CENTRAL CRIMINAL COURT
TWELFTH SESSION, HELD OCTOBER 19TH, 1903
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
MESSRS. BARNETT AND BUCKLER.
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
STEVENS AND SONS, LIMITED. 119, CHANCERY LANE.
Law Booksellers and 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,
Before the Right Hon. SIR MARCUS SAMUEL , Knight, LORD MAYOR of the City of London; the Hon. Sir JOHN CHARLES BIGHAM , Knight, one of the Justices of His Majesty's High Court; Sir REGINALD HANSON , Bart., M.A., LL.D., F.S.A.; and Sir WALTER WILKIN , K.C.M.G., Aldermen of the said City; Sir FORREST FULTON , Knight, K.C., Recorder of the said City; Sir WILLIAM PURDIE TRELOAR , Knight, THOMAS VEZEY STRONG , Esq., DAVID BURNETT , Esq., and WILLIAM CHARLES SIMMONS , 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 Goal Delivery, holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT
SAMUEL, MAYOR. TWELFTH SESSION.
A star (*) denotes that the prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, October 19th, 1903.
Before Mr. Recorder.
770. ARTHUR HEPBURN (28), PLEADED GUILTY to stealing, whilst employed under the Post Office, three postal orders for 5s., 1s. 6d., and 3s. 6d., out of post letters, the property of the Postmaster-General. Nine months' hard labour. —
(771). JOHN BONNEYWELL (33) , to stealing, whilst employed under the Post Office, a letter containing 50 sovereigns and 20 half-sovereigns, the property of the Postmaster-General. Six months' hard labour. — [Pleaded guilty: See original trial image.]
(772). JAMES WILLIAM BAGNELL , to stealing, whilst employed under the Post Office, twelve post letters, the property of the Postmaster-General. Six months' hard labour — [Pleaded guilty: See original trial image.]
(775). GEORGE RANDALL (26) to attempting to break and enter the warehouse of William Henry Cheeseborough with intent to steal; also to being found by night with housebreaking implements in his possession without lawful excuse. Eighteen months' hard labour. [Pleaded guilty: See original trial image.]
MR. J. O'CONNOR Prosecuted; and MR. HUTTON Defended.
During the progress of the case the prisoner said that he was guilty of unlawfully wounding, and the Jury returned that verdict. The prisoner agreed to pay the prosecutor £30 as compensation for loss of his eye, which was destroyed by the butt of the prisoner's whip. Discharged on his own recognisances.
777. JAMES RIMER (45) , Stealing whilst employed under the Post Office a postal letter containing twelve halfpenny postage stamps and a postal order for 15s., the property of the Postmaster-General, and EDWARD HITCHCOCK (50) receiving the same, well knowing them to have been stolen. RIMER PLEADED GUILTY , and also to stealing a post office letter containing a postal order for £1 10s. 2d., the property of the Postmaster-General.
MR. BIRON Prosecuted.
ARTHUR ALDRED . I am a railway clerk. On September 28 I purchased a postal order for 15s.—I took a note of the number—this (Produced.) is the order—I made it payable to the Regal Shoe Company; it was in payment of an account—I posted it with twelve halfpenny stamps on September 29.
WILLIAM JOHN VIOLET . I am an overseer at the General Post Office—a letter posted as Mr. Aldred posted his would arrive at the Central District Office at 2.15 p.m. on September 29th—Rimer was on duty there as a sorter on that day, and would have access to that letter.
ANNIE HAMMOND . I am sub-postmistress at the Goodwin Road Town Post Office, Forest Gate—on September 29th, about 7 p.m., Hitchcock came in and presented a postal order for 15s.—I noticed that these three stamps had just been stuck on, they were hardly dry—I pulled one of them up and saw the name to whom it was made out—I noticed that that name did not agree with the name "A. Wall," which is written in afterwards—I refused to pay it, and gave it back to the prisoner—he went out, and I gave instructions that he should be followed—about ten minutes later Rimer came in, bringing the same order—I did not pay it, I kept it, and he went away—shortly afterwards Hitchcock again came in and asked me for the order—I said I had not received any order from him, and, therefore, I could not give him one back—he was a bit cross about it, and then went out—I reported what had happened to the Post Office authorities—when Rimer came in I noticed that he had on the same coat and hat that Hitchcock was wearing when he came in, and when Hitchcock came back the second time he had the same coat and hat on again.
WILLIAM JAMES CREAMER . I am a postman—on September 29th I was instructed by the last witness to follow the prisoner from the post office—he went to the public house outside the post office and joined Rimer, who was in a postman's uniform—they stood outside the public house for about a minute, when they went into the urinal attached to it—just as I got in I saw them changing coats and hats—they came out, Rimer was then wearing the private coat and hat—he went to the post office—I saw him leave there and join Hitchcock outside the public house again—they went into the urinal again and changed coats again—I did not go into the urinal a second time; I saw them come out.
Mr. Stevens—when charged, he said, "All right, he gave me the order to change, but they would not change it, and I gave it back to him"
JOSEPH GEORGE STEVENS . I am a clerk in the General Post Office—on October 6th I was making inquiries about a postal order which was stolen on or about September 29th—on October 6th Hitchcock was brought to see me at the post office by Brooks—I cautioned him, and told him who I was—I said, "The prisoner Rimer, in whose company you have been lately, has been charged to-day in respect to this postal order"—that was Mr. Aldred's order.—"it is the postal order which you took to the post office on September 29th. You were seen to meet the post-man Rimer; you exchanged coats and hats with him; do you wish to say anything about it?"—he said, "Quite right; he asked me to change it; I went to change it, but they would not do so, so I gave it back to him; I have changed about seven or eight postal orders for him"—I had 29 postal orders which had been traced to Rimer—I then showed him three orders, and said, "These three orders have been stolen from post letters, besides others I have here; I suppose you know where he got them from?"—he said, "Yes, he got them from letters"—I showed him the 29, and he selected seven or eight as those which he had received from Rimer and cashed himself—the earliest date was July 4th—he said, "I changed those for him, and some others which I do not remember"—the eight were all made out in different names.
The prisoner Hitchcock. "I passed the orders and gave the money to Mr. Rimer."
HITCHCOCK— GUILTY . Six months' hard labour. RIMER— Nine months' hard labour.
MR. GODWIN Prosecuted.
ARTHUR POLLARD (597 Y.) At 8.40 a.m. on September 5th I saw the prisoner begging from house to house at Muswell Hill—I told him I should take him into custody—he said, "God blimy you will, I will put this through you"—he had this table knife (Produced) in his hand—I do not know where he took it from—he made a running stab at me, and struck me under my ear—I took my truncheon out, but before I had time to strike he stabbed me; the knife went through my cape and on to a tobacco box which was in my waistcoat pocket; there is a dent in the box now; it was not there before—he struck at me again, but I stepped back, and he missed me—he then ran across to Lawrence, who hit him across the head—I tried to get the knife away from the prisoner, but he was so violent that I had to hit him across his knuckles before he dropped it—at the station he made no reply—I had heard him asking for a few coppers or a piece of bread at a shop.
WILLIAM LAWRENCE (723 Y.) I was on duty at Muswell Hill on September 5th about 8 a.m.—I saw the prisoner calling at houses asking for assistance—he got some bread at a shop—I saw him strike twice at Pollard, and apparently cut his cape—I was just behind Pollard—the prisoner
then ran across the road to me—he struck me on the back of my hand with his fist.
EMMA HOWES . I live at 2, Adams' Cottages, Muswell Hill—on September 5th I saw the policemen struggling with the prisoner on a piece of ground outside my house—I asked the policemen not to hit the prisoner, as I thought they had got him, but I then saw a knife drop from the prisoner's hand.
Prisoner's defence. I did not strike at the prosecutor, he ran against the knife; I was cutting a piece of bread, and he ran against it; I lost my temper a bit the same as they did.
GUILTY . Nine months' hard labour.
NEW COURT.—Monday, October 19th,' 1903.
Before Mr. Common Serjeant.
779. JOHN GRAHAM (58) PLEADED GUILTY to having feloniously made and counterfeited 264 florins and 25 half-crowns. He had been twice previously convicted of felony. Five years' penal servitude, and to pay the costs of the prosecution. —And
(780). GEORGE EDWARD ADAMS (19) and GEORGE ROBERT BURTON (19) , to stealing a bag, a purse and 19s. 3d. in money from the person of Annie Rogers. Twelve months' hard labour. [Pleaded guilty: See original trial image.]
MR. WILKINSON Prosecuted.
ELIAS BOWER (Police Inspector S.) On the afternoon of September 12th I was in Tottenham Street, Tottenham Court Road, keeping observation with Sergeants Gregory and Seymour—I followed the prisoner and two other men from Tottenham Street to Cleveland Street and Great Portland Street—the prisoner and another man went into the Masons' Arms beer house in Cleveland Street—the third man left them and went into Fitzroy Square, where he was arrested—having entered the Masons' Arms with the other officers the two men were arrested and taken to the station—I searched the prisoner and found in the inside pocket of his jacket this purse containing five counterfeit half-crowns and fourteen counterfeit florins, folded separately in paper as they are now—I asked him for his name—he declined to tell me—when I opened the purse and saw the paper in it, before I spoke he said, "I can account for the possession of that stuff; it was given to me to mind."—I said, "Who gave it to you?"—he said, "I decline to tell you his name"—the next day, in reply to the charge, he said, "Yes, that is right, but I did not utter it"—I said "We have taken possession of a mackintosh that you left at the Masons' Arms"—he replied, "Yes, I gave it to the landlady to mind"—I said, "In the pocket we found these two pieces of paper, which are similar to that in which the coins are wrapped"—he said, "That may be so, as I had the purse in the pocket of the mackintosh, but when I gave it to the landlord I took the purse out and put it in my jacket pocket."
Cross-examined by the prisoner. I had not put the coins on the table when you said, "I can account for that stuff"—the purse fastening was broken off—the paper could not have fallen from the purse without the coins.
THOMAS GREGORY (Detective S.) After the two men had been taken to the station I went back to the Masons' Arms, where the manager; Peppercorn, handed me a mackintosh—on examining it I found these two small pieces of brown paper—I helped to search the prisoner at the station—in addition to the coins I found a sovereign, 5s. in silver, and 2 1/2d: bronze, good money, and a knife, a cigarette case, and a silver match box, with the name of "T. Hoare" on it.
JAMES PEPPERCORN . I manage the Masons' Arms for my father, who is the agent—on September 12th the prisoner was in the bar—he handed me a coat to mind about 4 o'clock, when he went out to see a friend—I put it in the room—I had known him about a week previously.
WILLIAM JOHN WEBSTER . I am Inspector of coin to His Majesty's Mint—these coins are counterfeit—twelve of the fourteen florins are from one mould and two from another—the five half-crowns are from one mould—counterfeit coins are usually wrapped in a long slip, but these are wrapped in separate pieces of paper—it has the same effect, it keeps them bright.
The prisoner's statement before the Magistrate. "I received the parcel of coins about three-quarters of an hour before I was charged. I put it in the mackintosh pocket, then I took it out and put it in my breast pocket; I asked the publican to mind the coat while I went away to see a friend."The prisoner in defence repeated this statement, and added that he never intended to utter them.
GUILTY . Eight previous convictions were proved against him. Five years' penal servitude.
OLD COURT.—Tuesday, October 20th, 1903.
Before Mr. Justice Bigham.
MR. MATHEWS and MR. A. GILL Prosecuted: DR. COUNSELL and MR. FREEMAN Defended.
JOHN DOWNS . I live at Dan's lodging-house, Smithfield—I know the prisoner—in September I was in Kent with him hopping—I knew the deceased—I did not see her hopping—the prisoner did not tell me where she was—he and I returned from Kent on September 19th—on Sunday September 27th, he spoke to me at the top of Mansfield's Buildings, between 11 and 12 o'clock—he said he expected to go back to his old job on the Monday, and while he had a few halfpence he would like a penknife for the use of his work—he is a tarpaulin and rope maker—I went with him to Julius' barber's shop, where he gave me 1s. to go in and buy a knife—I went in and bought this one (Produced)—I gave it to him when I came
out—I saw the deceased during the week—I did not see her with the prisoner.
Cross-examined. The prisoner required a knife for his work, I think for cutting the ends of tarpaulins—he had left his job because he had broken his ankle—he was to be taken back—I have never seen him under the influence of drink—on the Monday he had a drop in him—he seemed to be under the influence of drink, then.
Re-examined. He had not been to work on the Monday—I was sent into the shop because the prisoner is a chap who does not like going into any shop to buy anything—I do not know why.
CHARLOTTE WEAL . I am single, and live at 14, Wells Street, Whitechapel—in the evening of September 28th I was in Cable Street with Catherine Gilby—about 9 p.m. we met the prisoner and went together into the Crown—I am twenty years old—I called for and paid for some refreshment—the deceased stayed in the public house for about five minutes, when she went out suddenly, without finishing the beer—I remained there with Catherine Gilby—the deceased returned about 10.10—she had gone out about 9.55—she had been with us for a tidy while—when she returned she was bleeding from her throat—I called out, 'Kate, Kate,"—the deceased said, "Kate, Kate," also—I was speaking to Gilby—the deceased fell down—shortly afterwards the police came and took her away—she was sober while in the public house.
Cross-examined. She might have returned at 10.20, and not at 10.10—I did not hear any quarrelling or noise while she was out.
JOSEPH CHURCHILL (114 N.) On September 28th I was in Denmark Street—at 10.5 p.m. I heard screaming in the Crown—I went there and found a young woman lying on her back in the middle of the bar—I picked her up and plugged a handkerchief into the two wounds in her throat—she had one in front and one at the back—I took her to the London Hospital in a van—she was alive when I put her into it, but she died about four minutes afterwards.
HAROLD ROWE JEROME , M.R.C.S. On September 28th I was house surgeon at the London Hospital—I remember the deceased being brought in by the police at 10.20 p.m.—I examined her—she was dead, but the body was still warm—I found some wounds on her neck—there' was one in front, 5 1/2 inches long, deeper on the left side than on the right; on the left side it opened up the carotid artery and the jugular vein—from the right extremity of the wound, separated from it by a thin band of skin, was a wound 8 inches long, which ran round to the left side of the neck, at the base of the skull; I inches below the wound in front was another wound 2 1/2 inches long, which simply divided the skin—there was another wound on the left side of the face, I inch long, externally—on the base of the right thumb there was a wound 1 1/4 inches long, and on the right forefinger there was a wound 1 inch long—the blouse was saturated with blood—on September 29th I made a post-mortem examination, and ascertained that the cause of death arose from hemorrhage from the wounds in the neck—this knife could have caused them.
Cross-examined. Great violence must have been used to cause the
wounds—to inflict them the knife must have been grasped at the base to prevent the blade turning.
WILLIAM PARNELL . (256 H.) At 10.10 p.m. on September 28th I was in Ship Alley—that is about 200 yards from the Crown—the prisoner came up to me and said, Governor, take me to the police station, I have stabbed a young woman with a knife"—I said, "Where?"—he said, "At the top of Denmark Street and Cable Street"—the Crown is a corner house—he said, "I dropped the knife in Cable Street"—I cautioned him and said that if the statement proved true, I might use what he had said against him—he replied, "All right"—I went with him to Denmark Street, and then to Leman Street Police Station—on the way he said, "I done it in a fit of temper, and directly I done it I ran to you, gentlemen; I saw her drinking in the public-house with several other women, and as I thought I ought to have her company, I called her outside, and when she came outside I stabbed her with the knife, and I shall have to suffer for it"—I asked the deceased's name, and he said, "Annie McCarthy," but that she was no relation to him—he appeared to be sober and rational—when he came up to me I noticed that his clothing was saturated with blood, and there was blood on his left hand—when he came up to me he was running.
Cross-examined. He was then out of breath and rather excited.
JOHN CURZON (153 H.) On September 28th I was in Cable Street when the prisoner was being taken to the station—as he passed me he said, "I dropped the knife in Cable Street"—I searched the street and found this knife—it was covered with blood—the larger blade was open—it was about twelve yards from the Crown that I found it.
THOMAS JONES . I am Divisional Surgeon to the H. Division of police—about 12 p.m. on September 28th, I was summoned to Leman Street Police Station—I saw the prisoner there—he was sober, but in a somewhat dazed condition—on his right thumb he had a small transverse wound—it was fresh—his clothes were saturated with blood.
Cross-examined. I don't think the cut on the thumb would be caused when he was cutting his nails; it is possible, but the direction did not suggest it—I asked him how he got it he said that he was playing with a knife about 3 p.m., and had cut his finger with it.
FREDERICK WENSLEY (Detective H.) About 1.30 a.m. on September 29th I went to the cell occupied by the prisoner—he said, "I wish you would go to my old governor and let him know the trouble I am in; it is the first time I have ever carried a knife in my life; I bought it on Sunday last; I saw it in Julius' window, and sent Jack Downs in to buy it for me"—he seemed rational and sober.
Cross-examined. He knew then that the girl was dead—I had heard nothing then about Jack Downs, or of any purchase of a knife by him—I did not think it odd that he should ask me to go and see his employer at 1 a.m.
Evidence for the defence.
Cable Street, St. George in the East—part of my duties is to conduct an evening club in Cable Street—I have known the prisoner for between three and four years—I do not know if he is a hard working boy—on September 28th I saw him at the club at 7.30 p.m.—I thought he had been drinking—I gave him a lecture about it—he said that other people had offered to treat him, that he was out of work, and that people gave him beer and would not give him anything to eat.
Cross-examined. The conversation lasted about five minutes.
By the COURT. He knew what he was talking about, and was able to answer intelligently.
LAURA SMITH . I live at 47, Lower Chapman Street, Commercial Road, and am employed by Burroughs, Wellcome and Co.—I assist in the management of this boys' club—I have known the prisoner for about a year—he is a member of the club—I thought he was a respectable boy, and think so now—on September 28th I saw him at the club at 6.45 p.m.—he was what I should call quite drunk—I do not think he was accountable for his actions—I heard the conversation that he had with Mr. Iselin—he answered intelligently—he was not raving, but he did not know what he was doing—he said people would give him drink when they would not give him anything to eat—his thumb was cut and bound up with a piece of rag—I asked him what he had done; he said he had cut it, and would I bind it up; I did so—I asked him if anyone had a knife, and he said he had—he did not say where he got it—he was not playing with it while in the club—he left about 9.30—he had nothing to drink while he was there—we have a vaulting horse in the club and he went over it two or three times and hurt his shin—he conducted himself quietly and soberly while he was there.
Cross-examined. I spoke to him on and off for about half an hour.
WILLIAM GEORGE TOMLINSON . I am a tarpaulin manufacturer, of 13, Berners Street, Commercial Road—the prisoner has been in my employment for a year or two—he was a good lad—his mother was in the same employment for about ten years—she is with me now—the prisoner left me on August 1st—I understood that he had fallen down and dislocated his ankle—I did not dismiss him—about September 21st he applied to me to take him on again—I promised to do so on the first opportunity—he dresses tarpaulins and was a general hand—he was not an expert hand—he did the rougher class of work—he would cut rope into lengths—he is not of the highest order of intelligence—I should not call him a Mr. Chamberlain—I have seen a strange look on his face when I have been talking to him and explaining things—I did not attach importance to it then.
Cross-examined. He did his work thoroughly—he was quite sober—I understood he was a teetotaler—I have never seen him the worse for drink.
Re-examined. A knife would be necessary for him in his work—if he had not got one of his own he would have to borrow one, and men working together do not like lending knives.
By the COURT. No date was fixed for him to come back to me—it was to be within a week or two.
about four years old he got knocked down and had his head cut open at the back—I took him to Moorfields Hospital—after that he was a bit foolish at times, and it affected his eyes—he complained of his head sometimes—he was treated at Moorfields Hospital for that when he was about six—he is a bright boy—my father died in Colney Hatch—he was sent there by the parish authorities from Whitechapel—he was then forty-five years old, and he died about two months after he went there—my brother Jeremiah has been off his head, and has been in Bartholomew's hospital.
Cross-examined. The prisoner began to earn his own living when he was about ten, and continued to do so up till now.
MARY ANN MCCARTHY . I am the prisoner's mother—I work for Mr. Tomlinson—the prisoner worked there also as a dresser—he broke Ms ankle on Bank Holiday Sunday—he always used a knife for his work—he has never been in any trouble with the police before—when he was one year and eleven months old he was knocked down—he did not drink much; he was a sober and well-behaved lad.
JEREMIAH MCCARTHY . I am the prisoner's uncle—I have known him all his life—he was not in his right senses when he had any ale—he did not have much to drink—I have only seen him the worse for drink about three times—I have been mad three times—I used to drink—I was treated in Bartholomew's Hospital three times—I had not been drinking for a long time before I went there—I was queer, and after I had been there three days I went out of my mind—I was there a month—I was confined and a man was beside me to look after me in bed.
ROBERT DRISCOLL . I live at 7, Mayfield Buildings, and am a carman employed by Mr. Sherwood, of Cable Street—I know the prisoner—on Monday, September 28th, I met him at 10 a.m. at the top of Mayfield Buildings—I asked him to go and have a drink with me—we had some ale in the Crown—I stayed with him until 6 p.m.—we got treated by all the persons who came in during the day—we had so many glasses of ale that I cannot remember how many—when I left him at 6 p.m. he was drunk—he staggered when he walked—we went into the Crown about a dozen times that day, and had two or three drinks each time—the people who came in who knew us paid for them—we paid for three or four—I cannot remember who paid for the rest, we were too far gone—a Mrs. Wry gave us six pots of ale between four of us—the prisoner was drunk then—Mrs. Wry did not notice that he was drunk.
Cross-examined. We had the whole of the drink in the Crown—the barman, Charles Knight, was there and could see that we were drunk—when I left the prisoner at the top of the street I believe he went to the club—I told him I was going home—he did not tell me he was going to the club, you cannot get drink there; I do not belong to it.
GUILTY of manslaughter. Fifteen years' penal servitude.
MR. BODKIN Prosecuted; and MR. HUTTON Defended.
MAUD MARY FRANKS . I am one of the nurses at the Edmonton Infirmary—about the middle of July the prisoner was admitted there with a little girl—I did not see her then—I saw her later and had charge of the child for a little while—it was supposed to be two days old—the child remained in the Infirmary until August 31st, but the prisoner went to the Union on August 18th—the child was suffering from its eyes—on August 31st, about 10 a.m., I took it to the receiving ward of the workhouse—I saw the prisoner there, and put it on the bed against her; the prisoner was dressed; she saw me put the child there—on September 1st, about 10 a.m., I was called to the lodge of the Infirmary where I saw the body of the child which I had put on the bed the day before; its name was Annie Elizabeth Kingsley.
Cross-examined. I think I only saw the prisoner once between August 18th and 31st, and then only for a few minutes—I could not form any opinion of her health.
JESSIE SCHRODER . I am matron's assistant at the Edmonton Work-house—on August 31st I handed some clean baby's clothes to a woman named Mary Hart; some of them were marked with letters and numbers—I was shown some of them at the police court, and recognised them—these are the ones (Produced)—they are now stained in places with blood.
AMELIA BACON . I am an inmate of the Edmonton Workhouse, and assist in the receiving ward—on August 31st, about 11 a.m., I was in the receiving room of that ward—I saw the prisoner there—I received some baby clothes from Mary Hart, which I handed to the prisoner—at that time her baby was in the ward—the prisoner dressed the baby in the clothes and then went out with it—these are the clothes.
FREDERICK WILLIAM DICKENS . I am a builder of 8, Cannonbury Square, Islington—in September I was building two houses in Bowes Road, New Southgate; round them there is some open ground—about 7.30 a.m. on September 1st I was at the buildings—I saw a woman crossing from the back of the plots towards the road—I afterwards picked the prisoner out as being like the woman—I cannot swear to her—shortly afterwards Sullivan spoke to me—I went to the kitchen of one of the unfinished houses, and in the hearth space I found the naked body of a little girl—she was alive—she was covered with some cow hair used for plaster—its head and face appeared to be bruised a great deal—there was lime over it, and some had fallen out of its hair—I sent for the police the child was wrapped up in my coat and taken away by the constable.
EDWARD SULLIVAN . I live at 60, Coburg Road, Wood Green, and work for Mr. Dickens—in the early morning of September 1st I was looking for about 1/4 cwt. of nails; they had been in a bag at these houses over night in the kitchen—I could not find them at first; I looked in the hearth space—I heard a cry—I went at once to Mr. Dickens, and he
and I found a child's naked body there—she was afterwards given to the police.
THOMAS HUGHES (405 J.) I am stationed at New Southgate—on September 1st, about 8 a.m., I was called to Bowes Road and saw Mr. Dickens—I received from him the body of a little girl—she was alive—I showed her to the divisional surgeon, and on his orders I took her to the Edmonton Union Infirmary—she was found to be dead when I got there—Bowes Road is about four miles by road from the Infirmary.
WILLIAM BARNETT BENGERFIELD . I am the medical officer at the Edmonton Infirmary—about 10.30 a.m. on September 1st I saw the body of the little girl brought in by Hughes—she was quite recently dead, and was quite warm—the body was that of a well-nourished and healthy child, but she had gonorrhoea ophthalmia, causing soreness of the eyes—she had been under my care from July 13th till August 14th—I found that the child's face was practically covered with contusions and bruises, and lime was embedded in the contusions and eyes—the whole of the top of the head was badly bruised, and on making a post mortem I found a large quantity of blood had extravasated under the skull—I attributed death to the injuries received—the cuts on the face were full of lime, and there was some in the eyes and nostrils—I came to the conclusion that the injuries had been caused by some blunt instrument, or that the child's head had been bashed against a wall—the head and face were one mass of contusions; there must have been many blows—I afterwards saw some child's clothing which had blood stains on it—I examined the stains and found that they were mammalian blood.
ALBERT STURGEON (327 S.) I am stationed at Barnet—on September 1st, at 8.30 p.m., I was on duty at Hadley Green—I saw the prisoner there sitting by the side of the road—I said, "Are you waiting for anybody?—she said, "I am going to meet a man at the bottom of Barnet Hill who is going to provide me with a lodging for to-night"—I said, "Is your name Kingsley?"—she said, "No, Stone."—I said, "Are you married?"—she said yes—I said, "What was your name before you were married?"—she said "Stone, and I married a man named Stone"—I said, "Where is your home 1"—she said, "I have no home"—I said, "Where are your children?"—she said, "I never had any"—I said, "Where did you stay last night?"—she said, "New Southgate"—I said, "Where?"—she said, "I stayed with a friend, but I cannot remember the name or the address"—I told her I should take her to the station on suspicion of being a person wanted at New Southgate—she said, "I will go with you; I have done no wrong to anybody and have nothing to fear"—at the station I saw taken from her a bundle which she was carrying in her arms.
Cross-examined. She did not seem downcast, and answered the questions at once, and as if there was nothing the matter.
JAMES MORLEY (Detective Inspector I.) On September 2nd I saw the prisoner at High Barnet police station—I asked her her name, and she said "Stone"—I referred to the fact of the finding of this child, and said, "You were up to August 31st an inmate of Edmonton Union; you
left on that date with your daughter, aged about three months, in your possession, and at 7.30 on September 1st you were seen to leave a shed at the rear of a house in course of construction in Bowes Road, New South-gate. At 8 a.m. a female child, nude, was found in the space left for the hearth stone in the back parlour of the building. It was concealed with a quantity of cow hair. The child's head was found to be fractured, and it is since dead. It has been identified by one of the witnesses at Edmonton Union, as the child you left the Union with on August 31st. You need not say anything unless you desire to do so, but whatever you say will be taken down and given in evidence against you"—she replied, "The child was with me yesterday; I have been looking about for it all day; it is not quite five weeks old yet"—I said, "At the time of your arrest you were found to be in possession of a quantity of baby's clothing with bloodstains upon it"—she said, "I cannot account for the blood on the child's clothing"—I conveyed her to New Southgate police station, where she was charged with the murder—she said, "My child is not three months old yet, it is only five weeks; I left the Edmonton Union with it yesterday."
Cross-examined. My questions were answered in a plain matter-of-fact way—she did not display any emotion—I did not think her strange—she was not attended by a doctor at the station—when she said, "I have been looking for my child all day "it was said in a conversational manner—there were no tears or fainting, she appeared to be absolutely indifferent—there was a rather funny expression about her eyes—I know that in November, 1897, she was committed to the North London Sessions for attempting to commit suicide—her mother died in Middlesex Asylum, she entered there in 1891 and died in 1894—the—prisoner's father was addicted to drink, he is now dead.
W. B. BENGERFIELD (Re-examined). I had care of the prisoner's during the five or six weeks that she was in the infirmary—until August 18th I saw her almost daily, on that day she went into the house from the infirmary, and I think I only saw her once afterwards—her general health was very good, she always appeared to me to be callous and indifferent, and in fact we regarded her as a vicious sort of woman—once or twice she used very bad language in the wards—she complained perhaps of her food, and if the nurses replied, she used bad language—I reprimanded her and told her if it occurred again she would have to leave or be put into a separate ward—she was in the infirmary to be with her child, which was being treated for its eyes—I do not see any reason to suspect anything mentally wrong with her—I had no knowledge of her history while she was there.
Cross-examined. I have had considerable experience of mothers and children in the infirmary—a mother being callous with a child of this age would certainly not be natural—a large number of the women in the infirmary are fond of their children, some are not—being callous and indifferent is not peculiar, but it is unnatural—the prisoner had had no drink, she was what I call an obstreperous patient not as if she was
worried in mind—I think it was pure temper, she was vicious and cantankerous.
By the COURT. The child's disease was contracted from its mother, I suspect she was suffering from gonorrhoea at the time the child was born—I do not know where it was born, it was reported to be two days old—a woman ought not to be walking about two days after the birth of her child—frequently children are born outside the infirmary and the mothers are brought in for treatment—in many cases they come in in labour—the child looked only a few days old.
GEORGE GRIFFITHS . I am the medical officer at Holloway Prison—I have had observation over the prisoner since she was received at the prison—I saw her at the beginning of September, and I have seen her constantly since, and have had daily reports—she has been apathetic and distinctly below the average intelligence, and I should describe her as a little weak minded—I have had frequent conversations with her—she has no memory of the crime, she states so and I believe it is the fact—she does not appear to realise her position—I have had particulars given me of her history, from that and from my observations I think that on September' 1st she was insane and not responsible—I think she did not' know what she was doing, or that what she had done was wrong—I think she is able to understand these proceedings, I think she has improved in mind.
Cross-examined. The evidence of Sturgeon and Dr. Bengerfield confirm my idea that she is weak-minded.
GUILTY, but insane at the time, and not responsible for her actions. To be detained, during His Majesty's pleasure.
MR. BURNIE Prosecuted.
CHARLES HUMPHRIES . I am a carman, of 2, Flower and Dean Street—on Saturday, August 29th, between 10 and 11 p.m. I was with the deceased in Lonsdale Street in the East End—the deceased had had a decent, lot of drink, he could not stand properly, he was staggering—I had had a little drop also, I had had about thirteen or fourteen glasses of ale—I saw the prisoner at the corner of Thrawl Street standing with a young woman—he was sober, the deceased accidently pushed up against the prisoner, who turned round and asked him who the b----hell he was pushing of—the deceased begged his pardon and then walked on—the prisoner walked towards him and gave him a black look, he put rather a rough look on his face—the deceased said, "You need not look black at me, because you won't frighten me"—the prisoner made at him and made a blow at him—the deceased ducked his head, they both took off their coats and began to fight—I tried to part them, and the prisoner tried to smash me in the mouth and asked me what' business it was of mine—the fight went on, I do not know for how long; I was insensible—when I came to, I saw the prisoner hitting the deceased with his left and right hands on his face—the deceased was trying to punch back—he fell down in consequence of, the blows—Devine went and got some water—I tried to
pick the deceased up when he became conscious—he was not able to get up—the prisoner smashed him on the left side of his face and then walked into the lodging-house—the police came, and the deceased was taken to the hospital, and the prisoner into custody—I never saw no instrument used.
Cross-examined. You walked away when the deceased fell—I did not tell you to fight.
JOHN DEVINE (In custody). I live at 24, Thrawl Street, E., and am a dock labourer—on the last Saturday night in August, I was in Flower and Dean Street with two friends—I saw the deceased and Humphries—I had some conversation with them—I went on and they followed—in Thrawl Street I saw the prisoner with a female, who was sitting on the window of the lodging house—I heard quarrelling going on behind me—I looked round and saw the prisoner and the deceased quarrelling together, the deceased had his coat off, the prisoner had his on—I never saw no blows struck—I afterwards saw them go out into the road and fight, when they were fighting they both had their coats off—the fight went on for seven or eight or ten minutes—the end of it was that the deceased got a very nasty blow on the side of his head, he fell sideways—I went to raise him up, but could not, he was unconscious—I asked someone to get some water, but nobody did so—I got a can of water and tried to get him to take some, but it only ran out of his mouth—he was taken to the hospital—the prisoner went and sat outside the lodging house.
MORRIS LIMBERG . I am a provision dealer of 19, Lawsworth Buildings—on August 29th I was at my home, which is close to Thrawl Street—I heard a fight going on—I went out, I saw the prisoner and the deceased fighting, they fought for about ten minutes—the prisoner struck the deceased a violent blow on the neck, which caused him to fall face downwards on a man' hole—the prisoner went into the lodging house—the deceased was taken to the hospital.
JOHN WOOD (422 H.) About 12.50 a.m. on August 30th, I saw a crowd at the corner of Thrawl Street—I saw the deceased lying unconscious—I took him on an ambulance to the London Hospital—when I found him he had his coat off.
ARCHIBALD MOON , M.R.C.S. I am house surgeon at the London Hospital—about 1.30 a.m. on Sunday, August 30th, I saw the deceased, I found him to be quite dead—at the post mortem I found death had been caused by hemoerrhage over the whole surface of the brain, caused by a blow or fall.
JAMES BARNBROOK (351 H.) About 12.50 a.m. on August 30th, I went to this lodging house in Thrawl Street, where I found the prisoner—I told him he had been fighting in the street, and said, "Do you know what you have done, the man is dead"—I told him I should take him into custody—he said, "It was a fair fight"—I took him to the station.
Street—I saw the prisoner at the station, and found marks upon him which would be consistent with his having been engaged in a fight.
The prisoner, in his defence on oath, said, that the deceased started abusing him and struck him on the mouth; that they took off their coats and had a fight; that he knocked the deceased down two or three times; that the last time he fell he (the prisoner) walked away; and that it was a fair fight.
Evidence for the Defence.
SARAH SMITH . On this Saturday, between 12.30 and 1 a.m. I was with the prisoner in Thrawl Street—three men were standing there, the deceased being one of them. (The witness here became faint, but on recovering said that she wanted to say that the fight was a fair one).
GUILTY . Two months' hard labour.
NEW COURT.—Tuesday, October 20th, 1903.
Before Mr. Recorder.
MR. BIRON Prosecuted.
JOHN WILLIAM TURNER . I am sub-engineer at the Western Telephone Exchange, 126, Cromwell Road, where since June the prisoner has been employed as visiting wireman—his duties were to clean the instruments and test the wires periodically—his wages were 26s. a week—the men Lang their coats in a passage—complaints of money being missed from coats, on September 28th it was brought to my knowledge, in consequence of which I appointed the men Orchard and Brown to watch and to report what they saw—on September 30th, in consequence of what Brown told me, I ascertained where the prisoner was at work, and went to see him—I marked six pennies as indicated on this list—I saw the prisoner coming out of 28, Cullingham Place, about 10.45 a.m.—I was joined by Brown and Orchard outside, who told the prisoner that various sums of money had been missed from the pockets of coats which had been hanging in the basement of the Exchange, and that three marked pennies had been missed from Orchard's and Brown's pockets—he produced 1s., three pennies and three halfpennies, and consented to be searched by Roberts—we took him to a room in the Exchange, where he was searched—there was a hole in the left pocket of his overcoat—I felt a hard substance in the lining—I told him to take his coat off—he gave it to Orchard, who found the penny described as No. 4 in this list—it has a punched mark—the prisoner said he knew nothing about it—pointing out the mark to him, he replied, "It must have been placed there"—the date corresponds with the coin. '
Cross-examined by the prisoner. Orchard said it would not have been well for you if he had seen you go to his pocket.
off with his right hand and put his left in a coat pocket and go away—he returned afterwards and put his hand through his coat sleeve and his fingers into the pocket of my coat—I reported this to Turner—on September 30th I was with Turner at the interview with the prisoner outside a house at South Kensington—he was taken to the Exchange in Cromwell Road—on being searched he handed his coat to Turner, who said he felt something hard—I extracted this penny from the lining through a hole in the left hand pocket—I said if I had seen him extract any money from my pocket I would have dealt with him; he would not have been there—there was 1s. 1 1/2d. in the pocket on the 28th, but my being there he hurriedly withdrew his fingers, and it was there when I went to look.
CHARLES BROWN . I am a wireman at the Exchange in Cromwell Road—on September 29th Turner gave me six marked pennies with certain instructions—I put this one in the fob pocket of my coat and hung it in the corridor—I watched from where I could not be seen, from 7.30 a.m.—I saw the prisoner go to the coat about 8.45—he put his right arm into the sleeve of his overcoat and the fingers of his left hand into my side pocket and withdrew them, finished putting on his overcoat, and then put his hand into the side pocket of the coat on the next peg—he then left the corridor—directly he had gone I went and told Turner what had occurred—I examined the fob pockets of overcoats and missed three of the pennies marked—while I was watching, several officers passed through the corridor; one or two hung up coats, but nobody went to other people's coats—when this penny was found the prisoner said somebody must have put it in his coat—I did not put it there—I saw the six coins marked—one is of 1888 and one of 1881.
EDMUND ROBERTS (311 P.) On September 30th I took the prisoner into custody at the Telephone Exchange, Cromwell Road—he said he had no knowledge of the money, and someone must have put it in his pocket—I find that he bears a good character; he has been employed at the Exchange about four months, and before that by the National Telephone Company for five years, and by a firm in Fore Street for two months—between those employments he had a business about twelve months, but did not succeed.
JOHN WILLIAM TURNER (Re-examined.) The other marked coins are not produced; they are at 126, Cromwell Road—[The prisoner stated in answer to the Court that he did not wish an adjournment for their" production, and that he was not on good terms with the employees, as they were jealous of Turner's favouring him.]—a month or two ago I told the prisoner if he continued his duties as satisfactorily as he had done I should promote him to the Exchange, which is regarded as a better position, though Dot necessarily bringing an increase of salary—his work was very satisfactory—I did not know of any jealousy—my instructions to Orchard and Brown were to watch, let the man go, and report to me.
The prisoner, in his defence on oath, stated that through jealousy the marked money had been placed in his pocket, but that he knew nothing about it.
GUILTY. Recommended to mercy by the Jury. Three months' imprisonment in the second division.
787. JAMES EVANS (51) and GEORGE WATKINS (51) , Stealing thirty wombat skins, the property of Siegfried Bleistein and others, the masters of James Evans. Other counts, for stealing thirty-two wombat skins, and for receiving.
MR. TEMPLE MARTIN Prosecuted; MR. GREEN Defended Watkins.
EDWARD SHANNON (671 City). On October 6th, about 8.20 p.m., I was in College Street in uniform—I saw the prisoner Evans carrying a parcel in his right hand—he took it into the Sugar Loaf public house—I followed and looked over the bar—I saw Evans in conversation with watkins—Evans handed Watkins the parcel—when Evans came out I stopped him and asked him what the parcel contained—he said, "Oh, only a bit of brown paper"—I told him to come back to the public house—I called Watkins out—he had the parcel—I asked what it contained—he said, "Oh, two or three skins"—I said, "Evans said it was brown paper in the parcel"—he replied, "It is covered with brown paper"—I asked Evans who asked him to bring skins out of the premises where I knew he was employed—he said, "Oh, it is only a few skins they have over in the bales"—I said that I should take them into custody—he said, "Cannot we square it"—on the way to the station Watkins said, "Let us go and see the manager; we can square it all right"—I took them to the station, where they were both charged.
Cross-examined by Evans. You did not say, "Come back to the office and see the manager, and see if we cannot make it right"—the parcel Evans was carrying contained thirty-two skins—searching him, I found a half-sovereign.
Cross-examined by MR. GREEN. Watkins never denied that the parcel contained skins—I did not make a note—we do not make a note in the City—Watkins did not say, "Let us go and see the manager and the matter can be squared up satisfactorily"—he said, "Let us go and see the manager, it will be squared up all right."
FREDERICK GREENSLADE (City Detective.) On October 7th I went to Watkin's address at 25, Duke Street, Aldgate—I found this parcel containing thirty skins—I also found other goods, which have been satisfactorily accounted for.
Cross-examined by MR. GREEN. I found articles connected with the fur trade—Watkins is a job dealer—I found his information accurate—gave me names of firms—he said, "I bought the skins in response to a letter from Evans"—I found this letter at Watkins' address [Offering selected skins, and asking for an interview at 7.30 or 8 p.m., Signed "yours respectfully, J. E.," addressed to George Watkins, 25, Duke Street and marked "Private"]—Evans told me he had bought a consignment a week ago—I find that Watkins is a straightforward, honest man in respectable, employment.
Hill—Evans has been employed by us about fifteen years—he was foreman porter—he had no right to take skins without permission of members of the firm—we have no such practice as allowing the employees to sell, skins weeded out from the bales—I have known Watkins eight or ten years—we bought feathers from him—the thirty-two wombat skins found at the public house are ours—I heard Watkins at the police court call the skins odds and ends from the cellar—they are picked skins—they are selected with regard to colour—the value runs from. 10d. to 1s. 3d.—Watkins at the police Court referred to a third party—I asked who it was, but he would not tell—I recognise Evans' writing in the letter that has been read.
Cross-examined by Evans. You have given me skins for a rug when I asked my governor if I might have them—there is no custom to give you skins that are over the bale quantity, to dispose of.
Cross-examined by MR. GREEN. One bale contains over the quantity and another less—the over quantity belongs to the firm—I asked for permission to keep the skins after Evans had given them to me—you can buy from 1s. 4d. to 2d. a skin.
Re-examined. The skins run to about 1,000 to a. sack—we sometimes import them—Evans had no authority to sell skins.
Evans' statement before the Magistrate. "It has always been the custom in our trade, dealing with hundreds of thousands of skins, if there had been one or two over, to put them in a box and to save them to accumulate, and then they are sold and divided amongst the men. In this case, on account of being two lots, they were divided, and I changed them over for these, so that there was no loss at the end. "He repealed this statement in his defence.
Watkins, in his defence on oath, said that he bought the skins as a dealer, accepting Evans' statement that they were perquisites, and that Shillingford, a clerk, said that was perfectly right in a conversation in which he said that he (Watkins) could earn a few shillings by buying skins and feathers; that Evans then came out, and Shillingford said, "Watkins has told me he is buying a few skins and feathers on his own account after he has done business;" and that Evans replied that he had a few odds and ends of wombat skins, etc., over consignments at different times, which were in the cellar, and he would look them up, and Shillingford said it would be all right, they were his perquisites.
During the above statement the Court ordered that Shillingford should be sent for.
CHARLES ALFRED SHILLINGFORD . I am a clerk—I shall have been employed by Messrs. Eysoldt and Co. twenty-three years next month—I have known Watkins many years—I had a conversation with him about how he was getting on about fifteen months ago when Evans came up—I did not say, "Watkins tells me he is buying a few skins and feathers on his own account after business hours"—I remember Evans saying he had a few skins in the cellar, but not my saying that they were perquisites—I had no knowledge of Watkins receiving a bundle of skins
from Evans in the street—the skins produced are not odds and ends, but first silver' skins—they are not waste, but valuable skins.
Cross-examined by MR. GREEN. I never suggested to Watkins that Evans had no right to sell—'I had no idea of his having any dishonest intention; nor that he was going to sell on his own account.
JACOB SINGER . I am a furrier, of 9, Colonial Avenue—I have known Watkins ten or fifteen years in Fore Street, in connection with skins—these skins are original stock as they come from Australia, and not odds and ends—the market fluctuates, so that you may buy at 9d., 8d., or even 2d.
GUILTY . (Watkins received a good character.) Nine months' hard labour each.
(789). ROBERT CLARK (24) , to robbery, with another person unknown, upon John King Barra, and stealing 10s. 6d. his money, having been convicted of felony at Lambeth Police Court on February 9th, 1903, in the name of Charles Robert Power. Two other convictions were proved against him. Eighteen months' hard labour. — [Pleaded guilty: See original trial image.]
(790). PERCY EDWIN GASTER (30) , to conspiring with Horace Walter Matthew Nobbs to cheat and defraud Herbert de Rougement and others, the trustees of Lloyd's Patriotic Fund, and to obtaining money from them by false pretences. He received a good character. Nine months' hard labour. — [Pleaded guilty: See original trial image.] And
(791). HENRY FRANCIS WHITE (19) , to forging and uttering a forged writing purporting to be a letter to the secretary of Lloyd's Patriotic Fund, signed by Richmond H. Wells. Discharged on his own recognisances. [Pleaded guilty: See original trial image.]
THIRD COURT.—Tuesday, October 20th, 1903.
Before Mr. Common Serjeant.
(793). CHARLES WILSON (35) , to feloniously marrying Thomasina Curtis, his wife being alive; also to stealing on August 22nd £17 14s., the monies of John Blarberg and another, his masters. Nine months hard labour [Pleaded guilty: See original trial image.]
(794). JAMES HOWARD REEVES (25) , to wilfully and with intent to defraud, falsifying a certain book belonging to Herbert John Doree, his master. Discharged on recognisances. — [Pleaded guilty: See original trial image.] And
(795). ARTHUR PARSONS (22) , to forging and uttering an order for the delivery of goods with intent to defraud; also to attempting to obtain by false pretences a diamond pin and ring, with intent to defraud; also to breaking and entering the dwelling house of Frank Percy Bevill Shipham and stealing divers articles, his property; also to breaking and entering the dwelling house of Clara Pritchard and stealing divers articles and £1 in money, her property. Two former convictions were proved against him. Five years' penal servitude. [Pleaded guilty: See original trial image.]
MR. INMAN, for the prosecution, offered no evidence.
NOT GUILTY .
MR. W. B. CAMPBELL Prosecuted.
Walter Richard Jones. I am an agent, of 83, St. Paul's Churchyard—on October 1st about 2.30 p.m., I was in Fleet Street, walking on the left-hand side towards my office—when I got close to the Cheshire Cheese, the prisoner John knocked my glasses off and made for my throat—I concluded that he was going for my scarf pin and I put one hand over it and the other over my pocket—I was then thrown on to the pavement—I could not see which of the prisoners threw me—I know there were two at me—one of them got on my back and the other took my head and hammered it on the flags, cutting it severely—I exerted all my strength and threw myself clear of them and ran to find a policeman—John Austen followed me—I met a policeman, and pointing to John Austen said I would charge him—I did not see what became of Harry Austen—I went with the officer to the station and was asked what charge I made against the prisoners, who were both present then, and I said, "Assault and attempted robbery"—John Austen said, "Quite right"—I had some money in my pocket, but I did not lose any—I lost a rule which may have tumbled out of my pocket.
By the COURT. John Austen knocked my glasses off—I do not remember knocking Harry Austen down, but I may have done.
Cross-examined by John Austen. You both confronted me in Fleet Street.
Cross-examined by Harry Austen. You were drunk.
JAMES ANDERSON . I am an optician of 34, Aldersgate Street—on October 1st, about 2.30 p.m., I was walking in Fleet Street on the left-hand side towards the Strand—I saw the prosecutor walking along—John Austen clutched at his scarf pin and also at his chain—the prosecutor struck out to protect himself—Harry Austen seeing that, went to the back of the prosecutor to pull him down, and John Austen then knocked the prosecutor down—I saw his glasses knocked off—the prosecutor fell on the top of the smaller prisoner, Harry Austen—I then saw latter pass something underneath his coat—it had a yellow appearance—the prosecutor got to his feet again and ran towards Ludgate Circus—John Austen rushed after him—Harry Austen ran away round a side turning; I do not know the name of it—I walked after him till I saw a policeman to whom I said something and he took him into custody.
Cross-examined by John Austen. I was proceeding to the Strand, and was quite close to you—I say you touched the prosecutor's pin first.
Cross-examined by Harry Austen. You walked away rather sharply, but not very fast as you were rather intoxicated.
Re-examined. I kept Harry Austen in sight all the time.
WALTER BOSWORTH (226 City.) I was on patrol duty in Fleet Street at 2.30 p.m. on October 1st—I saw the prosecutor running down the street, pursued by John Austen—the prosecutor complained of having being assaulted by John Austen—I took him into custody and to the station—the other prisoner was subsequently brought in—the prosecutor charged them with assaulting him and attempting to rob him—John Austen replied, "Quite right," and Harry made no reply; he was drunk—they were searched—nothing was found on them belonging to the prosecutor.
Cross-examined by John Austen. I did not hear the prosecutor shouting "Murder "or "Police."
JAMES CURTIS (193 City.) On October 1st, about 2.45 p.m., I was on duty in Shoe Lane—Anderson came up to me and said, "This man, in conjunction with another in Fleet Street, has assaulted a gentleman"—I arrested him immediately—he said, "I have done nothing, guv'nor"—he was taken to the station and immediately recognised by the prosecutor as the man who assaulted him—the two prisoners were charged with assault and attempted robbery—John Austen said, "That's quite right."
John Austen's defence. My brother and I were going up Fleet Street; my brother had had some drink and accidentally pushed against the prosecutor, who knocked him down. I pushed the prosecutor and he fell down. He ran away and I followed him to the police station.
Harry Austen's defence. We had been out drinking, and going up Fleet Street we may have knocked against the prosecutor; he deliberately knocked me down; I walked down Shoe Lane, when I was taken in charge.
GUILTY> of assault, but not with intent to rob; upon which the COMMON SERJEANT directed a verdict of
NOT GUILTY . (See next case.)
MR. W. B. CAMPBELL Prosecuted.
Cross-examined by John Austen. I saw a doctor about the wound.
Cross-examined by Harry Austen. You assaulted me, as I have described before.
Cross-examined by Harry Austen. I did not state at the Mansion House that I saw the prosecutor knock you over.
he charged him simply with assaulting him, and John said that he should like to get at the prosecutor.
John Austen's Defence. "We were walking up Fleet Street when my brother accidentally fell against the prosecutor; he struck my brother and pushed him down. I said, 'What have you done that for? "He ran away and I ran after him."
Harry Austen's Defence. "I was the assaulted party."
GUILTY . Thirty convictions of various offences were proved against John Austen. Fifteen months' hard labour. HARRY AUSTEN, Six months' hard labour.
MR. NOLAN Prosecuted.
FREDERICK BLIGH (City Detective.) On September 7th, between 10 and 11 a.m. I was in Fenchurch Street, and saw the prisoner loitering near a stationer's van which was unloading—I followed him into Eastcheap—he stopped in front of a stationer's shop, and shortly afterwards stepped lightly into the doorway—an assistant came forward, and the prisoner asked for a quotation and a sample of envelopes—he then left the shop and went into Cannon Street, then into Lawrence Pountney Lane, again into Cannon Street, and then into Lawrence Pountney Hill—he stopped opposite the prosecutor's shop—after a time he entered the shop, picked up a parcel, placed it under his arm and walked away—I went into the shop and spoke to the prosecutor, then followed the prisoner and took the parcel from him—I then went back to the shop and took the prisoner to the station—he was charged and made no reply—the parcel contained twelve bottles of gum.
EBENEZER PAINE . I am a stationer of 9, Lawrence Pountney Hill—this box contains twelve bottles of gum, value 6s.—it is my property—on September 7th it was in my shop, just in front of the counter—I did not see it taken away, nor did I see the prisoner come into the shop.
GUILTY . Eight convictions of larceny were proved against him. Twelve months' hard labour.
MR. HARDY Prosecuted.
ISAAC GOLDSMID . I am a carman and contractor of Wade's Place, Mile End Road—on September 9th I was in Lower Thames Street with a van—there was another van opposite mine belonging to Mr. Johnson—I saw Brown go to the van and take a case of currants, put it on his shoulder and walk into the Mermaid public house, Lower Thames Street—Watts and Turner were behind the door with a sack, into which they put the case, and put it behind the door under the seat and sat on it.
Cross-examined by Brown. You were on the pavement—when you
took the case I followed you to the Mermaid—the door was slightly open, enough for me to see what was going on.
Cross-examined by Turner. I swear I saw you and Watts holding a sack to receive the box of currants.
WILLIAM MURFITT . I am a carman to Mr. William Johnson—on September 9th I was with a van in Lower Thames Street—I had a box of currants on the van, value 14s.—I walked about 20 yards up the street—when I came back the box was gone—I next saw it in the Mermaid.
Cross-examined by Brown. I did not go in with Goldsmid, I went and fetched a constable.
Cross-examined by Turner. When I came into the Mermaid you and Watts were sitting with the box underneath you.
Cross-examined by Watts. There were between six and nine people in the bar—I charged you and Turner because you were covering the box.
THOMAS JACKLIN (280 City.) On September 9th, in the afternoon, the prosecutor made a communication to me—I then went with him to the Mermaid—I saw the three prisoners with a number of other men standing in the bar, and on a form a bag containing the box of currants—I took charge of it—I then arrested the prisoners and took them to the station—they were charged and made no reply.
Cross-examined by Brown. The box was on the seat.
Cross-examined by Turner. After you were charged at the Minories, some people came and made statements in your favour.
Cross-examined by Watts. You and Turner were standing up when I came in—other men were in the bar besides you—you told me you had been at work.
Evidence for the Defence.
ALEXANDER WHITE . I am a waterside labourer of 75, Union Street—I was drinking with Watts and Turner on Wednesday afternoon, September 9th, in the Mermaid—I saw someone bring in a box—I did not know what it was or that it had been stolen—it is a common thing for boxes to be brought in and put in borrowed bags.
By Turner. I did not see either you or Watts hold the bag to receive the box.
By Watts. If either of you had had a bag, I should have been bound to notice it—you never left my company the whole time—I believe you were standing up at the bar, talking to me and the manager of the house.
By the COURT. I cannot say who brought the box in—when my attention was called to it, it was in a bag on the seat—I do not think either of the prisoners were sitting on a seat with the bag below, they may have been doing so—when the police came in they all sat down on the seat.
JAMES KELLY . I am a fruit porter—on 9th September, between 5.30 and 6 p.m., I went into the Mermaid and saw a box on a seat—a constable came in with a carman—I was sitting facing the box—when the prisoner Brown saw what was going to happen, he jumped up and said, "Lock the lot of us up"—there were nine or ten men in the bar.
By Turner. I never saw nobody sitting on the box—I did not see you handling it or have anything to do with it at all.
By Watts. When I came in, you and Turner were up against the bar in company with a man named White.
Cross-examined by MR. HARDY. I saw the box without a sack on it—when the constable came in there was a sack over it.
Re-examined by Watts. I never saw you handling the sack.
HENRY BOWER . I am the manager of the Mermaid—Mr. White and Watts were in the house three-quarters of an hour before the police came in—I did not see the box come in—I saw it there when the police came in.
By Watts. I did not see you with a bag, but one was asked for from the bar—who asked for it I cannot say.
By the COURT. The box was in a bag when my attention was first called to it, that was when the policeman came in—it is a custom to lend sacks to people and mind boxes for them.
Cross-examined by Brown. You brought the box in and left it on the seat in the corner by the side of the door—I cannot say who got the sack. By the COURT. I did not see one way or the other who put the box in the sack.
GUILTY . Two convictions were proved against Watts and one against Turner.
BROWN and TURNER, Six months' hard labour each; WATTS, Nine months' hard labour.
FOURTH COURT.—Tuesday, October 20th. 1903.
Before Lumley Smith, Esq., K.C.
(803). ALFRED BELL CROXSON (39) , to forging and uttering an endorsement on an order for payment of £26 18s. 2d., with intent to defraud. Six months' hard labour. [Pleaded guilty: See original trial image.]
MR. LEYCESTER Prosecuted, and MR. OVEREND Defended.
EDWARD VAUGHAN FOX . I am an Examiner in the Department of the Senior Official Receiver in Companies Winding Up, and have been in charge of the winding up of the London and Suburban Bank, Limited—the winding-up order was made on November 25th, 1902—I produce the cash book and ledger of the Bank—according to the books the balance in hand on March 31st, 1902, should have been £350 16s. yd.; in fact, it was only £110 17s. 3d.—I have met the prisoner many times during the
course of my investigation, and am acquainted with his writing—the entries in the cash book and ledger are his—there is nothing in the books to account for the deficiency of £239 19s. 6d.—there is a suspense account opened for £40, but what that refers to I do not know; there is nothing in the books to explain it—it is carried into the profit and loss account in the balance sheet—the advances account in the ledger shows the amounts lent out upon loan, and the amounts repaid—the amounts still out upon loan properly amount to £3,981 4s. 8d.—they, in fact, appear as £4,181 4s. 8d., the "41 "having been written over an erasure—there is a genuine error in the customers' account, of sixpence—that appears in the cash book for the next month—altogether there is £239 19s. 6d. concealed, which is the exact amount of deficiency in cash—the £200 too much in the advance account is dealt with by two sums of £100 being entered twice over—they are first entered to the credit of the City branch of the Bank, and then credited over again as amounts received as repayments of loans—I also produce a till book kept by the prisoner which shows a cash balance in hand at the beginning of October of £86 13s. 7d.—during October, according to the ledger and cash book, the cash in hand was increased by £57 2s. 4d., making £143 15s. 11d.—the till book shows only £42 15s. 2d. as cash in hand at the end of October, a deficiency of £101 10s. 9d.—under the date of October 21st there is an entry, "Paid £101 10s. 9d," but nothing to show to whom it is paid—there is no trace of it in the ledger or cash book—all the other entries contain the names of the persons to whom the money is paid out—this entry happens to be the last on the page, and I believe it to be fictitious—I have spoken to the prisoner several times about the deficiencies, and he told me that the explanations are in the journal and the till books—those books are not forthcoming—one till book (Produced) was found by the Directors, but there are fifteen or sixteen altogether—I was present at a meeting when the Directors asked the prisoner for an explanation, but I did not hear them ask any specific question.
Cross-examined. From the result of my investigations I think the accounts of the Bank have been badly managed—the balance sheets are correct except for the errors I have pointed out—I do not know whether the prisoner was consulted in the preparation of them—I know the firm who removed the books on the instructions of the Official Receiver, but I do not know their man—it is quite true that the prisoner was employed for some time to go through the accounts.
WALTER ISAAC FROST . I am a commercial traveller—I was one of the Directors of the London and Suburban Bank, Limited—the prisoner was employed by the Bank as cashier—I know his writing; these entries in the cash book and ledger are his—I was present at an interview in January between him and the Directors, when he-was asked to explain the deficiency in the cash—his attention was particularly drawn to the entry in the till book of £101 10s. 9d.—he tried to explain it, but could not make head or tail of it, and we arranged to meet the next morning and go through the figures again—the next morning the prisoner did not appear—he has never given any explanation.
Cross-examined. The prisoner had a very good character when he came to us—it is true that after he had been with us some time we passed a minute giving him a loan of £50—we were very pleased with his work and conduct—it was not the custom of the Bank for Directors to have advances from the till—none of the Directors were indebted to the Bank in any way—there were several till books at the Bank at the time of the winding up—I do not know who took them away—we have never had any complaints from any of our customers with regard to money not being paid to them—when we asked the prisoner to explain the deficiency he said he could do so if he had the journal—the journal has never been found to my knowledge.
Re-examined. The books were in the prisoner's custody up to the time they were handed over to the Official Receiver.
ALBERT HAWKINS (Detective Sergeant.) I am in charge of this case—the first process was a summons issued on June 4th—I was unable to serve it upon the prisoner, and upon July 11th a warrant was obtained—on July 16th the prisoner surrendered—himself at Bow Street police station—I told him I was a police officer, and held a warrant for his arrest, which charged him with falsifying the accounts of the London and Suburban Bank, Limited—he made no answer—he was then formally charged, and made no reply—I asked him for his address, and he gave me 420, Strand—I told him I knew that was not his address, but that it was a barber's shop where he called for letters, and asked him if he would give me his correct address—he said, "No, not at present."
Cross-examined. I do not know anything about the examination in bankruptcy of Mr. Harding in reference to the affairs of the Bank.
The prisoner, in his defence on oath, said that he went to the London and Suburban Bank with a twelve years' good character from the London and County Bank; that with regard to the deficiency of £239 19s. 6d. there was an error in the casting of £200, and he believed the figure of £4,181 4s. 8d. to be correct, but could not say positively without the journal; that the other £39 19s. 6d., or £40, after deducting the error of sixpence, was voted at a meeting of Directors' to be debited to the profit and loss account and credited to the suspense account; that the sum of £101 10s. 9d. was made up partly of overdrafts to the directors from the till, for which there were I.O.U.'s, and partly of items entered in the till books but omitted from the cash book; that it was purely an omission; that his till was periodically checked by Mr. Harding and always found to be correct; that the books were removed, from the offices in a great hurry and in the absence of the Directors; that some of the books were taken away in a cab by the Official Receiver's representative, and others in the safe by the auctioneer's men; that the missing journal and till books were taken away in the safe, and that he had not seen them since: that he had not had a penny of the money alleged to have been taken by him, and had not mislaid any of the books.
GUILTY. Strongly recommended to mercy by the Jury on account of his previous good conduct, and also on account of the very loose way in which the business of the Bank was conducted. Two months in the second division.
OLD COURT.—Wednesday, October 21st, 1903.
Before Mr. Justice Bigham.
MR. C. W. MATHEWS and MR. ARTHUR GILL Prosecuted, and MR. HUTTON and Mr. Morris Defended.
MARY ANN BOYLES . I live at 36, Cardigan Cottages, High Wycombe—the prisoner married my daughter, they had four children, the eldest being four years old in September—the prisoner visited my house from September 26th to October 1st—he was sober—he said he would leave his wife, allow her 15s. a week, and take the two eldest children, because they could not get on very comfortably—he showed me a revolver, which I took possession of and returned to him on October 1st.
Cross-examined. I did not expect him—he and his wife always seemed happy together—he had been affectionate to his children—I did not see much of them—he seemed much attached to the eldest boy.
GEORGE SARGANT (222 G.) I was on duty at Great Eastern Street, opposite the Blue Last public house, on October 2nd—about 11.40 the prisoner called me to go to 3, Gladstone Buildings—I asked him what for—he pulled out this revolver from his right trouser pocket—I took it from him and asked him what he wanted me to go there for—he said, "I have shot my little boy with that revolver that you have got, I expect he is dead"—I took him to Hoxton Police Station—on the way he said, "I expect I shall have to swing for it; I have had some trouble"—I cautioned him not to say anything further, but to reserve any further statement till he got to the station—on arrival there I gave the revolver to Allison, the Inspector on duty, and remained at the station while he visited the prisoner's lodgings—the prisoner appeared sober at first, but after he had been some little time at the station I noticed a change, and thought he had been drinking and the effect was taking place.
Cross-examined. I was talking to him two or three minutes—he spoke in an ordinary manner—I thought it was strange—he walked quietly and perfectly straight to the station—at the station he got up to ask for water and fell backwards on the seat—while sitting he kept rubbing his head as if it was in pain—I gave him water—then I thought' he had had something to drink which had overcome him.
WILLIAM HOLLISTER (398 G.) About 11.40 on October 2nd I saw Sargant with the prisoner in Great Eastern Street—the prisoner's wife, whom I know, came to me, and I accompanied her to 3. Gladstone Buildings—the prisoner in my presence gave her a key, with which I effected an entrance into 3, Gladstone Buildings—I saw two children alive in the kitchen, and another child on the floor in the bedroom—it appeared dead—it had a cloth over its mouth tied at the back of the head—I noticed a bullet wound in the breast.
Cross-examined, The child seemed well cared for and wonderfully clean.
GEORGE ALLISON (Police Inspector G.) I was at the station when Sargant brought the prisoner in and handed me this revolver, and repeated the statement the prisoner had made to him—the prisoner said, "I had a few words with my wife this morning and I shot him there; I had not the heart to shoot the other two; mind, the revolver is loaded in six chambers"—one cartridge was spent; I extracted the other five and produce them—about 12.10 the same day I went to 3, Gladstone Buildings—I saw the dead body of the little boy lying on the floor on his back, a handkerchief covering his face—it had been placed over the mouth and nose, and tied at the back with a single knot—I loosened it—there was blood on the shirt and on the floor and a bullet wound in the breast—I found these twenty-six cartridges in a box—I returned to the station and told the prisoner that I had been to 3, Gladstone Buildings, and had seen the dead body of a boy, and that I should charge him with the wilful murder of him—he replied, "I do not care"—when the charge was read over he said, "What do you mean by wilful murder, he is not dead, is he?"—I said, "Yes"—he said, "Well, I do not care."
Cross-examined. He was perfectly conscious and appeared to realise the gravity of the charge.
RANDALL HODSON (Police Sergeant G.) About 2.30 p.m. on October 2nd I saw the prisoner at the police station—he appeared to be recovering from the effects of drink—he had some difficulty in articulation—he said, "Will you get bail for me, governor? I bear a good character. I have been on the boose with some fellows and have been to Wickham. I spent all my money, I have drawn it all out of the bank; the bank book I have torn up and left in the cells down there"—pointing in the direction of the cells—"I stayed at Wickham with my wife's mother, Mrs. Boyles, of 34, Cardigan Cottages, Upper Green Street, Wickham; I worked for Mr. Lines, of 34, Canton Street, for 4J years, also for Mr. Mellison, of 131, Bethnal Green Road, and for Mr. Brown, of Worship Street, for 2 1/2 years. I have had some brandy this morning; I have been to the Princess Royal, the Griffin, and the Blue Last; I had two—pennyworth in the Royal, and half a quartern at the Griffin and Blue Last"—I found this torn up Savings bank book in his name, in the cells—it shows that all the money, £10s. 10d., was withdrawn on September 25th.
Cross-examined. When the Magistrate asked him on the remand if he had any witness, he said, "Let me have a fag," meaning a cigarette, in the same way he had spoken to me.
Cross-examined. He was perfectly sober.
CHRISTOPHER REDWOOD WHITE . I am a medical practitioner at 36, Great Eastern Street—shortly after 12 on October 2nd I went to 3, Gladstone Buildings—I saw the dead body of a little boy about four years of age—Allison was with me—the body was quite cold—I found a wound in the chest and blood marks on the clothes—on October 6th I made a post mortem examination—the cause of death was hemorrhage from a
wound in the heart—the bullet had pierced the ventricle—this is the bullet—(Produced).
Evidence for the Defence.
ROSA PELLOLIO . I have been married to the prisoner close upon five years—I was eighteen, and am now twenty-two—he is about the same age—we have always lived on affectionate terms—we have had four children, the deceased, the eldest, was four years old—my husband was kind and affectionate to the boy—he was a picture frame maker and in steady employment—he earned about 22s. a week—he had no trouble that I know of—he had a little money in the Post Office savings bank shortly before he went to my mother's—he has had good health—two years ago he was opening a packing case with a crowbar, which slipped and struck his head, which left a very large scar after he came out of Bartholomew's Hospital, having had his head dressed, which was cut open—he has constantly had groat pain in his head and used to scratch it at night—he said it would drive him mad—he was not addicted to drink—his sexual intercourse during the last three months has been excessive, in the day as well as at night, every day, after which he was very ill, and would lie and rub his head and say he should go mad—when he came home on October 1st he lay down and rubbed his head, and when asleep he seemed in great pain—I put a pillow to prevent him knocking his head against the wall—he frequently said he should go mad when he was in great pain—he had a fit about two years back—I was told it was epileptic.
Cross-examined. I left him at home on this morning and went out between 11 and 12 to buy things for the dinner—I had a key to let myself in—he was strange when he went to see mother—he did not write—he went away before that for three days in August—he said he went in the country for a holiday—he went to Wickham in September to mother—he told me he stayed at a public house—I asked my mother, and she said he stayed at her house—when I asked him where he had been, he said, "Don't ask me"—I said, "Why did you go away and leave me with four little children? Don't you think you ought to be ashamed of yourself?"—he said, "Yes, I am more than ashamed of myself"—there was no quarrel before I went to get the dinner—no dispute at all—he used to hang the revolver over my bed.
Re-examined. He got the revolver about twelve months back, because someone broke into the place on a Saturday night, and he got it the next week—I missed it when he went away—I never saw it again.
JAMES SCOTT . I am medical officer at Brixton Prison—I have had the prisoner under my care since October 2nd for three weeks—while in prison he has been quiet and depressed—he has not shown that he realised his position—I cannot say that I have found any definite evidence of insanity during that time—I consider he is a person of weak intellect and unstable mind, but at present I cannot say he is insane—I have seen his father's statement that he suffered from epileptic fits, and I have been told so by the prisoner and his sister, Mrs. Louisa Bourne—she said, when I asked her if he had had fits when young, that he had
when between eight and nine years of age for a considerable period—the prisoner said that during the last eighteen months he had had three fits—I saw in the depositions about the crowbar, and on examination I found an old scar, or irregularity, and some local inflammation, the continuing result of an injury—inflammation from congestion of a part would make the brain still weaker—sexual excess would affect the nerves and mental condition considerably, and probably for some time there has been a certain unsoundness—I have studied the depositions and all the circumstances—I do not think he was responsible at the time he committed the act.
Verdict. " We find he was not responsible at the time he committed the act." To be detained in Brixton prison till His Majesty's pleasure be known.
MR. R. D. MUIR. MR. ARTHUR GILL, and MR. MURPHY Prosecuted; and MR. HAROLD MORRIS Defended.
Frederick Humphreys (4 J.) produced a scale plan of the Lord Nelson public house and the immediate neighbourhood.
MARTHA SOPHIA BRAYSHAW . I live with my niece, Mrs. Starkey. At the Lord Nelson public house, and assist in its management—the deceased, Martha Jane Hardwick, was also my niece and a sister of Mrs. Starkey—we know the prisoner as a customer—on September 23rd, about 10 p.m., I was in the saloon outside the counter bar—the deceased was serving behind the bar—she came and spoke to me about 10.20—I went into the bar to serve—I saw the prisoner, who was known as Jerry, in the public bar—we had a little conversation—he stopped till close on eleven when he went out—the closing time is 12.30—I next saw him a little before twelve, when he came into the public bar and I served him with a glass of ale—the deceased was then in the saloon bar, and not serving—I came out of the bar about 12.15—the deceased was there—I served a couple in other compartments—my niece, Mrs. Starkey, went and served at 12.15, and I went and sat in the saloon bar—the prisoner came into the passage from the bar into the private bar—that is the compartment next where I was—I could see him—he had a glass of shandy bitter from Mrs. Starkey—he could see me and the deceased, because he looked into the saloon bar—when he had been served he stood drinking the shandy—then he went down the passage and out of the house about 12.20—we keep our clock about five minutes fast—T am giving the right time—it was approaching closing time—I saw Pealling preparing to close the house—the deceased got up and went down the passage on the public side, and I went and stood in the private bar—next I heard a scream—I ran down the passage out of the house—I saw Mrs. Starkey running and following the prisoner out—I next saw Mrs. Starkey and the prisoner outside our place and next to a shop in the street, and Pealling following the prisoner—I saw the prisoner strike at Pealling—I ran into the public
bar—I saw my niece flat on her face on the ground—a gentleman from another box lifted her up—a doctor came—she never spoke—I had not heard any conversation nor seen my niece with the prisoner from 10 p.m. till 12.20, when I left the saloon bar—the prisoner may have kept a stall outside.
Cross-examined. I have been at the Lord Nelson since Easter, 1902—I have seen Jerry come in occasionally—my niece said, "Are you coming in, there is Jerry in the bar?"—that was a little after ten—she did not say, "Jerry is in the bar, I served him with a glass of ale"—I was in the hospital when the hook incident occurred in March.
Re-examined. The deceased had not talked" to the prisoner for six months or more, only as a customer.
HANNAH STARKEY . I am a widow—I manage the Lord "Nelson—the deceased was my 'sister—she lived at the house, and acted as barmaid—I know the prisoner only as a customer—on Wednesday, September 23rd, he was in the public-bar when I went in at 12.15—the deceased was in the saloon bar, where I left her when I went to serve—about 12.15 she came and spoke to me at the public bar—she was in front of the counter—we were then closing—the prisoner was not there—I saw him come in and strike her right and left—I did not see anything in his hand—I called out to him, and jumped over the counter—he ran out—I ran after him—my sister was leaning on the seat—I ran into the road—I came hack in two or three minutes—I found my sister in a state of collapse, flat on her face on the floor; a gentleman picked her up—in March my husband was ill, and I went to the hospital to see him on March 11th—I came back to the Lord Nelson about 11.30, when my sister told me something, in consequence of which I told the prisoner to get outside—it was in the middle bar—I gave him this hook—I took it from the drawer—I told him he ought to be ashamed of himself, we had got plenty of trouble without his coming—he went outside—he took the hook with him.
Cross-examined. I may have said at the inquest, "I know of no other reason for the prisoner stabbing her than that she refused to have anything to do with him"—I do riot remember that—I shall have been at the Lord Nelson four years nest month—during that time my sister was barmaid—she was twenty last April—the prisoner was an occasional customer—my sister had a sweetheart—the prisoner met him at Easter twelve months—he may have stood the prisoner drink—he would treat him like others if he saw him—I never saw him treat him.
Re-examined. The engagement to the sweetheart was broken off before Christmas, and his visits ceased at Easter, 1902.
CHRISTOPHER HENRY PEALLING . I am a tobacco cutter—I live in the Lord Nelson public house, and assist in the management 'there I know the prisoner as a customer—I saw him in the public box at 12.20—he walked out of the public bar, and went down the passage into the private bar—the potman, Musgrave, was bringing the gates to-me to close the house—the prisoner stood outside the window of the shop next door,; he then turned down the passage towards the private bar, when I lost Sight of him—I next heard a scream—I turned and saw the prisoner leave
the public bar and go into the street—Mrs. Starkey came out and called to me, "Catch him and kill him"—I went and tried to get him by the throat, but he had a handkerchief on, which slipped—lie was outside Milward's shop, close to the door—he knocked my arm up with his left hand, and struck me on the jaw with his right, which staggered me a bit—he ran across the road—I followed him down East Mount Street, and along Raven Row, turned into Cotton Street, then crossed the road, and came back into Raven Row again, and then walked into Bedford Street, where he turned round to me and said, "What do you want?"—I answered, "Never mind what I want"—I still followed him till we turned into Oxford Street, where I went half way across the road and said in the prisoner's hearing to Constable Bowden, "I want; this man"—the constable came across and said, "What for?"—I said, "Assault"—the prisoner turned round and said, "I am going home to my lodgings"—I said to the constable, "Will you bring him back to the Lord Nelson?"—the constable caught hold of him and brought him back—when we got back, the girl was on the floor in the bar.
Cross-examined. The prisoner passed out of the passage as I was standing outside—I do not think a minute passed before I heard a scream—I have known the prisoner six or seven years—I have known him sit in the Lord Nelson a long time, but I never had much to do with him.
Re-examined. I knew when I spoke to the constable that there—had been an assault, I thought it was on Mrs. Starkey—I knew the prisoner must be the man, because I saw him come out of the public bar—when I returned there were only a lady and gentleman and the deceased on that side of the bar.
ROBERT CHRISTOPHER MUSGRAVE . I am potman at the Lord Nelson—I know the prisoner as a-customer—some months ago I was with him in the bar when I heard him say of the deceased, "I will put her b----light out"—she was then walking behind the bar towards the big box in the Whitechapel Road—on September 23rd, near closing time, I had to put up the gates, and I was taking them from the private bar—the prisoner said, "Don't mate such a noise"—I took the gates to Pealling—when I was putting a nut on a bolt which was on my knees I heard a scream—Pealling ran after the prisoner—I ran as far as I could go—I lost them—I went back to the house—I saw the deceased with her head in a lady's lap.
Cross-examined. It happened between 12.20 and 12.30—I never before heard a threat like that to a lady—I do not know what scrapping is—I am not a boxer.
GEORGE HOLLIS . I am a commercial traveller, of 10, Arcadia Street, Poplar—I was at the Lord Nelson public house shortly after 12 on September 24th in the second compartment from the front—about closing time I heard a piercing shriek from No. 1, the public bar—I put my foot on the form and jumped the partition—I saw no one but the deceased, falling with a pitch—I remained till the doctor came.
HUBERT HADDOCK (459 J.) About 12.30 on September 24th I was in the Whitechapel Road—I heard shouting for police—I saw the prisoner running across the Whitechapel Road towards East Mount Street—several people,
were following—I saw Bowden stop him—I went about 1 a.m. with Bowden and searched the front of the Lord Nelson for a weapon likely to cause the death—outside the house, but in the doorway of a shop kept by Mr. Milward I found this knife—the blade was wet with blood—it was on the footway under the step—I handed it to the Inspector at the station.
Cross-examined. I said at the Police Court that I found the knife against the iron railings at the coffee shop—it was by the step leading to the door in the centre of the shop and about eight yards from the Lord Nelson—Milward keeps two coffee shops—it was the second one from the public house.
WILLIAM BOWDEN (416 H.) On September 24th, about 12.30, I was in Oxford Street—I saw the prisoner walking fast, and Pealling following him—Pealling said, "I want that man; he has assaulted the barmaid at the Lord Nelson"—I told the prisoner I should take him back to see what it was—on going through East Mount Street he said to me, "Hold me tight, I have stabbed a woman"—I took him to the Lord. Nelson—I' saw the deceased woman—I told the prisoner I should take him to the station—in the Cambridge Road he said, "Is she dead?"—Broom, 552 J., told him she was—the prisoner appeared excited.
Cross-examined. I have never been in a murder case, only in one of attempted murder—the prisoner had been drinking.
WILLIAM SMITH . I am a slaughterer, of 217, Devon's Road, Bow—I am employed by Harrison and Barber in Winthrop Street, Whitechapel—this knife belongs to me—I was using it on September 23rd, between 12 and 12.30—I went to the Grave Maurice, leaving my knife sheathed in my pouch after washing it—it is not so sharp as when I left it—I saw the man Vincent in the slaughter house as I left it—I returned about 12.30, went to my pouch, and the knife was gone—I have seen the prisoner in the slaughter yard to see his friend who is employed there—he has given me assistance in the yard—after seeing the prisoner about ten that night outside the gates I went to the Grave Maurice and had a drink with him.
Cross-examined. The prisoner used to come and help a bit, for which he received a few pence—he started work again that night about 12.45—I begin night duty at 8 p.m.—I went out the second time before the houses closed—I always wash the knife before leaving it, because a pail of water stands there, or we could not hold the knife in our work; we generally dip it in the pail.
JOHN VINCENT . I live at 38, Northampton Street—I am a carman employed by Harrison and Barber—on September 23rd I drove a cart with a dead horse in it, arriving at the yard about 11.15—there is a clock in the office, but I did not notice it—it may have been about 12 o'clock—about five minutes after I arrived, the men went out for their supper beer—I led the horse that had been drawing the cart to the stables, leaving the carcase on the cart in the yard—the gate was open—the stable is 54 feet from the front of the yard—I went out and returned in three or four minutes to the office in the yard.
Cross-examined I did not take much notice of the time, but the men go out before the public houses close—I only know the prisoner by sight.
ARTHUR SYDNEY DOWNTON . I am a registered medical practitioner, I assist Dr. Ambrose, and live at 174, Whitechapel Road—I was called to the Lord Nelson a minute or two before 12.30—I arrived about 12.40—the deceased was lying on the floor in the public bar—I examined her—I saw no evidence of life as far as I got—whilst examining her the police came in and the body was taken away.
AUSTEN CLEMENT LE ROSSIGNOL . I am house physician at the London Hospital—I was in the receiving room about 12.30 on September 24th and received a summons to the Lord Nelson public house—I went there and saw the deceased—there was no indication of life—she was removed to the hospital where I found she was dead—the next day I made a post-mortem examination—I found two wounds—one was at the junction of the seventh rib by the breast bone on the right side, a horizontal wound, about an inch long; it had penetrated the flesh, entered the covering of the heart, and gone through the right ventricle into the muscles behind—the second wound was on the left side, about the tenth or eleventh rib; it had penetrated through the superficial structures, passed through the spleen, scraped the exterior walls of the stomach, not actually entering it, entered the left kidney, and buried itself in the vertical column—the knife produced might have inflicted, the injuries—considerable force was necessary—this knife is dented about an inch from the handle, the blade is blunt and turned a little at the point—that might have been caused by grazing on the stays or by having struck the breast bone—it looked as if it had been used recently; I saw it the same day—in my opinion the deceased could only have lived a few seconds after the injuries.
Cross-examined. There was no blood on the knife when I saw it—the wound in the heart was the same size as the cut on the breast, within ordinary limits.
JOHN BATE (Divisional Surgeon.) I practice at Victoria Park Square—I was called to the Bethnal Green Police Station at 1.20 a.m. on September 24th—I put questions to the prisoner which he answered in a perfectly rational manner—he was not drunk, but he appeared to have been drinking—he appeared accountable for his actions—on his right hand between the fore finger and thumb was a slight skin cut, with fresh blood—this knife had on it freshly dried blood, by the hilt—it is impossible to say whether it was human blood or that of the lower animals.
JAMES CHRISTOPHER STOCKTON . I am a warehouseman, of 7, Fernley Street, Mile End—I know the prisoner—I was at the Lord Nelson in March when the deceased and Mrs. Starkey were behind the bar—the prisoner said, "Give me my f—g hook, or else somebody will have to go through it"—Mrs. Starkey and the deceased were standing side by side—the deceased walked away—I told him he ought to be ashamed of himself as they had already much trouble in the house—Mrs. Starkey got a hook like this (Produced) from a drawer behind the counter, put it on the counter, and the prisoner picked it up.
Cross-examined. I have known the prisoner five or six years—I believe he works at a wool warehouse—the hook is used for pulling bales—the deceased did not take the slightest notice of the prisoner.
HANNAH STARKEY (Re-examined.) The prisoner had left the hook to be called for—he had no difficulty in getting it back—other people leave hooks for their own convenience, to avoid carrying them—the prisoner said something about not being able to get his hook—the deceased did not know where it was and was looking for it.
HENRY COLLINS (Police Inspector J.) On the morning of September 24th I saw the deceased woman's body at the London Hospital—I afterwards saw the prisoner at the Bethnal Green Police Station—I said, "I have just seen the dead body of a woman I believe to be Martha Jane Hardwick with a wound in her chest"; holding up this knife. I said, "You will be charged with her wilful murder by stabbing her with this knife"—he made no reply to that or the formal charge.
GUILTY . DEATH .
807. MARY MARTIN (50), PLEADED GUILTY to feloniously using an instrument with intent to procure the miscarraige of Ellen Potts, and MATILDA BROOKS (30) , to aiding and abetting her. MARTIN— Three years' penal servitude. BROOKS, who received a good character— Thee months' hard labour.
MR. GRAHAM CAMPBELL and MR. MURPHY Prosecuted, and MR. HUTTON and MR. JENKINS Defended.
LEWIS GARRETT . I am a fruit salesman, of 4, Rosetta Place, Bishops-gate—I was married to the prisoner in September, 1893—I ceased to five with her on April 11th last year—I went to America to find work, because business was bad here—we parted the best of friends—I left her £178 in the Moorfields Bank in Middlesex Street—she has now £78 there—it is my money that I worked for—she kept it from me—I asked her, and she said she had not got a penny of my money—I went once to the bank, but the money had gone, eighteen months before—I gave her the money—it was in her name—I came home at 8.30 on Sunday morning, August 2nd, and found her in bed with another man—I knocked at the door of the house she was living at—it was opened by a little girl who was living in the house—I walked up to the room—I did not want to cause further trouble, so I walked out—I said nothing—on September 2nd, about 11 p.m., I was walking down Whitehorse Lane with my friend Ben Susan, who on September 26th gave evidence at the Thames Police Court, and has since disappeared—I think the other side got him out of the way—Mrs. Emmanuel and another woman were with her—my wife called me a dirty ponce—that means living on a woman's prostitution—she said, "Get out of it, dirty ponce," and when I was walking away she kept repeating the same words—I said nothing—she passed me again repeating the same words, and I stopped—she asked if I had a home to take her to—I said, "Not for a common thing like you"—she deliberately took a hat pin out of her hat and stabbed me with it—I had only slapped her face, that is all—one of her friends said, "Stick the bleeding hat pin
into him"—that was after she had stuck it in once—I walked about 100 yards, and fell—I fainted on Stepney Green—I found I was bleeding—Ben Susan gave me some brandy—I was taken to the police station.
Cross-examined. The prisoner gave me the money to go to America—I did a little work there—I had not then intended to separate; I asked her to come out—I earned 20 dollars a week—she did not come—I returned—I did not assault her till she asked me to provide a home, when I struck her and said, "No, not for a thing like you"—I did not mean to provide for her then—I was in work at Spitalfields Market—I did not intend to have anything more to do with her—other people were there whose names I do not know—Mrs. Saeltiel was not there—she gave evidence at the police court—she stood at her bedroom window—the prisoner's hat did not come off—I did not say, "You whore." and give her another blow—she did not take hold of me by my shoulder—we did not struggle—she did not fall—the people did not call out "Shame"—I did not have hold of her throat—she did not say, "Loo, let me go home, I am your wife"—she was excitable—she did not tell the constable to take me into custody—while holding her, and before the constable came up, I did not say, "Let me go, I will not beat you any more"—when the constables came, she did not say, "I will charge him with beating me"—the doctors wanted to extract the instrument—I refused—I did not feel its effects then; now I do, and am prepared to go back to the hospital at any time—I have never been fined for disorderly conduct; I said at the police court that I was fined 20s. for causing a disturbance and using obscene language—that is true.
GERTRUDE SAELTIEL . I am the wife of Raphael Saeltiel, of 8, High Street, Stepney—on September 2nd, I was with my husband and sister-in-law at the corner of White Horse Lane—my husband left me—I saw Garrett strike his wife unmercifully—her hat came off—he called her a nasty name.
Cross-examined. He struck her a second blow which knocked her hat off—there was no pin in the hat—people came round—the prisoner's lady friends were with her.
HENRY WEBB (228 H.) I was on duty in White Horse Lane on September 2nd, about 10.45 p.m.—I heard a scream—I proceeded with another constable towards Stepney Green, where the screams came from—I saw a crowd of about fifty persons—the prisoner had no hat on—she said, "I will charge that man," pointing to the prosecutor, who was about three yards off—I said, "Who is that man?" she said, "My husband, the dirty ponce"—he walked away—I said, "You have no marks to justify me taking him into custody, you had better apply to the Magistrate"—she walked away—I saw no blows—nothing was said about stabbing.
Cross-examined. The prisoner was looking for her hat—her hair was hanging down her back—she was 100 yards from the prisoner, but he could hear, she shouted loudly—another man went away with the prisoner.
Station at 12.10 a.m.—I found three wounds on his chest—one was in the third intercostal space—it did not appear externally to be serious—when it was washed, two others appeared—they were inflicted by the same instrument, which was somewhat smaller than an ordinary knitting needle—one wound was sufficiently large to admit the end of my fine probe—I did not push the probe down far, because it would push the needle or whatever was there, further in—he was in great distress; when he lay down he became easier—he was kept in a recumbent position for that reason—if it is a hat pin the knob very likely was broken off—he was fully dressed—I found no marks on his clothing of the instrument passing through—he was very much collapsed and rallied on being placed in a recumbent position—I administered brandy—I searched the clothing for some metallic substance, but discovered nothing—the wound is very dangerous still—he was pressed to have it got out as there was danger of blood poisoning, though that is not present now to the same extent, from a septic weapon which had passed through a woman's hair—it would be surgically dirty—about 3.40 p.m., I examined the prisoner—her right eye was contused—she showed me some old bruises on the inner side of her right thigh, and said there was pain, and that they were inflicted the previous night—I thought otherwise—she had received a scratch on the lobe of her left ear, and a contusion of her lower jaw—the bruises were old, because they were getting yellow—the scratch was probably inflicted by her own finger nail—the prisoner is a very powerful man.
Cross-examined. As far as my recollection goes, the prosecutor was wearing a coat, a waistcoat, a white shirt, and under vest.
Re-examined. I have seen the photograph—I have no doubt some foreign substance is there.
CHARLES EWART MILLER . I am house surgeon at the London Hospital—I admitted the prosecutor there after midnight, on September 3rd—he was cold and collapsed—his temperature was normal—that might have been owing to doses of brandy—he complained of pain in his side—I noticed a small puncture on the third intercostal space—he rallied twelve hours afterwards—I applied the Rontgen rays, and procured this photograph—I agree with Dr. Arnett that there is a foreign body, long and thin, probably metal, which makes the shadow, starting on the left side, passing obliquely downwards, backwards, and inwards, entering the pericardium—the nearest point is an inch to two inches—the wound was dangerous in such a part of the body—I suggested that the patient should be operated upon—he said he was frightened at the operation, and declined—he was discharged on September 19th—a radiographer took the photograph produced under my instructions—the instrument that inflicted the wound might have been a hat pin, or a portion of a hat pin—most probably the head was broken off—the wound could have been self inflicted, but I think it improbable.
ERNEST HENRY ARNETT . I am a Rontgen rays specialist at the London Hospital—on September 3rd I took this photograph of Lewis Garrett—it shows a shadow corresponding with a needle or bat pm in the chest—
I have another here—I always have the negatives with me—this was taken when the man was collapsed.
HENRY RUTTER (Detective H.) About 11 o'clock on September 3rd I met the prisoner in White Horse Lane—I told her I was a police officer and should take her into custody for stabbing her husband with a hat pin last night—she said, "Last night I was speaking to two lady friends when suddenly he rushed up and punched me in the face, he kept punching me until my hat came off; I picked it up; he started beating me again; mobs of people came around and cried "Shame; "he then left me; two police constables came and asked me if it was my husband; he said, "Yes;" and then he ran down Stepney Green"—I took her to Arbour Square, where she was detained for an hour and a half—subsequently, when charged, she answered "I never done nothing, it was him beating me."
Cross-examined. The prisoner asked me whether I was looking for her, I think, but there was such a hubbub at that minute by others crying out, that I did not quite understand it.
The prisoner, in her defence on oath, repeated the above statement.
NOT GUILTY .
THIRD COURT.—Wednesday, October 21st, 1903.
Before Mr. Common Serjeant.
809. GEORGE OLDBURY (37), PLEADED GUILTY to stealing and receiving two pieces of chiffon, the property of Rudolf Saenger, his master. Also to wilfully, and with intent to defraud, falsifying a certain book belonging to his employer. He received a good character. To enter into recognisances.
MR. FLEMING Prosecuted.
LLOYD BURGE . I am assistant to Messrs. Sonnenthal, Engineers, of Queen Victoria Street—on August 24th I was in the show room between two and three, when the prisoner and another man entered and asked for a list of drills—I knew them previously—I went down the show room as though to get the list of drills—I asked an assistant to keep his eyes open—instead of getting the list I made my way out at the back and came round the front and saw the other man leave with these chucks under his coat—I followed him and asked a constable to keep observation on him while I went back to the premises—I made my way up the office stairs and got the list of drills, which I gave to the prisoner who was still there—he left the show room and I followed him—seeing he passed Friday Street where the other man had gone, I went after the other man—we stopped him just off Cannon Street and found him in possession of these chucks—I next saw the prisoner at Clerkenwell Police Court—I was taken there by the detectives.
Cross-examined by the prisoner. I did not detain you when I came back to the show room, because I was getting rather anxious about the other man, and I was not certain whether you had bought them.
Re-examined. I had a good opportunity of observing the prisoner on the first occasion.
WILLIAM SARGANT (City Detective.) I arrested the prisoner on September 30th at Clerkenwell Police Court—I asked him if his name was Robert Hudson—he said, "Yes"—I read the warrant to him—he said lie knew nothing at all about it—he afterwards said, "Do you mean that old lag who told them last time that I dragged him into it"—I told him I did not know if that was the man or not—he said, "I did not know he was in"—he made no answer to the charge.
Cross-examined. You did not say "Old man," you said "Old lag."
The prisoner's statement before the Magistrate: "I was not with the man. I was charged with him once before and got fourteen days. I have not seen the man since. No one has picked me out from any others."
Prisoner's defence. "I was charged with the other man once before. I have not seen the man since. On account of that he is trying to bring me into trouble. I am innocent of the case. It was the other man."
GUILTY . He then
PLEADED GUILTY to a conviction of felony at Newington on June 12th, 1901. Fifteen convictions of felony were proved against him. Five years' penal servitude.
MR. OLIVER Prosecuted.
ERNEST FIELDEN . I am a clerk, and live at 127, Manor Road, Brockley—on September 4th, about 11.45 p.m., I was in Moreland Street, City Road, when the prisoner and two others came up behind me—two came on each side of me and the prisoner put his hand in my right hand pocket—they ran away—I spoke to a policeman who ran after them—he arrested the prisoner and I charged him.
Cross-examined by the prisoner. I say you are the man who stole my money—you were close together with the other two and I expect you distributed it—you were sober.
AMBROSE CLEARY (281 G.) On September 5th, about 12.45 a.m., I was on duty in Moreland Street, City Road—I saw the prisoner with two other men around the prosecutor, who was standing against some railings—I went towards them—as soon as they saw me they ran across the road—I saw them pass something one to the other—I ran up to the prosecutor and asked, "What have they been doing?"—he replied, "They have probably done me down this time"—I gave chase and caught the prisoner—I took him back to the prosecutor who said, "That's the man who put his hand in my trousers pocket"—the prisoner said, "You have made a mistake"—during the time I was chasing the prisoner, I did not lose sight of him—he was searched, and 4s. 6d. in silver and 11d. in bronze was found on him.
Cross-examined. I was about forty yards from you at the time of the
robbery—I could not recognise the men with you—I followed you, the other two turned to the left—there were not many people about—I was quite close to you when you turned the corner of Central Street, where I caught you—you did not draw my attention to a man running.
The prisoner's statement before the Magistrate: "I should be thankful if you would settle it."
The prisoner called.
By the COURT. He has a very bad character since that.
Cross-examined by MR. OLIVER. I cannot say whether his parents still live at 17, President Street.
Prisoner's defence. "I was arrested for stealing this man's money. There was not the amount of money found on me. I was going home quietly and I know nothing about the robbery."
GUILTY . He then
PLEADED GUILTY to a conviction of felony at the North London Sessions on April 2nd, 1901, in the name of Edgar John Wilkins, and a number of other convictions of felony were proved against him. Three years' penal servitude.
WILLIAM HENRY BROWN and WILLIAM MARTIN PLEADED GUILTY .
MR. BURNIE Prosecuted; Mr. Sands appeared for Henry Brown.
WILLIAM MACKINTOSH GRAY . I live at the Brunswick Hotel, Charter house Square, City, and am a traveller to Mr. Colin Hewin Cheshire, a silversmith at Birmingham—for my business I hire a brougham to carry samples of silver, with a coachman, from Mr. Bailey, Gray's Inn Road—the prisoner, William Henry Brown, was the coachman off and on for about three or four months before' the robbery—I am only in London occasionally—on Friday, August 28th, William Henry Brown came with a brougham to my hotel about 9 a.m.—a large number of silver articles in packages were placed in the brougham of the value of £1,300—I left the hotel in the brougham about 9.15 and got to Hatton Garden about 10—I went into several offices, leaving the brougham and coachman outside—I went to the City and got back to Bartlett's Buildings, when William Henry Brown went to dinner—he was gone longer than usual—he then drove me to 28, Hatton Garden, when I went to lunch about 1.12—I returned about 2.40 and found the coachman and brougham gone—soon after, he came back without the brougham and made a statement to me—in consequence I took him to the police station, where he was detained on suspicion—later the brougham and horse were brought to the station by the jobmaster's servants, and I found in it about £.300 worth of the property;£1,000 worth had disappeared—before I went to
my lunch I had noticed a smart-looking man with a dark moustache speaking to my coachman—he was similar to the prisoner Henry Brown—to the best of my belief he was the man.
Cross-examined by MR. SANDS. It was about 1.12 when I noticed the man—I was not asked to identify him at the station, but I told the sergeant, immediately I saw him, that I believed he was the man—he was dressed in a dark morning coat with a bowler hat.
Re-examined. When I saw Henry Brown in the dock I told the police coy belief.
ALFRED ATTWOOD . I am a shoeblack of 4, Boot Street, Hoxton—I have a stand in Hatton Garden outside the Globe public house—on Friday, August 28th, I saw a pony and barrow there about 10 a.m.—there were three men in the cart—I believe Martin and Henry Brown to be two of them, the third one is not here—they stood by the side of the cart in conversation—they all went into the public house, and were joined by the coachman—the four men came out and three got into the barrow and drove away—the coachman went to his brougham—I saw the barrow soon afterwards in Charles Street with the same men—they went into the Globe, and were joined By the coachman—after that I walked up and down and all at once missed the pony and barrow—some time afterwards I saw the pony and barrow again, opposite the Ophthalmic Hospital, nearly opposite the Globe—I saw the man who is not here get into the barrow and drive away—I never saw the other men again—on the following Sunday I was taken to the police station, and picked out Martin—the next day I identified Henry Brown there.
Cross-examined by MR. SANDS. I noticed the men the first time—the second time they stopped a considerable time in the public house—I did not notice them come out, as I was attending to my business—Martin was easy to recognise as he has only one eye—I gave a description of Henry Brown to the police—when I was taken to identify him I was simply told they had got a man in custody—he and Martin were wearing jackets—Henry Brown was a smart-looking chap.
Re-examined. It is not a common thing for barrows and men to stand outside the Globe.
FREDERICK ERNEST CAMP . I am a barman at the Globe public house, Hatton Garden—on Friday, August 28th, I saw the, three prisoners in the house about twelve o'clock—they were conversing with another man not here—they left about two—on August 31st I was taken to the police station to identify Henry Brown;—at first I picked out another man, and was asked to make sure, and then I immediately picked out Henry Brown.
Cross-examined by MR. SANDS. I was serving in the bar all the time I was there—the fourth man was dressed like a coster—Henry Brown was dressed in blue clothes, I believe, with a felt hat—at the identification I went up to another man and pointed him out, but I was not sure he was the man.
JOSEPH WILLIAM CAKEBREAD . I am a coachman, of 6, Ethel Street, Woolwich—on Friday, August 28th", I saw William Henry Brown driving a brougham on Clerkenwell Green about 2.55—later in the day I went into
the Three Kings, Clerkenwell Close, and saw William Henry Brown and Martin in there—the brougham was outride—there was a third man who is not here.
Cross-examined by MR. SANDS. The third man was smartly dressed.
ETHEL DUDLEY . I am the daughter of James Dudley, of the Three Kings, Clerkenwell Close—on the afternoon of August 28th I was in the bar, and saw William Henry Brown come in with two other men—one had only one eye, the other I do not recognise—I saw a brougham outside—they left hurriedly without finishing their beer.
WALTER WRIGHT . I am a waiter at No. 1 Distillery, Liverpool Road. Islington—on the last Friday in August I was serving customers in the saloon bar—I there saw a man called Peter, who is the prisoner Martin, with two other men, one of whom, I think, was Henry Brown—they were conversing together—they remained from about 9.30 p.m. to 12 p.m.
Cross-examined by MR. SANDS. Peter you cannot mistake, he is partially blind and has a mark on his face—this was the only occasion, I believe, that I had seen Henry Brown, but it is difficult to remember, I see so many people—there are nine bars at our house, and he may have been in the others—I wait on one bar.
Re-examined. I had known Peter before, but this was the only time I saw him in No. I Distillery.
ERNEST BAXTER (Police Sergeant E.) On Saturday, August 29th, shortly before midnight, I arrested Martin—at two o'clock on Sunday he was placed amongst others and identified by the shoeblack—he was then charged—at eight o'clock on Sunday evening he sent for me and made a statement—he went with me in a cab to 8, Cloudesley Road, Islington, the prisoner Henry Brown's house—Martin was taken back to the station—about 11.45 that night I went with other officers to 8, Cloudesley Road—Henry Brown was not in when we got there—about 12.30 he came in—he was under the influence of drink—as soon as I told him I was a police officer he recovered himself somewhat—I said to him in the presence of other officers, "We are police officers; I am going to arrest you for being concerned with a man named Brown and others in stealing and receiving a horse and brougham and a quantity of silver goods valued about £1,500"—he said, "The stuff is not here; I know nothing about it"—I searched the house and found nothing—he then said to me, "I was done in last time; I will make a clean breast of it. All I want is fair identification"—I handed him over to Sergeants Wyborn and Hayman—Hayman took him in a cab to the station, where he was confronted with Martin, to whom I said, "Do you know this man?" pointing to Henry Brown—he said, "No"—then as he turned round to go back to his cell he said, "I don't know what you mean; this is the man who bought the stuff; you have got the right One. I thought you meant was he a pal of mine"—Henry Brown said nothing at all—the following Monday he was placed with other men, and identified by Attwood and Camp—Martin made a statement to me which was reduced to writing and signed by him, which I read to Brown—he made no reply.
[The Court considered that the statement should not be put in, as it contained a number of statements relating to other persons.]
Cross-examined by MR. SANDS. Henry Brown has two hairdresser's rooms over a shop at Islington, where he carries on business—Martin's statement at the police station in Brown's presence was quite voluntary.
WILLIAM HAYMAN (Detective E.) I was with Baxter when Henry Brown was arrested—on the way to the station he said, "Have they got the others? If you treat me as a gentleman, I shan't grumble; all I want is a fair identification. I shan't be charged unless I am picked out, and if I am I will do my time with a good heart. I suppose one of the mob put me away"—I cautioned him—he had been drinking, but I think he knew what he was saying.
Cross-examined by MR. SANDS. I cannot say how much he had been drinking—I made no reply to his remarks in the cab—I made a note" of the statement at the station in his presence.
Re-examined. The statement was made about 12.30.
Henry Brown, in his defence on oath, said that he had been drinking rather heavily on the day he was arrested; that on the day of the robbery he got to his shop about 9 a.m., and stayed there till a little after ten; that he went out taking some razors to a Mr. Freeman Collier. Street, King's Cross, and went back to his shop at eleven, staying there till 3.15,' that he was in the shop the whole time, with the exception of going out once for a drink; that after that he went to Hackney Road; that prior to being charged he had never seen or known the other prisoners, and that lie knew nothing about the missing silver.
Evidence for Henry Brown.
ALBERT PARTRIDGE . I am Henry Brown's brother-in-law, and' his assistant at his shop—on Friday, August '28th, he came their at 9.30 and went out at 10 or 10.15, taking some razors—he came, back at eleven, and stayed till about two, going over to the Peacock—he came back in a few minutes, and stayed in the shop till 3.15—he went out and returned about 6.30 or seven, and stayed till ten.
Cross-examined by MR. BURNIE. I do not know where he went after ten o'clock—on the Saturday morning I left him in bed—you could get from our shop to Hatton Garden in a little over ten minutes.
Re-examined. I knew on the Monday about the robbery having taken place.
FREDERICK FREEMAN . I am a hairdresser, of 19,—Collier Street, King's Cross—I know Henry Brown—I heard of his being in trouble about a week after the arrest—on August 28th he came to my shop about 10.15, bringing some razors—he waited, as I had some customers, and then we had a drink together—he left me about 10.50 or 10.55.
Cross-examined. I may have said before the Magistrate that I first heard of his being in trouble a "week or so "after.
HENRY MAYNARD . I am. a commercial traveller, of Millfield Road, Clapton—I know Henry Brown by calling upon him—I heard of his arrest on the Monday evening, I think—I called on him on August 28th between 10 and 11 a.m.—he had some customers, and I called again
between one and two, and sold him some trimming—I have offices over Henry Brown's shop—on August 28th I saw Henry Brown there between 1.30 and 2—I saw him again about two o'clock coming from the Peacock.
Cross-examined. I have a special reason for remembering the time, as I had an appointment with my brother.
HENRY BROWN— GUILTY . He then
PLEADED GUILTY to a conviction of felony at the North London Sessions on September 17th, 1901. Two other convictions of felony were proved against him. Five years' penal servitude and three years police supervision. (See next case.)
813. WILLIAM HENRY BROWN also PLEADED GUILTY to conspiring to steal with other persons a horse the property of George Bailey, his master, and to feloniously receiving the said horse and a carriage, his goods; and WILLIAM MARTIN also PLEADED GUILTY to conspiring with William Henry Brown to steal the said goods. Martin received a good character, and was stated to be a dupe of the others. Five months' hard labour. WILLIAM HENRY BROWN— Three years' penal servitude.
FOURTH COURT.—Wednesday, October 21st, 1903.
Before Lumley Smith, Esq., K.C.
814. FRANK HOLLIS (28), PLEADED GUILTY to breaking and entering Brunswick Wesleyan Chapel, Limehouse, and stealing therein a violin, a clock, and other articles the property of Frank Garland and others. Six months hard labour. —
(815). WILLIAM ERNEST RIDDIOUGH (32) , to fraudulently converting to his own use, money entrusted to him by Charles Hook Stephens, Charles Frederick Drake, Henry James Hawkins, Seigfried Kiehl, and John Henry Greenwood. Six months in the second division — [Pleaded guilty: See original trial image.] And
(816). HERBERT WATKINS (35) , to being a trustee of the sum of £3,364 6s. 3d. for the use and benefit of Low, Sons and Bedford, Limited, did fraudulently convert the same to his own use and benefit. He received a good character. Twelve months in the Second Division. [Pleaded guilty: See original trial image.]
MR. J. D. A. JOHNSON Prosecuted.
CHARLES MCWILLIAMS (A Negro.) I am a sailor—on the night of October 1st I was in Wentworth Street, E., with a woman—we walked up a dark court off Wentworth Street, and when we were about midway up Haywood ran up behind me and threw his arms round my neck, nearly choking me—there were three other men; Williams was one of them—while Haywood held me Williams went through my pockets—2s. was taken from me—I shouted "Police" and a policeman came up and caught Haywood—after he was taken to the police station I returned with the policeman to the scene of the robbery and there pointed out Williams.
leave the prosecutor at a running pace—I stopped Haywood—the prosecutor then came up and said that Haywood had held him while the other men had robbed him—I then took him into custody—after the charge was taken I went with the prosecutor to Leman Street, and on the way he pointed out Williams to me as one of the men who had robbed him—I took him to the station—when charged he said, "I only saw him at three o'clock this afternoon."
Haywood's Defence. "I saw the prosecutor fighting with another man, and I stood and looked on, when the constable got hold of me."
Williams' Defence. "I was not near the place."
HAYWOOD— GUILTY . He then
PLEADED GUILTY to a conviction of felony at the Mansion House, on January 1st, 1900, and another conviction was proved against him. Ten months' hard labour. WILLIAMS, NOT GUILTY .
818. JAMES HAYES (27), PLEADED GUILTY to assaulting Edward Batley with intent to resist his lawful apprehension; he was again indicted for robbery with violence on George Davis and stealing £3, his money.
MR. BLYD Prosecuted.
GEORGE DAVIS . I am a labourer—on October 1st, about 1.20 a.m., I was in Brick Lane when the prisoner seized me by the throat, threw me down and took £3 from my side pocket—three other men were with him—I shouted and a policeman came up and captured the prisoner—he made a blow at the constable, knocked him down and got away—the constable gave chase and caught him—while I was on the ground the prisoner lacked me on my stomach—it was a bad injury, and I was an in-patient at the London Hospital for nearly a fortnight—I am an out-patient now.
EDWARD BATLEY (241 H.) On October 1st, about 1 a.m., I was on duty in Black Eagle Street, and saw the prisoner running in the direction of Brick Lane, followed by the prosecutor—I endeavoured to stop him and he struck me on my mouth, knocking me down—while I was on the ground he kicked me on my side and ran away—I gave chase and he was stopped by another constable; I never lost sight of him—when charged at the station he said, "You have made a mistake"—I have suffered a good deal of pain from the kick in the side, but it is better now.
Cross-examined by the prisoner. I did not strike you and blacken your eye.
HENRY BARBER . (96 H.) On October 1st, about 1 a.m., I was on duty in Quaker Street—I saw the prisoner run out of a court; I caught him and we both fell—I held on to him till Batley came up, and he was then taken to the station.
The prisoner's statement before the Magistrate. "I think they made a mistake in catching me."
GUILTY . A previous conviction was proved against Mm. Nine months' hard labour for the robbery with violence , and three months' hard labour for assaulting the constable, to run consecutively.
MR. HUTTON and MR. JENKINS Prosecuted.
NOT GUILTY .
MR. HUTTON Prosecuted.
GUILTY on the second count. Six months' hard labour.
OLD COURT.—Thursday, October 22nd, 1903.
Before Mr. Justice Bigham.
MR. C.W. MATHEWS, MR. BODKIN, and MR. BOYD Prosecuted,DR. COUNSELL and MR. HARNEDY Defended.
(The evidence was interpreted where necessary.)
PIETRO BUONANITO . I am a carpenter, of 3, Baker's Row, Warner Street—I came from near Naples—I have been four years in England—for twelve months prior to September I had been keeping company with Filomena Cerrone as her lover—on Sunday, September 27th, I was in a house in Back Hill about 2.30, when Filomina came in with Spampanoto—the prisoner was standing outside—he went away with Filomena of their own act—after ten minutes the prisoner returned alone and stood outside—I then went out with Clementi Spampanoto—the prisoner was outside—he looked upset—Spampanoto and I entered a beer shop—about 7 p.m. we stood in the doorway of a baker's shop—the prisoner passed two or three times with Filomena—about 9 p.m. I went for a walk in Hatton Garden and other places with my friends Nappi. Robino, and Napolitana—we made a round and came back to Back Hill to go to bed and to sleep—I went to my house—I was on the public-house side of the street—my companions walked in the street, I walked on the pavement—I saw Filomena alone, and wanted to speak to her in a friendly way—I spoke to her on the pavement about the length of this room from the public-house, and opposite a sweetshop, for two or three minutes—she replied, "You are good-for-nothing lazy people, and if you do not go away I shall have you caned, beaten"—when she spoke those words I slapped her in the face once, with my open hand—I believed she was making a joke—we acted similarly when we were together formerly, and I slapped her sometimes, and so it was all a joke—then I felt a shock and found that I had been shot on the left side of my neck, where it shows—I heard three
shots quickly—the second one struck me and I saw the prisoner with a revolver in his hand, seven or eight yards distant—he ran away—Filomena said, "What has been done to you?"—I replied, "Your lover has shot me"—she went after the prisoner, who went towards his lodgings like a fugitive trying to escape—I went to the hospital—I was detained till October 6th—I had no revolver that night, nor any razor—this revolver is not my property.
Cross-examined. I have known Filomena about twelve months, and formerly I saw her mother once—my friends were standing a yard off me, and went after the prisoner—I stood alone with Filomena—I am sure she had no child in her arms—I had not seen the prisoner when I talked to Filomena—neither the prisoner nor I spoke—it is not true that I struck Filomena three or four times in the face, nor that she fell down—I was not drinking that day—we only had a 1s. bottle of Venetian wine between three of us—I did not try to draw a revolver, I had none—eight months ago I carried a revolver—I never drew it upon any person—I once lived at 9, Baker's Row—Giovanino let the room, but the sister I do not know—I lived seven weeks in their house—I fixed up a curtain in the house four months ago—afterwards my sisters and Filomena came into the room—Giovanino was there—my sisters did not try to beat Filomena's mother—I had no revolver then, only a box of matches, and so I could not point it at my sisters—my sisters did not want me to marry Filomena in London, but in Italy—I mentioned the matches because nobody can be stupid enough to want to kill my sisters—the prisoner did not try to snatch a revolver from me, because I had none—I did not threaten him with a razor—I have slapped Filomena before, but only in joking; only a caress—I never saw her face bleed: when I received the shot the blood dropped down my coat—I never caused her face or her mouth to bleed—I carried a revolver two years ago in my jacket pocket—I have a hip pocket—there is nothing in it—my family was contrary to my marrying Filomena.
Re-examined. Both families were contrary and against one another—I ceased using my American revolver because the cartridges were not to be obtained in England—I pawned it nine or ten months ago—I gave the ticket to my cousin's brother.
CLEMENTI SPAMPANATO . I have been in England thirty-five months—I live at 3, Back Hill, Clerkenwell—I am a carpenter—on Sunday night, September 27th, I was with Pietro in front of a baker's shop—the prisoner passed with Filomena, who said to the prisoner, "There is Pietro"—the prisoner replied, "It is all right, the evening shall not pass"—they passed up and down three or four times.
Cross-examined. The time was about 8.45 p.m.—I had been with him from 7 o'clock—the baker's shop is 10 or 12 yards from the public house—I drank with Pietro three or four glasses of beer between 3 and 7 p.m.—I did not notice that Filomena had a child with her—I knew the prisoner—I have known Buonato about thirty months—he is 19 or 20 years of age.
and Filomena passed—Pietro spoke to Filomena, and the prisoner ran away—Filomena said something, and Pietro smacked her face once—the prisoner returned and said, "You carcase, but I will shoot you, draw your revolver"—he then went 7 or 8 yards away and shot at Pietro three ran times with a revolver which he took from a back pocket—he away and we ran after him—he had the revolver in his hand—he was too forward for me to catch him—Pietro had no revolver or razor: nothing.
Cross-examined. The slap was like that (Slapping his own face lightly.)—I do not know if the prisoner took the revolver from his pocket or his belt—he turned his back on Pietro, ran 7 or 8 yards, and then turned round again and fired—Filomena carried a baby, she put it on the floor—it belonged to Giovanina—I saw Filomena smacked in the face—she was on the ground; not before she was struck—she stood on the pavement, she did not fall—Pietro wanted to catch her, but she said, "Let me go"—that was after she had got a box on her ears—I do not know where the prisoner lives—he ran in the direction of Leather Lane—Pietro had had a revolver, but not on this occasion—that was about a year ago—I did not hear the prisoner say, "Why did you strike my cousin?" nor hear Pietro reply, "That is no business of yours," and to my knowledge Pietro has not said it—I was 7 or 8 yards distant to let Pietro talk to his girl—I was standing behind Pietro—the night was dark, but there was a gas lamp a light.
ANTONIO NAPPI . I am a carpenter, of 46, Warner Street—on Sunday evening, September 27th, I walked with the prisoner to Hatton Garden and other places, and returned to Back Hill between 9.30 and 10 with Pietro—I saw Filomena speak to Pietro, who smacked her face—the prisoner was five paces away—he ran away and came back in four or five seconds—then he fired three times with a revolver at Pietro—Ruggiero was in front of the others, who were going in the direction of Warner Street, and on the same side as Pietro—the only revolver I saw was in the prisoner's hands.
Cross-examined. Pietro was fifteen paces away—Filomena carried a baby on her arm—it could walk—she led it along on the pavement—she put it down to speak to Pietro—three shots were fired quickly one after another—I have known Pietro since I have been in England, about four years—he had drink on the Sunday; I never had it—I saw Filomena struck—I saw no blood on her face—I did not see her fall—I ran up when I saw the prisoner fire—I never saw Pietro with a revolver—I was often with him—I never heard Pietro threaten to cut a cross on Filomena's face—I was with Pietro, Robino, and Napolitano, four friends—I stood on the other side of the road to let Pietro speak to his girl—the prisoner was with Filomena when she came up with the baby—then Pietro left me.
ANTONIO NAPOLITANO . I remember Pietro smacking Filomena's face—the prisoner was three paces away—he backed five or six paces, took out a revolver, fired three shots, and ran away—I ran after him and shouted to have him arrested.
Cross-examined. I was on the pavement near the Italian Church with Nappi—we were away from Pietro—Filomena had no child with her.
DONATI PULESANO . I am a hair dresser of Warner Street—I am 16 years of age—I remember the Sunday night when Pietro slapped Filomena's face—the prisoner took out a revolver from his pocket and fired three shots towards Pietro at 6 or 7 yards—the second shot hit Pietro—Ruggeri was going along ahead—I saw him fall at the third shot—I saw the revolver in the prisoner's hand—I saw no revolver in Pietro's possession.
Cross-examined. I was 3 or 4 yards away when the shots were fired—I was on the pavement with the crowd—I did not hear what was said—the prisoner tried to defend Filomena by taking out the revolver immediately she was struck—I said so before the Coroner—I was about three paces off, not eight or nine paces, when I saw the revolver in his hand—I did not say before the Magistrate that the prisoner said to Pietro, "Why did you hit her?"—Pietro did not say, "That has nothing to do with you"—I have never said so—Filomena was holding the baby in her arms with its head by her shoulder—the prisoner ran in the direction of Leather Lane—I saw no one pull out a knife.
VICTOR MAJOR . I am a solicitor's clerk—I live at 22, Cavendish Buildings, Clerkenwell Road—on September 27th, about 10 p.m., at the junction between Lowensthall Street and Clerkenwell Road I heard three reports—I saw the prisoner running from the hill, followed by a crowd—I picked up the revolver in Leather Lane and handed it to an officer.
FRANK THOMAS (453 E.) On September 27th I was on duty at the corner of Eyre Street and the Clerkenwell Road—I heard three pistol shots from the direction of Back Hill—I saw the prisoner running very fast towards Leather Lane—I thought he slipped, but I heard afterwards that he was knocked down—I arrested him and took him to the station.
Cross-examined. The shots were fired very quickly, one after the other.
JABEZ LONG (52 E. R.) I was on duty in Warner Street about 9.45 on September 27th—my attention was attracted by three revolver shots—I saw Pietro in Warner Street, bleeding from a wound at the back of his neck—I had him sent to the hospital—I went to Back Hill—I saw Ruggeri lying on his back on the footway outside the Rising Sun public house—I took him to the Royal Free Hospital—he died in the cab before he got there.
THOMAS BRYSON (Police Inspector E.) I was present at Gray's Inn Road police station when Pietro was sent to the Royal Free Hospital at 11.30 p.m.—he made a statement through an interpreter—I was handed this revolver—the surgeon gave me a bullet—it corresponds with the unspent cartridges in the revolver—a piece of lead was handed to me in Back Hill which corresponds in weight with the bullets in the revolver, 5 or 6 grains—there was no weapon on the prisoner when arrested—this is the prisoner's statement which I took down as interpreted; I told him that he would be charged with the wilful murder of Felice Ruggeri, and with attempting to murder Pietro Buonanito, who was in a critical condition in the hospital—I cautioned him, adding, "Whatever you say will be used in evidence against you"—he replied, "I was in company
with a young woman who is my cousin, and who used to walk out with Pietro; the mother of the girl objected to it; to-day me and her went out with the child, and when we returned, as we were passing Pietro he put his hand to his pocket, pulling out a revolver, and then smacked the girl three or four times in the face; before he could draw the revolver out of his pocket I snatched it from him myself, drew back a few paces, and then fired; Pietro had a revolver first, and then a razor"—the charge was read over to him—he made no further answer—the interpreter put the statement to him, and he said it was correct.
Cross-examined. I directed Detective Wyburn to make inquiries—conviction is known against the prisoner.
ARTHUR WOODWARK . I am a medical practitioner, and was house surgeon at the Royal Free Hospital on this Sunday night—about 10 p.m. I was sent for—the dead man, Ruggeri, was brought to the hospital—he had died very recently—I made a post-mortem examination on the body—the cause of death was a bullet wound in the pericardium which circles the heart, the flow of blood stopping its action—death must have been instantaneous.
JOSEPH CUMMING . I am the resident medical officer at the Royal Free Hospital—on September 27th Pietro was brought in—I saw him two or three hours after he was admitted—he was suffering from a small wound on the upper part of the left side of his neck, just below the ear; it looked like a bullet wound, probably fired at about six feet distant—it is not dangerous, but is in a dangerous area—I should say the revolver was fired from the side or that the man was turning his head round.
GERARD JUDACO . I am an interpreter—I interpreted at the police station on the night of September 27th—the inspector told the prisoner the charge and I heard his answer in Italian—I took it down in English at the time I wrote the statement—(Reading the statement already given by Inspector Bryson.)—that is a correct translation.
ELIZABETH ROBERTS . I am a nurse at the Royal Free Hospital—I was present when Pietro was brought into the ward between 11 and 12 p.m. on September 27th—I attended to him—I searched his clothing—I did not find any razor or revolver.
ANTONIO JULIO . I am a carpenter of 75, St. John's Road—Pietro is my cousin in the sixth degree—in September, 1902, he gave me two pawn tickets—one of them related to a revolver—I kept it till May 6th this year, when I went to Mr. Pocket's at 35, Gray's Inn Road, and redeemed the revolver—this is it—I kept it in my house till I handed it to the police on October 17th.
Cross-examined. I never bought any cartridges for it—I took it out of pawn because there was very little lent on it, 3s. or 4s., and I might have sold it at a higher price and made a profit.
Evidence for the Defence.
FILOMENA CERRONE . I live at 21, Leather Lane, with my mother and sister—I am an artist's model—I know the prisoner, he is an artist's model; he is my cousin, my mother and his mother were sisters—I walked out with Pietro Buonanito some time—I broke off with him on September 24th—on Sunday, September 27th, I went to Giovanino Veechioni to fetch a child—about 8.30 p.m. I brought it to my house—I walked out with the prisoner—I took the shortest road from the house, 62, Margaret Street, to Leather Lane, and returned by the direct road—Giovanino was not at home, and we returned about 9 p.m.—Pietro passed, then he came and spoke to me; then he slapped my face, then he gave me five or six boxes on the ear, and made my mouth and nose bleed—the prisoner said if he slapped me like that he would shoot with a revolver—the prisoner said to Pietro, "Can you do such a thing to a woman?"—Pietro said, "I shall do it to her and to her sister"—after that the prisoner took out a revolver; no, I had seen a revolver in the hands of Pietro—I did not see a revolver in the prisoner's hand that night—I did not see the prisoner fire, any revolver—I heard a report—I cannot say it was of a pistol fired by the prisoner—when I saw the revolver in Pietro's hand I fainted away and fell to the ground—as I fell I heard a report—I had a child in my arms—the prisoner pushed Pietro with his hand—I saw that before I fainted—Pietro threatened me on the Thursday and on the Sunday—the prisoner lives with me and mother—I have not seen him with a revolver—I have always seen Pietro with one—when he spoke to me he always showed me a revolver, and said he would kill me with it—when he came and my mother and his mother were not satisfied, he said he would kill me and kill himself too—that has been said many times, I cannot say when—if I did not want to speak to him he always showed me a revolver, but I always made the matter up with him when mother was not there.
GIOVANINO VEECHIONI . I live at 62, Margaret Street—I know Pietro Buonanito—I lived in Baker's Row about four months ago—I let a room to Pietro and his sister then on the second floor—I asked Filomena she was friends with Pietro, and she always said no—I called Pietro down to hang a curtain, because it was too high for me to reach—he came and hanged it up—then Mrs. Cerrone, Filomena's mother, came in my room and spoke together—Pietro's sisters came down three or four minutes afterwards and caused a row, and called one another nasty names, and I asked them to go away because of the row and trouble, as I had one child ill—they declined to go—then Pietro produced a revolver and said to them, "I will shoot you if you do not leave off making this row causing a disturbance"—that was four months ago—it would not have been twelve months ago—I went to Margaret Street about six or seven weeks ago—I saw the revolver as Pietro ran towards the stairs.
Cross-examined. The door was open on the landing towards the staircase—Pietro was in the room when he drew the revolver—he went towards the door—I saw the revolver plainly—it was against his own sisters
that he was proposing to use it, because they provoked it—the dispute was with Cerrone, the elder.
MRS. HICKEY. Mrs. Vecchioni was living in my house, 19, Baker's Row, about four months ago—I live there still and do laundry work on the ground floor—she had rooms on the two floors overhead—I remember the row about four months ago, but I do not know their names—that man was there (Pietro)—I saw a revolver—it was put in my back parlour window downstairs immediately after the row the window: of my laundry—it remained there about five months—it was put there by an Italian, a friend of Pietro.
The prisoner in his defence on oath, said that he was protecting Filomena Cerrone from Pietro Buonanito, who threatened him with a revolver and a razor; that after he took the revolver from him, and in the struggle he shot with Pietro's revolver to frighten him; and that he had never had a revolver of his own.
GUILTY of manslaughter. Three years' penal servitude.
822. WILLIAM HENRY MILES BOOTY (57), PLEADED GUILTY to unlawfully converting to his own use £8,500 entrusted to him by Francis Clyde Harvey, a trustee under the will of Thomas Shepherd, deceased; also £12,000 entrusted to him by Henry Jack Cumming and the Rev. Thomas Bridge. He received an excellent character. Seven years' penal servitude.
THIRD COURT.—Thursday, October 22nd, 1903.
Before Mr. Common Serjeant.
823. THOMAS JAMES TURNER , Unlawfully obtaining credit for £31 18s. from Robert Henshall, Limited, for £22 18s. 2d. from David Andrew Evans, and for £74 7s. 6d. from Pierie Jules Parpaillon, without informing them that he was an undischarged bankrupt.
MR. MUIR and MR. MURPHY Prosecuted; MR. LEVER Defended.
GEORGE INGLIS BOYLE . I am a messenger in the Bankruptcy Court, and produce the file of Thomas James Turner's bankruptcy—the receiving order was made on January-23rd, 1900, and the adjudication was on February 26th, 1900—that was gazetted—on the file there is an application for discharge heard on June 10th, 1900, which was absolutely refused—he cannot get a discharge under the conditions of the Order—the petitioning creditors were Hosp, Jorckins and Co.
ROBERT HENSHALL .—I am a provision merchant, living at Old Vicarage, Warrington, and Managing Director of Robert Henshall, Limited, of Warrington—in November, 1902, we advertised for an agent, receiving a reply from a Mr. Turner—I wrote to him making an appointment to meet him, which I did—he was the prisoner—I arranged with him that he should represent us—on commission—I returned then to Warrington—
on December 23rd, 1902, we received a letter signed "T. J. Turner," asking us to forward one sample tierce of pigs' tongues and other articles to Robertson Bros., 7, Fort Street, Spitalfields—we did not know the firm, but we sent a tierce of pigs' tongues and ox tongues—we received a number of communications from Robertson Bros.—on January 28th, 1903, we wrote to Mr. Turner, 35, Cock Lane, West Smithfield, complaining of the unsatisfactory state of Roberston's account, and enclosed a copy of the letter we had written them asking for a settlement—at that time I had no knowledge of whom Robertson Bros, consisted.
Cross-examined. Turner had authority to sell on commission for us—it is usual for merchants or manufacturers to appoint agents in London to dispose of their goods on commission—we received a number of tongues back, £15 worth, I believe, out of a total of £33 worth—there was some dispute as to the quality of the tongues—the prisoner introduced us to one or two firms, and we did a little business with them.
Re-examined. It is not usual for an agent to sell to himself in another name—the dispute as to the quality of the tongues was merely a pretext to defer payment; it arose when we pressed for payment.
HARRY BIRCH . I live at 28, Lee Street, Warrington, and am Secretary to Robert Henshall, Limited—in January, 1903, I came to London to see Robertson Bros, and Thomas J. Turner with reference to some goods sent them in December—Robertson Bros, then owed £31 18s.—I went to 7, Fort Street, Spitalfields, where the name "Roberston Bros." was painted up—the shop was shut on the first day—I again went there, and after waiting a man came in; I do not know him—the prisoner came about fifteen minutes later—I asked him about the account—he laughed and said, "Oh, you will get your money all right"—the other man, representing himself as Mr. Robertson, made an appointment for the next day, when I pressed him for a cheque—he said that his brother was not there, and he had not got a cheque book with him—he or Turner did not come the next day—I saw some of our tongues there and took possession of them—no objection was made—I gave a credit note for them.
Cross-examined. As far as I know, the man I saw there was named Robertson—he once mentioned his brother—he said that the tongues were not of the quality expected, but not that they were unsaleable.
Re-examined. He said that his brother had the cheque book.
GEORGE HENRY DIBBLE . I am a cheese factor of Burnham. Somerset—I had some correspondence with Robertson. Bros., 7, Fort Street, Spitalfields, in November, 1902, and afterwards, asking for the price of Caerphilly cheese—on November 10th, 1902,1 received this letter, Exhibit 12 (This asked for a small sample of Caerphilly cheese, rife and ready to sell, Signed "Robertson")—I also received Exhibit 15. addressed from "50, Hatton Wall," signed by "T. J. Turner."
Cross-examined. There was an inquiry for "live old hens, suitable for the Jewish trade "; that was because they were so much cheaper.
KATE ANN SPRATT . I am an egg and butter merchant, of Fewstoke, Somerset—I had dealings with a firm of Robertson Bros., 7, Fort Street, Spitalfields—I received this letter en a printed form, also Exhibits 7
and 8—they purport to come from Robertson Bros.—they relate to cheese.
Cross-examined. I fancy I received a type-written letter, asking for more cheese, from Gracechurch Street, but I have lost it.
Re-examined. I had a communication that they had removed to 59, Gracechurch Street, City, and I sent my bill there, and had it returned from the Post Office.
PIERIE JULES PARPAILLON . I am an egg merchant at St. Malo—in January, 1903, I advertised in the Grocer that I wanted to send eggs and butter to cash buyers, and had several replies—amongst them I got this reply (Exhibit 22) addressed from 35, Cock Lane, London, E.C., February, 1903 (Asking for samples to be sent.)—I sent some eggs and got paid for them—I received another letter on February 19th, 1903, and in reply sent three cases and was paid—I received various requests for goods during February and March from Mr. Turner, at Hatton Wall—£47 15s. was then due—I sent no more goods to Mr. Turner—I have never received any of the £47 15s.—in March, 1903, I received a letter on a printed memorandum form from "James Gates. Produce agent and salesman, 13, Peter's Lane, West Smithfield," asking for prices—I received various orders for goods from Mr. Gates—on August 24th, 1903, I wrote pressing for payment, £22 12s. 6d., was then due—I got no answer at all—I did not know at that time who Gates was.
Cross-examined. It is not usual to send French produce to be sold on the English market through salesmen—some people do, but I do not—I have lost the copy of my advertisement, but I advertised for buyers not agents—I never send any goods out except for a firm price.
Re-examined. In all the letters I received there was nothing about commission.
DAVID ANDREW EVANS . I am a butter merchant, of Cardigan, Wales—on June 23rd I received this type-written communication in Welsh (Stating that the writer was a buyer of farmer's goods and wished to make himself known)—I wrote to "James Gates" for a quotation for butter and received this reply (This stated that the writer would pay 10d. a pound for butter in bulk, and 10 1/2d. in rolls, and would pay carriage, and that he must have samples.)—I sent him, on or about June 23rd, a sample cask labelled "Welsh Factory Butter"—it weighed 60 lbs., at 10d. a pound—I sent eight firkins on or about July 3rd, at 10d. a pound, value £19 19s. 2d., to "James Gates, 13, Peter's Lane, London"—the casks are charged 1s. each—I was not informed that the prisoner was an undischarged bankrupt.
Cross-examined. The heading of this circular says, "James Gates, poultry, pork, provision agent and salesman," but he was a buyer—I understood he was a commission salesman to some, but not to me—what I supplied him with was of the value of over £20—I received no complaint as to the weight of the butter—some firkins weigh 56, 58, or 60 lbs.—in September I saw one of my casks outside a Mr. Jenkins' shop, but the butter was gone—the butter I supplied was a very good quality.
Re-examined. I sent nine casks to Mr. Gates—the first one weighed
60 lbs.—the details of the weights are: 68 lbs. the gross weight; 7 lbs. is the weight of the wood and (31 lbs. the net butter weight.
CHARLES CRAWLEY . I am a carman to the Great Western Railway Company—I delivered the goods stated in this delivery note at 13, Peter's Lane, West Smithfield—a man was sitting at the table, but I do not know him—I told him I had a cask of butter, and there was 2s. to pay—he said he would fetch the man to pay me—a man resembling the prisoner came and paid me—this receipt was given me, "Received in good condition, J. Gates"—the first man I mentioned signed it.
Cross-examined. The weight here is 2 qrs., that is 56 lbs.
ALFRED KIFF . I am a carman to the Great Western Railway Company—on July 4th I took the eight casks of butter mentioned in this delivery note to 13, Peter's Lane—I saw a gentleman in the office, and there were one or more men in the shop—a man named James signed for them—they came from Llano, Wales.
Cross-examined. Four hundredweight is the weight given here—I cannot say whether that is correct or not.
HENRY THOMAS GARNOR . I am chief inspector of the Goods Police Department at Paddington Station—I received this memorandum, dated June 30th, 1903, on a printed form: "Please deliver the goods to the above address at your earliest convenience. Yours truly, James Gates"—that related to a cask of butter—the weights are put down at the sending station—they are invariably accurate; the scales are tested every day.
Cross-examined. I cannot say whether the checker weighed them exactly or not-we have no interest to misrepresent the weight.
By the COURT. If the weight was 4 cwt. 7 lbs., we should only charge for 4 cwt.; but if 4 cwt. 14 lbs., we should make an extra charge.
JOHN JENKINS . I am a dairyman, of 137, King's Cross Road, London—on July 16th, 1903, I bought a cask of butter from a traveller—I paid for it, and got this receipt of July 23rd—I kept the label—this is it—the butter was weighed, and was found to be one or two pounds short—it came to £2 2s. 9d.
Cross-examined. It was salt butter, and I paid 9d. a pound for it, which is a fair price for butter to sell at 1s. a pound; but it should have been 10d. or 11d. a pound—the traveller told me it weighed 60 lbs.—it was found to be 57.
HARRY JOHN CRAWFORD . I am manager to the Educational Supply Association, 52, Hatton Wall—the prisoner took two rooms as offices at 50, Hatton Wall—this is the agreement, dated February 17th, signed "Thomas James Turner"—I did not see it signed—he said he intended to carry on the business of a provision merchant—no rent has been paid.
Cross-examined. A preliminary payment was handed to our secretary of £3, which I was told was for the agreement—I believe I said before the Magistrate, "Defendant paid £2 to cover the rent to March 25th."
ALPHEUS LOVELL . I live at 12, Kenton Road, South Hackney, and am agent for 7, Fort Street, Spitalfields—I had a shop to let in November, 1902, and the prisoner came to me wanting to take it—I told him the rent was 8s. a week—I asked him his name—he said he wanted it for
Robertson Brothers—he rented the shop by the week—the tenancy came to an end after thirteen weeks, by a notice from me—he was several weeks' rent in arrear.
Cross-examined. I assumed that he was Robertson Brothers—he paid one week's rent in advance—I went every week for the rent, but I do not think he paid any—I do not remember seeing him again.
GILL (Detective Sergeant G.) On August 27th I went to 13, Peter's Lane with a warrant for the prisoner's arrest—I saw him there and asked him his name—he said, "Thomas James Turner"—he was trading there in the name of James Gates; he said, "I am responsible for everything here"—I read the warrant to him—he replied, "That warrant never ought to have been granted; I know I am an undischarged bankrupt; that warrant has been obtained by fraud"—he was subsequently charged with Mr. Evans' case; he replied, "That is not true; Evans sent me the butter to sell, and there it is on the premises"—I searched the premises, but found no butter whatever—I found a quantity of circulars headed "James Gates" and "Robertson Brothers"—when he was arrested two men were there, Frederick Benwell and Henry James—James said in the prisoner's presence that he had been employed as porter-and casual clerk by Turner for about three months—the prisoner said nothing to that—I have examined a number of the exhibits in this case, and say that they are the prisoner's writing—we found also at his premises a number of old pass-books; one is "In account with the London and South Western Bank, Limited, West Smithfield, Thomas Turner, 35, Cock Lane."
Cross-examined. I am not an expert in handwriting, but I have seen a good deal of Turner's—James' writing is very similar to Turner's—I do not know that it is the custom of commission salesmen to wire to the producers the prices they can get for the goods—when the prisoner was arrested previously on a similar charge, which was dismissed by the Magistrate, I seized his papers and books, and made use of some of them for these charges.
CHARLES GULLIVER . I am the agent for the letting of 35, Cock Lane, E.C.—on March 20th. 1902, I entered into this agreement for the letting of it—it is signed "Turner"—I do not know who took possession, and cannot say how long the tenancy lasted.
ALBERT LEECH (Detective Sergeant G.) I went to 13, Peter's Lane and searched the premises on August 27th, and found some of these labels there—on August 28th I searched 15a, Long Acre, where the prisoner lives—I found Exhibits 1, 2, and 5 there.
Evidence for the Defence.
apart from his misfortune of becoming bankrupt, I have known nothing against his reputation, and to the best of my knowledge he bears the reputation of an honest and respectable man.
Cross-examined by MR. MURPHY. I have sold goods for him as a commission salesman in small amounts.
Re-examined. His bankruptcy was common knowledge in the market.
GUILTY . Fifteen month's hard labour on the First count and twelve month's hard labour on the others, to run concurrently.
FOURTH COURT.—Thursday, October 22nd, 1903.
Before A. J. Rentoul, Esq., K.C.
824. HEINRICH EDWARD ADOLPH WOLTERS (30), PLEADED GUILTY to uttering a transfer of 100 shares in the New Balkis Eestering Company, Limited, knowing it to be forged; also to uttering two transfers of 300 shares and 150 shares respectively in the Transvaal Exploring Land' and Minerals Company, Limited, knowing it to be forged; also to uttering an authority for the delivery of a transfer of shares, knowing it to be forged; also to uttering a warrant for the payment of money, knowing it to be forged. Twelve months' hard labour. —And
(825). ALBERT KEEBLE (27) to forging a circular letter purporting to come from W. H. Schwind, requesting the payment of money as consideration for—information to be given by him upon the subject of horse racing; also to attempting to obtain £18 18s. from Richard Arthur Barton with intent to defraud. Six months in the second division. [Pleaded guilty: See original trial image.]
MR. TRAVERS HUMPHREYS Prosecuted.
CHARLES SHIPLEY (363 J.) On September 8th, about 1.30 a.m., I was in Buckhurst Street, Bethnal Green—I heard a disturbance, and on proceeding to the spot I heard the prisoner outside No. 6 knocking at the door and shouting—I asked him to go away—he said, "My father has locked me out, and I mean to get in to-night"—I told him I should arrest him if he did not be quiet—he did not desist, and I arrested him—he immediately turned round and kicked me deliberately in the groin—the door was then opened, and he rushed inside—Sergeant Crow was present when he kicked me, and he followed him into the house—Constable 426 came up in response to Sergeant Crow's whistle, and also went into the house after the prisoner—the kick quite disabled me, and I remained down stairs—the same morning I saw adoctor, and he ordered me to bed for a fortnight—I am on the sick list still.
Cross-examined by the prisoner. I did not see Sergeant Crow strike you—I was quite sober—I did not follow you into the house.
GEORGE CROW (Police Sergeant, 1 J.R.) On September 8th I was in Buckhurst Street about 1.30 a.m.—my attention was attracted to No. 6—I went there and found the prisoner making a great noise—Shipley was
trying 10 get him to desist, but he would not, and Shipley arrested him—he wrenched himself away and deliberately kicked him in the groin—I blew my whistle, and followed the prisoner into the house—as he ran inside he said, "I have put one of them out"—he ran up stairs, and in running up I caught one of his feet and stopped him—three or four of the family then got hold of me and succeeded in pulling me away from the prisoner—Cox then came up, and we went up stairs and found the prisoner under the bed—I arrested him—I had to move the bed to get him out—he was taken to the station, and when charged said, "I did not kick him, it must have been my father."
Cross-examined. I did not strike you at all—it is not true that you were covered with blood when taken to the station—we had to bring you down stairs head first because you were so violent.
THOMAS COX (426 J.) On September 8th I was on duty in Darling Road about 1.30 a.m.—I heard a police whistle blown, and proceeded to No. 6, Buckhurst Street—I went into the house and saw Sergeant Crow struggling on the stairs with the prisoner and several other men—they succeeded in pulling the Sergeant away from the prisoner, who ran up stairs—we then went up and found him under the bed—he was very violent when arrested.
Cross-examined. I did not see Sergeant Crow strike you with his truncheon.
JAMES BATE (Divisional Surgeon J.) Shipley was brought to my house about 2.15 a.m. on September 8th—I found a large swelling on his left groin and an abrasion of the person—bruising showed itself later—it was an injury of considerable danger—I put him on the sick list, where he has been since—it is very probable that a kick may have caused the injury.
Cross-examined. An accidental kick could not have caused all the injury; it must have been a very violent kick.
The prisoner, in his defence on oath, said that on the night in question he came home late, and was locked out of doors; that he knocked several times, and that Shipley came up and asked what was the matter; that he told him; that Sergeant Crow then came up and, without any provocation, struck him in the face; that Sergeant Grow was drunk; that the door of the house was then opened and he ran up stairs and hid behind the bed because he was frightened; that the constables followed him up, and that in the bedroom Sergeant Crow hit him on the head with his truncheon, knocking him insensible; that he remembered no more till he was being dragged along the street to the police station; and that it was not true that he deliberately kicked the constable.
Evidence for the Defence.
ELIZA MANN . I am the prisoner's sister, and live with my father at No. 6, Buckhurst Street—on September 8th I remember my father locking the prisoner out—he knocked several times and I went down stairs to let him in, but my father would not let me do so—I then went up stairs and looked out at the window and saw my brother talking to a constable—I saw the Sergeant come up within a few minutes and without saying anything he dealt my brother a heavy blow in the face—I then ran down stairs
and let him in, and he ran up stairs and got under the bed—the policemen followed him up and pulled him from under the bed, and Sergeant Crow hit him across the head with his truncheon—they brought him downstairs insensible and let him rest a quarter of an hour with his head propped against the leg of the table to bring him round—they then took him to the station—I followed, and found his waistcoat in the middle of the road—when I saw him at the station he was covered with blood.
Cross-examined by MR. HUMPHREYS. I did not hear my brother use any bad language—I did not see anybody kick the constable—it is not true that the injured constable did not come into the house.
ANNIE MANN .—I am eleven years of age—the prisoner is my brother—on the early morning of September 8th I was in bed and heard my brother talking to somebody outside—I looked out at the window and saw that he was talking to a constable—I then saw the Sergeant come up and hit my brother in the face—there had not been any row previously—my brother then ran up stairs and three policemen followed him up and there was a great scuffle—in the bedroom the Sergeant hit my brother on the head with his truncheon.
Cross-examined. I have not been talking this case over with my sister—she has not told me what to say.
WILLIAM PITMAN . I am a carman, and lodge with the prisoner—I sleep on the ground floor—I was in bed when he came home on September 8th—I heard him knock at the door and heard his father refuse to let him in—after some little time I heard the prisoner say, "Don't hit me again"—the father then opened the door and the prisoner ran in followed by the policemen—I do not know what occurred up stairs as I did not go up.
Cross-examined. I did not take part in any scuffle upon the stairs—I did not see anybody catch hold of the Sergeant and prevent him holding the prisoner—I do not know how the constable was injured.
Evidence in Reply.
Cross-examined. There was no blood on you when you were brought into the station.
The prisoner received a good character.
GUILTY — Four months' hard labour.
MR. MAHAFFY Prosecuted.
GUILTY . One month each in the Second division.
MR. WARREN Prosecuted; MR. PICKERING Defended.
GUILTY . Twelve months' hard labour.
MR. MACKAY Prosecuted.
THOMAS ANSTEY . I am barman at the Duke of York public house, King's Cross—on September 5th, about 1.30 a.m., I was in the City Road on my way home—Daly seized me by my throat while Frith rifled my pockets, taking a watch value £2 10s. and 8s. in money—I was quite sober—I did not lose sight of Frith before he was caught—Daly got away—on September 11th I was taken to Worship Street Police station and asked to pick out the other man who had assaulted me—I had no difficulty in identifying Daly—I have no doubt that the prisoners are the two men.
Cross-examined by Frith. I held you till the constable came within a few yards, and then you broke away, but I did not lose sight of you.
JAMES PHILLIPS (92 G.) I was on duty in Wharf Road, City Road, at 1.45 a.m., on September 5th—I saw the prosecutor and Frith in the road struggling—I thought they were drunk at first—as I approached them I saw Frith break away—I gave chase, and Collins stopped him—he ran out of my sight.
WILLIAM COLLINS (49 G.) I was on duty in the City Road at 1.45 a.m. on September 5th—I saw Frith running in Windsor Terrace and stopped him—the prosecutor then came up and identified him as one of the men who had robbed him—he was perspiring and out of breath when I stopped him as if he had been running some distance—at the station Frith was searched and 2s. was found upon him—I afterwards went down to the place where the prosecutor was assaulted and found this key."
JAMES LANG (Detective G.) In consequence of inquiries I made, I arrested Daly on September 11th—I told him I should take him into custody for being concerned with James Frith in committing highway robbery with violence on the early morning of September 5th—he said, "All right, I suppose I shall be put up for identification"—I took him to the City Road Police station where he was put up with nine other men and identified by the prosecutor—when identified, he said to the prosecutor, "You are making a big mistake, I will have you up for perjury"—the prosecutor replied, "I am sure you are the man"—he was then formerly charged, and he asked what time the offence was committed—he was told between one and two o'clock in the early morning—he said, "I was at home in bed at that time"—I know both the prisoners as associates.
Frith, in his defence on oath, said that the prosecutor was drunk when he charged him, and made four different statements as to what he had lost; and that it was a charge got up against him by the police.
Daly, in his defence on oath, said that on September 4th he went to Barnet
Fair and got home about nine o'clock wringing wet; that he sat and dried his clothes at home and did not go out again till ten o'clock the next morning.
Evidence for Daly.
MRS. BENNETT. I opened the door for Mr. Daly when he came home on September 5th—it was about nine o'clock; I remember the night because it was the night of Barnet Fair, and it was raining very heavily—he did not go out again that night—I was up till two o'clock doing needlework and should have heard him if he had gone out.
MRS. DALY. I am the wife of the prisoner Daly—on the evening of September 4th I went to my mother's and got home about ten o'clock—I found my husband dosing in the arm chair and his clothes before the fire drying—I roused him up and we went to bed—he did not leave the house till ten the next morning.
Cross-examined. I remember this night because it was the night of Barnet Fair, and I knew my husband was going there.
MISS LEX. On Saturday, September 5th, at 1 a.m., I saw Daly in bed—I remember the night, because it was a pouring wet night, and I did not get home from business till twelve o'clock.
Cross-examined. I went into the prisoner's room to ask his wife to lend me a book, as I had to sit up to dry my clothes.
GUILTY . They then
PLEADED GUILTY to convictions of felony at the North London Sessions, Frith on April 18th, 1900, and Daly on August 12th, 1902. Seven other convictions were proved against Frith and one against Daly. Two years' hard labour each.
NEW COURT.—Friday, October 23rd, 1903.
Before Mr. Common Serjeant.
MR. MUIR Prosecuted.
During the progress of the case the prisoner stated in the hearing of the Jury that she was guilty, and they returned that verdict. Discharged on her own recognisances.
MR. JENKINS Prosecuted.
GUILTY . Fifteen months' hard labour.
THIRD COURT.—Friday, October 23rd, 1903.
Before J. A. Rentoul, Esq., K.C.
833. WILLIAM THOMAS ATKINSON (54), and EDWARD ABBOTT (46) , Obtaining by false pretences from Charles Sampson Green and others £2 10s. and other sums by false pretences. Upon this and upon another indictment against Atkinson for obtaining goods and credit by false pretences ,MR. GILL, for the prosecution, offered no evidence.
NOT GUILTY .
MR. PERCIVAL CLARKE Prosecuted; Mr. Charles Mathews appeared for Arnold, and MR. LEYCESTER for Sargeant.
ERNEST WILLIAM SYKES . I am assistant secretary to the Institute of Bankers—I live at 20, Queen Ann's Grove, Bedford Park, Chiswick—on September 1st I missed from my house six silver fruit knives, a silver plated fish, slice and fork, half a dozen silver plated fish knives and forks, a silver gong, a silver tea caddy with spoon, and three silver serviette rings—I identify the articles produced, each having private marks put on by myself and members of my household; the "W "is the initial of my sister's name and the "J "that of her husband—I have here a silver candlestick which corresponds with the other one that was missed—the whole of the articles I missed are here—they were kept on a sideboard in the dining room close to a French window leading into the garden—some were on the shelf of the sideboard, and some otherwise—when I discovered my loss I gave information to the police—these articles were shown me in the police station at Notting Dale about October 2nd.
CHARLES HARTNOLL (32 X.) About 2.30 on September 21st I went with Inspector Littlejohn to Arnold's premises in Uxbridge Road—he occupies several arches; in one is a wheelwright's business, and in another a marine store—Littlejohn said to Arnold, on finding a small iron safe, "We have reason to believe stolen property is contained in that safe"—I asked him what it contained—he said, "Only my ticker"—Sargeant said, "That is right, only the governor's ticker"—I was not satisfied, and Arnold tried to unlock it with a key he had—eventually it was broken open with a hammer by Sargeant, and inside it we found the property produced—in reply to a question, Arnold said, "That belongs to me, I bought it off two men"—he was unable to say what he gave for it, or when he purchased it—he did not say who the men were—he had no receipt—other articles were found—I took Arnold into custody—on the way to the station he said, "She has done it, but I will see that she don't have a penny of my money"—I took possession of the safe key—we tried but were unable to lock or unlock it after the key had been taken from the lock, although they said at first that they could unlock it.
Cross-examined by MR. MATHEWS. Arnold has four or five arches and a large quantity of stock—I believe I said before the Magistrate that the key was in Arnold's possession—the key was not in the safe—Arnold put the key in it and tried to unlock it—I did not say that the key was
in it nor that someone had tampered with it—my depositions were read over to me and I signed them—it is not correct that Arnold took the key and put it in the safe—he said he could not unlock it—these articles were taken from the safe, the paper unwrapped, and they were shown to Arnold—there were several other things—as the Inspector took an article out of the paper he said, "Where did you get this from?" and Arnold said it belonged to him, and that he had bought it off two men—when he said, "She has done it" he did not tell me who the she was—I have heard that there is bad feeling between Arnold and his wife, and that they have appeared before the Magistrate and at the Sessions—they are living apart—she was on the premises while I was there—after, we told Arnold the safe would have to be opened he instructed Sargeant to smash it open.
Cross-examined by MR. LEYCESTER. I did not know Sargeant was engaged as foreman; I do now—I made a note of the conversation at the time—Littlejohn took Sargeant, and I took Arnold to the station.
Re-examined. There were one or two silver and some plated watches in the safe, also a massive gold ring.
WALTER LITTLEJOHN (Police Inspector X.) I was with Hartnoll, and at the far end of an arch amongst some old rubbish I saw the safe—I said to Arnold, "What have you got inside there?"—he said, "Nothing, only my old ticker"—I said, "I believe you have got something else there, I want it open"—Sergeant said, "No, it is all right, there is only an old ticker there"—I said, "I must have it open"—he said, "I cannot unlock it"—the key was in Arnold's" hand—I asked Sargeant first—he refused—I said, "I must have it done"—he said, "Who will take the responsibility if I break it open?"—I said, "I will"—Sargeant broke it open with a large hammer—these things were found inside it, with other property, but not that of a wheelwright or dealer in old iron—there was a pair of boots, three or four watches, and things like that—the prisoners were arrested—I asked Arnold how he came with those goods—he said he bought them of two men—I said, "Have you a receipt for them?"—he said, "No"—they were taken to the station—afterwards we searched the place and found this jack belonging to a railway company—it is used for raising carriages for repairing—it is said to lift two tons, but it will lift seven or eight—I found it in a corner of the shop—I asked him where he got it from—he said, "I bought it at Stone's at Smithfield Cattle Market"—I asked "Who from?"—he said he did not know—Inspector Pollard found a lot of other property—Arnold has a wheelwright's and store business and Sargeant buys and sells; he is practically manager—I told them I should arrest them for stealing—they were taken to the station and afterwards charged.
Cross-examined by MR. MATHEWS. The key was put in the safe by Arnold—no statement was made as to the safe having been, tampered with—Arnold only said, "I cannot open it"—I found some aqua fortis—there was a large amount of stock.
Cross-examined by MR. LEYCESTER. I believe I mentioned at the police court that when Arnold said there was nothing in the safe but an old
ticker Sargeant said, "It is ail right, I know he has only got his old ticker there"—I did not notice that that is omitted from my depositions—I did attach importance to it—I made a note of it.
Re-examined. I was not called to give evidence about the silver that was found.
EDWIN POLLARD (Detective Inspector Y.) On September 21st I visited the premises about 4 p.m.—both the prisoners lived together in a five roomed cottage at the back of the arches—there is a coach builder's shop, a paint shop, a forge shop, one arch for a wash house, old iron and lumber, and a pony was in a stall in one arch—there is a loft—I took possession of these two metal bearings, and some furs and other things; I saw the jack produced—from inquiries I found the owner, who attended at Notting Dale Station and charged the prisoners—these are costly bearings and are used on electric cars or carriages—they belong to the Central London Railway—I found them in a loft to the cottage—when Arnold was charged with stealing the jack he said he bought it—I asked him if he had a receipt for it—he had not got it—I took this aqua fortis from the safe—it is used to test gold and silver—he was charged with stealing the property—he said, "I bought it"—I said, "Where is the receipt?" he said, "The man does not give receipts"—in the living room behind the shop, on a shelf covered with dirt, was a silver plated goblet.
Cross-examined by MR. MATHEWS. The value of the metal bearings is about 18s. 6d.—Arnold said nothing about the jeweller's scales or the pots.
JOHN PATTISON THOMAS . I am an electrical engineer employed by Thomas Houston and Company, which has been doing work for the Central London Railway, near Shepherd's Bush—we use a lot of these jacks—the mark "B.T.H. Co." has been obliterated from this jack, the number is still there—the value is about £3—we missed this jack about June—its loss was reported to me—when I saw it on September 21st I had no doubt it was ours.
THOMAS SMITH . I am car superintendent of the Central London Railway Company at their Shepherd's Bush depot, which is near the arches in the Uxbridge Road—these are new bearings which we use for the electric cars—we have them made specially—I missed three bearings—the "C.L.R." on these is erased, but I have one here with the initials—these are our property—I do not think any other company has any bearing like it.
Arnold, in his defence on oath, said that his wife, who was at enmity with him, may have put the goods into the safe; that he knew nothing of them or the bearings, and some of the other property found; but that he bought other property as a dealer, and that he did not know how to use the aqua fortis.
ARNOLD, GUILTY — Seven years' penal servitude. SARGEANT, NOT GUILTY . Upon another similar indictment no evidence was offered against Sargeant.
NOT GUILTY .
MR. HUTTON and MR. FORDHAM Prosecuted.
GUILTY. The prosecutor recommended him to mercy. Three months' hard labour.
NEW COURT.—Wednesday and Thursday, October 21st and 22nd; and
OLD COURT—Friday, October 23rd, 1903.
Before Mr. Recorder.
836. CHARLES AUGUSTUS COOPER , Feloniously, and without lawful excuse, having in his possession forged and counterfeit dies resembling those of the Goldsmiths' Company in London. Second Count, Feloniously forging and uttering certain marks, of dies used by the said company upon three base metal finger rings.
MR. BODKIN and MR. GRAHAM CAMPBELL Prosecuted; and MR. COHEN Defended.
HERBERT WILLIAM ROBINSON . I am the chief officer at the Assay Office of the Goldsmiths' Company in London—I have the duty of assaying and marking gold wares by punches—the dies and punches are engraved from year to year—they are destroyed annually in May, and fresh punches are engraved for the following year—they get worn by use towards the end of the year and do not produce such sharply defined marks—the dies used for marking gold wares are the Crown, the figure denoting the standard 18 or 22, a leopard's head, which, is the usual mark of the London Goldsmiths' Company, and a date letter—the other standards are 15, 12, and 9 carat, making five altogether—the Crown and the "18 "are the marks which are especially prescribed for the 18 carat gold—rings are brought in the flat to Goldsmith's Hall to be marked, they are straight and not manufactured into rings, they have to be turned up and down—articles are supposed to be sent to the Hall complete in every detail and properly soldered together, except where it is impossible to mark the article when it is complete—the polishing is done afterwards in the majority of cases, and the marks very often become partially obliterated in the course of finishing—the leopard's head is a difficult mark to impress clearly—22 carat gold is softer than silver, "18 "is probably harder, or about the same—the inferior qualities are made harder by thealloy—the marks are affected by wear and become less distinct—we use straight punches; sometimes a separate punch and sometimes a combination one—as a rule we use a combination punch which marks them for rings with one blow—we mark gold chains with the Crown and "18 "on an 18 carat gold chain, on every link except one, which has the leopard's head and the date letter, so that every link-bears two marks—no special order in which we put on the marks is prescribed by Statute, and we vary the combination marks from time to time, sometimes the Crown may come before the "18" and sometimes the "18" before the Crown—a few pence are charged for marking gold and silver articles, but that does not support the expense of the Assay Office—in May this year, the Company took criminal proceedings against Solomons, Curtis, and Gould under the Act of 1344 for uttering articles with the
marks upon them; they pleaded guilty, and were sentenced at the June Sessions of this Court—the rings and chains which were produced as being in their possession have since then been in the Company's possession—this ring (Produced) is one of those produced at that trial; it is a genuine gold ring and, I believe, of French manufacture—it has a French mark outside it, an eagle's head, I believe—it is marked with the French hall mark; they mark, I believe, on the outside—on the inside I find a mark resembling a leopard's head, "18 c," and a mark like a Maltese cross; that conveys no idea to my mind; there is no hall mark like that that I know of—it is a small Roman "c "similar to a letter which was used by the Company in 1898—this ring Exhibit No. 2 is a base metal ring; I find inside a mark resembling a leopard's head, the figures "18 c," and a Maltese cross, and on the outside there is a dent very similar to the mark on the French ring, it looks like a stamp; it is no sort of French hall mark—Exhibit 3 is a ring and a chain; I find on the ring a Maltese cross, the figure "18,"a blurred mark, which may be anything, and the letter "c"—there is nothing on the outer side—the chain is base metal, but each link is marked "18 c."—Exhibit 7 is a base metal ring with a dent outside the same as on Exhibit 2, and a mark inside imitating the leopard's head and "18 c."—the base metal rings Nos. 2, 3 and 7 are all similar in pattern to the genuine French ring, Exhibit I—the stone in the French ring is a common diamond; I believe it is genuine, but I am not a judge of stones—these other rings I believe are not genuine, but they are similar in regard to marks and numbers except the last, which has only three marks—No. 1, 2 and 3 have four marks, Exhibit 7 has three but no Crown—I think they are all put on by the same die—these four punches (Produced) are curved, they are for the purpose of marking rings when they are actually in the hoop—this one would produce an "18," another a Maltese cross, and another is an imitation of a leopard's head; not a genuine leopard's head of the Company—there is also a small Roman "c," very similar to the real serial number—these two straight punches would produce one an "18" and the other "18 ct."—that is a combination punch, a "c" and a small "t"—we never have two letters on genuine punches, and never use a letter "c "except as a date letter—we change the letter every year, on May 29th, and when we come to the end of the alphabet we have another of another kind of letters—in my opinion the marks on Exhibits 1, 2, 3 and 7 are capable of being produced by these punches—I think they have been used by the look of the blunt end—they are not genuine 'dies of the Company, they are counterfeits—Cooper has never been in the Company's employ in any capacity—I have been with the Company between thirteen and fourteen years—the Goldsmiths' Company is the only authority in London which has the right to mark gold and silver ware—they had the duty imposed upon them by Statute; all plate has to be brought to us for the London hall mark—there are provincial hall marks of Birmingham and Chester, but the leopard's head is peculiar to London.
Cross-examined. We employ for these dies and punches the very best
class of engravers obtainable—the Crown, the "18," the letter, and the leopard's head are in straight lines, but not always in that order, we might have the Crown first, and then the leopard's head; the order is laid down in the regulations; it is uniform, and if it is found to work satisfactorily, they do not alter the order—it would not be the letter on a ring, it would be the leopard's head—we distinguish between a ring and other things—on a ring, the usual order is the Crown, the "18," the leopard's head, and a letter; that would not vary—on a chain, each link would bear a Crown and "18," with the exception of the centre link, which would have the leopard's head and a letter; that order is invariable—we do not use the Maltese cross at all—I will not commit myself as to whether this is a horse's head or an eagle's head on the genuine French ring—I said I could not say whether it was an eagle's or a horse's head on the outer ring, an eagle's head was mentioned at the police court, but not by me, I said that I could not decide it—I think it is made to represent a leopard's head, but, whatever it may be, it is reproduced in the exhibits shown to me—on the inside, there is also a leopard's head—no one who knows what a proper hall mark is would take the Maltese cross for a hall mark—I do not believe 99 out of 100 people would know the proper order—on the ring which is attached to this chain there is a Maltese cross—I have" tried these punches, I struck these marks myself (On a plate), this metal is pewter, it is not so hard—this is a real leopard's head—I believe it is a criminal offence to have punches with hall marks on them—you can go into a shop and buy a punch without any mark, they are used for a great many purposes—you can buy them with letters or numbers on, but you cannot buy them anywhere with the hall mark—I know where I can buy punches of this shape with letters and numbers on, but you cannot order marks similar to the hall marks to be put on them, you can other than hall marks—I do not know any place where the Crown and so on can be made—I think all the wedding rings of the poorer classes in this country are made of base metal—the law requires the maker's initials to be on the article before we can accept it—I see on this paper, "Gold and diamond pin 1s. 6d." all those have marks drawn on them—it says, "Experienced judges deceived"—no advertisement of this sort has been brought to my attention, if so, whether we should act upon it would depend upon what the matter was—this punch is "18 Ct." not "C." alone, there is no mistaking that, not in this punch—I should not expect to see the letter "C "next to "18 "on a ring—the order is that the letter is the last—when the leopard's head gets indistinct, it may be like anything—I do not remember Dorrington or Donnington being charged and convicted of a similar offence to this—I have heard of Roberts' case—I do not know whether it was exactly the same offence as this—these prosecutions are not frequent, the evidence is different in different cases.
Re-examined. During the last four or five years, these prosecutions have been about once or twice a year—punches are to be purchased with the makers' initials on them, there is no objection to a man adopting some private mark of his own, and putting it upon jewellery, or putting his own name on it, such as Mordans pencils, some of which are hall marked—
I do not find the ct. punch on any of the articles in the case—we do not use a Ct. punch—Ct. would be an abbreviation when writing carat.
JOHN BODMAN CARRINGTON . I am head of Carrington and Co., jewellers and goldsmiths at 130, Regent Street—I have had about forty-five years' experience in the trade—I have seen this French ring—the French mark on plate varies according to the date, instead of a variable letter they have a variable mark, it is a very different plan to ours—this ring is a genuine gold ring, the first mark inside it appears to me to be a leopard's head, similar to that of the Goldsmiths Company—I think I should be able to distinguish it if it was genuine, it is a fair imitation—upon genuine rings of gold, marked at the Goldsmiths Company, it is frequently found that there is a certain amount of indistinctness caused by wear and tear, but they wear well—the leopard's head is a mark which it is difficult to get sharp from the die, being en face, the features are not very distinct, the next mark is an "18," the next "c," that bears a resemblance to a date letter, the fourth is a Maltese cross—invariably the reare four marks stamped at the Goldsmiths Hall, they are generally in a similar position as these on this ring—this Exhibit 2 is a base metal ring—I find the same imitation leopard's head, the "18 "is practically the same, the "c." is exactly the same, and in the Maltese cross the sole difference is that here it is a little closer and a little plainer—in my opinion, these marks are struck with the same die that struck the marks on the other ring—on this other base metal ring, Exhibit 3, I find similar marks on it, which I believe are struck with the same die, but in different order—Exhibit 7 has three marks on it, the Maltese cross is wanting, the other three marks are the same, and struck with the same die—the chain in Exhibit 3 is a base metal chain, and every link is marked with "18 c."—I should say that the public do not understand hall marks—some customers take a great deal of interest, the majority I should say distinctly not—with my business, it is a matter of confidence, they rely upon me entirely—the Crown is an old hall mark on Sheffield silver—these gold rings (Produced) are from my stock, I have selected two or three to show how the finishing renders the marks indistinct—the leopard's heads on these two are most indistinct, they are absolutely new rings, and marked within a year or two—I see on your own ring (Mr. Bodkin's) how the marks have become indistinct by wear and tear.
Cross-examined. The more indistinct they become, the less easy it is to distinguish what they were—I am prepared to swear that the imitation leopard's heads are on the rings—I am not influenced in thinking that it is a leopard's head by the fact that I find a very indistinct mark in the neighbourhood of the three other marks, it is purely a matter of opinion, but I have no doubt about it—I do not know that there is a huge trade going on in base metal jewellery in this country, I have never heard of it—I was rather surprised to hear that the poor people's wedding rings are of base metal—four marks are the customary thing, but I have found things with three on them—I do not know how that happened, I did not make them—anybody seeing an article with only three marks on it would examine it very carefully.
to an indictment at this Court with Solomons and Curtis, in connection with putting off sham jewellery as real, and getting money by it (See page 861).—I was a boot laster by trade—I knew Solomons at the beginning of this year, and Curtis previously, I knew the prisoner three years ago—between the time I first knew him and lately, I went to South Africa, when I came back I met a man named Jack Jefferys—what I did Solomons and Curtis was to show genuine jewellery to a purchaser which he would have tested, and would then offer money for it, which would at first be declined; then the seller would relent, and let him have it, but really give him some sham jewellery just like the real—for that purpose it was necessary to have some genuine jewellery, we had a genuine ring and chain—I know Mr. Layman's shop in Whitechapel—on January 2nd. I bought this single stone diamond ring for £45s. there, this is the receipt—it had no marks on it except this one on the outside—I took it to the prisoner at 24, Wynyatt Street, Clerkenwell—I knew him as a working jeweller and optician—I had bought some sham jewellery from him before which had been marked—when I went to him with this ring, I said I wanted some other rings the same as this, he agreed to get them for me at 3s. 6d. each, no measurements were taken, I left this ring with him, when I went for them about two days later I said, "There is no mark in this, I want the marks putting in this ring," that was the genuine one—the marks were "18,"a "c," and those two smudges which are in there, he said, "All right, if you want them put in I will put them in, although I never put them into any rings that I do not do myself, but I will put them in for you," and he put them in with punches like these (Produced) while I was waiting, it took about five minutes—I got the other three that I had ordered, and paid 3s, 6d. each for them—I do not think he charged me anything for making the French ring, but I may have given him fid for a drink—I also got some chains about that time, they were the Newgate pattern, with a long and two short links, he marked them in the same way—sometimes he did it while I was—there, sometimes they were ready marked—I paid 6s. 6d. each for them, the rings and chains I got from him were used for my work with Solomons and Curtis—one gentleman we operated on was Mr. Stanford, he parted with £7 or £8—he had one of the rings which I got from the prisoner, he did not have one of the prisoner's chains—I was arrested on May 18th—I had one of his rings and one of his chains in my pocket—I was introduced to him by a man named Gilbert—at my home, in my waistcoat, another of the prisoner's rings was found, one was a big ring which I had got from the prisoner, it was not one that I had ordered—after I had had the French ring for some months, I pawned it at Mr. Layman's—I never took it out of pawn.
Cross-examined. I heard the whole of Mr. Bodkin's speech to-day—I forget how many times I have been convicted—I am twenty-three years old—I first went to prison in May, 1900, for being in bad company—I have been convicted of felony once before this time—I went to South Africa in 1901, after my first conviction—I got two months the first time I was convicted—I was not convicted in South Africa—I worked there as a waiter and assistant barman part of the time, and the rest I was in
the Johannesburg Mounted Rifles—I knew the prisoner before I went out—I said at the police court that I thought there was a transaction about a watch, I am positive of it now—I said, "I took a brass watch with me, I told Cooper I wanted some marks put on it, an "18" and a c, when he gave it to me back there was an "18" and a c. inside it; I think Cooper marked the watch for me, but I am not sure"—when I came back from South Africa I constantly saw the prisoner at his workshop, his wife was there and a little old man, I do not know his name—this is the base metal chain I bought from the prisoner for for 6s. 6d.—I swear I bought that from him, his wife was present when I did so—I also bought a ring something like this one, I gave 4s. for it—I do not know if I have ever said anything about this transaction before—when I took the French ring to him, I said, "I have got a ring here, I want several rings made like this, about three will do," he looked at it and said, "All right"—I said, "I want them exactly like this"—I left it there—I said I wanted the ordinary marks he puts on the other rings: he knew his work—I did not mention the leopard's head to him—we were speaking something about a Crown and he said, "I would not put a Crown, that would be forgery"—that was not in connection with the French ring, we were speaking about Jeffreys—I did not say about the French ring, "I wish to have the mark put on it, the '18,' the 'c.,' and the smudge"—I said, I wanted the marks the same as he put on the other rings—I wanted the smudge put on, anything would be a smudge—I cannot remember on what occasion it was that he said, "I would not put a Crown in, that would be forgery"—I am positive it was not when I took the French ring—I had no punches of my own—I have a brother, he has none—I never said to the prisoner or to the landlord Harrison that I had any punches of my own—I don't know what sort of metal I got from the prisoner, it was not gold—I never knew him to deal in any gold things—I wrote to him from Brixton prison and asked him to come up and give evidence, as he told me, when, I was there on several occasions, that if the Goldsmiths Company called" upon me he would get me out of it, as there could be only about three months for the fraud—he did not come when I wrote to him, or take any notice of my letter—I sent a friend named Benny to him—I have mentioned that to Inspector Collins—the message I sent was that he had not come up to see me; that he had got me into a nice mess, and I asked him to come up and see me—I think I only asked him to put marks on wares other than his own—on the occasion of the French ring, I told the prisoner that I sold these things on race courses, that is true—I go there sometimes—I never told the prisoner what I was doing with the rings, but on one occasion I wanted to tell him, and he said, "I do not know, and I do not want to know, I am charging you with an 18 case price," he was selling them to me as an 18 carat case—I do not know on what occasion that was—I do not know if he knew of my practices.
Re-examined. When I took the French ring to the prisoner I did not give him any description of what marks he was to put on—when I gave him the orders to mark the rings, he did not ask me what I was going to do with them.
ALBERT NEWCOMBE . I am assistant to Mr. Layman, pawnbroker and jeweller, of Whitechapel Road—I gave evidence against Solomons, Curtis and Gould last June—in January I remember selling this French, gold ring set with a diamond, to Gould for £4 5s., it then had one mark outside and our private mark scratched inside, it had none of these four marks—we got it back in pawn from Gould on March 27th for £310s., it was then marked as it now appears—it was in our possession until the case of Solomons.
GEORGE STANFORD . I am a French polisher of 37, Moody Street, Mile End—I remember meeting Solomons, Curtis, and Gould in a public house—I got from them to show to a jeweller two rings and a chain—I showed them to a jeweller, and in consequence of what he said I offered them £8—they did not take that at first, but they did next morning, when a chain and two rings were handed to me—I gave them £8—all the jewellery had marks on it—they looked like the ones I had seen the day before, and I took them in that belief—I looked at them afterwards, they did not look so nice later on—I found that they were brass, and went to the police—this (Produced) is the ring I bought.
HENRY COLLINS (Detective Inspector J.) I had charge of the case in June as well as this one—in the course of my inquiries I heard of the prisoner, and on May 20th I went to 24, Wynyatt Street, Clerkenwell—I had some conversation with the prisoner and wrote down his answers—when he handed over to me the punches, he made this statement, which he signed: "I live and carry on my business at 24, Wynyatt Street, Clerkenwell, my customers are principally dealers and travellers' hawkers; I do not work for any shops. Anyone who brought metal, jewellery of any description to me for repairs I should do the job. I make all kinds of imitation gold chains and rings, similar to the chains and rings produced and handed to the police by Mr. Stanford. I set the rings with imitation stones and put marks in the shanks similar to the two rings produced, which means 18 cased, but I sell them as metal rings for 2s., 2s. 6d., and 3s.; and the gipsy set ring produced may have been made by me; I could not swear it was not my make. The chain, and split claw set ring I do not recognise. The chains I sell at various prices; the chain produced I should sell for 3s. without gilding, but a customer who wanted such a chain to look like solid gold would, after leaving my hands, have the chain taken to a gilder. When I am asked to recommend a gilder I refer them to Grimmie, Myddelton Street, Goswell Road, who is an electro gilder and plater, and does work for me; or to Maunders, Queen Street, Percival Street, who is a water gilder, which is a more expensive process. The cost of gilding varies; the chain produced, if water gilded, would cost at least 4s., bringing the value of the chain after it leaves my hand to 7s., and would wear for years like solid gold; the electro gilding can be done for as little as 6d. per chain, which would make the value of the chain 3s. 6d., and look like a chain of the value of £7 to an inexperienced person, and anyone could wear it without even an expert telling it was not gold without examining it. I used to do a considerable amount of work for Mr. Pike, of the Abyssinian Gold Company, making gipsy rings. Again looking at the
chain produced, it may be possible to make similar marks with the punches now in the hands of Inspector Collins. The punches can be bought for 1s. 6d. each at Grey's, in Clerkenwell Road, or at Haywell's in Spencer Street; the punches were made for me by Mr. Smith, a tool cutter who keeps a paper shop in Goswell Road, I don't know the number; I get the punches cheaper from him than I should at the shop. I am not a sham maker, I am a finisher; I buy the chains in the rough state and finish them off and mark them if required; I mark them in various ways, sometimes with 18 c, sometimes with 18 Ct., and the other marks which could be made with the punches produced. I never put a Crown on. I have a book of hall marks. The names of the five men read out to me by Inspector Collins I do not recognise. I know a little Jew whom they call 'Solly' whom I have done business with; I should know him again"—Gould's name was among those that I read out—"I have dozens of people call on me as customers, and many others write from all parts of the country; they are hawkers and travellers in jewellery, and know that I make imitation gold rings and chains as near like the real things as possible, and finish them the same as solid gold. If I did not I should not get the orders. I know a man named Jefferys, who was sentenced at the Old Bailey for forging a hall mark in a watch. He subpœnaed me to give evidence on his behalf at the Old Bailey, and a man named Hills, of Spencer Street, was also subpœnaed. I was at the Old Bailey for four days, but was not called upon to give evidence and received no expenses. Jefferys called on me once after his liberation from his sentence; but I did no business with him then, and he has not called since, as I told him I did not want to have anything to do with him. I did not keep chains of the pattern produced, I only make them to order. The composition of these chains is known in the trade as gilding metal, and costs 10d. per lb. It can be bought any thickness and any form, round, half round, or any shape. It is a mixture of brass, copper, and sometimes a little zinc in it. I have been in the trade and lived in 'Clerkenwell all my life. The six punches I produce are the only ones I use for stamping any marks on rings or chains, and I am willing to lend them to Inspector Collins for examination"—I did not go Into the prisoner's workshop, I was in the parlour.
Cross-examined. I challenge nothing in the statement—I have made inquiries about the prisoner—very likely he has been in the neighbourhood for fifty years—I do not say he is or is not a respectable man—he said he never marked anybody's goods but his own—he was perfectly candid and offered me every facility.
PERCY SAVAGE (Detective J.) I arrested and searched Gould—in his left hand trousers pocket I found a genuine French ring and a chain, and in his right hand trousers pocket I found a base metal ring and chain; in his pocket book I found the receipt and the note for the pawning of the French ring—at his house I found in a waistcoat pocket this ring—I saw Cooper at 27, Wynyatt Street, and had a conversation with him; I took a note of it—I did not read it over to him, he did not see me writing it down—I did not ask him if he was going to make a statement, I simply spoke to him, and after I left I made a note—it was about 9 p.m.; I said, "Your
attendance is required at the North London Police Court to-morrow"—he said, "Have you a subpoena,"—I said, "No, you do not want to put us to the expense of getting a witness summoned for you, you had better attend"—he said, "What are you?"—I said, "You know I am a police officer"—he said, "I thought you were a clerk in the Goldsmiths Company; I shall decide not to go without a subpoena"—I said, "It is better for you to go"—he said, "I will think it over. I did not make those rings and chains that were shown me the other day, but I know the man who did, you know him"—I said, "If you know his name, why do you not tell me?"—he said, "It is a man you know well; all the boys know him; he lives Hackney way; his name is Arthur the jeweller. About the statement I made the other day, I now remember the man Gould you mentioned the other day. I should not remember him, except that a fighting, man from the Wonderland, Goodwin, I think his name is, he came, and when he described Gould as a little Jew fellow who had been at the war, I remembered him. I had a letter from him since he has been in prison. I destroyed the letter. It started like this, 'Dear Charlie, will you get some rings and come up and give evidence for us, and say we can buy rings anywhere like you sell? "I destroyed the letter. I thought I would speak to you about it. I thought it was written by some of you people to catch me"—I said, "Will you attend the Court?"—he said, "Yes, I will."
Cross-examined. He knew I was a police officer because I was there two days before with Collins, and he was told I was one—we have taken a great deal of trouble to find Arthur the jeweller, but we have been unable to; the prisoner only gave us Hackney as an address, part of it is small houses.
The prisoner, in his defence on oath, said that the punches he had in his possession did not represent those of the Goldsmiths Company; that he told Gould that he never marked any goods except his own; that punches like those in his possession could be bought anywhere; that he had not marked any of the rings produced; that Gould had said that he had punches of his own, and would mark the rings he had made for himself; that the French ring had not been left with him at all; that "18 c." represented "18 cased" or "18 covered"; and that he did not know what Gould was going to do with the rings when he got them.
HERBERT WILLIAM ROBINSON (Re-examined.) The leopard's head always appears on all qualities of gold which is stamped at Goldsmiths' Hall—the Birmingham mark is an anchor—the Sheffield mark is a Crown—the Chester mark is three sheaves and a dagger—the offices at Newcastle, Norwich, Chester, Bristol, Exeter, and York, do not exist now—Sheffield only marks gold—if an article is "15," "12," or "9 "standard, the Crown is not necessary—the marks in this illustration 9.375 N., P.& S. means 9 carat, decimal 375, "N." is the date letter, P & S. are probably the initials of the maker, and the other mark on it is the Chester mark—the last row but two on this illustration does not appear to have been marked at the London Hall—I should think" the marks are those of Chester—
you would not get the three wheat sheaves and the leopard's head on an article unless you had got two hall marks on it—if an article had a hall mark on it, I do not think another hall would put another mark on it—I think this drawing represents the Chester mark, but I cannot say without looking at the ring itself.
Evidence for the defence.
MARTHA COOPER . I am the prisoner's wife; I have a family—the prisoner works in the kitchen, he has not a shop—I am generally in the kitchen—Mr. Harrison, the landlord, lives in the house—he passes most of his time in the kitchen—I know Gould or Goldstein; he first came to the house before he went to the war—he came about some rings—he said he was a dealer—I did not help the prisoner at all in his business—I was generally present when Gould came—I should most likely hear of it if he came while I was out—I knew him then as a Alf"—I do not know how many times he came while I was out—he only came once or twice before he went to South Africa—when he returned he came more often—I do not know how many times—I do not remember him coming with a watch and asking the prisoner to mark it—his rule was to mark only his own goods and nobody else's—I first saw the French ring about nine months ago, when Gould brought it—I was present when he came—he asked the prisoner if he could make him a ring to match it—he said he could—Gould said he wanted to pledge the real one and wanted one like it, so that his people should not know—he was going to wear the imitation ring and pledge this one—he then said to the prisoner, "I want you to mark this ring the same as you mark your own rings"—the prisoner said, "I cannot mark this gold ring, it is a French ring with a mark outside, I will mark my own ring, but I never mark anybody else's goods"—Gould said, "Then do not mark the ones you are going to make, I will mark them myself; I have punches of my own that I took to South Africa '—Mr. Harrison was present when he called; he is 80 years old—the imitation ring was to cost 3s. 6d., and Gould said he would get it gilt himself after it was finished the price after it is gilt would depend on the amount of gold put on—this French ring is the first I ever see—the prisoner sized it with his compasses, and Gould took it away—he did not leave it with the prisoner—he came for the brass imitation next day—this is the ring the prisoner made (Stanford's ring); it is brass—there is a mark on it—I was present when Gould came to fetch it away—there was no mark on it then—I remember Gould bringing a real gold chain; it was the same pattern as this one, which is brass; the pattern is called "fetter and three"—he asked the prisoner to make him some to match—I do not know if Harrison was there—the prisoner said, "Yes, I can make them like this, but I cannot mark them, because it is marked with the Crown, and it would be forgery"—he said he could mark it with his own mark—Gould said, "Put on what you have got then, I do not want you to mark it with the Crown"—he said he had a sale for the chains on race courses—I believe the prisoner made several imitation chains—about a fortnight after Gould brought the French ing he came with this other real genuine ring—he asked
the prisoner to make him some to match it—the prisoner said he could make some to match it, but he could not mark them, as this was a genuine hall mark, and it would be forgery if he marked them like it—Gould at first said, "I will mark them myself"; then he said, "Well, put on what you have got."
WALTER ROBERTS . I am a jeweller of 36, Percival Street, Clerkenwell—I was apprenticed in 1851—I have dealt in imitation rings, entirely base metal—I have never bought punches or dies—I have used punches to make marks very similar to these—I think I could make marks like those on this piece of metal with these punches—No 3 is like 18 to—I think this other mark is as near like a small wedge as anything—I do not think it is like a leopard's head—I do not think anybody could mistake it for one—twenty-two years ago the Goldsmith's Company prosecuted me—they were not successful—I was tried here—the marks were a "fact similar."
Cross-examined. I did not say at the police Court that this is a mark I used to denote my work; I said a fact similar—I do not know if the prisoner uses it to show his own work—I have known him some time—I knew him in 1881—I do not know if he had these punches then—I do not know what he done—I have noticed marks on gold plate—I have never seen any marks which I could not discern what they were—that is not because I have looked at the other marks near it—I cannot say that I have ever seen the leopard's head without any features on the face—if I wanted to imitate the leopard's head I should not put a mark on like that—the leopard's head is rather like this one, it is pointed at one end but I should not take it for a leopard's head—I cannot say what the purchaser would do if he was not a judge of such things—"18 "is a mark—it is also twice "9"—it is to show the quantity of the gold—I do not know what it is for if the metal is not gold—"18" is "18 cased"—I should not put "18 "by itself, I would put "18 c."—when the "18 "has got a "c." after it it means cased or coloured, that is, coloured or cased with gold—"18" is the mark generally used in Sheffield things—"18 "on a ring might be "18 "size—you will find rings "7" and "8 "size—I do not know if I ever met a man with a finger of "18" size—I have seen a very big one—"18" is for 18 gold which is 18 gold—18 gold is a mixture of gold, silver, and copper—I do not know why it is put on a ring which has neither in it—I did it to sell my goods—"18" is not my private mark; it is my mark—it does not represent any gold of any description—"c." is for coloured or cased or covered—it might be for Cooper or Clerkenwell—the mark which you say is a leopard's head is a trade mark—it might be Cooper's or mine—I used to call it my trade mark—if I saw my goods I should know them again just the same as the Sheffield people put marks on their goods—I did not say that when I was prosecuted twenty-two years ago nobody in the Court was more surprised than I was that I got off—you put the question to me and said, "You think yourself lucky to get off"—my marks were kept at Goldsmiths' Hall, and I have not had them returned.
—the mark on this metal plate, which is crossed, looks like a Maltese cross—the second mark is a heart—I do not think it looks like a leopard's head—I have made punches to produce hearts like that—I have made punches like the "18" and "c." on this plate—I will make punches like any letter, and the more the better—I have known Cooper for some time—I made these four punches for him, "c," "18," "18," and "18 ct."—I did not make the heart and the Maltese cross—I did not know what the dies were to be used for—I supposed "c." was for Cooper's initial—he did not tell me that it wasn't—I knew the "c." was used by the Goldsmiths' Company—before this case I would have made a die like this heart—I would not do so now because I have heard this case—I did not know it was wrong—I do a moderate business in these punches—I am frequently asked for "18" and "c."—I have been asked for "18 ct."—the marks on the French ring are "18 and a c."—I do not see another mark there—the "18 "punch with which I supplied the prisoner is similar to this one—the "c." is a different letter to the one I supplied him with—I should be very surprised to hear that people think this heart is a leopard's head—the punch found in the prisoner's possession with a heart on it would not make this mark in the ring—it is a different size.
Cross-examined. I make punches for tool shops like Haywell's and Spencer's—I never had a request to make a punch like a hall mark—I should not make one if they asked me, as it would be dishonest—before this case occurred I should have made a mark like this heart—it bears no resemblance to a leopard's head; the ears are not there—there are not two angles at the top which would account for the ears—a leopard's head does not represent a pointed chin—this (Produced) is a fair representation of the leopard's head of the Goldsmiths Company—the top of the head is wider than the lower part, but it does not taper towards the chin, it rounds—the chin is narrower than the upper part—I have not over and over again seen genuine leopards' heads without any features at all, either on second-hand articles that have been worn, or on articles the marks of which have been somewhat obliterated in the finishing—I have always seen them distinct—I suggest that the leopard's head always comes out clearly—if it is done with the punch, it would most decidedly be an easy mark to produce—I said at the police court, "I should not sink a die such as a heart; I think it would be done for a fraud"—I should not do so while this case is pending—I did not say to the Magistrate that I would not make such a thing because of this case—the fraud that I had in my mind was a genuine mark—I did not know when I made the marks on the dies that they were to be marked on imitation jewellery or real jewellery—I thought they were for cased gold—I said before, "I did not know it was to be marked on imitation jewellery; I thought it was to be used on real jewellery"—I should think that I draw the distinction between their going on imitation jewellery and on real jewellery, because when they are put on imitation jewellery they might be used for fraudulent purposes—I cannot suggest any honest reason for coupling the "c" and the heart-shaped mark with the "18 "on a ring—I cannot say if it is obvious that it is to suggest that the ring is made of 18-carat
gold—I cannot say what my reason is for saying it would not be honest—if I saw those marks on a ring I should expect it to be 18 carat—when a "c "is sunk with an "18" and a mark like that heart, it might represent good-cased or gold washed—I did not ask any questions as to what the letters were to be used for—I simply got the orders and executed them without asking any questions—I have sunk punches with "18," "15," "12," and "9 "on them—those are the four standards of gold—I have always had them sent to me to do, and done it—I did not give it a thought—I did not ask my customers what they were going to do with them—people in tool shops asked me to do it.
Re-examined. I have ordered a ring with marks on it for 3s. 6d.—the case at the police court referred to Gould and those people—that case has made us people sit up in the trade—if a private man came to me and said he wanted a punch like a hall mark, but not one, I should say decidedly not—if it was through a customer, I could not refuse to-do it—I never thought of fraud in dealing with the prisoner.
ALFRED COLLINS . I am a gold chain maker, and used to live at 43, Tysoe Street—I have been in the business upwards of forty years—I have made chains for the prisoner—I did not mark them—I have seen lots of imitation jewellery marked "18 c."—I have made chains similar to this one—it is what we call the "fetter and three "pattern—this one is not of my finish—mine would have closer links than this—I know a little about French gold—the marks on the inside of this French ring are "18 c," a smudge of some description—I should call it an indentation—it does not resemble anything—it is not like a cow; it is more of a triangle shape—if it was a genuine hall mark it would be longways, not crossways on the ring—I never saw a leopard—I call it a very bad representation of a leopard, after looking at this book—I only see three marks here; I do not see an "X"—I know the "18's" and c.'s" that I use—I think I know the prisoners—the "c." in the ring is larger than the one on the pewter plate—the "18 "is very similar, but on the plate the "18 c." is marked with one impression, in the ring they are marked separately.
JOHN IRVING . I am an expert die sinker, of 159, Goswell Road—I have been making punches and dies for the last forty years—I have not made punches for the prisoner—I have had no business dealings with him—this mark on the pewter plate which is marked is like a dot punch; it is like a heart—I do not think it bears any resemblance to a leopard's head—I know the trade mark of the Goldsmiths' Company—the picture in this book shows a fair representation of the leopard in the Goldsmith's Company—this die is not a bit like it—there is a line round the die—there is no resemblance in the mark in the French ring and the alleged leopard's head or heart on the pewter plate—I see another very faint mark—there is no resemblance in the French ring to the leopard's head.
Cross-examined. I do not know the prisoner—I came here because Mr. Smith sent a telegram to me this morning to come down as an expert—Parker (See below) lived in the next room to me—he was not my lodger—we were fellow tenants—I have cut punches for him—I probably confined my punch cutting to figures—I cut other things—designs and instructions are given to me—I did not go anywhere near the hall marks
—I may have made an "18"—I only cut private marks like a flower—the object in cutting a die like that heart-shaped one would be for stamping goods—I never met with a mark like this heart before.
NOT GUILTY .
MR. BODKIN and MR. GRAHAM CAMPBELL Prosecuted.
HERBERT WILLIAM ROBINSON . I am chief officer in the Assay Office of the Goldsmiths' Company in London—I have the duty of marking the gold which comes there—the Goldsmiths' Company is the only authority in London which has the right of marking gold which is unfinished—a small charge is made, but the office is not allowed to make any profit—the standards of gold are 22, 18, 15, 12, and 9 carats—the 18 carat gold is marked with a Crown, the figures 18, and the leopard's head, and a serial date letter—the order varies according to what the article may be—the Wardens meet every year and declare what the date letter shall be—the marks are impressed by dies, which at the end of the year are ground down and fresh dies made—it would not be possible for any of the genuine dies to get into circulation—I do not know the prisoner—he never worked in the office—I have been there thirteen or fourteen years—towards the end of the year the dies get worn through use—we are constantly putting new punches into use, and we put aside the worn ones till the time for the destruction of the whole—in the process of finishing, the marks often get blurred—they are marked in an unfinished state—some dies impress one mark and some more than one, up to four—they are called combination dies—the combination mark of a Crown and an "18 "is used on a gold chain because the links are small—we cannot get more than two marks on a link—the leopard's head and the date letter go on only one link—the other links have a Crown and "18"—I have imprinted on a metal plate marks made by these five punches produced, which are said to have been in the possession of Parker—they do not belong to the Company—I made an impression on this piece of pewter—it is a soft metal, and takes the impression very easily, but does not come up so sharply as on gold, not being so hard—the impressions on the plate are "18 c," "18," "18 k.," and "t. w."—"k." would become the serial letter in due course and according to the will of the Wardens—the "t. w." and there is a punch which might easily be taken for a Crown and "18"—in my opinion it is intended to represent a Crown—articles brought to the Goldsmiths' Hall must bear the maker's initials.
Cross-examined by the prisoner. In my opinion the mark may be taken for a Crown and "18 "when it is struck upon chains—I have often seen a like impression—if the punch is somewhat worn it would look like this one—we have the new punches on May 29th.
—I have examined these punches, including No. 5, the one which makes the mark the subject of this indictment—it corresponds with the punch which purports to be taken on this plate, and it might be taken for a Crown and "18"—it resembles the genuine hall mark distinctly—among other articles I have gold chains constantly passing through my hands and I find that in the process of finishing, the mark is rendered less distinct—also its minuteness.
Cross-examined. It is an attempted fac simile of a Crown—putting it by the side of His Lordship's chain, which is 18 carat, I think this is a blurred imitation of a Crown—it might be taken for the mark on the genuine chain.
PERCY SAVAGE (Detective Officer.) I was engaged in the case of Solomons, Curtis and Gould, who were charged with palming off as real, sham jewellery marked with imitation Goldsmith's marks—in the course of that case we got information of the defendant, and on May 27th I went to 159, Goswell Road, with Sergeant Andrew, where the defendant lived and had a workshop—we told him who we were, and I said, "I wish to speak to you"—we went up into a room which was partly a workshop, where I said to him, "We are making inquiries respecting three men who are in custody for marking goods with hall marks"—he said, "I have been reading the case"—I said, "We have received information that you made the chains"—he said, "No, I never made any chains"—I said, "Have you stamped any chains?"—he said, "No; well I suppose somebody has told you something, I did stamp some chains for Curtis and Solomons, but not lately"—then he made this statement, which I wrote down and read over to him, and he signed it—"I live and carry on business as a watchmaker at the above address"—that is 159, Goswell Road—"I do not make chains or rings, but if anyone brought me a chain and asked me to stamp it I should do so; I have carried on business in this neighbourhood for sixteen years, and at the above address for the past ten years. I read in to-day's Daily Mail an account of five men being charged at North London Police Court with possessing and uttering chains and rings bearing some marks and also hall marks. Of the five names therein mentioned I recognise two as being the names of men I know, Solomon Solomons, whom I know as "Solly,' and have known him for two years or more, having frequently met him at Duke's Place, Hounds-ditch, on Sunday mornings, in the jewellery market. The man Curtis I also know well; I have known him for about two years. To the best of my belief he was first introduced to me by a man who brought him here; but I do not remember who the man was. I do not remember what his business was when he first came here. Solomons and Curtis have both been to my place frequently, but not together; they have both brought chains to me and I have stamped them at their request. I have not stamped anything for them this year, but Curtis has been to my place this year, and I have repaired watches for him. Solomons has not been to my place, and I have not stamped any chains for him for the past twelve months. The only stamp I use for chains is an "18 "with a flower. I have four other stamps, but very seldom use them. I have
never stamped a ring for any one and I have not stamped a chain this year. I have never stamped a chain with a Crown, though I suppose the flower is an imitation of a Crown. Mr. Irving, a stamp cutter, die sinker and engraver, who occupies the upper portion of this house, is the person who makes the stamps for me, which cost about 15d. or 18d. each. The five punches I produce are all that I have, and I am willing to give them up to the police."—I said, "Will you show me the stamp?"—he left the room and returned with the stamp of "18" and another mark on it—I said, "Is this the only stamp you have?"—he said, "Yes," and then he said, "Well, I have one other," and again left the room—I slipped out behind him with Sergeant Handley—he went to a chair bed in the corner of a bedroom—I saw him take a child's jacket from under the pillow of the bed and four punches out of the pocket—he turned and saw us and said, "I was silly to tell you a lie; these are really all the punches I have"—this conversation was in the work room—none of the punches were in the work room—the one from the pocket had the "18" and the Crown.
HENRY COLLINS (Police Inspector J.) I had charge of the case against Solomons, Curtis and Gould—in consequence of inquiries a summons was issued for the attendance of the prisoner at the Clerkenwell Police Court—he did not appear—a warrant was issued for his arrest—he returned the summons with a letter to the Magistrate, stating he was too ill to attend, but from information a warrant was applied for and the Magistrate directed the Divisional Surgeon to go with the police, so that there should be no mistake—we went to his house in Lower Chapman Street, where he had removed, arriving about 8.30—when the surgeon saw him he saw that he was all right—we put him in a cab and took him to the station—the warrant was read to him, and he said, "I understand"—the letter indicated that he was very ill in the hospital—we arrested him as he came home, he had evidently been out on his own business.
The prisoner, in his defence, said that the marks made by his die could not be mistaken by any sensible man for genuine hall marks.
GUILTY .—He then PLEADED GUILTY to a conviction of felony on March 15th, 1898, at Clerkenwell, which was after another conviction. It was also stated that he stamped the goods that Solomons and Curtis had, and was associated with thieves, and had in his possession silver, the proceeds of a burglary. Eighteen months' hard labour.
MR. NOLAN Prosecuted.
SUSAN HOLLAND . I am a widow, and keep a lodging house at 70, Vincent Street, Westminster—before April 15th the prisoner was in my employment—I have a stable at the rear of my house—I had a chestnut mare—I had had her for about fifteen years—she was pensioned off and did no work—the prisoner was with me for about three months—I gave him notice to leave on Tuesday, April 14th, because there were complaints about him from the servants, and he would not do his work—I do not know if I said anything to him about his temper, but he had a very bad one—on
the Tuesday evening the mare was all right—the stable is quite close to the back of my house—I could hear the mare get up in her usual way—on the Wednesday I was in my kitchen, between 8 and 8.30 a.m.—I heard an unusual noise in the stable of kicking, plunging, and squealing, as if something was wrong—I went towards the stable—when I got to the kitchen door I saw the prisoner coming out of the stable door with one hand on the door, like that, and a dung fork in the other—I got back to the door, so that he did not see me—I let him shut the stable door, and then ran after him and said, "What is the matter with Bessie, quick?"—at first he did not answer—I did not take much notice of his condition; I was anxious to see the pony—I asked the prisoner the second time what was the matter—he said, "Nothing"—I went to the stable door and opened it, and said, "Bessie, what is the matter?"—the prisoner was not there—the mare did not answer or call as she generally did, she was trembling at the back and she did not turn round—I looked at the floor and saw blood on the Straw at the back of the mare, between her legs—I called to the prisoner and said, "What is this on the straw?"—he would not answer me at first—the second time he said, "Nothing," and got out of my way—my servant Agnes Contain came into the stable when I called her—the prisoner had gone away then, but he could hear when I spoke to Agnes—I said, "Come and look at Bessie; what is that?" alluding to the mark on the straw—she said, "Blood"—I said, "Will you pick it up?"—she said, "Yes; I do not mind "; she did so and said, "It is blood"—I said, "Will you put your hand down?"—she put her hand into the straw and said, "It is warm"—the prisoner was in the yard all the time—he would not come in—I went and got a plate and said, "Wait a minute," and I put the straw on the plate—then I saw that it was blood—I used now and then to hire the pony out to Mr. Ruttle—he took her out on the Friday—I saw her every day between the Wednesday and the Friday, because we took her out pieces—her food all went, so I thought she was better, but I afterwards found that the prisoner had thrown it on the dung heap, where I found it—I thought it had been eaten—on Friday she was out with Mr. Ruttle for about two hours—he complained about her when he returned—on the Saturday I went out in the cart with the prisoner—the pony did not seem to go very well, and I found she would not eat her food—we went back home—we were out for about an hour—when we got back, I and my son and the prisoner were all together—I said to my son, "Don't leave, Alfred; put the pony in yourself and give it some extra food"—we gave her some brandy and things—before my son went round to put the pony in, the prisoner had taken her into the stable—I sent for a veterinary surgeon, but the pony died on the following Wednesday—I had three surgeons, but the prisoner would not fetch them—he left my service before my "vet." came the second time—he said, "If there-is going to be this bother I will go"—I said, "If you go before the 'yet' comes back I will lock you up, but if you stay I will see what I can do"—I did not pay his wages; he did not ask for them—he did not say anything about Agnes Contain.
Cross-examined by the prisoner. My son said he had a good mind to lock you up, and I told him to let you go.
GEORGE CONSTABLE ROBERTSON . I am a veterinary surgeon at West-minster—on Sunday, April 19th, I was called to Mrs. Holland's house—I saw this chestnut mare pony—I examined her, and at once found that she had been violently interfered with by the staggering gait of her hindquarters—I lifted her tail and saw that the left side of the lips of the vulva were severely lacerated, and that the walls of the vagina on the right side were also lacerated with slight penetrations—I came to the conclusion that the injuries had been caused by some person with instruments—they could have been caused with this fork—when I saw it it was covered with spots of dry blood, and there were several hairs on it corresponding with the chestnut hairs of the pony—the fork is very rough at the edges—a fork used for manure would very likely set up blood-poisoning if used in this way—violence would have been necessary to insert the end of the fork—I think the wounds were about three or four days old, it may have been longer—I saw the prisoner and said, "You scoundrel, what did you injure this mare for?"—he said, "I did not mean—"; then he stopped all of a sudden, and after a time said, "I know nothing about it whatever"—that was on the Sunday; the pony died on the following Wednesday—the wounds I saw were consistent with wounds inflicted on the previous Thursday—I made a post-mortem examination—death was caused by the injuries, and mortification had set in.
WILLIAM GREEN . I am an inspector in the employment of the Society for the Prevention of Cruelty to Animals—on April 19th I went to Mrs. Holland's stables—I saw this mare—she was lying down and was in great agony—I examined her and found that she was badly wounded in the region of the anus—while examining her she fell down—in my opinion the injuries may have been caused by a sharp instrument like this fork; there were several hairs on it corresponding to the hairs of the mare, and it was spotted with blood all down—the stable was quite clean; no manure had been passed—next day I saw the prisoner in Rochester Row—I said, "I am an officer in the employment of the Royal Society for the Prevention of Cruelty to Animals, and am making inquiries in regard to injuries received by Mrs. Holland's pony"—he said, "She did not see me do it"—I said, "Mrs. Holland says she heard the pony kicking and she came round and saw you leaving the stable with the fork in your hand"'—he said, "That is a lie"—I said, "She said she saw blood under the pony's legs and pointed it out to you"—he said, "That is another of her lies"—I said, "The veterinary surgeon said he asked you if you did it"—he said, "That is another lie"—he said that the injury might have been caused by the crupper.
AGNES CONTAIN . I am servant to Mrs. Holland—on Wednesday morning, April 15th, I went to the stable where I saw blood on the straw underneath the pony—I did not see the fork; it was not in the stable then—I picked up the straw and put it on a plate which Mrs. Holland had—the blood was warm—after the veterinary surgeon had attended to the pony I applied hot fomentations—she was in a dreadful state both when I first went into the stable and afterwards—she died on the following Wednesday.
WILLIAM HOLLAND . I am the prosecutrix's son—on Wednesday, April 15th, in the evening, in consequence of something my mother said, I went to the stable—I saw the pony—I did not examine her—on the following Saturday I took her to Smithfield Market—she did not seem to be in her usual condition—it refused its glass of ale I generally used to give it—I left orders for a veterinary surgeon to be fetched—the pony died on the Wednesday—I had no conversation with the prisoner—on the morning he left he did not say anything—he went out and took his box—I saw him a little way on—of course I was slightly angry—I said if I had evidence I should like to hit him, but I told him I should have him—he turned round and said, "I have got my own back," and he took to his heels—I took it that he meant he would have his revenge—he did not say anything about the man who had taken the pony out.
JOHN WATTS (Sergeant A.) On April 23rd I received a warrant—I saw the prisoner on October 13th—I had searched for him but could not find him—on October 13th I was in Waterloo Road, about 4 p.m.; I saw the prisoner and said to him, "I am a police officer; I have a warrant for your arrest"—I read it to him—he made no reply—his father came up and said, "What is the matter?"—the prisoner said, "They accuse me of interfering with Mrs. Holland's mare"—I conveyed him to Rochester Row Police station—on the way he said, "I have been to Brighton and Southend; I returned to London about three weeks ago; Mrs. Holland was always grumbling at me, it did not matter what I done; I have not done anything to the pony, and she did not see me do anything; Ruttle and the cat's meat boy they took the pony out as well."
The prisoner's statement before the Magistrate. "Can I summons Mrs. Holland for my fortnight's wages? Her and her son sent me away on the Sunday. She told her son to go after me and knock my head off. I went on and he said,' I will find you out,' and Mrs. Holland said,' You can pack your box and go and you won't get your money. I done a removing job in Westminster Palace Gardens, and because I did not do enough she started grumbling at me because I did not make the job last longer."
Evidence for the Defence.
THOMAS HEMMINGS . I am the prisoner's father—I went to Mrs. Holland's house and saw a servant—I asked to see Mrs. Holland, and was told it would not be convenient for her to see me at all—I said, "What is the matter with the pony?"—she said it was all right—that was on April 23rd—I wish, to speak about the lunacy of the prisoner's mother; I have had a great deal of trouble with her—three months before the prisoner was born our little boy fell down and killed himself, and that affected my wife and she had epileptic fits, and she died of epilepsy two and a half years afterwards—when the prisoner was eight years old he was in St. Thomas' Hospital for some time with typhoid fever and paralysis in the head—since he left school he has worked with me in the building trade—I think at times he is unaccountable for his actions—I have not found that he has a violent temper—I found that he was a bit wandering if he got opposed or anything.
The prisoner, in his defence, said that whew Mrs. Holland asked him about the blood on the straw he said he did not know anything about it; that he was cleaning the stable out; that the door came to: that the pony turned round and then kicked and hit some harness that was there, but that he had not injured it.
GUILTY — Twenty months' hard labour.
839. JAMES HEAD PLEADED GUILTY to stealing two watches the property of John Bent Millar, his master; also to forging and uttering an order for the payment of £5 18s. with intent to defraud. Twelve months' hard labour. —And
(840). WILLIAM THOMAS REYNOLDS , to unlawfully converting 6d., with which he had been entrusted to pay to Caroline J. Andrews, to his own use and benefit. Three days' imprisonment. [Pleaded guilty: See original trial image.]
OLD COURT.—Monday, October 26th, 1903.
Before Mr. Recorder.
MR. A. GILL Prosecuted.
FRANCIS SIMEON HARDY . I live at 44, Harcourt Terrace, Redeliffe Square, and am a clerk in Coutts' Bank, Strand—on August 18th a cheque was presented over the counter in an envelope by a boy messenger; this is the envelope (Produced), addressed to us, and this (Produced) is the cheque written on a blank piece of paper, "Pay Henry Neal £76, Alexander Montgomery"—Mr. Montgomery has an account at our bank, but he signs his cheques "Alexander C. Montgomery"—I noticed that the initial was missing and returned the cheque to the boy.
ALEXANDER CECIL MONTGOMERY . I am now living at the Great Western Hotel—last November I received a letter signed George C. Harries, from 2, Sherwood Street—I tore it up after answering it—I knew a boy named Harries at school—I do not recognise the prisoner Harries—in my letter I enclosed a cheque for £3, which I signed Alexander C. Montgomery—my letters I sign A. Montgomery or Alexander Montgomery—in July or August I received two other letters purporting to come from Harries—I do not think they asked for loans, they asked for old clothes and old books—I have not got a title, but there is a "Sir Alexander "referred to in the letters—this cheque (Produced) was not written by me or by my authority—it is on a plain piece of paper—I do not know how I was addressed on the envelope of the first letter.
HAROLD ROLINSON . I am a messenger boy in the service of the District Messenger Co., 66, Queen Victoria Street—on August 18th a telephone message came to the office about midday, in consequence of which I was sent to 114, Cheapside—I went there, and while I was looking for the name of Neal on the door, Peach came up to me and asked if I was looking for the
name of Neal—I said, "Yes"—he said, "I am Mr. Neal"—he wanted me to go to Coutts' Bank in the Strand—I said, "I do not know it"—he asked me if I had a pencil—I gave him a copying ink one, with which he wrote the name and address of the bank on an envelope, No. 57, Strand—I saw that a cheque was in the envelope—I do not know if this is the one—he had a long fawn overcoat on, brown boots, a Trilby hat and fawn trousers—this (Produced) is the coat—he told me to get the money in bank notes and then said, "Meet me at Marylebone Station, Great Central Railway"—he did not say what time—I went to the bank, where they detained me forty-five minutes—they wrote on the cheque, "Signature differs"—I got the envelope back and went to Marylebone Station, where I waited an hour—Peach did not turn up, so I went back and gave the cheque to the superintendent of the office of the District Messengers—I did not see Peach again until October 7th, when I was taken to the police station where I saw a number of persons and picked him out—he was not wearing the coat at that time, but I saw it at Scotland Yard last Monday week.
Cross-examined by Peach. I am sure that is the coat.
By the COURT. He had not glasses on then, but I could see by his nose that he had worn them—he had a moustache and a beard.
HENRY RICHARDS . I keep the Two Brewers at 164, High Holborn—I know the prisoners as customers—I knew Harries better than Peach—they only came in casually—they only came in once or twice together about the end of June or July, not since—I have not seen them for some considerable time—they came into the private bar and Harries asked for a pen and ink, which I gave him—he wrote something—Peach was sitting by his side.
Cross-examined by Harries. I have not seen you since June or July.
By the COURT. My house has got "Flowers' pale and strong ale "on the window, and I think the first time Harries came in he asked me if I knew a Major Flower; I said that I did not know; one fell in the war, but I did not know if it was the same.
Cross-examined by Peach. I do not know how often you came in—I did not look over your shoulder to see what you were writing.
WILLIAM SIMPSON WISEMAN . I am a news agent at 2, Sherwood Street, Piccadilly—I have known Harries for some time; he has had letters addressed to my shop—in November a letter came with a cheque for £3 in it, which I cashed for him—it was drawn by Mr. Montgomery.
Cross-examined by Peach. I have never seen you in my shop.
FREDERICK POWELL . I am a Civil Service clerk, of 136, Hampton Road, Ilford—I have known Harries for some time—I have corresponded with him and received some letters from him in August; this is one of them, dated August 9th, from Berrow Road, Burnham, Somerset—(Asking him to go to Wiseman's and send on any letters that there might be there for him, as he was expecting some money from an old school fellow, and did not want his address at Burnham known to anyone.)—I took that to Wiseman, but he had no letters for the prisoner; this is another letter, dated August 10th, and states, "Open any letters coming for me to Sherwood Street, and if "Sir Alexander" sends a cheque cash it"; there is another dated
August 18, from the same address—I know his writing—I have known him for over eight years—he was a tutor in a school—in my opinion the whole of this cheque is in his writing—I know Poach slightly—I knew his father—I have never seen him with Harries.
FRANK TURPIN . I am superintendent at the District Messenger Company's office at 66, Queen Victoria Street, where Rolinson is employed—on August 18th I received this letter card, "Dear Sirs, I sent one of your boys to Messrs. Coutts, Strand, with an order which was not paid; will you please send back the order, and also any extra expense.—Henry Neal."
FRANCIS CARLIN (Detective Sergeant.) On October 2nd I received a warrant at Bow Street for the arrest of the prisoners on a charge of forging and uttering a cheque for £76 at Coutts' Bank—on October 7th I went to Brackley, in Northamptonshire—I saw Harries, he had just left the Petty Sessions Court—I said, "I am a police officer and hold a warrant for your arrest"—he said, "What is it?"—I said, "You are accussed of forging on August 17th, 1903, a cheque for £76 with intent to defraud Messrs. Coutts and Company's Bank, 57, Strand"—he replied, "It is ridiculous, I know nothing about it"—in the train he said, "I know a man named Philip Peach, aged 25, height 5 ft. 4 in., complexion fresh, hair and moustache dark brown, rather thin face and cast in one eye, and wears glasses; he is a son of Pemberton Peach; I met this man in June or July last in the Free Library, Holborn; at the time I was very hard up; Peach asked me to have a drink; we went to the Flower public house in High Holborn, and Peach paid for two drinks; he said, 'My father has acted as your agent, and now that he is away I will do what I can to help you; if you will give me the names and addresses of some persons who knew you in better days I will write to them for you, and see if I cannot get something'; I showed him various letters I had received from various gentlemen who had befriended me, amongst them was one from Mr. Alexander Montgomery and one from Sir Lewis Morris, Athenaeum Club; I cannot say if I gave Peach any of the letters, I may have done so or perhaps he stole them; I did not forge Mr. Montgomery's name; I know Peach's handwriting if you show me the cheque; I am innocent of this charge"—I showed him the cheque—he said, "That is not my handwriting"—I saw Peach at Bow Street in custody—I brought him out of the cells and confronted him with Harries, and said, "This is the statement made by Harries, I am going to read it over to you"—I read it over to him—he made no reply—I then told him I held a warrant for his arrest—I read it to him—he said, "I know nothing about it"—afterwards, in the presence of Rolinson, I showed him an envelope on which was written "Coutts' Bank," and said, "This envelope is said to have been written by you"—he smiled and said, "I know nothing about it"—I also showed him a letter to Harries, which I had obtained from 5, New Turnstile; that is a paper shop where both the prisoners had been receiving letters—I have seen Peach's writing; I should say this letter is his, "Dear Harries, I want to see you: very important news for you, so please drop me a line to 76, Westminster Bridge Road"—there is no date on it—while Peach
was in custody I saw him write these letters; the majority of them are written in capital letters, printing form.
Cross-examined by Peach. Harries' statement in the train was made voluntarily—I wrote it down and he signed it.
WILLIAM MCARTHUR (Detective Sergeant.) On October 6th, I was keeping observation in Westminster Bridge Road—I saw the prisoner there with his brother—I told him I was a police officer and should arrest him on suspicion of uttering a cheque for £76 on Coutts' Bank on August 18th—he said, "I know nothing about cheques"—I took him to Bow Street, where he was detained—next day he was identified from a number of others by Rolinson—when charged he gave the address of 28, Steedman Street, Newington—I went there and saw his brother, who was with him on October 6th, in the back room on the first floor—I searched the room and found this coat (Produced) and a pair of brown boots, which I brought away.
Cross-examined by Peach. Your brother said this coat belonged to him.
By the COURT. Both brothers live in the same room—it is a mackintosh coat.
THOMAS HENRY GURRIN . I am an expert in handwriting, at Holborn Viaduct—I have had nineteen years' experience—I have seen the documents produced in this case—I have compared the letters written by Harries and the cheque for £76—I find about three instances of resemblance in the writing, for instance, the two figures in the date "03 "are joined together on the cheque by a stroke from one figure to the other, and that occurs in four instances out of five in the letters; there is also some resemblance in the capital P of "pay," and the P used several times in Harries' writing; but I must say that the resemblances are insufficient to justify me in saying that the writing on the cheque is Harries'—I have no opinion one way or the other—I think that if I said either way I might be wrong—I give my opinion with all respect to Powell—it is a splendid imitation of Mr. Montgomery's writing—you cannot always tell a tracing—sometimes there are indications on the back or face which show that it is a tracing, but a tracing must be written slowly—this signature is written by a free hand—the writing on the printed document is obviously written by a person who desires to disguise his writing—I should say that that writing is the disguised writing of the person who wrote this letter card—I am unable to identify the writing on the face of the forged cheque with the writing on the letter card or on the printed specimens, but the endorsement on the back of the cheque, Henry C. Neal, in my opinion is undoubtedly in the handwriting of the person who wrote the letter card and the other specimens—the writing on the envelope addressed to Coutts' Bank, to the best of my belief, is in Peach's writing—I am prepared to give my reasons for that opinion.
Cross-examined by Peach. I believe the writing on the letter card is undisguised, but the endorsement on the cheque is somewhat disguised. (The witness then proceeded to point out the similarities in the different writings, and called attention to the "C's" "L's, "N's" and "E's.")
I do not see why a man who forges a cheque cannot forge the endorsement also.
Harries' statement before the Magistrate. "I have already made a statement to the police, which has been read out in Court, but I should like to make an addition. I know nothing about the cheque or the circumstances attending it, and never saw it until it was shown me at Bow Street. I have not seen Peach since last June, as I described in my statement to the witnesses. Powell's evidence proved that I was in Somersetshire during the month of August, when this cheque was written and presented. The witness from Coutts' bank and also Mr. Montgomery himself said that his cheques were signed "Alexander C. Montgomery," and the cheque that I received from him was so signed. If I had wished to forge his name to a cheque should I not have done it properly like the one I received, and not as this forged one? I am charged with writing the cheque only, not with issuing it, and the only evidence brought against me is that of handwriting; but the expert was unable to give as his opinion that the cheque, was in my writing. I shall ask your Worship to say there is not sufficient evidence to commit me for trial."
Peach, in his defence, said that the boy who identified him was mistaken; that he had not given the boy a cheque; that he, could not see without his glasses; that he never wore a felt hat, and that the coat found at his brother's place was a mackintosh and not a cloth coat; that it was his brother's and not his; that none of the writing on the cheque or letter card was his; that he had not seen Harries since June, and that he (Harries) had never handed him any letter for Mr. Montgomery.
W. S. WISEMAN (Re-examined.) I cashed the cheque for £3 for Harries directly he opened the letter.
HARRIES— NOT GUILTY .
PEACH— GUILTY of uttering. He then PLEADED GUILTY to a conviction of felony at Marlborough Street Police Court on August 30th, 1902. He was stated to be the son of Pemberton Peach, who was tried for receiving stolen bonds. Twelve months' hard labour.
NEW COURT.—Monday, October 26th, 1903.
Before Mr. Common Serjeant.
MR. HUTTON Prosecuted; MR. DRURY Defended Bradley.
WILLIAM HENRY CARPENTER . I live at 308, Queen's Road, Battersea, and am principal railway clerk at Harrod's Stores—my duty is to see that a proper supply of cases and boxes for the putting of salmon and other things in tins is always ready for use—the prisoner Bradley supplied the Stores with these cases—I had been in the habit for some time of giving him orders averaging £15 to £20 a week—on August 17th I sent him an order for chests and cases—the prisoner Gapp was a lift man at the Stores—he would receive the cases when they came, and count them and enter
the number in a small book—he would then tear out the slip and attach it to the delivery note, giving it to the carman, who would bring it to me to check the signature—that is called the docket—he would give me the delivery note and a received note—I compare the delivery note with the docket, and then give the received note back to the carman with an order for the next day if anything is required—on August 17th we sent this order—this is the docket of what we received upon the 18th—there were 144 on the 17th and 180 on the 18th—we sent another order on August 20th for 216 cases—this is the delivery note for 72 chests, 36 half chests, 36 sugars, 36 milks, 36 butters, and 4 casks to be re-coopered—they were received on August 21st—this is the docket made out by Gapp, and this is the received note found upon him.
Cross-examined. The boxes are of various sizes and prices—some are charged at 9d., and some of the little boxes at 1 1/2d.—I say the Stores were defrauded on the 17th, 18th and 21st, because the cases were checked in, but I cannot say that certain sorts of cases were short—I am not present when the boxes are unloaded, and I know nothing about that—a different carman to the usual one came on the days in question.
EDWARD VERNON . I live at Folkeshill, Oxford Road, Putney, and am despatch manager at Harrod's Stores—Gapp is under me—his duties are to attend the lift and receive empty cases—I produce certain invoices sent in by Bradley for goods supplied on 17th, 18th, 20th, and 21st August—the 17th comes to 144 chests—this (Produced) comes to 180, and he is charging for 216.
Cross-examined. Gapp has been in our service since last February—I gave him instructions as to his duties—there is no great rush at the lift he attends to—it sometimes happens that employees are kept waiting there to take the boxes away—about April, Gapp was away from the Stores for a week or nine days—I have seen the boxes unloaded; small ones are frequently nested inside larger ones—on August 21st, Bradley came down to the Stores in answer to a letter from us, because some of the post boxes were said not to have been delivered—I do not remember, what passed, or if occasionally more boxes had been delivered than ordered.
Re-examined. There was no particular rush on the 17th, 18th and 20th—you could see most distinctly the inside of the boxes, so as to count them.
By MR. DRURY. I saw Bradley at the police station—I had a few words with him—he said he bore me no malice, and I believe he said, "You have made a great mistake."
THOMAS MCDOUGALL . I lived at 28, Victoria Park Square, E., before this trial came on, and have been in the employment of the prisoner Bradley as foreman cooper—I have seen these green documents and books—they are mostly in my writing—they were used by Bradley—the vans with the cases were loaded at this yard—on August 21st he went with the van to Harrod's Stores—I am still in his employment.
Cross-examined. At the time of these occurrences he had two places of business, he now has only one—I managed the workshop—he did not work himself, he only came down and superintended occasionally—I
generally received the orders—we had five coopers, who would get the goods ready, and I superintended—I saw that the proper number went out—Bradley had nothing to do with that—we loaded the smaller boxes by nesting them inside the larger—I have the writing of these books (Produced)—Bradley sometimes writes in them, and in my absence one of the workmen—substantially all the writing is mine—we have never made out two counterfoils, one for the same quantity of the order and the other for a less quantity—some counterfoils have been torn out of the book; when we are paid cash we do that.
Re-examined. When the ready-money customer pays cash the counterfoil is torn out—it is the ordinary rule, and not a special thing.
EDWARD WILLIAMS (Police-Sergeant F.), I was consulted by the prosecution last August—on the 17th, 18th, and 21st I was present at the unloading of Bradley's van—I counted on the 17th 126 boxes from Bradley—I saw the ones that were inside and counted them—I was there for the purpose—on the following day I counted 150—I could see quite as well on that day as the previous one—on the 21st I counted 180—I arrested Gapp on the 24th, about 7 p.m.—I read the warrant to him—he replied, "I did not count them, I did not know I had to"—about 8 p.m. the same day I arrested Bradley at Bethnal Green—I read the warrant to him—he replied, "I know nothing about them being short, except that there might be a miscount of one or two; this means ruin to me, whichever way it goes"—at the police station on August 28th, Gapp said to me, "Bradley has given me sixpence at different times, about 4s. in all, which he has said was for coffee."
NOT GUILTY .
Before Mr. Common Serjeant.
MR. GRANTHAM, for the prosecution, offered no evidence.
NOT GUILTY .
MR. METCALF Prosecuted.
MAUD EMMA STOREY . I am a widow, of 48, Castor Park Road, Stratford—in May, 1902, I met the prisoner at Bow—he said, "Good evening"—I said, "Good evening, where is the Missis"—he said that she had cleared off to America, and had sold up his home, taken his club money, and left him quite destitute—I walked out with him a little time—he asked me in marriage—I said I would think it over, and asked him to take advice—I kept company with him till August 29th, 1902, when I went through the ceremony of marriage with him, at St. Luke's, Mile End Road—this is the certificate, giving the address 12, Canal Road—he said that his wife had left a note on the table that he was quite free from her, and
would not trouble him any more; that he had had advice and that the result was that his marriage was not legal, because her first husband was living at the time of their marriage—this baby in my arms is the prisoner's, and I have two of my own.
Cross-examined. You have been an extremely good husband, I do not wish for a better, both to me and to my children—you have not hoodwinked me nor deceived in one lie—I have known you to be quite right.
By the COURT. I knew there was a question whether he had a wife living—this child is twelve weeks old.
JAMES MOSES POWELL . I am a Scripture reader, of 20, Wharncliffe Gardens, Grove Road, St. John's Road—on December 13th, 1898, I was present at St. Bennett's Church, Stepney, at a marriage solemnised between William Robert Wood and Caroline Elizabeth Silver—I recognise the prisoner as the man—I have seen Caroline Elizabeth Silver outside this Court to-day—I was one of the attesting witnesses—this is the certificate, in which the parties are described as "bachelor" and "widow."
Cross-examined by the prisoner. You were married after banns.
JOHN BEADLE . I am a warehouseman, of 8, Endive Street, Limehouse—I formerly lodged with Frank Silver and his wife—she is outside the Court—his wife left him—I remained on friendly terms with him—he left my house on a Sunday in 1894 and died the following Monday morning—I was present at the funeral—this is the certificate of his death—(This stated that the death was on July 16th, 1895, in the Highway, and gave the address as West India Road.)—that is where he lived.
Cross-examined. He fell out of a front window when repairing the blind, on the pavement—my wife saw him in his coffin—I did not go to to the inquest—after he left my house on the Sunday he never came back again—he was buried a few days afterwards—he was a foreigner—I paid his club money—I kept his insurance going—I never spelt his name—(The prisoner stated that the name was Silva and not identical with Silver.)
Re-examined. That is the man whose funeral, I went to—I knew him up to the time of his death.
JOHN MARSHALL (Detective K.) At 11 o'clock on September 19th, I saw the prisoner at West Ham Police Station—both wives were present—the first wife, Silver, is in Court—she has been identified by two witnesses—she pointed to the prisoner and said, "That is my husband"—he said, "Yes, I am"—the second wife said "I married this man, he married me"—the prisoner said, "Yes, I did"—I said, "You will be charged with marrying this woman, your first wife being then and now alive"—on walking from the corridor into the charge room the prisoner said, "I do not deny that I married this woman, but Mr. Dickinson, at the Thames Police Court, said it was not legal, and it is in the newspapers so"—when charged with bigamy he said, "Just so."
Cross-examined. I find that you bear an excellent character, and that you are a good workman.
The prisoner, in his defence on oath, said that he believed his second marriage was legal because he believed his wife's husband was alive at the time of his
marriage; that she sold up his home and told him he was free, as her husband was alive, and said, "My daughter has seen my husband, and you are not my husband."
GUILTY. Recommended to mercy by the Jury, they thinking he was deceived by his wife. One month's hard labour.
Before Mr. Recorder.
(847) CHARLES WARD , to breaking and entering the shop of Page Bros., Limited, and stealing therein an overcoat, and other articles, their property; also to a burglary in the dwelling house of William Roylance, and stealing therein two pairs of trousers, his property, having been convicted of felony at Clerkenwell Sessions on May, 13th, 1902, as Frank Watts. Twelve months' hard labour. [Pleaded guilty: See original trial image.]
NOT GUILTY .
WILLIAM EDWARD SHEPPARD PLEADED GUILTY . Two days' imprisonment.
Before Lumley Smith, Esq., K.C.
849. CHARLES BIANKI (68), PLEADED GUILTY to stealing two watches, two chains, and two rings, the property of John Spence Smith; also to stealing two watches, two chains, and two rings from Bernard Arnold, having been previously convicted of felony. Three other convictions were proved against him. Five years' penal servitude.
Before Lumley Smith, Esq., K.C.
MR. JENKINS Prosecuted and MR. ROOTH Defended.
The Jury, being unable to agree, were discharged without giving a verdict. (See below.)
MR. WATERLOW Prosecuted and MR. HUTTON Defended.
GUILTY .— Discharged on his own recognisances.
Before Mr. Common Serjeant.
MR. JENKINS Prosecuted; MR. ROOTH Defended
NOT GUILTY .
MR. FORDHAM Prosecuted
NOT GUILTY .
MR. C. FOOKS Prosecuted.
The prisoner received a good character. GUILTY , the Jury adding that in his drunken condition he did not realise the seriousness of his offence. One month's hard labour.
Before Mr. Recorder.
MR. BIRON Prosecuted.
CECIL HERBERT STEPNEY . I am Captain and Adjutant of No. 50 Battalion of the Militia Rifle Brigade, stationed at Woolwich—Forder and the prisoner were sergeants—this certificate is signed by me—the body of this cheque and the requisition for money orders is in Forder's writing—he has absconded.
EDITH PORTER . I am clerk and sub-postmistress at Seymour Place Post Office, Woolwich—on September 23rd this requisition for ten money orders for £6 5s. each with a cheque for £62 13s. 4d. was produced to me by Sergeant Forder, who had been to the office previously—he called for them half an hour later, and went away—this is one of the orders, No 8922, payable to Henry Chapman—I have the letter of advice stating that it is payable to Henry Chapman.
ELLEN JANE ROBINSON . I am a clerk at the Peckham Branch Post Office—on September 24th the prisoner presented this order, the receipt being signed by Henry Clifton—I had already received the advice from Woolwich, in which the name is Henry Chapman—I drew the prisoner's attention to the fact that the names did not agree, and said that I should have to consult the supervisor—I asked him if he had any other name, because people enlist in other names than their own—he said he was sometimes known as Herbert—I said, "That won't explain the alteration—he said he was anxious to get the money, would I let him have half, wire to correct the name, and the rest on confirmation—I said that was not usual, and left the counter to consult the supervisor—he seemed to be in a hurry—he left the office—we still had the order—I had told him I would wire, but could not advance the money—after he left this pocket-book was found on the public desk—it was given to me by the person who found it—I have no doubt the prisoner presented the order—I picked him out from a number of others.
HENRY MCKENNA (Police Sergeant R.) On September 29th I saw the prisoner at Camberwell Baths, where he was an attendant—I told him I was making inquiries about his cousin Sergeant John Forder—I produced this book, and said, "Whose is this?"—he said, "That is mine, I, lost
it last Wednesday, the 23rd; I do not know where I lost it"—I had received information about the pocket-book and about the prisoner—I again saw him on September 30th, when he was identified by Miss Robinson—I then told him he would be charged with forging and uttering the order at the Peckham Post Office on the 24th—he replied, "He has got me into a nice mess; he gave me £2 and the order, and told me it would pay my expenses; I went to the post office and signed the order, but I did not get the money"—I have compared "Henry Clifton" in this book with the receipt to the order—there is no resemblance.
The prisoner, in his defence, said that Forder had gone about with him and had refreshments, and asked him to collect the money and send it to Gosport.
GUILTY . He then
PLEADED GUILTY to a conviction of felony at Marlborough Street Police Court on March 22nd, 1903. Nine months hard labour.
MR. FITZGERALD Prosecuted.
During the progress of the case, and by the direction of the Court, the Jury returned a verdict of
NOT GUILTY .
Before Mr. Justice Bigham.
ADJOURNED TO MONDAY, NOVEMBER 16TH, 1903.