CENTRAL CRIMINAL COURT
SECOND SESSION, HELD DECEMBER 14TH, 1903.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
MESSRS. BARNETT AND BUCKLER.
Short-hand Writers to the Court,
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On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, December 14th, 1903 and following days.
Before the Right Hon. Sir JAMES THOMPSON RITCHIE , Bart., LORD MAYOR of the City of London, the Hon. Sir CHARLES JOHN DARLING , Knight one of the Justices of His Majesty's High Court; Sir JOHN WHITTAKER ELLIS Bart., Sir DAVID EVANS K.C.M.G. Lieut.-Colonel Sir HORATIO DAVIES K.C.M.G., M.P., Aldermen of the said City; Sir FORREST FULTON , Knight, K.C., Recorder of the said City; Sir WILLIAM PERDIE TRELOAR , Knight, THOMAS VESEY STRONG , Esq., and DAVID BURNETT Esq., other of the Aldermen of the said City; FREDERICK ALBERT BOSANQUET , Esq., K.C., Common Serjeant of the said City; LUMLEY SMITH Esq., K.C., Judge of the City of London Court, and JAMES ALEXANDER RENTOUL , Esq., K.C., M.P., LL.D., Deputy Judge of the City of London Court; His Majesty's Justices of Oyer and Terminer and General Gaol Delivery, holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT
RITCHIE, MAYOR. SECOND 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 December 14 th, 1903.
Before Mr. Recorder.
59. HENRY EVANS (44) PLEADED GUILTY to unlawfully obtaining 10s. and 2s. 6d. from Walter Philip Besley by false pretences with intent to defraud; also to attempting to obtain certain moneys from Walter Philip Besley with intent to defraud. Twelve previous convictions were proved against him. Twenty months' hard labour. —
(61). JOHN FREDERICK BAILEY to fraudulently converting to his own use £13 7s. 10d. received by him to pay to William Johnson and others the trustees of the Bolton Abbey Sick Benefit Society. He received a good character. Recommended to mercy by the prosecutors. One day's imprisonment. — [Pleaded guilty: See original trial image.]
(62). FREDERICK JOHN COLMER to feloniously receiving from William Fletcher orders for the payment of £2 and £6 15s. by virtue of forged telegrams; also to causing to be paid to himself orders for the payment of £2 and £6 15 by virtue of a forged telegram; also to receiving and obtaining from William Fletcher certain postal orders amounting to £2 7s. by virtue of forged telegrams; also to unlawfully and knowingly forging telegrams addressed to William Fletcher. He received a good character. Nine months' hard labour. — [Pleaded guilty: See original trial image.]
(63). WALTER SAUNDERS (20) to stealing whilst employed under the Post Office, postal packets containing postal orders for 10s., 20s., and 10s., the property of the Postmaster General. Nine months' hard labour. — [Pleaded guilty: See original trial image.] And
(64). FRANK LANHAM (34) to stealing and receiving an order for the payment of £220 5s., and within six months stealing another order for £179 12s. 6d., the property of His Majesty the King his master; also to forging and uttering receipts for £179 12s. 6d. and £220 5s. with intent to defraud. Twelve months' hard labour. [Pleaded guilty: See original trial image.]
MR. CLAYTON GREEN Prosecuted and MR. DE MICHELE Defended.
LUCIE DRESEL . I am the wife of Adolph Dresel of 76 Thicket Road Anerley—on September 29th I received this letter from the prisoner—I did not know him before—in response to that letter I met him outside Mr. Colman's office in Leadenhall Street next day at twelve o'clock—Mr. Colman is my solicitor and manages an estate which I have an interest in—this is the letter: "24 Aldebert Terrace Albert Square Clapham Road September 29th. Dear Madam—I am very sorry to have to inform you that your husband has this evening been taken to the Wandsworth prison for a term of twenty-one days for debt amounting as you will see by the enclosed memorandum to £18 5s. 6d. which your husband gave me to hand to you so as to enable you to obtain the amount to get him released. I am well known to your brother and sister-in-law Mr. Villiers Hamilton Pauley and they will tell you who I am. I will do my best to assist you in your time of trouble if you wish me to do so and if you will wire me on receipt of this letter I will keep any appointment at your sister's Mr. Colman's 57 Leadenhall Street to explain matters to him as suggested by your husband to be before being taken away to Wandsworth. We ought to be able to obtain his release. Please wire me before nine o'clock if you require my assistance.—Your's faithfully Louis D Waterman. Mrs. Dresel."—I did not know my husband had been taken then—he lived with me—he was sent to prison on a County Court judgment on a bill—I went with the prisoner to Mr. Wilkinson a solicitor and asked him to lend me £15 on some furniture—he advised me in a friendly way to go to my brother and explain the matter to him—I went to my brother who is an architect at 25 Victoria Mansions with the prisoner—my brother advised me to write to my sister who is the trustee of the estate and ask her to advance me the £15—the prisoner suggested that I should advance him £4 to renew the bill on which my husband had been taken up and that he thought he could renew the bill which would obtain the release of my husband who had been imprisoned in default of payment of the bill which he had been surety to for a friend—I thought that would be a very good thing so I gave him the £4 and I also gave him 5s. for expenses—I thought he was acting as a friend—the amount of the judgment was £17 5s. 6d.—we parted then and next day I received this letter from him: "September 29th. Dear Madam.—I have done everything as promised also written governor of prison at Wandsworth copy letter which I enclose. I should show this letter to poor old Mrs. Dresel. Will meet you at twelve o'clock as arranged to-morrow.—Yours faithfully LOUIS WATERMAN"—this is the enclosure to the governor: "September 29th. Dear Sir—You have a prisoner in your prison for debt the name of Mr. A. Dresel. He was brought to your prison yesterday afternoon about 6.30 o'clock. I have arranged for his immediate release. Will you kindly inform.—Yours obediently.
Dresel is my mother-in-law—she was very ill when this occurred—I had arranged to meet the prisoner at another of my brothers at Buckingham Street Strand and he was to report to me if he had been able to renew the bill and to go with me to obtain my husband's release—my brother Devereaux is a public house broker—the prisoner said he had Smith's clerk who is the money lender who had advanced the money outside—Smith's clerk did not come in and we went to find him at a sort of public house opposite—the clerk was not there—we returned to my brother-in-law's office—the prisoner said he had spent 30s. of the money on going down to Croydon and settling another action against my husband—I said that he owed me £2 10s. out of the £4—I do not remember what he said to that—he left soon afterwards saying he was going up the street to find Smith's clerk and that if I left it to him it would be all right—he left about 1.30—I waited till about 6.30 thinking he would return but he never did so I had to find another £4 and with the money which I borrowed from my trustee which had come to the office in the meantime I went down to Wandsworth to release my husband—I had the second £4 in my pocket for housekeeping and I took that instead of paying my bills—I found my husband ill in the infirmary—I paid the money to the sergeant in the office—I never heard a word from the prisoner—I wrote to him asking him for my money—my brother-in-law told me what to do and I swore an information at the police court and a warrant was issued—my husband's release was obtained without any assistance from the prisoner—the money was never tendered to me again but somebody came and made out a fictitious account.
Cross-examined. My husband is a mining engineer and an analytical chemist—he did not owe the prisoner £1 17s. 6d.—I never knew him until this matter occurred—I never knew he was a friend of my husband's—I heard that my husband borrowed £20—I do not know if the prisoner borrowed it for my husband—my husband gave me £4—he did not say where he got it from—he said he had had some business transactions—the prisoner did not show me a letter from my husband in Wandsworth prison—this memorandum (Produced) was enclosed in the letter of the 28th: "Mr. Waterman will explain all"—that is in my husband's writing—there is also on it "£17 5s. 6d. and £1 footing money"—I do not know what that means—I did not pay any footing money—I paid the £17 5s. 6d.—I thought the £4 was for the renewal of the bill—I did not understand that a judgment had been obtained against the bill—the prisoner was not authorised to go to a number of places to obtain money for me—I heard that he had not been to Smith the money lender—he said he would have to go to Smith of Croydon to find out where the money was obtained from—I do think that my husband proposed that I should have a warrant against The prisoner—my brother-in-law and his partner and Mr. Burr said "Lock him up"—I went to the prisoner's address but he had left—I believe he had a flat but there was nobody there—I said before that I did not wish to go on with the case and that after the summons had been issued—was quite willing to forgive him for playing me such a dirty trick—I was told that as the proceedings had been started I could not take the
money although the prisoner told me that if I went to the solicitor's office I could have it—I told him that my husband was a bankrupt—I did not think the prisoner was helping me or my husband.
Re-examined. I never heard of any tender before the information was laid.
FREDERICK SMITH . I am bailiff for the Croydon County Court—I arrested Mr. Dresel on September 18th—I went with him to Sydenham to see if he could get the money and then we came to London—we went into the Boar's Head in Cannon Street—the prisoner came in—Dresel knew him and told him how he was situated and that he was in custody—he then suggested that the prisoner should write or communicate with Mrs. Dresel to try and procure the money to get his release—the prisoner said he would do what he could—I then took Dresel to Wandsworth prison—there were other actions against him at the Croydon County Court—the prisoner never came to settle any of them.
The prisoner here stated that he was willing to refund the £4 to Mrs. Dresel This was done in Court and the Jury at the Recorder's suggestion returned a verdict of
NOT GUILTY .
MR. LEYCESTER Prosecuted; MR. MILLAR Defended.
The RECORDER said that he considered the evidence of robbery with violence was insufficient and directed the Jury to return a verdict of
NEW COURT.—Monday and Tuesday December 14 th and 15 th 1903.
Before Mr. Common Serjeant.
MR. WILKINSON Prosecuted and the evidence was interpreted.
DOMENICO ESPOSITO . I have lived at 17 Little Gray's Inn Lane Holborn eight years—I am a coal dealer—the prisoner lodged with me five ox six weeks in the first floor back room at 2s. 6d. a week—Siano shared the room with him paying another half crown—on November 7th I was awakened from my first sleep by a knocking at the door—I went down to the front door and let the police in—I went with them to the prisoner's room—they searched it and I saw a mattress taken from the bed—a coin fell from the bed—I picked it off the floor—I found a newspaper parcel of coins which the police took from me and opened—they took the prisoner away and came back to search.
Cross-examined by the prisoner. The first time the police came they found the bottles of acid only—the police guarded the room and I had not access to it—I found a second coin after the prisoner was arrested—I do not remember how long the police waited; I was asleep
and my wife got up and had to dress—Siano occupied the room before you came—the police found the paper parcel under the mattress—Siano was in bed with you when the police came—when the police knocked at the door you came and asked me who it was and the police said "That gentleman"—you opened the door—I opened the door to the police—you were inside the house still up—you were undressing—it was 2.30 a.m.—when I woke up my wife came and said "There is a gentleman wants to see Mr. Capacci"—you were then undressing—I did not put the chain on the door or speak to you about the chain—every night I used to speak to you about the chain because of many valuable things in the house which I did not want to lose—I went to my son because I was afraid and I did not know who it was at the door—you paid your rent regularly but did not pay me last week—you never had a fire in the room—you closed it from inside with' a chain—there was a fastening to fall away outside and inside your door—there was a lock—it was the front door that was fastened with a chain—your door had a common lock—you and your friend Siano had the key—the door was locked during the night and sometimes during the day—it could be locked from outside or inside—I live in the shop and do not know whether the door was opened or fastened—the wall in which the door was reached part of the way to the ceiling—it was of wood and the rest of brick—only the part that was by the side of the staircase ran up to the ceiling—you slept with Siano.
Re-examined. The prisoner told me he was a photographer when he came to the house—he said he would take my photograph but he did not take it—he had no studio in the house—I never went into his room while he was lodging there before November 7th.
LIUGI SIANO . I lived at 17 Little Gray's Inn Lane four or five months with the prisoner—I sell chestnuts in the street—I saw this small machine in the cupboard and three or four bottles four or five days before the police came—I did not notice what was on them—I think they were like these produced but I did not notice—the prisoner said he was a photographer—once he was cursing the weather because he could not take photographs—that was ten or twelve days before the police came—he paid "The weather is bad otherwise I should have to take the photo-graph of somebody"—once he told me to go downstairs because he had to do something which if ho did not do he would lose 5s.—that was the lay before the arrest—I was there when the police came—the prisoner was in bed—I was just going out of the room when I heard the noise—came in at 10—the prisoner came and lay on the bed about 10 to 10.30—10 was out of the house when I went to bed—I heard the knocking for twenty to twenty-five minutes—I said to the landlord "What may it be?"—the prisoner was then in bed—he had been in bed from ten to fifteen minutes—he went down stairs to do something—he came in about 2.35 a.m.
Cross-examined. One could not lock my bedroom door inside—the wall went up to the ceiling—I saw the light at 2.30 and woke up—he prisoner showed me this dagger two or three times—I told the
Magistrate I had seen the sword—when the police came the prisoner was awake—he woke up and went out of the room—he asked who was there—somebody answered and we went to open the door—I have never seen any fire in the room—there was no means of lighting one the chimney was closed-with a piece of cloth behind the bed—I remember buying a packet of cigarettes in the evening and in the morning I put the change in my pocket and three or four days after I found this base shilling—I had no bad shilling; if I had I should have thrown it away—I went with the landlord to the market and bought a bag of chestnuts—I found I had the bad shilling five or six days after I bought the cigarettes and about seven days before the police came—when the police were searching the room I gave the shilling to the detective—I went to a woman at the shop and told her she had given me a bad shilling after I came back from market the same day—the proprietor of the chestnuts told me the shilling was bad.
WILLIAM WILLIAMSON (Detective Sergeant) On November 7th I went with Officers Allingham and Purkiss to 17 Little Gray's Inn Lane about 3 a.m.—I found the front door fastened—after knocking some time we were admitted—we were detained from half to three-quarters of an hour—we went to the backroom first floor—the door was fastened from the inside—I knocked several times and received no reply—Sergeant Purkiss put his foot through the door and it opened—we burst it open—we found the prisoner in bed—there was only one bed in the room—I saw Siano afterwards—finding the prisoner could not understand I sent for the landlord's daughter who speaks good English—I told the prisoner I was a police officer and suspected him of having counterfeit coin and instruments for making the same in his possession and that he would have to dress himself which he did—I directed Purkiss to search the room while I was in charge of the prisoner—Purkiss brought me this battery and the acids and I deemed it my duty to take the prisoner to the police station—there were acids in the bottles and some in the battery—some fifteen to twenty Italians assembled and Purkiss accompanied me to the police station leaving Allingham in charge of the room—the prisoner was charged through an interpreter—he made no reply to the charge—prior to going back after taking him to the station I searched another house in the vicinity and then returned with Purkiss to 17 Gray's Inn Lane shortly after 6 a.m. and made a complete search for two or three hours—the top part of the bed was lifted off the bedstead and on the mattress was lying a packet which the landlord picked up—a coin dropped—he picked it up—it is a small room and he was about a yard away—th packet contained coins wrapped in this paper—in the prisoner's left hand vest pocket Purkiss found four good shillings with plaster of Paris on them wrapped in tissue paper—this piece of glass had an impression of a row of shillings probably half a dozen—it was found in the cupboard with the other things produced—the prisoner gave evidence before the Magistrate and was defended by a solicitor who asked permission for the prisoner to see the glass; the prisoner wetted his thumb and took the impressions off the glass and the Magistrate directed that he should see no more of the
articles produced—I returned to the house and Allingham was relieved by another officer—I examined the room this morning—the top part of the door is matchboard and there is no vacancy above it.
Cross-examined. The partition is not seven feet high; it is an ordinary room—if Siano had been there he would have been arrested—Purkiss found this sword under the pillow—we were knocking at the door from half to three-quarters of an hour—there was a padlock on the room door which was used with a staple inside and out.
HARRY PURKISS (Police Sergeant). I was with Williamson and Allingham at 17 Gray's Inn Lane—we found the room fastened inside and had to force the door—by Williamson's direction I searched the room—in the cupboard I found this battery with the three bottles of acids and on the shelf these silver ladders about two dozen on which coins are hung to be silvered two pieces of glass one larger than the other—the larger one had plaster of Paris and impressions of shillings on it—it was handed to the prisoner when he was giving evidence at the police court—he rubbed out the impression with his fingers—in the cupboard were also this tin of cyanide of potassium this small milling file and the silver sand and this plaster of Paris lying in a paper at the bottom of the cupboard wrapped in an English newspaper—there were also this knife bearing traces of plaster of Paris this tin of grease this small zinc bath empty and the copper wire with marks of silver adhering to it and sandpaper—we searched the other part of the room—the small wooden table in front of the window was covered with traces of plaster of Paris—the prisoner got up and partly dressed—I searched him—in hip left hand vest pocket I found these four good shillings one dated 1900 wrapped separately in this foreign newspaper—they were very white and plaster of Paris was adhering to them—we took the mattress from the bed—I found this stiletto under the pillow in the scabbard—turning the mattress over on to the floor Esposito picked up a newspaper packet and dropped a coin which he picked up and tried with his teeth—I said "What have you there?"—he handed me the packet which I opened—it contained these ten counterfeit half crowns with paper between every one—we searched the house thoroughly—I was present at each search—I found nothing relating to photography.
By the COURT for the prisoner. The other officers who visited the house are here and may be witnesses—the room door was fastened by a padlock; there was one staple inside and one out—these two pieces of copper wire were attached to the battery—these four shillings were produced at the police court.
Re-examined. It would not be possible for anyone on the landing to see into the room the partition goes close to the ceiling.
THOMAS ALLINGHAM (21 E.R.) I remained in charge of the room while the prisoner was taken to the station till I was relieved by Long another constable at 6 a.m.—no one entered—I sat at the door on a chair—I was not there when the sergeant came back.
Cross-examined. I was in uniform—Sergeant Williamson was there and three officers I do not know.
until the other officers came and during part of their search—no one else entered the room while I was in charge—the landlord was about a foot from the bed when it was stripped.
Cross-examined. I was in uniform—Williamson and Purkiss were in plain clothes—I do not know of any other officer in plain clothes being there.
WILLIAM JOHN WEBSTER . I am Inspector of coin to H.M. Mint—I have seen all these articles—this is a bichromate battery which is of great intensity for a short time—I have never had one in a case of this description before—it is worked with a solution of bichromate a deposit of sulphuric acid—these ladders are used on the edge of the bottle or jar for holding the coins to take the deposit—these four shillings have all been in plaster of Paris—they have been used as pattern pieces—there is nothing in the bath except plaster and silver sand—these ten half crowns are counterfeit four different dates and consequently of four different moulds—they are not well made—they are finished—these acids are used by coiners for battery purposes—the silver is supplied to the battery by the cyanide of potassium and nitrate of silver and salt—this is a solution of chloride of potash and sulphuric acid the other is for working the battery—it has been tested by a chemist—the file is for milling the edges of the coin.
Cross-examined. The battery is used after the coin is made—we have these solutions in every coining case—the copper wire is used for the positive and negative elements in connection with the zinc—the plaster of Paris is used for making the moulds and they are generally made with a piece of glass—the sand is used for drying purposes or for polishing the coin and the ammonia for cleaning the metal surfaces—the battery might be used for an electric lamp but I have no personal-knowledge of it—it is not a usual coiner's battery—I cannot say whether the electric light can bring up photographic negatives; as far as I know I believe the battery is not used for photographic purposes—I have worked on photographic films where no battery is required.
Re-examined. This battery is not commonly used in the process of silvering counterfeit coin but it could be put to that use. (MR. DUNCAN, barrister here appeared to defend the prisoner.)
The prisoner in his defence on oath said he was a photographer and a retoucher of negatives and required the chemicals for the preparation of the paper the battery for a light the file for cutting the copper wire for the battery; and that the plaster he found in the cupboard and used for cleaning his toilet glasses and that the small bath was merely a shaving bowl; that he was unaware of any coins having been put under the mattress that the foreign papers he found in the room; and that he rubbed off the impressions from the large glass at the police Court because they were not on it when the police took it.
nor lamp but only some old collars socks and things in an old bag which I examined in the room.
MR. DUNCAN submitted that a battery was not a machine under the Statute (See Reg. v. Gover in 9 Cox and Archbold p. 933). The Court overruled the objection.
GUILTY . He was stated to be an associate of coiners. Five years' penal servitude.
MR. GREENFIELD Prosecuted; MR. W. B. CAMPBELL Defended.
NOT GUILTY .
MR. WILKINSON Prosecuted.
ISABELLA HOBBS . I am the wife of Edmund Hobbs who keeps a confectioner's shop at 154 Hackney Road—I was in the shop in the afternoon of December 7th when my girl served Jeffery with 2d. worth of chocolate and brought me this florin—I tried it in the tester and told him it was bad and gave no change—he said it would get one into trouble—he paid 2d. for the chocolate and went out—Constable Bell came in made a communication to me and I gave him the florin—afterwards the same night the police fetched me to the police station where I saw the three prisoners and picked out Jeffery as the man who had been in the shop in the afternoon.
EDITH RAYNOR . I reside at 46 Lower Templar Road Lower Clapton—I assist Sanders Brothers corn chandlers in their shop at 2 Columbia Road—on December 7th about 3 p.m. I served Jeffery with an ounce of curry powder at 1 1/2d.—he tendered a florin—I gave him 1s. 10 1/2d. change—he had hardly left the shop when Low came in and inquired about rolled oats but made no purchase—a constable came in shortly afterwards and said something to me in consequence of which I tried the coin in the tester and found it was bad—it has a mark on it—the same afternoon I recognised the two prisoners and another man at the police station as the men who had been in the shop.
Cross-examined by Low. I did not see Wilson in the shop.
GEORGE BELL (88 G.) On the afternoon of December 7th I watched the prisoners and afterwards was with Holland watching them—about 3 p.m. I saw Jeffery go into 154 Hackney Road a confectioner's shop and come out and join the other two prisoners—I went into the shop and Mrs. Hobbs handed me this coin which she had tried—I marked it with a cross—the prisoners went along Columbia Road—Jeffery went into Sanders' shop and as he was coming out Low went in—they passed each other inside—Wilson was then in Columbia Road—the prisoners joined together—I got the assistance of another officer Holland—we followed them to the Loggerheads public house in Gascoyne Place—I told them I should arrest them for uttering counterfeit coin in the Hackney
Road and should search them—they made no reply—on Jeffery I found a shilling and old. in bronze good money: and on Wilson a purse containing 9s. in silver two half crowns a florin. 4 1/2d. in bronze good money and a packet of chocolate with the name on it "E. Hobbs 154 Hackney Road"—I also found two parcels of metal this is one piece and a packet of sulphate of copper a watch a pair of scissors and six sheets of tissue paper—on Low I found 1s. 6d. in good silver a file and a long table knife—there is rust and some white stuff on the file—with the aid of other constables I took them to the station—in consequence of something that was said I went back to the Loggerheads public house searched and found on the ground in a corner of the bar where Wilson had been standing this bag of curry powder and this match box containing three counterfeit florins in tissue paper—they were charged at the police station with uttering and made no reply—Jeffery gave his correct address 14 1/2 Marlborough Place opposite the Loggerheads—Wilson said he lived in a lodging house in the Borough but did not know where it was and that he lodged at Rowton House that night—Low gave his address at 97 Bethnal Green Road which is not correct.
Cross-examined by Jeffery. I found no coin at your place—I went with a police sergeant—I saw a bed a little table and two chairs—your wife was detained at the police court for inquiries because she was seen to join the prisoners in St. Margaret's Place and was with them in the Loggerheads.
Cross-examined by Low. Not long afterwards we found out from your mother-in-law where you lived.
ALBERT HOLLAND (435 H.) In consequence of a communication received on December 7th I joined Bell and another constable and followed the prisoners into the Loggerheads public house—I saw Wilson place something behind him as he was standing at the corner of the bar with Low on his right—it looked like a bag—at the police station I made a communication to Bell and we returned to the public house—I saw him find this bag where Wilson had been standing.
WILLIAM JOHN WEBSTER . I am Inspector of coin at His Majesty's Mint—these coins are counterfeit—four out of the five are from one mould—these acids are used by coiners and the tissue or other paper to preserve the coins.
LUCY KATE WOOD . I am the wife of Charles Wood who keeps the Baxendale public house Columbia Road Bethnal Green—on November 27th I served Low with a glass of ale—he tendered a shilling—I found it was bad—he offered me sixpence which I did not accept but showed the shilling to my husband—he put it on the counter—I believe Low picked it up—afterwards the police were sent for—I believe these are the broken pieces of the coin.
For a constable—I went into the bar to prevent his escape—I said to him "I have been told you have been trying to pass bad money; let me see it"—he refused saying that he knew where he got it—he had the broken pieces in his hand—when the constable came I stated in his presence what had occurred and he asked Low if he had any more and proceeded to search him.
JOHN WYNNE (293 H.) I was called to the Baxendale public house on the night of November 27th—I told Low I should search him—he said he had given the coin to Mrs. Wood and that he did not know it was bad—I searched him—I only found a good sixpence on him—he had the broken pieces in his hand—I asked him for his address—he said 4 Mann Street Bethnal Green—I let him go.
Jeffery's statement before the Magistrate: "I plead guilty to uttering them two but not knowing them to be bad money."
Low's defence: "I found the coins in a parcel in London Fields Hackney and did not know they were bad."
JEFFERY**. and WILSON— Three years' penal servitude each. LOW (who received a good character as a soldier)— Six months' hard labour.
OLD COURT.—Tuesday December 15th 1903.
Before Mr. Recorder.
70. THOMAS GLANVILLE otherwise BILES PLEADED GUILTY to obtaining 10s. from Philip Rutledge £1 from Alice Bullinaria 10s. from Jesse Barnes and £1 from Walter Emery with intent to defraud; also to forging and uttering orders for the payment of £10 and £17 18s. 6d., with intent to defraud having been convicted of felony at Clerkenwell on August 8th 1900. Four other convictions were proved against him. Five years' penal servitude. —
(71). HORACE WALTER MATTHEW NOBBS (27) to feloniously forging and uttering endorsements on three orders for the payment of £199 11s. 6d. £86 10s. 8d. and £329 15s. 5d.; also to stealing three bankers' cheques for the same amounts the property of the Bipposu Mines Limited his masters. (See Rex v. Gaster Vol. CXXXVIII page 1179). Eighteen months' hard labour. [Pleaded guilty: See original trial image.]
MR. NEWTON CRANE Prosecuted; MR. C. F. GILL K.C. and MR. DRAKE Defended.
The prosecution offered no evidence.
NOT GUILTY .
MR. LATHAM Prosecuted.
Buckle was with me—I said "We are police officers and we are going to take you into custody on a charge of having feloniously married one Alary Ethel Pope at St. Saviour's Church Pimlico on January 9th 1902 your first wife Alice Muriel Smith being then and now alive"—he said "I have not seen or heard from my wife for sixteen years; she deserted me I did not desert her"—I said "You knew in 1896 that she was alive; it was proved in Court by her brother"—he said "Yes I remember that"—I obtained two certificates at Somerset House—I was acting because of complaints from both wives.
EDITH SMITH . I live at 27 Sackville Gardens Hove and am the sister of Alice Muriel Newton formerly Alice Muriel Smith. I was present on April 27th 1887 at St. George's Hanover Square when she was married to the prisoner—she is alive and is in Court—she lived with the prisoner until sometime in 1888 when my mother was obliged to take her away from him because he was living without paying wherever he went and my mother was obliged to pay—they have lived apart eve: since—the prisoner pawned the wedding presents—my sister has partly lived at home since.
HENRY MONTEITH SMITH . I reside at 83 Ermine Road Lewisham and am a clerk to Messrs. Barclay's the bankers—the prisoner's wife is my sister—in 1896 I made a statement in the prisoner's presence that ray sister was still alive and I also then gave my name and address—I was not then living at my present address but there was no difficulty in obtaining my address—I have been in Barclay's Bank for twenty-three years—I have not received any letters from the prisoner since 1896—a letter addressed to me at the bank would be handed to me without doubt.
Cross-examined by the prisoner. I received a letter from you in 1891 but I think not since.
MARY ETHEL POPE . I live at 1 Camelford Street Brighton and am the daughter of the late Colonel Pope of the Connaught Rangers—I first met the prisoner in October 1901—I took my mother to a theatre; she nearly fell on the stairs and the prisoner prevented her from being hurt—he asked her for her address and if he might call—he did so and became very friendly with us—he said he had been to see a specialist who told him that he had only a few months to live—he had proposed to my mother for me and he asked me if I could marry him immediately to nurse him in his last months of life—he was supposed to have some internal complaint—I married him on January 19th 1902 at St. Saviour's Pimlico—he described himself as a widower and he told my mother that his wife had died of double pneumonia in the summer of 1901—he said she had deserted him shortly after they were married on April 27th 1887—he is described in the certificate as a journalist and his father as an Indian judge—he said that he himself was a war correspondent on the New York Herald and had £600 a year that his life was insured for £500 payable when ho was forty: he said he was then thirty-eight—I lived with him as his wife—we went first to Eastbourne
then to Nice and then returned to London—we then went to Torquay—had no fortune of my own—my mother was of fairly comfortable means—I had an interest in a reversion and I sold it for £225 at his request as we had no money—that was soon after we left Exeter—the greater portion of that sum was expended in paying his debts—in the autumn of this year in consequence of what came to my knowledge I took these proceedings on the advice of my solicitor.
Cross-examined. You have never struck me but you have never told me the truth from the day I met you and you concealed everything.
The prisoner's statement before the Magistrate: "My first wife deserted me on January 22nd 1888. She was taken away by her mother while I was away on business; I saw her once or twice up to October 2nd 1888; from that date up to the present I never set eyes on her. I corroborate the statement made by my second wife. I know I have done her a cruel wrong."
The prisoner in his defence said that he lost his first appointment as a clerk which was a good one through getting into debt; that his wife left him in consequence; that he always paid his way; that he had never seen his wife since January 22nd 1888 nine months after they were married; that he had written to her and had employed a private detective to find her; that all his letters were returned unopened; that he went to Lewisham to try and find her but could not hear of her; that the money raised by the prosecutrix was only a very small portion of that to which she was entitled; that all he had told her was true; that he was perfectly certain in his own mind that his wife was dead; and that not having seen her for over seven pars he thought he was entitled to think so; that he was a cocaine maniac which had a great deal to do with his not telling the prosecutrix of his career.
GUILTY †He then
PLEADED GUILTY to a conviction of felony at Clerkenwell on June 15th 1896 as Ambrose Winterton. Two other convictions were proved against him one being for forging the death certificate of his wife to obtain money from a society to bury her. Seven years' penal servitude.
THIRD COURT.—Tuesday December 15th, 1903.
Before Lumley Smith Esq. K.C.
74. ERMAND WILLIAMS LEWIS WARD (33) PLEADED GUILTY to obtaining by false pretences £1 from Frederick Beale and £1 5s. from James Marcham; also to assaulting William Walsh; having been convicted of felony at the West Ham Police Court on October 26th 1902. Several other convictions were proved against him. Twelve months' hard labour. —
(75). JOHN WINTERS (30) to obtaining certain furniture from Abraham Rosenberg by false pretences with intent to defraud; also to stealing certain pianos the property of Frederick John Rogers and Alex Holman; having been convicted of felony at this Court on September 9th 1902. Several other convictions were proved against him. Eighteen months' hard labour. — [Pleaded guilty: See original trial image.]
(77). WILLIAM RIDGEWAY (17) to attempting to carnally know Jane Louisa Brewster a girl under thirteen years of age. Three months in the Second Division —(18). [Pleaded guilty: See original trial image.]
(78). HENRY SMITH (28) , to stealing a barrow the property of Gustavus Billings; also to stealing a door mat the property of James Chambers having been convicted of felony at St. Mary's Newington on June 12th 1901 in the name of Henry Marler. Four other convictions were proved against him. Twelve months' hard labour. The Police in the case were commended by the Grand Jury.— [Pleaded guilty: See original trial image.]
(79). FOSTER TUPHOLME (38) to having fraudulently converted to his own use a half sovereign entrusted to him by Eliza Ellerby Wilson. Several convictions were proved against him Discharged on recognisances. — [Pleaded guilty: See original trial image.]
(80). CHARLES SPENCER (26) to stealing an overcoat belonging to Eric Klinckerfus; also a sugar basin and other property belonging to George Mullins; also a champagne cooler and other articles the property of James William Paveley having been convicted of felony at this Court on November 18th 1901. Several other convictions were proved against him. Eighteen months' hard labour. — [Pleaded guilty: See original trial image.] And
(81). GEORGE SMITH (27) to obtaining by false pretences from Mary Elizabeth Young £3 13s. with intent to defraud having been convicted of felony at Weymouth on March 31st 1900 in the name of Charles Henry Smith. Three months' hard labour. [Pleaded guilty: See original trial image.]
GUILTY of unlawfully wounding and the Jury found that verdict. He received a good character. Discharged on recognisances.
MR. GRIFFITHS and MR. RODERICK Prosecuted.
GUILTY . Four months' hard labour.
MR. POYNTER Prosecuted.
CHARLES HOMER . I reside at 42 Dundonald Road Willesden—on September Kith I left the house to go for a holiday everything being secure—shortly afterwards I received information and returned on September 20th—I found the panel of the door smashed in and marks of a jemmy—nothing was missing.
GEORGE BALL . I at present live at Brightlingsea Essex—on September 14th I had a pony in a field near Mr. Homer's premises—I went to bring him in about seven o'clock and saw the prisoner leaning against a fence—I took the pony in and came out again and saw the prisoner leave 42 Dundonald Road—I went to the door examined it found jemmy marks on it and an entrance forced—I saw the prisoner going down the street and gave chase and caught hold of him and told him he would be charged with burglary—he said I had made a mistake—I said he would have to
go to the station—he put his hand in his pocket pulled out a jemmy and struck me with it on the arm I had him by—we struggled and both went to the ground—he got away—he was under my observation about ten minutes.
GEORGE COLE (Detective Sergeant X.) I am stationed at Kilburn—on September 15th I examined Mr. Homer's house and found that an entry had been effected by breaking the panel of the door and inserting the hand drawing back the latch—there were also jemmy marks corresponding to this jemmy (Produced)—I saw the prisoner at Willesden Petty Sessions on December 3rd and told him he would be placed with other men for identification—he said "When did this job happen?"—I told him September 14th—he said "I was away hopping then and did not come back till the 18th or 20th"—he was placed with eight other men and immediately identified by Mr. Ball—he had a fair chance of being picked out.
EDWARD PITTAWAY (Detective Officer X.) From information I received on November 27th at 4.30 p.m. I was in Pottery Lane and saw the prisoner go into the Queen's Head beerhouse—I got the assistance of two other officers and I went into the bar and said to the prisoner "I want to speak to you"—he came up to me—I told him I should arrest him on suspicion for burglary at Kilburn—he said nothing but struck me a violent blow on my ear with his fist—I beckoned to the two other officers who came across the road—we took him to the Notting Lane Station—he was very violent there and we had to handcuff him—I called a cab and he said he would kick the—cab to pieces—I sent for an ambulance trapped him down and conveyed him to Harrow Road Police Station where he was charged—he was not drunk but had been drinking.
Cross-examined by the prisoner. The other two officers I mentioned were about thirty yards from the Queen's Head; not just outside.
The prisoner's statement before the Magistrate: "I am not guilty and reserve my defence."
The prisoner in his defence complained that Sergeant Ayres had been to his mother's place and taken a lot of letters away.
ALBERT AYRES (Detective Sergeant X.) I called on the prisoner's mother and she produced an envelope with an address on it in the name of White—she said "Charles was down in Kent hopping at the time"—we communicated with the fanner in Kent who was said to have employed him and Detective Sergeant Cole received a reply that the farmer failed to identify the prisoner's photo or the name on his books as being there at the time—Richardson was the farmer's name—I have not heard of a Mr. Skinner.
Evidence for the Defence.
MRS. FISHER. I am the prisoner's wife—he was down in Kent in my maiden name White—we went hopping with Mr. Alfred Skinner on September 1st finished on the 16th and came home on the 17th—a letter was sent us on the 14th to Kent but the solicitor at Harlesden has kept it—I was going to engage him but he wanted too much money.
GUILTY . He then
PLEADED GUILTY to a conviction of felony at Westminster on April 12th 1902 in the name of William Jones otherwise Charles Fisher. Eight other convictions was—proved against him. Eighteen months' hard labour.
OLD COURT.—Wednesday December 16th 1903.
Before Mr. Recorder.
MR. MUIR and MR. BODKIN Prosecuted; and MR. KEMP K.C. and MR. E. WILD Defended.
During the prosecutor's evidence the prisoner withdrew his plea of justification and
PLEADED GUILTY to the libel. Discharged on his own recognisances in £500.
MR. BROMBY Prosecuted.
FREDERICK JOSEPH HOLLINGSWORTH . I am one of the firm of Hollingsworth and Matthew shipping agents Barbican—early this month I had some velvet ribbon to deliver to some clients—on December 3rd our porter Powell took it to a truck which was standing at the door—this (Produced) is a portion of it—there were five parcels and something over 1 000 yards—this (Produced) is the sort of box that it was in—there was a private shipping mark on the wrappers outside the boxes these marks correspond exactly with our invoices—I have not the slightest doubt that these goods are ours—they went out on December 3rd with the wrappers round them about 11 a.m.—I recognise this trouser-stretcher—there was a small ivory label on it but it has been removed—I have two others in my possession part of the same lot with the label on them—the racks which held the label on are still there—the manufacturer's price for the goods is about £14.
EDWARD POWELL . I am employed by Messrs. Hollingsworth and Matthew—on December 3rd about 11 a.m. I had five parcels of goods in boxes delivered to me to put on my hand-trolley and also a trouser stretcher—having put them on the trolley I went back into the office for some other things—when I came back I missed the trolley—I do not know any more about it.
JOHN COLLISON (City Detective Sergeant.) In consequence of information about 4.1.") p.m. on December 3rd I went to a house in Whitecross Street which is 300 or 400 yards from Barbican—I went into a room over a barber's shop—I found the prisoners in the front room—the man was sitting in a chair by the fire the woman was also sitting down—I was with two other constables and I said "We are police officers and are
making inquiries respecting some ribbon which has recently been stolen in the City from a barrow"—the man said "I have been ill for two or three weeks; I know nothing about any ribbon"—the woman said "We know nothing about it"—I said "I have reason to believe you do; I shall search your room do you occupy the back room?"—they said "Yes"—another detective went into the back room with the woman and I heard her say "You will find it all here; I bought it unknown to my husband off a man"—we found the ribbon and the trouser stretcher—I told them they would be taken to the station and charged with feloniously receiving the goods knowing them to be stolen—they were taken to Moor Lane Police Station—I returned to the room and made a further search—in the front room I found these two wrappers mixed up with a lot of other paper they have been identified by the prosecutor—I also found large sheets of brown paper which had evidently been wrapped round parcels (Produced) and where the labels had been there is a hole—also in the front room I found a quantity of other goods which have been identified as being the proceeds of similar larcenies—the back room was a sort of lumber room it contained all kinds of things brooches and rings and all kinds of odds and ends—they were not in boxes; they were thrown about the place—the boxes had all been stripped of their outer covering and the names of the makers had been removed—I found the boxes relating to this charge and the whole of the property reported to have been stolen from the trolley which was found close by—I found a quantity of ties body belts braces new petticoats and forty-two Christmas cards a special order made by Raphael Tuck—at the station the woman said she had bought the petticoat at Caledonian Cattle Market; she had bought four for 10s.—she said she was wearing two of them—two were found in the room—they form part of a dozen which had been stolen.
Cross-examined by William. I know you and your missus—from inquiries I have made I find that you sell jewellery in the streets—it was found that you had bought some table cloths at Milton Street sale room—the chenille which was found was not bought—I believe you have been ill for about two weeks—I was not told at your house that you had not been able to go out—I was told you had been queer for some time.
Cross-examined by Annie. You said you had bought four petticoats for 10s. in the cattle market; their value is 5s.—you said you were a dealer—you did not say you bought the ties.
By The COURT. She "did not say where she bought the ties and I did not ask her—at that time we had no charge against her for them.
BENJAMIN LEWIN . I am an assistant to Raphael Tuck and Company Limited publishers and large makers of Christmas cards—on October 26th a number of Christmas cards were taken to the carriers by our van to be dispatched to Great Yarmouth—they were given to our carman Harry Ford—these two cards (Produced) are specimens of some made by us for somebody in Great Yarmouth they are our own designs; and are copyrights and cannot be made by anybody else—they were taken by Ford to be delivered.
HARRY FORD . I am a driver to Messrs. Raphael Tuck and Company—on October 26th I received forty-seven parcels to take to Sutton's yard—I went to Foster's yard first—my packages were all right when I got there and as far as I know when I left—I then went to Sutton's in Golden Lane which is about two minutes' walk from Whitecross Street—I took my van into the yard with me—when I counted the parcels I had only forty-six instead of forty-seven—I have since ascertained that the parcel which had gone contained Christmas cards.
SAMUEL ALCOCK . I am a partner with Richard Allen of Richard Alien and Company clothing manufacturers of Basinghall Street—I sold some petticoats to be delivered at Brixton on November 24th—these (Produced) are a part of them—they were given among other things to George Moore our coachman; he had to deliver them at their destination.
Cross-examined by Annie. I did not say at the police court that I had only sufficient stuff to make one petticoat.
GEORGE MOORE . I was coachman to the last witness—on November 24th I had certain goods given to me to take to Brixton—these were part of them—I put them in the boot of the 'bus—I went to the back of the omnibus and when I returned I missed a parcel.
By The COURT. The petticoats were done up in a bundle and I could see the top one—this one looks like it.
RICHARD HOAR . I am traveller for Messrs. Alcock—I was with. Moore on November 24th when some goods had to be taken to Brixton—I was going with them—these petticoats (Produced) were among them—T put them into the "bus myself and two or three minutes afterwards I was told by the coachman that they were gone.
William Smoothy in his defence on oath said that he was a dealer and sold knives scissors combs and jewellery in the street: that he was taken id about a fortnight before December 3rd with bron hit is and violent cold and pains in his heart; that the doctor told him to keep in bed which he did; that the doctor came and saw him in bed and sent him medicine eight or nine times; that on December 3rd he had just got up for his wife to make the bed; that he knew nothing of the goods being in the house or how they came there; that he did not interfere with his wife's business and never asked her what she bought.
Annie Smoothy in her defence on oath said that she bought the ribbon outside the house on December 3rd of a man who looked like the police officer and said he was a traveller and asked if she would buy it which she did for 50s.; that he had the trouser stretcher in a box and said he would make her a present of that; that the petticoats she had bought in the Cattle Market for 10s. about a month ago and did not know they were stolen; that she bought the this also in the Cattle Market on the previous Friday with some Christmas cards and some buttons on cards; that the man who sold them to her was not the man who sold her the ribbon; that she gave the police his description and that he was called "Old Solly"
Evidence for the Defence.
—he was ill on December 3rd and had been ill for just over a fortnight—I had not been to see him—I do not know if he was in bed—my daughter went to see him—I did not go because I was not friends with his wife—ho has had bronchitis before.
WILLIAM SMOOTHY then PLEADED GUILTY to a conviction of felony at Clerkenwell on December 7th 1896. Three other convictions were proved against him. Five years' penal servitude. ANNIE— Twelve months hard labour.
NEW COURT.—Wednesday December 16th 1903.
Before Mr. Common Serjeant.
MR. PARTRIDGE Prosecuted.
EDWIN JAMES HOWELL . I am a barman for Guest and Company at the King's Head public house Westminster Bridge Road—on November 9th about 11 p.m. the prisoner came into the bar with another chap who called for drink and paid 2d.—then I served them with two penny packets of cigarettes for which the other man tendered this bad florin—I put it in the till and gave him 1s. 10d. change—there were no other florins in the till—they went out—when Purdie, the manager took the till we had a conversation—I saw him take out this florin and examine it—about 11.30 the men came into the bar again and I served the prisoner with a pony of bitter price Id.—he tendered this second florin—I took it to Purdie who examined it sent for a constable and spoke to me—the prisoner asked me for the change and Purdie said he would give the prisoner in charge—the other man called for a drink and walked out—the prisoner seemed sober.
Cross-examined by the prisoner. I saw you and the other man together—you drank together.
Re-examined. They left together and came in the second time together.
JOHN COURSE (Policeman.) I was present at the Westminster Police Court when the charge against the prisoner was gone into—I heard Walter Purdie the manager of the King's Head give his evidence and the Magistrate ask the prisoner if he wished to cross-examine him or ask him any question—I do not think he took advantage of it.
WALTER PURDIE'S deposition read. "I am manager to Henry Guest and Company at the King's Head public house 163 Westminster Bridge Road—I cleared the-till at 11 p.m. November 9th. About two minutes after I went to it again and found a bad florin in the till the only florin there. I called the last witness's attention to it. About half an hour after the barman brought the second 2s. piece to me. I examined it and found it bad. I then went to the bar where the prisoner and the other
man were standing. The other man walked out directly I showed the 2s. piece to the prisoner. I said to the prisoner "Do you know this is a bad 2s. piece you have tendered. He said. 'No.' I said. 'Well. I shall charge you with tendering it. He said. Well then you will have to prove that I knew it was bad.' A police officer was called in and the prisoner given into custody. Earlier in the evening I found another bad 2s. piece. They all bear the same date and seem to have come out of the same mould. The packet of cigarettes produced bears our firm's name. We only sell them over the counter."
WILLIAM HUGHES (225 L.) About 11.-45 on November 9th Mr. Purdie called me to the King's Head and said that the prisoner and another were uttering counterfeit coin—the prisoner said—he only changed a 2s. piece—I searched him and found 1s. in silver and 10d. in bronze and this packet of cigarettes with the name of Henry Guest on it—I took him to the station where lie was charged—lie said he did not know the florin was bad and that someone had given it to him earlier in the evening—he was a little the worse for drink.
The prisoner's statement before the Magistrate: "I did not know the coin was bad; I know nothing about the other party; I had had a drop of drink when he asked me to change this money; I was not aware it was bad.".
The prisoner received a good character.
Strongly recommended to mercy by the Jury on account of his youth. To enter into recognisances.
MR. PURCELL Prosecuted
THOMAS HENRY PORKY . I am a builder of Grove Road Brentford—about April 6th I met the prisoner at the King's Head Acton—I gave him an order for wine amounting to £1 16s.—he said he was travelling for the Combined Wine Growers and Distillers' Syndicate. Limited—on May 4th I gave him a second order to the amount of £3 3s. and on July 1st a third order to the amount of £2 (is. (id.—I received the three lots of wine from the syndicate—this is the first invoice—I sent a cheque three or four days after the first order for the £1 16s.—I met the prisoner on July 15th in Chiswick I wont with him to the Pack Horse and Talbot Hotel—in conversation I said I wished to give him a cheque for my account on behalf of the company—he said, "It does not matter"—I said "Oh yes. I like to pay for what I drink." and I gave him a cheque for the three amounts. £7 5s. 6d. forgetting that I had sent the cheque for the first amount—I asked him whether I should make the cheque payable to the company or to him—he said it did not matter; the cheque was on behalf of the firm and he would send a receipt on behalf of the firm—this is the crossed cheque payable to him—he said he would send it to the company
and the company would send me a receipt—three or four days afterwards I met him and asked him to give me a full receipt on behalf of the firm and ho gave me—this receipt on the printed form produced—I next received a letter from the syndicate who summoned me and I again paid the money—I met the prisoner and told him I had received a summons from his company—I said "I shall have to pay"—he said Well cannot I pay you Something?"—I said "No certainly not: you have summoned me into the County Court; I cannot accept it and I have put the matter into my solicitor's hands"—he said he had used the cheque as he was in want.
Cross-examined by the prisoner. I did not meet you first at the Feathers Hotel Ealing but at my brother-in-law's house at Ac ton—I said it was very good whit—I did not say the weather was too warm for champagne when you recommended me still Moselle—I was on my tricycle when I stopped you and asked you for my account—you did not offer a settlement at the Star and Garter at Kew—I refused to telephone to you because 1 had been summoned.
WALTER SQUIRES . I am landlord of the Crown and Anchor Chiswick—in July I was manager of the Pack Horse and Talbot Chiswick—I changed this cheque for £7 5s. 6d. for the prisoner who is a customer of mine—I paid it into my bank I believe on July 15th.
CHRISTOPHER WILLIAM SMITH . I am manager of the Chiswick branch of the London and South-Western Bank—this cheque for £7 5s. 6d. was paid in by Mr. Squires and honoured by the London and Provincial Bank.
EDWARD GREEN . I am employed by the Wine Growers' and Distillers' Syndicate 37 Mincing Lane—the prisoner has obtained orders for the firm—ho had no authority to receive payment—he did not pay £7 5s. 6d. into the firm's account—in consequence of the non-payment of £2 2s. and £3 3s. the amounts of the two last orders Mr. Dorey was sued by the company.
Cross-examined. We have paid your commission except something under 10s. on two small orders since July 15th when nothing was due—we always paid your commission on the Monday following the receipt of the order.
BENJAMIN ALLERTON (Detective T.) On November 30th at 12 Cormack Road Twickenham I served the prisoner with a summons—when I explained it he said "All right I shall be there"—he was committed for trial by Mr. Lane after evidence.
The prisoner in his defence said that he never wished to collect the company's money and never asked for it but-being pressed to accept it and being in want he used it intending to repay out of reasonable expectation of good commissions and offered to Mr. Dorey to repay by instalments; and also visited his solicitor for that purpose. He received a good character.
GUILTY . One month's imprisonment in the Second Division.
MR. JONES Prosecuted; MR. KIFFIN Defended.
ALFRED MABY (95 G.) I was in the neighbourhood of the New North Road on November 12th about 1.10 a.m.—I saw three men coming down Alma Street—they stopped the prosecutor—I saw him struggle with them—I heard him shout "Take your hands out of my pockets"—I saw Morris strike him with his right list in the face—the blow knocked him down—lie got up and ran away—I went across and asked the men what they were about—the prisoner said "We are all pals; there has been a bit of a row between us"—I asked him whether he was going away or what he was going to do—he replied "I shan't go away before I like"—I took him into custody and charged him with being drunk and disorderly and assaulting a man unknown—I took him to the station where he was charged—about 5.30 a.m. I received information in consequence of which I went to the hospital about 7 a.m.—I found the prosecutor lying in bed there unconscious—I went back to the station and informed the officer on duty of it.
Cross-examined. I was twenty to thirty yards off when I saw the men stop the prosecutor—the prisoner was drunk—the prosecutor was in liquor but could walk all right—there was an electric light opposite.
ARTHUR JAMES CAUSTON . I am a fitter of 209 Glyn Road Homerton—I was going home about 1 a.m. on November 12th when some men stopped me in the New North Road—the prisoner was one—one asked me for tobacco—then I received a blow in the face and fell—before I fell I felt somebody feeling down my pockets—I had had a drop of drink—I said loudly "Take your hands out of my pockets"—I do not remember any more till I found myself in the hospital the next morning and my watch and chain and 4s. in money gone from my back trousers pocket—I felt the men feeling down my coat first—I had this small jacket on but not this overcoat—at the hospital I found a scar on my nose one on my temple and one on my jaw—the next day I was taken to the station where I picked out the prisoner as the man who had asked me for tobacco and struck me.
Cross-examined. I am not in employment—when I am I earn £2 a week—I was called out then in the Militia for seven weeks and receiving 14s. a week—the watch was solid silver—I am single—I had been to see my sister who keeps a greengrocer's shop in Grenville Street Brunswick Square near the Foundling Hospital—I left her a little after ten—I had drink at several public houses—I draw my money every day—I had drawn it that day—I had half a crown and 2s.—I had ten or twelve drinks—I paid out of the money my sister gave me—at the police court I said the prisoner did not seem friendly with the other two men; I do not think he was.
WILLIAM AINGER M.R.C.S. I am house surgeon at the Metropolitan Hospital—I saw the prosecutor there about 2.45 a.m. on November 12th—I thought he was suffering from the effects of drink—I found him lying on a couch apparently unconscious; he smelt strongly of liquor—when I went to examine him he was obstreperous moving his head and swinging his arms about so that I found it quite impracticable to examine him
thoroughly but I found a cut on the left side of his head about an inch long—when I started to probe it he began to move his head but from a superficial examination I should say it went to the bone—there was also a clear cut on his nose about an inch long and a bruise on the right side of the jaw which was swollen and slightly discoloured—the wounds might have been caused by falling on the pavement—they were recently inflicted—there must have been considerable violence.
FRANCIS GILBERT (71 G.) I was in Alma Street and heard the shout and went towards it—I saw three men knock the prosecutor down—I crossed the road and claimed the prisoner—the prosecutor sat up and ran in the direction of Bridport Place—I assisted Maby to take the prisoner to the station.
Cross-examined. I was about 100 yards down the Alma Road—there was an electric lamp and gas light—I heard the prosecutor shout "Take your hands out of my pockets."
DANIEL LYNCH (91 G.) I was in Bridport Place and about 140 yards from Alma Street and New North Road—I found the prosecutor un-conscious—I took him to the police station—he was examined by the divisional surgeon who ordered his removal to the Metropolitan Hospital.
Cross-examined. I conveyed him to the police station on a barrow which I got from a mews close by—it took about half an hour and then we had to wait for the divisional surgeon.
The prisoner in his defence on oath said that he was returning home the worse for drink and was stopped by some men but had no recollection of seeing the prosecutor before.
GUILTY . He received a good character. Twelve months' hard labour.
He PLEADED GUILTY to the robbery but not to the violence.
MR. ARTHUR GILL Prosecuted; MR. KIFFIN Defended.
MARY MASTERS . I am a widow of 23 Bolingbroke Road West Kensington Park—I have collected rents for Mrs. Brown for six years—on November 16th I was in Nelson Street Stepney about 12.30 p.m.—it leads into Sidney Street and is parallel with the Commercial Road—I carry the money in this satchel with a strap across my shoulder—I came from No. 103 to go to 112—crossing the road I noticed the prisoner watching me at 13 Sidney Crescent when I was at 112—another man was with him but I did not see his face—I had hardly stepped off the pavement when I heard a signal between a cry and a whistle from where the prisoner was standing—I was immediately seized by the throat from behind—I tried to scream—I signalled to the prisoner with my left hand and thought he was coming to my help but he came in front of me and I felt his blow right in my face on my forehead—I fell and felt a pressure on my chest—I became unconscious—when I recovered consciousness I tried to get up but could not—my clothes were cut and torn and my hat was off—my arms dropped to my side I could not use them; I could not get up for
some time—I was shown my bag at the police station—there had been £23 in it but about £4 was missing—on November 23rd I again went to the police station and recognised the prisoner among several others—after the blow I could hardly speak and the next day could hardly swallow anything—Dr. Dobson is still attending me.
Cross-examined. Very few people were about—I do not remember seeing anyone with the prisoner but everything got very black in front of me—I am certain he is the man.
HARRY TOFFLER . I am a tailor of 31 Sidney Street—on November 16th I saw the prisoner and three or four men standing outside a shop lower down the street—as Mrs. Masters came from Nelson Street the prisoner and three or four men crossed the rood; as she put her foot on the step of a door the four men knocked her down—there was a rush of about eight men—when I saw her down I rushed to her assistance and one man struck at me but I turned my head and he missed and ran away—the prisoner and the others ran away—one had a lump of iron in his hand and hit me on the cheek—the prisoner took the prosecutrix's bag—they ran into John's Place—I ran and screamed "Stop thief!" till I could not run further—at Crossman's yard I saw a constable stop the prisoner with the bag of money.
Cross-examined. I mentioned the lump of iron at the police station in a statement to the police.
JAMES HAYGREEN (222 H.) I was in Rutland Street heard cries of "Stop thief" and stopped the prisoner at Crossman's yard seeing Toffler and others pursuing him—he had this bag in his right hand—at the station he said "If you had not been a faster runner than me I should have got away with it then I should have been all right."
LEONARD DOBSON M.D. I practise at 59 Addison Gardens Kensington—on November 16th Mrs. Masters called at my house about 6 p.m.—I found her in a fainting and collapsed condition and very ill—I sent her home at once and went to her house shortly afterwards—she had a contusion on the forehead between her eyes caused I think by a blow from the fist—the tissues all round the larynx were swollen she could hardly speak and could swallow with the greatest difficulty—she was suffering from extreme collapse there was hardly any pulse—I sent her to bed at once—the next day her condition was rather more serious the swelling of the throat continued and on that evening I had great doubts whether tracheotomy would not have been necessary and warned my partner to be present and the instruments ready—she could breathe and swallow with difficulty and her temperature was 102 or 103—we were able to avoid that necessity—by means of opium fomentations and stimulants we managed to relieve her from great congestion and the swelling in her throat gradually went down—in two weeks I allowed her to get up—she has had a very serious shock to her nervous system and is still very ill.
GUILTY .**† He then
PLEADED GUILTY to a conviction of felony at Clerkenwell in February 1902. Five years' penal servitude and twenty strokes with the cat.
THIRD COURT.—Wednesday December 16th 1903.
Before Lumley Smith Esq. K.C.
MR. W. CLARKE HALL Prosecuted.
WILLIAM CHRISTMAS . I live at 93 Hargrove Park Junction Road. N. and am manager to Mr. Sidney Blofeld meat salesman 14 Central Meat Market—on November 4th the prisoner who was a stranger to me came in and asked the price of meat—we arranged prices and he selected some meat—he said he had got 80 or 100 pigs at home and asked if we sold pork—I said "No unless any customer sent any and if so we did the best we could to sell it for them"—he selected meat value £19 10s. 2d.—he went to the paying-in desk—I did not hear what took place—he came back and told me he had paid a cheque in—I asked him if he had given references—he said "Yes it will be all found perfectly right; there is plenty of money to meet my cheques; and another thing you need not trouble about that as you will be having some pigs in the morning to sell"—he went away—some porters came for the meat and it was taken out and placed on a van—this is the cheque—it was paid into our bank and returned unpaid on November 6th on which day I saw the prisoner again in the market—he said he was very sorry the cheque did not go through—I asked him about the pigs—he said "Well I got home too late and that is the reason you did not get the pigs"—he asked me to wait till the following Monday and no doubt he could meet the cheque—it has never been met.
Cross-examined by the prisoner. You came and asked the price of meat I did not touch you on the shoulder and ask what you would buy—you told me about the pigs whilst your meat was being weighed not after you had been to the paying-in desk—I did not understand you to say that you usually attended Bury St. Edmunds and Ipswich Markets every week and would probably buy 60 or 80 pigs and would probably send some to sell—you said you had 80 to 100 at home—I went out of the shop and saw the meat in your van—I did not say at the police court that I saw the name on it—I said that a man came back to us and said the name was on the van "J. Mack"—I cannot swear whether it was a van or cart.
GEORGE CHRISTIE . I live at 23 Claremont Square N. and am a clerk to Mr. Blofeld—on November 4th the prisoner came to our shop—I booked the weight of the meat he selected—the value of it was £19 10s. 2d.—I asked him for the amount—he wrote a cheque and asked me to fill it in—it had "J. Mack "on it—a blot was made on it and I asked him to initial it which he did "J. M." I believe—I handed it to another clerk and asked the prisoner for a reference—he gave me two Dean and Hatton meat salesmen Central Meat Market and A. Wilson and Sons.
Cross-examined. You tore the cheque out of a book and gave it to me
—I wrote this on the counterfoil of the book you took the cheque from—when we have received the money for the meat the salesman is responsible for the delivery of it.
Re-examined. I do not remember whether I filled in the counterfoil before he tore the cheque out or after.
AARON RAWKINS . I live at 4 South Park Ilford and am a salesman to Mr. Blofield—on November 4th the prisoner came to the shop—just before he left I went to the cart standing outside and asked him for further references as we were not satisfied with those he had given—he said he was sorry he could not do so but we should find the cheque all right—I went back and spoke to Mr. Christmas and then asked the prisoner his address—he said "North Street and Ripple Road Barking"—the next day by instructions I went to North Street Barking and found a shop with no name on it—in the shop I saw a man and had a conversation with him—the next day I think it was I saw Mack at our shop and told him I believe the man whose name was Wagner had said the shop did not belong to the prisoner; it belonged to him Wagner—I saw some pieces of meat there which had come from our shop—the prisoner said the shop was his the meat was his and that the man was his foreman and he had discharged him.
Cross-examined. After I went to North Street Barking I went to 164 Ripple Road Barking and saw your wife in the shop—I made inquiries of her and said "Has not Mr. Mack got another shop in North Street?"—she said "Yes"—I can swear that I saw pieces of meat that came from our shop—I can not say that there was more meat there than came from our shop—you never told me that you were going to Bury Market—I believe you had a cart—I did not look for any name I saw you—I have only seen you in the market on two occasions the day you bought the meat and the following time you came up to see our governor—I believe you told our principal that if he would not pay the cheque in it would be met on the Monday—he did not say "If you would like to pay this money before 10 o'clock the matter will drop"—you made some offer but it was not accepted—I heard you say you had been disappointed of cash.
Re-examined. The prisoner's name was over the shop in Ripple Road—I told his wife I had come to make inquiries about the cheque being dishonoured—she said she was aware of that.
HARRY DOVASTON . I am a cashier at the London and South-Western Bank Barking branch—I produce a certified extract of the bank account of J. Mack. 164 Ripple Road—that shows that the account was opened on September 29th with £20; £10 was drawn out on October 2nd there were several payments amounting to £4115s. 6d. and various cheques to self and tradesmen amounting to £42 16s. (6d.—when this cheque was presented for payment there was 9s. standing to the credit of the account—I also produce an extract from the return book which shows cheques dis-honoured—that shows October 24th J. Mack £4 7s. 7d. marked "Refer to drawer"; October 31st £3 2s. 6d. marked "Not sufficient"; October 31st £14 marked "Not sufficient"; November 5th Blofeld the cheque in
question £19 10s. 2d. marked "Not sufficient"; November 9th £1 10s. marked "Not sufficient"—on November 5th there was an amount paid in which brought the credit up to £1 19s.; on October 31st it would be £1 9s.
Cross-examined. The cheque for £4 7s. 7d. was re-presented and met—the cheque for £19 10s. 2d. was not re-presented.
Re-examined. If the cheque had been re-presented on the 9th there would not have been enough to meet it—the account was overdrawn £4 through a mistake of mine.
EDMUND MORTON HILL . I live at 38 Gaisford Street Kentish Town and am employed by Messrs. Hockley and Twigg. Central Meat Market—on October 30th the prisoner purchased some meat from us value £13 14s. 5d.—he paid for it by cheque for £14 and drew 5s. 7d. change—the cheque was paid in to our bank the same day and returned on November 2nd unpaid—I then sent Mr. Herbert Taylor to Barking to make inquiries.
Cross-examined The first time I believe we did not ask you for any reference but you gave a reference in the market of a small amount—I have no recollection of your having had previous dealings with our firm—you told me you attended Bury and Ipswich Markets every week.
Re-examined. I have been eleven years in the firm's employment six at one branch and five at another—as far as I recollect I do not know the prisoner at all except for this transaction.
HERBERT TAYLOR . I am a clerk in the employment of Hockley and Twigg—on November 2nd I was sent down to make inquiries about the prisoner but did not see him—I saw him at his shop in Ripple Road on either the 3rd or 4th—I asked him about the £14 cheque given to our firm—he said he had had a deal in pigs and that the cheque had been returned and he could not pay—I went down to Barking twice.
Cross-examined. You told me you would call up the next morning and see our firm.
FREDERICK CHARLES HUDSON . I live at 21 Cleveland Park Avenue Walthamstow and am in the employment of Woodham and Boddy Central Meat Market—on October 30th we sold £5 2s. 6d. worth of meat to the prisoner which was paid for by cheque which was returned on November 2nd marked "N.S."—we wrote to the prisoner at 164 Ripple Road asking for the money but got no reply.
Cross-examined. I know you were served with a summons in the Mayor's Court on the 3rd—some arrangement was made with the solicitor—you have sent one lot of pigs to our firm to sell.
Re-examined. That was three weeks or a month before we took any cheque from the prisoner—there were five pigs.
TEMPLE COULTHURST . I am a clerk in the prosecutor's employment—on November 4th I went to the two references given by the prisoner Messrs. Dean and Hatton and Messrs. Wilson and Sons and made inquiries.
Cross-examined. I was present at the desk when you gave those references.
The prisoner's statement before the Magistrate. "I am not guilty and reserve my defence. I thought there were means in the bank to meet the cheque."
The prisoner in his defence on oath stated that on Monday November 2nd after closing his shop he and his wife counted up the cash in hand which was £43 in gold and £11 in silver: that his wife said she was going to pay the gold into the bank in the morning the £11 in silver being retained by him as he was going to Ipswich Market; that he did not return home till early on Wednesday morning; that he went to Hockley and Twigg's to purchase some meat and asked them to hold the cheque which had been returned over till the following Monday and he would pay it; that it was untrue that he told Christmas he had 80 to 100 pigs; that he gave the cheque in question thinking there would be money in the bank to meet it as his wife had arranged but which she had neglected to do; and that he was innocent of any fraud.
GUILTY . Three months' imprisonment in the Second Division.
MR. HURRELL Prosecuted; MR. AVORY K.C. and MR. BIRON Defended.
ALBERT WILLIAM TAIT . I live at 44 Brompton Square and am a waiter—I have known the prisoner seven years—she lives in the same house and is the tenant of it—on November 14th about 7.30 p.m. I was in the kitchen—I was not sober—there was a little difficulty about a dinner which was being served and I wanted to go out and buy some fresh cheese which caused a dispute with the prisoner—there was a bit of a squabble and I pushed her out of the way—after that someone knocked me on my back—I did not take much notice—I went and got the cheese and came back and finished the dinner—I had a little pain in my back not very much—that is all I know about it.
Cross-examined by MR. AVORY. The prisoner has lived there for the last five years and has been in the habit of letting out flats to a certain extent—at this time an officer in the Army was occupying the drawing-room floor and it was his dinner I was looking after—I have acted there as butler—the prisoner generally has her dinner in the dining room and the things were being got ready in the kitchen—there generally are knives on the kitchen table for cooking purposes—I had been out a good deal of the day on November 14th—I had had a good deal to drink—I wanted to go out to the grocer's but the prisoner said I was not to go and tried to prevent me—there was a struggle but I did not strike her—I pushed her—I may have said at the police court that I was not prepared to say that I had not struck her—I did not feel the pain in my back during the struggle—I had no trouble in getting out—I got more drink while out returned to the house and finished my work of waiting upon the gentle-man upstairs—I never complained that there was something the matter with my back—the prisoner might have called my attention to the fact: I did not take much notice—perhaps I was so drunk I do not remember—I am all right now and there was nothing the matter four days after—I do not know who has paid the doctor's bill; I have not—he came several
times to see me—I swear I have not been guilty of violence to her on previous occasions—I was about three years ago taken to the Walton Street Police Station by the police—the trouble arose over a com-plaint that I had thrown a boot at her—since the present affair happened I have said I was quite sure she never intended to hurt me and that what-ever happened was an accident in the scuffle—I never made a charge against her—the police came to the house and insisted on my going to the police Court.
Re-examined. I really do not know what occurred—in the kitchen.
By The COURT. I did not notice anything for fifteen or twenty minutes—I did not take a knife up nor put one into myself—there was no one else in the kitchen but the prisoner and myself.
HENRY HAYTER (Police Inspector B.) On November 16th I went to 44 Brompton Square with Sergeant Ferrett—I saw the prisoner—I said "We are police officers; I saw you last night; from information since obtained I shall charge you with wounding a man named Tait with intent to do him grievous bodily harm"—she said "Yes I did it; I hope he is dead; he has aggravated me for weeks"—I took possession of a jacket and the following day a blood-stained vest—the coat has a cut at the back and there is a corresponding mark in the waistcoat—I went down stairs and saw the prosecutor who was in bed in the basement front room—I took the prisoner to the station and charged her—she made no reply.
Cross-examined. The cut in the waistcoat is on the left side under the left arm—the man made no charge against the prisoner—I now know it was through Lieutenant Thompson that the police were communicated with—on the night in question the prisoner had been drinking and was in such an excited state that she might have said anything—on the follow-ing night when I saw her she was in a state of excitement.
ALBERT FERRETT (Police Sergeant B.) I went on the Monday with Hayter to 44 Brompton Square—I saw the prisoner there—she said "He has been the ruin of my life; he and his clique have lived on me for some time; I don't care what happens; I did give him a stick; he has assaulted me over and over again."
Cross-examined. She was in such an excited state that she might have said anything.
Re-examined. I do not say that she was too intoxicated to know what she was saying; she was very excited and might have said any-thing but I think she perfectly understood everything.
FREDERICK VIVIAN THOMPSON . I am a Lieutenant in the Royal Engineers and at present reside at 20 Neville Street—on the evening of November 5th I went to 44 Brompton Square and took the drawing room floor furnished from the prisoner—I remained till the 15th—on the evening of the 14th about 8.30 I was having my dinner and rang the bell to clear away—Tait who waited on me and had brought my dinner up did not appear but the prisoner came up instead and took my dinner things away—I asked where Tait was and she said he had hurt himself—I asked how and she said he had fallen down stairs and that his shirt was
covered in blood—she seemed very hysterical—I thought she was making a great fuss about nothing—she said she hoped he would not die—I said "You need not bother yourself"—I thought she was upset because the man had hurt himself—I asked where he was and was told he had gone out so I thought it was nothing serious—I said "If there is anything I can do I shall be willing to help"—presently he came in—I was called and went downstairs—I found him lying on his bed—he took oft his coat and shirt and I saw a wound on his back—he seemed very dazed; I do do not know whether it was through drink or the wound—the prisoner was drunk—she was sitting on the bed—the man abused her for bringing me down and asked me what she had said—then he said in effect that the woman had an ungovernable temper and had stuck him in the back with a knife—I went for a doctor who came and dressed and sewed up the wound—the prisoner fetched some hot water—the next day I communicated with the police.
Cross-examined. While Tait waited on me at my dinner I noticed nothing the matter with him—when the prisoner first spoke to me about him she seemed to be very anxious and asked me to go for a doctor and was very profuse in her thanks afterwards.
FREDERICK CHARLTON . I live at 44 Brompton Square and do house duties for the prisoner—on November 14th I was in the scullery about 7.30 or 8 and heard the prisoner say "Have I done it?"—I do not know what it was about and did not see anything—she then asked me to go and fetch a doctor—I went to do so but saw Tait coming along he had been on an errand and as there did not appear to be anything serious the matter with him I did not fetch a doctor—the prisoner I believe was rather the worse for drink—Tait did not appear as if he had had much.
Cross-examined. He was as well as he is to-day—I had been out with him on the Saturday but had not been drinking—when the prisoner told me to fetch a doctor I knew it was for Tait but I did not know what it was about.
DR. MOSES JOHN ROWLANDS . I live at 235 Knightsbridge—on November 14th between nine and ten I was called to 44 Brompton Square—I found Tait lying on a bed in the basement—I examined his back and found a wound—the prisoner was present—I asked him how it was done and he said it was no business of mine—I asked him if he was going to prosecute and he said "No"—I probed the wound and cleaned it as well as I could—the prisoner was undoubtedly very drunk—I was unable to get anything but a soup tureen to hold some hot water—the wound went downwards into the muscles of the back from the shoulder-blade—I put some stitches in and dressed it—I saw the cuts in the jacket and waistcoat—they correspond with the wound—it has healed very well indeed—the stitches were taken out on the fourth day and he is Quite cured.
Cross-examined. I think he was suffering from drink and thought he might have delirium tremens—he was so drunk that when I put the stitches in I did not need to use chloroform—I put them very deep and he would not have allowed it if he had not been so drunk.
The prisoner in her defence on oath stated that she had lived at 44 Brompton Square for about five years; that Tait had acted as butler to her; that on November 14th he was the worse for drink having been out nearly all day; that she objected to his going out spending her money and said he should not go out again and tried to stop him; that there were knives on the table; that he gave her a violent blow and there was a struggle but that she never struck him; that he had assaulted her previously; that when he came back he said there was something the matter with him; and that they were both drunk.
NOT GUILTY .
93. HARRY TOMKINS (25) and GEORGE HILLIARD Having been entrusted by Thomas Wright with 205 boxes of grapes for a certain purpose unlawfully and fraudulently converting the proceeds thereof to their own use.
MR. SYDENHAM JONES Prosecuted.
THOMAS WRIGHT . I am a greengrocer of 58a Kennington Road Lambeth—on October 23rd I had 200 odd boxes of grapes—I employed the prisoners to sell the grapes and return to me with the money—they took them away on barrows—they did not return—on the following Monday the barrows were brought back by three boys with no grapes on them—the grapes cost me £6 10s.
Cross-examined by Tomkins. The day before you went out with some grapes in a van and took 6s. 1 1/2d.—you came later on and offered me £4 but I could not accept it as the matter was then in the hands of the police.
JOHN COURSE (Detective Officer L.) I received information from the prosecutor about October 30th—I made inquiries and kept a look out for the prisoners—I arrested Tomkins on November 24th at 28 Northampton Place Walworth where he lives—I told him he would be charged with stealing 205 boxes of grapes—he said "Where is your warrant?"—I produced my warrant card and took him in custody—he said "All right"—on the way to the station he said "Hilliard is responsible; I meant to pay him; I had my half I know that; I will do all I can to make things right."
CHARLES KEYS (Detective Officer L.) I arrested Hilliard on Sunday December 13th at 9 p.m. at Rodney Road Police Station—he was detained there—I told him the charge—he said "Yes I got through part of my money and I was afraid to face the man; that's true"—when charged he made no reply—he was committed for trial last Monday morning.
The prisoners' statements before the Magistrate: Tomkins says "I am willing to pay the money my half. My wife is dying confined; I have a wife and four children." Hilliard says "I never stole the grapes; there is no witness here."
Hilliard in his defence on oath stated that he and Tomkins had the grapes; that on the first day they only took £1 5s. and that altogether they took £39s. 10d.; a large number of the grapes being damaged had to be thrown away; that he said to Tomkins "We look well; this ain't £6 10s. to take up; I cant face the man"; and that he always intended to pay the money for them.
GUILTY. Strongly recommended to mercy by the Jury. They received good characters and on December 17th they were brought up for sentence when it was stated that restitution had been made to the amount of £5. Four days' imprisonment each.
OLD COURT—Thursday December 17th, 1903.
Before Mr. Justice Darling.
94. ANTHONY STANLEY ROWE (38) PLEADED GUILTY to obtaining from Lionel George Robinson two cheques for the payment of £14 500 and £250 by virtue of a forged transfer for 5 000 shares in the Great Fingal Consolidated Limited well knowing the same to be forged; also to while being the Secretary to the Great Fingal Consolidated Limited fraudulently taking to his own use and benefit three dividend warrants for the payment of £3 125 £4 606 3s. 8d. and £2 022 14s. 1d. the property of the said company; also to obtaining by false pretences from Lionel George Robinson £14 500 and £250 with intent to defraud. It was stated that he had been convicted at this Court on December 16th 1885. (See Vol. CIII., page 107). Ten years' penal servitude.
MR. J. P. GRAIN for the prosecution offered no evidence.
NOT GUILTY .
MR. MATHEWS and MR. LEESE Prosecuted; MR. DWYER Defended.
KENNETH GRAHAM . I am the secretary to the Bank of England—on November 24th I went to the waiting room of the Bank about 11 a.m.—I saw the prisoner there—I had never seen him before—I said "Mr. Robinson "in a tone of interrogation—he said "Can I see Sir Augustus Prevost?"—he is the late governor—I said "No"—he said "Can I see Mr. Morley the deputy governor?" he is now really governor—I said "Mr. Morley has not arrived at the Bank; will you tell me what your business is?"—he said "I suppose you are in charge"—I said "Yes"—he then rose to his feet—he was seated when I entered the room—he handed me this roll of paper (Produced) and said, "If you read that you will see what my business is"—I said, "I have no time to read petitions or unfastened rolls"—I was standing in the doorway holding the door in my hand—the roll was tied up with a bit of black ribbon at one end and a bit of white at the other—when it was afterwards opened it was found to contain nothing except the words "All of them served"—I did not open it at that time; I handed it back to him—I have written things myself but not petitions—he said "I will read it myself"—he put it on the table and then sprang sideways the whole length of the table and putting his hand into his breast pocket drew out a revolver—when I saw that I retired through the doorway—the last time I saw the revolver
it was pointing in my direction—I closed the door and as I ran into the passage I heard two shots and I heard two more as I went into the lobby—I sent for the police and then recollecting that there were two other approaches to the corridor where the prisoner was standing I ran round to make them fast—the police arrived and talked to the prisoner through the door and tried to get him to be reasonable—I took them to the other door and then they talked to him in the room—the hose was then brought up and the prisoner was secured—I afterwards saw two holes in the ceiling—the visible ceiling is a false one made of plaster; one bullet had stuck in the wood work of the real ceiling and the other had fallen back into the false ceiling—this (Produced) is part of the wood work and this the revolver—the piece of wood has a bullet sticking in it now.
GEORGE TOMBIE . I am head waiter at the Bank parlour at the Bank of England—after Mr. Graham had gone into the waiting room I was in the passage—I heard talking in the room—I heard a shot and saw Mr. Graham leave the room and whilst he was coming to the door between the passage and the hall two more shots were fired inside the room—I went round through another part of the Bank to a lobby and stood where I could see along the passage—I saw the prisoner come out of the waiting room and try to open the door of the passage which had been fastened—he called out "Come on you cowards you curs"—he had a revolver in his right hand then—I think the police were then on the other side of the door—the prisoner turned round and saw me—he instantly levelled the revolver—I sprang back and heard a report—I then went through the lobby to the Bank parlour; before doing so I saw the prisoner coming down the passage in my direction—he came from the lobby into the library—I crept into the lobby and up to the door of the library and closed it on him after he had gone in—as I was in the act of closing it he turned round—he had the revolver in his hand then—I closed the door quickly; I called for help and remained outside until the police entered and the prisoner was secured.
SAMUEL BACON (City Police Inspector.) On November 24th I was on duty at the Bank—about 11 a.m. I was sent for to the Bank parlour—I went to the door leading into the lobby which was being held by several Bank officials—I opened it and saw the prisoner standing about eight yards from the door—I told him to put down the revolver which he was resting on his left arm—he was shouting "Come on you curs; come on you cowards"—I could not persuade him to put it down so I went to another door which Tombie was holding—it was locked on the inside—I called upon the prisoner to open it—he said "I will but don't you come in or I will shoot you"—I opened the door and saw the revolver pointed at me—I clutched hold of the prisoner by his arm; he swung himself round and jumped out of my grasp; he yelled and ran from the door to the middle of the room—he said "If you move I will shoot you; send me that tall man; I want that tall man" (Mr. Graham)—I asked him to put the revolver down and I would speak to him but he kept on shouting "I want that tall man"—he then gradually walked backwards to the fireplace keeping the revolver on his arm—the room is a long one—he
sat down in a chair—after a time I persuaded him to put the revolver down for a minute on the mantelpiece but he still kept on shouting "I want that tail man"—I made a move as if to go towards him—he jumped up got hold of the revolver and put it across his arm and said "If you move I will shoot you"—I was waiting for the hose to arrive; it came and the first stroke caught him full in the face—he was so dumfounded that he stooped down—he recovered himself just as Detective Digby and I rushed into the room—the prisoner jumped into the air and threw the revolver with all his might—it just missed me and went through the glass of the library bookcase—I picked it up and rushed at him—as I was doing so he picked up a heavy chair—he lifted it above his head and rushed at two other officers and attempted to deal them a terrific blow—it slightly caught one of the officers on the hand but it practically missed him and caught the edge of the table and broke a piece off—we then secured him—by that time we were nearly drowned by the water from the hose—I examined the revolver and found five empty cartridge cases in it where the cap had been exploded and one where the cap had not been exploded—that one is filled with candle grease and a little bit of gold on top of it—the powder is still there and it could be fired—it is a six chambered revolver—I went to 80 Westbourne Street Sloane Square where the prisoner lived—I found this box then—there were originally fifty cartridges in it—I found forty-five in it and there were five cartridge cases and four bullets which had been extracted—they had been apparently worked out—I do not know if any of them had been sealed with gold; the prisoner made a statement which rather led us to believe they were—we found at his lodgings some papers and documents showing that he had been in the '2nd Canadian Rifles—I also found some letters of character which was given as good and a book containing a statement about property—when he was at the station he was rambling about several things—I said "Supposing that black ribbon had been taken off that petition first what would have happened?"—he said, "He would have had to look out for himself"—I said "Suppose the white had been taken off first"—he smiled and said "Oh then he would have been all right."
Cross-examined. It is a large-sized ordinary military revolver—it was purchased about two years ago at a pawnbroker's in the Commercial Road; it is a type which was largely used in the late war; it kills at 200 yards—I did not find any bullets on the prisoner when he was arrested or anything pointing to his belonging to any society or anything of the Kind—he appears to have acted perfectly independently as far as I can find.
HUGH GRIFFITH . L.R.C.P. and L.R.C.S. Edinburgh. I was at the Cloak lane Police Station on November 21th—I examined the prisoner—111 my opinion he was then so insane as not to be responsible for his Actions—if he had suffered in a hot country on two or three occasions from malarial fever that might affect his mind—hardship in a cold country like Klondyke and then in a hot country like South Africa would be likely to affect his mind as also would the dangers of the late war.
WILLIAM DEWEY BUNCOMBE . M.R.C.S. L.R.C.P. London. On November 24th the prisoner was brought to me by the police—he remained under my observation until December lst when he was taken to the Mansion House—from November 24th to December 1st he was insane.
Cross-examined. I entirely agree with Dr. Griffith's evidence.
JAMES SCOTT . I am the medical officer at Brixton Prison—I have had the prisoner under my observation there since December 2nd—at that time in my opinion he was of unsound mind and has so remained until to-day—I am of opinion that that unsoundness had existed at least from November 24th.
Cross-examined. I have seen certain letters purporting to come from him to hit family; several attacks of malaria are mentioned in them—if the statements are true the malaria and fever would affect his mind as well as the hardships he has undergone—I think he will recover but it will take some time.
GUILTY but insane at the time and not responsible for his actions. To be detained during His Majesty's pleasure.
MR. NOLAN prosecuted.
JAMES DUNWORTH . I am a sanitary inspector to the City of London—on December 3rd about 12.45 I was pasting 123 Middlesex Street; I heard a scream; I looked round and saw the prisoner in the doorway with his lift arm round a woman; his right arm was slightly raised and I saw something bright in it—I saw his arm descend—I immediately rushed at him caught him by the back of his neck and threw him into the street—I then saw this shoemaker's knife (Produced) in his hand—I cannot Say how he was holding it when I first saw him—I held him until the arrival of a constable—the woman had received a wound on her left cheek.
Cross-examined by the prisoner. I saw your arm descend—I cannot say if you struck the woman or not.
ROSE KEMP . I am the prisoner's wife and up to a month ago lived with him at St. Stephen's Road Bow—I left him about a fortnight before December 3rd because he would not do any work and was leading me a cruel life—we have been married twenty-live years and have had thirteen children; eight are living; the youngest is now three—I did not have any words with the prisoner when I left him—I went to some friends—I go out to work—I saw the prisoner once or twice after I left him and before December 3rd—he came up and abused me; he asked for money—I asked him what I was to do with the children and he struck me—on December 3rd I was at 123 Middlesex Street; he came and asked me what I was going to do about the children—I said I would do my best if he would do his and if he would take one child I would take the other—I said "You have had money and spent it"—he took a knife from his pocket and if it had not been for Inspector Dunworth I should
have been killed—I pushed the prisoner's arm up and screamed and he cut my face with the knife; the mark is on my cheek now.
Cross-examined. You did not ask me to advance you money to save the brokers coming in.
ROSE BROOKS . I am the married daughter of the last witness and the prisoner and live at 35 Palm Street—on December 3rd between nine and ten o'clock the prisoner came to my house and asked me for some money—I said I had not got any but I would try and get it for him—he said he wanted it to save the little ones being turned into the street—he asked me where my mother was—I said I did not know—he said he would take her head clean off her body and he has said so before—he is a bootmaker and uses this knife in his trade (Produced)—he has told many of us what he intended to do with mother.
HENRY WOODING . I am a shoemaker—the prisoner lives at my house—on November 30th he came in; he was sober—he said "She is the one I want and I mean to have her"—he told me that he meant his wife whom he was living apart from—I told his wife she had better keep out of his way—he said he could not keep his children.
LEWIS ROBINSON (903 City.) On December 3rd about 12.45 I was fetched to 123 Middlesex Street—I found the prisoner in Dunworth's custody—I saw the prosecutrix bleeding from her left cheek—I saw a knife—I asked the prisoner why he had done it—he said "For the sake of the children."
Cross-examined. I did not see any blood on the knife.
The prisoner in his defence said that he went to his wife to ask her for some money to save the children from being turned into the street; that she refused to assist him: that she was carrying on with another man but said that when she got settled down she would take the child Arthur; that he did not remember anything after that as his memory became a failure; that he had no intention of murdering her; that he did not know if he was the cause of the wound on her face because his mind was so agitated he did not know what he was doing; and that he had the knife in his pocket because he was going to use it for his dinner.
HENRY WOODING (Re-examined.) I have known the prisoner and his wife for about four years—we live in the same house—she is a sober hard-working woman and has always looked after her children—I have never known her to be unfaithful to her husband—I warned her of what was going to happen because of what the prisoner had said to me—he could have got work if he had liked.
Cross-examined. I have done all I could for you and given you work—you could have got work besides mine the same as other men do.
GUILTY on the second count. Five years' penal servitude.
THIRD COURT.—Thursday December 17th 1903.
Before Mr. Common Serjeant.
MR. CHARLES MATHEWS and MR. STEPHENSON Prosecuted; MR. W. B. CAMPBELL Defended.
HARRY WICK (211 G.) On October 26th I served a copy of this summons upon the prisoner charging him with selling milk adulterated with 20 per cent of added water; I also served upon him this certificate of adulteration.
Cross-examined by MR. CAMPBELL. These are the original summonses; copies were served.
ARTHUR CECIL MORRISON . I am second clerk at Worship Street Police Court—the proceedings under the summons were on November 12th and 13th then there being remands the hearing was on November 20th when the prisoner gave evidence on oath on his own behalf—I took a note of it—he was represented by Mr. Robinson solicitor—towards the end of the examination-in-chief he said "Not to my recollection did I serve any chance customer that afternoon;" that was October 13th—"I did not see the assistant that afternoon"—the assistant Mrs. Quinlan was in Court during most of the hearing—the prisoner further said "The following Friday I saw the inspector in Mansford Street; he stopped opposite my barrow and wrote something in a book; I swear I never saw Mr. Weeks that day until the evening; it is not true I leant over the barrow while he divided the sample"—he was cross-examined by Mr. Margetts solicitor for the Bethnal Green Borough Council and said "I did not supply chance customers that day; it does not often happen in our neighbour-hood; I swear I did not see Mrs. Quinlan that afternoon or serve her; I swear I did not see Mr. Weeks that afternoon before the evening; I swear there is no truth in the statement that he called on me to stop"—the prisoner was convicted and fined.
Cross-examined. He was charged under the Food and Drugs Act and the punishment is summary by a fine of £20—he was fined £20 and £5 5s. costs—the notes we take are a complete record of what is said—we use abbreviations—I take down the words as carefully as if the prisoner were going to be committed for trial—he speaks English with a slight Welsh accent—he is perhaps not a man of the highest intelligence as a witness—he was pressed very hard in cross-examination and was got to say "I swear positively I did not see Alice Quinlan that day"—the first thing he said was "Not to the best of my recollection did I serve any chance customers that day"—then in cross-examination he was asked "Will you swear you did not see any chance customer in Kay Street that day?"—when a cross-examining counsel asks "Do you swear you did not serve any chance customers in Kay Street that day?" and the witness' answer is "Yes "I put down "I swear that I did not serve any chance customers in Kay Street that day"—they are not the actual living words that come out of the prisoner's mouth—I do my best to take down the effect of question and answer.
Re-examined. In examination in chief he said "I swear I never saw Mr. Weeks that day until the evening"—it was not noticeable that he had any difficulty in speaking English.
ALICE QUINLAN . I am married—on October 13th I was assisting Mr. Weeks the inspector in his duties—I was with him in Kay Street Bethnal Green that afternoon and saw the prisoner there pushing a milk barrow
about three o'clock—the inspector said something to me and I went up to the prisoner and said, "I want a ha'porth of milk please"—he gave me the milk but said nothing—I paid him for it—then the inspector came up and told him who he was—I cannot say exactly what he said but he told him he was going to divide the milk—the prisoner turned round and said "It is milk and water milk and water"—the inspector then asked me what I had asked for and I said "A ha'porth of milk"—the prisoner started to walk on but the inspector said "Wait a moment"—the inspector then went into a gateway and opening his bag took out some bottles and divided the milk—the prisoner did not wait but went on—I saw the name of "E. Davies "on the barrow and also some smaller letters but I do not know what they were—on the barrow underneath the handle was "Pure milk"—we both tried to find the prisoner but could not—I afterwards gave evidence on the hearing of the summons against him for selling adulterated milk—I was in Court when he gave evidence—I was pointed out to him when the word "assistant" was used—I have no doubt the prisoner is the man I bought the milk of.
Cross-examined. I bought the milk on October 13th; I gave evidence on the summons I think on November 12th—I do not think I had seen the prisoner before October 13th—it is probable he did not know me before October 13th—I am paid for my services to the inspector—he asked me to assist him—his wife and I are friends—I have been doing the work for about five months now—on the day in question we took eight samples—when buying the articles I behave in the same way as I do when doing my own errands—the inspector was a little distance off when I made the purchase—I bought a sample from another milkman in the Hackney Road at a shop but I did not notice the name—I have since learnt that the name was Davies—the inspector divided the milk up into three portions in the shop—he took no other sample of milk in the street that day—the samples were all at shops—I know that as soon as the purchase is made by the assistant the inspector has to come upon the scene at once and say who he is and what he is going to do—I say that the inspector called upon the prisoner to stop loud enough to be heard—I should not call it a shout—I did not notice that the prisoner made so much noise in pushing his barrow that he could not hear—Mr. Weeks did not tell me a complaint about him had been made to the Mayor of Bethnal Green.
JAMES GEORGE WEEKS . I am a sanitary officer to the Bethnal Green Borough Council—it is part of my duty to take samples of various articles of food under the Food and Drugs Act—the usual practice as to taking samples is someone is got to purchase it for you and when the purchase is completed the inspector appears on the scene and tells the vendor why the purchase is made; then you proceed to divide it into three parts; you seal and mark each part and give the vendor one take one to the public analyst and the third you retain for future comparison—I have known the prisoner nine months—he is a milkman and has a shop at 96 Goldsmith's Row Hackney Road E.—his address used to be 17 Goldsmith's Row—on Tuesday October 13th I was in Kay Street Bethnal Green with Mrs. Quinlan my agent about three o'clock—I saw
the prisoner turn from Hackney Road into Kay Street with a milk barrow—I gave Mrs. Quinlan some instructions—she went up to the prisoner and purchased some milk—I saw a coin pass between them—I was about thirty yards away—I came into the street as quickly as possible from the Hackney Road and took the milk from her—I said to the prisoner "I am an inspector appointed under the Sale of Food and Drugs Act for the Borough of Bethnal Green and have purchased this milk for the purpose of analysis by the public analyst"—he replied "It is milk and water milk and water"—I turned to Mrs. Quinlan and said "Were you told this?"—she said "No"—I went into the gateway of 9 Kay Street and divided the milk into three parts—the prisoner stopped for a moment looking over the railings and then moved away with his barrow—when he had got a little way I called out "I want you a minute"—he replied "All right "but still went on—during this time I was taking the bottles from my bag and dividing the milk up—he stopped and knocked at two doors—I then continued with the samples marking then and then I saw the prisoner turn into Shoreditch—I went after him but did not catch him—I noticed the name of "E. Davies "on the barrow and "17 Goldsmith's Row"—there was some other writing but I could not see what it was I had not sufficient time but at the end on a board was "Pure Milk"—after this I obtained other samples from other people and returned to the Town Hall where I reported the circum-stance to the chief inspector—he advised me to take the third portion to the prisoner's house which I did about 5.15 on the same day—the prisoner came from a back room—I said "I've come"—the prisoner interrupted me and said "I know nothing of it; take it away" I then said "I've brought the third portion of the sample taken from you this afternoon"—I said it was in Kay Street—I placed it on the counter—he picked the bottle up—I turned and left the shop with my witness—he followed us and said "I shall throw it into the street" but returned to his shop with the bottle in his hand—I got a certificate from the analyst and that was served on the prisoner—I reported the result of the certificate to my Council—on October 24th I obtained a summons at Worship Street Police Court returnable on November 12th—it went on to the nest day and the prisoner gave evidence on the 20th—it is not true that I said to the prisoner "I'll have you for refusing to sell; if I don't have you in that way I'll have you in another."
Cross-examined. I had a little incident with the prisoner six weeks before this October 13th—my agent went to him and asked for a sample of milk when the prisoner safeguarded himself by saying "It is either milk and water or deficient in cream "; that made it impossible for us to proceed against him—I did not say to him anything like "You are too sharp for me but I'll have you one way if not another"—I stood in a doorway on October 13th when my assistant bought the sample—I did not stay there too long; it would have been fatal if I had—I have never in all my experience been late in declaring myself to be an inspector—I have never had a case dismissed by the Magistrate on that ground—I had not to shout to the man to stop the first time but I did when I
was dividing the sample—it is wrong to suggest that I did not divide the sample in his presence—when I went to his shop he was apparently angry at seeing me and said "Take it away; I know nothing of it"—at the end of the week of October 13th I went to Kay Street and saw two women about it who are witnesses for the prosecution—I did not tell them what I had come about till I had heard what they had to say—one said she saw a woman purchase some milk and saw a man come down with a bag and go in the gateway and I said "What did he do?"—she said "He took some bottles."
Re-examined. They told me that Davies was the milkman of whom the woman purchased the milk.
MARY ANN BOUTTELL . I am married and live at 10 Kay Street—Mrs. Hills also lives there and Mrs. Collier opposite—on Tuesday October 13th I was standing against my door with Mrs. Hills about 3 p.m.—I saw Mrs. Quinlan in the street and the prisoner with his milk barrow—I have known him seven or eight years—I saw her purchase some milk of the prisoner; then Mr. Weeks came up took the jug from her and stood in the gateway of No. 9 which is opposite—she was about 18 yards from me I could not hear what was said—Mr. Weeks opened his bag took out some bottles and poured the milk into them—the prisoner was leaning over the gate and looking on; he then walked away down the street with his barrow—Inspector Weeks called after him but he would not stop—he stopped at two doors—I have never seen anybody take a sample of milk before—I was first spoken to by Mr. Weeks on Saturday the 17th.
Cross-examined. My husband is a labourer—I can read but very little and did not sign my name to my deposition—some acrobats with an organ brought me out to my door about half an hour before Mr. Weeks came on the scene—Mr. Weeks did not shout out after the prisoner loud enough for me to hear what it was—he called out something—I do not know that Kay Street is a roughly paved street or that the prisoner was making a noise with his barrow.
Re-examined. It is covered with flints smoothed over.
SARAH HILLS . I live at 10 Kay Street—on Tuesday October 13th about 3 p.m. I was at the street door with Mrs. Bouttell—I saw the prisoner; Mrs. Quinlan purchased milk of him—I saw Mr. Weeks come down and take the milk from her—I saw him in the gateway opposite open his bag take some bottles out and pour the milk into them—the prisoner was outside—he then moved off—I did not hear anything—I have never seen a sample taken before.
Cross-examined. I saw some acrobats in the street two or three minutes before the inspector came—I had known the prisoner about seven months—he often passes down Kay Street with his barrow—I heard the inspector shout after him but I do not know what he said; it is quite possible the prisoner did not hear him—I think a barrow with milk cans would make a rattling noise in the street.
Re-examined. I am a little deaf.
18th I saw the prisoner in Kay Street between 2.55 and 3.5 p.m.—he was selling milk—I was looking out of the window—I saw him deliver some milk at the house opposite and he came across and served another lady—I saw Mrs. Quinlan buy some from him in the street—Mr. Weeks then came down the street took the jug from her and said something to the prisoner but I could not hear what—he then went in at the gate of No. 9 opened his bag took out two or three bottles and put the milk in them—the prisoner looked over the gate to see what ho was doing and then went up the street—Mr. Weeks said something to him but I do not know what—I saw Mrs. Hill and Mrs. Bouttell standing at their door opposite.
Cross-examined. Mrs. Double is my landlady at 9 Kay Street—I was on perfectly friendly terms with her on October 13th—I had never spoken to Mrs. Hill or Mrs. Bouttell before—I spoke to them about it when I was called at the police court—I did not say anything to my landlady about it; I did not think it was necessary.
WILLIAM ROWSELL . I am sanitary inspector to the Bethnal Green Borough Council—on October 13th in the evening I went with Mr. Weeks to the prisoner's premises. 96 Goldsmith's Row—we went into the shop—he came in and Mr. Weeks told him he had come with the third portion of the milk he had taken from him that afternoon and he put it on the counter—he said "I know nothing of it; take it away; I shall throw it in the street"—he then followed us into the street.
Cross-examined. I was not the inspector on the previous occasion when a sample was taken from the prisoner—I believe he knows me as an inspecttor—when we entered his shop he would know who I was—he was angry and excited.
Cross-examined. Anybody walking down Kay Street to Goldsmith's Row would only have to turn the corner to get to the prisoner's shop—Kay Street is about 330 yards long.
Evidence for the Defence.
DR. JOHN EVANS . I have known the prisoner ever since my boyhood—he lived for about fifteen years in Wales before he came to London—he bears the character of a very respectable citizen—I have been told he is a dairyman in a small way of business.
Cross-examined by MR. MATHEWS. I do not know that he has been convicted and fined upon January 13th 1899 for selling adulterated butter; it may be so—I do not know of his having been convicted and fined on March 13th 1903 of selling adulterated milk—I have not met him this year—my acquaintance with him dates back some years and of late has not been of a very close character—I heard a few days ago of the last conviction.
Re-examined. I knew he was a retail trader.
—I have known the prisoner from boyhood—he has borne a very good character.
Cross-examined. I mean a very good character as a man—he is also a straightforward man as a trader—I know that his business has been carried on in his wife's name—I did not know that that was owing to his failure—I did not know that ho was convicted in January 1897 of selling adulterated milk but I did know that some years ago he was convicted of it—I knew he was convicted in March 1903 of selling adulterated milk—that would not make any difference in my opinion of him as being a highly conscientious trader as he is only a small dealer and does not have a direct supply.
Re-examined. I heard that he pleaded guilty in 1903 to selling adulterated milk—I have never heard of his committing perjury to resist such an action.
THOMAS PENFOLD . I am a butcher at 100 Goldsmith's Row Hackney Road of twenty-seven years' standing—I know the prisoner personally and always as a thoroughly respectable man—the convictions against him I did not know about or else I should not have come here—I have been a customer of his and the goods he has supplied to me have been as I thought of a proper standard.
By The COURT. I have never heard anything against his character till to-day.
REV. WILLIAM DAVIES . I serve a church in Hornsey Road—I have known the prisoner four or five years—he has always enjoyed a very high reputation as a man of the highest integrity and of excellent and moral conduct.
Cross-examined. I had not heard of these convictions till to-day—the milk conviction would not alter my opinion very much because I find that the most respectable tradesmen in London are fined for the same thing because a man on receiving milk cannot be certain as to its character—my opinion would be affected if it were proved that he tampered with the milk himself.
Re-examined. I should like to know the circumstances of the case before I altered my opinion of his general integrity or character.
NOT GUILTY .
NEW COURT—Thursday December 17th; and
OLD COURT Friday Saturday and Monday December 18th, 19th and 21st 1903.
Before Mr. Recorder.
(The prisoner stated that he was GUILTY of an attempt to steal.)
MR. ARTHUR GILL Prosecuted.
HARRY WRIGHT . I am a joiner of 37 St. Paul's Road Kennington Park—on November 20th I was employed on the doors of Williams Deacons' Bank at Mincing Lane at 2.30—I saw the prisoner come into the bank—he looked through the glass door and when the cashier passed through he went down the steps and came up again through the door and round to the pass book department; he came round again took a piece of paper and gave it to the cashier and as he turned to speak to another cashier he put this stick through the bars and pulled this packet of notes forward placed them in his coat pocket and made towards the door—as he put his hand on the door handle I came out of the little box I was fixing up for the commissionaire; he knocked my arm down and banged my head against the door—I called for help and the commissionaire came and took him to the waiting room—the police were called in and he was taken into custody.
Cross-examined by the prisoner. Several people were in the bank—I have no doubt that you asked for change for a £5 note—as the cashier turned his back you walked towards other cashiers—I remember a pocket book being found on the counter—I caught hold of you by your arms and held you down below the counter—I did not see you throw the packet over the counter—I did not see your wallet found—I heard it was found on the counter—I went into the waiting room a few minutes after you.
Re-examined. The door the prisoner had his hand on the handle of is six or seven feet from the counter.
ALEXANDER SEPTIMUS HOLDING . I am a cashier at Williams Deacons' Bank—the prisoner came there on November 20th handed me a £5 note and asked me to cash it for him—I said "Are you a customer?"—he said "Yes"—he gave the name of G. Martin—we had no customer of that name—as I went to look for the name I heard a scuffle—packets were on the counter containing bank notes—I was at the counter working—this packet contained £85 in notes and £1 in gold—it was handed me by Izard another clerk—I saw the prisoner in custody.
FRANCIS WILLIAM IZARD . I am a ledger clerk at Williams Deacons' Bank—on November 20th I heard a disturbance—I went round to the entrance and saw the prisoner held by Wright—I saw a packet on the floor on the public side about mid way between the door and the counter—I kicked it up and handed it to the cashier—it was sealed up and contained a remittance from a customer.
LEWIS HASLER (City Police Sergeant.) I was called to Williams Deacons' Bank on November 20th where I found Wright holding the prisoner—Wright told me what had occurred—I told the prisoner I should take him into custody and that he would be charged with stealing the notes—he made no reply—he was taken to the station and the charge read over—he made no reply—I searched him and found 1s. 10d. in cash two cheques on the Birkbeck Bank in the name of George Belper and some credit slips and counterfoils.
The prisoner in his defence said that he went into the bank to change a £5
note with the intention of backing a horse but being short of money he was tempted and tried to steal the packet but was under the impression that he knocked it on the other side of the counter and that it was his own pocket book he tried to put in his pocket but that he never had the notes in his hand.
He then PLEADED GUILTY ** to a conviction of felony on September 24th, 1900 at Marylebone Police Court. Eighteen months' hard labour.
MR. ABEL THOMAS K.C. M.P. and MR. BIRON Prosecuted; MR. MUIR and MR. MURPHY Defended.
WILLIAM JOHN BENNETT . I am managing clerk to the Acme Wood Flooring Company Limited—I live at Victoria Park Road Hackney—I have been in the company's employ about seven years—Bint came into that employment about August 1902 and remained till these proceedings—he was travelling foreman—his duties were to visit the different jobs to estimate to measure up work to see that the right number of men were on the work and the wages agreed upon and to act as a check on the men working in the business—there was absolutely no other check—it was his duty to report the number of men employed which is an important factor—his wages were £3 a week and all out of pocket expenses including hotel and railway fares—Italians and English are employed—that matter was frequently discussed between me and the prisoner who contended that it was preferable to employ Italians as they were industrious brought out better work and were more to be depended on and the decision was practically left to him—in some cases the work was paid for by piece work and in some by the hour—a local or working foreman who is under the prisoner looks after the job in each place where the work is—we appoint him—the prisoner is consulted and his advice taken—the working foreman at the end of each week makes out the wages sheet which shows the number of hours the men work the number of men employed and the price per hour—these are sent to the head office on the Thursday of each week and the money is sent down to the foreman of the job in a registered letter in bank notes and postal orders—the foreman is very often appointed by the prisoner—we never appoint a foreman without consulting the prisoner—in consequence of discoveries made in October an Italian foreman named Cairo was prosecuted at Sheffield at the police court on October 21st and was committed for trial at the Sessions on October 24th for attempt-ing to obtain money by false pretences—I saw Bint at Sheffield and in consequence of a conversation with him inquiries were made which resulted in the institution of these proceedings against Bint—I know Bint's writing—the signatures to these receipts for five fares "A. H. Bint "are his; also the calculations in figures on the back of this letter the hours of work in the statements the signatures to the wages sheets this address "Mr. A. Bint 21 Burnley Road Stockwell Road. London" and the receipts for registered letters dated July 18th and August 10th.
Cross-examined. By talking to the directors I knew that the prisoner had had a good character—I knew he had been employed by the London School Board for six years and a half; by Johnson Brothers architects in Carlisle for twelve months and by Ebners of 150 Old Street St. Luke's four years before he was engaged as inspector and foreman in our firm but I understood from the director who engaged him that he did not make very strict inquiries into his references but took him because he happened to be at that time with the School Board in temporary employment in Clerkenwell—I have the general supervision of the staff including the prisoner—he supervised the outdoor foremen—we have discussed the possibility of outdoor foremen defrauding the company—he continually suggested piece work because we could have an absolute check he said—generally I was in favour of time work—Cairo was an outdoor foreman—he was prosecuted and convicted of fraudulently tampering with his time sheets and obtaining money—I differed from the prisoner as to whether the Sheffield job was time or piece work—our Mr. Tyrrell settles whether the job is to be a time or piece job—he would only consult me in very special circumstances—practically my instructions were to make them all time jobs—when no price is stated on the foreman's instructions the job is done as time work and when it is piece work the price is stated—as it is in the document produced at 1s. 0 1/2d. per square yard the foreman has to bring the work out at that price—if it cost more he would lose; if less he has the benefit—the clerk hands the document to the foreman and the price is marked on in red ink—in time work the document is the same except that the price is omitted—we have one other travelling foreman who looks after the London jobs—the prisoner supervised jobs in the country of which we gave him a list—he was under no supervision—all supervision over country jobs was done by the prisoner—in all parts of the United Kingdom Scotland and Ireland the foremen make weekly returns of the wages the men and the hours which the travelling foreman checks—the foremen on the various jobs never know when he is coming to check the work and to see that we get the work for the money we pay out—upon a large job he is very regular in his visits probably once a week according to his discretion—he would have to travel about and go to any job which we indicated to him—he would suggest that it was advisable to go to certain places—the time his visit would require would be from a day or half a day to a few hours—he had a wide discretion—we made it a rule for him to be at the office on Fridays when the wages sheets were checked and if a foreman's claim seemed excessive we drew his attention to it—he would only know whether it was correct from his knowledge acquired on a visit—we have about half a dozen foremen including Ettore who speaks English fairly well and reads it better than he speaks it but we have sometimes the services of an interpreter—my conversation with Caccavale was mostly through an interpreter—part of our business is that of flooring the interior of buildings for which we have large contracts—from eighty to 100 men are employed—about 20 per cent are Italians—on outdoor work we have had as many as 500 men on one contract; all English—the Italians may have to employ somebody to make out their sheets—the prisoner
has never stated that the jobs could not be done at the price put upon the jobs for the foremen.
Re-examined. Placing reliance upon the prisoner we sent him to visit jobs which he suggested—he was on no business of the firm in Sheffield and had no right to be there—I caused a subpoena to be served on him and sent for him—I said "You know what I am here for?"—he replied "Yes there is some dirty trickery going on behind my back; why are these matters not left to me?"—I said "Since when have the company relegated these matters to you?"—he said "Never mind it is my business"—I asked him to go into the witness box and he said if he did he would say that the work was piece work—that was Cairo's defence—the prisoner did not give evidence—Cairo was convicted by the Jury before the Assistant Recorder.
ARTHUR HILLS TYRRELL . I live at 175 Cassland Road South Hackney—I have been employed by the Acme Wood Flooring Company fourteen years—I am now chief clerk in the flooring department and have the superintendence of flooring contracts—the prisoner's duty was to report in writing the result of his investigations into the various jobs to me including the number of men employed and the hours worked and so on—one job was at Skewen near Neath, South Wales the foreman appointed as appears in my writing in this document being Marston—the name Ettore is written over the name Marston in consequence of the prisoner stating on May 29th that he would do the job better—I had confidence in Bint at that time—he said five men would be necessary—I know Bint inspected the job because I had his written report which did not mention the number of men but I believed Bint.
Cross-examined. I do not know that Marston's work was unsatisfactory—I know nothing against him.
GEORGE STOWERS . I am a director of the Acme Wood Flooring Company—this receipt for five fares to Neath of May 29th is Bint's writing—the names of Ettore and Caccavale at the foot of it have been added—I gave Bint £5 in exchange for that receipt—I had every confidence in him.
Cross-examined. We had good characters of the prisoner when we engaged him—the £3 was an approximate amount for the fares which would have to be accounted for—I saw the prisoner's reports.—he was in our service many years.
Re-examined. Marston has been in our employment twelve years and is still a good workman.
HENRY WILLIAM JEFFERY . I am secretary of the Acme Wood Flooring Company—I received this receipt from Mr. Stowers and gave him the £5 it refers to—this document referring to the fares to Skewen £4 5s. is my writing—Ettore and Caccavale went there—the receipt for fares to Ystalyfera is in Bint's writing—I got the figures from Bint on May 29th—between May 29th and June 3th he told me he had given Ettore £4 5s. for five fares—£2 11s. was paid to Caccavale—I made this note under Bint's instructions—the amount is £6 16s.—the £7 17s. 9 1/2d. is the amount of the wages sheet from Skewen for the week—the wages sheet shows five men were employed including one named Francisco Dinverno
who appears upon the sheet to have been paid £1 3s. 3d.—believing that to be a genuine document I sent bank notes and postal orders for £7 17s. 9 1/2d. for the wages and fares to Ettore the foreman at Skewen—the wages sheet for June 11th shows £15 8s. 11d. and that Dinverno was still working and earning £2 18s. 6d.—on June 17th the amount was £15 7s. 9d. when Dinverno was still working and is entered as earning £2 18s. 6d.—the fares are made up as 16s. 10d. to Neath from Paddington and 1s. 4d. to Skewen—I sent those moneys—the wages sheet on June 25th is £19 19s. 3d.—Dinverno is still stated to be working—the wages sheet for June 11th from Ystalyfera is £10 11s. 10d.—it shows three men and ninety-two hours for that week and refers to £2 Us. paid for three fares to Ystalyfera with reference to that job—it is signed "A. H. Bint"—the amount was paid to Bint when he was at the office—when Bint was going to a job he would take the money with him—three fares are also paid back to London and a pay sheet followed the day of coming home—this is a wages sheet for the Plymouth job of July 15th signed by Ettore and purporting to show £13 15s. 9d. due for wages from the company in respect of fourteen hours a day except Saturday when they are nine—believing the statement to be true on July 17th I sent the bank notes and postal orders for the amount—the £15 5s. 6d. for July 29th in accordance with the sheet signed "A. H. Bint "I paid to Bint at the office—the £19 0s. 10d. for five men at fourteen hours a day I sent the next day to Bint as appears from the letter book by post on August 6th—£12 was also sent on account of £12 13s. 10d. in two £5 notes and a postal order as appears from the endorsement and the receipt dated July 17th.
Cross-examined. The amounts include fares and other expenses—between May 29th and June 5th Bint said he had paid five fares to Ettore in London or on the works probably in London—"We note you mention five fares "is my communication to Bint as well as the request to book it on the next week's sheet and deduct the £4 5s. advanced—it was booked on 17th in Ettore's writing that he had received it—I paid out these moneys—twenty or thirty pay sheets would come in each week according to the business—I have asked Bint to examine the sheets—I cannot say how many; he was rarely at the office—on one or two occasions I have landed him the money but when he was travelling about the country I have sent it by post.
JOSEPH DUFFY . I am the general manager of the Acme Wood Flooring Company Limited—on Bennett's return from Cairo's prosecution at Sheffield he made some statements to me—I have no doubt that was a time job.
Cross-examined. We did the work on the basis of the superficial area—I do not remember Bint ever reporting that it could not be done at the price—the prisoner has recommended piece work verbally but I do not recollect his having done so in writing.
Re-examined. The work was principally day work—we contracted or the job and paid our men by the hour.
prisoner resides—when registered letters are delivered a receipt is taken from someone in the house to whom it is delivered—these receipts are kept by the post office—these receipts of June 13th and 20th for registered letters delivered at 21 Burnley Road Stockwell from Neath and the receipts of July 18th 25th and August 10th from Plymouth are signed "A. H. Bint "as well as that from Southall on July 18th—the latter is stamped "1.15 p.m."
ISAAC HARRIS . I live at Skewen near Neath—I was clerk of the works on a job of flooring the school rooms that was carried out by the Acme Wood Flooring Company for the Skewen School Board in June—four men were engaged on the work—the job lasted about a month—I saw Bint there two or three times—he told me he was the manager of the Acme Company—the schools were intended to accommodate 450 children.
Cross-examined. There were night class rooms and a big hall.
AMATA ETTORE (Partly interpreted.) I have been working for the Acme Wood Flooring Company—I was made a foreman about a year ago by the company—the beginning of this year Bint appointed me foreman on a job at Southall in May I think—he said "I got this job for you; you must give me 1/2d. a yard on the job"—afterwards he asked for more—I was working piece work—later on he asked me to put more men on the time sheet—he asked me for money and said "Put more hours on the time sheet"—he wrote a little note to show me how to do it—I put one hour for each man per day—I gave him money—he said "I have got a big job for you down at Plymouth"—that was when I had finished the job at Southall—he said he had another job for me at Skewen—that was the Saturday before the Whitsun Bank Holiday June lst I think—in Caccavale's house he gave me a paper and said he had fares for five men—he gave me £3 8s. for four men and said "I will keep this fare for me and you and for the extra man you will send me so much a week"—I was to put an extra name on the time sheet to make the five men—I started to Neath on a Tuesday with three other men about June 2nd and did four hours' work—we worked on Wednesday and Thursday and I sent up a wages sheet—the fifth man I called Francisco Dinverno—he was never there—on the Thursday he was put down as earning £1 3s. 3d. on this time sheet—this is my receipt "Received from Bint five fares"—I did not put the amount because I did not know how much Bint had received—on June 6th I received this letter from the company enclosing the amount charged £7 17s. 9d. including £4 5s. for fares—I had only received £3 8s. for fares—before I sent up the next ages sheet Bint came on Wednesday June 10th I think—I showed him this letter (From the company asking for the amount of fares) and he wrote a little note on the back—I said I did not know how much to put on the time sheet—he wrote "Five fares to Neath from Farringdon Street 16s. 10d. and 1s. 4d. train from Neath to Skewen"—I think I sent that in the next wages sheet for June Nth the sheet I sent having been for June 11th—I charged for the dead man Dinverno for the week £2 18s. 6d.—I sent £1 10s. a week to the prisoner by registered letter or gave it to
him—I tore up the receipts after the last job at Risca near Newport in consequence of a letter I received from Bint nine or ten weeks ago—I continued to put Dinverno on the time sheet of June 17th as having received £2 18s. 6d.—I received £15 7s. 9d. on Saturday 20th—he never worked at all—I sent the prisoner two or three registered letters from Skewen containing 90s.—on June 25th I sent another pay sheet to the company in which Dinverno's name appeared as having earned £2 18s. 6d. and this application for the fares back to London for five men—I came to London with the men on the Saturday—I received £19 19s. 3d.—on the Sunday I went and handed Bint £2 10s. for the fares and his "wages"—altogether I paid him over £10 for four weeks—Caccavale first worked at Ystalyfera—Bint went with us there about June 10th—Allocca was employed there with Caccavale—Bint was with me in a public house from about four o'clock till twelve o'clock at night—he got the fares to Swansea and spent £2 10s. and I went to see him again at eight in the morning when he had gone to Plymouth—he told me the next job was At Plymouth—on that occasion I gave him money—I went to two little jobs first and then I went to Plymouth—Bint appointed me—I sent in this wages sheet of July 15th in which five men are stated to have worked fourteen hours when four men worked eight hours and a half—the men usually work twelve hours or twelve hours and a half—I received £18 15s. 9d. on July 18th from the company and sent £1 10s. to Bint by registered letter—sometimes I received the money by registered letter And sometimes by telegram—I did the same with the wages sheet of July 23rd—the men worked twelve hours and twelve hours and a half—on every occasion I put wrong hours and men at Bint's suggestion—I sent him 30s. by registered letter on July 24th—these are the receipts—he came down to the work and told me to put another man on the wages sheet of July 29th and I put Francisco Dinverno as earning £2 2s. and the men as working fourteen hours when they worked twelve hours and a half—he brought £14 for the wages and I gave him 10s. more—I received this letter I think a week after I was at Plymouth from the company's offices in London: "Sir—Please understand that not more than ten hours or ten hours and a half per day must be paid to each man unless I give you instructions.—Yours truly A. H. BINT. To Amata Ettore"—I think it was the first week in July—the men were paid for twelve hours or twelve hours and a half—in the sheet of August 6th the men are put down as working eighteen hours and Dinverno is charged for when he was not there—I received the wages charged and sent 30s. to Bint—we finished at Plymouth after that sheet—Bint appointed me as foreman at the school job at Risca on October 5th 1903.
Cross-examined. I have worked for the Acme* Company about two years nine months as foreman and about one year before that—I was a foreman when Bint came—I never falsified the sheets before the Southall job nor the sheets of any other employer—I was never charged with doing it—I was employed by Geary and Walker—they owed me money when I left their employment—they paid me—they did not refuse to pay me because I had falsified the time sheets—I did not tell Bint that I
had been treated badly by Geary and Walker—when I came back from Glasgow they paid me as soon as it was due—their work was piece work—they never accused me of falsifying the accounts—I never borrowed money from Bint—he never advanced me money—I received £2 from him on the Southall job because my money had gone to the wrong place that the company owed me and I left him a note on the Monday morning—I repaid him at the company's offices—I left it with the cashier—I have never borrowed money from Bint—when I went to Skewen I had money of my own to carry me on for the week—my fellow workmen had enough money and if I had not enough the company would give it to me—I did not say to Bint when I went to Skewen "I have no money to go with; would you lend me 30s.? I will send it to you back when I get my money"—I sent Bint £1 10s. and not 10s. on June 13th—I did not send the remaining 10s. on June 20th—when Bint came to Skewen on June 10th the men were not at dinner—they were working and I followed Bint—the time was 11 or 11.30—the men had dinner at one o'clock Bint would see the men—sometimes he would ask for them—I do not remember his asking "Where is the other man?"—I did not say "He has gone home to dinner"—Bint was there perhaps half an hour and then he went to Ystalyfera—he measured up the work—he did not write on a piece of paper what the cost of the work should be—I do not remember his saying that we must keep within the price of 1s. 4d. a yard—I did not reply that I had to shoot all the blocks—that was not the reason I gave for not keeping to the price of 1s. 4d. a yard—Bint came and said that the company had complained about the work being too expensive—I said I could not do it otherwise as there was so much to do and I had to shoot the blocks but he knew everything and he was to settle everything and he wrote the note—everything I said to the company Mr. Bint told me to say—I remember buying a gold watch—at his house Bint asked me the time and when I showed him the watch he wanted me to give it to him—I. told him if he wanted it he would have to pay me £12 for it—I did not tell him I had got it cheap or what I had paid for it—I had paid £5 in Plymouth for it—I showed it to Mr. and Mrs. Bint when I came back from Plymouth at the end of the job—I paid for it all at once at Plymouth before I came back to London—I did not tell Mr. and Mrs. Bint that I had not been able to pay for the whole of it nor want to borrow—I did not borrow 35s. or pay that money back by instalments in registered letters—Mrs. Bint never gave me any money nor Mr. Bint—I made out my time sheets—sometimes Bint gave me some notes—I am not good at figures—I read English very little—Bint assisted me with figures not at my request—he told me the total—when Bint was not there I wrote as I had always written to the company—I made the calculation of the time sheets—he showed me how I had to make it out—I told Bint I did not know how much he had got from the company for fares not that I had forgotten how much the fares were—everybody knew that Bint had those falsifications of time sheets made by everybody—Paolo Petrilli Beniamino Guiseppe and all my fellow workmen know it—Guiseppe only worked with me two or three weeks and he did
not know it—they did not share in the money; they had only what they got for their work—they never asked for a share in the proceeds of the frauds—except what I paid to Bint I kept the difference—I kept the money for the small jobs; I got nothing out of those—if I had not done as Bint told me he would not have given me any work—we made an arrangement and I had more work—I received a halfpenny more an hour as foreman—I had been a foreman two months before Bint came—Mr. Tyrrell preceded Mr. Bint and Mr. Widdicombe who is dead—Tyrrell gave me the work before Bint came—Widdicombe was the foreman before Bint—I was compelled to work thirteen to fourteen hours and on Saturday eight nine or ten—I used to put the hours according to the instructions received from Bint—I put what he told me—I was paid for more hours than I did even on the longest day—I used to go to work before the other workmen—I only charged thirteen hours—I took the extra hour out of the overcharge for other workmen—there were three men and myself—I was overpaid four hours and I got £2 18s. 6d. entered for Dinverno—Bint told me to put another name and I put that name—I invented the name—I charged the extra hours and the fares—Bint took the fares back to London at his house—I went there and took him £2 10s.—the sheet shows £3 19s. Id.—I paid Bint so much a week then I had to pay him for the small work—I mean jobs of from thirty to seventy yards in London and in the country—Bint gave them to me as piece work but I had no order to that effect from the company—I used to do it piece work and sign on the sheet by the hour—Bint took from 5s. to £1 out of it—I paid him £1 5s. a week on a job at Frinton on another job at Minster near Ramsgate and another at Wingham near Dover; also on jobs at Chichester Newbury Windsor Castle New Cross and "The Grapes "St. Mary Axe—that is all I remember—Bint examined some of those jobs but not all—he came to the job at New Cross and at the American Bank in London—I was at Risca near Newport—Bint superintended that job—I used to send time sheets at first and then I sent a balance sheet—I sent time sheets I think twice—it was a piece work job—those time sheets were falsified—I sent in time sheets because Bint had given me no instructions—I had this document before I went on the work but Bint had not told me how I had to do it—at first he told me to put only on the time sheet the money I wanted and the second time he sent a man from London to show me how to make out a balance sheet—at Risca Bint sent a man with a letter to tell me I was to do according to his instructions because there was a man watching me—I did not know I was being watched till Bint sent me that letter—at Risca Bint and Stowers gave me work by piece—the proprietor sent me two telegrams to do the work by time—this is the £5 watch (Produced).
Re-examined. Geary and Walker never made any accusation against me—when I left they owed me money—they paid me and could not give me any more work—they simply asked me to sign a receipt in full settlement—this is the receipt (Produced) for the £2 I borrowed from Bint—I know his writing—this is his letter (Produced) asking the firm to deduct the £2 and this is my telegram to the office for the money—I afterwards
went to the office and received £4 4s. being £2 less than the wages on the sheet £6 4s.—the receipt is "May 4th 1903. Received £4 balance of wages" etc. and that is signed "A. Ettore"—Tyrrell appointed me first and then Bint—these (Produced) are some of the returns for the little jobs—we could not falsify them because the price was too small—I marked exactly the price and the hours because the company would notice if there was any difference—on the Risca job I falsified the sheets—I sent £1 to Bint of the difference the first week—after that I did not send more till he sent me instructions; then Bint's letter came to say I was being watched and that I must make the job out to be piece work as the job in fact was—the letter was written to "Mr. Blank"—if I could see the man who brought the letter I could recognise him—he came on a Sunday morning—I sent my papers in on the Thursday—this is the last sheet I sent in dated October 22nd—the warning about being watched was before that—I bought the watch I think in High Street Plymouth—Paolo was with me.
Cross-examined. He paid £4 17s. for it—I do not remember how long we had been in Plymouth but we were there four weeks—I think it was about the third week—the price asked was £5—I saw £4 17s. handed to the shopkeeper.
GIRO CACCAVALE (Interpreted.) I have been employed by the Acme Flooring Company for six years—on the way from Broad Street to the office and at my house I asked how the work was going on—he said the work was finished but he said "If you are going to do what I want I will give you work and you will be foreman"—I had not been a foreman before that—we went to the office together and he gave me first some work at Red Hill—he gave me instructions on a piece of paper so that I could copy it on the Saturday—he wanted me to alter the time to put eleven hours for ten hours—I was without work and I could not do otherwise but accept what he proposed—I was sent down to be foreman at some works at Ystalyfera—afterwards Bint came to see me—I sent one time sheet before he came—I copied the number of hours from a piece of paper he gave me when he gave me the work at my house in London—I took his note to Ystalyfera and on the Thursday filled in the wages sheet from it—I tore up the paper—the first day the men worked ten hours and on Bint's instructions I put down thirteen and the travelling—I put down thirteen hours on another two days and then fourteen hours or each day—on June 10th Bint came with Ettore and Allocca and we went to a public house with the clerk of the works—I paid for drink all round and gave half a sovereign to Bint—the clerk of the works could not see; he was far away from us—the next pay sheet is June 11th—I filled that up from a paper Bint gave me as sixteen hours; the men worked thirteen—I brought that up to the office where I saw Bint and Allocca—the night we came from the country Bint told me how to make out these sheets—this one I filled in London—Bint told me how many hours; I
could not do it otherwise—he told me I had done the work too cheap—he asked me to alter the hours from thirteen which I had put—Bint asked me for the sheet and he went into the office and took it—he came out of the office to me with the sheet and said I was a fool; then I said "Take the sheet and make it yourself better"—he could not alter that sheet he had to give it to the office—he took it back there—he brought out the money took £1 2s. for himself and gave me the difference—he said "That is for me and that is for you"—I afterwards went as foreman of some works at Southall—I sent in a wages sheet on July 16th—I made it out at Bint's house the week before—he came to me and said "You come at four o'clock to my house and I will make out the sheet"—Ciccone worked four days I put him down six—Bint told me to do that—he made out a bill that I was to send him 30s.—the five men were Caccavale Leonardo Sparnpanalo Ciccone and Ciniglio—I put one hour less for the other men—they worked eleven hours—Bint gave me this paper "Mr. A. Bint Burnley Road Stockwell Road London S.W."—there was only £1 left after I paid all the men and I sent a boy to register a letter to his house with the money—the boy wrote the envelope in which I put £1 and not 30s.—I sent it to the address given at 9.30 a.m. on July 18th—I do not remember Cairo's trial at Sheffield but Bint told me he had six weeks—he came to me on Sunday October 25th or 26th—he came to my house—I was not in but I met him and we went into a public house—he said "Cairo has got six weeks; you come to the office to-morrow" and if Mr. Duffy asked whether I have given any money to him I was to say "No."
Cross-examined. I said before the Magistrate that Bint's son had come to me for money—that is true—the elder son came once and another time a thin one—once on a Saturday once on a Thursday night and twice on a Sunday this boy and his brother came; four times—(A boy was brought forward.)—it was this one twice and another one once—once he came to me because his father wanted me—he came to bring me back a pound—(The interpreter complained that this witness spoke a patois and not Italian and said that he could not understand all his dialect.)—I came from Naples—I worked in Russell Square in May or June last—I never borrowed 2s. from the prisoner—he never lent me any money.
Re-examined. The prisoner's boy came to my house for money twice—he said that his father had sent him for money; he did not say how much and I gave him 10s. to give to his father—before we went to Southall the boy had come and got 5s.—he came after we came back from Southall—he said "My father has told me that you should send money"—he did not say what sum—it was after I had sent him 20s. from Southall—the boy told me his father wanted to see me—I could not go and I gave him 2s. for trains and told him to go back.
AMATA ETTORE (Re-examined by MR. MUIR). On the Saturday or Sunday before going to Plymouth Bint left me a note that I should go and see him—I went—I did not ask him to lend me some money as I had a chance to buy a gold watch—he did not lend me 35s.—I did not tell him I wanted that money towards the price—when I went there Mrs. Bint was down stairs—I do not know if she was cooking the dinner—she and her
husband were with me in the up stairs sitting room but not on that day—she did not hand her husband £1 10s. in gold and 5s. in silver—he did not hand that sum to me nor say "You want this to buy a watch"—I did not say. "I will send it you from the country; I cannot give it you all at once but I will give it to you as I can"—I showed this gold watch to Mrs. Bint when I came back from Plymouth—she did not say "You seem to be making. a lot of money"—I did not say "I have no money at all; everything is very expensive at Plymouth"—I did not say anything of that kind to her.
Re-examined. I went to Bint's house because of a letter he sent me—he left a little note at the office "Let Mr. Ettore come to me in the morning" and when I saw him he asked me for one fare—I never got it from him—I took four men; Bint asked me to take three—I said "You must not think you are going to do as you did the last time when you made the office pay for five tickets instead of four; this time you won't do it" and I refused to pay him the fare—I do not remember the day I went to Plymouth—it was about Monday June 29th—I had been there three years before for the same company—Paolo my cousin saw this watch in a shop window and told me about it and I bought it—I was working with it.
AMATA PAOLO (Re-examined.) I saw this watch first and wanted to buy it for myself—it was in a window and there was a ticket on it with the price—at the end of the week I told Ettore I should like to buy it if he was going to lend me some money—I asked him to go to the shop—I had never been at Plymouth before I went there on this job.
Cross-examined. I had a silver watch but I thought I should like to have that watch—Ettore had already a gold one—we went into the shop and Ettore asked if the shopkeeper would make any reduction—he wanted 5s. oft the £5—he said he wanted it and as I had not the money he bought it because it was cheap.
Re-examined. I went to Skewen with Ettore—there were four men altogether—Dinverno was never working on the job—when Bint came to the job at the school the men were working.
By MR. MUIR. I did not know Ettore was falsifying the sheets—he told me he had given money to Bint otherwise I should not know—that is how I came to know—I knew it two or three months before these proceedings—I knew it at Skewen.
FRANCISCO ALLOCCA (Partly interpreted.) I was working with Caccavale in June at Ystalyfera and remember Bint coming one Wednesday—after some time Caccavale the clerk of the works Bint me and another chap went to a public house—after we had been drinking some time Bint said he had to go away to catch a train; then I saw Caccaval put ore hand behind his back and give Bint a sovereign or half sovereign I could not see which but I saw gold—when we came back to the office in London Bint was with Caccavale about twenty minutes—we waited for Bint—when he came he asked Caccavale for his time sheet—Caccavale said "I have given it in at the office"—Bint said "Oh you fool why didn't you put more hours because you have done the job too quick?"
—Caccavale said "Very well I will put twenty-four hours a day; if you want to put more make it out yourself"—then Bint said "Put twenty-four hours a day"—Bint took the sheet back into the office to get the money—he brought it out in his hand and said to Caccavale "This is yours and this is mine"—he had money in both hands—he put his money in his pocket and I and the other men divided the other money between us.
Cross-examined. I saw Bint give Caccavale 22s. and £1—I found out about putting wrong figures on the Friday two weeks after we went to Ystalyfera—it was in London when Bint told me to explain to Caccavale why he had not put more hours because Caccavale could not understand anything about figures—Bint and Caccavale told me that more hours were being put than were worked—that was when we finished at Ystalyfera—that was when I saw money pass between Bint and Caccavale—Caccavale told me he had to pay Bint half a sovereign—on the way to the station Bint told Ettore to go and take the tickets and after this the train came and they went away—Caccavale said "Did you see that I had to pay Bint 10s.?"—I asked him why he gave him that money—he said that if he did not give him the money he would not give us any more work—the time sheet was still to be made out—Caccavale said we were to show more work than we did and give more hours otherwise Bint would not give us any more work.
WILLIAM SMITH (Detective J.) On November 2nd I found Bint detained—I read the warrant to him—it charged him that he did unlawfully by means of false pretences obtain £5 and other sums from the Acme Wood Flooring Company with intent to defraud—he said "They owe. me that amount now and Mr. William Duffy owes me £42 and I have left in hand as much as £20 or £30 travelling expenses."
The prisoner in his defence on oath said that only with regard to appointing a small proportion of foremen did the firm ask his advice; that it was impossible for anybody to check the foremen's returns of the hours and the number of men employed on the various jobs considering the number of them he had to visit; that he simply had the time sheets put in front of him and if he saw anything doubtful he inquired into the matter but he never suggested the falsification of time sheets to anyone and never made any fraudulent returns nor any arrangement with the foremen for the falsification of time sheets; that he gave Ettore five fares and believed that the men stated 'were sent and were at work in every case but on arriving at Skewen in the dinner hour and on all occasions having to inspect other jobs he could not remain on the works and if anything was wrong he was himself deceived but he did his best to satisfy himself as to general results and never had any intention to defraud his employers; that the statement about his handing Caccavale gold in the public house was absolutely false; that he lent Ettore 35s. to help him to buy a gold watch and lent other sums to the foremen which they repaid in instalments some of which were shown by the receipts for the registered letters produced.; and that he had sent in only truthful reports and had never had any charges made against him before.
Evidence for the Defence.
JUELETTA BINT I am the prisoner's wife—we have been married twenty-three years—I live with him at Stockwell—I know that he has been in the habit of advancing money to workmen—Ettore has been at our house on several occasions—he has borrowed money—on Sunday June 28th it being two days before my birthday Ettore came and I had words with my husband about these Italians coming as they are a disreputable lot of people but Ettore was asked into the residing room and my husband went to him and as I went on cooking the dinner they had a conversation together—I was in the kitchen when my husband came to me and asked if I would lend Ettore 35s.—I said "Oh dear I do not know; that is a lot of money more than you have been used to lending; I do not think I would do you?"—he said "It will be all right; he wants to buy an expensive watch"—I said "Well I do not know; I have worked very hard for that money and I do not like the idea"—ultimately I lent it—I went from the kitchen to the bedroom opened a box and took out the money which I took and handed to my husband in the sitting room—to the best of my recollection it was 35s. paid by a sovereign a half sovereign and some silver—no receipt was given—Ettore never gave a receipt for what he borrowed of my husband—he said he wanted to buy a valuable watch from a friend and that he would pay the money back by instalments—I afterwards saw the watch in Ettore's possession—I am not good at dates but it was before or after the Plymouth journey that my husband called my attention to this man's gold watch and I said "It is a splendid watch; I should be afraid to carry it"—Ettore offered to sell it to my husband for £12 but I said "I should be afraid to carry such a thing"—I said "You must have been making a lot of money in Plymouth"—he said "No things are expensive in Plymouth and I have not been able to save much money"—later I had a registered letter with half a sovereign in it—I put the letter in the fire—I had letters after that—I had three instalments of half sovereigns—it was my money and I put it in my box—I do not know whether my husband saw it or not—I remember a registered letter coming from Caccavale; it contained postage stamps—I never knew my boy or any boy going to Caccavale for money or bringing back money.
Cross-examined. I understood that Ettore was a good workman but that he had not sufficient money to buy a watch—the money was sent back to A. H. Bint not to me—I did not pass that money to Ettore but to my husband—the instalment was sent with a dirty scrawl of "10s. on account" on a single piece of paper with no name and I had to infer from the postal address where it came from and who sent it—I never knew Caccavale send 10s.; he sent stamps—I never saw a letter from Caccavale—he has been at our house repeatedly—I looked upon these Italians constantly coming as a nuisance sometimes three or four times a week and I have had more trouble with my husband about that than about anything during our married life but he said "They are good workmen and I must make a name with the firm"—I cannot say
how often Cairo came but I have seen him—I kept the money which was sent because it belonged to me as I had lent it to my husband who gave me a weekly allowance—I have never had money from Cairo—I have sent money by post and I have lent money on several occasions and he has sent to my house not by registered letter but by letter and by hand—I lent him money because he told me his wife was starving.
Cross-examined. I have been twice to Caccavale's house—I have had a watch—my father gave it to me—I have not had one from the Italians—I got it from my father when I was at the Honeywell Road School for going up a standard—I know Ettore—when he came to our house he gave me a broken watch and said it would be a good watch if I would pay 2s. 6d. and get it mended—I had forgotten that when I said I had had no watch from the Italians—I knew Ettore was an Italian—Caccavale has been to our place; I cannot tell you when—the first time was in the summer—it is a long time since; I cannot remember—I go to work—I was at work in the summer—I leave off at 6 o'clock and 1.30 on Saturdays—I cannot say it was Saturday July 18th but my father gave me a message—the Italian did not give me any money—father said "Go to Caccavale and tell him some polishing has got to be done "so I went to his house—I did not know he was at work at Southall—I did not take another message that father wanted 30s. nor that if he did not pay it he would get no more work nor any more jobs—the message seemed sensible and Caccavale seemed to understand it because it was put in a sensible way but that is all that I can remember—I have not been talking about this case—my father asked me what I could say about these two visits—I have told the truth—the second visit father sent me to Caccavale and said he wanted to see him—I said in broken sentences that something was the matter with the work—he came down stairs then went back again and then came back with me—nothing was said about 5s.—he did not pay my tram fare father always did that—Caccavale never gave me 2s. nor any money nor any of them—I did not know what I had to say till I came here—nobody told me; I never mentioned it to mother nor father nor to the solicitor nor to anybody till I got in the box.
Re-examined. I have been at this Court three days; I did not come yesterday (Friday)—my mother told me that the Italians said I brought money from them to my father—she did not ask whether it was true but I told her it was not true.
The prisoner received a good character.
GUILTY . Eighteen months' hard labour.
Before Mr. Recorder.
102. ELLEN LOUISA FORD PLEADED GUILTY to stealing a piece of lace the property of Edith Ford; also a diamond ring the property of William King; also two skirts the property of Elizabeth King. Judgment respited in order to see if she could be sent abroad. —And
(103). THOMAS CHARLES HONNOR (37) to unlawfully converting to his own use certain money entrusted to him by Richard Joseph Blake . (A previous conviction was proved against him). Judgment respited. [Pleaded guilty: See original trial image.]
Before Mr. Common Serjeant.
NOT GUILTY .
MR. MORICE Prosecuted.
BRIDGET LATHAM . I am an assistant to my mother at a tobacconist's shop 6 Rathbone Street Canning Town—I served the prisoner Laura Hicks with 1d. worth of shag on November 8th—she tendered a shilling—I tested it and it bent—I handed it back to her and she ran away with it—she came again on Sunday 29th in the evening for 1d. worth of shag—she tendered this shilling—I took it to my mother who came and told the prisoner it was bad and sent me for a constable—I saw mother test it; it bent and she handed the coin to a constable.
Cross-examined by Laura Hicks. I am sure you are the same woman who came three weeks before November 29th and that evening.
FREDERICK TEGG (117 K.) About 7.45 on November 29th I was called to a tobacconist's shop in Rathbone Street—Latham handed me this shilling and pointing to Laura Hicks said "This woman has handed me this bad shilling: she came into this shop about three weeks ago and handed me one then"—I said to Laura "Have you any more coins about you?"—she said "No that is the only shilling I had and I did not know it was a bad one or I should not have tried to change it here; I have three children at home"—I took her to the station—on the way she dropped something—I picked up a purse which contained seven or eight shillings five dated 1900 and two 1898—I said "Where did you get them from?—she said "My brother Bill gave them to me; I do not know where he gets them from"—she then handed me a calico bag which contained four packets of tobacco a tin of mustard one egg and a box of matches—I asked her name and address—she said "Mary Hicks 85 Fife Road."
FRANCIS CRONK (573 K.) On November 29th about 8.45 p.m. I went to 85 Fife Road—it was an empty house—I then went to 87 Fife Road—I saw the man Hicks and another man leaving No. 87—I said "Do you know where Bill Hicks lives?"—he said "Nest door but one but they are a rough lot"—I conversed with Hicks and Baker—I took Hicks to the station.
ARTHUR FENNER (243 K.) On Sunday evening November 29th about 10.45 I searched 87 Fife Road where the prisoners Laura and William Hicks and Baker live with Hicks' father—in the kitchen table drawer I found eleven white metal spoons; one was partly melted—in the bed-room
occupied by Hicks and Baker I found a quantity of white metal under a grindstone under a lathe bench—some of the white metal was wrapped in paper—a soldering iron was hanging on the wall and under a table in the same room was this cardboard box containing this plaster of Paris and the two batteries—I took them to the station.
FREDERICK STEVENS (Detective Officer.) About 11 o'clock on November 29th I went with a constable to 87 Fife Road—I saw Baker—I searched the place—in the back bedroom of Laura Hicks I found these two plaster moulds for making shillings this file a quantity of plaster of Paris and in the bolster on the bed this ladle which had been recently used and metal was in it—in a cupboard in the kitchen were this bottle of spirits of salts a piece of rosin an egg cup containing grease six boxes of vaseline, a box of powder and a quantity of red powder—this electric battery was fixed up inside the cupboard the coil being outside and under a bed in the kitchen was this glue pot—the prisoners were charged with having material for the making of counterfeit coins—William Hicks said "That is right"—on November 30th another constable handed me 16s. 10 1/2d. which I examined—I found a shilling with corresponding date and pattern with the mould taken from William Hicks.
FREDERICK ADAMS (Police Sergeant K.) On Sunday November 29th I as at the Canning Street Police Station when Laura Hicks was brought in—she said to me "It is not my fault it is my brother William's fault who resides with me he gave me the money to take out and sent me three or four times before to pass bad money"—she was searched and charged—I afterwards searched William Hicks and found 16s. 6d. and some coppers upon him—I gave it to Stevens who examined it.
ROBERT VERDON . I am an estate agent for the owner of 87 Fife Road—the prisoner William Hicks took the flat at 87 Fife Road on July 27th at 7s. 6d. a week—he deposited 3s.—he or Selina Baker paid the rent week by week—Laura Hicks paid it on two occasions—it was very often paid in coppers.
Laura Hicks' Defence: "I did not know I was doing any harm or I should never have done it; I have three little children.
LAURA HICKS— GUILTY .
Nine months' hard labour. W. J. HICKS**— Three years' penal servitude.
Before Mr. Recorder.
105. HENRY POPE (33) PLEADED GUILTY to assaulting Emma Frances Pope and occasioning her actual bodily harm. The prisoner agreed to execute a deed of separation from his wife the prosecutrix and to allow her. 13s. per week for six months in each year. Judgment respited.
Before Mr. Recorder.
MR. HARVEY Prosecuted.
FREDERICK EDGAR SELTH . I am manager to Percy Thornton Hill and Company bottle merchants of Collingwood Street Blackfriars—on October 22nd about 11 a.m. the prisoner called on me and said he came from Mr. Roberts of Meson. Fry and Company of Southwark Street—Mr. Roberts is the manager of the essence department at Fry and Company's essence manufacturers—I had been to try and see Mr. Roberts several times but had not met him—the prisoner stayed talking to me for about thirty minutes—I have no difficulty in recognising him—I took him to be one of the warehousemen—he said they might want thirty gross of bottles a week and asked when I could deliver them as they were rather pushed for them—I picked out some samples for the peculiar work and he went away with them with the understanding that if he brought back an order from his firm that evening I would guarantee two gross of bottles—he returned bringing this delivery order (Produced) which purports to be signed by Mr. Roberts 88 Southwark Street: "Dear Sir—Samples to hand. Please put ten gross in hand at 12s. 6d. and call and see me to-morrow (Friday) at 12 o'clock"—the prisoner called a second time between 4 and 5 p.m.—I said "Is that the order?"—he said "Mr. Roberts has given me this as he is in a hurry but for the future all our orders will be on printed forms"—I put the order in hand as it looked like good business for the future which I had been trying to get—I told my head man not to deliver the goods till I returned and I went to keep the appointment—I returned with Mr. Fry and he saw the goods and said they had never been ordered—I next saw the prisoner again on November 5th at the corner of St. George's Road and Lambeth Road—I was in one of my vans—I stopped it and directly the prisoner aw me attempt to get out of it he turned and doubled off down Lambeth Road instead of going down St. George's Road—I overtook him stopped him and took him up to a constable—he gave the name of Baker living somewhere off the Harrow Road—I said to the constable "I believe this man is wanted for forging an order"—he was taken to the station and detained—he afterwards gave his name Arthur Billingham.
Cross-examined by the prisoner. When you first came you said you wanted two sample bottles for Mr. Roberts—I said "What Roberts?—I put the name of "Fry" on the order myself—when you ran away from me you ran about thirty yards—I did not say "There is a warrant for your arrest "I said "I believe Messrs. Fry and Company want you"—you walked up to a constable with me—I asked you to get into a cab and drive with me to Fry and Company which you would not do because you said you might meet your governor in Queen Victoria Street—you did not say to me "There is a warrant against me because my wife ran
away from me and I refused to have anything to do with her" and you did not give that at your reason for running away from me—I believe you said that at the station.
DAVID WILLIAM ROBERTS . I am the manager in the coffee essence department of Charles Fry and Company at 81 Southwark Street—this delivery order purports to be signed by me—I know nothing of it; it is not my signature—I know nothing about ordering ten gross of bottles—it looks as if it was all written by the same hand—my name is not Charles Roberts and our real number is 81 and not 88—no such order was given to Percy Thornton Hill—the prisoner has not been employed by us during the last eighteen years—I do not know him.
THOMAS COTTERELL (384 M.) On November 5th the prosecutor called my attention to the prisoner—I arrested him—he gave his name as Arthur Billingham—he was charged and made no reply—before being charged he said he knew nothing about it—there was some conversation about his wife and he gave some explanation about giving another name.
The prisoner in his defence on oath said that he lived in a Rowton House and while he was writing a letter there about a situation an old man came and asked him if he could help him as he did not seem to be getting on well with it; that the man wrote the letter for him and a few days afterwards he asked him to go to Hill's or Hall's in Collingwood Street and ask for two sample bottles for Fry and Company and say he had come from Mr. Roberts; that he took the bottles to Rowton House and gave them to the man who about two hours afterwards gave him a dosed envelope and told him to take it to Hill's; that he believed it contained the order but that he had not written it and never saw it and did not know its contents; that he did not know the old man's name but thought he was a respectable traveller for a firm; that when he heard that there was a warrant for his arrest he thought it was because his wife had thrown herself on the parish and that he had nothing to do with writing the order and that he had told the detective his story and given a description of the man.
FREDERICK EDGAR SELTH (Re-examined.) When the prisoner first came he said "Can you give me some sample bottles?"—I said "What sort of bottles"—he said "Some light weight bottles"—I said "Who are you?"—he said "I come from Mr. Roberts of Fry and Company"—I said "What do you want them for?"—he said it was for a New Zealand shipping order which they had just got and said "Can you do it?"—I showed him several kinds of bottles—he said Mr. Roberts had sent him to get the bottles and he had lost the order or mistook the name and that he had been walking about nearly the whole of the morning trying to find our place and had then seen one of our vans—he did not say that he had just come from Rowton House of which Mr. Roberts was an inmate or that he did not know his name at all—I should not have executed the order if I had known the circumstances under which it had been given to him.
Cross-examined. I did not tell a different story each time I was before the Magistrate—the depositions had to be added to because I was ill.—CASTLETON (Detective.) On November 19th I saw the prisoner
at the back of the police court waiting to appear before the Magistrate—I said "You have told us you work for Morrison in Fenchurch Street; I have been there and they know nothing of you; if you can tell me of any respectable person who can speak in your favour I will do everything I can for you and inform the Court; is there anybody?"—he said "No"—I said "Nobody at all?"—he said "No"—I said "I am afraid I cannot do much for you"—he said "If you believe me I am innocent of this"—I said "Of what?"—he said "What I am charged with"—I said "If you can prove it or tell me anybody I can go to I will willingly get them hero"—he said "I will tell you the truth; I was writing a letter in Rowton House I could not get on with it. A man there asked me if he could do it for me. I let him do it. A day or two afterwards he asked me to take a letter to Messrs. Hill. I did so and this is the trouble I get into—I said "What is his name?"—he said "I do not know"—I said "Can you describe him to me?"—he said "Yes"—he gave me the description of a man aged between fifty and sixty dressed in a dark jacket suit and black Trilby hat—I said "Very well I will see if I can find this man"—I informed the Magistrate and the prisoner was remanded until November 27th to enable me to find the man—I went to Rowton House and made inquiries but could not find him and the porter did not know him—the prisoner was known there by his description and told me he was a quiet man always keeping to himself.
NOT GUILTY .
MR. HARVEY for the prosecution offered no evidence.
NOT GUILTY .
Before Mr. Justice Darling.
MR. PETER GRAIN Prosecuted.
WILLIAM DAVIS (Detective Sergeant.) I was present at the police court when the depositions of Mary Ann Gue were taken—the prisoner was present and had an opportunity of cross-examining her; they are signed by her—I was also present at the Coroner's inquest when she gave her evidence on oath: she signed her deposition (This is it): "I am the wife of Walter Gue a carman of 24 Wolseley Buildings Dockhead Bermondsey. Mrs. Henry Gue is my sister. She came to me about noon on Tuesday November 10th 1903. She had the deceased child Sidney with her. I went to her house to help her with her work because her breast was bad. I stayed at her house until 5 p.m. o'clock and then wont with her on errands. We got back home again a little before 6 p.m. o'clock. I swear that all the time she was with me she had no drinks; that is ever since noon She
was going for a tin of milk so I took the child from her at the door and took him upstairs. I had looked at the child once or twice while we were cut, but noticed nothing wrong with him—he had cried: the mother put the child to breast two or three times but he did not take it; he had had the bottle (milk) between 1 o'clock and 2 o'clock p.m. When I got the child indoors I noticed him working his arms about: I called the child's sister. Florrie Gue. In about two minutes I found the child was dead. My sister the mother of the deceased came in soon. I told her and she began to cry She had only been away four or live minutes to get the milk. The doctor came in and said the child was dead. The child seemed to me to be quite well when we took him out first. "When my sister came to me at noon she looked as if she had had too much to drink, but she had no more to drink all day while with me. She was carrying the child and seemed to carry it all right. He had a hat on and a shawl over him, but his face was not covered over. My sister was carrying the child all the time herself while we were out of doors. No one else curried the deceased."(Deposition before the Magistrate read:) "I am the sister of the prisoner of 24 Wolseley Buildings. Dockhead. The prisoner and her husband live at 14 Fort Buildings. Between 12 and 1 p.m. on Tuesday November 10th the prisoner called for me. She had the child with her. The child seemed in good health. It was wrapped in a shawl and had a woollen cap. The prisoner had it in her arms;—we went out together. Prisoner carrying the baby and reached home about 1 p.m. I stayed with her (here till nearly 5 p.m. Prisoner was nursing it all that time; she fed it too. The baby seemed all right. At 3 p.m. we went out to do some shopping. We came back about 6 p.m.: prisoner had the child with her all the time. When we got back prisoner handed me the child to take up stairs. She was going out to get a tin of milk.' The child was all right then. I carried it on my arm: the face was not covered. At the top of the stairs the child did a kind of a flutter in my arms; I looked at it; it seemed rather pale and I placed my hand on Its forehead and I found it cold. I thought it was dead. I called Florence (13). and sent her for the doctor. Between 12 and 6 we never entered any public house. Prisoner had no drink while with me and seemed sober."
GEORGE HARTLEY O'REILLY M.D. M.R.C.S. Between 3 and 5.30 p.m. on November 10th I was called to Fort Buildings to see a child—I found it lying dead on a sofa—I made a post mortem examination next day and found that it had died from asphyxia—it was a healthy well nourished child—as far as I could make out there was nothing to cause its death—I saw the prisoner on the 10th: she seemed very excited and as if she had been drinking—in my opinion she was not then in a fit state to have charge of a child.
MR. JUSTICE DARLING said that he did not consider the evidence sufficient and directed the Jury to return a verdict of
NOT GUILTY .
Before Mr. Common Serjeant
Before Lumley Smith Esq.
MR. TORR Prosecuted and MR. BURNIE Defended Blake.
RICHARD DAVIES (373 M.) On the morning of November 11th I was in Little Lant Street. Borough—I saw the prosecutor with the female prisoners—the male prisoner was about ten yards behind—they went towards Lombard Street. S.E.—I followed them—I had silent boots on—I saw Norton seize the prosecutor by the throat and the women rifled his pockets—there was a scuffle on the ground—I rushed for the male prisoner—he ran away—after chasing him through several by streets. I secured him—the women got away—I was hurt on the knee by the male prisoner and was on the sick list for many days—I heard the prosecutor call out during the struggle "Police! Murder"—I heard Norton say "Have you got his b----money?"—that was to one of the women. I could not say which—I never lost sight of Norton whilst I was chasing him.
Cross-examined by Norton. I was within about five yards of you all the time—although you were on the ground with the prosecutor. I could not arrest you in the act—I arrested you in the street about two minutes' walk from your home.
Cross-examined by MR. BURNIE. It was hardly a minute or two from the time I saw the prosecutor on the ground till the man ran away—it all took place quickly—in the first instance I was about twenty yards away—the three prisoners were all together and I was behind the lot—I am certain both women were there.
Cross-examined by Lumley. Two other women were not standing in a gateway across the road while you were talking to some man. '
MATTHEW MASON . I am a fitter of 1. Salop Street Braid's Village. Oldbury, near Dudley—on November 11th I was looking for lodgings in London—I met the two female prisoners and asked them where I could get lodgings—they said "Come with us and we will show you"—I proceeded to go with them when the male prisoner came alongside of me and then got behind mo and put his fingers round my throat and threw me on the ground and said to the women "Have you got his b----ticket?"—the women said "No"—he then said, "Well have you got his b----money?"—I called for help and a policeman came running up—the nun ran away—my throat has not been right since—I was sober.
Cross-examined by Norton. You were not with the women when I first saw you—I was in the women's company about five minutes before 1 saw you—I am sure you are the man.
Cross-examined by MR. BURNIE. It was one o'clock in the morning and pretty dark—I had never seen the women before—I am sure that Blake was one of the two women; she had a red blouse on at the time.
Cross-examined by Lumley. There were no other women with me.
Re-examined. The night after the assault I went to the police station and identified the two female prisoners.
By MR. BURNIE. I went with a police constable to a lodging house where there were thirty or more women and picked out the two female prisoners—Blake who had a red blouse on was with Lumley.
DANIEL TYDEMAN (Detective Inspector M.) On November 11th at 1.30 a.m. Norton was brought to the police station of which I was in charge—the prosecutor came in at the same time—he was quite exhausted and covered in dirt—he spoke with the greatest difficulty—I examined his throat and he had discolorations round it which appeared to have been caused by very great violence recently received—the constable also was suffering from two very bad wounds on the left knee cap; his trousers were cut right across—in consequence of his injuries I called the divisional surgeon in who immediately put him on the sick list and it will be some time before he is well again—from a description of the female prisoners I went with Detective Helson to 99 Mount Street Borough—I saw the two women amongst a number of others and told them I had suspicion that they were implicated in a case of violence—the prosecutor had already picked them out as being the two women that had assaulted him just previously—Lumley said "I was standing round the corner in Suffolk Street and saw a row. I was talking to a young man. I don't know who the other woman is but she had a red blouse on. I didn't do any-thing. The policeman run after a man and I went in doors"—I took both women to the station and they commenced quarrelling—Blake said to Lumley "You saw me there; you had your old ponse with you; you brought me into this"—I had Lumley removed to the cells—Blake said pointing to the prosecutor "That man offered me a shilling and some man came up behind us and got hold of him by the throat and tried to throttle him. I and Barbara were together and I ran for my life"—they were charged—they made another statement to Detective Helson—I was not present.
Cross-examined by Norton. I say the prosecutor was covered in dirt not mud—when you were brought to the station you were also covered in dirt so was the constable.
Cross-examined by Lumley. Blake was in bed at the lodging house—you were in the kitchen.
ALBERT HELSON (Detective M.) At about 2.30 a.m. on November 11th on the prosecutor's statement I went with Detective Tydeman to several lodging houses—we called at 99 Mount Street and ascertained that Lumley and Blake had gone in there about 1.30—we went in and arrested them—Lumley said "I was standing at the corner"—Blake
said "All right"—they were charged—in the dock. Blake said turning to Lumley "Barbara if I live to be 100 years I'll pay you for this: it is all your work: you and your ponse did the job"—Lumley replied "What's the use of your saving that? You know as much of the job as I do."
Cross-examined by MR. BURNIE. We had Blake sent for at the lodging house and she came down stairs—the prosecutor stopped outside the room—when Lumley came out the prosecutor said she was the woman: then Blake came out and the prosecutor said something to Inspector Tydeman.
Cross-examined by Lumley. The prosecutor did not at first say you were not the women—directly he saw you he said, "That's the woman."
Re-examined. I am positive these are the two women that were shown us that night—Blake had a red blouse on.
Norton's statement before the Magistrate in the witness box: "On the night of the 10th at the corner of Little Lant Street. Barbara spoke to me. I used to live with her formerly and the prosecutor walked by and two men sprang from a doorway. I ran and heard someone say 'Stop or I will throw this.'I saw it was a policeman. He threw a truncheon which struck a wall and he fell and lay there a minute: then he got up and seized me and we met prosecutor. The policeman said.' Is this him. 'and the prosecutor said' That is one of them that's him.'I was taken to the police station. I am absolutely innocent."'
Norton in his defence said he repeated his statement: that he met a young woman whom he formerly knew and that she wanted to know where he lived and as he-did not want her to know he started running away when he heard a voice cry. "Stop or I will throw this stick." And then he was seized; and that he was innocent of the charge.
Lumley in her defence on oath said that at 12.30 on the night in question the prosecutor with two women met her crossing the road: that the women left the man who asked her if she could take him anywhere for the night: that she said No but if he would wait a minaute would sec: that she left him at the corner having recognised someone to whom she went to speak; when two men rushed from a gateway and she saw the prosecutor struggling with them and that she then went indoors and did not remember any more until she was arrested: that Blake was not with them haring said "Good night" and left them.
Blake then PLEADED GUILTY to a conviction of felony at the North London Sessions on July 22nd 1902. Three other convictions were proved against her. Norton was stated to be an associate of prostitutes and thieves and to have been convicted of living on the proceeds of prostitution. Lumley was stated to have been summarily convicted of assault and to be a violent woman and a great trouble to the police.
NORTON— Two years' hard labour. BLAKE— Eighteen months hard labour. LUMLEY— Twelve months' hard labour.
ADJOURNED TO MONDAY JANUARY 11TH, 1904.