MANNING and ALBERT BAUSENHART (21) to conspiring to obtain by false pretences from William Wilkinson and others divers rings, and obtaining goods by false pretences with intent to defraud; and the said CHARLES MANNING, FREDERICK MANNING and ALBERT BAUSENHART to conspiring with others by false pretences to obtain from Johnson Matthey and Co., Ltd., a quantity of pure gold, their property; also to obtaining goods by false pretences with intent to defraud. CHARLES MANNING, having been convicted of felony at this Court in November, 1896, Fifteen months' hard labour. FREDERICK MANNING Six months' hard labour; BAUSENHART Twelve months' hard labour —
(669). JOHN DALY (42) , to stealing a watch, the property of John Wilson, from his person, having been convicted of felony at this Court on April 10th, 1899, in the name of John Sullivan. There were eight convictions and four summary convictions against him . Three years' penal servitude. — [Pleaded guilty: See original trial image.]
(67l). PATRICK PERCY THOMAS HEWETT (16) , to carnally knowing Daisy Caroline Hewett, a girl above thirteen and under sixteen years of age. He was stated to be of weak intellect. Six months' hard labour. — [Pleaded guilty: See original trial image.]
(672). WILLIAM HENRY SMITH (28) , to stealing £2 8s. 6d., the moneys of Henry Rails, having been convicted of felony at Kingston-on-Thames on August 18th, There were several other convictions recorded against him . Eighteen months' hard labour. —And [Pleaded guilty: See original trial image.]
(673). THOMAS TINGCOMBE (42) , to forging and uttering orders for the payment of £6 2s. 6d., £37 9s. and £6 2s. 6d. with intent to defraud; also to stealing the said orders, the property of William George Millar, his master. Nine months' hard labour. [Pleaded guilty: See original trial image.]
MR. B. A. SMITH. Prosecuted.
GEORGE HENRY BURGIN . I keep the Lord Nelson, a licensed beer house, at 101, Wells Street, Hackney—on July 4th, about 9.40 p.m., I left the bar to collect the glasses—two Salvation Army men were standing at the front door selling "War Cries"—as they were creating an obstruction was asking them a second time to go away when I was hustled and my watch taken—I called to Joe the potman, "My watch is gone"—he said, "I shall recognise who is here"—the men went away—the value of the—watch was £5.
JOSEPH PARKES . I am the last witness's barman—on July 4th, eight or nine gentlemen called for two pots of ale; two Salvation Army men were selling "War Cries," and there was a bit of a commotion—the governor came round the bar to collect the glasses—he halloaed out, "My watch has been stolen, Joe, my watch is gone"—they all slided out one at a
time—I saw the prisoners among eight or nine men in the bar—they all hustled the governor—I saw Smith with others on July 8th.
NOT GUILTY .
MR. B. A. SMITH. Prosecuted.
JOSEPH McCLAIN . I live at 4, York House, London Lane, Hackney—I am verger at St. Michael's Chapel—on July 9th, about 6.15 p.m., I was walking along Lamb Lane—I met three men; Smith was one—they opened out—I felt an arm round my neck—I could not call out—only some children were about—when I came to myself I found my waistcoat" ripped up to the top button and everything I had taken—they had searched me round—I was literally choked—I feel the effect of it still—I gave information to the police—on July 11th at the police station I recognised Smith among eight or nine men and I charged him.
Cross-examined. I said, "You are the one"—I believe you are—I said the same at the station.
JOHN ROSENTRETER . (Policeman J.) I arrested the prisoner on July 11th at a lodging house in Wells Street, Hackney—he was taken to the police station, placed with others and picked out by Burgin without hesitation—in answer to the charge he said, "I was not there"—he said to the prosecutor, "You only believe?"—the prosecutor said, "I am positive this is the man, and I believe he is the one that put his arm round my neck."
Prisoner's defence. I know nothing about it.
GUILTY . He then
PLEADED GUILTY. to a conviction of felony at Guildhall, Westminster, on March 9th, 1901. Five years' penal servitude.
MR. B. A. SMITH. Prosecuted.
ELIZABETH GOODRIDGE . I am the wife of James Goodridge, of 1, Rose Bank, Grove Terrace Road, Walthamstow—on July 9th, about 3 p.m., I was walking along West Street, carrying a bag containing a purse and some memorandums—two young men came in front of me—one of them snatched my bag, tucked it under his arm, and ran across the road—I called "Stop thief" and ran a little way till exhausted—the purse fell, and I picked it up.
DAVID GEORGE JOHNSON . I am a postman, of 13, London Place, London Fields—on July 9th I was in West Street off duty—I saw two men snatch a hand bag and run away—I followed—the other man had the bag—someone came behind me and gave me a blow on the side of my ear, I became unconscious—when I came to myself the man was gone—on July' 11th I identified the prisoner at the police station from nine men—I am sure he is the man—I was laid up for a fortnight from the blow.
JOHN ROSENTRETER . (Police Sergeant J.) On, July 11th I arrested the prisoner at his address, 23, Dover Road, Haggerston—that is about ten minutes' walk from where the robbery took place—I took him to the police station—he was identified by Johnson as one of the men who ran away.
The prisoner's statement before the Magistrate. "I came out of my house about a quarter to two on July 9th, and went round the corner to the Oak public house. I was going to call for a glass of ale when I was offered to drink out of the pot, and I did so. I next went to the opposite side of the public house and sat down with some more men. I sat there till about three o'clock, and the sun being so hot I fell off to sleep. I woke up about 3.30, and to my surprise I "found when I woke up I was with myself. I got up and went across the road, spoke to Mr. Rixon, that was unloading a barrowload of iron, and he said to me, 'Ain't you going to see the funeral round the corner?' I said to him, 'I am too late now, I suppose.' I next went home and had some tea. After I had my tea I said to my wife, 'Wash Tommy's face, and I'll take him out for a walk.' I went out to the corner of the street, and went into the Dove beer house, and stopped in there till half-past nine. I was playing cards for pastime. I got four charges against me, and I am an innocent man. I work hard for my living, and always will while I have got health and strength. I work in the gas works in the winter, and in the summer I work along the canal unloading barges of timber. If I were guilty of these charges I should plead guilty like a man."
The prisoner called,
CHARLES HALL . I am a gilder, of 58, Whiston Street, Haggerston—on Thursday, July 9th, I left the prisoner just after 4 p.m.—I saw him drink out of a pot in the Royal Oak public house—I had my little girl and the prisoner his little boy playing with toys, and he sat down and went to sleep on a doorstep till past three—the child was between three and four years old—I kept him under observation—it was a very warm day—the prisoner slept from about 2.30 till 3.15—I was looking at him the whole time—several other people were standing outside the public house playing with children who had some toy scales Mr. Rixon had given them—Mr. Rixon was unloading a barrow of iron and brass, which he deals in—I stayed there till four o'clock, when the prisoner took his child and I took mine home to tea—the prisoner was sober.
Cross-examined. The prisoner is not a friend; he is a neighbour—I know the time, because Larkins, the drain man, had just finished his job, and the governor of the public house said, "Write me out a bill for the money"—I have lived twenty-five years in Whiston Street, and have only met the prisoner in the public house—I never heard of Mrs. Goodridge being relieved of her bag till the prisoner's missis wanted me to go to the Court, because she saw us talking and playing with the' children—I do not know West Street.
MR. RIXON. I am a tin toy manufacturer, of 1, Alfred Terrace, Whiston Street, Haggerston—I do not know West Street—on July 9th the prisoner was opposite the Royal Oak at 3 p.m., when I brought up my barrow with two or three others—he asked if I wanted help with my barrow—I said,
"No, not at present"—I know Hall, Thomas, and Eyres, who were there—the prisoner was talking to them—I left him outside my workshop in May Street at four o'clock when I went to tea.
Cross-examined. The prisoner is a neighbour—he lives about three minutes off—he stopped with me about five minutes—I have known him for years—I heard on the 11th that he was in trouble.
THOMAS EYRES . I live at 5, Govan Street, Euston Street, Haggerston—I am in the brush line—Thursday, July 9th, was a very hot day—I went to the Royal Oak about 2.20 to 2.30 p.m., soon after dinner—I saw Parsons with some children playing with a toy—I had some conversation with him, and left him outside the public house about four o'clock—I was about five minutes with him.
Cross-examined. He spoke to Hall and others—Larkins—was there doing a drain—Rixon had his barrow there.
Prisoner's defence. "I know nothing about the robbery, and am as innocent as a little baby."
GUILTY [See next trial.].†
MR. B. A. SMITH. Prosecuted.
HENRY MUMFORD . I am a plumber, of 112, Victoria Park Road—on July 9th, in Mare Street, Hackney, I heard the cry of "Stop thief"—I ran after the man, overtook him, and handed him over to two constables—I went with them to Mr. Hart's shop—I said, "It is all right, two constables have got him"—a crowd gathered—Mr. Hart told them to disperse—I crossed the road—I received a terrific blow in the face from the prisoner—I went after him—I was clutched round the neck by two or three men, and punched and kicked till I hardly knew where I was—I got away—I was punched by the prisoner—he got away—I picked him out from nine other men the following Saturday—I have no doubt about him.
Cross-examined by the prisoner. I did not nod my head towards you at the identification, nor tap you on the shoulder.
Prisoner's defence. "I know nothing about it"
GUILTY . He then
PLEADED GUILTY. to a conviction of felony at North London Police Court on May 9th, 1901. Five other convictions were proved against him. Five years' penal servitude for the assault and twelve months', hard labour for the robbery, to run concurrently.
THIRD COURT.—Thursday, September 10th, 1903.
Before Mr. Common Serjeant.
678. THOMAS JAMES KENNEDY (47) PLEADED GUILTY . to attempting to carnally know Gertrude Mary Ford, a girl under the age of thirteen; also to indecently assaulting her.' Twelve months' hard labour. —And
(679) EDGAR CHUCK (40) , to committing an act of gross indecency with another male person; also to indecently assaulting him. He was stated to be of weak mind. Discharged on recognisances. [Pleaded guilty: See original trial image.]
MR. MUIR. and MR. A. E. GILL. Prosecuted; MR. MATHEWS. Defended.
CHARLES HENRY FOSTER . I am paying cashier at the Standard Bank of South Africa, 10, Clement's Lane—this draft, drawn by the manager of the Standard Bank of South Africa at Beira on the head office in London for £34 12s. 8d., dated July 24th, and payable to the Order of Mrs. R. Robertson, was presented to me over the counter on September, 11th, 1003, and paid to the person presenting it—it is indorsed, "Pay T. Ray, Esq., Edith Robertson, widow of R. Robertson, 10th August, 1902," and then there is "T. Ray, Withington, Sussex"—that was paid in six £5 notes—one is indorsed, "Adeney and Sons," with the letter "S" underneath.—I also produce a letter purporting to be written by the prisoner, dated July 23rd, 1902, addressed to the Bank at Beira, the draft of which was found in his possession—it is addressed to the Manager of the Standard Bank of South Africa, and says, "Sir, as administrator of the estate of the late Robert Robertson, I shall be glad if you will be good enough to send me a bill for any moneys which may be lying in your bank belonging to such estate, the same to be made out in bill form on your London office in the name of the widow of Mr. Robert Robertson. Your obedient servant, Ralph Belcher, His Majesty's Consul."
WILLIAM HENRY ADENEY . I am a tailor of 16, Sackville Street, W., and have an account at the London, City and Midland Bank, Old Bond Street—on September 11th I paid into my account a bank note for £5, which I received from the prisoner.
FREDERICK JAMES ALDRIDGE . I am a cashier at the London, City and Midland Bank, Old Bond Street—this bank note, No. 6478, was paid into our bank on September 11th by the last witness—I wrote his name on the back at the time.
JESSIE MUNRO ROBERTSON . I am the widow of Robert Robertson, and live in Aberdeen—my late husband for some time before his death was employed at Beira by the Cold Storage Company there—I never got this bank draft, and the name on it "Edith Robertson," is not my name, and I do not know anyone of that name—I do not know anyone of the name of "T. Ray, Withington, Sussex"—I gave no authority for that endorsement to be put on the back of the draft—I heard of my husband's death at Beira—I had no intimation from the prisoner that money was coming to me from the estate, but a letter was received from Mr. Bowhill, who succeeded him as Consul; all I had from the prisoner was a certificate of death—I had no notice from the Standard Bank that there was this £34 coming—my husband died on April 28th, 1902, and I did not hear of the money being due until October.
Chinde, in Portuguese South Africa—I there received instructions to go to Beira to take over charge of the British Consulate there, and arrived there on August 4th—I proceeded to take a note of the contents of the Consulate for the purpose of taking charge of it, and looked in the safe, where I saw a draft similar to the one now handed to me, being for the same amount, the same payee, and the same bank—there was a slight difference between the prisoner and myself then, and I went away—the same afternoon the prisoner sent for me and I took over—the property, and noticed then that the draft was not there—I told the prisoner so, and he said that it was all right, that Mr. Giles, the Vice-Consul, could tell me all about it, and that he would arrange everything at home, with which I was satisfied—I was not responsible for that draft, as it was not handed over to me—it is part of the duties of a British Consul to take over the property of a British subject who dies within his district, and to account for it to the Foreign Office—a book is kept at the Consulate for that purpose—this is it (Produced); it contains among other accounts an account of the estate of Robert Robertson, deceased—the entry on the receipt side is "£30 6s. 8d.," coming from the Beira Cold Storage Company—on the other side there are items, including one in the prisoner's writing, "May 14th, Metropolitan Hotel, £6 10s."; the others are in the ViceConsul's writing, who would be under the prisoner's orders—£17 5s. 3d. is the total on the disbursement side, and £30 6s. 8d. on the other.
Cross-examined. I believe the prisoner was in the Consular Service for about twelve years—I believe his career was in every sense distinguished, having worked himself up from an acting Vice-Consul to a full Consulship—I believe the emoluments of the office at Beira were £700 a year salary, plus something over £300 for expenses—in 1900, in consequence of the War, the duties of Consul at Beira were particularly onerous.—Beira is the port of Rhodesia—amongst the duties which the Consul would have to perform would be to give passes to all persons going through Beira to Rhodesia or wanting to come out of Rhodesia to get to Natal—it is a fact that the prisoner's health gave way, and, in consequence, I went to take up his position at Beira—I found on my arrival that he was not in a condition to fulfil his duties—during the time I was at Beira I personally found it most expensive to live, and rather difficult to make the allowance do—I got smaller pay than the prisoner—he informed me that his salary was last paid on June 30th, 1902—I do not know what is owing to him.
By the COURT. I found the address of Mrs. Robertson amongst the deceased's papers at the Consulate.
GUILTY . Three months' imprisonment in the Second division.
MR. HUTTON. and MR. JENKINS. Prosecuted.
Lane, London—among the customers we have is a Mr. Symes, of Stratford—during the calls I made there, I came across the prisoner—in January, 190.3, he told mo he had a friend who was going to do some building, and said would we like to supply the timber—I arranged that he and Mr. Bridgwater, the friend, should come to our offices—the prisoner gave a verbal order at the end of January for £100 worth of goods—there were three orders verbally and two in writing—they amounted to £156 15s., and the goods were supplied—we applied for payment several times and could not get any sum—we afterwards took proceedings and obtained judgment—I then heard for the first time that he was an undischarged bankrupt—I had not the slightest idea of that when we gave him credit and he never alluded to it in any way.
Cross-examined by the prisoner. I went with you to the docks—you did not say to me that you had been in business and made a mess of it, nor did I say, "I suppose you will have to have another go"—you did not then say, "I shall do nothing of the sort, I have had enough of it"—the discussion we had when terms were arranged was that the goods were to be supplied to you and you were to make your own profit—we had known you for some years, and to help you we sold you these goods, so that you might make a profit for your own benefit—we made no inquiries.
Re-examined. If we had known he was a bankrupt, we should not have given him credit—he has never in any letter disputed that he was not the one responsible for payment, or said that Mr. Bridgwater was responsible in any way.
HENRY HOWARD BURTON . I am one of the firm of John Burton and Co., timber merchants, of Sherborne Lane—we supplied the prisoner with goods to the amount of £156 15s.—we never knew until we had obtained judgment against him that he was a bankrupt—the credit was given absolutely to him.
HERBERT PEDLEY . I live at 21, Park Street West, Luton, and am a clerk to the Registrar of the Luton County Court—I produce the file of the prisoner's bankruptcy—I find there that he was adjudicated a bankrupt on October 12, 1899—he is described as Geo. Edward Meredew, of North End House, Stevenage, Hertfordshire—he has not been discharged, nor has any application been made for his discharge.
The prisoner, in hit defence on oath, stated that he distinctly told Mr. Allbright that he had been in business for himself and had failed, and Old Mr. Allbright then said, "You are a young man, I suppose you will have another go," and that he then said, "I never shall, unless I have a lot of capital behind me"; that the timber was supplied to him for Mr. Bridgwater, he to make a profit out of it, and that he had never received payment for it from Mr. Bridgwater, although, he had received certain sums of money from him.
GUILTY . Three months' hard labour.
MR. JENKINS. Prosecuted.
JAMES DEANE . I live at 3, Emmett Street, Harford Street, Mile End Road—I have known the prisoner several years, and he used to be a friend of mine—on August 2nd, at midnight, I was in Harford Street, and saw the prisoner, and said, "Are you going to shoot Charlie Lloyd?"—he replied, "Not unless he touches me, and then I will, him and you and all" I said, "You need not to do that, Tim, there is enough of you; pay me and settle the case; you needn't shoot the lad, there is enough of you, pay me"—by "pay" me I meant give me a hiding—the prisoner was with seven or eight other chaps—we all walked away, and half way down the street the prisoner jumped into the middle of the road and said, "Well, come on then," and pulled out a revolver from his pocket and fired three times—he did not hit me—he fired low as if aiming at my leg—I afterwards heard that Henry Molineaux had been hurt.
Cross-examined by the prisoner. You did say you would shoot me if Lloyd touched you.
HENRY MOLINEAUX . I live at 115, Ernest Street, Stepney—on August 2nd, about midnight, I was in Harford Street—I saw the prisoner there with a revolver, and heard one shot go off, and then a second, which must have hit me in the leg.
CHARLES GREENHAM . (Police Inspector H.) I arrested the prisoner on August 3rd, 1903, about 6.20 p.m.,. and found a six-chambered revolver in his trouser's pocket, two loaded cartridges, and four empty cartridge cases—in his waistcoat pocket there were three loaded cartridges.
Prisoner's defence. I had been in danger of my life, and carried the revolver; I did not fire with intent to injure.
GUILTY . Received a good character. Four months' hard labour.
FOURTH COURT.—Thursday, September 10th, 1903
Before Lumley Smith, Esq., K.C.
(684) GEORGE THOMPSON (38) , to breaking and entering the warehouse of Walter Bond and stealing therein 3d. and three postage stamps, his property; also to being found by night without lawful excuse in the possession of housebreaking implements, having been convicted of felony at Clerkenwell on March 18th, 1902, in the name of Harry Thompson. Seven other convictions were proved against him. Five years' penal servitude. [Pleaded guilty: See original trial image.]
MR. KERSHAW. Prosecuted.
Place, Uxbridge—on August 8th I was travelling with my nephew on the Great Eastern Railway by the 6.45 train from the Customs House to Fenchurch Street, in a third class compartment—at Bow Road the prisoner and another man got in—the prisoner sat next to me and the other man sat next him—he opened a newspaper just after the train started—I felt a slight touch at my pocket and moved away from him a little—he came close to me again—"there was no need for him to sit so close as there were only five people in the compartment—I then felt another touch at my pocket, but the prisoner was sitting so close to me that I could not get at it—the train stopped at Burdett Road, and just as it started again I felt a snatch at my pocket—I jumped up and said "My purse is gone"—the other man then opened the carriage door and jumped out—as he did so he said to the prisoner, "Come on"—the prisoner replied, "It is too late"—at Fenchurch Street the prisoner was given into custody—I had my purse just before I got to Bow Road Station—it contained 3s. 6d.
Cross-examined by the prisoner. I am sure you two got in together at Bow Road—at Burdett Road you got up as if to get out after the other man, but a gentleman in the compartment shut the door.
HERBERT WALTER DODD . I live at 70, Inderwick Road, Stroud Green—I was travelling in the same carriage as Mrs. Alderman on August 8th—the prisoner and another man got in at Bow Road immediately after one another—the prisoner sat next Mrs. Alderman, and the other man next the prisoner—as the train was starting from Burdett Road Mrs. Alderman got up quickly and said, "My purse is gone"—the other man then got up and jumped out, saying to the prisoner, "Come along"—the prisoner rose as if to get out, but I shut the door—at Fenchurch Street he was given into custody.
Cross-examined. I did not see you speaking to the other man.
FREDERICK JUSTICE. (721 City.) The prisoner was given into my custody at Fenchurch Street Station on August 8th, about 7 o'clock by Mrs. Alderman, for stealing her purse—he was taken to the station and charged—he made no reply—I searched him and found 15s. 2d. on him.
The prisoner, in his defence on oath, said that he was travelling by himself; that he did not know who the other man was; and that he had nothing to do with taking the purse.
GUILTY . He then
PLEADED GUILTY. to a conviction of felony at Clerkenwell on August 21st, 1901, in the name of Frederick Shepherd, and two other convictions were proved against him. Eighteen months hard labour.
AUSTIN PLEADED GUILTY .
ERNEST THOMPSON . (City Policeman.) On July "30th, about 11.30 p.m., I was in Great Tower Street—I saw the two prisoners at the corner of Mark Lane looking about in a suspicious manner—I kept them under observation—they went eastwards, and stopped outside 65. Great Tower Street—Austin then put his left arm between the bars of the gate in front
of the door, and I heard a breaking of glass, and then saw both of them tustleing with something, trying to get something through, the bars of the gate—they saw me and ran away—I gave chase and caught them—they were taken to the Minories and charged—I searched them and found two glass bottles in Austin's pocket, and a stopper of one of the bottles in Mahoney's overcoat pocket—this cruet stand (Produced) I found wedged between the woodwork of the window frame, and the bars of the gate of 65, Great Tower Street—the glass bottles belong to the cruet stand.
Cross-examined by Mahoney. You were at the station half an hour before being searched—I went with the Inspector to examine the premises after taking you to the station.
Mahoney, in his defence on oath, said that he was walking along the street when he was arrested; that he had never seen Austin before, and had never been near Mr. Innes's shop.
MAHONEY, GUILTY .
A previous conviction was proved against him. Six months' hard labour. AUSTIN— Six months' hard labour.
MR. HARVEY. Prosecuted.
ARTHUR KELLYTHORN . I am a carman in the employ of Mr. Dutfield, of 28, Upper Smith Street—on July 30th, about mid-day, I was in Tower Street—I saw the prisoner hanging about the yard, and he asked me if I had a tarpaulin—I did not speak to him, but went to collect a parcel in Botolph Lane; he followed me—I left the cart for three or four minutes, and when I came back it was gone—it contained several cases of tea—I gave information to the police.
Cross-examined by the prisoner. I know you by your hanging about the yard—I did not speak to you.
ADA SMITH . I am the wife of Charles Smith, and live with him at Emmett Street, Mile End—on July 30th I saw the prisoner with a pony and cart outside my house—he stayed a few minutes and then walked towards Mile End—the pony and cart stayed outside my house from 1.30 till 3 o'clock.
Cross-examined. I have never seen you before.
WALTER PERRY . I am foreman to Mr. Dutfield—there were fifteen cases in the cart when it was stolen, containing tea and other' things value nearly £100—six cases were recovered intact—I have known the prisoner about eight years—he was in our employ about three years ago—he has been hanging about the yard lately, and I have had to get the' police and order him away.
Cross-examined. You may have done a day or two's work for us during the last three years, but you were not regularly employed.
ERNEST THOMPSON . (Detective City.) On August 1st, on instructions, I went to the Reindeer public-house, where I saw the prisoner—I said to him, "lama police officer"—he said, "Well, what of it? you have made a mistake; it is a case of compensation"—I said, "That is your business, now I will tell you mine; I am going to arrest you for stealing
one of Dutfield's ponies and a cart, on Thursday last, containing a quantity of tea"—I took him to the Minories police station, where he was detained.
Cross-examined. You mentioned compensation before I told you you would be charged.
WILLIAM MILLER . (City Detective Sergeant.) On August 1st I saw the prisoner detained at the Minories police station—I told him he would be charged with stealing on July 30th a pony and a cart containing a, number of cases, the property of Mr. Dutfield—he said, "I was not there between half past twelve and one"—I said, "I have not told you where it was stolen from, or what time"—he was then placed among nine other persons and identified by Mrs. Smith—when charged he made no reply—later on he told me that he spent the afternoon with a Mr. Bermann, of No. 10, Beaumont Street, Mile End, but I have made inquiries there, and he is not known.
The Prisoner's statement before the Magistrate. "On this day I was going along Tower Street, and I met the carman; he had a big case on the ground, and was waiting for some one to help him "up. I was just going to help him, but another man did. The carman said, 'Can you tell me where this place is?' I looked at the note and said, 'Yes, I can show you.' He pulled his cart up to the top of Boltolph Lane, and I showed him where it was. I walked into Pudding Lane to try and see a Mr. Bermann. I did not see him, and walked back again and asked the boy if he had got his case. I again went into Pudding Lane, and met the man Bermann. I had asked him for a job a month ago. I was with him the rest of the afternoon. I think we left Eastcheap about four o'clock, and from there went to Spitalfields Market, then to Stapleton's Depository, and then home to his place, 10, Beaumont Street."
The prisoner, in his defence on oath, repeated the above statement.
GUILTY . Six calendar months' hard labour.
MR. BOHN. Prosecuted.
GEORGE PAYNE . I am a carman—on May 4th I left a horse and cart outside the Mitre public house, Fish Street Hill, while I delivered some groceries—when I came out it was gone—there were two baskets in the cart and my overcoat—one of the baskets contained groceries.
THOMAS MARLER . I am a beer retailer of 20, Fish Street Hill—the Mitre public house is opposite my house—on May 4th, about eight o'clock, I was standing at my street door, and saw the witness Payne pull up outside the Mitre and deliver some groceries there—while he was inside—I saw the prisoner jump into the cart and drive away in the direction of London Bridge—when Payne came out I told him what had happened.
Cross-examined by the prisoner. I know you well as a fish porter—you had not been drinking in my house that day.
a quantity of provisions and an overcoat, and he said,"Yes. it is quite right; I was drunk at the time; in fact, I had been on the drink for about ten days then; I know nothing about provisions; it might have been a brick cart as far as I know"—he was then charged, and made no further reply—the horse and cart were found unattended in the Black-friars Road—the provisions were gone also the overcoat.
The 'prisoner's statement before the Magistrate. "I plead guilty to taking it, but with no intent to steal it."
The prisoner, in his defence on oath, said that he was drunk at the time, and took it for a lark.
GUILTY . Three weeks' hard labour.
MR. BOHN. Prosecuted.
HENRY RICHARD HELLINGS . I am a wheelwright, of 75, Green Bank, Wapping—about 10.30 p.m., on August 29th, I was in my house and heard cries of "Murder"—I came outside and saw Freed man holding the prosecutor by the throat with his left hand—there were three other men round him—I ran up and they all ran away—I followed Freedman, and after a long chase he was stopped by a constable—I never lost sight of him—I afterwards identified Williams from six other men.
Cross-examined by Freedman. I saw your face while you were holding the prosecutor—you wore a cap—I did not notice anyone wearing a hard felt hat.
SAMUEL BROWNFIELD . I live at 136, Red Lion Street, Wapping—at 10.30 p.m. on August 29th, I was about 20 yards from my house when Freedman dealt me a blow on the face and seized me by my throat—I was knocked down and kicked three times in my ribs—my watch and chain were taken, also 15s. in money—I recognise Freedman—I did not see Williams—this (Produced) is my watch.
Cross-examined by Freedman. I did not say at the police court that I was uncertain whether you were the right man.
MATTHEW WALLACE . (71 H.) At 10.45 p.m., on August 29th, I was on duty at New Gravel Lane Bridge—I saw the two prisoners running with another man not in custody—I seized Freedman—he said, "It was not me, I ran because the others ran"—I arrested Williams last Friday—I am sure he was one of the men that ran past me.
Freedman, in his defence on oath, said that he admitted having a hand in stealing the watch and chain, but denied assaulting the prosecutor.
Williams, in his defence on oath, said that he was walking along the street and saw the prosecutor assaulted, but took no part in it.
GUILTY . FREEDMAN— Twelve months' hard labour. WILLIAMS— Six months' hard labour.
OLD COURT—Friday, September 11th, 1903.
Before Mr. Justice Ridley.
MR. C. W. MATHEWS. and MR. BODKIN. Prosecuted; MR. MURPHY. Defended.
JAMES HENRY TURTLE ., M.D. I am divisional surgeon practising at 11, Gascoyne Road, Hackney common—on Wednesday, July 22nd, I went to Victoria Park Police station, where I was shown the head and trunk of an infant without the legs or external genitals, which had been cut away" with a knife or some sharp instrument—it appeared to be a fully timed child recently born—the umbilical cord was untied and had the appearance of having been broken—at the end, where it had been broken, was a clot of black blood—it was moist—the nails were discoloured, dark—in my opinion it had been dead about twelve hours—it was naked, and lying upon a piece of white muslin: outside that was a piece of green material, and outside that a portion of Lloyd's newspaper—a placenta membrane covered a portion of the face from the forehead to just below the mouth and half of either cheek, covering nose and mouth—the edges were curled and dry, the central portion appeared fresh and glistening—it was moist, not dry—the next day when I made the post-mortem examination it was perfectly dry and tore easily—just the dry edge of the membrane appeared to be adherent to the face—the next day, Thursday, I made a post-mortem examination of the body—it was of normal weight—it weighed 6 lb. without the legs—it was a female—I found no marks of violence on the body—the brain was semi-fluid, and there was a marked absence of blood in the sinuses, denoting more or less decomposition—that was due to hæmorrhage possibly during life—it may have bled from the untied cord—I found upon the material upon which the child lay, blood from the severed parts of the limbs or trunk—the severance of those limbs would not account for the absence of blood in the sinuses, I should be more inclined to attribute it to hæemorrhage from the cord—I should think there had been more bleeding from the cord than the clot of blood that had formed—I found the epiglottis curved inwards, the mucous membrane of the trachea and the bronchi showed ecchymosed patches, due to ruptures in the mucous membrane—the lungs were filled in the pleura! cavity of the chest; they were pink and mottled, and sufficiently buoyant to support the tongue, the trachea, and the sinuse gland in water, and portions were cut off and squeezed until they floated—from the appearance of the lungs, and their condition under various tests, in my opinion the child had undoubtedly breathed—the lungs had been fully inflated—there must undoubtedly have been several breaths to have accounted for the appearances I found—the stomach had a little brown mucus in it, and the mucous membrane showed patches of ecchymosis at the intestinal end—the other appearances of the body were normal—the main evidence as to how long the child had lived I should look for in the umbilical cord—within thirty hours a change takes place, when it becomes dried and shrivelled—there was no evidence of that here—
the child might have lived for an hour or so, or it might only have lived a few minutes—if the cord had broken in a stillborn child it might bleed and no clot be found—that leads me to suppose that the clot was formed during breath circulation, owing to the foetal heart working—I think the child had a separate arterial existence—the arterial system of the body was working independently—in the development of a child in the womb of its mother it would be enclosed within the membrane, which expands as the child develops according to its time of development—shortly before the birth takes place in normal cases there is a rupture of this membrane—that is usually followed by a flow of water, which varies, but sometimes will continue more or less at variable times until the birth is accomplished—afterwards the child is expelled, in a normal case by itself—usually the membranes when they rupture, retract—they go back away from the part of the child which is presenting—they are retained, and the child is expelled with the membrane in the normal case—the next thing is that the placenta and membranes come away, in a normal case together—in popular language it is called the after-birth—it is not usual to have portions of the placenta membranes off and expelled afterwards, as large as the portion I found over the child's face—the membranes when expelled are very moist and slippery as a rule—in my opinion the cause of death in this case was asphixia or suffocation—I cannot tell in what way it was caused from the conditions I saw—it might have been caused if the child had respired fully by being suffocated in the mother's clothing—I think it is possible that after the afterbirth and membranes were expelled the child might have got its face in the membranes and so have been suffocated, or that when the child and the membranes were both born, they may have taken up together a place some where, and the child remaining in the membrane have been suffocated, but those are only suppositions—then it must have been lying on its face—I was speaking of the membranes as a rule, but as to the large portion found on the face of the child, the only thing I can suggest, though I think it is very improbable, is that that portion of the membrane being there, if the child's face were lying in the membrane, and allowed to stay a length of time, would be torn; then the membrane might be broken off and so become attached to the face—the condition of the membrane is normally moist, and rather slippery—if the membrane was on the face of a full-time child, and it made an effort to breathe, that would detach it, unless it were held there 'mechanically; if the child were dead it would remain—I was shown a left leg of a child on August 2nd, and a right leg on August 8th—from their appearance I have no doubt-" they were the legs of this child—in my opinion the dismemberment had taken place after death—I found no marks on the face of the child—I should have expected to find marks if pressure had been used, if it had been held there.
MR. JUSTICE RIDLEY. considered that there was no evidence of murder; and that the cross-examination should be directed to manslaughter and concealment of birth.
Cross-examined. The incidents of parturition vary, but in normal
cases the woman is in considerable agony—fainting or swooning may occur—I can conceive the case of a woman being unable to call for assistance [See Reg v. Knight, Foster and Finlayson, Vol. II., page 46; and Reg. v. Clark, 15 Cox, page 172.]
HERBERT SMALL . (595 J.) On July 22nd, about 11 a.m., I was passing along Cadogan Terrace, Bow, about half-mile from Old Windsor Row—Victoria Park railings are on one side and private houses on the other—I noticed a newspaper parcel lying in the road close to the kerb, tied with tape—coming closer I saw the hands and head of a child—I took it to Victoria Park Police station, where it was found to contain the dead body of a child without legs—inside the newspaper wrapping was a green lining, and next the body a piece of curtain—the inner wrapping was not tied—it was handed to Dr. Turtle.
Cross-examined. Respectable people occupy the houses—they are engaged during the day—a good deal of traffic is going on about 10.30 to 11 a.m.—the parcel was very small; it was fifteen to eighteen inches in size.
MARY ANN BOSWELL . I am the wife of William Boswell, of 12, Old Windsor Road, Hackney Wick—the prisoner has lodged with us four or five months—I knew she was married—she worked in a laundry—in June and July I noticed that she was in the family way—on July 20th she went out with her little boy about 2 o'clock—she came back about 3.30—she called from her bedroom—I went up and found her lying on the bed in her clothes—she said she felt bad with a pain in her back—I went up again about 5 p.m.—she was still lying there—she said she could not get up, and asked me to look at the chamber—she said, "I, think I have had a slight 'miss'"—there was very little blood in the chamber—I said, "That is not a miscarriage"—I saw her again at 7.30 and about 9—I gave her gruel—she was sitting up—she said she felt better then—I last saw her at 10 p.m., when I went up to bed—I told her to call me if she felt any worse—during the night I heard her fidgeting about the room between 1.30 and two o'clock—her child slept with her in the same bed—she was putting him to bed in the same bed when I went up at ten—that was the only bed in the room—at 8 a.m. on the 21st I found her sitting up in bed—she asked me to take away what was in the chamber—looking into it I saw the afterbirth of a child—I said I would have nothing to do with it—in the afternoon Mrs. Stephens, the sister, came—I asked the prisoner where the child was—she said two or three times she had not one—I recognised at the police station a piece of window curtain and a piece of green cloth as her property—I saw no preparation for a birth—I did her washing.
Cross-examined. She was a hard working, industrious and sober woman, and affectionate to her child—her husband used to call very seldom—she was in arrears with her rent and very much worried—she earned 10s. a week at laundry work.
baby?"—she said, "There is no baby"—she asked me to look in the chamber and to empty the contents—I saw an afterbirth and refused to do it—I advised her to have a doctor—I was there when Dr. Stannard called and was shown the afterbirth—he said, "Mrs. Osborne, where is the baby?" as I was coming out of the room, I did not notice her reply.
Cross-examined. I worked with her at a laundry—she had other children—she treated them properly—she was a kind mother to her child and a hard working, sober woman.
JOHN KNIGHT . I live at 10, Lennox Buildings, Old Ford—on Saturday, August 1st, I was playing on the tow path of the River Lee, near Bow Bridge—I saw a baby's leg floating in the water—I took it out and to the police station—it was in paper and a string tied round.
HENRY ARNUM . (Detective Officer.) On July 23rd about 11.301 saw the prisoner—I told her I was making inquiries about a dead child and cautioned her—she said she would write what she had to say—she wrote these two notes, "To Mr. W. G. Osborne, 192, Kensal Road, Kensal New Town, North Kenning Town—Dear Will, come at once and fetch the children. When you accused me of being in the F. way I denied it, but I did it because I was afraid of losing the children, but of course I have lost all now. I have been confined, and I was so frightened that I done away with the child. I am going away to-day, of course. You said you would not live with me again, so I misbehaved myself, but I hope you will forgive me for such a thing. I cannot say no more, but I close, I remain your wife Eliza," and "I was confined on Monday, but being away from my husband and him not knowing I was in trouble I was afraid of losing my children, and I have done away with the child,. I sent my little boy with it to throw away as I was so frightened. Please don't blame my husband for anything as he did not know anything about it, but he said he would not live with me again, and he asked me if I was in trouble and I said no, but it was done because I was afraid of my children being taken away from me. I had begged of him before I misbehaved myself to come back and live with me, but he would not hear of it, so I misbehaved myself, but it was only once. He said he threw it away in the road and by the bridge and then I gave him the other parts in, two parcels and he threw them in the water over the marsh. Eliza Osborne—witness William Smith."—I have seen her writing.
Cross-examined. She was agitated and very ill, and I ordered another' detective to fetch her eggs and milk—I did not see her write the second letter—after this I sent to the workhouse authorities and Dr. Dudgeon came and saw her.
Cross-Examined She wrote the letter to her husband in my presence about 11.30, and in my presence and that of Sergeant Thomas she wrote
the statement; about 12 o'clock—she seemed ill and agitated—we sent out for milk and eggs—she had been told we were police officers.
ROBERT DUDGEON , M.D. I practise at 1, Cadogan Terrace—I received notice from the relieving officer to go and see the prisoner on July 23rd—I saw her a little after 12.30—she was in a low, depressed state—her temperature was 103 and she was suffering from blood poisoning—there was an offensive discharge from the vagina, a usual condition following neglect after confinement—I put questions to her and she made a statement.
Cross-examined. Her temperature being 103 I cannot be certain that she was accountable for what she said—she had been suffering about three days.
The prisoner received a good character.
GUILTY. of concealment of the birth . Twelve months' hard labour.
MR. C. W. MATHEWS. and MR. ARTHUR GILL. prosecuted and MR. GUY.
MARY ANN AGLINGTON . I am the wife of George Aglington, of I, Hawley Crescent, Camden Town—the prisoner is my son—he came home in the Friday night before Monday the August Bank Holiday from his regiment, the Middlesex Regiment—he is a private—he has just turned twenty-five—Alice Mutten lived with me since my boy joined the Army, for about six weeks—she was nineteen years of age—they kept company together—On Saturday, August 1st, I saw them together about 6.30 p.m.—they came indoors and had their tea—we have the front and back rooms on the first floor—my son slept with his little brother, and Alice slept with me on the sofa—on the Saturday about 6 p.m. my son, the girl Alice, my husband, and the two children Edith and Samuel were in the back room—the prisoner came in very drunk, and Alice Mutten had had a drop—my son sat in a chair and went off to sleep—I went out with Alice and treated her to a glass of ale in the Buck's Head—when we came back to Hawley Crescent in about an hour the prisoner was still asleep—Alice and I went out shopping together and went into the Buck's Head again—the prisoner joined us there about 8 or 9 p.m.—about 11.30 p.m. we all went home together—my son stayed with us—he drank ale—we could see he had only just woke up out of his drunken sleep and he came again and had more given to him—on the way home we got some peas pudding—Alice walked with me and old dad and his lad in front—I saw my sister Mrs. Bailey come in the Buck's Head—I saw nothing of the Baileys when walking home—we went up to the first floor—I heard three knocks and went to the front door, where I saw my two sisters, Mrs. Bailey and Mrs. Oxenham—I talked with them outside the door for about ten minutes—I did not see Alice till she ran out with a wound in
her throat—I did not see my son after I left them upstairs—Alice ran against me in the garden forecourt and fell on her face—blood came on me from her throat—she screamed—I ran upstairs to look under the bed—I could not find my son—I noticed blood in the passage and on the kitchen steps from the direction of the back yard, into which three steps lead.
Cross-examined. My son is not younger than twenty-six—he has been pretty fair to me—he joined the 6th Battalion Middlesex Militia Regiment about 1898, but I am no scholar—in April 1900 he went to South Africa—he returned about Easter, 1902—in June this year he joined the line regiment—he had been keeping company with Alice seven years—they were very fond of one another—on his return from South Africa at Easter, 1902, the banns were put up in the parish church—then the prisoner was ill with fever and went to the hospital—he afterwards had an operation for varicose veins—he corresponded with Alice but she never used to let me see his letters—I cannot write—on Friday 31st she had a drop of drink—they came home about 10 p.m.—she went to her work next day and he went with her and he met her—when we were in the public house my girl Edie went on errands and got the fish.
BESSIE BAILEY . I am the wife of William Bailey, a carman, of 13, Harton Road, Kentish Town—my sister Alice Mutten and the prisoner have known each other seven years—I remember the* prisoner going to South Africa and his return—Alice came to live at 1, Hawley Crescent, with the Aglingtons for six weeks prior to August 1st—on that night I was at the Buck's Head public house about 11.30—my husband called me out of a shop; I saw my sister and the prisoner close to the Buck's Head—my husband spoke to me and I went to my sister and the prisoner.—I saw her mouth was bleeding—she said, "Look what he has done"—I asked the prisoner what he wanted to hit her for—he said, "What did she want to ask for it for?"-my sister asked me to take her away—while I was talking my husband struck the prisoner with his fist in the face and knocked his hat off—I took hold of my husband and got him away—my sister and the prisoner walked arm in arm—I ran after them and came up with them—I said to the prisoner, "Oh, George, do not hit Alice any more"—he said, "All right, Bess, I won't, I'll take her home," they went home together—I left them at the corner of Hawley Crescent about 11.45 p.m.—I went home with my husband—I left him at home and went to see another sister, Mrs. Oxenham—in consequence of what I said to her both of us went to 1. Hawley Crescent—a lady was standing at the door with a boy—after I had spoken to the lady the prisoner's mother came down to the door and we had a conversation, the mother leaning over the railings while we stood upon the pavement—my sister came crying and showed me her mouth again—it was swollen and bleeding—the prisoner came and asked what was the matter—I said that we wanted Alice, she was to come home, she was not to stop there to be knocked about by him—he said to Alice, "Well, go on then," pushed her into the passage and followed her—the front door was wide open—it remained open—I saw no more of her—old Mr. Aglington was standing;
at the gate—after we had continued talking a few minutes my sister came running out at the front door with her throat cut—she touched mother and then fell on the ground—I ran home to fetch my husband but he would not let me out any more—I saw my sister's throat bleeding and the pipes hanging out of her throat.
Cross-examined. My sister and the prisoner were very fond of each other—they were going to be married—the banns were put up in 1902, but the prisoner had spent the money and had not the money to be married with—they all had too much to drink—I have seen some of the prisoner's letters to my sister—they are in affectionate terms.
WILLIAM BAILEY . I am a carman, of 35, Harton Road, and the last witness' husband—on August 1st I saw the prisoner strike Alice Mutten on her mouth with his fist close to the door of the Buck's Head public house—I called my wife out of a shop and asked the prisoner what he wanted to hit Alice for—he said, "I have not hit her"—I struck him as he was in the act of striking her again, and knocked his hat off—he picked his hat up and walked away—he said, "I won't hit her no more, Bill"—my wife took me away.
Cross-examined. I was on the opposite kerb and could not hear what was said when the prisoner struck Alice—both of them had been drinking.
AMELIA OXENHAM . I live at 7, Leybourne Road—I am the sister of Mrs. Bailey and Alice Mutten, and the wife of Joseph Oxenham, of Sabine Road, Chalk Farm—on August 1st I saw Alice and the prisoner in the Buck's Head just before 9 p.m.—they seemed on the best of terms and in good spirits—she was larking about—she took the baby out of my arms and bought it some cuffs—an organ was playing and she danced outside the Buck's Head—later in the evening my sister came and knocked at the door, and we went to 1, Hawley Crescent—we conversed with Mrs. Aglington outside—Alice and her father and mother came down—Alice was by my side—the prisoner came for her—he said, "Let her alone, she wants to stop, I won't hit her any more"—mother said she was to go home, and we wanted her to go—I said, "Let her come home, mother wants to have her at home"—Mr. Aglington said, "What do you want her for? you can have Alice if you want her, 4s. a week won't keep her"—the prisoner took her in—my sister went first and he followed her—in about three minutes, while we were talking to the mother at the door, she walked out, her throat was cut, and she fell in the pathway.
Cross-examined. When the prisoner came to the door he had on his shirt and trousers, but no coat.
EDITH AGLINGTON . I am the prisoner's sister, and twelve years old—I live at 1, Hawley Crescent, with my father and mother, and my little brother Samuel—we have two rooms on the first floor—Alice Mutten lived there five or six weeks—on the Saturday before Bank holiday I was in the back room, when Alice and George came in about 11.30 p.m. together—I saw that her mouth was swollen—after staying some time Alice's sisters came to the door—mother and father went down, leaving in the room Alice George Samuel and a little sister—Alice left the room—she called
to George to come down—he went into the front room—the front room was the bedroom, the back room the sitting-room—I saw him with his razor as he went down stairs—I knew the razor because I had it once before—it had the No. 8951 on it—this is the razor—it was kept on the box behind the door—the box had a lid, but was not locked—he went towards the front door—he said to Alice, "Come down stairs in the yard, because I want to speak to you—I heard them go down stairs to the back yard—there are three steps down into the yard—there is a little wash-house outside—I heard them talking, but not what they were saying—I next heard a scream—Alice came up stairs and along the passage to the front door and fell in the gateway.
Cross-examined. I slept in the back room with Alice—there is one bed—in the other room there is a bed and a sofa—the two brothers slept together in the back room—the prisoner's coat was off when he went down stairs—he was drunk—I had seen him sitting on the chair, asleep.
WILLIAM LEONARD . (479 Y.) About 12.10 a.m, on August 2nd I was in High Street, Camden Town—I was attracted by a cry from 1, Hawley Crescent—going there I found a woman lying face downward in a pool of blood inside the railings, her throat cut—I believe she was dead—Mr. and Mrs. Aglington and Mrs. Oxenham were there—Dr. Smith came and examined the body—it was removed to St. Pancras Mortuary—I searched Hawley Crescent about six that morning—in the yard of No. 2 I found this razor about a foot from the party wall—it is marked M4 8951—it had blood stains on it.
ALFRED ANDREWS . (696 Y.) I was with Leonard—on hearing a shout I went to 1, Hawley Crescent—I saw the woman lying in a pool of blood—I went in and searched the house—on the bed, in the room where Edith and Samuel Aglington were, I found a soldier's tunic and cane—opposite the wash-house in the back yard I found a pool of blood, about eight feet from the steps leading down into the yard—there were traces of blood from there to the front door.
GEORGE LANE . (120 Y.) On August 2nd I was keeping observation in the neighbourhood of Hawley Crescent—about 5.45 a.m. the prisoner came out at a little door in some big doors belonging to a disused pianoforte works at 5 and 7, Buck Street, and at the back of 2, Hawley Crescent—he had only his trousers, shirt, and boots on—I ran up to him and Said, "You are the man I want"—he said, "Yes"—I took him to Kentish Town police station—he seemed to have been asleep and to be recovering from the effects of drink.
JAMES MORLEY . (Police Inspector Y.) At 10 a.m. on August 2nd I saw the prisoner at Kentish Town police station—in answer to the officer he said his name was George Aglington—I said, "You will be charged with the wilful murder of Alice Mutten by cutting her throat with a razor at 1, Hawley Crescent, shortly after twelve o'clock this morning"—he made no reply—before the Magistrate he said that he had been drinking.
Hawley Crescent—I found the deceased lying inside the railings and outside No. 1—I examined her and found she was dead—she had an incised wound in her neck—on my advice she was taken to the mortuary where I found a wound in the throat extending from the left of the windpipe to the right side, deepening till it reached 4 1/2 inches in length—Dr. Marshall was present when I made the post mortem examination—the cause of death was syncope, from loss of blood arising from a wound in the neck, even dividing the large vessels on the right side of the neck—the right carotid artery was severed—the wound could have been inflicted by this razor or any sharp instrument—the under side of the upper lip was cut, one of the central incisor teeth loosened, and one tooth on each side of that, slightly loosened.
Cross-examined. The wound was superficial at first, only dividing the skin and becoming deep at the end on the left of the larynx—a drunken man would be less able to control himself—assuming that the wound was done by another person, it was done on the right hand side of the victim, that is to say the cut was from the left side of the deceased's throat to the right—it would be very awkward to do it facing her—the person would be standing on her right, or behind her.
The prisoner, in his defence on oath, said that he remembered nothing till the policeman spoke to him; that he had fever in South Africa, and suffered from his head since, having been in the hospital; and that he had been worried and taken to drink.
GUILTY. of manslaughter . Fifteen years' penal servitude.
THIRD COURT.—Friday, September 11th, 1903.
Before Mr. Common Serjeant.
MR. BURNIE. Prosecuted; and MR. PURCELL. Defended.
THOMAS BOWYER . I am a farmer of Cannons Park Farm, Little Stanmore, and on August 8th I had a black gelding, about 16 hands high, which I sold to a Mr. Holmes, of King's Cross, for £30—I entrusted it to a man named Ted Chilton to take to Holmes, at 6.30 a.m. on August 8th—I never saw Chilton again, and ascertained on the 10th that Mr. Holmes had not received the gelding—I gave information to the police—on August 19th I went about 10 p.m. with the police to Elnathan Mews, Paddington—I there saw my horse in the prisoner's stable—it had been changed in appearance, its tail and mane pulled, its ears clipped, and some of its hair pulled out of its legs—the prisoner came up, and Ayres,
police officer, said he should take him into custody for having a stolen horse there—I do not remember his reply—he was taken to the police station, and I took the horse away.
Cross-examined. I had known Ted Chilton for about a year—I knew that he had an uncle a horse dealer named Smith, well-known at Bristol—the horse was black, not a dark brown—on Monday, the 10th, when I heard from Holmes, I went to Edgware Road and made inquiries, and there met a man named Grindle, a horse dealer, who told me that Ted Chilton had sold my horse to the prisoner—I have known the prisoner for years—I had heard from a cab washer that the prisoner had been seen driving my horse about—the prisoner, when he was asked where he got it from, said he" bought it off Ted for £15," meaning Ted Chilton.
ALBERT CLAYDON . I am a cab proprietor at Elnathan Mews—I have the next stables to the prisoner there—on August 10th I bought a Mack gelding from the prisoner about 11 a.m.—I gave £23 for it—I paid for it on the following Saturday, the 15th—after the Monday I had it in my stable—I put it to work the same day, but finding it too big for the cab, I asked the prisoner to sell it for me again—that is how it got into his stable again—the first time I heard of anything being wrong was the 19th, when the officers came and wanted to buy a black gelding, and the prisoner was brought in and made a statement and was taken to the station.
Cross-examined. I have known the prisoner for twelve years—when I bought the horse I did not get a receipt for the money; it is not usual—if you know the seller, you do not trouble—the horse is the receipt—the horse is as much a brown as a black one.
ALBERT AYRES . (Detective X.) On August 10th I received information from the prosecutor about the stolen gelding, and went on that day to Elnathan Mews with another officer and saw the prisoner—I told him we were police officers and had come to make an inquiry respecting a black horse that had been stolen—he said, "I have a horse in the stable which you can look at"—we went into the stable, and the prisoner showed us a brown horse—I told him it was not the one I wanted, I wanted a black one—I then left the stable—on the 19th, in consequence of further information, I went with the prosecutor and Detective Morgan and another man again to Elnatnan Mews—I there saw Mr. Clayton—I represented that I wanted to buy a black gelding which I had seen at the prisoner's stable—the prisoner was sent for—when he came, knowing who I was, I asked him if he had sold this horse to Clayton—he replied, "Yes, last Saturday week for £23"—I asked him how he got it; he replied, "I bought the horse at Ives', Canterbury Terrace, off a man for £15; I know who the man is; it was about 6 o'clock on the Saturday"—I asked him to produce a receipt—he replied, "I did not have one"—I took him to the station—he there asked if he could send a wire to Mr. Ives—he was taken to Edgware, where he was charged—I was not present.
Cross-examined. He had mentioned that he bought the horse in Ives' yard.
on Tuesday. August 11th, I went to Elnathan Mews and saw the prisoner—I told him I was making inquiries about a black horse stolen from Edgware—he knew who I was—I told him I had heard he had bought a black horse—he said (Reading), "I have not a black one; I bought a brown one last Saturday from the Livery Yard. Canterbury Terrace, about 14 hands 3 in.; I gave £26 for it"—I asked him where it was; he said, "I have not got it now"—I left him—I saw him again on the 20th at Harrow Road Police Station and conveyed him to Edgware—he made no answer when charged.
The prisoner, in his defence on oath, stated that he had known Ted Chilton for twenty years, and that he was a horse dealer, and had an uncle a horse dealer at Bristol, that Chilton came to him and said he had a horse to sell which he had brought from Bath; and that he bought it from Chilton for £15.
Evidence for the Defence.
GEORGE BROWN . I am a horse dealer of 49, Greenside Road, Shepherd's Bush—on August 8th I was at Aldridge's and there saw the prisoner—a man came up to him and asked him if he would buy a horse; the prisoner said he would if it was a useful horse—ultimately, I and the prisoner with the man and another one drove off to Canterbury Mews, to Mr. Ives', where the prisoner got out, took the horse and ran it up and down—I did not hear what was said—we adjourned for drink, and in the public house £15 was mentioned as the price of the horse—I saw some gold pass—the man who sold the horse was a respectable young fellow, well dressed, and looked like a man who might be reasonably selling a horse.
Cross-examined. It would not be correct to describe the man as tall, rather rough, and of a dirty and dark complexion.
JAMES IVES . I am a job master at Canterbury Terrace, Maida Vale—on August 8th a man came to me with a brown-black horse—he left it with me at livery—he looked like a horse dealing man, but was rather dirty and dusty, as if he had come a long way, and the horse, too—he came again later and looked a different man altogether—he had got a clean collar and tie on; he had shaved, washed, and brushed himself—he asked me to come and sec the prisoner at some other part of the yard—I went and the prisoner said, "Has this man got a horse here?"—I said, "Yes"—the man went into the stable and brought it out—it was run up and down—the prisoner asked the man the price—he said £24—the prisoner said, "Oh, that won't do—they had a conversation which I did not hear, and they adjourned for drink—when they came back the man put a shilling in my hand, and said, "You had better come down, for Bligh will not pay me for the horse till I have paid you"—I went—the prisoner asked me if I had been paid, and I said, "Yes"—I have known the prisoner ten or fifteen years.
ALBERT GREEN . (Re-examined by the Court.) I made a note of the conversation on the 11th in the evening in this book (Produced)—I was speaking to him between six and seven—it was dark and had been raining very heavily.
conversation I speak to (Produced)—the note of the 10th was made after the note of the 19th. (The Common Serjeant considered that a note made long after was of no value.)
NOT GUILTY .
MR. HUTTON. Prosecuted; MR. PURCELL. Defended.
GUILTY . Strongly recommended to mercy by the Jury. One week's hard labour.
FOURTH COURT.—Friday, September 11th, 1903.
Before J. A. Rentoul, Esq., K.C.
696. ARTHUR HARRISON (25), PLEADED GUILTY . to stealing from the dwelling house of Woolf Davis silver plate value £80, having been convicted of felony at Clerkenwell on July 3rd, 1900, in the name of Arthur Davis Harris. Four months' hard labour.
MR. HUTTON. Prosecuted.
GUILTY . Three months' hard labour.
MR. NICHOLSON. Prosecuted.
ELLEN JERROM . I am the wife of William Jerrom, of 9, Camden Street, Islington—about 11.30 p.m. on August 7th, I was in Packington Street when the prisoner came behind me and snatched my purse away—I turned round and caught hold of him—he then struck me in the face—we struggled and I got the purse back—I told a policeman and the prisoner was arrested.
Cross-examined by the Prisoner. I have known you by sight about twelve months—I have never spoken to you or had any drink with you—I did not call you out of the Packington Arms and ask you where a friend of mine was.
WILLIAM PHILLIPS . (193 N.) I was on duty in Packington Street at about midnight on August 7th—the prosecutrix complained to me—I went to the prisoner and told him what she had told me—he replied, "You have got the wrong one, I know nothing about it"—I said, "I do not want any lies, tell me the truth"—he said, "Well, I did attempt to take her purse away, but I did not strike her in any way"—I took him to the station, and on the way he said, "You know this woman, don't you, governor"—I said, "No"—he said, "She is a prostitute walking Upper Street"—the prosecutrix denied that—he then admitted striking her in the face, and said it was what she deserved—when charged at the station he made no reply.
Cross-examined. There were no marks of violence on the prosecutrix.
prostitute is absolutely false—I have been married five years—I have no children.
WILLIAM JERROM . I am the husband of Ellen Jerrom and live with her—there is no truth in the suggestion that she is a common prostitute—on August 7th I got home about 11 p.m. and she then went out for my supper—she was indoors when I got homo.
The prisoner, in his defence on oath, said that he was in the Packington Arms drinking with Mr. Moss when the prosecutrix came in and asked him if he had seen a friend of her's. Nancy; that he got larking with her, and did get hold of half her purse, but had no intention of stealing it; that he did No. hit her; that he had been in her company many times, and had seen her in the company of several young men.
Evidence for the defence.
—Moss. I was with the prisoner in the Packington Arms on August 7th from about 9.30 till 10—I do not know what he did afterwards.
MR. WOODGATE. Prosecuted.
NELLIE BRESSEY . I am single and live at Thornton Heath—on Saturday August 8th I was at the Bank station of the Tube going to the boat, and had a portmanteau with me—the prisoner asked me if he could carry it for me, and I gave it to him—he walked very quickly with it and I had to leave four friends whom I was with to keep up with him—when we got to the bottom of King William Street the traffic was dense and he crossed the road before I could, as he was a little in front of me, and when I crossed I could not see anything of him—I gave information to the police—the following Tuesday I went to the Bank station again and saw the prisoner in the same place soliciting luggage from people—I noticed that he only asked ladies—I watched him for a few minutes and then Detective Garrett asked me if I recognised anybody—I pointed the prisoner out to him and he was taken into custody—I have no doubt he is the man—the portmanteau was full of clothes and I had 30s. in money in it—I have not recovered it.
HENRY GARRETT . (City Detective.) On August 8th the prosecutrix came to me and reported the loss of a bag—on the 11th I was near the Tube subway at the Bank with Nichols—from the description the prosecutrix gave me on the 8th I kept the prisoner under observation—after I had been watching him a quarter of an hour I saw the prosecutrix—I asked her if she saw anyone she knew—she pointed to the prisoner and said, "That is the man who had my bag"—we went towards him—he saw us approaching and walked away—I stopped him and told him I was a police officer and that Miss Bressey would give him into custody for stealing her bag on the previous Saturday morning—he said, "She has
made a slight mistake"—he was taken to the station and charged and made no reply—he gave an address at a common lodging house in Commercial Road—this letter was sent to the Inspector, (Read) "I think if the officer looked round the same place as he found me he would find a man that would answer to the same description as I do, according to age and height. He is a man wearing a kind of German or Russian pattern cap, round, flat top, and buttoned on each side, with peak, and is of a foreign nationality and speaks English, and I think if the man was taken in front of the lady she would have a different opinion; the man has a rather quick short step"—there never has been such a man frequenting that neighbourhood—I have been round that neighbourhood for nine years, and if there was such a man I should know of him. '
Cross-examined. I saw you ask a number of people if you could carry their luggage, both men and women.
Prisoner's defence. "I know nothing whatever about the case."
GUILTY . Eighteen calender months' hard labour.
700. THOMAS HENRY POUCHER (38), JOHN JONES (18), and MARY ANN BUCKLE (23) , Burglary in the dwelling house of Charles Alfred Goffin, and stealing four cigarette cases and other articles his property. Second count, receiving the same, knowing them to have been stolen.
POUCHER and JONES PLEADED GUILTY .
MR. SYMMONS. Prosecuted.
CHARLES ALFRED GOFFIN . I live at Wrexham Lodge, Hilltop Road,. West Hampstead—on August 25th, about 4 a.m., my wife woke me up and said something to me—I went down stairs and found that a burglary had been committed—the dining room table was covered with plated ware ready to take away—I missed about £50 worth of property, but have recovered the greater portion of it—these four cigarette cases, card cases, silver cigarette case, two silver knives, silver cup, and pair of silver candlesticks were stolen from my house—I identify them.
CORA ANNIE GOFFIN . I am the wife of the last witness—on August 20th, about 4 a.m., I was aroused by the prisoner Poucher coming into my bedroom with a lighted taper in his hand—the house was securely fastened the night before.
HENRY BURTON . (Detective S.) About 4. a.m., on August 25th, I was in Netherwood Street, about 300 yards from Mr. Goffin's house—the two male prisoners passed me and went into 34, Netherwood Street—Poucher's pockets were very bulky and he was holding them with his hands—I was satisfied that he was carrying something—just then I received a communication from West Ham police station, and in consequence got assistance and surrounded No. 34. Netherwood Street—I then entered the house by the front door—I went into the front basement kitchen and saw the three prisoners—the male prisoners were dressed and the woman was in bed—I said to Poucher, "I am a police officer and shall arrest you for committing a burglary this morning at Hilltop Road—he said, "I don't know what you are talking about"—at the station I searched him and found on him a tobacco pouch and a pipe belonging to Mr. Goffin.
FREDERICK ANDREWS (Detective S.) I was with other officers at 34, Netherwood Street, on the early morning of August 25th—I arrested Jones—I searched the front kitchen and found all the silver ware which Mr. Goffin has identified on a cupboard in the corner of the room—it was lying upon a newspaper quite open.
ELLEN SHORTER . I am the wife of Robert Shorter, of 40, Netherwood Street—No. 34 is let out in flats of three rooms each—on May 27th I let the basement to Mr. and Mrs. Poucher at 9s. a week—I knew Buckle as Mrs. Poucher—Poucher told me he was an insurance agent for the Prudential—Mrs. Poucher usually paid the rent—about the third week I heard that men were visiting her and I told her if it continued she would have to go—she said there was nobody there except her and her husband, but sometimes her husband had friends call—I have often seen Poucher about in the day time.
EDNA VIVERS . I am the daughter of Robert William Vivers, of 10, Brondesbury Villas, Kilburn—on the night of August 15th the houe was securely fastened up—at 7.45 the next morning the kitchen window was wide open, also the scullery door—about £30 worth of property was stolen—we have since recovered part of it—I identify this clock as my father's.
LIMBE BUNN . (Detective S.) On the morning of August 25th I went with other officers to 34, Netherwood Street, and there found the property that Miss Vivers identified—these spoons and forks (Produced) I found in a box in the back kitchen—it also contained a quantity of other cutlery—as I was about to open the box Buckle said, "Don't touch that, there is nothing in there but what belongs to me"—when I found the things I asked her how she came possessed of them—she made no reply—I told her she would be charged with receiving them—she was taken to the station and when charged made no reply.
JOHN WILLIAMS . I am the son of Hyman Williams, and live at Strickland House, Edgware Road—on the night of August 17th the house was securely fastened—the next morning I found everything in great disorder and missed a lot of silver and other things value altogether about £80—these two table clothes (Produced) were stolen from us—we have not recovered anything else.
FREDERICK ANDREWS . (Re-examined). Sixteen pawn tickets were found in Buckle's possession—I was present when they were handed over—one related to some table clothes—I went with the last witness to see them and he identified them—on September 1st, at Marylebone Police Court, I told Buckle that two table clothes had been found pledged, and that I was going to put her up for identification—she said, "There is no necessity to do that, I admit I pledged them myself, but they were given to me by Poucher as a present"—I told her they were stolen on the 18th and pawned on the 19th—at the corner the name has been cut out and hemmed over.
about £70 worth of his property was stolen the same night—he has only recovered his umbrella—this is my umbrella (Produced).
WILLIAM GRIST . (Detective S.) On the morning of August 25th I went with other officers to 34, Netherland Street—in the front kitchen I found this umbrella—Buckle was charged with receiving it—she replied, "I know nothing about it."
L. BUNN. (Re-examined.) I served the prisoner Buckle with this notice (Produced).
Evidence for the Defence.
THOMAS HENRY POUCHER . (The Prisoner). I have pleaded guilty to this indictment—when I went out to commit robberies I always left the female prisoner in bed—if she asked me where I was going I told her to mind her own business—I lied to her about the table cloths—I cut the name out and hemmed it over myself—I gave them to her as a birthday present—she pawned them because I told her to—she always obeyed me rather than cause trouble—she could not have known where the things came from.
Cross-examined. I have been previously convicted, including twoterms of penal servitude—in the last fortnight before I was arrested I stole about £250 worth of property—I did not take it home—I took those fragments home that I could not sell—I took all the property home that is referred to in this indictment—I" had not time to get rid of it before the police were on me.
BUCKLE GUILTY . on the second count. BUCKLE and POUCHER then PLEADED GUILTY. to previous convictions, Poucher at Clerkenwell on June 1st, 1897, in the name of Hy. Flemming; seven other convictions were proved against him; and Buckle at Marylebone Police Court on April 6th, 1901, in the name of Mary Ann Kelly. JONES, who had been once convicted, Nine months' hard labour. POUCHER, Five years' penal servitude. BUCKLE, Twelve months' hard labour.
THE COURT. commended the Police for their astuteness.
NEW COURT, Friday, Saturday and Monday, September 11th, 12th.
and 14th, 1903. Before Mr. Recorder.
701. ANTHONY BUCK CREEKE, Feloniously and without lawful excuse having in his possession three 10s. postage stamps, and WALTER JOHN RICHARDS , aiding and abetting him to commit the said offence. Second Count charging Creeke with feloniously and fraudulently mutilating three 10s. postage stamps, and RICHARDSwith aiding and abetting him.
MR. C. F. GILL., K.C., and MR. MUIR. Prosecuted; MR. LINCOLN REED.
appeared for Creeke and MR. WILLIAMS. for Richards.
RICHARD JAMES LUFF . I am assistant superintendent at the Treasury Registry Department, Whitehall—I produce this letter, Exhibit 12. signed A. B. Creeke, junr., dated June 21st, 1902. (This letter was addressed to the
Secretary of the Treasury, and asked for permission to purchase a "block" of four unused copies of each variety of "O.W. Official" postage stamps for his collection: it stated that they were required, solely for philatelic purposes, and that he was prepared to undertake they would not get on the market.) No answer was sent to that letter.
HAROLD JENNINGS WHITE . I am a solicitor of 8, Whitehall Place, and a collector of postage stamps—I know Creeke—on February 12th he called on me and offered me these stamps for sale—they are two each of I.R. Official King's Head 5s. 10s. and £1—he asked £42 for them, which I agreed to pay—I paid him by this cheque payable to bearer—he asked me to give him an open cheque as he wanted to get it cashed—I don't think he asked me to draw it "Pay Cash or Bearer," he simply asked for an open cheque—my cheques are printed "or Order."
Cross-examined by Mr. Reed. I keep my counterfoils, it has simply "Cash I.R. Official" on it—that would call to my mind to whom it was paid—I had no difficulty in arriving at the fact that I paid the £42 to Creeke—I had no entry in any book about it—I have known Creeke for some years—I am a member of the Philatelic Society, and I have known him in connection with that Society—I have always heard that he is a gentleman of integrity—£42 is a good price for the stamps, but I think it is good value for stamps of that denomination—I have bought many rare stamps—I bought some from him three or four years ago—I buy chiefly from dealers, but I have bought some from collectors—I have bought other stamps since I bought these from Creeke—I bought a 10d. stamp of the Office of Works for which I gave £10—my experience shows me that there is nothing unusual about official stamps being bought by keen collectors—I have seen unused official stamps in the collections of other collectors—I have seen them advertised at auctions, and have been present when they have been, sold—I have a great number of them myself.
Cross-examined by MR. WILLIAMS. I first began to collect in 1893—I do not know if I first saw an official stamp then.,
Re-examined. By some means official stamps get out—it has been a matter of common knowledge for some years that Creeke has had the entree to Somerset House.
FREDERICK ROBERT GINN . I am a stamp dealer at 143, Strand—I have known Creeke for nine or ten years—on May 15th he called at my office and offered me these stamps (Produced) for sale—there are three pairs of "I.R. Official" 5s., 10s. and £1—he left them with me until May 18th, when I bought them from him for £28—I paid him by this cheque, which is open, to bearer—he required payment in cash—I had not cash, so I simply gave him an open cheque—I scratched out the word "Order and put "Bearer"—my first idea was to send to the Bank for the money—instead of doing that I gave him the cheque—I asked him about the stamps in the usual way. "Are they good?" and he replied, "Yes, certainly—I asked him that because there have been a great number of forgeries—
I meant were they genuine—nothing was said about the right to deal in them—there may have been some general conversation, but not relating to these particular stamps—I did not ask him where he got them—I had had many transactions with him—I only asked him whether they were good, meaning were they genuine and perfectly legitimate in an all round sense—nothing was said as to their source—we have been dealing with these stamps for a number of years.
Cross-examined by Mr. Reed. Anything that came from Creeke I took without suspicion—when I spoke about the stamps being genuine I referred to forgery—there are a great many forged stamps in the market and we "have had to be very careful—a great many have been forged in Paris—I have heard that the stamp that Mr. White bought was forged—I have not seen it—there is nothing in writing to enable me to say that I had bought these particular stamps from Creeke—it was a cash transaction, and we do not keep the names generally unless it is for a large amount—there was nothing out of the ordinary in connection with this transaction—I have bought official stamps previously—I do not know the source from which these unused stamps are obtained; the ones that I have bought have chiefly been from collections.
Re-examined. My office backs upon Somerset House—I looked upon Creeke as one of the chief experts in unused stamps—he has written a book on stamps which we use as a reference—I believe he has announced the fact that he had access to Somerset House.
CHARLES FISHER . I am a cashier at Glyn's Bank, Lombard Street—Mr. Ginn has an account there through the London and Provincial Bank—I cashed a cheque on May 18th dated that day, for £28 on his account—I paid it in gold.
JOHN WILLIAM JONES . I am a stamp dealer of 444, Strand—I have known Creeke for about twelve years in connection with unused stamps—he has written a book on them—I have bought stamps from him from time to time—a day or two before May 15th he told me that he had a set of "I.R. Officials" to sell; they were 5s., 10s., and £1 over printed King's Head "I.R. Official," the ordinary current stamps—he said he wanted £15 for them—on May 15th I agreed to buy them, and gave him this cheque for £15—at his request I put "Pay cash" on it—I bought the stamps for a customer.
Cross-examined by MR. REED. I have had a few odd official stamps from time to time—they are always coming along—I know nothing against Creeke—I have not got the stamps now; I sold them to a customer at a small profit—I did not think that there was anything strange in Creeke having the stamps, otherwise I should not have bought them.
GEORGE WILLOUGHBY CORNELIUS . I was senior clerk in the Stamps and Stores Department at Somerset House—I am now a principal clerk, which is higher than senior clerk—I have been at Somerset House some years—Richards has been employed there for a great number of years,
and in August, 1902, he was placed in charge of the stamp stock in the postal branch—in September, 1902, he was promoted to be principal clerk in the postal branch—that is the highest position in the department, and he had a commencing salary of £540 a year—the maximum in that branch is £650—there is a considerable quantity of stamps of all amounts kept at Somerset House, which is called the double locked stock, that is the bulk of the stock, and is so called because it is double locked—there are two clerks who each have a key, one being the principal clerk—no one person can open the stock except by getting the two keys, which he ought not to do—from time to time there is a stock taken from the double lock stock for issue—that is called the issue stock for which there is a proper requisition—it is kept in the same room, but in different safes, so that it is more easily get at able, and is under the sole control of the principal clerk in the branch—those under him have access, but not without his authority, and he is responsible—the great bulk of the issue stock goes about the country to different places, and included in the issue stock are what are called overprinted official stamps—they are issued to the public departments like the Inland Revenue, the Board of Education, the Office of Works, the Royal Household, and so on—when an official letter is sent it is accounted for by an official stamp so that it may be ascertained from time to time what amount of cost there is in doing the Government business—when dealing with the issue stock the different stamps sometimes get damaged and torn—the principal clerk exercises discretion as to whether the stamps shall be cancelled or not, and he passes all stamps for cancellation—we should not issue to a local official, stamps not in good condition—if they are damaged for some reason the principal clerk is notified—in the case of single stamps, which are torn or dirty, for safeguard they are gummed on to paper: if the sheets of stamps are blurred or something of that kind they are dealt with in sheets—when stamps are to be cancelled a formal application for cancellization is made, and a schedule describing them accompanys them—they are sent to another department, where they are examined and burned in the strong room, so that the principal clerk would be discharged to the extent of the amount mentioned in the warrant—until quite recently there Was a £5 postage stamp—it was used when there were a great number of letters; they were taken to the post office and the stamp paid for them instead of stamping all the letters—stamps are also cancelled by what is called overprinted specimen; that is for the purpose of having sets of specimen stamps for persons who may want to test the genuineness of stamps—a similar warrant is made out—the kind of stamp to be overprinted is set out in the schedule, and when they are overprinted" specimen" they are demonitized—Exhibit 33 is a warrant initialled by Richards, and dated April 7th. 1903, requesting that certain stamps set out in the schedule be marked "specimen"—the accounts of the principal clerk would then be discharged to that extent—when they were marked "specimen" they would come into the possession of the principal clerk, and the stamps in this schedule for 5s., 10s., and £1 would be returned to Richards—they are demonitized, but he has to account for them—the same minuteness has not been observed
in regard to specimen stamps—on May 30th he went on leave of absence—before he went his stock was taken—the ordinary course is for the stock to be taken each month, but as he was going on leave, a further examination was made—he would have to hand over and account for all the stamps which had come into his possession from the double locked stock—I took part in the stock taking in conjunction with others—among other things he produced this sheet (Produced), which purports to have on it six Inland Revenue official King's head 5s. stamps, five 10s., and five £1, and on another piece of paper there are nine 10s. Queen's head stamps—those were treated when taking stock, as being what they appear at first sight to be, and it was necessary that they should be produced so as to make up his stock—looking at them cursorily they appear to be stamps which have been accidently torn and damaged, and they were treated and taken over in that way—some of them are only rather dirty, but not fit for issue—we also took possession of some Inland Revenue official stamps over-printed specimens, there were only fourteen 5s., eleven 10s., and fourteen £1—I did not notice them much, they were as they are now (Produced)—Richards had been in possession of twenty specimens of stamps of different denominations, and upon checking those that were left I found an authority for the issue of one set of specimens (Produced), that is one each of 2 1/2d., 6d., 1s., 5s., 10s., and £1, so there should have been nineteen of each denomination left—there were also under his control and amongst the stock, overprinted ordinary postage stamps for 5s., 10s., and £1 specimens—he had forty-six of the 5s., thirty-two of the 10s., and fifteen of the £1—from May 30th up to July 20th there had been no overprinting of Inland Revenue official specimen, or specimen only, stamps of these denominations.
Cross-examined by MR. REED. I am now occupying the position that Richards held, but in another department—I am now acting for the Assistant Controller, who is in charge of the overlooked stock—Mr. Barber has the other key—an absolute record is kept in the department as to the specimen stamps that are issued or overprinted—the date of the warrant preceding the one of April 7th, withdrawing from stock the twenty stamps of different denominations, would be shown in the Charge and Discharge book, but I do not believe it is in Court—I do not think there is any book in Court which will show how many 5s., 10s., and £1 specimens remained in stock on December 31st, 1902—I do not know if there were any specimen stamps in Richards' hands or in those of his colleague at the end of last year; the only book which would show whether he had any then would, be the book which shows the creation of the stamps; the receipts of the persons who received them are also kept; there is a list kept of the persons to whom stamps are issued—a specimen of each stamp was properly withdrawn from the number by Mr. Mallet, one of the Commissioners of Inland Revenue—I have myself got a number of specimen stamps, it is an official collection, and I take it that my predecessor in my present office had one—it was not left behind for me, and I made a new one—I did not have any of the stamps which were withdrawn by the warrant of April 7th—the only record which shows that Mr. Mallet had one of each is this letter signed by Mr. Cleve, (Asking for a set of stamps, and that his letter
might be kept.)—we have kept the requests for many years back, but now a book has been started—I take it that Mr. Mallet had the stamps for an official collection—I make no suggestion about the missing stamps—I am not in a position to say where any of the eight 10s. stamps which are missing have gone—I have not had any of the unused official stamps—I was not present when Mr. Cleve gave his evidence—I may have heard that he has admitted that he had some of them—he is here to-day.
Cross-examined by MR. WILLIAMS. If two or three sets of official Inland Revenue stamps were abstracted in December, the dishonesty would be discovered before the end of the month, if the stocktakers did their duty—there is a stocktaking at the end of each month by the officials of the branch, and an independent stocktaking by an official appointed by the Board at the end of each quarter—if there was a deficiency in the Inland Revenue official stamps, it must have been discovered at all events at the end of March—if Richards had dishonestly given two sets of Inland Revenue stamps to Creeke on February 12th, it would certainly have been found out at the end of March, and probably at the end of February—on May 5th there was a surprise stocktaking; it was a special thing by some of the outside officials of the Board; no one knew of it beforehand in our department; it was practically directed to the over printed stamps—I believe that the amount came out correct; some of the stamps had been moved, but I think the total value was correct—I cannot say that the Inland Revenue official stamps were absolutely correct from my own knowledge—when a new issue is coming out, specimens are always taken from the first issue, so that they can be compared—I have a collection of stamps—I cannot say that it is complete—Richards had one also—when the sheets of stamps come from the printers, there are forty £1 stamps, fifty-six 5s. and 10s., and 240 penny on each sheet—when they had been marked "Specimen "Richards would have the custody of them—he always deputed Mr. Beckworth to hand them out—we can say what has become of the specimen stamps by comparing the number of receipts with the number of stamps created, but of the ordinary stamps an absolute record is kept—I think the new and better method with regard to the specimen stamps was adopted in April; the book was certainly kept by Richards' authority—I can find no cancellation of Inland Revenue official stamps from January to May, except on April 7th—Richards initiated the book, so that it could be seen at once who had had the stamps without hunting up the receipts—if single stamps are accidently torn, they should be put on paper to prevent them being lost—I do not believe the over locked stock book is in Court.
Re-examined. In the over locked stock there would be a stock of Inland Revenue officials of different denominations—it is from that stock that the issue stock is replenished—I should have said before that I was present at the examination of the issue stock, not the over locked stock, which was audited very rarely—I only remember one occasion—there was a small deficiency in the 10s. stamps when Richards' stock was examined; it was only £1—we were giving him credit for all the stamps being genuine—the stamps of. a common issue
might get torn, but these, which were of a higher rate, would, not be so often issued, and therefore not so often handled, so there would be less likelihood of them being torn—if they were torn, it would be the right thing for them to be gummed on paper—I do not know if the stamps in question were passed again on June 30th—I asked how they came to be torn, and the explanation was given that Richards tore them accidently when they were in an envelope, and threw them away without knowing it—since then, the accounts have been gone into again, and although the actual deficiency is the same, it does not appear to be in the same stamps—at the end of June they were still credited, but they were in the hands of Mr. Highmore.
By MR. WILLIAMS. The audit on May 5th was a—stock taking of the over locked stock of the Inland Revenue official; it is the usual thing when stamps are put together for cancellization that they are cancelled before the next audit.
GEORGE STUBBS . I am an analyst employed at the Government Laboratory at Clement's Inn Passage; it was formerly at Somerset House—I have been employed there for sixteen years; during that time I have had considerable experience in microscopical examinations of different substances—I had submitted to me by Mr. Highmore, assistant solicitor to the Board of Inland Revenue, a quantity of stamps, including this piece of paper with the torn stamps pasted upon it on the lower part of it—they are all King's Head, all apparently Inland Revenue official; there are five of 5s., five of 10s., and five of 20s.; there is also a loose 5s. one which is torn, but otherwise not mutilated—the other fifteen, with two exceptions, are all torn or cut immediately below the word "Official"—the two exceptions are Nos. I and 3, 10s. stamps, and I have formed the opinion that they are genuine Inland Revenue official stamps—upon a cursory examination, all the other thirteen appear to be whole Inland Revenue officials—I have examined them, and find that they are composed from at least twenty-six different stamps—I have also examined Exhibit 31, which consists of a number of stamps which are overprinted "I. R. Official, Specimen" denominations 5s., 10s., and £1—Exhibit 32 consists of a number of postage stamps overprinted "Specimen" only, and of the same denominations—by cutting up and piecing together 'those two classes of specimen stamps it is possible to make a stamp which would appear to be an Inland Revenue official stamp without the word "Specimen"—that would be done by taking one of the Inland Revenue officials and tearing or cutting it below the word "Official," so as to have a portion Of a perfect stamp with the word "Official" on it, and then taking one of the specimen stamps, and taking the bottom of it off and putting the two together; if that was pasted on a piece of paper it would resemble an entire Inland Revenue official stamp, as on Exhibit 31, and he tally would be correct—I have examined the other pieces of stamps on Exhibit 38, they are the portions cut from the bottoms of three 10s. postage stamps (Found in the possession of Creeke.)—the stamps from which they were cut may or may not have had the word "Specimen" on them—I could take similar pieces from some of the 10s. stamps
in Exhibit 32, but not from all, because the word "Specimen" is printed too low down; you want a stamp where "Specimen" is printed especially high—there are four on this slip suited for that purpose; the same observations apply to the 5s. and £1 stamps—I have microscopically examined the three 10s. stamps on Exhibit 30—I find that Nos. I and 3 are genuine, but No. 2 has been cut in half below the word "Official;" when the two parts are dropped together so as to make the pattern, there is a gap left between the two with a clean cut edge on either side—the design of the stamps is incomplete; if they belonged to the same stamp there would be a portion missing; then the stamp has been clean cut through on the left hand bottom corner, and a piece has been patched in which does not exactly meet, and which is not the exact pattern; then the margin is missing on the right side, and at that place there is an overlapping of the pattern; there is not a clear margin in the original stamp, and if the two portions had belonged to the same stamp the measurement of the margin would have agreed, but at the only place where you can measure it the margin is missing on the original stamp; it is not distinct on the left, and it has been cut away on the right—stamp No. 2 has been made up of five pieces, and numbering them from the top the pieces above the word "Official" are from the same stamp, the other three pieces, I think, are not—No. 4 is divided into four pieces—the two upper pieces are from one stamp and agree one with the other, the two lower portions are from another stamp—the right hand lower portion does not agree in any way with either of the portions of the stamp that are there—the perforation on the right hand bottom side, is narrower than that of the other side, and could not have belonged to any of the other stamps of that row—part three of that stamp is attached too close to the other part; it should be lowered a little at the right hand bottom corner in order to make the full size of a genuine stamp; there is a considerable portion of the stamp missing—the stamps have been divided by a sharp instrument—No. 3 stamp is composed of four pieces, and one part of the stamp is missing, that is the margin on the left hand bottom corner—the right hand bottom piece shows too much duplication of the pattern where it joins the next piece—the piece at the bottom of the left hand side is too near the upper piece, and if separated to make the proper sides of a correct stamp it would show very clearly a gap with a clean cut edge on either side—the 5s. and £1 stamps on this piece of paper are made up in a similar way to the 10s. ones, and in every case are divided under the word "Official" and made up of more than one stamp—I find that in the block of stamps in Exhibit 30 in the left hand corner a portion of a stamp which coincides exactly with the corner which is missing from No. 3 of the £1 Inland Revenue specimen—if what I say is correct the stamp upon Exhibit 30, which appears to be an Inland Revenue official stamp, must be an Inland Revenue official specimen.
Cross-examined by MR. REED. There are only four stamps on Exhibit 32 with "Specimen" printed sufficiently high to enable the lower portions to be used as these pieces have been used; in the other cases the word "Specimen" has been printed too low—the sheet from which, the specimen 10s. stamp came, has the same water mark running the entire length
—if these little portions alleged to have been found on Creeke had been cut from the sheet from which these four were torn they would have the corresponding watermark.
By the COURT. If you have a stamp marked "Specimen" you can cut off that portion of it which shows it is specimen, and you can buy a 10s. stamp and place upon it the portion which is not marked specimen, and if the person is dishonest he can make one believe it is a genuine Inland Revenue official stamp.
Cross-examined by MR. WILLIAMS. None of these £1 stamps are genuine—with regard to No. 3 there is a duplication of the pattern—there is one line in excess in the chain pattern—in No. 5, at the bottom, a small piece has been put in and the perforation there is very much narrower than the remainder along, the bottom—measured microscopically the margin is two or three times deeper—none of the 5s. stamps are genuine, and only two of the 10s. Inland Revenue officials.
ALFRED WARD . (Police Sergeant.) In May I was making inquiries at the instance of the Solicitor for Inland Revenue with regard to matters connected with stamps—On May 25th I visited Creeke—I told him I was a police officer and that I had been deputed by the Inland Revenue to make certain inquiries concerning overprinted official stamps, and in consequence of my inquiry I had found he had sold several stamps, and I wanted to know where he got them—he said, "Am I bound to tell you?"—I said, "That is a matter for you; I have got the inquiry to make and I want to know"—he said, "I don't feel disposed to tell you"—I told him I should take it that his answer to me was no, and that I would convey his message to the Inland Revenue—when I was about to leave he said, "You can make this proviso, I will ask my friend from whom I got them"—I said, "I will make no proviso," and I left him—I continued my inquiries, and on June 9th I had a warrant granted by Sir Albert de Rutzen for Creeke's arrest—I arrested him about 1.45 outside the Law Courts that day—I told him I had a warrant for his arrest—he said, "What for?" I said, "For receiving official stamps"—he said, "Do you mean the Office of Works stamps?"—I said, "Yes, and there will probably be a further charge of receiving other stamps"—on the way to the station he said, "I have never had any others except the Office of Works', except a few Mr. Purcell gave me years ago"—at the station I read the warrant to him and he made no reply—he was searched, and upon him I found a pocket book and certain documents and some stamps: in the pocket book I found eight 1d. Inland Revenue stamps over-printed "I. R. Official," and these three pieces of stamps (Produced.)—that same day I saw Mr. Highmore and handed to him the different things that I found on Creeke—among them I gave him the three pieces of stamps—on June 11th Creeke came to New Scotland Yard, where I was—he was out on bail—he wanted to know what he was charged with and said, "If I give you the connecting link as between me and the person from whom I got the stamps, do you think it will assist"—I said, "I can make no terms with you, but if you make a statement to me I will take it down"—I wrote down his statement and he signed it afterwards—
when I got to the words "I did not even then connect his father with it" he stopped me—I asked him about the Inland Revenue stamps he had sold to Mr. Ginn, and he then went on dictating the statement—I witnessed the statement, and then said, "Are you sure you have told me everything?" and he went on, "I had altogether five sets of Inland Revenue official 5s., 10s., and £1 stamps, King's head: one I sold to Mr. Jones, stamp dealer, Strand, for £15; two sets I sold to Mr. H J. White, of No. 8, Whitehall Place, for £42, and the other two sets I sold to Ginn for £28," and he signed it again—on June 20th I was with Sergeant Palfrey, when I arrested Richards on a warrant—he was taken to Bow Street Police Station—he made no statement.
Cross-examined by Mr. Reed.—When I first went to Creeke's office I gave the clerk my card before Creeke came in—I was in plain clothes—I told Creeke I was a police officer, and he had my card in his hand—I did not conduct myself in rather an offensive or over-bearing manner—I did not insist upon his supplying me with information—he did not say, "I feel some difficulty about giving you the name of the man from whom I received these, because I have promised my friend that I would not mention his name in the matter"—he said he would see his friend—he said he had not got the stamps from an official—I made a note of what he said shortly after I left his office—I have looked at it since—when I searched Creeke, Waterhouse (See next case) was sitting in the corner with his eyes shut—this was about 1.30 p.m.—Waterhouse had been there about an hour—I do not know if he looked at Creeke—these three pieces of stamps I took from Creeke; I am sure of that—a list of the stamps found on him was made on the back of a visiting card—I asked him about the Inland Revenue stamps—he said he did not know where he got them—I said, "You had better take a note of what I am going to take from you," and he did so—I did not check the list; he has got it—its object was for him to know what I had taken—on the last occasion I said I had had it, but I had another card in my mind—I did not want the list: I had the stamps themselves—when I made a list of the stamps found on him I did not include the pieces of stamps, because at that time I was dealing with official and mis-perforated stamps—I noticed the mis-perforated stamps because I had been given to understand that it was impossible for them to get into the hands to the public, as they were destroyed—Mr. Moore told me that—I did not hear him say at the Police Court that he had no knowledge of these peculiarities, or that he had gone to Percy Richards and asked him if he had seen these postal curiosities—I do not know that these mis-perforated stamps were bought over the counter at Chancery Lane Post Office—I have not confused Creeke's property with anybody else's—I have not manufactured the three pieces of stamps for this case, I should not do such a thing—I sent a bogus telegram—the case was before the Magistrate and dismissed—I never saw the 10s. stamps before I arrested Creeke, and I handed them to Mr. Highmore.
Cross-examined by MR. WILLIAMS. I found the three pieces on June 9th—I did not arrest Richards until June 20th.
Re-examined. When I arrested Creeke there was no charge of forgery—the telegram I sent was in order to effect the arrest of Walter Richards, to get him out of his own house—for that I was criminally prosecuted and appeared at Bow Street—the case was dismissed—I have been in the service for sixteen years—my conduct has never been called in question—I have received commendations and rewards—a number of papers taken from Creeke were handed to Mr. Highmore, and were produced by me at Bow Street.
By the COURT. I handed them to Mr. Highmore on June 9th, the day of the arrest—I arrested Creeke about 1.45 and found the pieces of stamps about 3 p.m.—I handed them to Mr. Highmore at 4.30 at the latest—up to that time there had been no suggestion of the 10s. stamps—I said to Creeke about the pieces, "What are these?"—he said, "They are only pieces of stamps, I am a dealer"—I did not attach any importance to them.
NATHANIEL JOSEPH HIGHMORE . I was Assistant Solicitor to the Inland Revenue in June; I have now been appointed Solicitor to the Board of Customs—I had charge of the inquiries with regard to the misapplication of overprinted stamps—I was present at Bow Street Police Court on June 9th, when Creeke was arrested, and on that day communicated with Ward with a view of knowing what had been found on Creeke—before June 9th there had only been evidence of arrest—on June 9th, before Ward gave his evidence, he brought me at the police court a purse or wallet which he had found on Creeke; I opened it and found therein the stamps which were produced on that day, Exhibit 42; I took them out of the pocket book myself, and selected what should be put in evidence—I also found in the wallet these three small pieces of stamps, Exhibit 38—there had then been no reference at all in the information or otherwise to the existence of anything of that kind—I did not at that time appreciate the importance of them, but finding them there with the other documents, they have since remained in my official custody; they were placed in the same envelope as Exhibit 42, and after Ward gave his evidence they were made a separate Exhibit—it was on July 14th that the importance of these three pieces of stamps first became apparent—on Saturday, July 11th, I had occasion to ask the Controller for the production of the Inland Revenue official stamps overprinted; on the Monday I was at the police court, and on Tuesday he produced those stomps to me and then I found they were short in 5s., 15s., and £1 stamps; after some further inquiry, the sheet of three other stamps, Exhibit 30,. was brought to me, and I then realised the importance of it—my opinion' at the time was that instead of the Exhibit consisting of damaged stamps, these separate stamps were made up of parts of other stamps, as was proved by the expert yesterday—Ward had nothing to do with the discovery of the importance of these pieces; it was entirely myself.
Cross-examined by MR. REED. The discovery was made on July 14th, and the stamps were submitted to the expert for examination, and he was called on this subject on July 20th, at the first hearing after the discovery—I believe there was no reference to these three pieces
of stamps till the 27th; in fact, it was impossible to get through the evidence as quickly as we should have liked at Bow Street*; the witnesses were there but were not called—I did not at the time make a list of the property handed me by Ward as having been found on Creeke; I put the property in two envelopes—I first made a list, I should think, about two months ago, about a month after his arrest—it is not my general practice to make a list of property handed me by police officers in cases which they have to investigate; such property is placed in envelopes and kept under lock and key—all the stamps enumerated by Ward in his evidence, as well as these three pieces, were in the wallet at the time he handed it to me; I pledge myself to that—I think there were also in it some ordinary postage stamps which were returned—I recognised that these three portions of stamps were portions of 10s. stamps, not 10s. I.E. necessarily—there are 10s. stamps in blue which are sold to the public, besides those with I.E.—I was aware at that time of the provisions of the Stamps Management Act—it struck me as strange that a gentleman should have in his possession three portions of mutilated 10s. stamps; that was why I kept them—I believe I did not hand back to Ward the three pieces for the purpose of his evidence—I took them out of the pocket book on that day—it does not strike me as strange that no mention was made of the three pieces in Ward's deposition; I did not know the importance of them; I thought it curious that he should have the three pieces, but I knew he was in the habit of coming to Somerset House, and I thought they might be printer's waste, or something of that sort—it did not strike me as being suspicious; he had other stamps which showed he took an interest in curiosities, and I thought they might be curios—there is no possibility of doubt as to my having seen these pieces on June 9th, and they were all in this envelope—they were not produced at the police court or referred to till July 27th—on the committal I was in possession of the same information as I am now as to the building up of these other stamps spoken to yesterday by the expert—I cannot say why the Magistrate was not asked to commit the prisoners on the charge upon which they are now indicted; I instructed Counsel and Mr. Muir is responsible for it.
Cross-examined by MR. WILLIAMS. On July 16th, I began to appreciate the importance of these three pieces; I asked for the stamps to be produced, and found some missing, and I came to the conclusion that these pieces might have been cut from the overprinted specimens—the first intimation Walter Richards had that a new charge in connection with these faked stamps was going to be produced against him was when I wrote on September 4th to his solicitor and stated that an additional indictment would be prepared against some of the prisoners for forgery, and I sent with it a sheet of paper giving the old and the new charges—a considerable number of witnesses were called at Bow Street; I did not give a list of them to Walter Richards but their names are endorsed on the indictment—the deficiency in the specimens left by Walter Richards was five as eight 10s., and five 20s. stamps—if it required 26 stamps to make up the 13 patched up stamps Walter Richards must have used some other stamps;
these are official stamps—sheets of ordinary stamps do not run in any order—I cannot say whether Walter Richards is responsible for that; they were in his custody.
Re-examined. On June 9th Creeke was brought before the Magistrate at nearly 4 o'clock—as to stamps that might be used in making up these stamps on the sheet, only six ordinary specimens seem to have been picked out—on examining a sheet of this kind, I find a specimen is printed higher up—in my opinion, there has clearly been a selection of the stamps that have been taken off.
MR. REED. here stated that after Mr. Highmore's evidence he had advised his client that he must hare been mistaken in the instructions he had given as to the stamps not being on him at the time of his arrest; the issue was now whether Ward or Creeke was to be believed, and his client would withdraw his flea. MR. WILLIAMS. said that he had also advised his client to plead guilty. The prisoners, in the hearing of the Jury, then stated that they were guilty on the First Count, and the Jury thereupon found that verdict. Six months each in the second division. (See next case.)
MR. C. F. GILL., K.C., and MR. MUIR. Prosecuted; MR. FRAMPTON.,
JOHN MOORE MALLETT . I am Registrar of the Admiralty Works Department at 21, Northumberland Avenue—the prisoner was employed there under me as temporary accountant clerk—he had not come into the Civil Service by competition, but was taken on for a time—he was continuously employed there from December 23rd, 1901, till he was arrested on June 9th—at that date his pay was at the rate of 5s. 6d. per day; it was settled monthly—he was liable to be dismissed at the end each month—he sat in my room, which is very large; sixteen persons were employed there, including myself—I am supplied, on my request as I require them, with a stock of Government parcel stamps—I fill up a form for the purpose—the stamps are used for placing on Government parcels—they are so over-printed—no one in the department is allowed to use them for any other purpose—they are kept in a, locked drawer in my table—I used to issue them to the post clerk, Sutton, in small quantities when he wanted a further supply to carry on with—he is suffering from consumption; I have a certificate to that effect—he does not bear the least resemblance to the prisoner—during the day the key of the drawer would be either in my possession or left in the drawer during my presence in the room—at night time the key was kept in a box at the back of my table—the box was not locked—I left about 5 p.m., or when it was convenient, and the clerks remained till 6.30 or 7—in my temporary absence Birch had charge of the stamps—no one besides Birch and myself would know what stock of stamps I had in the office—during January I was only absent from the office two days; Birch would be in charge then—when I left the office in the day time I took the key with me—the
prisoner had nothing to do with the official stamps, his duty was tracing records; when a document was wanted I directed him to search for it and bring it to me—a great deal of that is done in my department—on February 10th, in the evening, I think, I went to my drawer to issue some official stamps and found the envelope in which were 404 penny. 357 2d., and 07 6d. Government parcel stamps when I had last seen it, empty—my entire stock had gone—they must have been taken out of the envelope and the envelope replaced—I never found or traced the stamps—I had during January nine 1s. stamps in stock, but seven were used on January 6th, and two on January 20th—from January 20th until February 18th I had no is stamps in stock at all—I knew that and Birch would know it; it was nobody else's business to know it—I reported the loss of the stamps immediately to the Accountant General's Department and inquired of all the men in the Registry if they could assist me in throwing" light on the disappearance, without result—the heads of the department had the idea that the stamps could not have been stolen because they were of no use to anyone—they were written off as having been abstracted from my drawer, and that was all that was done about it—until I missed the stock on February 10th I believed it was quite correct—to the best of my belief the prisoner, who is now clean shaven, had a very slight moustache some months ago, I hardly like to fix the date as January.
Cross-examined. Perhaps it was not more than an attempt by a fair man to cultivate a moustache, and doubtless it was a sort of moustache that would bring ridicule rather than pride upon him—he had been in the Local Government Board Department for about seven years before he came into my department in 1901—if he had not borne a good character in the Local Government Board he would never have got into the Admiralty, where he had a slightly better position—so far as I know he always bore an excellent character in my department; I think he worked well—he got a good increase of wages, not the maximum—several of the other fourteen who shared the room were about his own age—I treated them as honest men—it never occurred to me that if I went out and left the drawer unlocked anyone would go to it—I tried to be particular about locking the drawer when I left; I do not think it was only mere habit—I will not pledge my oath I always locked it—as far as I know the box at the back of my table, where I placed the key when I left, was only known to Birch and myself—in addition to the clerks a number of other persons are engaged about the office—we have a resident messenger living on the premises—women are told off to clean the office, under the superintendence of the head messenger—seamen labourers, who see to the coal scuttles and so on, also have access; they come at 7 a.m.—the messengers when they come at 9.30. and the women dust the place—they would dust my desk, and doubtless the outside of the box, they do not open it—the stamps were kept in one brown envelope, as issued by Somerset House—there was a flimsy envelope inside the brown one—I last went to the drawer before February 10th, on February 3rd; I noticed nothing wrong with the stamps, then—before that I last went to it on January 20th, and noticed nothing wrong then—on February 3rd I should have had rather
less than 900 stamps altogether—I think it is very doubtful if I should' have noticed on February 3rd if over 500 stamps had been abstracted before that date—I had no 1s. stamps on February 3rd—the nine 1s. stamps I had in January were issued quite regularly, and so far as I know were applied to parcels and sent off—I cannot say that anybody in the office was suspected when the stamps were missed—I cannot say whether it was thought they had got lost in some way; I believe all waste paper was examined by my direction to see if they had got among that—I wanted to take every step I could—I was in attendance at Bow Street on several days; there were eight or nine remands—the prisoner was charged in conjunction with four other persons, three Richardses and Creeke—I believe I heard Mr. Moore's evidence on the first occasion there—I heard the evidence of a number of stamp dealers—I cannot honestly say I heard those witnesses speak to extensive dealings with the Richardses in Government parcel stamps—I know several cheques were produced, I do not know what for; I did not follow the evidence clearly—I cannot swear that a cheque was found on Richards from Moore for £10—the prisoners were charged with stealing stamps from the Admiralty.
Re-examined. At Bow Street there were charges against other persons' in connection with Office of Works and Inland Revenue stamps.
By MR. FRAMPTON. I keep an attendance book at the office, and clerks have to sign themselves in and out—if the prisoner went out during' office hours he would not sign, only when he came in the morning and when he left at night, though that is generally filled in next morning—he would not sign when he went out to get refreshment at mid-day; thirty minutes is allowed for that; and frequently we have to send men out—they have no time for tea—they frequently leave the premises for other purposes with permission.
By MR. GILL. Moore came to my office with Sergeant Ward on two occasions and had an opportunity of seeing all the clerks in my department.
By MR. FRAMPTON. On the first occasion Moore came for the purpose of seeing all the clerks in the office—I knew why he came—he saw them all at work, including the prisoner—he just walked round the office—I did not know he said, "I could identify no one"—no action was taken on that visit, although he had seen the prisoner.
HENRY HERBERT BIRCH . I am a clerk in the Works Department of the Admiralty, in the same room as Mr. Mallett—in his absence I take charge of the Government parcel stamps—I have never used them or allowed them to be used for any but official purposes—when stamps were issued to be put on parcels to be sent away it was done by Sutton.
TASKER BROWN . I am a clerk in the Works Department of the Admiralty, and I was in the same room as the prisoner; ten or twelve others were employed there—towards the end of January this year the prisoner showed me a collection of Brazilian stamps at the office, and gave me one of each value for my collection; these are they—they have been through the post—a few days after that I and others were out at lunch,
and when half way down Villiers Street the prisoner said he was going to bell the foreign stamps that ho had, and he went away down Villiers Street, and afterwards at the office he said he had sold the Brazilians—I have since seen Mr. Moore's shop; it is at the bottom of Villiers Street, on the right, going down.
Cross-examined. As far as I can remember this conversation took place towards the end of January, four or five days from the end, perhaps; I cannot remember if it was more—I do not think it would be a week before—we had been lunching together—I was friendly with him; we were fellow-clerks—we were going down the street when we talked about stamps—the conversation was not about Government stamps; they were never mentioned—I examined the stamps he had and picked out one of each; they were Brazilian—the prisoner walked down towards the end of Villiers Street—I knew there was a stamp dealer's down there—you can go from there by the District Railway Station into Northumberland Avenue—going up Northumberland Avenue and turning to the right you come into the Strand, and there are plenty of stamp dealers there—I have never seen a stamp dealer's in Northumberland Avenue; I have never looked for one—I was first spoken to about giving evidence in this case after my holidays, about June 17th or 18th, after the prisoner's arrest—he said he was going to sell them, and after lunch that day he told us he had sold them—he said he had got 1s. 6d. for the lot—I cannot remember that he said they were not worth more than that—I first had occasion to recall these words in June; I had forgotten the incident.
Re-examined. I have no note or entry to enable me to fix the date—going down Villiers Street, if I wanted to go to the Admiralty, I should turn off half way down and go through the archway under Charing Cross Station and across Craven Street; that would be the shortest cut into Northumberland Avenue—you would not want to go to the bottom of Villiers Street or to Clapham Junction or any other place.
FRANK MOORE . I am a stamp dealer at 3, Villiers Street, which is opposite Charing Cross underground station, at the bottom of the street—I know the prisoner—I first met him in January at my shop—I can fix the date from a note I have in my pocket; I had it at Bow Street, and I got it from my ledger—I have my ledger here—it was January 7th, I think—he brought in a few foreign stamps to sell me and I gave him 1s. or 2s., I cannot say exactly—they were some Malta, and I believe some Java stamps—no others that I know of—there were about fifty stamps and several varieties—after I had bought them he asked me about unused Government parcels, and wanted to know if they were of any value—I said they were—he said he had got a strip of four 1s. ones for sale—I offered him 10s. for them—he said he would accept it and bring the stamps in the evening—he brought them in the evening, and I bought them and paid him 10s.—he then said he could get me some more if I would buy them, and I said I would buy all he could bring—I have been engaged in the stamp trade just about a year—I did not know these stamps were never issued to the public—I said I would take all he could get, because I found I could get £1 each for those he sold me; I was doing good business by it; it does not
often come—I asked the prisoner where he got them from—he said a friend of his was in one of the Government offices and had a large number of parcels to post and he saved the stamps and substituted ordinary stamps which he bought at a post office—I next saw the prisoner on January 13th, when he came in and passed me some stamps done up in a newspaper, and said it was a large lot, and asked me to look through them, and he would call for the money later on—I open my shop between 10 and 10.15; on the 13th I opened it at 10, and the prisoner came in about a minute afterwards—he was waiting outside—I let myself in; I do not keep a clerk or a boy—another customer, Alfred Lamb, was also waiting outside, and he came in first and was in the shop when the prisoner came in—I opened the parcel and showed Lamb the stamps, which were Government parcels, and said, "This is what he has just sold me"—I think there were half a sheet of 1d., about 130:120 2d., 20 1s., 40 or 80 6d., and 10 9d.—I had been making enquiries about the value of the stamps, and had heard they were very scarce; that was why they fetched such a large price—it did not occur to me to ask what the prisoner did for his living; it was not my business—I gave him £7 10s., double the face value, for the stamps when he came in the evening—the stamps were not separate but in sheets—I had a market ready for the stamps—two days later, on the 15th, the prisoner came again at 7 p.m., and brought me a small quantity of stamps for which I paid him £3 5s., double the face value—the following week, about the 22nd, he sold me an entire sheet of 240 1d. stamps, and I paid him double the face value; £2—I had got a market for them—I sold them to Mr. Healy for £6 15s., I think—he is a stamp dealer in the city—Exhibit No. 3 is half the sheet I bought from the prisoner and sold to Healy; I put a pencil mark in the margin at the time—on the prisoner's third visit, about January 22nd, I said, "Can you get me any more 1s. Government parcels"—he said, "We have run out of them at present, but we shall have some more in in about three weeks, but they may be King's heads, not Queen's"—I never asked him his name—on January 30th. I bought from him 120 2d. Queen's head unused Government parcels, and paid him £5—I have notes which are the result of searching my ledger and comparison of dates with Mr. Field to whom I sold stamps—my ledger entry is simply money paid out and money received; there is nothing in my books to indicate the person who was there, but merely the amount—looking at the amount I have to say from recollection who the person was—I first saw Sergeant Ward in connection with the inquiry as to Government stamps about February 1st, two days after the prisoner's last visit to my shop—I gave him a description of persons who had sold me Government stamps—I had bought Government stamps from other persons—I gave him a description of Richards first of all—I gave him a description of the prisoner; I cannot say if it was at the same time or afterwards—I knew that for some time after I gave the description Ward was keeping watch on my shop to see if he came there—I undertook to let Ward know if he came—the prisoner did not come until May 16th, about mid-day, when he said the stamps had been missed from the office, and he had been wanting to come in for some time, but did not care to—I recognised
him at once as the person with whom I Lad had dealings in January—he said there had been a row at the office; the stamps had been missed, but the heads of the department said they could not have been stolen as they were of no value to anybody, and they had therefore struck them off the books as having been lost—I said, "It was a good job you did not come because the police were after you"—he said he was very glad I had not given Mm away over it and that in a few weeks he would be able to get some more of them and let me have them at face value—he said he was so miserably paid that his conscience was quite clear upon the matter—I did not see him after that at my shop or have any more stamps from him—I told Ward of my interview with the prisoner the next day—I was asked to go to the Registrar's Office at the Admiralty Works Department about a fortnight before the prisoner's arrest on June 9th—I went through all the rooms there with Ward and looked at the persons working there—I recognised the prisoner there—I did not tell anyone I recognised him; I was asked if I did, and I said "No," because I did not want to give him away—on June 9th I made a communication to Ward which had reference to the prisoner—Ward then took me again to the Admiralty and into a room where the prisoner was—Ward said to the prisoner, "Do you know this man?" and the prisoner at first said "No," and then, "Oh! yes, I saw him last week round here"—then Ward said to me, "Is this the man who sold you the stamps?"—I said "Yes"—that was before the prisoner's arrest; he was at work—Ward did not tell me my position was an unfortunate one; he said it was a serious thing dealing with the stamps, but if I gave all information there would be no trouble for any of us—I inferred that if I did not give the information there would be trouble—Ward had had other information about the prisoner, and I gave him information that morning—I did not know the prisoner's name until I got to the Admiralty—I had given a description of him; I did not know if Ward had taken it down.
Cross-examined. I have a fairly good memory—I am not very clear about these dates—I consulted another person about them before the prisoner, was arrested—my evidence about the dates when the prisoner visited me is the result of conversation with a third person and reference to my ledger, my ledger was not enough—I cannot say whether the prisoner came to my shop on January 30th—I have been in the stamp business about a year, or it might be fifteen months—I had been a stamp collector before that, since I was seven years old—I am now about twenty-lour—I did not know the value of these Government parcel stamps when the prisoner first spoke to me about them—I saw no stamp guides till I started dealing—I started dealing without inquiring into the value of any stamps—I know stamp guide? are published which contain the prices and values of various stamps—I purchased a guide as soon as I started dealing and read it—it simply said that Stanley Gibbons, the publisher of the guide, did not deal in Government parcel stamps, and gave no further information about them—I inferred nothing from the fact that the largest dealers would have nothing to do with them—I was twenty-three then—when I made inquiries I knew they were worth more than
their face value—I had not purchased any before I made inquiries—I said I would buy them, and I immediately made inquiries and bought them in the evening—I was told then I could get 15s. for them—I did not think anything about the leading firm not having anything to do with them; I saw they dealt in some official stamps and not in others—I think the prisoner first came to my shop on January 7th—I can swear to it if I can look at my notes, not without—I made these notes before I went to see Mr. Highmore at Somerset House, after Ward arrested the man—I saw Mr. Highmore about the middle of February, I cannot say the date—I have never before been to see a solicitor about a matter of criminal prosecution—the date did not impress itself on my mind, the incident did—by my ledger it was February 7th when the prisoner first came to my shop—the whole entry in my ledger is, "Received £3 17s. 6d.; paid out 17s.," there is no entry about the stamps having been received from the prisoner—it is from that entry and written evidence of another dealer to whom I sold them, which I have seen, that I say the prisoner visited my shop then—there is nothing in the ledger to show that I purchased any stamps from the prisoner—the fact that I paid out £3 17s. shows that on January 7th I purchased stamps—I do not pay out for anything else—I have my rent and advertisements to pay for—if I paid 17s. 6d. for advertisements I should enter it as advertisements, but buying stamps are shop purchases, and I do not put "stamps" against them—I can show entries with "advertisements" against them—the prisoner next came on January 13th; my ledger entry is "Received £7 15s. 1d. and paid out £31 15s. 10d. for the week"—I have entered these at the end of the week, the expenditure for the week—in my day book the entry is, "Paid out £4 17s, 6d."; £3 5s. was for stamps and £1 12s. 6d. for collections; against the £1 12s. 6d. there is" collections "; there is nothing against the £3 5s—I have a note in my pocket made afterwards as to what stamps I purchased that day—I can tell from memory that there were twenty 1s. ones—the subsequent entries are in a similar form to those I have just read, just giving the totals for the day—I am quite clear that I purchased from the same person who sold me those stamps, twenty-four 1s. stamps altogether between January 7th and 30th—in January I was only dealing in Government stamps with one person—I began to deal with a second person on February 2nd or 3rd—I am sure of that—those did not include Government parcel stamps; they were Office of Works official stamps—Sergeant Ward called on me on February 1st about Government parcel stamps—I swear he did not come to inquire about Office of Works stamps—I do not know that the only inquiries that were being made at that time were about stamps supposed to be missing from Somerset House—they thought they might have come from Somerset House—I did not hear that these stamps were not missed till February 10th—I do not know when they were supposed to have been stolen—when Ward called on February 1st the inquiry was about parcel stamps—I do not know that it was not discovered till February 10th that the parcel stamps were missing—I am certain that on February 1st I was being asked by the detective about Government parcel stamps; I
was told they were stolen—two days after another man came to me with Government stamps over printed Office of Works—it did not strike me as singular—he came four times—I paid on an average £10 a set and got from 12 to 15 guineas—Stanley Gibbons put in their catalogue that those stamps were allowed to be bought, and I did not think there was anything wrong about them—I did not ask the man who sold them where he got them from, I did not think it was necessary—I saw they were catalogued and allowed to be sold—I saw Ward three or four times, and whether I gave him a description of a man the first or fourth time I cannot say—he told me I had purchased some and I admitted it—he asked me from whom I had purchased them, and I told him from a young chap; I did not tell him the name because I did not know it—I do not think I gave him a description of him at the time—the sergeant was satisfied; he said, "When is he coming again"—he did not want a description at that time—the first person I gave a description of to Ward was young Richards—he did not call till two days after the sergeant called—he had not sold me any Government parcel stamps—I did not give Ward a description of a man as selling me Government parcel stamps who had not sold me any—I first saw Richards on either February 1st or 2nd, and I saw Ward about February 1st; it may have been before or after I saw Richards—I did not give Ward, a description the first time I saw him, he was in and out of my office three or four days—I did not give a description of Richards immediately he came to deal with me—Ward was coming in and out for a fortnight, and Richards was coming in and out of my shop for more than a fortnight after that time—I cannot form any idea when Ward first inquired of me about stamps other than Government parcel stamps—I think I was dealing in stamps with Richards down till April, all Office of Works stamps—I asked him where he got them from, and he said he got the damaged stamps from a friend of his, and they were put on parcels in substitution for good stamps which he kept—I think altogether I purchased from Richards five sets and three odd ones, 3 go to a set—I did not refer stamps supplied to me by Richards to Healey—I do not know that he was supplying Healey at this time, I swear it—I did not know they were dealing with hundreds of these over-printed stamps till Richards was arrested—I continued to see Richards and have conversations with him about the police, although I thought I could deal with these stamps legitimately—he told me his name was Richards—I gave a description of him to Ward because Ward inquired about some others which Richards had in his possession—I gave that description before I gave any description of the prisoner—Ward told me the stamps must have been improperly come by, and I still went on dealing with Richards in Office of Works stamps—Mr. Lamb lives at Ealing, and is manager of the Shaftesbury Theatre; he is a stamp collector—he was at my shop on January 15th, at the same time as the prisoner—I did not say a word about that at the police court because I did not know Lamb's address, he was only a casual customer—I have known him since—that was eight months ago—I have not seen him regularly since; I have seen him several times—he has been away touring—between January and
June I saw him probably a dozen times—Ward told me it would be a good thing for me if I told him all about this stamp business—Ward told me I had been improperly dealing with these stamps—I am a fairly honest man.
Re-examined. I think I had four transactions with Henry Richards; they were in Office of Works stamps—some of the Government parcels stamps which I bought from the prisoner I sold to Healey; those have been produced to-day and I identified them—I know Healey wrote to. Somerset House.
ALFRED MUSGRAVE LAMB . I am a theatrical manager, employed at the Shaftesbury Theatre, and living at 43, Bradley Gardens, Ealing—I collect stamps as an amateur; I am not in any way a stamp dealer—one morning in January this year, between 9.30 and 10, I went to Mr. Moore's shop at the bottom of Villiers Street, and found it shut—I waited a few minutes, because he generally came about 9.30 or 10—while I was waiting I saw the prisoner go and try the door as if to get in; he could not get in—I have no difficulty in identifying him—a few minutes after Moore arrived and opened the shop, and I followed him in—the prisoner followed me in a few seconds afterwards—he looked round the shop, saw me there, took a parcel from under his arm or out of his pocket, and handed it to Mr. Moore—he made some casual remark about calling in later to see him about it and then went away—after he had gone Moore opened the parcel and looked at it, and then held it open and showed me its contents, which were over-printed Government parcel stamps—I saw two different values—I only knew Moore at that time by having bought things from him—I had known him some time and had several transactions with him—I did not buy any of those stamps—I came to this Court this week when it was thought this case-was likely to come on, as a matter of curiosity, as a stamp collector, to hear the case—I had read about it in the newspaper—I was in the body of the Court, and I recognised the prisoner and Henry Richards, who were in the well of the Court, mixed with other people—I recognised the prisoner at once as the man I had seen in January—I had seen Richards in Moore's shop twice.
Cross-examined. My business is a few minutes' walk from Villiers Street—I know Moore well, I see him every day when I am in London—I went away on July 2nd for a two month's holiday; and have only just got home—from January to July 2nd I was in London, seeing Moore every day, except on Sundays, in his shop—as I come out of Charing. Cross Station I generally go into his shop to ask him if he has anything fresh to show me—we are only friendly in a business way—I had heard in April or May that enquiries were being made about Government stamps—I knew Richards was arrested on May 16th, but I did not know his name—I knew in June that Moore was at the police court as a witness, and I read some lengthy reports in the papers—it occurred to me, having read those reports, that I had been in Moore's shop in January and seen a man hand over some of these stamps—I did not go and give information about it because it had nothing to do with, me—I mentioned to Moore
when I returned from my holiday that I remembered this man coming—I went in July—I discussed the matter with him, and told him I should not have had anything to do with it if I had been him—I said nothing to him in June, it had nothing to do with me—I did not read the evidence Moore gave—I gave the advice to Moore to have nothing to do with the stamps at the time he showed them to me—I thought it was improper to deal with them, and I told Moore it was a very risky proceeding—I never went to Bow Street, I was not called—I walked down here with Moore from quite idle curiosity—Moore did not tell me he was in such a position that unless some one corroborated his testimony he could not be believed, and there would be no case—I did not recognise the prisoner in Moore's presence—nobody was with me—I did not point him out to anybody—Ward asked me to go to a solicitor and give a statement—I was introduced to Ward by Moore outside this Court yesterday—we did not discuss the case—I simply came down to watch the case as a stamp collector—we said nothing about it—Ward said to me, "I want you to see if you can identify a person," and I identified two persons—when I saw the prisoner at the shop he had a little light moustache, and was not wearing glasses; I swear that—Richards was not wearing glasses—I am alluding to the elder Richards—this is the first time I made a statement and gave evidence—I saw the prisoner nine months afterwards and recognised him quite easily, the same as I do Richards—seeing what the stamps were I advised Moore that he had better not have anything to do with them; he asked me to buy some.
ALFRED WARD . (Detective Sergeant.) I was instructed to make enquiries with regard to Government parcel stamps, and other stamps, by Mr. Highmore—I knew Mr. Healey had made a communication to Somerset House—I first went to Moore's shop on February 16th, and got certain information from him, and as a result of that I kept and caused observation on his shop, but no one I wanted came there—the first time I saw Moore he gave this description of two men in connection with Government parcel stamps, which I took down in writing, and can produce if anybody wants it—the two men I was looking for were quite distinct men—later on in June I arrested one of them, Henry Richards—having kept observation and being in communication with Moore after I got the description from him, I took him one day to the Admiralty and he had an opportunity of seeing the clerks, but there was no identification, so far as Moore said—he subsequently made a statement to me, and, as the result of it, I went to the Admiralty Works Department again with Moore on June 9th—the prisoner was sent for—I said, "I am a police officer, do you know this gentleman?" pointing to Moore—the prisoner said, "Yes"—I said, "He," meaning Moore," tells me you sold him in February last a quantity of overprinted Government parcel stamps"—he said, "It is absurd"—I said, "About that time there was a large quantity of this kind of stamps stolen from the office where you were employed, and I shall take you into custody on a charge of stealing them"—he said, "It is ridiculous"—
I took him to Bow Street Police Station—he made no further statement—at the time of his arrest Harry Richards was already in custody—there is no stamp shop other than Moore's in Villiers Street.
Cross-examined. When I went to Moore's shop on the first occasion I was making enquiries about Government parcel stamps at Somerset House—there was no complaint about the Admiralty—Moore gave me a description of two men the first time I went to his shop, and I take it from the date he gave it was the 16th—I have been there so many times I cannot be sure of it—one man he said sold him Government parcel stamps, and the other was a man who told him that morning that I was coming to his shop to make enquiries about those stamps—he gave both descriptions at the same time, at the same interview, I am positive—I was often at his shop for a fortnight—I used to go there and keep observation—I did not tell Moore when I was going, but I went at what I thought was the best time—I first went to the Admiralty a week before the 9th, for the purpose of Moore identifying some one if he could—I saw the prisoner there—Moore afterwards told me he identified no one.
The prisoner, in his defence on oath, said that he had never stolen or had in his possession any over-printed stamps other than for the purpose of his duties, or any official stamps; that he knew nothing of Moore's shop; that the first occasion he saw Moore was when he came to the Admiralty; that he had tried to sell Brazilian stamps, but was told by dealers that they were of no value and he threw them away; and that the only stamps he showed Mr. Brown were the Brazilian and some Malta and Java ones from which Mr. Brown selected.
NOT GUILTY . The Jury considered that Moore ought to have been in the dock as a receiver.
NOT GUILTY .
NOT GUILTY .
OLD COURT.—Saturday, September 12th, 1903.
Before Mr. Justice Ridley.
MR. GILL., for the prosecution, offered no evidence.
NOT GUILTY .—She then
PLEADED GUILTY . to concealing the birth of the said child.
She received a good character. Three months' hard labour.
MR. METCALFE. Prosecuted,
The prisoner stated in the hearing of the Jury that he was
GUILTY . of unlawfully wounding upon which they found that verdict. Twelve months' hard labour.
PRESTON THORNE . At the end of July I was an able seaman on board the Scottish Prince—on July Nth I was at the wheel—I asked the prisoner, a Mexican, to relieve me while I went forward—he said "No"—I said, "You Mexican b----, can't you relieve me while I go to pump ship?"—I was relieved by George, a Greek seaman, and went forward—when I came from the w. c. to go to the wheel the prisoner said, "You are humbugging me all the time"—I said, "No, I won't talk to you now, I will talk to you when I come from the wheel at 8 o'clock"—he said, "I won't talk to you at 8 o'clock, I will talk to you now," and stabbed me with a sheaf knife, similar to this, in my back, on the left side, just below my ribs—as he made a second attempt I ran towards the forecastle—the mate came off the bridge and took the knife away—the wound was temporarily dressed, and I was left at Algiers—the ship was bound from Alexandria to London—I was sent home on July 30th—the wound is well now.
Cross-examined. I never called the prisoner a bastard—I made a statement at the Sailors' Home—the detective read it to me and I signed it as being correct—sailors always carry a knife—the prisoner would know it—mine was in my sheaf on me and not in my hand—I did not challenge him to fight—there was a quarrel, but no fight.
Re-examined. I was forward about two minutes—the quarrel was fifteen or twenty days before this and before we got to Alexandria.
ALEXANDER COMBRIS . I am an able seaman on board the Scottish Prince—on July 17th I was on the fore deck—Thorne was at the wheel, and wanted Jose to relieve him—Jose would not—Thorne said, "Why did you not come and relieve me?"—the prisoner said "No, you make so much trouble with me"—Thorne said, "We will see about that at 8 o'clock"—the prisoner said, "You son of a bitch, we will see about it now," and struck him in his side with a knife—he drew a knife a second time—I told him to put it up—the mate came and took it from him—I should have seen a knife in Thorne's hand if he had one.
Cross-examined. I come from Jamaica—Thorne comes from Barbadoes—sailors carry a knife, but on that evening Thorne's knife was in the forecastle—the time was 7.30—we usually leave the knife in the forecastle during the dog-watch—I saw Thorne's knife there.
ERNEST HOSPEDALES . I am an ordinary seaman, and was on board the Scottish Prince—on July 17th Thorne asked the prisoner why he did not relieve him at the wheel—the prisoner said, "Because you always quarrel with me"—Thorne said, "We will see after this at 8 o'clock"—the prisoner said, "No, we will see after it now," and struck him with his knife in his side—Thorne went forward—the officer took the knife away.
Cross-examined. I come from Trinidad—I was sitting on the port side of the hatch—Thorne had no knife, but he went forward and took his knife.
WILLIAM McCORMICK . I am chief officer of the Scottish Prince—she is registered as a British ship—on July 17th we were on the way home, and near Algeria on the high seas—about 7.30 p.m. I received a communication and went on deck and took this knife from the prisoner—eventually I gave it to the police—blood was running down Thorne's trouser legs on to the deck—I asked the prisoner why he did it—he said, "I stabbed him because he punched me all the time"—I dressed the wound temporarily and sent Thorne ashore at Algiers to the British hospital—an entry was made in the official log which I signed—it is not here.
Cross-examined. The prisoner was the only Mexican on board—I knew of no bad feeling between them—no complaint was made to me.
THOMAS HILLS . (Thames Police Inspector.) About 7 p.m., in July 27th, in consequence of information, I went on board the Scottish Prince in the Milwall Dock—I told the prisoner I was a police officer—what I said was interpreted by the steward—he said in broken English, "Yes"—I said, "I shall take you into custody for attempting to murder one Preston Thorne"—he said, "Yes, I stabbed him because he treated me bad"—the chief officer handed me this knife—I attended Brixton prison with Mr. Rosenberg, an interpreter, on August 14th, and served the prisoner with a notice of additional evidence, when he made this statement, which was signed in my presence—he said he could not write—I said, "You wrote your name at the police station"—Read: "I never struck anybody from behind. Whenever I had a fight with anybody I always faced Mm even if I fight with my hands, or if I fight with a knife or revolver I always would face anybody. He (Thorne) always treated me bad. I said to Thorne, 'You have always treated me bad, you take your knife in your hand, and I take my knife in my hand, and we will settle that.' When he came from the w. c. he looked at me with contempt, and said, 'You f----bastard.' I then called him a son of a bitch, and at that moment I stabbed him, and he ran towards the forecastle. The ship's carpenter knows he has beaten and struck me when we were in the port at Alexandria. The carpenter said he would be a witness for me. I should like, as I am a foreigner, and cannot speak English, to have someone to speak for me at my trial. My witnesses I mentioned at the Police Court, Pedro Georgio, and an Italian I do not know by name, did not see me stab Thorne, as they were not present. They can only say how I have been ill-treated by Thorne."
ALEXANDER McHATTIE . (Thames Police Inspector.) On July 27th the prisoner was brought to the police station and charged with attempted murder—before he was charged he said in English: "He punched me and kicked me at the wheel every day; this day he took his knife in his hand and said, 'Mexican no good, I will kill you '; I took my knife and gave him one; he ran away quick" into the galley and put his knife in to his belt; I keep my knife in my hand: then the mate come and say,
Give me your knife,' and I give him my knife"—he made no reply to the charge—I took the statement down at the time.
EDWARD ROSENBERG . On August 14th I went to Brixton prison with Inspector Hills, when notice of additional evidence was served on the prisoner—he made a statement which he signed, and which was interpreted by me as he said it, after I had read over the evidence Thorne had given.
The prisoner, in his defence on oath, through the interpreter, repeated the above statement.
GUILTY. of unlawfully wounding . He had been convicted on April 4th, 1902, of stabbing in the street at Liverpool. Eighteen months' hard labour.
THIRD COURT.—Saturday, September 12th, 1903).
Before Mr. Common Serjeant.
(709). ANTHONY ADAMS (36) , to uttering an order for the payment of £12 10s. with intent to defraud, having been convicted at this Court on March 20th. 1899. Other convictions were proved against him . Three years' penal, servitude. — [Pleaded guilty: See original trial image.]
(711). THOMAS WILLIS (42) , to obtaining a cheque for £2 by false pretences with intent to defraud, having been convicted on April 19th, 1898. at Clerkenwell. Three years' penal servitude. —And [Pleaded guilty: See original trial image.]
(712). AUGUST CHERY (42) , to stealing four rings and other articles, the property of Blanche differ., and to receiving the same knowing they were stolen. Eighteen month' hard labour. (See next case.) [Pleaded guilty: See original trial image.]
713. LOUIS MAHIEU (45) (Indicted with August Chery), Stealing four rings and other articles the property of Blanche Cliffen, and to receiving the same, knowing they were stolen. No evidence was offered.
NOT GUILTY .
MR. HUTTON and MR. JENKINS. Prosecuted.
GUILTY . Five months' hard labour.
MR. JENKINS. Prosecuted.
GUILTY . Six months' hard labour.
FOURTH COURT.—Saturday, September 12th, 1903.
Before J. A. Rentoul, Esq., K.C.
MR. BODKIN. Prosecuted; MR. WARBURTON. and MR. WARDE. Defended.
GUILTY . Fifteen months' hard labour.
OLD COURT.—Monday, September 4th, 1903.
Before Mr. Justice Ridley.
THIRD COURT.—Monday, September 14th, 1903.
Before Mr. Common Serjeant.
(718). PHILIP CLARK (48) , to unlawfully taking Clara Evans, an unmarried girl, under sixteen years old, out of the possession of and against the will of her mother. He received a good character. Six months' hard labour.
MR. MORICE. Prosecuted; MR. GREEN. Defended Silberstein.
CLARA LICHTENSTEIN . (Through an Interpreter.) I am a milliner living with my father and sister—the prisoner Lichtenstein is my sister—about the end of June I gave her £15 to put into the London Provident Savings Bank for me—I told her to open an account for me and bring back a book—she brought back a book with £15 entered in it—she told me afterwards that when I gave her the £15 in three £5 notes to bank, she, having had a watch repaired, had called at the shop of two men named Silberstein for the watch, and asked for the address of the bank, and one of the men asked her "What have you to do with the bank?"; that she said, "I have to take money to the bank for my sister," and the elder Silberstein said, "Show me the money, I have never yet seen bank notes," and she showed it to him, and Philip Silberstein said, "Give me £5 "; that £2 were taken away from her and she took £13 only to the bank, and an alteration in the bank book was made by Silberstein—that she, accompanied by Eva Silberstein had withdrawn the money from the bank, and her brother waited near the bank—this withdrawal receipt was shown me at the bank—both signatures, "Lena Lichtenstein" and "Clara Lichtenstein" are my sister's writing—I never gave her any authority to withdraw any of the £15, nor did I receive any of it.
Cross-examined by MR. GREEN. When I told, my sister to open the account, it was to be in my name—I knew she had to sign my name—
I did not know that whenever I wanted money out of the bank my sister would have to sign my name.
By the COURT. I went to the bank and was told that my sister and another girl had withdrawn my money—I asked her about it, and she then told me all about it—she is a simple girl and easily led—I did not notice the alteration in the book when she brought it back the first time.
ALGERNON LONGCROFT . I am a clerk in the London Provident Savings Bank—on July 23rd Lena Liechtenstein came there—she said something to me, but I do not remember what—I told her on account of the report I had heard, she was to fetch her sister Clara—on June 27th she came with another woman whom I cannot identify, who she said was her sister Clara—I handed this form of receipt to Lena—I told her to write her own name and the name in which she opened the account—she wrote her own name, and also. "Clara Lichtenstein" on the right side of the paper—the other person wrote the other two signatures, "Clara Lichtenstein"—I put my initials to the receipt and in the book—they were then passed on to the cashier for payment of the money.
Cross-examined by MR. GREEN. On July 23rd she came to draw the money out—I have heard that she said that the money belonged to her sister Clara, but I did not hear her say so.
Re-examined. As she said it was her sister's money we naturally wanted to see her sign.
By the COURT. I noticed an alteration in the book on the 23rd, and in consequence I kept the book from the 23rd to the 27th—I cannot say whether I mentioned it to the prisoners at the time, I think I did.
FREDERICK TOZER . (908 City.) On August 4th I was called to 29, Middlesex Street, Silberstein's shop—a lot of people were there—Eva Silberstein was on the doorstep, and a boy—Lena Liehtenstein's brother said, "This girl is wanted on a charge of forgery"—Eva Silberstein said, "It is all lies"—I took her to the station—Lena Lichtenstein followed—both the prisoners were charged with forgery—Lena said, "I wrote the name"—Eva Silberstein was asked if she understood the charge—she said, "Yes"—she made no reply to the charge.
Cross-examined, by MR. GREEN. When I was called to 29. Middlesex Street, Lichtenstein's brother said that he would charge the prisoner Silberstein with" forging for £15 in the bank in Middlesex Street"—Silberstein then said that it was all lies.
Re-examined. They were then charged with forging the receipt for £13.
FREDERICK BAREHAM . (Detective Sergeant.) On August 5th I went with the prisoners from the police station to the police court—on the way Silberstein turned to Lichtenstein and said, "She said to me, 'Come to the Bank, write something.' I go to Bank and write. I do not know. I am a good girl, I am true"—she gave me her correct address, 41, Mansell Street.
Cross-examined by MR. GREEN. Eva Silberstein's statement was made quite voluntarily—I believe she is a respectable girl, and I know nothing against her previous to this charge.
ERNEST WILLIAM HART COX . I am a clerk in the London Provident Institution Savings Bank—I opened the account when the money was first paid in—I remember Lichtenstein coming with another woman about the withdrawal of the amount.
PHILIP SILBERSTEIN . I am a watchmaker, of 41, Mansell Street—the prisoner Eva is my sister and lives in the same house—one night she came and said Lena Lichtenstein had come crying to her and said that she had money in the bank she wanted to take out, and that she had been with Lena to the bank for some money—she did not say she signed the name "Lichtenstein,"—she said she went as a witness.
Cross-examined by Lichtenstein. You left a watch at my brother's shop to be repaired—it was to be 3s. 6d.—you said you had £160 in the bank—another day you brought three £5 notes—you said you were going to pay it into the bank and that would make £175—I asked you to lend me £5—you said you would only lend £2—afterwards I asked you to let me have a £5 note and I would give you the change, keeping £2, and you said no, you would bring the £2 back when you paid the money into the bank—then another day you did lend me £2, and when you had the watch back you paid 1s. 6d. and had 2s. as part of the £2 you had lent.
By the COURT. When I gave her 2s. she gave me a little receipt, as I said, "We shall know how much I give you every week," and she signed her name here—it says, "From Mr. Silberstein the sum of 2s.; balance, £1 18s.; Lena Lichtenstein."
Lena Lichtenstein, in her defence on oath, stated that she took a watch to he repaired to Mr. Silberstein, 29, Middlesex Street, and asked where the, bank was; that he asked her to show him the money she had; that at first she refused; that she ultimately did so; that he then asked her to lend him £5; that she did not want to, but he would not allow her to go until he had got £2; that she returned to the shop crying, and wanted the money back as there was only £13 banked, and, then he said he knew what to do in the matter: that he took the book, kept it about five minutes, and then gave it back and said, "Now you can go home quietly" that when she went to the bank and they told her to fetch her sister, Philip Silberstein sent his sister instead, and that Mr. Silberstein asked her to draw the £13 out.
LENA LICHTENSTEIN, , GUILTY but under intimidation. She received a good character. Discharged on recognisances. EVA SILBERSTEIN, NOT GUILTY .
MR. HUTTON. Prosecuted; MR. LEYCESTER. Defended.
GUILTY . Three months' hard labour.
FOURTH COURT.—Monday, September 14th. 1903.
Before J. A. Rentoul, Esq., K.C.
MR. HUTTON. and MR. BENNETT. appeared for the prosecution; and
MR. BURNIE. defended.
The prosecutor not appearing, MR. HUTTON. offered no evidence.
NOT GUILTY .
MR. HENDERSON. Prosecuted.
ALBERT HARRINGTON . I am a sailor on the Amona—on the early morning of August 15th I was walking down the East India Dock Road in the direction of the Albert Docks—as I was passing Brunswick Road I was knocked down by two men and robbed of six or seven shillings—I identify Cain, not Street—I was knocked about a bit, but not seriously hurt—the marks on my face were probably caused in a fight I had the same night—I was sober.
Cross-examined by Cain. I did not say at the police court that no violence was used.
FREDERICK CHARLES COOK . I am a tram car conductor in the employ of the North Metropolitan Tramway Company, and live at Bromley-by-Bow—on August 13th, shortly after 1 a.m., I was with Johnson in the East India Dock Road—I saw a scuffle, and crossing the road I saw the prosecutor lying upon his back with Cain at his head and Street at his feet—I said, "What is up here?" and Street walked away—Cain said, "It's all right, governor, we are only lifting him up"—the prosecutor then said, "No, they are not, they are robbing me"—I assisted him up, and the prisoners made off towards Canning Town—information was given to two constables on duty, and the prisoners were arrested—I am positive they are the men—I did not lose sight of them.
BECKWITH DEVONPORT JOHNSON . I am a driver in the employ of the North Metropolitan Tramway Company, and live at 47, Spray Road, Bromley-by-Bow—about 1.15 a.m. on August 13th I was with Cook in the East India Dock Road—we noticed a scuffle on the opposite side of the way, and crossed the road—the prosecutor was on the ground—Cain was at his head and Street was between his legs, with each knee on his legs, feeling about at his waist—Cook said, "What's up here?"—Cain replied, "It's all right, we are only picking him up, he is drunk"—the prosecutor then said, "They are robbing me, the scoundrels"—they ran away—I called the police and they were stopped—I never lost sight of them.
WALTER FORD . (379 K.) About 1.15, on August 13th, I was on duty with Hanks in the East India Dock Road, when I was informed by Johnson that a man was being robbed in Brunswick Road—we went there, and on our arrival the two prisoners were walking away in the direction of Canning
Town—when they saw us they commenced to run—we gave chase and I arrested Cain—on the way to the station he said, "I hope they will not bring anything against me; is that the pros. coming up behind?"—at the station the prosecutor identified him—when charged he made no reply—he was searched and 3d. in bronze was found upon him.
EDWARD HANKS . (857 K.) I was with Ford in the East India Dock Road, and Johnson informed me that two men were robbing a man in Brunswick Road—we proceeded there and saw the two prisoners running—I chased Street and arrested him—when charged he made no reply—he was searched and had 11 1/2d. in bronze, and 2s. 6d. in silver in his possession.
Cain's defence. "I deny what the witnesses have said."
CAIN, Four months' hard labour.
STREET, Three months' hard labour.
MR. LEYCESTER. and MR. KERSHAW. Prosecuted.
WILLIAM HAMMETT . I keep the King Edward VI., Islington—on Whit Monday the two prisoners were talking together in my bar—I do not know if they came in together—after a little time Marshall said to me, "I suppose, governor, you would not cash a cheque for me"—I said, "No, I do not care to cash cheques for anybody"—he said, "I wish you would; if the banks were open I would not ask you; I know it is all right, there is plenty of money in the bank, and it is on the landlord of a public house, and the cheque is for meat I have supplied him"—on that representation I cashed this cheque for £3 (Produced)—I knew both men as customers—I presented it at my bank—the cashier made a statement to me and I took it to the Royal British Bank, where it was dishonoured—I met Marshall the next day by chance, and informed him; he seemed surprised—we went to the bank together and the manager told him there were no funds to meet the cheque—Marshall then said he would go to the Carlton Arms, Orchard Street, and see Ellis, and would see me again—I did not see him again for three weeks, by which time I had put the matter in my solicitor's hands—I did not see Ellis again till I saw him at the police court.
GEORGE AUSTIN ADOLPHUS . I am manager of the Goswell Road branch of the Royal British Bank—Ellis had an account there up to March 21st this year—on the 21st £87 10s., all the money to the credit of the account, was paid out by order of the High Court—I produce a certified copy of the account—in it there is a record of a cheque signed by Ellis for £10, presented on April 7th, and returned marked "Refer to drawer"—on June 2nd this cheque for £3 was presented and returned unpaid.
WILLIAM RICHARD STOKES . I am a general shopkeeper at 29, Orchard Street, Islington—some time last September I remember meeting Ellis on a tram car—I knew him, but had not seen him for a number of years—I
told him I was thinking of setting up a little business,—he suggested a beer house, and said he would help me to get one—we went to see Mr. Wilson, a public house broker, in the Liverpool Road, and I eventually purchased the Carlton Arms—the license was taken in Ellis' name—I handed him £280, £105 of which we paid to go in, and an account was opened at the Royal British Bank—a day or two before Christmas he suddenly left me without giving me notice, and I saw no more of him till now—I could not get the license transfered to me and had to close the house—I then stopped payment of cheques at the bank, and obtained an injunction of the High Court, and on March 21st the balance of £87 10s. was paid to me.
Cross-examined by Ellis. Just before Christmas I believe I told you to clear out—we were muddled in drink at the time.
HENRY EDWARD STOCKWELL . I am a clerk in the employ of Messrs. Palmer and Robinson, solicitors, of Hoxton—I am acquainted with the proceedings of Stokes v. Ellis with regard to the money at the Royal British Bank—I produce an advertisement in that action for Ellis—search was made for him, and he could not be found—I produce an office copy of the judgment, also an office copy of the order authorising the bank to pay over the money.
Cross-examined by Ellis. In the action Mr. Stokes swore an affidavit that he did not know where you were.
CHARLES WALTER . (Police. Sergeant.) On June 3rd the prosecutor gave me this cheque for £3—I made enquiries, and on July 16th these proceedings were commenced by summons, which was duly served upon the prisoners—Marshall said, "We had the money; I thought there was some money in the bank, because as far back as March Ellis made out a cheque for £10; I took it to the bank, and they told me there was no money there. I told Ellis about it, and asked him to come to the bank; he said he was too busy"—I did not see Ellis; I served the summons on his wife—both Ellis and Marshall live in the same house.
Ellis' Defence. The debt was incurred by me and Stokes, and I had no idea that the money was drawn from the bank.
Marshall's Defence. I am a butcher, and supplied Ellis at the Carlton Arms with meat to the value of £3; I received the cheque from him in payment. I did not know there was no money in the bank. Before I received the summons I promised to repay the prosecutor with 10s. a week, which he refused.
Evidence for Marshall.
MRS. MARSHALL. I live with my husband at No. 2, Parkfield Street. Islington—the prisoner is my son; he lives with us—he has not been away from the neighbourhood for three weeks—I remember Mr. Hammett—coming to my shop and asking for him—the same evening we went into his public house—we often go there of an evening.
WILLIAM HAMMETT . (Re-examined). It is true that I called at Mrs. Marshall's shop—that was about three weeks after I cashed the cheque—I had not seen her son in the interval—they may have called at my house in the evening, but I did not see them.
GUILTY . ELLIS, One month's hard labour. MARSHALL, Thirteen days' hard labour.
ANSTISS PLEADED GUILTY.
MR. KERSHAW. Prosecuted.
ALFRED NEWTON . (297 T.) On August 15th, at 5 a.m., I was on plain clothes duty in Duke's Avenue, Chiswick, with Thompson—I saw the prisoners hanging about in a suspicious manner, and I kept them under observation—we were watching about twenty minutes—Anstiss went into the gardens of three-private houses in Duke's Avenue, while Gage stayed outside—they were acting together—we then walked towards them—they saw us and ran away—I pursued Anstiss and caught him—I found this screwdriver (Produced) up his sleeve—in his pocket I found this knife (Produced) and a candle and box of matches.
MARK THOMPSON . (645 T.) On August 15th, about 5 a.m., I was on duty with Newton in Duke's Avenue, Chiswick—I saw Anstiss go into, three gardens in Duke's Avenue while Gage waited outside—we watched them for about twenty minutes, and then went towards them—when they saw us they ran away—I caught Gage after a chase of 200 or 300 yards—he was wearing indiarubber shoes—on the way to the station he said, "You will not find anything on me; I never carry anything; I am too old for that game."
Cross-examined by Gage. Nothing was found upon you—you were very violent on the way to the station.
BENJAMIN ALTON . (Detective Sergeant T.) I know Duke's Avenue and Barrogate Road—they are very near to each other—on August 15th, about 9.30 a.m., I went to No. 41, Barrogate Road—I saw property strewn about the house, and marks upon the library window, also on the sill—I compared them with this screwdriver, which I received after the prisoners were arrested, and they corresponded—on the sashes I found a mark corresponding with this knife—on a desk in the library I also found marks corresponding with the screwdriver.
GUILTY . ANSTISS then
PLEADED GUILTY. to a conviction of felony at Clerkenwell on May 26th, 1903, and GAGE to a conviction of felony at Guildhall, Westminster, on July 3rd, 1897. Ten other convictions were proved against GAGE and eleven against ANSTISS. Twelve months' hard labour each.
MR. KERSHAW. Prosecuted.
LEONARD MARTIN . I am a cycle agent at 65, Abbey Road, St. John's Wood—the prisoner hired a bicycle from my shop on August 22nd—it is worth £5—it has never been returned—oil the 27th he came again and said he had met with an accident in the Edgware Road, and had taken it to a friend in Frith Street, Soho—I pointed out that it was nearer
to bring it back to me; he made no reply—I then called the police and gave him into custody.
ARTHUR WATSON . I am an assistant to Mr. Martin—on August 22nd the prisoner called and hired a bicycle—he said he wanted it for two hours, and gave the name of William Munroe, of 79, Bellsize Road—he did not pay anything on deposit—he has hired bicycles from us on several occasions—he did not bring the bicycle back—we made enquiries at Bellsize Road, and were unable to find anything about him.
JOHN ALLEN . (Detective Sergeant.) On August 27th, about 5 p.m., Mr. Martin called me to arrest the prisoner for stealing a bicycle—he said he had met with an accident in the Edgware Road, and felt too queer to return to Mr. Martin, but took it to Frith Street, Soho, and gave it to a man named Arthur—when charged at the station he made no reply—at the police court I heard the prisoner give evidence upon oath, and saw him sign his deposition—(Read) "I am the defendant. I live at 3, Dallion Street, Kennington. Having been out of work for six weeks, and having no lodging and no friends, I did not like to let them know how low down I was. This young man asked me if I would like to earn a shilling or two; I said yes. He said he wanted to borrow a bicycle and to raise money of some friends at Harlesden, as he was in want himself. He asked me if I knew where to borrow one. I knew of Mr. Martin, where I used to hire bicycles, and went to him and got a bicycle and took it to his lodgings in Frith Street He said he was going to Harlesden, and told me to meet him at Chapel Street between six and seven, and he would, give me the bicycle and the money to pay for it and something for myself. I went there, and stopped till seven o'clock and did not see him. I went back to Lyle Street and met him. He said he must have missed me on the road and had got the bicycle at home. I said I should like to take it back at once. He said he wanted to keep it till Sunday afternoon to enable him to see some more friends. I consented to that. I did not see him on the Sunday. On the Monday I went and saw his landlord. He told me the man had gone, bicycle and all. I failed to find him since. I hired the bicycle for two hours. I had known the young man a year. I knew him as Arthur. He said he was a commercial traveller. I did not live with him."
Prisoner's defence: The statement I gave at the police court is a true one.
GUILTY . Six months' hard labour.
MR. METHVEN. Prosecuted.
----MALLISON. I am in the Accountant Generals Department of the General Post Office, and produce Exhibits A, B, C, and D.
FLORENCE GROUT . I am a clerk at Clerkenwell Green Post Office—on August 13th the prisoner handed me this telegram: "Just returned burnt out safe telegraph immediate £5 Arthur Barnes Lawrence, Lambeth Post Office London"—I saw him write it at the counter; it was dispatched.
REV. ASHLEY LAWRENCE BARNES LAWRENCE . I am Vicar of Aberford, Yorkshire—I have a brother, Arthur Evelyn Barnes Lawrence—on August 13th, about 4 p.m., I received this telegram purporting to be signed by my brother—I doubted it and telegraphed to the Metropolitan Police.
Cross-examined by the prisoner. I have never seen you at the House—there are no other servants in the house.
JOHN BEARD . (Detective-Sergeant L.) On August 13th, about 7 p.m., I went to Lambeth Post Office—at 7.45 I saw the prisoner enter the office, and followed him in—he said to one of the clerks, "Have you received a telegraph money order for £5 for Arthur Barnes Lawrence?"—I turned to him and told him I was a police officer and should take him into custody—he said, "This is a fair cop: I am not Lawrence"—he was taken to Kennington Road Station and detained—on him I found a telegram and a book containing writing which he said had reference to a competition in "Pearson's."
KATE STANILAND . I am in the employ of the Post Office at 227, Walworth Road—on July 29th I took in this telegram: "Luckock Deanery Lichfield. Accident motoring to town, wire remittance 175 Walworth Road S.E. From R. Mortimer Luckock"—I cannot recognise the person who handed it in.
ARTHUR MORTIMER LUCKOCK . I live at the Deanery, Lichfield—on July 29th I received a telegram: "Accident motoring to town, wire remittance 175 Walworth Road S.E. R. Mortimer Luckock"—I have a brother of that name, and I thought it came from him—I sent £3, and telegraphed "227, Walworth Road. Arthur M. Luckock pays £3 for Russell M. Luckock, 175, Walworth Road."
FREDERICK WILLIAM LEWIS . I am a newsagent of 175, Walworth Road—on July 29th a boy brought Exhibit G to me: "Please keep any letter or telegram for R. Luckock"—the same afternoon a telegram came addressed "Luckock," and shortly afterwards a boy brought a note to me and I gave him the telegram—I received a penny for taking it in.
EMILY WHITE . I am a Post Office clerk at 19, Borough High Street—on July 29th I was engaged at the Walworth Road Post Office, and Exhibit C, a money order for the payment of £3, was given to me to pay—I cannot, recollect whether it was signed in my presence—on August 14th I was, taken to Kennington Road Police Station and asked to identify the man who presented it from about ten others—I identified the prisoner.
GUILTY . Eighteen months' hard labour.
MR. PICKERSGILL. Prosecuted.
FREDERICK TAYLOR . I am a shoe manufacturer of 192, Brook Road, Clapton—on August 31st, about 0.30 p.m., I went into the urinal in Essex Road. Islington—just as I got inside, the prisoner made a running kick at me in the privates, and at the same time snatched away my watch and chain—the kick caught me on my thigh—I pursued him—he saw that I was overtaking him, and threw the watch and chain in my face—I took no notice of that, but caught him—he threw himself on the ground and continued to kick me about my legs, but I held him till the police arrived—the kicks were not serious—I have recovered the watch and part of the chain—I do not know the value of the watch; the chain is worth £20—he appeared to be perfectly sober.
Cross-examined by the prisoner. I do not remember you asking me to show my marks to the inspector at the station.
HENRY WILSON . I am an engineer of 14, Little Payne Street, Copenhagen Street—on August 31st I went into the urinal in Essex Road, the prosecutor following me—on coming out the prisoner pushed me aside and rushed at the prosecutor and snatched his watch and chain—the prosecutor ran after him, and he threw the watch and chain in his face—I picked it up—when he was caught he started kicking and punching the prosecutor.
WILLIAM PEPPER . (30 N.R.) At 6.30 p.m. on August 31st, I was on duty in the Essex Road and saw the prisoner detained by the prosecutor who gave him into custody for stealing his watch and chain—when formally charged at the station he said, "I am finished"—he was quite sober—Wilson handed me the watch and chain.
The prisoner's statement before the Magistrate: "I am very sorry; I have no recollection; I had too much beer." He received an excellent character.,
GUILTY . Three months' hard labour.
MR. SANDS. Prosecuted.
ANNIE DALY . I am the wife of Thomas Daly; we live at 13, St. Leonards Avenue, Bromley-by-Bow—on the afternoon of August 3rd I was in the Bricklayers' Arms, Union Street—the prisoner came in and offered me a glass of ale, which I refused to take—she called me bad names, and I called her bad names, and eventually we had a fight—I don't think either of us got the better of it—I then went to her house and broke a window—she lives two or three minutes walk from the public house—on my way back to the public house I met her—she rushed at me and we had another fight—I fell, and she bit the loop of my ear off.
CATHERINE LYONS . I am the wife of John Lyons, of 15, Providence Place, Poplar—on August 3rd I was with Mrs. Daly in the Bricklayers' Arms—the prisoner and several other women were also there—she offered Mrs. Daly a glass of ale, but Mrs. Daly refused to drink it—she offered it to me and I took it—both women then began to use bad language,
and afterwards went outside and fought—I then went away—about three hours afterwards I saw Mrs. Daly again by St. Leonards Road—we walked along together a little way when we met the prisoner—both women ran at each other and began to fight—Mrs. Daly was knocked down, and the prisoner got on top of her—when she got up her ear was off.
Cross-examined by the prisoner. You were in the public house before Mrs. Daly went in—you seemed to be the worse for drink.
RICHARD WEDDEN . (Detective K.) On August 3rd, about 6 p.m., the prosecutrix came to the station and made a complaint, in consequence of which I arrested the prisoner—I told her I should arrest her for maliciously wounding Annie Daly by biting off a portion of her ear—she said, "I know nothing about it, she came down and broke my windows"—I found the piece of the ear and gave it to the doctor.
HENRY JOSEPH O'BRIEN . (Divisional Surgeon K.) I practise at 96 East India Dock Road—I saw the prosecutrix on the evening of August 3rd—a considerable portion of her ear was removed, and she had a severe wound on her wrist—this is the piece of ear. (Produced)—I should say that it had been removed by human teeth—Mrs. Daly is permanently disfigured, and her hearing is impaired.
GUILTY .— Discharged on her own recognisances.
MR. HUTTON. Prosecuted.
GUILTY .— Twelve months' hard labour.
OLD COURT.—Tuesday, September 15th, 1903
Before Mr. Justice Ridley.
MR. MURPHY. Prosecuted.
GUILTY .— Ten years' penal servitude.
MR. J. P. GRAIN. Prosecuted.
SHATTOCK, NOT GUILTY . G. DREW, W. DREW, RAINSFORD; SEWARD, and WRIGHT, GUILTY .— Eighteen month' hard labour each.
KIDDLE, GUILTY .— Three years' penal servitude.
NEW COURT.—Tuesday and Wednesday, September 15th and 16th, 1903.
Before Mr. Recorder.
732. HENRY HUGH JAQUES (32) , Stealing a Japanese silk blouse and other goods, the property of Charles Ash Body, and others, DEBORAH LEACH (40), and BEATRICE GURNEY (24), aiding and abetting him to commit the offence, and receiving the same.
GURNEY and LEACH pleaded
GUILTY. to receiving.
MR. MUIR. and MR. LEYCESTER. Prosecuted.
GEORGE SHARP . (City Policeman.) I have prepared these plans and tracings produced, of the prosecutor's premises—they are correct to scale—no person unaccustomed to the premises could find their way, especially to the basement, without a knowledge of the staircases and the bolts and doors."
CHARLES ASH BODY . I am a wholesale lace merchant, with others, as Higgins, Eagle, and Company, at Nos. 4 and 6, Cannon Street, with entrances in Distaff Lane and in Old Change—we deal in feathers and blouses—about thirty assistants and apprentices and six or seven domestic servants live on the top floor—the prisoner Jaques, since November, 1902, was our trusted confidential servant and house steward—he had charge of the whole of the premises, to cater for 160 employees during the day, and to safeguard the premises—he was engaged at a salary of £120 a year, with an opportunity of rising to £200, with everything found—he had no right to have women to visit him in his rooms—I had no knowledge of his doing so—I took every means of securing a person in whom we could have confidence, as there is about £100,000 worth of property on the premises—he necessarily had the custody of the keys in case of fire or water, and for the purpose of forwarding letters to the young men on holidays, but otherwise he had no authority to lock or unlock the doors of the warehouse—the door in Old Change was locked by the packer, whose duty it was to unlock it in the morning—if that door was found unlocked it would be reported—no report was made till the police called—it was his duty to lock the doors between the warehouse and the private part of the premises—he let the packer in about 8 a.m.—on July 11th the detective sergeant made a statement to me, in consequence of which I went with him to Shaftesbury Place, Aldersgate Street, to two houses where the prisoners Leach and Gurney lodged, and saw goods similar to ours—I went back to the office, and after speaking to the officer I rang for Jaques—he answered the bell, and said he wanted lithia water—I said, "Jaques, I want to see you on something of more importance than lithia water; you know you have betrayed our confidence"—he said he did not know how—I said, "You will soon know"—I tapped at the window, and the detective came in and said, "I shall take you into custody, and you will be charged with two women with having stolen the goods of your employer"—he said, "I admit having let a woman in, but I had no idea she took goods out with her"—the police took him off—goods—from four departments have been identified, some from the basement—it is impossible to say how many goods have gone, but complaints have been made by customers for several months of not receiving goods, some of which have come from the feather department, which is in a remote part of the house, and from the basement, where they are packed.
Cross-examined by Jaques. Your credentials were very good—up to
your arrest you carried out your duties in a satisfactory manner—articles of clothing and lace collars were stolen from the second floor near the ladies' lavatory—I do not think goods were lying about the gangways—some collars were close to the front door—goods were covered with sheets and paper at night—goods were shown in different parts of the house—there is a large counter in the straw department; one could select goods there without going to other departments—we have not recovered all the goods—I have not admitted that I did not believe that you knew that the robbery was going on.
AMY BALDACCI . I am married—I lived at 366, City Road—in April and May I assisted the landlady at the Hand and Shears public house in Cloth Fair—Leach came as a customer—she sold me blouses and skirts at different times—I paid 2s. 9d. for one blouse and 3s. and 3s. 6d. each; for skirts, and 5s. for an underskirt—they were new.;
LILY MOON . I am a widow—I manage the Hand and Shears public house in Cloth Fair—I knew Leach about ten weeks before she went to prison—in May I bought from her fourteen" blouses, two underskirts, and some skirts—they were new—they averaged about 3s.; some were 9s., some 3s. 3d., and one 4s. 6d.—she came three or four times—some have been used up.
GEORGE WILLIAM JENKS . I am potman at the Hand and Shears—I bought from the prisoner Leach eleven blouses, four sets of ladies! underclothing, and three lace collars, for 2s., 2s. 6d., and 2s. 9d.—I gave 3s. 3d. for the blouses, and for one 3s. 6d.—I thought I could make something by them by selling them to people coming to the bar—the woman seemed straightforward, and the landlady and the barmaid purchased some—Leach was asked whether they were honestly come by, and she said, "Yes "; she once said that the firm was overstocked; on another occasion she said, "I have them made in large quantities."
LOUISA MIEDER . lily husband keeps the Leather Bottle in Leather Lane—I bought these eight blouses produced from the prisoner Leach—they are new—my husband did not know I bought them—36s. in all I think I paid for them.
ALICE LAMPARD . I am barmaid at the Berwick Arms, Berners Street, Oxford Street—I bought from the prisoner Leach these four blouses for 4s. each, and the two lace collars for 3s. each, at the Leather Bottle.
FREDERIC HUTTON . (City Defective.) On July 9th I was watching outside No. 2, Shaftesbury Place, Aldersgate Street—they are small houses there—about 9.45 p.m. I saw Jaques come out with the prisoner Beatrice Gurney—they got on an omnibus and went to Oxford Street—I' followed them—they returned to Watling Street, and then separated—I followed Jaques through Old-Change, Cannon Street, Distaff Lane, till he went into the private entrance of Higgins, Eagle, and Company—Gurney went straight along Cannon Street, turned into Distaff Lane, and entered the same door within a few seconds—I watched till nine the next morning—I knew of another exit in Old Change—the next evening 1 went into Shaftesbury Place, about 9.15—in about three minutes Jaques came out of. No. 2. and went into the Star public house in Aldersgate
Street—after five minutes Gurney joined him—they remained three minutes, then walked from Aldersgate Street to St. Paul's Churchyard, took an omnibus to Charing Cross, and returned the same way—I have not seen Gurney do any work for six months—she is married—her husband was sentenced—J followed them through Old Change, Knightrider Street, and till they entered the prosecutor's premises at 10.25 p.m.—I watched the door till the morning—I did not see anybody leave.
Cross-examined. You had no parcel—I did not see Gurney go away.
THOMAS DOUSE . (Ex City Detective.) On July 11th I searched Leach's lodgings at 27. Shaftesbury Place—I found these six blouses, a pair of drawers, and a chemise—I searched 2. Shaftesbury Place, and found two feathers and two blouses.
WILLIAM SARGANT . (City Detective Sergeant.) I saw Leach in custody when I came in charge of this case—she made a statement—I then went to Aldersgate Street—I arrested. Gurney as she was going in to a public house—I took her to the station—she made statements, to me—the same day, the 11th, I saw Jaques at the "prosecutor's office, and in his presence said to him, "You will be charged with being concerned with two women now in custody in stealing four blouses and two collars, the property of your masters, Messrs. Higgins, Eagle and Co."—he said, "I did not know the woman I have been having in here was taking any goods out"—he was then taken to the station with the others and charged—he said" he knew nothing about it.
by Cross-examined. Gurney made a statement, which was read at the Mansion. House, but not here.
ALEXANDER JAMES SMITH . I managed the Returns Department of the prosecutor's business—part of my duty was to investigate the complaints of customers—recently complaints have been more than usual—I identify this Japanese silk blouse as my masters' property—about June 9th we had an order from our Leeds branch for blouses and other things—each blouse is packed separately in a box and put in the basement for dispatch—complaints were made from Leeds that the boxes arrived empty—this silk blouse is similar to ours.
Cross-examined. The busy season, lasts from February to June—we get more complaints then.
REGINALD CHARLES LEGGE . I am an assistant in the blouse department—in June I had instructions to pack goods for our Leeds branch—amongst them was this blouse—I took the goods from the stack and set them aside for packing—I can positively identify this blouse—I gave it to the porter to be packed—the goods were taken to the basement, to, be sent off in the morning—a box was examined, and was full when it Left the department; it was not examined again in the basement, but would be sent off—it could not have been stolen from my department, but from the basement.
Cross-examined by Jaques. We send the goods down the day they
are bought, unless the order is not completed and we are waiting a customer's instructions—I am sure this blouse was packed in the box—I heard you leave for post duty at seven o'clock every morning.
HERBERT GEORGE GILBERT . I am in the prosecutor's service at their Leeds branch—on June 9th I ordered from the head warehouse, among other goods, a white blouse—I was present when the box was opened and found empty on the arrival of the goods on June 13th.
JAMES DUNCAN . I am blouse buyer to the prosecutors—I have seen the blouses, feathers, and other goods produced and those found by the police—they are the property of the firm—the prices of the blouses vary from 5s. to 20s. wholesale—this is one of the least expensive, and is 4s. 11d—you could not buy any of them retail for 4s. honestly—the lace collars are from 5s. to 8s. each—they are manufactured in Germany—the English make are not of this kind—some are made up in England.
EMMA HARRIET FREEMAN . I am the wife of Percy John Freeman, of 2, Shaftesbury Place, on the first floor—the prisoner Gurney lived in the floor above, about three years with her father and mother till she died twelve months ago, and then for six months was alone—I have seen Jaques call with brown paper parcels—Gurney and I have quarrelled and not spoken, but I knew when Jaques called by his giving three knocks—the prisoner Leach made her home there in the day, but lived at No. 27—Leach went down after Jaques came—I have only seen Leach bring parcels from her residence.
Cross-examined. You and Gurney were alone, Leach having come down—I saw three or four parcels—they were small—I was not interested—I have simply said good morning or passed the time of day, and that is all I knew.
Re-examined. Sometimes Leach stayed, but not very long.
Jaques, in his defence on oath, denied all knowledge of the robbery, but admitted letting Gurney in at night at the private entrance, and allowing her to wait in the lavatory or the warehouse from 6 a.m. to 7.15 before he could safely let her out at the warehouse door; but that Leach was not his class; that he knew nothing about her, and that only parcels he ever took to shaftesbury Crescent was the present of a hat to Gurney and some fish from the marker, out never any of the prosecutor goods.
GUILTY . Three were other similar indictments against the prisoners.
JAQUES, Three years' penal servitude —GURNEY,. Nine months' hard labour —LEACH, six months' hard labour
733. WILLIAM HERIVEL, Being an agent entrusted by James Ambler with six pieces of moirrette silk for the purposes of sale, depositing the same as security for £50, that being more than the amount due to him from them.
MR. BODKIN. for the prosecution offered no evidence.
NOT GUILTY .
NOT GUILTY .
MR. SANDERSON. and MR. FRAMPTON. Prosecuted; MR. TRAVERS.
HUMPHREYS. and MR. PETER GRAIN. Defended.
During the progress of the case the prisoner stated in the hearing of the Jury that he was
GUILTY . on the first Count, upon which they found him GUILTY. Twelve months' hard labour.
THIRD COURT.—Tuesday September 15th, 1903. Before Mr. Common Serjeant.
MR. LEWIS. Prosecuted; MR. WARDE. Defended.
WILLIAM SARGANT . (City Detective Sergeant.) On July 22nd, at 2.30 p.m., I went with Mr. Lewis, the prosecutor, and other detectives to 2, West Place, Chapel Street, Islington, the prisoners' dwelling and storehouse—I saw them there, and said I was a police officer, and produced this piece of lace and said, "Have you any lace like this?"—they both said, "No"—the female prisoner took it out of my hand and said, "Oh, yes, I have got some like that; I bought it of? a man yesterday morning"—I said, "Who is he? What's his name?"—she said, "I don't know"—I said, "Can you describe him?"—she said, "No"—she then produced a small piece of lace—I asked her if she had any more—she said, "Yes"—we then went to the first floor, which is a bed room, and stored with goods all round the room—from behind some boxes she took these four pieces of lace—I said, "Have you anything else?"—she then produced these blinds—I asked her to account for the possession of them—she said, "I bought them of the same man as I bought the lace of; I gave him 1 1/2d. a yard for the lace"—I said, "How much did you give him in all?"—she could not say—the male prisoner then handed me this paper bag with the name on it of "George Watson, 324, City Road"—there was a Watson there, but not the same Christian name—he voluntarily came to the police station, and was placed with a number of men, and the prisoners saw them—they both said the man from whom they bought the lace was not there—I then charged the prisoners with stealing and receiving this quantity of lace and the blinds and trolley, the property of Mr. Lewis—the male prisoner said he knew nothing at all about it—the female said, "I admit I bought them"—I charged them on July 30th at the Mansion House with stealing, on July 13th, 1903, 576 boxes of coloured crayon pencils, value £13 4s., the goods of the Eagle Pencil Company—the male prisoner said, "I know nothing at all about it—the female prisoner said, "I bought them from a man named Reddish
in Goswell Road about eighteen months or two years ago"—I then read a further charge of stealing on July 15th, 1903, 448 yards of white lace and one gross of corset laces, the property of James Pickworth, of Bread Street, value £1 18s. Id.—she said, "I bought that of Mr. Kaplowitch"
Cross-examined. The house at West Place was packed with goods—the stolen goods were not hidden—the prisoners have not been identified as being in any way connected with these robberies—no one saw anybody take the goods away—it was a larceny from the street—I was not told that the blinds had been cut up and exposed for sale on the stall—the paper bag with the name of "Watson" on was produced from near the bottom of a file with receipts and invoices on it—the prisoners carry on a fairly large business—they have been customers of some of the largest firms, such as Rylands; Foster, Porter, & Co., and others.
THOMAS HENRY LEWIS . I am a maker of embroidered goods, of 42a, Noble Street, and Crawford Passage, Farringdon Street, E.C.—these goods are mine—on July 17th, at 3.40 p.m., I gave my man Pardoe a large basket with six boxes to deliver, value of about £5—the lace is sold wholesale at 3£d. and retail 6d. a yard.
Cross-examined. I do not think this lace is an article that would be sold by any firm in job lots—job lots of stuff undoubtedly get on the stalls of the prisoners' class of people.
THOMAS PARDOE . I am porter to the last witness—at 3.45 p.m. on July 17th, I took some laces and blinds out on a trolley—these are part of them—I went to Williams and Sons, Bread Street, wheeling the trolley—. I went in to deliver the parcel—when I came back the trolley and goods had vanished.
Cross-examined. I did not see either of the prisoners about at the time.
ADELAIDE LIZIUS . I am a machinist, employed by Mr. Lewis—on July 18th, the day after these things were stolen, I took a walk down Chapel Street—I passed the female prisoner's stall and looked at the goods thereon—I saw some of the lace belonging to my employer—I asked the price and was told 2d. a yard—I went away without buying any—on July 21 I went with a detective down Chapel Street—we passed the female prisoner's stall—I bought three yards of the lace at 2d. a yard—I took it home and it was compared with a pattern we had and found to be the same.
Cross-examined. I live at 64, Colebrook Road,' near Chapel Street—there was no disguise about the stall—I did not notice the covering of the stall.
HENRY GARRETT . (City Detective.) On Tuesday, July 21st, I went with the last witness to Chapel Street—she went to the female prisoner's stall I remained in the footway about three yards away—she spoke to the prisoner and this three yards of lace was bought—I corroborate Detective Sargant's evidence—I conveyed the prisoners to the police station—on the way, in the cab, the female prisoner said, "I must admit I bought tin stuff; I paid 1 1/2d. a yard for the lace, about 28s. 3d. altogether for the lace and blinds"—I said, "I think that works out at 27s. for the lace and 1s. 3d. for the blinds"—she said, "Well, that is what I paid for it'—
they were subsequently charged—the female prisoner admitted buying the goods; the male prisoner said he knew nothing about it.
Cross-examined. The female prisoner did not say that there was one better bit of lace there that she gave 1s. 3d. for—she did not say she gave 27s. for the lace—I mentioned 27s.—she said she gave 28s. 3d. for the lace and blinds combined.
ALFRED ANDERTON . (City Detective.) On July 22nd I went with Detective Sargant to 2, West Place, Chapel Street—I was there when the goods were found—I corroborate his evidence—after the prisoners were taken into custody, I remained behind with Sergeant Wise—we searched the place and found a number of crayon pencils in a box (Produced) which have been identified as the property of the Eagle Pencil Company as having been stolen a few days before; also this card of lace insertion which Mr. Pickworth has identified as having been stolen from him a few days before—I also took a large quantity of goods away, but they have not been identified—I found an invoice in the name of Kaplowitch.
Cross-examined. I took a van load of stuff away—nothing has been identified as stolen property.
By the COURT. I did not take everything there was; I made a selection.
LOUIS KAPLOWITCH . I am a lace and fancy goods warehouseman, of 40, Brushfield Street, E.C.—Charles Kaplowitch is my brother—all the goods mentioned in this invoice the female prisoner bought of me—none of this lace is included in the invoice—I have sold old lace to the female prisoner, but no insertion—I do not recollect having any lace of this pattern in my warehouse.
Cross-examined. All the items except the last two on this invoice are lace—item three, three dozen yards, is lace, not insertion—the fifth item is also lace and not insertion—the seventh item is also lace and not insertion—I have not my books here—I know that the female prisoner says that what is said to be Mr. Pickworth's lace she bought from me.
Re-examined. This invoice is dated June 22nd, and the goods were not lost till July.
By the COURT. The value of this lace insertion is about 1d. a yard wholesale.
WILLIAM DRESCH . I am porter to the Eagle Pencil Company, 14, Fore Street, City—these crayon pencils belong to the Company—on July 30th I was sent to the Educational Supply Association with a trolley and basket on it and ninety-six boxes of pencils and half a gross of penholders—I arrived at the Association and left the trolley outside while I went inside to arrange for the delivery—when I came back in five minutes the trolley and goods had gone—these goods are part of those on the trolley.
Cross-examined. I did not see either of the prisoners there.
FREDERICK WILLIAM TEW . I am Secretary to the Eagle Pencil Company—on July 13th I sent the last witness out with a trolley and parcels—these pencils and penholders were part of the goods—they are made specially for the Educational Supply Association—the value of the pencils is 6s. 6d. a gross.
JOHN WILLIAM JACOBS . I am an errand boy to Mr. John Pickworth, lace agent, of 57, Bread Street, City—on July 15th I went with a trolley and four parcels of lace from my master's shop to Jewin Street to deliver a parcel—I left the trolley and three parcels in a passage and went upstairs—when I came down I found two parcels had gone—this lace is like what I took out.
Cross-examined. I did not see the prisoners there.
JOHN HAMBLING UNDERHILL . I am agent to Mr. John Pickworth, of 57, Bread Street, City—this lace is part of the goods that I gave the last witness to take on a trolley to Jewin Street on July 15th—the value of a piece of 46 yards is 3s. 6d. wholesale—the value, of what we lost is £1 18s. 1d.
Cross-examined. It is a common kind of lace—at the end of a season there might be job buyers buying up a lot of stuff.
Bertha Poulton, in her defence on oath, said that she had lived in England about twenty-five years; that up to the time of her arrest there had never been any charge against her of any kind; that she was a job buyer of fancy drapery flowers and millinery, and had done business with a large number of City firms; that she got the pencils from a man who left them with her to try and sell, and had no idea they were stolen; that the same man came to her and asked her to buy the lace, which, after a good deal of pressing, she did, for 28s., and he left her the parcel, and she gave the man 3d.; that she paid him 12s. 6d. for the blinds, and that the second lot of lace said to be Mr. Pickworth's she bought of Mr. Kaplowitch.
James Poulton, in his defence on oath, stated that he was a dealer in job lots in Chapel Street; that up to the time of his arrest there had never been any charge whatever brought against him; that he did not have any hand in buying any of the property produced, and was not present when it was bought; that the female prisoner bought all her own goods for her own stall, which was distinct from his.
Evidence for the Defence.
ARTHUR HENRY FORMAN . I am a representative of Foster Porter's, 47, Wood Street—Mrs: Poulton has been a pretty large buyer from our firm—we have always found her very straightforward—she was always the buyer.
HENRY BEAUMONT FINCH . I am the representative of Guttman and Company, 129, London Wall, corset manufacturers—the female prisoner has been a customer of ours since May, 1902, and we have always found her exceptionally straightforward and very prompt in her payments.
HYMAN MONK . I am a wholesale furrier of 7, Sun Street, Finsbury—the female prisoner has been a customer of mine for some few years—she has brought several parcels of furs—I have always found her very honest and a good payer.
NOT GUILTY .,
737. JAMES POULTON and BERTHA POULTON were again indicted for stealing and receiving 576 boxes of crayons and one gross of penholders, the property of the Eagle Pencil Company, Limited; also for stealing and receiving 448 yards of lace and a gross of laces, the property of John Pickworth. No evidence was offered
NOT GUILTY .
738. ABRAHAM PAGRASCH (64) , Fraudulently converting to his own use £3 4s. received by him on account of Ben Goldberg, and £8 12s. on account of Morris Abrahams. Other Counts, for several other sums received on account of other persons.
MR. OLIVER. Prosecuted; MR. KEITH FRITH. Defended.
MARKS BLACKMAN . I am a tailor's presser of 25, Brady Street, Buildings E.—I joined the Loan and Investment Society on January 6th, 1902—this book was given to me—I took six shares, of the value 6d. each—I paid 3s. per week—I had two other books of the Grocery Club, on which I paid 1s. a week—I paid up to two weeks before Christmas to the prisoner, who signed the book—I had altogether £10 16s. in the Society, of which I have received back £4 5s., leaving £6 11s. unpaid—I asked him for the money, and he said he had been robbed, and as soon as he got money due to him from the Synagogue he would pay the rest—when I called for the money his wife told me he had gone to Holland.
Cross-examined. There was no agreement as to what he was to do with the money when he received it—I received the £4 5s. about six weeks before he went to Holland.
MORRIS LIPMAN . I reside at 15, Russell Street, E., and am a member of this Loan and Investment Society—I had five books in it, £25—I paid altogether 10s. a week—I received back £7 10s. about a week or fortnight after Christmas—the prisoner has promised repeatedly to pay me my money, but I have not been able to get anything.
MORRIS ABRAHAMS . I live at 24, Thomas Street, and have been a member of this Society for three years—I hold two books—I paid 2s. a week—I had owing to me last December £8 12s.—I have received none back—I have asked him for it several times and he has replied, "Come to-morrow," or '* Come another day."
Cross-examined. I do not know that the object of this prosecution was to get the money.
GEORGE BROWN . (Detective A.) I received a warrant for the prisoner's arrest on March 11th—I executed it on July 17th—I told him I was a police officer holding a warrant for his arrest—he replied, "I know all about it; I have not got a penny in the world, or else I should have paid them; I have been to Holland because my brother was ill"—at the station I read the warrant to him—he made no reply—on November 22nd, 1902, acting on instructions, I went to 24, Vallance Road, E., and there saw the prisoner with regard to a burglary alleged to have taken place at his place—I inspected the premises—he told me the safe was broken open and £230 in gold taken—I could find no marks of forcible entry, and told him he was telling lies—I said, "I remember about four
years ago you reported a burglary when £80 or £90 belonging to this club was taken"—he said, "Yes, I did not know you knew about that"—on December 19th, I asked him if he had found the money; he said, "No, but I have paid all the members the money out of money I had by me"—there was not the slightest evidence of any burglary.
Cross-examined. If the burglary had been a put-up job there might have been time to arrange it by the time I arrived—when the prisoner told me he had paid everyone in full I dropped the case—I have since heard some say that they have been offered the money and some have been paid.
Re-examined. What I have just stated is hearsay.
MORRIS WOOLF . I live at 8, Drapers' Buildings, White Horse Lane, E.—I was formerly secretary of the Loan and Investment Society for eight years—the prisoner before he joined the Society was in a good position—he was treasurer for nearly ten years—the practice was, if the money came in plentifully enough, to bank it—there was an account at the bank in the prisoner's name—the money was paid out at different times in December.
Cross-examined. There was no special time for the money to be paid—the prisoner was the only banker of the Society—Blackman has told me that the object of the prosecution is to get the money.
Re-examined. I resigned the secretaryship because I wanted more money and could not get it.
The prisoner here slated that he would
GUILTY. on the first Count . He received a good character. Three months' hard labour.
FOURTH COURT—Tuesday, September 15th
Before Lumley Smith, Esq., K.C.
MR. ELLIOTT. and MR. WATSON. Prosecuted; MR. A. GILL. Defended.
NOT GUILTY .
OLD COURT.—Wednesday, September 16th, 1903.
Before Mr. Justice Ridley.
740. PHILIP COHEN (20) and JUDITH GOLDSTEIN (30) , Unlawfully taking Esther Bankell, a girl under the age of 16, out of the possession and against the will of Lewis and Annie Levenstein, with intent that she should be carnally known by Cohen. Second count, unlawfully procuring Esther Bankell to have carnal connection with Cohen. Third count, unlawfully procuring her to become a common prostitute.
MR. HUTTON. Prosecuted; MR. PURCELL. Defended.
GUILTY . on all the Counts. Two years' hard labour each.
Before Mr. Recorder.
741. HERBERT JOHNS (17), PLEADED GUILTY . to breaking into the dwelling-house of Thomas Dunn and stealing two watches and other goods; and the said HERBERT JOHNS and FREDERICK CHARLES ALLEN (21) , to burglary in the dwelling house of John Robert Wildman and stealing a coat, waistcoat, and other goods, his property; and the said HERBERT JOHNS and WILLIAM FREEMAN (19) , to breaking into the shop of Edgar Hall, Limited, and stealing eight watches and other goods their property, ALLEN and JOHNShaving been convicted of felony, Allen at the Essex Quarter Sessions on February 12th, 1892, and Johns at Stratford on September 23rd, 1899. Another conviction was proved against Johns. FREEMAN (who was stated to have been led by others) and JOHNS— Judgment respited ALLEN**†— Eighteen months' hard labour —
Before Mr. Justice Ridley.
MR. FULTON. Prosecuted; MR. WARD. Defended.
NOT GUILTY .
MR. WARD. Prosecuted.
NOT GUILTY .
Before Lumley Smith, Esq., K.C.
MR. WARD. Prosecuted.
GUILTY . Twelve months' hard labour.
MR. METCALFE. Prosecuted.
ALBERT TINDLING . (a black). I am a labourer of 10, Crawford Street, Canning Town—on July 22nd, about 9.30 p.m., I was with a friend named Clarke outside the prisoner's shop, 47, Villiers Street, Canning Town—he is an ice cream vendor—I saw another boy go in, and I asked him for his
taster—the prisoner then took a revolver from his hip pocket and fired it at me, saying, "Go down, you black bastard"—I was about six yards away—the bullet hit the door about two inches from my head—it would have hit me if I had not ducked—I told a policeman what had occurred, and the prisoner was arrested.
CHARLES CLARKE . I live at 6, Tucker Street, Canning Town—I was with Tindling at 9.30 on July 22nd outside the prisoner's shop—I heard Tindling ask a boy in the shop for his taster—the prisoner then pulled out a revolver and fired at Tindling, who ducked, and the bullet hit the door—it was pointed straight at him.
HARRY ALDERTON . I am a carman of 32, Bidder Street, Canning Town—I was in the prisoner's shop at 9.30 p.m. on July 22nd—I heard Tindling say, "Give us your taster" as a boy came into the shop—the prisoner then said, "Go down, you black bastard," and pulled a revolver out of his hip pocket—I saw a flash and heard a report—Tindling ducked: if he had not done so he would have been hit.
CHARLES FAULKES . (20 K.R.) At 9.35 p.m. on July 22nd I was on duty in Villiers Street—I heard a report of a pistol, and directly afterwards Tindling came up to me and complained—I went to the prisoner's shop and arrested him—he said, "Yes, I did shoot at him, he came here and annoyed me"—I asked him for the revolver and he gave me this one (Produced)—it is five-chambered—it was warm and loaded in four chambers with ball cartridge and one with a discharged cartridge—he was quite sober.
Cross-examined by the prisoner. I am sure you said "I shot at him"—you did not say you shot in the air.
DAVID THOMPSON . At 5.10 a.m. on July 23rd I went to the prisoner's shop, 47, Villiers Street, and examined the door—I found a graze three inches long pointing downwards, about three feet from the floor of the shop—I found the bullet two feet from the shop door.
The prisoner's statement before the Magistrate. "I never called him a black bastard; he had been at the front of the door three times; he was inside the door, not outside; he called me a bloody Italian bastard: I said 'Don't come here any more, because you have robbed me two or three times '; every time he comes with bricks to throw them into the shop; I shot in the air to frighten him."
Evidence for the Defence.
CANTORI. "I have known the prisoner some time—I have been in his shop several times and have seen Tindling with other boys insulting him—on one occasion they brought stones with them and threw them into the shop.
The prisoner, in his defence on oath, said that Tindling and his friends had been annoying him for a long time; that he had complained to the police, but they refused to interfere; that he bought the revolver because he was in fear of his life; that on the evening in question Tindling and his companions came to his shop and made a great disturbance; that he thought they would do him some personal harm, and fired the revolver in the air to frighten them.
GUILTY., under great provocation . Discharged on his own recognisances
Before J. A. Rentoul, Esq., K.C.
MR. KERSHAW. Prosecuted.
GUILTY . Discharged on his own recognisances.
Before Mr. Common Serjeant.
754. KATHERINE TINGEY (36) , Wilfully neglecting four children in a manner likely to cause them unnecessary suffering and injury to their health. Second Count— For being an habitual drunkard. She PLEADED GUILTY . to the first Count.
MR. HUTTON. Prosecuted on the Second Count.
JOSEPH TINGEY . I lived at 35, Poplar Road, Leyton, before these proceedings, and am an ironmonger's assistant—I also do night work which occupies me till about 11.45 p.m.—the prisoner is my wife—for several years now she has always been drunk when I have got home, and has not been in a fit condition to look after the children.
ANNIE CHARTERS . I am the wife of William Charters, 33, Poplar Road, Leyton, next door to where the prisoner lived for about four months—during that time she always had the appearance of being under the influence of drink.
GUILTY . Two years in an Inebriate Reformatory, and to be put on the Black list.
MR. KERSHAW. Prosecuted; MR. WARBURTON. Defended.
JOHN FREDERICK BATTES . I live at 74. Lansdowne Road, Leyton-stone, and am potman at the Red Lion Hotel, Leytonstone—on August 8th the prisoner was in the bar about 10.50, and was served with some ginger beer by a barmaid—he took it and threw it over her, glass and all—then turned him out of the house—I left about 11.25 and proceeded home out by the back way, where I saw the prisoner about forty yards away standing at a gate—I went up to him and asked him if he had a knife—he said "No"—directly afterwards he struck me a heavy blow on my left side" with his right hand—I was wearing a light jacket unbuttoned
—I struggled with him and saw something glisten in his left hand which was his pipe—I took it away—his wife then came up and took him away—I went away to go home and felt a pain on the way—on getting home I took my coat and waistcoat off and found that my waistcoat was cut through—this is it—I found blood on my shirt—I went to the police station and gave information—the prisoner was sober.
Cross-examined. The ginger beer was thrown at the barmaid because she would not fill it up with water—when I left the public house a friend followed within a few minutes—he is not here and was not called before the Magistrate—I do not know why—the prisoner was leaning on a gateway about forty yards from the public house—it was the gate of Harvey Gardens, where he lives—I went that way because I thought a gang of his associates were waiting for me round the corner—I had been told that the prisoner was waiting for me with a knife, so I went to see—I did not provoke him so as to get some sort of case against him—the wound is not an invention, and I did not strike him on his face; I struggled with him—I sometimes carry a corkscrew in my waistcoat pocket, but I did not have it with me then, and I did not get my wound with that.
Re-examined. I went to a doctor the same night after going to the police; he saw the wound in my side and dressed it—I had occasion to turn the prisoner out of the public house some days before for assaulting a man in the bar.
LEWIS NUGENT JEKYLL . I am divisional police surgeon, and examined the prosecutor and his clothing about midnight on August 8th—he had a small cut in his left side, immediately below the ribs—it was caused more probably by a knife than anything else—it was about an eighth of an inch broad and a quarter of an inch deep—this knife would have caused it; the small blade absolutely corresponded with it and the cut in the clothing.
Cross-examined. A wound an eighth of an inch wide might undoubtedly have been caused by something else than a knife—it was a tiny wound.
By the COURT. It could not have been done by something tearing through his pocket like the end of a corkscrew.
ARTHUR ROSS . I live at 4, Rose Cottages, High Road, Leytonstone, and am a coachman—on August 8th, a little before 11, I was in the Red Lion public house, Leytonstone, and saw the prisoner there—he threw a glass and some ginger beer at the barmaid, and the potman put him out—shortly after I went outside and saw the prisoner standing opposite—he came back, got up upon the window sill, and opened a knife—he looked through the window, which was shut—that was the window next to the bar from which he had been put out—I could see the blade of the knife—it was a pocket knife—I went back and told the potman that the prisoner had a knife in his hand.
Cross-examined. I do not know whether he was cutting tobacco with the knife—I did not see any tobacco.
THOMAS HUGHES . (87 J.) About one o'clock a.m. on August 9th I was on duty at Harrow Green Police Station—the prosecutor came there—from what he said. I went to Harvey Gardens, to the prisoner's house,
and saw him in bed—I told him I should arrest him for stabbing a man—the prosecutor was present—the prisoner said, "I don't remember that; I have only got one knife '—he took this knife out of his pocket and gave it me—I took him to the station and he was charged—he said nothing while the prosecutor was there; after he had gone he said, "I think he has made a mistake."
Cross-examined. The prisoner has never been in trouble before that I am aware of—to the best of my knowledge he said when I arrested him, "I don't remember stabbing him."
The prisoner, in his defence on oath, said that he was in the bar of the Red Lion on August 8th; that he had called or three whiskies, and asked for a dash of ginger beer to be put into them, which was refused; that he then asked to be served with half a pint; that as he was taking hold of the glass it slipped and dropped over the counter; that he then left the bar, and went to the gate of the Gardens, when the prosecutor came up and snatched his pipe and hit him; and that he never struck him with the knife.
Evidence for the Defence.
ELIZA KIRTON . I am the prisoner's wife—on the night of August 8th I was cooking the supper when my husband came in, and as it was not ready he said he would go to the gate and have a smoke—I went out shortly after to tell him to come to supper, and I saw the prosecutor force the gate open—I ran up and saw the prosecutor strike the prisoner on the face—I told him to go away—he snatched the prisoner's pipe and used filthy language, and said, "I will wait for you to-morrow morning going to work"—he then went away—I never saw any blow struck with a knife.
Cross-examined. I had been in my house before this took place—as I ran up out of the house I saw the prosecutor strike the prisoner.
ADOLPHUS HUFELMAN . On Saturday night, August, 8th, I was in the fire box outside the Red Lion—I saw the prosecutor walk across the road and back again—I said, "Good-night, George "; he said, "Good night"—I did not see stabbing—I was about twenty to twenty-five yards from where the alleged stabbing took place—I did not see anything take place between them—I did not see either one or the other touch one another.
NOT GUILTY .
MR. PETER GRAIN. Prosecuted.
GUILTY . A conviction was proved against him. Nine months' hard labour.
MR. METCALFE. Prosecuted.
was alone in the house—I heard a knock at the front door—I went to the upstairs window and saw a man coming in at the gate—I could not see whether there was another man inside—I came down the stairs, but I did not open the door—I heard a noise as of the breaking of the door—the chain was up—I thought it safe to leave the door and went to the back of the house—I got over the wall into the next garden, communicated with the next door neighbour, and we both went out in front of her house and I saw the two men, of whom the prisoner was one—when they saw us they walked away—I did not speak to them—I saw distinctly the prisoner's face as he came down the steps—I gave information to the police, and the same evening I was sent for to the station—I went there and was shown twelve or thirteen men in a row—I at once picked out the prisoner without any hesitation, as the man I had seen in the afternoon.
Cross-examined by the prisoner. When I first saw you you were standing on my steps; you walked down the path, went out at the front gate, and walked away—the officer, when he fetched me to the station, did not give me a description of you; he said he had got you down there, and I was to try and identify you.
Re-examined. When I first went to the police to give information I gave a description of the man that I saw.
GEORGE SCRIMPSHAW . (Detective K.) I am stationed at West Ham—I saw Miss Wise at 7 p.m. on the 13th—I went to 81, The Grove, Stratford, and examined the front door—I" found six large jemmy marks, the door post was cut away, and the box of the lock broken—the lock was very substantial and considerable violence must have been used—I kept observation at the Broadway, Stratford, and at 8.45 p.m. I saw the prisoner and another man and a female—I arrested the two-men—on a charge of loitering—I conveyed the prisoner to the station, and he was detained and placed with thirteen other men, and immediately identified by Miss Wise—when charged he did not say he was elsewhere at the time.
Cross-examined. You did not say at the police station, "It is a got up affair.".
CHARLES MANNING . (414 K.) I am stationed at West Ham, and was at the police station at 10.30 on August 13th, when the prisoner and a man named Hollis were detained pending this charge being made—I heard the prisoner say to Hollis,. "Alf, I could f—g well kill you; you shopped me, you met me for the purpose; I have not seen you for months"—Hollis replied, "I think it was Mabel who put us away."
Evidence for the Defence.
WILLIAM ROBINSON . I live at 55, Cullum Street, Stratford—on Thursday, August 15th, I saw the prisoner in the Two Puddings, Stratford, about two o'clock; I cannot say whether it was after, it was after I came back from dinner—I served him about 2.45; he might have-stopped tin re an hour or half an hour.
Cross-examined. You could go from my place to 81, The Grove, in three or four minutes comfortably.
The prisoner, in his defence on oath, said that he went to Stratford on his way home to Victoria Docks, and went into the Two Puddings and had some lunch, and left there about 1.30; that near by he met a man whom he knew, and returned with him to the beer house, and stayed there until 3.45.
GUILTY . Eight previous convictions were proved against him. Eighteen months' hard labour.
Before Mr. Recorder.
Before Mr. Justice Ridley.
Before Mr. Recorder.
Before Lumley Smith, Esq., K.C.
761. ARTHUR CLAUDE BEVINGTON (48), PLEADED GUILTY . to obtaining by false pretences from Alfred McKenzie £100, £10, and £9 9s. 6d. with intent to defraud; also to stealing a pearl pin, the property of Percy Hunt; also to stealing a watch, the property of Frederick Box; also to stealing two rings, the property of Charles John Gurney , having been convicted at Winchester, on June 25th, 1896, of obtaining goods by false pretences in the name of Edward James Hole. Two other convictions were proved against him. Five years' penal servitude. —
(762). CHARLES WOODHOUSE SHEPHERD (47) , to forging and uttering a request for the payment of money with intent to defraud; also to obtaining £1 by false pretences from the Rev. Richard Martin with intent to defraud, having been convicted at Lewes, on October 14th, 1902. Twelve months' hard labour. — [Pleaded guilty: See original trial image.]And
Before J. A. Rentoul, Esq., E.C.
764. THOMAS DONOLLY (40), PLEADED GUILTY . to burglary in the dwelling house of Charles Martin, and stealing therein three bottles of rum and other articles, his property, having been convicted of felony at Newington Sessions, on March 12th, 1902, in the name of Thomas Walsh. Three years' penal servitude.
Before Mr. Common Serjeant
765. ADA GIRDLE (33), THOMAS WILKINS GRANT (26), and EDWIN POLLARD (37) , Knowingly suffering Yettie Silberman, a girl under the age of sixteen, to be upon their premises for the purpose of being carnally known by men. GIRDLE also for taking the said Yettie Silberman out of the possession of and against the will of her father.
MR. JENKINS. Prosecuted; MR. LAWLESS. Defended Girdle.
GUILTY . GIRDLE and POLLARD Twelve months' hard labour each. GRANT Three months' hard labour. (Girdle had been convicted three times of keeping a disorderly house.)
Before Mr. Justice Ridley.
MR. BODKIN. Prosecuted; MR. ROOT. Defended.
ELIZABETH FRAZER . Mr. and Mrs. Britt. a respectable couple, lodged with me at 58, Clement's Road, Bermondsey—about the end of June a boy was born called Sydney Mauden Britt—he was too sickly to be fed from the breast—on Saturday. August 1st, about 2.45,1 saw the prisoner leaving the house with the baby—she said she was going to the Park—she was very pale and looked strangely.
Cross-examined. From the birth the prisoner treated the child with great kindness and gave it every attention—I noticed her every day—she was with us eight weeks—she was properly conducted—I never saw her take anything.
MAUD WORTLEY . I am barmaid at the Stanley Arms, Southwark—on the afternoon of August 1st I saw the prisoner in Southwark Park, near the lake—I knew her quite well—she had a child in her arms—she seemed very pale and strange—she kept her eyes fixed on the water—when I left the Park she was walking by the side of the water.
Cross-examined. She appeared different to what she generally did—I have known her a long time—she sat by me—she had a good walk.
WILLIAM PALMER . I live at 21, Silverlock Street, Rotherhithe—on August 1st I saw the prisoner in Southwark Park about 4 p.m. with a child in her arms—afterwards a small boy spoke to me and I went to that part of the lake—I saw the prisoner lying on her back with her face under the water about 4 or 5 feet from the bank—with assistance I got her out of the water—I asked her where the child was—she said "In there," pointing to the water.
Cross-examined. The water was about a foot from the pathway—railing were round the water—anybody could see.
dressed, and quite dead about 5 feet from the bank—it was taken to Rotherhithe Police Station.
CALEB THOMAS HILTON ., M.D. I practice at Finchley Lane, Hendon—on August 1st I was on temporary duty in Southwark—I saw the body of a child at Rotherhithe Police Station—I made a post-mortem examination—I am of opinion that death was due to suffocation, the result of drowning.
Cross-examined. There were no marks of violence on the body.
ARTHUR NEAL . (Police Sergeant M.) On August 11th I saw the prisoner at the Rotherhithe Infirmary—she had been there since August 1st—I told her I should arrest her for the murder of Sydney Mauden Britt by drowning him, and for attempting to commit suicide—she said, "I do not know what made me do it, I was worried and upset about my husband's dinner, and worried over the child."
Cross-examined. From inquiries I find that the prisoner's brother was in an asylum a short time.
JOHN JAMES PITCAIRNE . I am medical officer of H.M. Prison, Holloway—the prisoner came into my charge and under my observation on August 11th—I have since had frequent interviews and made careful observation of her—I have also road the depositions and listened to the evidence, and I have arrived at the conclusion that on August 1st the prisoner was suffering from puerperal melancholia, a form of mental disease not un-frequently following child birth—in my opinion on August 1st she was not in such a state of mind as to know the nature and quality of the act she was doing, as the result of that mental disease.
Cross-examined. Persons suffering from that disease are fully aware of what they are doing—sometimes there is no motive for committing the offence—very often the woman is seen to be affectionate a short time before the act—the suppression of milk is a frequent cause—I understand this child was not suckled by its mother—there is always depression in such a case as this.
GUILTY., but not responsible for her action at the time . To be detained till His Majesty's pleasure be known.
NOT GUILTY .
The prisoner then PLEADED GUILTY . to exposing the said child, where by its life was in danger. Three months' hard labour.
MR. HURRELL. Prosecuted.
ELIZABETH ALFORD . I live at 21, Upland Road, East Dulwich, where 1 keep a shop—the prisoner is my son; he did not live with me; he did four years ago—he came in on July 18th, about 7 p.m., I had just closed the shop—he remained nearly an hour—I said very little to him; he had his tea and then went into the garden—he came in and asked if he could come into breakfast on the Monday morning—I said, "No, I cannot
have you here at eight o'clock"—immediately afterwards my head went down to my knees; I thought it was a stone or something—the prisoner was behind me; I did not think he was striking me—then I received more blows on both sides of my head, my hands were cut—I ran into the next house and my neighbour attended to me; her husband took me to a doctor—I know I received two blows on my head and one on my back; I was partly unconscious—I think I had four or five blows altogether; I had three places stitched up—I did not see anything in the prisoner's hand; he struck me from behind—he lives at St. Dunstan's Road, which is about ten minutes' walk from my house—he is married—I do not know what he does; he has not done much of anything lately—he has often been in to see me during the last six months—I do not remember if he has asked to come to breakfast before—I have told him before that I do not wish him to come at breakfast time.
ADELAIDE JACKSON . I live at 19, Upland Road, which is next door to the prosecutrix—I am married—on July 18th, about 7.45 p.m., I heard screams of murder—I went to the prosecutrix's assistance in the back garden; she was bleeding—I took her into my house, and my husband took her to the doctor—I did not see the prisoner then.
THOMAS GRAY . (419 P.) In the evening of July 8th I saw the prosecutrix outside the Upland coffee shop; her head was covered with blood—I went inside the shop, where I saw the prisoner with this knife (Produced) in his temple and ramming it into his head against the wall—I rushed up to him and pulled the knife from his head—I wrenched it from his grasp and got him into the shop, and put him on his back on one of the tables there, and called for assistance—I held him down, and he said, "Oh! let me finish it, I am no good"—I said, "Keep quiet"—he was taken to Guy's Hospital on an ambulance—he said there, "There was no quarrel between me and my mother; I do not know what made me do it"—he was in the hospital three weeks—I did not find the chopper.
PHILIP WILLIS . (Detective' P.) About 1 p.m. on August 7th, I saw the prisoner at Guy's Hospital—I told him I should arrest him for attempting to murder his mother, and also for attempting to commit suicide—he said, "Oh! dear"—at the police court he said, "How is mother going on"—I said, "She will be able to attend the Police Court in a few days"—I found this chopper (Produced) at the coffee shop.
By the COURT. I did not think he was soft; he appeared to be rational enough—I saw him three weeks after the offence was committed.
ERNEST JAMES REYNOLDS . I am a surgeon of 263, Lordship Lane—about 7.45 p.m., on July 18th, the prosecutrix was brought to my surgery"—I examined her; she was suffering from four severe lacerations on the scalp, and a slight cut on the left wrist; she had lost a great deal of blood—the cuts were not dangerous, except that she had lost a great deal of blood—I think they were inflicted with a sharp instrument—I do not think this chopper would cause them; it is possible but not probable—the skin can be cut by a blunt instrument, but if there is sufficient violence the bone is bruised—this knife would cause them—my partner and myself saw her for ten days; she has practically recovered
now—she is still somewhat deaf; she was not so deaf before the injury as since—I also examined the prisoner—he had a deep laceration of the scalp over the right ear, which had lacerated an artery, and from which he was bleeding profusely—he also had a cut on his throat involving the larynx—it was a very serious injury; this knife was there at the time covered with blood—there was no blood on the chopper.
By the COURT. I have considered the state of his mind; I think he was perfectly sane—I was 1 1/2 hours stitching up his throat; during that time he was talking and discussing his position—I think he attacked his mother simply from temper.
JAMES SCOTT . I am the medical officer at Brixton Prison—the prisoner has been under my observation since August 7th, during that time he has shown no sign of insanity; he is not particularly sharp, but there is no evidence of delusions—his conduct has been quite rational, quiet and reserved—his memory is fairly good; he is rather deaf, but states that that is since the injury to his temple—I think it is quite possible.
Prisoner's defence: I was in drink at the time; I had been drinking very heavily for the last two months; I was not in my right mind at the time; I could not have been when I done this.
GUILTY. on the second Count . Three years' penal servitude.
MR. MATHEWS. and MR. BODKIN. Prosecuted; MR. ELLIOTT. and MR. FULTON. Defended.
ALFRED DEACON . (Detective.) On July 10th, I went to 67, East Street, and took some photographs of the front back and interior of that house looking towards the corner shop; you can see the side door to the right, which goes into the front kitchen and leads into the yard at the back—the photographs also show the back of the house and a shed and the top room window, the ledge of that window would be about two feet six inches or three feet from the top of the shed; the ledge from the ground would be about eight feet or ten feet, but I did not take the measurements—just below the ledge the photograph shows an iron clamp which sticks out—under the window there is a back kitchen running from the front kitchen into the yard—this photograph shows the interior of the back door, at the top of which a bolt is shown—an iron bedstead was placed against the wall by Tanner, who found it there—this photo shows the staircase leading up to the first floor and the cupboard underneath it; the partition at some time or other had continued up to the ceiling, but it now appears to have been cut off at two steps and pulled down; it had been sawn and was clearly only recently done—this other photo shows the chair and couch in the sitting room.
By the COURT. The white things on the chair and sofa are matches and match boxes; they were still in the position in which they were found—the bedstead had been moved to get into the house.
HENRY ARTHUR NEWSON . I am a cab driver, of 19, Ralph Street, Union Road—on July 4th, about 2.45 a.m., I saw some smoke coming from the shutters and window of 67, East Street, which has a window in King and Queen Street—I did not notice any smoke coming through the side door—I heard the crackling of fire—I gave the alarm and informed Police Constable Neilson—it was then between, dark and daylight—I saw and heard nobody at the shop—I thought at first the place was empty—when the constable came to the alarm, he told me to wait till the firemen came.
THOMAS NEILSON . (14G l). About 2.45 a.m., on July 4th, Newson spoke to me—I went to 67, East Street—I saw smoke coming from the door and windows of the shop and the private house next to it—I knocked at the door and got no answer—I procured an axe and broke in the house door in King and Queen Street, which led at once into the front kitchen—as I entered I found a fire in the cupboard on my right, which was on the side of the fire place—I did not notice if it had a door—it was burning fiercely and flames were coming out—there was no fire in the fire place—I went into the back kitchen, and on the left hand side of the back kitchen, on the stairs, I noticed another fire about three or four steps up—it was a large fire and flaring up at the time—those were the only two fires I noticed—I helped to put them out, they were distinct fires and about twelve feet apart—I noticed a smell of paraffin—I did not see or hear anybody on the premises up to that time—I then went through 74, King and Queen Street—there were people in the house; I woke them up; I went through their house into the back yard—when I was in the back kitchen of 67, I saw the door, there was an iron bedstead against it, and I came to the conclusion that the door was a fixture—when I got into the yard of 74, I was separated from the yard of 67 by a wooden fence—two of us knocked it down, and when we got into the yard we found the prisoner; she only had her nightdress on; she had a baby in her arms—she said, "Sir, do save my baby"—I asked if there was anybody in the house—she said, "No, there is only me and the baby at home"—I did not know her—I asked where her husband was—she said, "He went away two or three days ago"—I saw a blanket lying in the yard; the first floor window was open from the bottom about half way and had this piece of cord hanging out (Produced)—it was hanging down for about four feet; it was fixed to this pole which was inside the window—I took the prisoner and the child into No. 74; she seemed to be calm—I again asked her if there was anyone at home, and she said, "No, my husband went away to Ireland yesterday."
Cross-examined. She did not appear at all excited—she was not cold; it was not raining.
By the COURT. The fire prevented anyone from going upstairs; it seemed to me impossible to go up; that is the reason that I went and got in at the back—that is the only staircase.
THOMAS TANNER . (233 l). I accompanied Neilson to 67, East Street, and assisted him in breaking open the door—I saw the fires in the front and back kitchens—we went out and got through the yard of 67—I saw
a rope hanging from a window to within about three feet of the ground—the ledge was about ten feet from the ground—the window was about half way open—on July 11th I was at Lambeth Police Court, the prisoner called for me and said she wished to make a statement—I sent for Sergeant Beard—I said to the prisoner, "Here is Detective Sergeant Beard, you can speak to him if you like."
Cross-examined. I saw the prisoner in her nightdress in the yard, she seemed perfectly calm.
By the COURT. I did not hear any cries of alarm.
DAVID WOOD . (252 L.) I visited 67. East Street, shortly after Neilson and Tanner—I went into the front kitchen and assisted in putting out the fire—I then went into the back kitchen and saw the fire on the stairs—I went up about seven stairs, but was beaten back by the smoke—I could not see into the sitting room from where T was—the smoke was getting into the room then and prevented my seeing in; there was a good deal of smoke and flame—I did not notice any smell—I noticed a chair bedstead against the door leading into the yard; the lower part was against the floor and the upper part against the door—the door is glass in the upper half, and the upper part of the bedstead came just under the ledge—I do not think it would have been possible to open the door from outside—I pulled the bedstead over, and was then able to open the door—it was not fastened, it was possible for a person to keep the door open with the bedstead against it, so that when then went out the door would close and the bed fasten it behind—I saw a piece of cord hanging from the first floor back window; smoke was coming from that window—the window was up as far as it would go—I heard no voice or cry of alarm coming from the premises—there is a partition between the two kitchens—there was another fire in the corner of the back kitchen next to the cupboard which was alight in the front kitchen—it looked as if it had burned through the partition—I did not notice any fire in the grate of the back kitchen.
Cross-examined. I did not see the prisoner at the time of the fire—I think the window of the bedroom was closed about as much as is shown in the photograph—the bottom sash was up as far as it could go; in the photo it is almost closed—the photo does not represent what I saw, the cord was hanging from it against the wall.
EDWARD PENNOCK . I am an inspector of the Salvage Corps at South wark Bridge Road—a little after 3 a.m., on July 4th, I went to 07, East Street—I went in at the private door in King and Queen Street—the fire was practically out when I got there—I first examined the cupboard by the front kitchen—the fop part of the cupboard had been very severely burned, and the corresponding cupboard in the back kitchen was also burned—I am rather doubtful if the fire had burned its way through the lath and plaster partition—the cupboard in the front kitchen ran from the ground practically to the ceiling; there were shelves in it—it was formed by the space on each side of the chimney breast—the fire began about 4 ft. from the ground—there was no fire on the floor inside—the cupboard in the back kitchen was in the recess—the fire had evidently
occurred somewhat higher than that in the front part—there were shelves in the back one also—there was a hole about a foot long in the partition between the two cupboards, and if it was caused by the fire I should have expected to see portions of lath and plaster lying about, but I failed to see any—I have seen a large number of fires—to the best of my judgment there had been two fires, one in each cupboard—I went up the stairs; I noticed that paraffin oil had been spilt on three or four of them—they were not much burned, but in the bend, about half way up, there was evidence of a fire having taken place there—there was some wicker work there—the paraffin was on the left edge of the stairs as I went up; there was a small piece of carpet on them in the centre of the tread—the wicker work had partly charred the boarding on the staircase and the paper over it—the flames had only ascended the staircase three or four step's—the wooden partition on the left of the stairs, had been recently sawed away for three or four feet; that would make the staircase wider—I next went to the room on the top floor over the shop—I saw a couch in the room, on the seat of which were a number of unspent matches; an easy chair standing near it had had the outside covering removed; the inside covering had a hole in it from which shavings were protruding and unspent matches were spread about it; there was a carpet on the floor, and a goodish number of unspent matches and pieces of shavings were spread about—this photograph correctly shows the position of the couch and chair—I then went down and looked at the cupboard on the stairs; its door was closed; inside I saw that there had been a fire on the floor—there were three or four pieces of wood which had the appearance of having been part of the partition on the staircase, and had apparently been erected in the shape of a tripod; there was some charred paper on the floor; across the top was a large piece of wood, and it looked as if the tripod had given way and the larger piece of wood had fallen down and extinguished the paper—that had nothing to do with the fire on the stairs—I went into the shop" and saw an empty wooden box standing just inside the door leading from the front parlour—inside the box were three or four boxes of matches, and lying on the top of the box was a spent match and the corner of one of the boxes was partly charred; it looked as if the match had been struck and laid on the top of the box, but had not had the desired effect; it is rather difficult to burn a box of matches—along the counter there were chiefly empties representing stock—there were numbers of matches along the fixtures and shelves—I do not remember seeing any on the counter—I went upstairs again into the back bedroom; there was a bed close against the window—unless you went round the foot of the bed you would have to get over it to get to the window—to get out of the window you would have to get on the bed—this cornice piece (Produced) was hanging inside the window and lying on the bed—the string was hanging outside the window—the pole was not fixed above the window; there was another pole with fittings at the top of the window; this pole was not jammed against the window; it could not be pulled out of the window; this rope was fixed to it as it is now; it has not been disturbed—the surface of the bed was lower than
the window ledge—I think the lower half of the window was right up—I looked out; I did not notice the stonework of the window ledge; the roof of the shed below was about 2 ft. from the window—I think in an emergency persons could have got on to the lean-to roof with a baby in their arms—I think there is a gutter running down the wall by the side of the window, which would form a handrail—I should say that the whole value of the contents of the premises, including the fixtures, which were the most valuable things, would be £2o.
Cross-examined. I am not a valuer, but I have been in the Salvage Corps for twenty-two years and have seen a lot of valuing done—I have never carried on a shop of this kind myself—I saw the prisoner after the fire; she seemed calm and rational—she was sitting down in next door she was not excited: she did not appear to be worrying about the matter.
By the COURT. The fence between 64 and 67 had been pushed down on my arrival.
JOHN CUNDELL . (Inspector L.) On the early morning of July 4th I was called to 67, East Street—the fire was still proceeding—I saw the prisoner in the adjoining house; she said she was the occupier of the shop, and that her husband had left the day previous to go to Ireland—I went over the premises after the fire was extinguished—I went up the stairs and found that paraffin had been spilt on each step on the left side going up, and mostly on the wooden part—there was a strip of carpet in the centre—there were about ten steps—there was some paraffin in the sitting room just inside the door—the prisoner said that on hearing the fire she got up from bed, threw the bed clothing into the back yard, and obtained the cornice pole, tied a piece of cord round the centre of it, placed it against the window, and then lowered herself by one hand, holding the child in the other, into the back yard—after I had examined the premises I said, "Can you account for the fire on the staircase?"—she replied, "No, I cannot"—I said, "Paraffin oil is spilt on the staircase"—she said, "I placed it there to clean it"—there had been two separate fires in the cupboard on the staircase about 2 ft. apart—part of the wood there was what had been sawed off the partition; a saw was found on the premises with some indication of yellow paint on the teeth—the bed did not appear to have been slept in—about 4.30 a.m. I arrested the prisoner and charged her with feloniously setting fire to the premises—she said, "No, I did not'"—she was taken to the station, and in answer to the formal charge she said, "I am charged with what? I am not guilty. I have a clear conscience that I was never down stairs after I went up at 10 or 11 o'clock"—she was searched by the female searcher—a policy with the Atlas Insurance Company was found in her pocket, dated April 15th, 1903: it was handed to me in a pocket book—it is a policy for £300 from April 15th. 1903, to March 25th. 1904, premium, 7s. 6d., £200 on household goods and furniture and the premises at 67, East Street, where Mrs. Jane Anderson, who is described as a grocer and tobacconist, resides, £20 on the fixtures, and £80 on the stock—a Post Office Savings Bank book was also found, showing a balance of 20s. in Mrs. Anderson's favour, also a document showing that a charge of 2s. 6d,
would be made in relation to the insurance for £100 upon the property at 0, Cornwall Road, that had relation to the policy in existence with the National Union Insurance Company from July, 1902, to June 24th, 1903; also a fire assessor's card, and some money, £2 10s. gold, 2s. 6d. silver, and 1/2 d.; also a certificate of the child's birth showing that it had been born on February 24th, 1902—when I afterwards searched the premises I found a request from the London and Lancashire Insurance Company, of June 1903, addressed 'to "J. Anderson, Esq.," and asking for the amount of the claim representing the loss he had suffered by a fire on the premises, and also this document, which shows in detail how the claim was originally made up, amounting to £12 0s. 6d.
Cross-examined. When I first saw the prisoner she had a skirt on—I do not know where that was obtained—I know that she was seen by the constable in her nightdress—I do not know if she had these documents in her possession when she was in her nightdress—she went back into the house after the fire—she was allowed to go upstairs; she may have got the skirt then.
T. NEILSON. (Re-examined by MR. ELLIOTT). I did not notice if the prisoner had any documents when I first saw her, she was holding the baby; I took it from her—I think I should have noticed any documents if she had been holding them then—as far as I could judge she had only her nightdress on when I took the baby from her.
HARRIETT ANDREWS . I am female searcher at the Rodney Road police station—about 6 a.m. on July 4th I searched the prisoner—she had on a grey dress, a bodice, no stockings, the ordinary underclothing, a hat, and a shawl round her shoulders—inside the front of her bodice I found a Post Office Savings Bank book, a policy of insurance, a certificate of the child's birth, a card of a Mr. Dodd, £2 10s. in gold, 2s. 6d. in silver, and id.
Cross-examined. She had no nightdress on.
CHARLES BEARD . (Detective Sergeant.) On the night of July 11th I got a message, and went and saw the prisoner at the police court—she said, "Whatever sentence I shall get I hope I shall have it to-day; whatever I done maliciously I done in my sleep; I do not care what sentence I get as long as my husband or any of my family don't get disgraced owing to my condition. The policy would not cover it because it is not made out properly."
HARRY WOOD . I live at 19, Cornwall Road, Peckham—on September 14th, 1902, I was in Cornwall Road at 7.50 a.m.—I saw smoke coming from a shop at No. 6; I heard a female voice inside the gate say, "Open the gates and let me out"—there are some carriage gates into a yard next to No. 6—I got a hammer and broke the lock and opened the gates—I saw the prisoner inside—she had a baby in her arms; she was fully dressed; she seemed a little bit confused—I asked her if there was anybody in the house—she said, "No"—I asked her where her husband was; she said he had gone out to work at 5.30—I left her to go into a dairy opposite—I broke the fire alarm and some constables came.
I was called to 6 Cornwall Road—the shop was on fire—I found some of the members of the Fire Brigade there—I saw the prisoner in the road opposite the shop—I asked her how she accounted for the fire—she said she could not say, that her husband went to work at the tram yard Old Kent Road, between 5 and 6, and that she came down shortly afterwards to get some sweets for the child—she appeared to be perfectly calm—that was about 8 o'clock.
Cross-examined. She took the thing quite as a matter of course, as far as I could judge.
JAMES ROVILIARD . I am district officer of the Fire Brigade at New Cross—on September 14th, 1902, I received a call at 7.41 a.m.—I went to 6, Cornwall Road, and found the shop there alight—I saw the prisoner in a house opposite—I asked her how the fire occurred, and if she could give any account of it; she said she had come down about 5.30 to let her husband out to work; that she had gone behind the counter to get some milk for the baby; that she had lit a match, and had probably dropped it; that she discovered the fire by the smoke coming into her bedroom, after she had gone back to bed again—I do not know if she said she Lad gone to sleep—I went over the premises—I looked at a door on the first floor communicating with part of the next house—she said she had gone out by it—it is a wooden door nailed up from her side—it opened on hinges towards her premises—when I saw it, it had been forced open; there were seven or eight nails each four inches or five inches long; they had all bitten into the wood work, and one went into the floor as well as the framework—there was a space of about half-a-inch between the bottom of the door and the floor—the prisoner said she had pulled the door open with her fingers from underneath the bottom—there were a few marks on the side of the door, and a small chopper was there; there were no marks at the bottom—I do not think it possible for a person to force it open In putting their fingers under the door, without assistance from the other side—I asked the prisoner if the were insured; she said yes, but she did not know the office, as her husband transacted the business.
Cross-examined. I came to the conclusion that it was impossible for her to have done what she said she did—she said she had waked up and found the room full of smoke—in the ordinary way that would considerably lessen a person's power of resistance—it would have taken the strength of a powerful man to have opened the door.
ALFRED JONES . I am an officer in the Salvage Corps—on September 14th, 1902, I was called to 6, Cornwall Road—I got there about 8 a.m.—after the fire was out. I was left in charge of the promises—I found that the shop and staircase had been severely damaged; it appeared to be all one fire—the prisoner said that it originated behind the counter, and I think that it had done so; it had spread round the shop, and gone up the staircase—I saw the prisoner again about 9 a.m.—I asked her how the fire might have been caused; she said her husband went to work about 5 a.m.; that she went downstairs to fasten the door after he had gone out; she said she then went behind the counter to get some milk or sweets for the baby; that she struck a match, the shop being dark; that she then
went upstairs and went to bed again; that she was awakened by the smell of smoke, and got up and found the shop was on fire; that she got a chopper and forced the door into the next house, as it was only nailed up—by going through the door you can get into the yard next door—I asked her where she was insured—she said she had a policy with the London and Lancashire, and also with the National Union Society—I afterwards examined the door which she said she had forced; it had been nailed by seven or eight five inch nails, driven into the frame; it had marks of having been forced—I saw a chopper lying on the floor near the door.
Cross-examined. Under ordinary circumstances, I think it quite possible for her to have forced the door, but the room must have been full of smoke, and when a person is half choked with smoke they have not all their ordinary power—in my opinion,' with the smoke in the room she would be quite unable to force it.
FREDERICK HOWARD ROGERS . I am a member of the firm of Rogers Brothers, auctioneers and estate agents, 2 Rye Lane, Peckham—on June '3rd, 1902, the prisoner called with regard to taking some premises at 6, Cornwall Road—she agreed to take them on behalf of her husband at 12s. a week, from June 16th, 1902; she is the only person who appeared" in regard to them, but she said she was acting for her husband—the building is insured in the London and Lancashire Insurance Company for £100—we accepted £40 from the company in discharge of the damage done on September 14th.
ARTHUR HOLT . I am an estate agent, of 18, Denmark Street, Charing Cross Road—on March 27th the prisoner called in relation to 67, East Street, Newington, which we had to let—she agreed to take them, and on March 30th she paid a deposit—on April 3rd she went into occupation, it was first intended that her husband should take the premises, but on being written to and asked to sign an agreement, the prisoner explained he had gone away, and could not appear, and as the tenancy was to commence almost immediately, she decided to take the tenancy herself—I understood that the husband had gone to Ireland—this (Produced) is the agreement signed by the prisoner, dated April 4th, 1903—it is addressed to 75a, Camberwell Station Road—she was to pay His per week—that was regularly paid up to the Monday preceding the fire—I did not know that 67, East Street, was known as 76, King and Queen Street—the damage done by the fire on July 4th was estimated at £14 15s., and that was paid by the London and Lancashire Fire Office.
Cross-examined. There is a door in King and Queen Street; next to 74. which, in the ordinary way, would be 76—we have had 67, East Street upon our books for about five years—I have never known part 1 the premises only let—I do not think it would be possible, because the shop has no sanitary arrangements—the shop might be let if the persons lived elsewhere, but the communicating doorway would have to be locked up.
24th. 1902, a policy was effected by a Mrs. Anderson upon the household goods at 6, Cornwall Road, Peckham, for £200; this is the application for the policy, the description of the house was given as a private dwelling house—nothing was said about any shop or business being carried on there—the policy was issued to the prisoner, and I saw her—it would be effective from June 24th, the premium was 4s.—on September 16th. A claim was received at the office in relation to a fire upon the premises, it purported to show what articles had been destroyed by the fire, it gives a number of details to the aggregate value of £58 4s. 9d.—on the back, in answer to the question there printed, as to the cause of the fire, the answer is, "Supposed to be a match." and "(Q). Were there at the time of the fire any existing insurances with other offices? (A). No. (Q). Has there been any previous fire? (A). No"—that purports to be filled up by E. Anderson—shortly after that had been sent in, the prisoner called at the office in relation to the claim—I saw her, there were some negotiations between her and the office as to what would be a proper sum to be paid for the damage, she agreed to £30 in relation to her claim of £58—this is our cheque endorsed by her—we were not aware at that time that there was a policy in the National Union Office upon the stock-in-trade and the trade utensils—the statement is made twice over in this document that no such policy existed—a fire was reported to us as having taken place at 70, King and Queen Street, on May 30th—at the time the claim was made, we did not know of any identity as between King and Queen Street, and 07. East Street—we discovered it afterwards—the claim for that fire works out at £12 0s. 6d.—at the back, there is, "What was the cause of the fire, and under what circumstances did it occur? (A). A pair of window curtains was put up before the fire to air on the backs of two chairs and very likely a spark from the fire caught them. (Q). Was there at the time of the fire and other existing insurance? (A). No"—that is signed by Mrs. Anderson—there was some little hitch about the amount—our assessor did not value the loss at anything like £12 0s. 6d.—we received this letter from Mrs. Anderson, dated June 6th (This stated that she could not accept the £4 5s. at which, the office valued the damage; that a coat which before was only a little the worse for wear was now only for the rag shop, and that if it had not been for her own energy, she would have been burnt out.)—this is an undertaking (Produced) dated June 12th, agreeing to take the £4 5s. in settlement of the claim—this is our cheque of June 17th. 1902. for that amount—it was June 3rd, 1903, when this claim was being put forward by Mrs. Anderson, and when the policy was transferred to 07, East Street; by that time we had discovered that 07, East Street, and 70. Kin and Queen Street, were one—on June 15th, 1903, our office cancelled the policy, it would have terminated on June 24th, 1903—I saw the prisoner again in connection with the cheque which was paid to her; by a clerical error, it was made out for £4 instead of £4 5s. she brought it to the office—we rectified it and gave her a fresh cheque for £4 5s.—to the best of me belief the signature "Elizabeth Jane Anderson" on this document is identical with the signatures on our forms—the cheques were made out to Mrs. Anderson, and the endorsement
on them, although not exactly all alike, are in the same writing as this.
HENRY GEORGE COX . I am an agent of the National Union Insurance Society, and live at Bousfield Road, New Cross—on July 28th, 1902, the prisoner called upon me and made a proposal for fire insurance upon the stock-in-trade of a grocer and general dealer in a shop at 6, Cornwall Road, for £100—she gave the name of the insurer as Thomas Anderson, grocer, 6, Cornwall Road, Peckham—I asked her if she was insured with another society, and she said "No"—I sent on the proposal to the National Union Society.
Cross-examined. The answer that she was not insured in any other society was not put on the form in writing.
WILLIAM BURD . I am a clerk in the National Union Society, which has its head office at Bedford—this proposal having been forwarded from Mr. Cox—this policy (Produced) was issued on July 29th, 1902, to Mr. Thomas Anderson, of Cornwall Road, Peckham, for £100 for the stock and trade utensils—it would expire on June 24th, 1903—the premium was 2s. 6d., which was paid—a fire was reported as having occurred on those premises, and a claim made out in relation to the burnt stock for £28 9s. 2d.—I do not remember the dates—there were some negotiations, and eventually £22 10s. was paid to Mr. Anderson—this (Produced) is the cheque—it was sent to Mr. Dodd, our assessor—it is made payable to Mrs. Anderson, and it is endorsed by her—on April 28th, 1903, the policy was removed so as to cover 67, East Street, and vested from that date solely to Mrs. Anderson—that policy lapsed on June 24th, 1903—I remember the prisoner coming and seeing me at the London office at 77, King William Street—she wanted a new policy, and one was issued to her dated June 17th, 1903, on the household goods for £100 at 76, King and Queen Street—that would be effective from June 24th, 1903, to June 24th, 1904—she called more than once and put herself forward as being interested in the case.
HENRY EAMES . I am local agent for the Atlas Insurance Company, and live at 135, Hill Street, Peckham—on April 15th the prisoner called on me, and made a proposal to insure the household effects and the stock and fixtures, £200 on the household effects, £80 on the stock, and £20 on the fixtures—I wrote down her answers to me—I asked her if she had had any previous premises destroyed by fire—she said, "No"—she signed the document in my presence, and I sent it forward to my office as a basis for a policy—I did not then know of the fire of September 14th, 1902, or that there then existed two policies on the premises; one in the "London and Lancashire, and one with the National Union—a policy dated April 15th, 1903), was issued by us current to March 25th, 1904, for £300.
JOHN PETER AMER . I am an assessor to the London and Lancashire Fire Office—on September 14th, 1902,1 went to 6, Cornwall Road, Peckham, in order to see the damage done—the claim was for £58 odd—I received £30 in full settlement, that in-my opinion was ample—there was also a fire at 67, East Street, on May 30th—I went and saw what had been
damaged—the claim was for £12—I recommended £4 5s., which was paid—I saw the prisoner when I went about the May fire—I had some conversation with her about the cause of the fire—she said that some things were hanging round the fire to dry, that she went into the wash house and returned and found the things on fire—we did not agree as to the price to be paid, that is not unusual—she put forward her arguments in support of her price and afterwards wrote to the Company—as far as I could see the whole thing was conducted on a perfectly business basis.
By the COURT. Only clothes were burnt on that occasion.
Evidence for the Defence.
THOMAS ANDERSON . I am thirty-five years of age, and am the prisoner's husband—my father was a farmer in co. Antrim, Ireland, and Mr. Bell, a farmer on an adjoining farm, was my wife's father; she and I were children together, and in March, 1901, I married her—we remained in Ireland for six months, and then came to London, where I got employment, and am still employed by the London County Council—subsequent to our marriage I found that my wife had fits; she would be in a dead faint and remain in that condition for five or ten minutes, and then would be in a queer condition for a day or two afterwards—the fits were more common before the first child was born, on January 24th, 1902—she had some very severe fits at that time—I remember coming in from work and she was lying on the floor in an hysterical condition between laughing and crying, and she was foaming at the mouth—that baby is our second child, and was born six weeks ago—at that time there were some similar fits—I remember the fire in September—I go out to work on Sundays at 6.40 a.m.—I returned at 12.20 p.m. and found the place burned out—I saw my wife at a house across the road and asked her what was the cause of it—she said she did not know; that she barred the door after I went out and then went to get something for the child; that she lit a match as the shop was in darkness, and then went up to bed and to sleep, and did not know any more until the house was full of smoke—she was in very poor health at that time, that was after the birth of the child—in December we went to East Street, she was in a very poor state of health then, she had influenza and fainting fits—she did all the business in the shop—I was never short of money since we came to London—my wages were 28s. 9d. a week—I had some property coming to me in Ireland on my father's death—I have not been in debt or monetary difficulties at any time since my marriage—I remember my wife's last confinement, she said the child was not hers., and that she thought somebody had taken her child away—her demeanour with regard to it was rather curious.
Cross-examined. Our first child was born in January, 1902—my wife had recovered from that by September 14th—at that time I was a horse keeper in the London County Council and was earning 26s. a week—my wife was carrying on the shop then—I did not know that she had taken out a policy with the London and Lancashire; she did not tell me that—I knew she had taken one out with the National Union in my
name—she got my consent to it before it was done—September 14th was eight months after her first confinement, and eleven months before her second—she told me the fire on September 14th was accidental—I accepted her statement as to the cause of the fire—I know that my wife did not go down stairs to see me out at 3.30 a.m.—I believe I first heard she had said that at the police court—I do not think I heard of it in September—I cannot say whether I said I had heard of it in September—I think I first knew of the claim on the London and Lancashire when I came home and found the place burning—I did not know of it before the fire—I knew of the claims being made on the Companies by my wife, and I received the money; my wife made them out with the assistance of the salvage man—I think it was me who wrote them out—I never said the fire was caused by a match which I had dropped—I have no doubt that it was an accidental fire—my wife was always in a queer state since I married her—I do not remember what assistance she gave me in the preparation of the claims, I knew what I had invested in the shop—I did not know of the policy that my wife took out with the Atlas until I came back from Ireland on July 11th—I did not know of the transfer of the policy in the National Union—I was not at East Street when the fire occurred on May 30th—I went to work about 7.30 or 8 a.m.—I do not know anything about the claim for £12 0s. 6d.—it was the same insurance that I had got the money on before, but I did not know it was in force—I left everything connected with the shop to my wife—I thought she was able to manage it—I did not make any inquiry from my wife about the fire of May 30th, as to whether there was any insurance effective—I think the whole of the claim is in my wife's writing—I was away at work from 6.30 a.m. till 6 p.m., except for meals; during the whole of that time my wife was left to manage the shop—I did not know that on. June 17th, 1903, the London and Lancashire policy was cancelled, or that on that day a National Union policy was taken out, which would be effective until June of next year—as far as I knew there was no insurance on the premises, and I did not ask my wife if there was—I do not know when I told my wife that I should take my holidays on July 2nd—I had not at first intended to go away on July 1st—I went direct from my house to Euston—the partition on the stairs was sawed off to allow a chest of drawers to go upstairs; that was done about a week before I went away—my wife did it while I was out, and when I came back I helped her up with the chest of drawers—when I left for Ireland the condition of the house was normal—there was nothing in it to excite my attention—some days my wife was ill and had to shut the shop and go to bed—I was not a witness before the Magistrate—it is since ray wife was admitted to bail that a doctor has seen her.
JOHN WILLIAM COLES . I am a duly qualified medical practitioner and practice at 105, Camberwell New Road—on August 6th I attended the prisoner in her confinement, when she was delivered of a male child—she was very strange and reserved in her manner, and seemed to have no affection for the child—a short time after its birth she said it was not her child, and that it had been changed—I thought she was in a very
strange state of mind—on the second day I found her running about the room in her nightdress—I ordered her back to bed—I asked her what she was doing; she said she did not know—I asked her if she was looking for anything; she said, "No, nothing"—at times I did not consider her responsible for her actions—I have seen a report made by Dr. Andrews on the condition of the prisoner—I was present when the examination was made—I agree with the report.
By the COURT. I am a licentiate of the Apothecaries Society.
Cross-examined. On August 7th the prisoner was out on bail.
Re-examined. I have had thirty years' experience as a medical man.
HENRY RUSSELL ANDREWS ., M.D., M.R.C.S., M.R.C.P. I practice at Cavendish Place as an obstetric specialist and assistant obstetric physician at the London Hospital—at the request of the solicitor for the defence I, in conjunction with Mr. Coles, saw the prisoner on August 18th; she came to see me—I also had a conversation with Mr. Coles sis to his attending her at her confinement—I found her to be in a dull, listless, apathetic condition, and it was very difficult to get anything out of her—she did not seem to take any interest in her case—she knew I was trying to get evidence which would be in her favour—I heard from her husband of the fits from which she had suffered—I do not think I heard until to-day that she had suffered from influenza; that is the most depressing known disease; it might have an effect upon her mental condition—patients whose nervous system is easily upset in any way. As hers evidently was, are very frequently eccentric, peculiar, and even quite insane during pregnancy, and not responsible for their actions—that non-responsibility would be consistent with her having business faculties at other periods—there are cases of insanity arising from pregnancy, and consistent with a perfect mental condition both before and after intervening periods—the prisoner told me that when she reached the middle of her pregnancy she became ill and depressed, and had been so ever since; she said that was when she first felt the movement of the child—she said she had smelt bad smells about, which her husband did not smell—she said to destroy them she had put down lamp oil, because she thought it was a healthy smell—she said she was certain the baby was not hers; that it had been changed, and that she would destroy it—that was the only time she was at all interested in it; she was almost violent upon that point—she seemed to me to be of low intellect: it is very difficult to give any general statement as to the length of time that the effect of insanity arising during pregnancy may remain on the brain; if a patient during her pregnancy becomes insane, she will probably not become sane for some months after her delivery.
Cross-examined. August 18th is the first and last' occasion that the prisoner visited me—I do not know if that was the day that she was committed for trial—she was accompanied by her husband and Dr. Coles, who. I understood, had been in attendance during her second confinement, which took place on August 6th—I do not know for how many days attended he—I found that the prisoner had had fainting fits, and 1 considered they were minor epilepsy; fainting fits are strong evidence of
epilepsy—it occurred to me that the prisoner might not be the best person to give me a good account; that her husband might have an interest in her, and that Dr. Coles had only seen her at the outside for ten days.
Re-examined. I know of no way of inquiry into the state of persons' mind except asking questions of those who know them, and ascertaining the circumstances generally attending the persons.
GUILTY. The Jury considered that she was influenced by her husband.
Three years' penal, servitude.
ADJOURNED TO MONDAY, OCTOBER 19TH, 1903.