CENTRAL CRIMINAL COURT
THIRD SESSION, HELD JANUARY 11TH, 1904.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
MESSRS. BARNETT AND BUCKLER,
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
STEVENS AND SONS, LIMITED, 119, CHANCERY LANE,
Law Booksellers and Publishers.
On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, January 11th, 1901, and following days.
Before the Right Hon. SIR JAMES THOMPSON RITCHIE , Bart., LORD MAYOR of the City of London; the Hon. Sir EDWARD RIDLEY , Knight, one of the Justices of His Majesty's High Court; Sir HENRY EDMUND KNIGHT , Knt.; Sir JOSEPH RENALS, BART.; and Sir ALFRED JAMES NEWTON , Bart., Aldermen of the said City; Sir FORREST FULTON , Knight, K.C., Recorder of the said City; Sir JOHN CHARLES BELL , Knight; HENRY GEORGE SMALLMAN , Esq., and WILLIAM CHARLES SIMMONS , Esq., other of the Aldermen of the said City; FREDERICK ALBERT BOSANQUET , Esq., K.C., Common Serjeant of the said City; 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 of the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT
RITCHIE, MAYOR. THIRD 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 (he name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, January 11th, 1904.
Before Mr. Recorder.
112. JAMES O'CONNOR† (30) PLEADED GUILTY to stealing a dispatch box and £5 15s., the property of James Head, having been convicted of felony at Clerkenwell on July 19th, 1902. Eighteen months' hard labour. —
(113) JOHN MILES (30) , to maliciously damaging a quantity of spirits, the property of William Peck; also to burglary in the dwelling house of William Peck and stealing two bottles of brandy, his property, having been convicted of felony at Clerkenwell on April, 7th 1903. Two other convictions were 'proved against him. Three months' hard labour. — [Pleaded guilty: See original trial image.]
(114) HENRY CHARLES JAMES LARKIN (26) , to stealing, whilst employed under the Post Office, three post letters containing orders for the payment of 0s. and 10s., the property of the Postmaster General. Nine months' without hard labour, in order that he should not lose his—pension. — [Pleaded guilty: See original trial image.]
(115) CHARLES MARCHMONT RICHMOND , to stealing £8 4s., the property of James Joseph Hicks, his master; also to unlawfully and willfully falsifying a ledger and a day book belonging to James Joseph Hicks; also to embezzling £1 1s. 6d., £312s. 8d., 12s. 6d., 7s., 19s. 2d.,8s., 15s., 15s., £2 18s., 10s. 6d., 15s., £3 3s., £2 0s. Gd., £3 11s., £2 4s., 19s. 6d., £4 9s. 6d., £1 14s. 3d., £1 16s., £4 9s., £2 14s. received by him on account of James Joseph Hicks, his master; also to feloniously marrying Emily Gertrude Birch, his wife being alive. Three years' penal servitude for obtaining money by false pretences, and eighteen month' hard labour for the bigamy and falsification of accounts, to run concurrently. — [Pleaded guilty: See original trial image.]
(116) JAMES SHIRLEY (19) , to stealing a towel, the goods of William King; also to stealing twenty-one golf balls, the goods of William Winton, having been convicted of felony at the West London Police Court on February 16th, 1893. Twelve months' hard labour.— [Pleaded guilty: See original trial image.] And
(117) GEORGE WILLIAMS to robbery on Thomas Lynch, and stealing 10d. his money, having been convicted of felony at this Court on December 10th, 1902. Four other convictions were proved against him. Three years' penal servitude. [Pleaded guilty: See original trial image.]
For cases tried in the New Court on Monday see Surrey Cases.
OLD COURT.—Tuesday, January 12th, 1904.
Before Mr. Recorder.
118. LILIAN FIRMAN (27), PLEADED GUILTY to feloniously forging and uttering orders for the payment of £4 1s. 3d., £4 0s. 6d., and £5, with intent to defraud, having been convicted of obtaining money by false pretences at Marylebone Police Court on March 21st, 1902. Eighteen months' hard labour.
MR. BIRON Prosecuted.
FRANCES HALL . I am the wife of James Hall, who drives the engine of a roundabout—we live at 11, London Road, and we have a rifle range there—I am a depositor in the Post Office Savings Bank—this (Produced.) is my bank book—I knew the prisoner when we were girls, but I had not seen her for about fifteen years until she came to me in London about Easter—I saw her from time to time until July when I went to Sheerness with my husband and the steam roundabout—I arranged with the prisoner that she should look after our business in London while we were away—she was to keep the business open and pay expenses and to keep the balance—we left on July 11th. and went to four different places—we left the prisoner plenty of stock, so she had nothing to buy—the rent was 22s. a weck for the shop and 6s. a week for her room for seven weeks; after which she was to move to a room over the shop in London Road, where she had to pay 1s. 6d. more—I think she moved in September—the most she ever had to pay was 29s. 6d. a week—I corresponded with her every week, and told her that if she wanted any money she was to let me know—she replied to my letters, but never suggested that she wanted any money—she said business was very bad, and I wrote and said that she was not to want for anything, and she never said that she wanted anything until the last week before I returned home in November—I had been home twice in the meantime—the prisoner was there when I returned—when I went home in the last week in October I asked her for my bank book—to the best of my knowledge I had left it in my dressing table drawer, which was not locked—I left everything unlocked because I trusted her—I had not wanted the book before that—the prisoner knew where it was because she had the use of the drawer—I had given her no authority to draw on my banking account, or to sign my name or to get any money from the account—when I asked her for the book she hummed and hawed about it, and said, "You don't want that, do you?"—I said "Yes," and she went and got it—then she said, "Do you know what I have done? I have drawn £2 from it to pay the rent"—I said
she had no right to do it, as she knew where we were and should have written for the money—she said that Mrs. Aaron, the landlady, had pressed her for the rent, and that is why she had done it—I said that Mrs. Aaron ought not to have pressed her, as if the rent was not paid she was to let us know—the date of the withdrawal was September 17th, by telegraph—I looked at the book, and asked her how she came to do it; she said, "I did it"—I did not take any steps against her then, as I was in a hurry to leave—I had then no opportunity of examining the stock which I had left on the premises, I was only in London for a few hours—the prisoner was going to give up the management when I returned on November 7th—I found then that there was no ammunition left.
By the direction of the RECORDER the Jury here returned a verdict of
NOT GUILTY .
MR. BIRON Prosecuted.
ANDREW SIBBALD LESLIE , I am cashier to Messrs. Muir & Son, Limited, of Carlton Hill Brewery, Edinburgh—on December 2nd I put a cheque for £30 5s. 9d. and an account into an envelope addressed to Messrs. A. Boake Roberts and Company, Stratford, London, with whom we had dealings—I put the letter in a box to be posted—I open letters coming to the firm—on December 5th I received this letter, purporting to come from Boake Roberts and Company, who are chemical manufacturers—(Read) "Gentlemen,—Herein please find cheque, which you kindly sent us. yesterday, we should, however, be greatly obliged to you if you will please cancel the enclosed cheque and in lieu of it draw an open cheque on your bankers, London agents or' others, to the order of Mr. George Scott, whose private address we enclose, as we wish to forward the cheque to him direct so as to avoid delay in his receiving it. Your kind attention to the carrying out of this matter at once will extremely oblige us on this occasion. We have advised Mr. Scott on the subject, and enclose for your use a fully directed envelope. Thanking you in anticipation, we beg to remain yours truly, Messrs. A. Boake Roberts, Limited. P.S. Your receipted statement will duly reach you"—this (Produced.) is the envelope which was enclosed, "Mr. George Scott, Gladstone Road, Stratford, London"—we wired to Boake Roberts on the following Monday, who communicated with the Post Office—we did not act on the suggestion contained in the letter.
CHARLES CURTIS FORD . I am secretary to Boake Roberts & Co., chemical manufacturers, Stratford—I opened the letters received on December 3rd—we received no letter on that day from Messrs. Muir, enclosing a cheque for £30 5s. 9d.—this letter to them is not written by
me or my firm, or with our authority—we had a telegram from Messrs. Muir and communicated with the Post Office.
CHARLES SAGGERS . I am an overseer at the Stratford Post Office, where the prisoner is employed as an auxiliary postman—he was on duty at that office on December 3rd, from 6.20 to 7.20 or 7.23 a.m.—the night mails from Edinburgh would arrive there at that time—Gladstone Road is an address on the prisoner's beat.—I know his writing—I should say these two documents are in his writing, to the best of my belief.
ARTHUR JONAS WATTS . I am a clerk in the Secretary's Office, at the General Post Office—some time before December 8th information was brought to me respecting a cheque which had gone wrong in the post—in consequence of certain information I spoke to the prisoner about it at the Stratford Sorting Office—I cautioned him and then said, "I am making inquiries respecting a letter containing a cheque for £30 5s. 9d., sent to Messrs. A. Boake Roberts & Co., Stratford, on December 2nd, by Messrs. J. Muir & Sons; the cheque was returned to the senders, requesting that an open cheque might be sent to Mr. G. Scott in lieu thereof: do you know anything about it?"—he replied, "I know nothing about it"—I showed him a letter purporting to come from Boake Roberts & Co., and the cheque and envelope in which it had been sent, and said, "Have you seen any of these documents before?"—he said, "I have not"—I asked him if he had any objection to his rooms being searched, and he said, "No"—I gave instructions for them to be searched, which was done by Vaughan, who brought to me the statement of account, and a draft of the letter which had been sent—I showed them to the prisoner, and said, "Do you wish to say anything to me about them?"—he said, "Nobody but myself knows anything about the matter; I did not intend to defraud: I wanted to pay the money back; I wanted to borrow some money, and I resolved to pay the money back at the first opportunity; it is evident that I must have got them from the Post Office, and they passed through my hands in the ordinary course; I certainly did not intend to keep the whole of the money, and I intended to pay it back at the first opportunity; the letter was addressed to Messrs. A. Boake Roberts & Co., Stratford"—afterwards he said, "I took the cheques, as I wanted to buy the 'Encyclopaedia Britannica': I did not want to buy it outright, but I wanted some money to make a few payments."
JOHN VAUGHAN (Post Office Constable.) On December 8th I searched the prisoner's rooms—he lives with, his mother at 2, Malvern Road, Bow—in his bedroom I found two papers, one apparently a proof of a letter and the other an account (Produced.)—when I arrested the prisoner he said, "I took them while they passed through my hands in the Post Office."
The prisoner. in a written defence, and in his defence on oath, said that he had intended to borrow some money, but would Have repaid it: that if the cheque had been sent by Boake Roberts, it would not have reached him (the. prisoner) or anyone known to him; that the letters found on him he intended to re-post; that Boake Roberts had not been defrauded of anything, as they still retained the cheque; that if he had got the open cheque from them, he would not have cashed it, and did not know why he had written the letter, and
that he had no dishonest intent.
He received a good character. Nine months' hard labour.
ROBERTS PLEADED GUILTY .
MR. BIRON Prosecuted.
SARAH WASTIE . I am an assistant to the post mistress at Kennington Cross—this post office money order for 1s. 6d. was issued by me on November 19th—it is payable at Richmond, Surrey, and an advice note was sent on there—it was made cut, as the original order was, for 1s. 6d.—I cannot identify the person to whom it was issued.
Cross-examined by Harris. All I can recollect is giving it to a boy.
WILLIAM THOMAS WEEDON . I live at 5, Park View, Ipswich, and am an evangelist—in November I advertised a concertina for sale in the Exchange and Mart—on November 20th I received this letter, dated from Kennington Cross: "Dear Sir, or Madam,—Enclosed please find money order for £3 15s. for concertina; please send same by return of post, or return money order"—£3 15s. is the price I asked—this is the money order I received—I sent off the concertina and also this book of instructions—that was before I changed the order, which is payable at the General Post Office, which I understood to mean in London.
Cross-examined. I have no knowledge of you.
By the COURT. I had had the concertina about eighteen months—I did not buy it as new; it cost me a good deal more than £3 15s.—this is it (Produced.)—the order was presented at the post office at Ipswich—it was not paid.
GEORGE SMITH . I keep a newspaper shop at 14, Windmill Row, Kennington—I remember Roberts coming, and in consequence of what he said I arranged to. take in parcels in the name of "White"—towards the end of November I took in the only parcel which arrived in that name—it was something like this concertina—Roberts fetched it—I knew him as White.
Cross-examined. I do not identify you at all.
CHARLES COLE . I am a pawnbroker's assistant, at 26, St. George's Road, Southwark—on November 21st a concertina was pawned with us by Harris in the name of Fred Wright—I did not know him before—this' is the ticket for 10s. 6d., which is about its value.
Cross-examined. I was not shown a number of men on December 10th at the police court, and asked to pick one out.
FREDERICK BROOKS (Post Office Detective.) I arrested Roberts, and afterwards saw Harris at Hammersmith Police Court, and I was present when he was put up for identification among other men—we were testing Mrs. Smith, the wife of the man who keeps the paper shop—Cole was not present then—as far as I know he was never shown the prisoner among a number of other men—I received from Aldridge four bottles of liquid
called the Eradicator—I made experiments with it—I applied the contents of bottle "A" to some writing, and after a moment or so I applied the contents of bottle "B"—I rubbed it over the writing with a glass rod. according to the directions, and the writing disappeared in less than a minute, and there is no trace of it—to make it more complete you can wash it afterwards and make it quite clean—the unfortunate part of it is that you can buy the stuff at shops—the bottles were found in Harris's locker at the lodging house—I was with Aldridge when they were found.
Cross-examined. I swear Cole was not present when you were put up for identification—Mrs. Smith identified Roberts, not you—you were picked out in some cases.
By the COURT. The book of instructions was found in the parcel which had contained the concertina.
ALBERT ALDRIDGE (Detective T.) In consequence of information I saw Harris at Rowton lodging house at Hammersmith about 12.30 a.m. on Dec. 4th.—I said, "What is your name?"—he said, "My name is George Harris"—I said, "You answer the description of a man wanted with Harry Roberts for forging money orders"—he said, "I do not know Roberts," but afterwards he said, "I have had breakfast with him"—I told him I was a police officer, and should take him to the police station—he said he had a weekly ticket at the lodging house—I asked him if he had a locker, and he said he had not—as he was leaving the house he threw a key away—I took him to the station, and afterwards returned to the lodging house with Brooks—we opened the locker with this key (Produced.)—we found four bottles of "Eradicator" and the book of instructions for the concertina—the key is No. 764—I was present when Harris was put up for identification—on none of those occasions was Cole present—he afterwards picked him out at the police court.
Cross-examined. I did not see you drop the key—the head porter saw it, and sent it to me at the station.
Re-examined. After I had described Roberts to Harris he said they had had breakfast together—I have not seen them having breakfast together—he suggested that they had had breakfast together at St. Martin's Coffee House, Fulham Palace Road.
By the prisoner. I found a watch and chain and other things on you—I asked you where you got them—you said you bought anything you could cheap and then sold them.
HERBERT TARR . I am head porter at Rowton House, Hammersmith—on December 4th I believe the prisoner had been living there for about a fortnight—he had a locker, and this is the key which refers to it—I remember him being removed by Aldridge on December 4th, and as they were leaving the lodging house I saw the prisoner throw away or drop a key, No. 764, just by the front door—I picked it up, and afterwards gave it to the police—there is a locker for every lodger who has a weekly ticket—Harris was a quiet and respectable man in the house—the prisoner had a weekly ticket, otherwise he would not have had a locker.
Cross-examined. About 720 men lodge in the house every night.
By the COURT. This key belongs to Harris's locker; the lodgers pay 6d.
each for them, and when they return the key they have od. refunded—I do not know that several lodgers have one locker between them—each locker has a different key—if anybody shares a locker with anybody else they do so at their own risk—I knew Roberts as a lodger; he was there at that time as a weekly lodger; he had been in the house for about three weeks—I have seen them together—we close the house at 12.30 a.m., but if a man is working late he can come in if he has a ticket—there are two night porters.
Harris, in his defence, said that he got into conversation with Roberts, who then shared his (Harris's) locker, and put some things in it, amongst them being the chemicals and the book.
HARRY ROBERTS (The prisoner). I am a kitchen porter out of employment—you only knew me casually—we met in the reading room at the Rowton House—we had breakfast together on several occasions—I had not got a locker, so put some things in yours, amongst them being the chemicals and the concertina.
By the COURT. I had the chemicals given to me by another gentleman who is not in custody—I first met him accidentally in the Strand—it was he who first put me on to the money order business—Harris does not know anything about these things; he could only read the instructions—I do not know if he did so—I did not try the chemicals—I did not alter the money order; it was the man in the Strand who did it—I do not know his name—I did not tell Harris what the chemicals were for—I have pleaded guilty to buying the money order at Kennington Cross, but I had nothing to do with altering them—the gentleman in the Strand also gave me the book of music.
Cross-examined. I last saw the man on the morning that I was arrested—I do not know where he lives, or anything about him—he asked me to mind the bottles for him—I did not know that he altered money orders—I was out of work, and he gave me 6d. to buy the orders—I did not know what he was going to do with them—I refused to get them at first, because I knew you had to fill up forms, and I did not know where he lived—I went to get the concertina—I did not send the order to Mr. Weedon—I did not write this letter—I gave the concertina to the gentleman, and I have not seen him since—he asked me to keep the book of instructions—he opened the parcel, and I saw that there was a concertina inside—I gave it to Harris, and he put it in his locker—I do not know why I should have the book—I took the bottles home and asked Harris to mind them for me—I was to meet the man at Charing Cross Station in the evening of the day I was arrested, to tell him if there was another parcel for him—I was calling for a letter in the name of A. Dent at another shop when I was arrested—I do not know what it contained—I gave the things to Harris because I. had no locker of my own—I bought one afterwards—this is the key, No. 320; it was found on me—I first received the key on the day before I was arrested—I was going to take the chemicals from Harris and put them in my own locker, but I was arrested.
when Roberts had it; this book will not show it—I have now examined the book, and can find no issue of this key since October 17th, which indicates that it must have been issued before that, or that he must have got it off some other man.
HARRIS, GUILTY . They then
PLEADED GUILTY to convictions of felony, Roberts as Frederick Smith, at Lambeth Police Court on July 7th, 1903, and Harris at South London Sessions on March 10th, 1899, as Frederick Holland. Two other convictions were proved against HARRIS— Three years' penal servitude.
ROBERTS— Twelve months' hard labour.
NEW COURT.—Tuesday, January 12th, 1904.
Before Mr. Common Serjeant.
122. GEORGE HAMMOND** (58) PLEADED GUILTY to forging and uttering an order for delivery of goods, also to attempting to obtain a dozen bottles of Lemco and other goods from Henry Bates, and Crosse & Blackwell, and obtaining from William Hyam and Lazenby & Sons four dozens of Bovril and other goods by false pretences, having been convicted of felony at this Court in September, 1899. There were six other convictions against him. Five years' penal servitude. —
(123). JOHN STUBBERFIELD , to unlawfully converting to his own use £127 18s. 5 1/2 d. received by him on account of members of the Shaftesbury Mutual Loan Investment Club. Four months' imprisonment in the second division. — [Pleaded guilty: See original trial image.]
(126) JOHN WILLIAMS (47) , to stealing a box and twelve suspenders belonging to Eugene Julian Bradstreet and others, having been convicted of felony at this Court in November, 1891, in the name of John Taylor. Eleven other convictions were proved against him. Five years' penal servitude. [Pleaded guilty: See original trial image.]
MR. J. P. GRAIN Prosecuted.
ALICE KINGLOCK NICOLET . I am housekeeper at the Abyssinian Gold Jewellery Company's premises, 143 and 144, Holborn—I do not live on the premises—my duty is to see the premises, safely locked up at night and to unlock them in the morning—the company occupy the second, third and fourth floors—on Saturday, November 28th. I went over the premises except the loft, and saw that they were safely locked just before 5 p.m.—the following Monday I opened the premises—I went to the second floor and switched up the light—I saw a pane of glass out of the door leading off the landing—the top part had been cut out of the beading—I looked for the glass, and found it standing whole, alongside the wall and the beading and two ladders which are used for the boxes—then I saw marks as if someone had got in—I went down stairs to the painter, whom I had let in to work, and he went for a policeman, who came.
FREDERICK BOWDEN (Detective Officer.) On Saturday, December 5th, I was with Detective Sharp, shortly before 11 p.m., in Dean Street, Soho—I noticed the prisoners—Perry was carrying this parcel, neatly tied up in brown paper, with this strap round it—I followed them some distance—Perry gave the parcel to Stevens—I went to them and told them we were police officers, and that we wanted to know what the parcel contained—Stevens said, "I do not know what is in it; it is bung to me"—Perry said, "I know nothing about it"—"bung" I take to be slang for "handed over"—I took the parcel; it contained watches—I took Stevens into custody—he said, "It's just my b——luck"—they were taken to the Vine Street Police Station—the parcel was opened in their presence—it contained fifty ladies' dress rings, an imitation diamond gold-bracelet, nine gun metal watches, fifty-nine gold watches, and the other articles mentioned in the list produced—on him were found the brown leather purse, a silver one, a gentleman's gold ring with imitation diamond, eye glasses, a ticket, and the other articles produced—when the parcel was being opened Perry said to Stevens, "This is a fine thing you have done for me"—the prisoners were afterwards handed over to the City Police—at Vine Street Police Station I asked Perry for his address, which he gave as 6, Richmond Buildings, Dean Street, Soho—I went there and saw Perry's mother, who showed me his room—I searched it and found this bunch of twenty-five keys, which would fit almost any door; also two watches of Abyssinian gold—I took them to Vine Street and showed them to Perry, telling him where I had found them—he said he was minding the watches for Stevens, and that he had had the keys a long time.
ROBERT SHARP (Detective Officer.) I was with Bowden, and confirm his evidence—on the way to the station I saw Stevens drop a small lady's. gold watch in the street, from his left hand pocket—he had his hand in his pocket—I took Perry to the station—on the way he said, "Well, I do not know what is in it" (The parcel); "we Only went and had a drink round the corner, and I hope there is nothing wrong; he gave me the parcel to carry, but I do not know—what was in it," and that he had only met him a time or two previously and had a drink.
EDWARD DREW (Police Inspector C.) I saw the prisoners at Vine Street on December 5th. shortly after they were brought in—I asked Stevens if he could account for the possession of the parcel—he said they were in a public-house in Dean Street and saw it lying on a seat, and thinking someone had gone out and left it, and had forgotten about it, he asked Perry to carry it for him, but he did not know what it contained, until they were stopped and the parcel examined—Perry said, "All I know about it is he asked me to carry it for him"—they were detained pending inquiries, and information was circulated throughout the police stations—the next morning, Sunday, two watches having been found at Perry's address, I showed them to him, and told him they had been found at his house, and that the result of inquiries was they were believed to be identical with some of the property stolen from a warehouse which had been broken into in the City—he said, "Stevens gave them me on Thursday to mind"—I then confronted him with Stevens and told Stevens the result of the
inquiries, and that these two watches had been found at Perry's house, and what Perry had said—Stevens said, "Yes, he was not in the job; I was there, but did not go in the place; someone else was there, and went in and got the stuff; I do not know who was there, but you have got all the stuff that I had out of it"—the prisoners and the property were handed over to the City Police, and the property identified—the premises are just within the City.
WILLIAM NEWELL (City Detective.) In consequence of a telephone message received in Old Jewry I went to these premises on the morning of the robbery—I went to the first floor first—from that floor there is a ladder leading to a trap door in the roof from a box and lumber room—there is a ledge there—the fastening of the door had been forced, apparently with this case opener, which belongs to the firm, and was found on the second floor, some white substance from the wall still adhering to it—the fastening of the trap door had been forced, and was open—I got through the opening on to the roof—between Nos. 143 and 145 is a low parapet wall—the premises are new—Slaters, the contractors, occupy No.145—I got over the wall and examined the top of Slaters' premises—about half a dozen glass panels in the upright part of the roof had been removed, leaving space for a man to get through into Slater's premises—a glass panel about a yard square had been forced from the door leading from the landing on the second floor, apparently by this screw driver, as there were marks on the wood work where the painters had been employed—I went to Vine Street on the Sunday morning and told the prisoners they would be taken to the City and charged—Perry said, "You cannot bring that charge against me for just meeting a man in Dean Street and speaking to him"—Stevens said, "You have got all the stuff I had out of it"—on the way to the City Stevens said, "I was there, but I did not go inside"—I had said that a short man was there—he said, "You are quite right about a short man being there, but that it was not him," pointing to Perry.
Cross-examined by Stevens. Your words were not, "That is all I have seen of it"—I wrote down at the time what you said.
STANLEY DAVID PYKE . I am assistant manager of the Abyssinian Gold Jewellery Company, Limited, at their head office, 143 and 144, Holborn, and which abuts upon Brook Street—they have a number of other shops—on Saturday, November 28th, we had three cases packed with Abyssinian and real jewellery, ready to be sent to Bristol on the Monday—the cases were roped and sealed, and would have been sent on 28th but for unavoidable delay—the total value was about £400—the list is produced—when I came, about 9.30 on the Monday, the premises had been broken into and the police were in charge—the padlocks had been broken off the cases and the ropes cut, and about £360 worth of the contents gone, estimated at the cost price—goods were strewn about the floor—about £400 worth was stolen—all the articles produced are the company's property—the greater portion was in the cases—this is our watchmaker's eye glass—this is one of our show card tickets—the goods are kept in iron safes and in case—
we were getting ready for a new branch—we keep on adding to them—the painters had been on the premises about three weeks—they were at work while the cases were there—they had been in the room where the cases were, to do the windows—they were painting the doors and the skirting on the staircase—the cases could not be seen from the staircase when the door is open, because there is a partition.
MARTHA LAURA LEE . I am manageress to Slaters, which is next door to the Abyssinian Gold Company's premises—this strap is similar to one which was left in the dressing room on the third floor round a straw basket belonging to one of our young ladies—I missed it on the Monday, when I found the premises had been broken into.
Stevens' statement before the Magistrate: "I deny entering the premises of the Abyssinian Gold Jewellery Company."
They then PLEADED GUILTY to previous convictions; Stevens** at Clerkenwell in May, 1901, in the name of James Davidson; and Perry** at this Court of uttering counterfeit coin in November, 1897.
STEVENS— Eighteen months' hard labour.
PERRY— Fifteen months' hard labour.
MR. ORMSBY Prosecuted.
JOHN GEORGE LANGLEY . I am a sword swallower—on December 19th I was at the Three Magpies, Arlington, about 10.30 p.m.—they close at 11 p.m.—I passed my sword round for inspection, to Head amongst others—he swung, it above his head—I asked him for it—he gave it me back—I put it in its scabbard and began playing a mouth organ—he said, "I would not give it to no other, barring you"—I said, "That's all right, chummy; no ill feeling"—I stepped back to play the mouth organ, when he fetched me a blow on my mouth, and asked me if I wanted another one—when I went out Head and Smith were waiting—both of them struck me a violent blow in my face, one on each side and one in the back—I tried to hit back, but have only one arm to use—I went down a lane about fifty yards—then it became a fight between two of us—both of them knocked me about—I did the best to defend myself—I felt something in the small of my back—I was forced to take my coat and waistcoat off to defend myself—Dr. Donaldson came to my house—then I went to the Cottage Hospital at Hanwell, and saw Dr. English—I was kept there four days—I feel the effects of a stab now just below my shoulder blade—this is the shirt I was wearing, which shows a cut and the blood from my back—the prisoners struck me first.
Cross-examined by Head. I did not on being turned out of the public house say, "You are a clever sort of bleeder, trying to take the rise out of me by using my sword when I did not touch it"—I did not follow you a hundred yards down the road, and cut your finger, nor give you a black eye—there was no quarrel—I was struck the first blow—the bother was caused because I asked for my sword—I did not complain of your
spoiling my trick—I was in the house from 10.20 to 10.55 p.m.—you used the word "damn," and struck me again—I did not steal your basket with 4s.—id. worth of food in it: I never saw it—I did not go up the lane with a party—I was not drunk—no one went with me, only the landlord of the public house.
EDWARD WARREN . I am a labourer—I was in the Magpie on December 19th just before 11 p.m.—I saw Head and Langley rowing in the tap-room—when they were turned out, about five to 11, they started outside in the road—then they went down a lane—I heard Langley shout, "Come on, come on"—when I got down the lane I saw Head and Langley on the ground—I parted them, and picked Langley up—he said, "I cannot stand"—I took him home—when I had got him indoors I took off his shirt—it was covered in blood—I saw that he was stabbed in the back—I gave information to the police—I did not see Smith take part in the fight—he was outside—I did not see him down the lane.
HARRY PAUL (Station Sergeant, 71 T.) I am stationed at Arlington—on the morning of December 20th I went with "Warren to Heath Row Hill Farm—Smith was pointed out to me first—I told him I should take him into custody for stabbing a man in the roadway—he replied, "I should think so, but they did not half give me something"—I cautioned him that what he said would be used in evidence against him—I felt in his right hand pocket and found this knife—it had blood on it, which I showed to him—he said, "I own I had the knife in my hand at the time, for they were knocking me about"—I handed him over to White and arrested Head—I told him I should arrest him for being concerned with Smith in stabbing a man in the roadway last night—he said, "They did not half give me something, and hurt my finger"—we took the prisoners to Arlington Police Station—when I further examined the knife, Smith said, "I was cutting a piece of tobacco"—I then cautioned them both that what they said would be used in evidence against them—Smith replied, "I know you will bring what I say against me, but I did not mean to do it.'
EVELIN ARTHUR WALLACE ENGLISH . I am a medical practitioner, and on the staff of the Hanwell Cottage Hospital—I saw the prosecutor on the morning of December 20th—he had several bruises on his left side, a punctured wound in his back, level with his left shoulder, an inch wide and two inches deep—that wound might have proved dangerous, but it is not so—this knife might have caused it.
WALTER WHITE (65 T. R.) I went with the station inspector to this farm, when Head was handed over to me—Head handed me this knife (Another) on the way to the station—he said, "Do you think a knife like this would do it?"—he also said he was knocked about, and had a black eye.
The prisoners' statements before the Magistrate: Head says: "I am
Smith says: "I am not guilty of doing it; it was quite an accident."
NOT GUILTY ,
OLD COURT.—Wednesday, January 13th, 1904.
Before Mr. Justice Ridley.
129. WALTER THEODORE FELDON (43) PLEADED GUILTY to unlawfully converting to his own use and benefit, and obtaining by false pretences, cheques for £18 5s. 6d., £23 7s., £21, £5 15s., £45 7s., £23 11s. 6d., £58, £10, £116 11s. 11d., £49 10s. 3d., £73 12s., and £83, received on account of the Commoners and Citizens of London, his masters; also to embezzling and stealing cheques for £18 5s. 6d., £23 7s., £21, £5 15s., £45 7s., £23 11s. 6d., £58, £10, £116 11s. lid., £49 10s. 3d., £73 12s., and £83, received on account of his said masters. ( The facts were not stated, and the case was adjourned till next Session. )
On the evidence of Dr. James Scott, the medical officer at Brixton Prison, the Jury found that the prisoner was insane and unfit to plead. To be detained during His Majesty's pleasure.
MR. BODKIN and MR. LEYCESTER Prosecuted; MR. HUTTON and MR. CURTIS BENNETT Defended.
WILLIAM WOODS . I am a clerk, of 295, City Road—on October 3rd I let a kitchen and a room to the prisoner and his wife—they are Germans—they had a little boy, named Walter, with them about six months old—one room was on the first floor, and one in the basement—the prisoner is a butcher—he and his wife lived on amicable terms—I have seen him with the child—he seemed to treat it very well—on January 1st, ibout 1 a.m., I heard a noise—I looked out of my room—at the foot of the stairs I saw the prisoner's wife crouching in the corner, outside the door, trying—the prisoner was standing over her—I went down towards them—I did not particularly notice his condition—her clothes were wet—he and his wife spoke together in German, which I could not understand—I think they were only talking, not disputing—he was gesticulating—the woman got up and went into their room on the ground floor; the prisoner Allowed her and struck her—I went into the room after them and got between them—the prisoner struck me with his fist—I did not notice what condition he was in then, except that he was angry—I did not notice of he was drunk—his wife appeared to be sober—I went out and complained to a policeman—I returned alone, and found that the house was quiet—about 2 a.m. I heard sounds of glass breaking, apparently in he back yard—I went straight for the police—while I was outside the louse, looking for them, I heard some people in the garden crying out—the prisoner's wife ran out of the front door into the garden—I got the police and went back to the house with Constable Lane—I went through the house into the back yard—I saw the prisoner there, sitting on the wall between two yards, apparently in a dazed condition—I did'
not notice if he had a hat on, or how he was dressed—his trousers were torn—the police brought him back into the house—I did not hear him speak—in the kitchen I saw the child's perambulator, and the child's body in it.
Cross-examined. I had seen the prisoner day by day while he was in my house—he appeared to be a quiet and well-educated man—I have never seen him the worse for drink—he was generally on good terms with his wife—as far as I could see he was a kind husband—he appeared to be very fond of his child.
WALTER LANE (18 G.) About 1.50 a.m. on January 1st I was on duty in City Road—I was called to No. 295—there was a small crowd outside—I saw Woods there—the prisoner's wife came out of the house, and Woods and I went through the house to the back yard, where I saw the prisoner sitting on the parting wall apparently asleep; he had no hat on, but he had an overcoat; I shook him and said, "What are you doing?"—he made no reply—I assisted him off the wall and took him into the basement of the front kitchen—when I got him oft the wall I noticed that his hands were covered with wet blood, and his trousers were torn in the right leg—in the kitchen I saw the child's body in a perambulator; it was dressed in its night clothes—it appeared to have been put to bed in the perambulator—it was dead when I first saw it; it had a cut in its throat—the prisoner was drunk; he smelt very strongly of drink, and staggered about as I was taking him to the room from the yard—when I first saw him he was sitting near the dust bin on the wall dividing the garden from the next—I did not see the knife found—I pointed out to the inspector where I had found the prisoner sitting.
Cross-examined. I took the prisoner to the station—I should say he was undoubtedly drunk.
LABAN LYNES (Police Inspector G.) About 2.30 a.m. on January 1st I went to 295, City Road, where I saw the prisoner detained in the front parlour basement—he was very drunk, vomiting, and smelt very strongly of rum—his hands, especially the backs, were covered with blood—I saw the child's body in the perambulator—Dr. Newton was sent for, and he arrived shortly after I got there—the prisoner and his wife were sitting on the bed, and the sergeant was holding the prisoner—a case of clean butcher's knives was lying open in the room, and in the back yard I found this knife (Produced.) lying by the dust bin; it was covered with blood on both sides—Lane pointed out to me the place where he had seen the prisoner sitting, which was immediately above the place where I found the knife—the prisoner was taken to the station; an interpreter was called, and he told me what the prisoner's reply was to the charge—the prisoner said to his wife, "Did I do this, or did Anthonie; speak the truth, say what you did to the child; I was out last evening, I never done it; should it come that I should murder my child that I love so dearly"—that was said at about 4.45 a.m.—he was brought to the station about 3—during that time he was sitting in a chair asleep—at 4.45 he had very much recovered from the drink, and seemed able to understand what was being said to him—he was slightly under the influence of drink when,
he made that statement, but not so much as at 2.30 or 3—at his lodgings I found that water had been spilt about—there were glasses and cups on the table, and an appearance of vomiting, also an ordinary pint and a half bottle of rum containing about half a quartern—the glasses had apparently contained rum.
Cross-examined. I also examined the kitchen—I found no blood there—there was very much blood in the perambulator; it had flowed down on to the floor—I heard from the prisoner's wife that the prisoner went out about 10 p.m., and returned at 11.45 with the bottle of rum—she said he appeared to have been drinking during that time.
AARON LICHENSTEIN . I am an interpreter at Worship Street Police Court—on the morning of January 1st I was called to the City Road Police Station, where I saw the prisoner in custody—I told him in German that he was charged with the wilful murder of his child—he said, addressing his wife, "Tony, did you do it or did I do it, speak the truth?"—he seemed very surprised—I cautioned him that anything he might say would be taken down in writing—I accept the translation given by the inspector.
WILLIAM THOMAS NEWTON . I am a medical practitioner, of 36, King's Square, and on January 1st I was acting as divisional surgeon—I was called about 2.30 a.m. to 295, City Road, and in the kitchen I saw the body of a child in a perambulator; it was recently dead—there was an incised wound on the upper lip about 1 1/2 in. long, another in the neck from one ear to the other, dividing the tissues and very deep; another one 1 in. long, about the right ear, and another behind the right ear, all incised—the one in the throat was one which would be almost immediately, fatal—from the post mortem examination I found that the body was that of a well-nourished and healthy child—the cause of death was syncope, caused by the wound in the throat—I also saw the prisoner there; he was in a state of extreme intoxication, and smelt strongly of rum—I noticed blood on the back and a little on the palms of both his hands—his wife appeared to be sober—I noticed no sign of blood upon her.
Cross-examined. The child appeared to have been well attended in its life time; it was clean and properly looked after.
GUILTY. Very strongly recommended to mercy by the Jury. DEATH .
NEW COURT.—Wednesday, January 13th, 1904.
Before Mr. Recorder.
MR. THATCHER Prosecuted.
JOHN CARR . I am an able seaman—on December 23rd I was paid off the ship Lake Michigan at the Milwall Dock, £4 0s. 10d.—I went straight to the Red Cross public house, where I treated the prisoners, Flannaghan saying that he was hard up—I drank with them—when I left Flannaghan struck me in my face; I staggered, and O'Connell struck me on the other
side—I fell, he pulled the handkerchief off my neck, and the other chap kicked me on my side—I turned over to save my money, but they turned me hack again—Flannaghan put his hand in my pocket, and my money went all over the ground—I shouted for help two or three times—Flannaghan kicked my elbow and knocked my arm away—I was in the gutter, and saw the police and two witnesses—they asked me what was the matter—I told them I had been kicked and robbed.
Cross-examined by O'Connell. I was with a shipmate—I was sober—I promised to meet my mate at the corner of Lille Street—I did not carry on in the public house, and become quarrelsome—I did not put my money on the counter and say I had lost a sovereign; I paid a sovereign and got 19s. 1d. change—I said at the Police Court that you struck me on my jaw and kicked me and stood on me—I lost £2 17s.—I had 2s. 3d. left—I spent thirteen pence at the public house—my mate and I called for drink—I treated you twice—I had one drink—I did not buy any clothes—I said at the Police Court that my handkerchief was worth 4s. 6d.—it was a muddy evening—the assault occurred between 6 and 7—I saw the prisoners at the police station about twenty minutes afterwards, about 8 o'clock.
JOHN NEWMAN . I am a fireman—on December 23rd I was walking along Upper East Smithfield about 7 p.m.; I saw Flannaghan running away from Carr, who was on the ground—Carr complained to me of having been knocked down, kicked, and robbed—I reported the case to 474 H., and pointed out a boarding house which I saw the prisoners run into—the policeman brought them out, and I identified them as the two men I had seen running.
Cross-examined by O"Connell You ran as quick as you could into the boarding house, which was about 5 yards distant—you were the only two I saw running—dirt and mud were on the prosecutor's back and the side of his trousers.
GEORGE EARLY . I am a sailor—on December 23rd I heard a cry for help in Upper East-Smithfield—I hurried up, but the fellows ran into a lodging house—Flannaghan was one—I went and helped to pick Carr up—he complained of having been kicked and robbed—Newman and I fetched a policeman, and Carr and Newman identified the prisoners—I saw them brought out of the lodging house.
Cross-examined by O'Connell. Carr was sitting on the ground—I did not notice any mud on him.
Cross-examined by Flannaghan. I remember your face—you ran about a dozen yards into the boarding house.
WILLIAM EVERSFIELD (174 H.) About 7 p.m. on Wednesday, December 23rd, from what Newman said to me, I went and saw Carr, and then, with another constable and Carr, to the underground kitchen of Eldon Chambers, close by, where about twenty-five men were sitting about on forms—Carr seemed frightened; I said, "Don't be frightened; they won't touch you"—he pointed to O'Connell, who was near the door, and said, "That is one of them"—I saw Flannaghan behind another man hiding his face—I said to Carr, "Look of this one"—Carr said, "That is the one who struck me in the face, kicked me, and knocked me down"—I told the prisoners I
should take them to the station—both of them said, "All right, I'll come quiet"—these two caps were handed to me—Flannaghan had not one, but. said neither belonged to him. and on the way to the station he said, "Just because. I had a few drinks he wants to do me in, but I know who did it; what if I kicked up rough?"—I said I would put my stick over his head if he did—he said, "The landlady who keeps the Red Cross can get us out of this if she likes"—I showed a cap to O'Connell, but he would not touch it—Carr lost his cap.
Cross-examined by O'Connell. The prosecutor had been drinking, but he was not drunk—he said you knelt on him—the evening was muddy; his clothes were very muddy, mostly down one side and part of his back—where he told me he was kicked he was covered in mud—he said at the police court that you struck him, and that Flannaghan struck him three times—he said you held him down, but he did not say anything about your having any of the money—I think he had 11s. or 12s., but I did not count it.
Cross-examined by Flannaghan. I saw his elbow bruised—he said you kicked him on his elbow—his face was red, and he said you struck him—he complained the next morning that his ribs were hurt.
FRANK ABRA (238 H.) On December 23rd. about 6.13 p.m., I received information in East Smithfield from a woman, that a man had been knocked down near the lodging house—I went down the street and saw Carr—he was then standing—he complained of having been assaulted and robbed by some men who had run into the lodging house—I went into Eldon Chambers with him and Eversfield, where there were about twenty-five men—Carr appeared frightened; Eversfield told him not to be frightened, but to point out the men who robbed him—he pointed out O'Connell, who was sitting on a form on his left in the kitchen; putting his hand on his shoulder, he said, "That is one"—then he had a look round the kitchen: Eversfield drew his attention to Flannaghan, who was crouching behind some other men, pretending to be asleep; I could see his face, but he was resting on his arm on the table—Carr said, "That is the other man; he hit me and then kicked me"—the prisoners were told they would have to come to the station—I took O'Connell, who said, "All right, governor; I will come quiet"—on the way to the station he said, "It. is bleeding well all right: just going for a drink, I have got this lot"—when charged he made no reply—Flannaghan, in answer to the charge, said, "The landlady at the Red Cross can get us out of this lot if she likes."
Cross-examined by O'Connell. Carr was sober.
The prisoners' statements before the Maqistrale: O'Connell says: "That man treated me twice in the public house. He left with about five or six men. Five minutes after I left I went towards the lodging house to inquire after a party I wanted to see. I saw the crowd a little higher up I went to sec what was the matter. I saw the prosecutor on the ground. I stopped to have a look, and identified the prosecutor. I thought I had best get out of this in case I got into trouble. I retraced my steps to the lodging house and asked for the party. The man at the door showed me down to the kitchen. A minute or two afterwards down came the constables
stables and charged me. I have worked for the London County Council and the National Telephone Company and have never been in trouble in my life." Flannaghan says: "After this gentleman left I stopped in the public house. I went and had a sleep, and down came the constable and charged me."
FLANNAGHAN** then PLEADED GUILTY to a conviction of jelony at Barnet on August 19th, 1903. Four years' penal servitude.
O'CONNELL— Judgment respited.
MR. J. P. GRAIN Prosecuted.
GRAHAM PATRICK BARRETT . I am a clerk—I live at Maclise Road. West Kensington—on December 24th I was at Liverpool Street Railway Station on my way to Frinton, to spend Christmas—I had this bag (Produced) with a label on it, "G. P. Barrett, Passenger to Frinton-on-sea"—I left it on the platform a minute or two—when I came back for it it was gone—I afterwards saw it in the possession of a porter—it contained the suits of clothes and other articles mentioned in this indictment.
Cross-examined by prisoner. I was the first witness called at the Mansion House—I went on to Frinton, returned to go before the Lord Mayor on Boxing Day, went to Frinton again and came up on Sunday night.
GEORGE CRAWLEY . I am a porter at the Liverpool Street Station of the Great Eastern Railway—I have seen the prisoner at the station on several occasions—on December 24th he. walked about among the people, going in and out—he went on No. 9 platform about 2.15 p.m.—he followed two gentlemen, who each had a bag—I saw the. prosecutor put his bag down on the platform and leave it about four minutes—the prisoner turned towards it, hesitated a moment, then picked it up and walked away with it—I followed up to the office doorway, met a fellow servant and said, "Look up, George." and the prisoner dropped the bag and went through the main line booking ball under the archway, up the staircase, and was about to enter the suburban booking hall, when I gave him in charge to a constable—he said he did not know what I meant; he did not know anything about the bag.
Cross-examined. I had not the bag on my shoulder when I gave you in charge—I did not handle it—I did not ask a lady if it belonged to her—she did not say "No"—I took it, by the constable's orders, to the police office,—I saw the gentleman put the bag down, and you pick it up—an inspector spoke to the prosecutor outside, while a constable, and you and I were in the office.
GEORGE JONES . I am a porter at Liverpool Street Station—Crawley called my attention to a bag. and I saw what happened—I saw the prisoner drop the bag, then he went right through the main line booking office.
WILLIAM STEVENS (Constable G.E.R.) On December 24th the porter Crawley gave the prisoner into my charge at the Liverpool Street Station for stealing this brown leather bag—he said he knew nothing about it—
he was taken to the police office and afterwards handed over to a City detective officer.
Cross-examined. The porter did not ask a lady if the bag belonged to her—he brought it to the office, where the statements were taken—Crawley was not taken outside with the prosecutor.
HENRY BEECHRY (City Detective.) I received the prisoner in custody from the Croat Eastern Railway officials for stealing a bag—when formally charged he said, "I know nothing about it"—the inspector asked him his name and address—he replied, "I shall tell you nothing; it is your place to find out"—we have not been able to find out—he was brought up on the 26th.
Cross-examined. You did not say, "The railway people have given me in charge; any further information you require you must get from them."
The prisoner's statement before the Magistrate: "I am not guilty. I know nothing of it."
GRAHAM PATRICK BARRETT (Re-examined by the prisoner.) The officer asked me. "Will you charge this man?"—then I asked if I could charge him when I did not see him take the bag; he said, "Yes," and I did charge him—I made a mistake in my first statement and corrected it outside the office—I was the only one taken outside.
The prisoner, in his defence on oath, denied all knowledge of the bag, or that he visited railway stations habitually.
GUILTY . Twelve months' hard labour.
MR. LEYCESTER and. MR. GRAHAM CAMPBELL Prosecuted.
ALBERT EDWARD BRIGHTWELL . I am an estate agent at 54, Salford Road, Streatham Hill. I let 104a, Sternhold Avenue in December, 1902, to Mr. Alfred George Coombs—I have seen the prisoner come out of that house once—Mrs. Coombs is still there.
Cross-examined. If you are Mr. Coombs, the lady is your wife.
HENRY PHILLIPS (City Detective Inspector.) I knew the prisoner in 1901-2 as Valentine Lacy Coombs—prior to October, 1901, he was an invoice clerk to a firm of East India merchants in the City for ten years—in the summer of 1902 he was living at 5, Cavendish Gardens, Clapham Park—I received a warrant for his arrest, and on December 22nd I went with another officer to Streatham Hill with that warrant—I saw the prisoner outside Streatham Hill Station—I said, "Valentine Lacy Coombs, you know me, I have a warrant for your arrest in the name of L. C. Vincent for fraud"—he made no reply then—I took him to 104, Sternhold Avenue—there I read the warrant to him—it referred to Russell's case—he subsequently said, "I do not quite understand the nature of this charge; I have never received anything from Mr. Russell"—at that address I found sixty-five, envelopes addressed to sixty-five secretaries of public companies in the list produced—one I opened, and read the letter. it
contained—while there this telegram came, which he opened, read, and tore up—I took it from his hand and placed it together—it reads, "Bought 100 Atcheson Common, 11. 69. 16. Please state name of bankers when writing to-night.—Debenture"—I also found this printed list of members of the Stock Exchange and stock brokers—I have seen the prisoner write—these letters are his writing (These were applications to various secretaries of companies for recommendations to brokers.)
Cross-examined by the prisoner. I found the documents on your writing table in the dining room.
FRANK ARTHUR STRAY . I am the secretary of the Agricultural Hotel Company, Limited, and the Salisbury Hotel, Salisbury Square—I never saw the prisoner till I saw him at the Police Court—I received this letter, dated November 20th, 1903, purporting to come from L. C. Vincent: "Dear Sir,—Can you recommend a firm of stockbrokers. Thanking you in anticipation of an early and favourable reply"—I replied, If you are wishing to deal in the snares of this company, I would recommend you to communicate with Messrs. David Russell, stock brokers, 37, Walbrook, E.C."
Cross-examined. I assumed that your object in writing was that you wished to bona fide invest in the shares of our company.
DAVID RUSSELL . I am a member of the Stock Exchange, at 37, Walbrook—on July 30th, 1902, I received this letter, signed "G. R. Edwards. Cavendish Gardens, Clapham Common, 29/7/02. Dear Sir,—Your firm having been recommended to the writer by A. H. Jones (Milner Safe Company, Limited), I have pleasure in requesting you to buy 100 Erie Railroad common shares for cheapest price obtainable. You may also sell 2,500 nominal value Grand Trunk Railway of Canada preference stock for 40 1/2 or better. Thanking you in anticipation"—knowing Mr. Jones of the Milner Safe Company, I replied that it was too late that day, and asked, "Am I to keep on your limits for to-day," or if he would see me to-morrow, Wednesday, or phone—he did not come, but I received this letter of 29th by post (An order to purchase the Erie shares and sell Grand Trunk III. preference stock at 40 1/2 or better, the first favourable opportunity.)—in consequence of that letter I bought 110 Erie shares at 39—with the stamps and brokerage they came to £860 16s.—I could not get the Grand Trunks at the price he named to sell them—I wrote and told him what I had done, enclosing this contract note—his limit was 14 1/2,—I could only get 14 1/4, and could not sell at that price—on August 6th I wrote that the account day was on the 14th, and asking him to take up the Erie shares, and that to oversell the Trunks at his limit was impracticable—I received this letter in August to sell the Erie shares at the best price obtainable, and stating that he would instruct me as to Trunks, saying, "As I am advised that the stock is likely to reach a much higher figure"—in consequence of that letter I sold the "Eries" at 40 1/2 as in this contract note—they realised, after deducting the stamp, £895 1s. 6d., leaving him a profit of £34 6s. 6d. on the deal, a cheque for which I sent him, and received this his receipt in settlement, and this further request to buy another 110 Erie common shares, to sell 2,500 nominal value Grand
Trunk Railway of Canada preference stock, the word "sell" being underlined—on the 10th, I bought 110 Eries at 14 01,18—that came to £903 8s. (6d. for account on August 28th, the same day carrying out his instructions to sell 2,500 Grand Trunk III. preference at 42 which realised £1,051 10s. 3d.—I sent him the contract note and notice to deliver—I never received the certificates—about that time I gleaned information, and sent a clerk to make inquiries, as according to Stock Exchange rules and practice, I was personally liable to deliver up the shares on settling day to the jobber, whose name-1 furnished, according to my custom, on the contract note which I sent to the prisoner—in consequence of information on August 10th, I sent this telegram to the prisoner's address, and followed that by this registered letter: "Dear Sir,—I confirm my telegram of to-day, reply paid, and up to the time of writing, 4.45 p.m., have received no answer. I have to-day obtained certain information as to the address you have been using up to the 18th inst. I note that my cheque, £.34 6s. 6d., has been crossed to the credit of your account. I confirm my telegram, of which I enclose copy at foot. I request your attendance here on or before twelve noon to-morrow, Wednesday. This may save you a considerable amount of trouble. I note that since the 9th inst. you have used somewhat different note paper. After noon tomorrow having regard to the fact that you are not to be found at your given address, I shall take such steps as I think fit, both as regards closing the stocks you have opened with me—and proceeding as I am advised. I shall do nothing either way till to-morrow, 12 o'clock, as stated, so as to give you an opportunity of fully explaining the situation and the instructions from the outset. "Telegram:" Before opening more stock want interview. Wire when you will call.—Russell"—he did not call—" I closed the stock and sent him this notice to that effect—the loss to me was between £2 and £3 after I had sold the "Eries" and bought back the "Trunks"—the next day I received this telegram, that he would call on Saturday and satisfactorily explain the matter—I replied on August 21st, "I shall be glad to meet you here at 11 o'clock Saturday next, 23rd inst."—he did not come—I received this letter," 22/8/02, with the address "Deal," and signed, "E. R. Edwards" (Complaining that he had been harshly treated.)—I received this letter of November 24th, 1903, headed 104a, Sternhold Avenue, Streatham Hill, and signed L. C. Vincent: "Dear Sir,—Mr. A. F. Stray has recommended your firm" (etc., and requesting the sale of ninety Atcheson, Topeka and Santa Fe Rail-road Common shares for the best price obtainable)—Mr. Stray is the secretary of the company of which I am a director—acting upon that order, on November 25th I sold the shares on Vincent's account for £1,207 1s. 6d.—I received the contract note, and wrote thanking Mr. Stray for the introduction—Vincent also asked me to deal in the Agricultural Hotel Company's shares, and in some liquid stock—the contract note was not sent to Vincent, as my son noticed the similarity in the writing of "Vincent" and "Edwards," and he immediately went and closed the stock, and bought back stock at a loss of £5 12s. 6d.
Cross-examined. The Milner Safe Company) of which' the Lord Mayor
is Chairman, was a good introduction—I did not know you were not a holder of stock—there was nothing in your letter to lead me to believe the business you were transacting with me was other than honest—I did not sue you because I did not think you were worth following—if the deal is speculative it is usual to say so—there was nothing to lead me to suppose that it was speculative or that you were other than a veritable holder or real buyer, and able to pay the loss if loss came—I did not embark upon a speculative account—I did not make sufficient inquiry," hence these tears."
NEWMAN MAYO OGLE . I am a chartered accountant of Worcester House, Walbrook—I received this letter of November 26th, 1903, from Leonard Vincent, "Can you recommend a firm of stockbrokers," etc.—I replied by this letter of November 30th, to the address given, 104a, Sternhold Avenue, Streatham Hill, S.W., that "there are no official brokers" to the "Associated Southern Gold Mines "Company, but that Mr. R. D. Preston, of 70, Cornhill, does what little stock exchange business I have to do"—Mr. Preston is my friend, and I am the Secretary of the Company.
Cross-examined. I believed you were a shareholder—I could have referred to the register of shareholders, but I knew a Mr. Vincent was a shareholder, and you wrote to me as the secretary, otherwise you would have no right to write to me.
JOHN HENRY ABRAHAM . I am an authorised clerk of Richard Dixon Preston, a member of the London Stock Exchange—I produce a letter our firm received dated from 104 Sternhold Avenue, and signed "Leonard Vincent," stating, "Your firm having been recommended to the writer by Mr. Newman M. Ogle, I have much pleasure in requesting you to sell 50 Atcheson, Topeka and Santa Fe Railroad common shares for the best price obtainable. Will you also kindly inform me your commission for buying Grand Trunk Railway of Canada III. preference stock"—I answered by letter of December 1st, 1903, of which this is a copy (Staling that the sale had been effected at 68 1/2, as per contract enclosed.)—I had carried through the transaction—the shares were sold for £682 9s. or settlement on December 11th—I received another letter of December 2nd, containing an order to sell an additional 50, which I carried out—I believed that he would deliver the shares—I wrote the letter to him on December 3rd, enclosing a statement showing that the shares realised £689 6s. 6d.—I received this letter of December 9th, ordering me to sell 100 Atchison shares for the new account of December 30th—I carried out that order, and sent him the contract note—I never received the shares for delivery, but I received this telegram of December 10th, 1903, "Should be glad if you could arrange delivery of Atchesons for next account"—I took steps to carry over the delivery of those shares—that could only be done by the payment of £53 4s. 6d.—I wrote the letter of December 10th, asking for that sum—I was not paid—on December 14th I wrote again asking for payment of arrears, and stating, "If I do not receive cheque for the balance due on last account day by return I shall close the account, and shall place the natter in other hands for collection"—my ultimate loss was £34 13s. 6d., he stock having fallen—that was the last I heard of it.
Cross-examined. I had reason to regard the business as other than
speculative, because you referred to the delivery of stock and re-investment in your first letter, and asked for the date of delivery—I believed you were the holder—having from inquiries acquired some knowledge of your character, I should have closed the stock even if the money had been provided.
GEORGE HAGGER . I am Secretary of Greenwood & Batley, Limited, 10, Great George Street, Westminster—I produce a letter of August 23rd, 1893, signed J. Renfrew, of 104a, Sternhold Avenue, Streatham Hill, asking me to recommend a firm of stockbrokers—assuming that the writer might be a trustee or intending buyer of shares in my Company, I replied by this letter of August 24th, stating "It is not within the. province of the Company's business to recommend stockbrokers, but should you require information respecting the Company's shares, you could most likely obtain it from our brokers, Messrs. Vivian, Gray & Co., of 10, Throgmorton Avenue."
CHARLES JAMES ELY . I am a clerk to Messrs. Vivian, Gray & Co., members of the Stock Exchange—I received this letter of August 31st, 1903, purporting to come from James Renfrew, of 104a, Sternhold Avenue, whose name I did not know, stating, "Your firm's name has been submitted to the writer by Mr. G. Hagger, Secretary of Greenwood, Batley & Co., Limited, and I have now the pleasure to request you to sell 2,500 nominal value Grand Trunk Railway of Canada III. Preference stock for the best price obtainable. What is your commission for buying home, rails?"—I knew Mr. Hagger was the Secretary of Greenwood & Co., and gave instructions to sell the stock mentioned in that letter, forwarded the contract note and asked for the certificate—in the meantime I communicated with Mr. Hagger—I next received this letter of September" 9th, signed "James Renfrew," "Will you kindly inform me the very latest day allowed for delivery of Grand Trunk stock, as I am given to understand that any time within ten days of the present time will be in order"—I did not reply—I received this telegram of September 25th: "Repurchase Trunks, as recovery likely after severe fall—Renfrew"—I took no notice of that—the result of the transaction was that we repurchased the stock and made a loss of £29 19s. 1d.—I should not have dealt with him had I known the various other names in which he had been dealing in stocks.
Cross-examined. I closed the account because I heard from Mr. Hagger that he did not know you personally—we sent you a statement as a matter of form—we adopted the transaction and repurchased on our own account—I am not aware that there would have been a profit if the account had been kept open, but—we did not wish to have anything more to do with you.
ARTHUR WILLIAM LEACH . I am a clerk to Hutchinson, Symes and Scott, 5, Angel Court, brokers on the London Stock Exchange—our firm received this letter of November 18th, 1902, from 5, Cavendish Gardens, Clapham Common, and signed "V. L. Coombs" (A request to sell 2,500 Grand Trunk 4 per cent. III. preference stock, and to buy 25 Rio Tinto, Limited, £5 ordinary shares, at the cheapest price possible.)—I replied by
this letter of November 16th (Asking for a reference.)—that is all I hoard of V. L. Coombs—we also received this letter of July 28th, 1903, from 104a, Sternhold Avenue, and signed "V. C. Lacey," (A request to buy 250 Chartered shares at cheapest price obtainable.)—I noticed that the writing was the same as the previous letter, and did not reply—we did nothing further in the matter.
WILLIAM HENRY WHITE . I am a member of the Stock Exchange, in partnership with Mr. Cancellor—I received this letter of September 29th, 1903, purporting to come from Walter Melville (An order to buy 100 Norfolk Western Railroad common shares, and to sell 105 Rio Tinto £5 shares at 47 1/2 and stating "I have selected your name from two firms submitted to me as per enclosed letter")—the letter enclosed is signed "R. Phillipson," and dated September 29th, 1903, and states, "I personally know the following firms of stockbrokers, viz., Messrs. Cancellor & White, 2. Copthall Buildings, and Messrs. Berwick, Wark & Co., 11, Copthall Court, with both of whom I have done business"—I wrote this reply of September 30th, 1903 (Asking for a call and the deposit of shares as security.)—I heard no more.
ALFRED LOUIS REYNOLDS . I am a member of the London Stock Exchange, at 5, Angel Court—I received this letter signed "Ralph Pryor," and dated 104, Sternhold Avenue, October 14th, 1903 (This was a request to buy 2,500 Grand Trunk stock.), to which I replied the same morning, "Your letter of the 14th received this morning we have handed over to the Detective Department of the City Police."
ARTHUR JOHN SNOWDEN . I am transfer clerk of the Grand Trunk Railway Company of Canada, at their London office—I have charge of the Register—I find no shareholders named Ralph Pryor, L. C. Vincent, Valentine Lacey Coombs, or James Renfrew.
Cross-examined. We know nothing of any speculative business in shares in the office.
The prisoner, in his defence, stated that the business must obviously have been speculative, because the securities were not forthcoming, and he was simply speculating for differences; that he had no indication of the losses he had to meet; that stocks were closed which otherwise would have made a profut, and that it was the broker's business to raise the question whether he was engaged in speculative transactions.
GUILTY . He had been convicted of a similar offence at this Court, and discharged on recognisances to come up for judgment. See Vol. cxxxvii., page 126, and Vol. cxxxiv. page 923. Twelve months' hard labour.
THIRD COURT.—Wednesday, January 10th, 1904.
Before Mr. Common Serjeant.
CUNNINGHAM PLEADED GUILTY .
MR. BLACK Prosecuted.
HANNAH DALY . In September last I resided at 374, City Road—the prisoners also resided there as Mr. and Mrs. Vernell—on September 21st or 22nd I told Cunningham I expected a letter with some money from a lady at the West End—I think I also mentioned the name, Mrs. Quin—that letter was never delivered to me—Mrs. Quin sent for me about December 1st, and we had a conversation—she afterwards showed me this cheque—it is endorsed "Mrs. Daly," and then "H. Daly"—it is not my writing—it is made payable to me—I never received it—I went to the bank on which it was drawn—they there referred me to Mr. Steer, who had cashed it through his bank—I went to his bank, the London and County, and they made inquiries, and then communicated with the police—I never got my money.
WILLIAM JOHN STEER . I am a licensed victualler at the Three Johns, White Lion Street, Islington—I know Vernell as a customer—on September 21st or 22nd, in the evening, he asked me to pass a cheque for him through my bank, which I did—this is it—it was endorsed—I did not ask him how he got it—I cannot swear whether he was alone or not—I subsequently gave him £3 for it—a communication was made to me from the police, and I explained how I got it.
JAMES LANG (Detective G.) Mrs. Daly handed me this cheque, and I made inquiries, with the result that at 4.30 p.m. on December 31st I went with another officer to 9, Suffolk Street Clerkenwell, where I saw Vernell—he was employed there—I said to him, "We are police officers, and I am making inquiries about a. cheque that you got Mr. Steer, the landlord of the Three Johns, to cash for you about September last; it is a stolen cheque"—I showed it to him and said, "I want to know where you got it"—he replied, "I got it from a young woman at 374, City Road; she asked me to get it cashed for her; she said that she had it ent to her by her brother, who lives at York Road, Manchester"—said, "What is her name and address?"—he replied, "I don't now her name, but she lives at 5, William Street"—he then said, "Her name is Mrs. Harris"—I said, "The cheque is set out in the name Mrs. Daly"—he said, "I did not look at it"—I then took him to, William Street, Islington, where I saw Cunningham—I told her who I was—Vernell was standing by my side—I said I was making inquiries about A cheque that the man had cashed for her—I said, "He says he got it from You, and that you told him you had had it sent to you by your brother, who lives at Manchester"—she replied, "Yes, that's right; it was my brother-in-law that sent it to me"—I cautioned her and said, "It can be proved that the cheque was sent to a Mrs. Daly"—she said nothing then, but Vernell said, "Tell the truth, my dear, and get me out of it"—she then said, "If I say I took it out of a letter at 374, City Road, will that clear him?"—I said, "I cannot make any promises," and took them
both to the City Road Police Station—when the charge was being taken Vernell said to—Mrs. Daly. "Don't charge us, Mrs. Daly; I will pay you the money back"—as I was searching him he asked me to show him the cheque, as he said he did not properly understand the meaning of forging the endorsement—the charge was being concerned in stealing and uttering the cheque, also forging the endorsement—I showed it to him—Cunningham said, pointing to the endorsement, "I wrote that."
JOSEPHINE CUNNINGHAM (The prisoner.) I saw the letter at.374. City Road, lying on the doormat, and picked it up—I took it up stairs, there being nobody else in the house—I was tempted to open it, and saw a cheque for £3 inside—it was an open one—I put "H. Daly" on the back without imitating any writing—I met Vernell and asked him to get it cashed, telling him it had come from Manchester—he did so, and gave me the money.
Vernell, in his defence, stated that when the cheque was handed to him by Cunningham he had no cause to doubt that she had received it, and that he asked Mr. Steer to pass it through his bank, which he did, and gave him the £3, which he handed over to Cunningham.
VERNELL— NOT GUILTY .
CUNNINGHAM— Three months' hard labour.
OLD COURT—Thursday, January 14th, 1904.
Before Mr. Justice Ridley.
MR. MATHEWS, MR. GRAHAM CAMPBELL, and MR. P. GRAIN Prosecuted: MR. HUTTON Defended.
ELIZABETH STEWART . I am a widow, and live at 89, Old Church Road, Stepney—the prisoner is my son—he lived almost opposite me—the deceased was also my son, and he and his wife lived with me—he was thirty-three years old—the prisoner has not been on good terms with me for some time—I do not know why he was on bad terms with me—as far as I know, I have done nothing to cause any ill feeling—the prisoner's wife and the deceased's wife were not on good terms; they had quarrels—on December 26th, between (1 and 6.30 p.m., I was having tea in the front room down stairs—my younger son John was there, and also the deceased, a man named Thomas Cain and Mrs. Deesey—the deceased's wife was not there—the deceased had been out in the early part of the day, and had returned, I think, about two o'clock—he was then the worse for drink—he had some dinner, and then lay down in front of the fireplace and went to sleep for about three hours—when he woke up I suppose he must have been getting over the drink—we began tea about 6.20—as we were beginning
the prisoner came in and began to abuse me—I said, "I do not want none of your abuse; you had better go out"—I could not follow what his abuse was—I said I did not want any disturbance—he would not go out, and the deceased got up and tried to put him out—Cain got up, and with John got in between the deceased and the prisoner—John got the, prisoner outside, and I then saw the deceased fall on to the sofa—he said something about a pricking in his side—I then left the house and saw no more of him until I saw him at the hospital—in the morning of the 26th I had been in the Green Dragon with a neighbour—I saw the deceased there—he gave me a drink—I did not see the prisoner there at all—I saw a Mrs. Cutbill; she spoke about a quarrel between herself and the prisoner's wife.
Cross-examined. The prisoner did not go out when I asked him—I saw the deceased go towards him, and immediately afterwards there was a struggle—Cain was mixed up in it, too—I saw no blows struck or any knife—it was after the prisoner had gone that the deceased sank down on the sofa—I did not hear any language by the prisoner towards the deceased—it was me he abused.
THOMAS CAIN . I am a stevedore, of 26, Dalgleish Street, Limehouse—on December 26th I was at 89, Old Church Road, having tea with Mrs. Stewart—the deceased and Mrs. Deesey and John Stewart were also there—shortly after we had begun, the prisoner came to the door and started abusing his mother, who asked him to go, which he refused to do—he used some filthy language—he also mentioned the name of "Emma"—I know now that that is his wife's name—he was swearing, but I do not know what the quarrel was about, if there was one—after the prisoner had been asked to go out, but still kept on abusing his mother, the deceased got up and went towards him—the deceased was sober then as far as I know—I was perfectly sober—when the deceased went towards the prisoner a struggle started, and I stepped in between them—my face was towards the deceased and my back towards the prisoner—I put my arms round the deceased and laid him back on the sofa—just after I had done so he said, "I have got a pain in my side"—at the same time I found that I had got a cut on my arm—I thought someone had bit me—I have the mark now, and this is the cut in my coat—when I put my arms round the deceased I found that he had been wounded in the region of his heart—he had on a shirt, trousers, and boots, but no coat, waistcoat, or cap—I went and fetched the police from Stepney Station.
Cross-examined. I cannot say if the prisoner had been drinking—I did not have any conversation with him—I did not smell his breath or see him walk alone—he only came inside the door, and that was the first time I had ever seen him—I did not see any blow struck or any knife—the only words he had were with his mother—before the struggle he said something to the deceased, but when he first came in he only spoke to his mother—the deceased and the prisoner walked towards each other, and as they were getting close to each other I stepped in between them—I did not see either of them put up their hands—I interfered because I thought they were going to fight—I do not know that the deceased went towards the prisoner in a menacing manner, us if he was going to put him
out of the room—I thought they were going to fight, but there was no challenge—I do not know where the deceased's hands were when he went towards the prisoner—I did not see either of his hands pointing towards the prisoner to direct him to go out—I thought they were going to fight, because I thought the deceased was going to take his mother's part—I had my coat off, not my waistcoat—I did not know that the deceased was hurt until he complained of it—there was a struggle when I was between them—the prisoner did not go towards the deceased, but when the deceased reached the prisoner the struggle began—they were standing, up then—the deceased was sitting down at first, but he got up to go towards the prisoner—when I stepped in between them they were actually struggling—I cannot say whether the deceased had hold of the prisoner then or had not, or whether the prisoner had hold of the deceased—the prisoner went out quietly enough with John.
Re-examined. I did not threaten anyone—I simply got between them.
By the COURT. They were struggling to get at each other because I was in between them.
JOHN STEWART . I am a brother of the deceased and the prisoner, and live with my mother—the deceased lived at home also—on December 26th he came home about 2.45 p.m.—he was boozed—he had his dinner, and then slept for three hours—I remember the prisoner coming; he was a bit boozed—he asked where his wife was, then he started abusing my mother—I remember what he said, but I do not like swearing—he called my mother a sod—the deceased got up—mother told the prisoner to go outside, then the deceased told him to go—he would not go, and the deceased went to put him out—a struggle took place, and Cain got in between them—I went to the street door and took the prisoner out—the deceased had on his waistcoat, but no coat—he had had it off while having tea—when I got the prisoner into the street he said, "I know what I have done; I will give myself up to the police," and he went away towards Commercial Road—I went back to the house and found that my other brother was injured—he was taken to the hospital—when I came back from the hospital I found this knife blade on the streetdoor mat—the prisoner had been on the mat.
Cross-examined. I did not hear the prisoner say that his wife had been knocked down by another woman in the street—he said that they had all been oh to his wife—I had not got my coat off—the deceased had his coat off when he came into the house, and he pulled his waistcoat off afterwards—the reason that the prisoner did not come to our house much was because there was some disagreement between the sisters-in-law—there was none between the brothers—they had had a drink together that day, and parted on good terms.
Re-examined. The prisoner did not mention the name of the woman who had been on to his wife.
RICHARD FARRELL . I live at 12, Anchor Street, Limehouse, with my parents, and am thirteen years old—about 6.30 on Boxing night the prisoner came to our house—he was crying—he is my uncle—he said, "Where is
Emma?"—that is his wife's name—she came out, and they walked away together—I followed them—Aunt Emma said to him, "What have you done, Joe?"—he said, "Mischief"—she said, "What with?"—he said, "A knife"—she said, "Give me the knife"—he pave her a knife, and she said to me, "Here you are, Dick; mind this"—I afterwards handed it to my grandmother.
Cross-examined. When the prisoner first came to the house he seemed very much upset.
ELIZABETH FARRELL . I am the wife of Richard Farrell, of 2, Causeway Court, Ratcliff—on Boxing night I was at my son's house in Anchor Street—my grandson handed me this knife—I first threw it into the fire, but subsequently took it out and handed it to the police.
ELLEN FARRELL . I live at 12, Anchor Street, Limehouse—the prisoner and the deceased are my brothers—on Saturday, December 26th, about 4 p.m., the prisoner came to see me—he told me he had been drinking since 5 a.m., but when he came to me he did not seem much the worse for it—he said, "Have you got anything to eat?"—I said, "Yes, I have got a bit of pork"—he stayed with me until his wife came in about 6 p.m.—she said, "You don't care; they are all on to me"—he said, "Who?"—she said, "All that lot down there; they held the baby while Mrs. Cutbill paid me"—he said, "What lot?"—she said, "Oh, that lot down there."
Cross-examined. He was excited when he left—I tried to keep him back, but could not—he was very fond of his wife—they seemed very comfortable together—the "lot down there" were all strangers, nothing to do with the family—they were not the Cutbill lot—they were all on one side of the way, but at variance with each other.
JOHN HAM (43 H.R.) From 12, Anchor Street to 89, Old Church Road is about 600 yards—about 6.40 p.m. on. December 26th I was called to 89, Old Church Road, where I found the deceased lying on a sofa, bleeding from a wound over the region of the heart—I bandaged him, and took him to the London Hospital on a police ambulance—he spoke to me—as far as I could gather, he was perfectly sober.
HENRY RUTTER (Detective H.) About 9.30 p.m. on December 26th I went with Detective Cornish to find the prisoner—we found him in the Duke of York, Salmon Lane, Limehouse—I made this note at the time—I said to him, "We are police officers. Is your name Stewart?"—he said, "No"—I said, "What is your name?"—he said, "I shan't tell you"—I then called him outside the house and said, "I believe your name is Stewart, and we shall take you into custody on suspicion of stabbing your brother this evening."—he said, "It was a three to one chance against me; they were three handed; it was done against the door"—when searched at the station he said, "I do not know where the knife is. The cut on my thumb was done at the time"—I saw a cut, I think, on his right thumb—he had been drinking, but he was perfectly rational.
Cross-examined. I have made inquiries about the prisoner—he has been employed for six or seven years, on and off, at the West India Docks
—he has been employed for three years by his last employer, as well as the deceased—I was informed by their employer that they were on very friendly terms—both of them were sober and respectable men, except on Bank holidays.
GEORGE CORNISH (Detective H.) I was with Rutter when he arrested the prisoner, and I took a note of what was said—at the station the prisoner said, "They have been nagging me for a long time; I am the outcast of the family; none of them don't care about me"—this knife blade was handed to me by John Stewart, and the other part of the knife was given to me by the Farrells—the blade and the handle fit.
EDWARD SPENCER SCOTT . I am a Bachelor of Medicine and am house surgeon at the London Hospital—about 7.15 on December 26th the deceased was brought in in a collapsed condition—he was undressed and put to bed—I examined him and found that he had a wound about 2 in. long about the level of the sixth and seventh costal cartilages where they join the breast bone—it was not the bony part of the ribs, but the cartilage—there was no visible bleeding, but there were signs of hemorrhage going on internally—I came to the conclusion that it was necessary to perform an operation—I sent for Mr. Percy Furnival, who, when he arrived, stitched up the heart—I assisted him—that was an absolutely necessary operation—we found that the wound had penetrated the heart wall—it had not actually gone into the cavity of the heart—there was a great ft deal of bleeding going on at the time—he improved after the operation, but next morning he collapsed again, and at 2.55 a.m. on Monday, the 28th, he died—I got to him about five minutes after he was dead—if we had not performed the operation, in my opinion the injury would have been fatal within a few hours; as it was he lived for about twenty-eight hours—I was present with Dr. Grant at the post mortem examination—the cause of death was due to the stab in the chest, the wound in the heart, syncope, which of course was helped a good deal by the amount of blood that he had lost, and also by the condition of the left lung, which had been also wounded, as well as the walls of the heart—the wounds might have been caused by this knife.
Cross-examined. I do not consider this a very fine specimen of a knife, but if sufficient force had been used, I consider this knife could have inflicted the damage.
Re-examined. I do not think the wound could have been caused with this knife without considerable force.
CHARLES GRAHAM GRANT . I am police surgeon to the H Division, and in company with Dr. Scott was present at the post mortem—I confirm what he says—I was present when the wound was measured—I compared that measurement with the blade of this knife—I believe that blade could have inflicted the injury—the wound was rather deeper than the blade is long—I attribute that to the force used in pressing in the ribs—I examined the blade—I found that it had a red stain on it, which answered to the tests, microscopal and chemical, and I found it to be blood—I examined the prisoner, and found that he had a superficial wound on his right thumb of no apparent moment—at the Coroner's request I examined
Cain—he had a wound on the upper part of his left arm—it was healed over when I saw it—I think it counld have been inflicted by the knife shown to me—Cain also had cuts in his clothing corresponding with the wound—this knife has a sharp blade—I agree with Dr. Scott that if the wound was caused by it, great force would have to be used—the point of the knife fitted accurately with the wound in the heart.
Cross-examined. I remember being in the Green Dragon on December 26th, in the morning, when the prisoner's mother and the deceased were there—the prisoner and the deceased were on good terms—they were speaking and drinking together quite comfortably—when the prisoner left he was on good terms with the deceased.
GUILTY of manslaughter. Fourteen years' penal servitude.
MR. MAHAFFY Prosecuted.
FRANCIS RICHARDS (81 T.) I am stationed at Bedfont—about 1.10 a.m. on Sunday, December 27th, I was on duty at the police station there—the prisoner came in and made-a statement, which I took a note of—he said, "I have come to give myself up for setting fire to those stacks"—I cautioned him, and he said, "About 12 o'clock I went into a field on the left of the road just beyond the village, and laid down under a stack for a sleep, as I had walked from London and had no bed to go to I struck a match and lighted my pipe, and then threw the match down, when it at once set the stack on fire; I did not try to put it out; I did not know what to do; I went into the road and watched the fire until the other stack caught, which took fire through the wind blowing the flames on to it; I did not call or give alarm until two chaps came out of the house there, when I told them the stacks were on fire; I then walked back towards London"—later on I charged him on his own confession with setting fire to the stacks—he made no reply.
By the COURT. The station is about a mile from the scene of the fire.
WILLIAM RANDALL . I live at 69, Cambridge Grove Road, Kingston—on December 27th, about 12.30 a.m., I was in the Staines Road, Bedfont—I saw some corn stacks on fire—I saw the prisoner in the road going towards Bedfont and away from the fire—I stopped him and asked him if he knew anything about the fire—he replied, "No"—on the same day I identified him at the station.
By the COURT. The stacks were blazing when I saw the prisoner—I did not go up to them—I do not know who put them out—I was going home—the prisoner was about fifty yards from the stacks.
ALFRED BARNFIELD . I live at Oak Dean, Ashford, Bedfont—on December 27th, about 12.55 a.m., I received some information, and in consequence I went to Silverlands, a field near the Staines road, where I saw two ricks on
fire—they were the property of my father, who lives in the same house that I do—their value was about £120 or £130—they were about five or six yards apart, one on each side of the gateway from the road—they were built on some faggots, which raised them two feet or three feet off the ground—the gate was not locked—there was some rain on Christmas day and Boxing day—the ground was wet.
The prisoner's defence: "It was an accident."
He then PLEADED GUILTY to a conviction for a like offence at Chelmsford on November 10th, 1899. Five years' penal servitude.
MR. PETER GRAIN Prosecuted.
JESSIE LANE . I am the wife of William Lane, of 5, Nairn Street, Bromley—about five weeks before December 24th, the prisoner and the prosecutrix came to lodge with me—they stayed with me till December 24th—they had frequent quarrels which I overheard—about 9.30 a.m. on December 24th, I heard cries for help—I recognised the prosecutrix's voice—I went to the door of their room and opened it—when I got inside the room I saw the prosecutrix standing by the bedside bleeding very much from a wound in her throat—the prisoner was standing by her side with a razor in his hand—the prosecutrix said, "Fetch me a doctor; I shall bleed to death; he has cut my throat," and she turned her head towards the prisoner—I ran out and sent for a doctor—when I returned I saw the prosecutrix run out of the house.
Cross-examined by the prisoner. The razor was in your hand, not in the prosecutrix's.
ARTHUR BRITTAIN (766 K.) About 9.40 a.m. on December 24th I was called to 5, Nairn Street—I saw the prisoner bleeding from two cuts in his throat—he pointed to this razor (Produced.) under a small table, and said, "Oh, my poor head, what have I done this for?"—I took him down to the front room, where I saw the prosecutrix with her throat cut—I took the prisoner to Poplar Hospital, where he remained for that night—he was taken to the station a week afterwards.
ALFRED NICHOLLS (Inspector K.) On December 31st I went to Poplar Hospital and arrested the prisoner—I told him he would be charged with attempting to kill and slay Alice Free, and attempting to kill and slay himself—he said it was all a mistake—at the station he made no reply.
THOMAS LEWIS INGRAM , M.R.C.S. I am. house surgeon at Poplar Hospital—about 10.5 p.m. on December 24th the prosecutrix was brought in—I examined her—she had a deep, clean cut wound on the right side of her neck, which just missed the main vessels—she also had a cut on her right thumb—the ring and middle fingers were cut at the base—if the wound in her throat had been deeper, she would have bled to death in a very short time—it is rather difficult to judge the depth of an open wound, because the sides are elastic—considerable force would be necessary to
cause it—this razor would have caused the wounds—the wound in the hand afterwards became poisoned and rather serious—I also examined the prisoner—he had three wounds in his throat and a good many superficial skin cuts.
By the COURT. There was very little the matter with him—the woman could have inflicted the injury herself, but the fact that it was on the right side of her throat is rather against that, because when people cut their throats they generally use their right hands and cut themselves on the left side.
ELLEN ELIZA FREE . I am a widow—up to December 24th I have been living with the prisoner at Nairn Street, Bromley—on that day Mrs. Lane came into our room in consequence of my cries for help, and found me with a wound in my throat—I do not recollect saying to her that the prisoner had cut my throat—I said I was frightened that I should bleed to death, and asked her to fetch a doctor—the wound in my throat was caused in a struggle for the razor—when my throat was cut we both had it—the cut on my thumb was done when I was struggling for the razor—it was the prisoner's razor—I had got it from the kitchen, and attempted to cut my own throat—we had had a few words the night before.
By the COURT. I do not remember the prisoner cutting my throat—I told Mrs. Lane that it was cut in a struggle for the razor—I cried for help because I was frightened I should bleed to death—the prisoner offered to get a doctor.
The 'prisoner, in his defence, said thai in the evening he and the prosecutrix had a quarrel; thai she poured out a cupful of carbolic acid, and said she would drink it; that he took it from her; that next morning she went into the kitchen and returned with a razor; that he jumped at her and got it from her. and called to Mrs. Lane, that when Mrs. Lane came to the door, the prosecutrix asked her to fetch a doctor, but did not say anything about his having cut her throat, and that he then drew the razor across his own throat.
GUILTY on the Second count. (See next case.)
PLEADED GUILTY . One day's imprisonment, and for the wounding with intent to do grievous bodily harm, Five years' penal servitude. *
NEW COURT—Thursday, January 14th
Before Mr. Recorder.
NOT GUILTY .
142. WALTER STIFF (47) PLEADED GUILTY to forging and uttering an account book purporting to be a billiards day book, with intent to defraud; also to. attempting to obtain large sums of money by false pretences; also to wilful and corrupt perjury, and also to subornation of perjury. (See next case.)
143. The said WALTER STIFF , the said EMMA MARY FLOOD , and EMMA FLOOD (30) , Conspiring together and with other persons to obtain £4,635, the moneys of the London County Council, and other conspiracies. Stiff and Emma Flood
PLEADED GUILTY . STIFF— Five years' penal servitude for the perjury and three years' penal servitude for the subornation of perjury, to run consecutively, and nine months' imprisonment for the conspiracy, to run concurrently. EMMA FLOOD— Four days' imprisonment. No evidence was offered against EMMA MARY FLOOD.
NOT GUILTY .
MR. ELLIOTT and MR. FITCH Prosecuted, and MR. GUTTERIDGE Defended.
ERNEST JAMES . I am a director of Marion James & Ker, Limited, manufacturing chemists, Durham Grove Works, Morning Grove, Hackney—the prisoner has been twice in our employmnet—on the second occasion he was engaged on March 2nd, 1903—the agreement is dated March 10th—by it the company agrees to pay him as their traveller 5s. a week and 15 per cent, on all orders except perfumes, and supply, a box and samples for his use to be returned at the termination of the agreement, or in default a payment of £2, and the traveller agrees to report the result of each day's business and to pay in all moneys, cheques and orders, and is forbidden to use money paid to the company for his expenses, upon pain of instant dismissal, a week's notice being otherwise required—some trouble arose in April as to money not being accounted for, in consequence of which I gave him a written notice for May 2nd, and asked him to call and give an explanation—I received in reply an undated letter on May 3rd from 21, Milman Street, asking me to continue his services—I replied that I would let matters rest till Saturday morning—I did not see him then—his dismissal was suspended at my wish, and on June 2nd I wrote him, "Please be here to-morrow evening at six o'clock, and bring your samples with you"—he did not come till June 11th—I asked him if he was going perfectly straight with us—he said, "Yes"—I said, "Do we owe you anything?"—he said, "No, you do not"—I said, "Do you owe us anything?"—he said, "No, I do not"; so I instructed our lady clerk, Miss Williams, to make this note: "Sothern says we do not owe him anything, 11/6/03"—that day I received from him this letter, undated (Asking for £1 till Monday.) to which my co-director replied on June 12th that we were astonished at his application for money, and his not calling to settle the account, which placed him in an unenviable position—I then received this letter of June 15th, in which he says, "I will bring down samples and book to-morrow morning. I regret leaving your firm, as I believe I could do a big trade, but require more money and an arrangement by which I should receive a certain amount per week"—he came on the 16th with his samples, which 1 took—after settling his account with my colleague, when he came out I told him he would not represent us any more, and therefore would not want the samples—we have not received amounts from Daily, of May 18th;
Collen, of June 8th; Monaghan, of July 30th; Moss, of July 10th; Day, of July 8th; or Eacott, of July 2nd—these two cheques are made payable to Marion James & Ker, Limited, by Moss & Monaghan, of Baldock and Co., with whom we do business—the endorsements are the prisoner's—he had no authority to sign our name—they are payable to order, and have been cashed across the counter—I have prepared an account to June 16th, 1903, of our dealings with him, which shows that we have overpaid him 2d.—since then we have had no business communication with him except one cheque from Northwood just after he left us—he never told us that he had collected the debts mentioned, or sent an account of them.
Cross-examined. My company's capital is £5,000—John James Ker and G. Mather Horsey are my co-directors—Horsey is related by marriage to Ker—there are 5,000 £1 shareholders and £1,000 in debentures—the prisoner has not been in our employment twice before—by Clause 10 of the agreement he agrees to a society guarantee—we received a notification from the Provident Clerks' Society that they were prepared to issue a bond to cover this man—that bond was not found—we have received payment from Daily only—no steps have been taken against others—the prisoner's salary depended on commissions, exactly as I started myself—he had to pay his own expenses—he had no allowances—he wrongly claimed commissions which were, not due—his duty was to be at the office every Saturday morning to render an account to Miss Williams—we have a staff of three—we got North wood's cheque, but no orders after July 16th—our rules were carried out strictly, as far as I know—he was dismissed because he obtained money on our behalf and kept it—Durwin's order, as to which the invoice is dated July 16th, was when the prisoner was in our service, most likely in May—he refused to cross Lloyd's cheque or to take the order—I think the fraud was stupid—he had a cheque for his commission, 8s., on June 16th—the orders were executed as soon after as they could be.
Re-examined. I received this undated letter on July 1st from the prisoner: "Gentlemen,—I am willing to go on for your firm again for 17 1/2 commission and no salary. Please let me know"—the date is put on by Miss Williams—no claim was ever made by the prisoner after June 16th for commission, salary, or anything.
JOHN JAMES KER . I am managing director of Marion James & Ker—it is a small family company—I first saw Sothern on June 16th, when his commission account was brought to me for 8s., and 6s. was due—I paid him 8s. by cheque, which he has endorsed—I had a conversation with him—Mr. James was there—I saw his bag and samples after he had given them to Mr. James—he left his receipt book—he had none of them after June 16th.
Cross-examined. I believe I did not see the prisoner in May—I did not—at first he came to. the office fairly regularly, but afterwards we had trouble, and could not get him up—at first he gave no notice—I objected to take him on again, but afterwards agreed to give him another trial—he was finally dismissed on June 16th in consequence of notice of May 6th—Mr. James dismissed him by word of mouth—we had no business relations
with him after June 6th—we received his application to represent us on July 1st—he could take up other work while in our employment with our consent—Daly, Eacott. Collins, and Monaghan have been applied to for payment—I gave him no authority to endorse cheques.
ETHEL WILLIAMS . I live at 48. Princess May Road, Stoke Newington—I entered the employment of Marion James & Ker on May 23rd—I am still with them—from that date I have made up the commission accounts due to Southern—this note of June 11th is my writing, and made at the time by Mr. James' instructions: "Sothern says we do not owe him anything. 11-6-03"—I do not know this pencil writing.
Cross-examined. I have not paid Marion & Co. anything in respect of that.
JOHN EDWARD MONAGHAN . I am a chemist, of 269, Balham High Road, Upper Tooting—on June 13th the prisoner called and asked for payment of an account in cash—I said my invariable custom was to pay by cheque—I made out this cheque—he asked me to leave it open, which I did—it is endorsed in the name of the firm, and has passed through my bank.
Cross-examined. I have not paid Marion &. Co. anything in respect of it.
ABRAHAM MOSS . I trade as Baldock & Co., chemists, High Street, South Norwood—on July 10th the prisoner called for payment of any account and for orders for Marion James & Ker for sundries, fancy articles—I gave him this cheque, payable to Marion and Co., in consequence of what he said—it is endorsed "Marion James & Ker"—it has been debited to my account—he gave me this receipt.
JAMES ALFRED DAY . I am a chemist, of 113, Dawes Road, Fulham—this receipt for 12s., dated June 24th, was written by Sothern when I paid him that amount on that day—it is written on plain paper, and not on the printed form of Marion James & Ker.
Cross-examined. I have paid Marion James, and Ker 6s. 6d. on their approaching me about it, to save trouble in the County Court.
JOHN JAMES KER (Re-examined.) I asked Sothern on June 16th whether he had collected Daily's account—h' said he had not—I asked him whether he would put that in writing, and he wrote this: "16th June, Messrs. Marion James & Ker, Gentlemen,—In answer to your question whether I collected the account of W. L. Daily, of Teddington,
I positively deny having done any such thing.—Yours faithfully, R. SOTHERN."
Cross-examined. The prisoner had to call on a lot of customers in South London.
The prisoner, in his defence on oath, said thai when he received no commission he used the money for travelling expenses, and that Mr. Ker gave him authority on May 9th to endorse cheques. He afterwards said, in the hearing of the Jury, that he was guilty.
GUILTY . Five months' imprisonment in the second division, having been a month in prison.
THIRD COURT. Thursday and Friday, January 14th and 15th; and
NEW COURT. Saturday and Monday, January 16th and 18th, 1901.
Before Mr. Common Serjeant.
145. FREDERICK AUGUSTUS COOKE (54) and RUTH COOKE, otherwise RUTH MARY KANE (46) , Feloniously causing to be inserted in a Register of deaths a certain false entry relating to the death of one Daniel Kane.
MR. BODKIN and MR. FULTON Prosecuted.
WILLIAM BENDALL . I am a Principal Clerk in the Claim Department of the Prudential Assurance Company—a policy dated June 6th, 1887, on the life of Daniel Kane was existing in July last—the sum insured was £12 4s., which would increase with profits—the male prisoner was an agent of ours—the premiums are collected by the agents—he was the agent for this particular policy at 39, Rigault Road, Fulham—on July 24th we received a claim form, giving the particulars of the policy with the amount due, £12 16s., with a number of questions which were answered, and then there was this declaration: "I am the holder of the policy, the premiums have all been paid, and as the widow of the said deceased I claim payment to me of the sum due by the said policy," signed "Ruth Kane," "witness, F. A. Cooke"—in addition, there has to be an independent certificate of identification—this is it, purporting to be signed by "W. Elliott, 44, Waldemar Avenue, Fulham," in the presence of F. A. Cooke as witness—the claim was found to be in order, and a cheque for £12 16s., with a receipt form, was on July 28th sent to 31, High Street, Fulham—with the claim also came the certificate of the entry of the death in the register.
CHARLES WHITE . I live at 33, Connacher Road, Parson's Green, and am a Registrar of Births and Deaths for the Sub-district of. South Fulham—I was acting on July 27th, when a woman came and gave particulars of a death—the female prisoner closely resembles her—I have not brought the Register of deaths; I did not know it was wanted. (The witness was directed to get the book.)
HENRY WARREN . I live at 69, The Grove, Hammersmith, and am Superintendent of agents for my district of the Prudential Assurance Company—the male prisoner has been an agent for about 12 1/2 years under me—I know his writing—I should say that the whole of this certificate of death of July 27th, purporting to be signed by Dr. Farr, is in the male prisoner's writing, including the signature—the cause of death is given as phthisis.
Cross-examined by F. A. Cooke. This letter of March 2nd, 1896, was written in my presence by you to me, stating that you agreed to devote your time to the Prudential Company, and to give up your coal agency—it was about 2 or 3 o'clock that I called on you—Monday is generally the busiest day of the week with an agent—it is not extraordinary for an agent to be at home that day if he is written to beforehand to be there, as you were—I have no doubt on the matter—if you had completed a few years' more service you might have been entitled to a pension—that is a matter that is decided by the Board of Directors.
ARTHUR FARR , M.R.C.P. I live at 116, Earl's Court Road, London—this document marked "1" is not my writing, nor signed by me—I do not know of any other registered medical practitioner of my name—I did not attend anyone at 31, High Street, Fulham, on July 27th, nor at any time—I never attended anyone named Daniel Kane.
CLARA HALL . I am a widow, of 31, High Street, Fulham—I have lived there ten years—no one of the name of Daniel Kane has lived there—nobody died there on July 26th last—no one has died there for the last ten years—I have known the male prisoner over twenty years as a Prudential Company's agent—I do not know the female prisoner—I have no knowledge of his being at my house on July 28th—I was out that evening—when I saw him shortly afterwards I told him I was not aware that he was having a letter addressed to my house, and he said, "I forgot to mention it to you last week."
Cross-examined by F. A. Cooke. Mr. Charles White, the Registrar of deaths, called on me—I cannot say when—it was before I had the conversation with you about the letter—he said, had I had a death at my house, and I said, "No"—he at first accused me of making a false declaration of death—I have always known you to be honest, straightforward, and hardworking—you have brought up a large family in a respectable way.
Re-examined. When the Registrar came to me I mentioned a post card which had been received from the Town Hall about disinfecting my premises.
FREDERICK JANE . I am a postman, of 4, Irene Road, Fulham—I recollect delivering a letter the end of July at 31, High Street, Fulham—I do not remember the name on it—it was Mrs. Hall's address—it was not for her—when I was going to the house the male prisoner came out of the door and said to me, "Have you a letter for" a name I cannot remember, but it was the same name as was on the envelope—I said, "Yes," and gave it to him, and then went to the house—a woman opened
the door—I said to her, "Is that man's name" so-and-so?—she said, "Yes"—I then proceeded on my delivery.
Cross-examined by F. A. Cooke. I cannot recollect the date—I did not take hold of you.
MARY KENNETH . I am the wife of John Kenneth, of 44, Waldemar Avenue, Fulham—I have lived there four years—I do not know any "W. Elliott" as having been there during that time—I do not know the male prisoner.
WILLIAM HUGHES . I am a clerk in the Putney Branch of the London and South-Western Bank—on July 29th this cheque was cashed by me—I cannot say who presented it—I know the male prisoner by sight—he has been to the bank occasionally.
Cross-examined by F. A. Cooke. I have known you to come to the bank on the Prudential Company's business—I cannot say whether you have ever cashed a Prudential Company's cheque.
JOSEPH GOUGH (Detective Officer.) On December 7th I went to 86, Kingston Road, Wimbledon, and there saw Ruth Cooke—I said I was a police officer, and should arrest her for unlawfully and wilfully giving a false certificate of death—she said, "All right, I am glad it has come to a climax, I was under Fred's influence; I went in fear of him; he has. threatened to murder me; I have signed several papers, but I did not know what I was doing"—the same day I arrested the male prisoner at 180,—Lott's Road, Chelsea, for unlawfully and wilfully making a false certificate, of death—he said, "Yes, I shall say nothing, I think that is best; I was going to give myself up after Christmas."
Cross-examined by F. A. Cooke. I was called for the defence at the Police Court on December 22nd, and in answer to you said that I had known you fourteen or fifteen years, and that previous to this charge I knew of nothing against you.
Cross-examined by Ruth Cooke. I asked you if your name was Ruth Kane, and you said, "Yes."
JOHN PALFREY (Police Sergeant.) On December 7th, about 9 p.m., I went to Wandsworth Police Station with another Sergeant and saw both prisoners—I said to them, "We are both police officers," and asked their names—the man said, "Frederick Cooke," the woman "Ruth Kane"—I read the warrants to them; they made no reply—they were conveyed to Fulham Police Station and formally charged—on the way, in a cab, the woman said, "I don't care anything at all about myself, they can do what they like with me, all I think about is the children; I have been a good friend to that man" (Frederick Cooke) "for ten years; I married him to look after the children, and have been a good woman to him; it is"—well known that Daniel Kane died in South Africa; I wish you to tell this to the Magistrate"—Frederick Cooke said, "I say nothing at present."
Cross-examined by F. A. Cooke. I did not warn your wife that any statement she might make would be used as evidence against her—I have tried to find Daniel Kane, and have been to the War Office, but could ascertain nothing.
By the COURT, At the prisoner's request inquiries were made at a
house at Shepherd's Bush, where it was alleged, a man named Tane or Kane had lived—no one named Tane or Kane died there last year—we have not found Daniel Kane, dead or alive.
By F. A. Cooke. You have borne a good character up to eight or nine months ago—I went on January 1st to Hollo way Prison to see the female prisoner, because we had heard that one of your children had been admitted to a workhouse—we knew there were three other children, and it is the duty of the police to see whether young children of prisoners are being looked after—I was not instrumental in one child being taken to the workhouse.
THOMAS HENRY GURRIN . I have practised for nearly twenty years as an examiner of handwriting—this blue paper marked "A" has been before me, also the claim form in this case—I believe the person who wrote the blue paper and the signature of "Ruth Kane" on the claim to be one and the same, also the signature on this receipt form.
Cross-examined by F. A. Cooke. I have not seen the Register of deaths—I have identified handwriting in nearly 2,000 cases—there have been cases in which juries have not agreed with me—I should think the latter would represent about 4 or 5 per cent, of them—I have no doubt as to the signature being your wife's.
CHARLES WHITE (Re-examined.) Mrs. Hall is not the woman who came—the woman who came gave me particulars of the death of Daniel Kane—I put down the particulars in this book—she also gave me a certificate of the cause of death, purporting to be signed by Dr. Farr—I, at her request, gave her a certified copy, and she signed this book, "Ruth Kane"—she appeared to be much overcome by emotion, and had a handkerchief to her eyes, and sat in a chair with a rocking motion—I thought she was much distressed—she was dressed in black—I heard something afterwards, and in consequence went to 35, Rigault Road, Fulham, on August 10th, and there saw the male prisoner—I asked him whether he knew that a fictitious claim had been made upon the Prudential Company—he said he had heard since that such was the case; he had paid the claim himself, and therefore he knew that such a claim had been made.
Cross-examined by F. A. Cooke. The female prisoner, I think, opened the door to me on the occasion mentioned—I did not then connect her with the woman that called on me—when she was signing the register she kept her handkerchief to her eyes, I believe—that is how I did not notice her features particularly—she trembled violently, and I felt sorry for her.
F. A. Cooke called
always 'been very kind to my present mother, and have lived happily together—none of my brothers or sisters have been taken to the work-house.
By the COURT. Since my father has been in custody I have been living with my uncle Jack at Brentford—I cannot tell who called at father's house.
By F. Cooke. My brother Lenny is with my brother Fred at Twickenham—he has never been in the workhouse—you have always been a good father to all of us.
FREDERICK GRAY . I am manager to a butcher's, and live at 33, Rigault Road, Fulham—I have known you about eight years—I have always heard you have borne a good character—I have always known you to be industrious.
F. A. Cooke, in his defence, stated that he admitted writing the medical certificate of death, but that the prosecution must prove fraud; and that they must prove that Daniel Kane is alive, which they had failed to do; and that he had had ample opportunity of committing fraud to a more serious extent, which he had not done; and that he had worked very hard for a living and brought up seven children.
Ruth Cooke's Defence: "I have signed no paper at all."
GUILTY .— RUTH COOKE strongly recommended to mercy by the Jury, as she acted under her husband's influence.
F. A. COOKE— Three years' penal servitude. RUTH COOKE— Discharged on her own recognizances in £20.
MR. LEYCESTER, for the Prosecution, offered no evidence.
NOT GUILTY .
MR. BODKIN and MR. SYMMONS Prosecuted; MR. WATT Defended.
WILLIAM COULT (466 K.) On December 1st, at 8.30 p.m., I went to 102, West India Dock Road—in the front is a tobacconist's shop, and behind, a room partitioned off, which is a hairdresser's shop—I saw the prisoner in the shop—I bought something, and asked if he had any postcards like those in the window—he smiled and said, "Yes," and brought a box from under the counter, which I examined—I found it full of picture postcards—I selected these twelve, and paid 2s. for them—I said, "They are a bit warm"—he laughed and said, "Yes, I had some better ones, but I have sold them; if you will call at eight o'clock to-morrow night I shall have some more"—I said, "All right, I'll come and have a look at them"—he added, "I should have had some now, only the Customs destroyed about 3,000 last week"—I handed the packet of twelve to my superior officer—I went to the same address the next night at 8.15 and saw the prisoner in the outer shop—I said, "Good evening," and passed into. the inner shop to be shaved—I found a man inside whom I
now know as Bernard German—he was dressed as a barber—I was shaved—while there the prisoner opened the door and handed a packet to the assistant, and said, "These are those that I promised you last night"—the assistant handed me the packet—there were about two dozen postcards—I selected twelve—I asked the assistant how much he wanted for them; he said 9d. each—I offered him 6s. for the twelve—I paid the 6s.—the prisoner all this time was standing on the steps looking in, half way. in the tobacconist's shop and half way in the barber's shop—I asked for an envelope, which the prisoner gave me as I was passing out—the assistant handed the 6s. to the prisoner—as I went out I said to the prisoner, "Will you come over and have a drink?"—he said, "No, I cannot leave the shop"—this is the envelope, and these the photographs I bought.
Cross-examined. I do not know whether there was a name over the door or not—there are two shops; the back one would be a parlour if it was not a shop—you go up two steps to it—there is a glass door between the two shops—there was no curtain over it on this night—on the first night the postcards he displayed were similar to those in the window—on the second night I was shaved quite properly—there was nobody in the barber's shop but German, and Cohen was in the outer shop—there was not a little boy there—I had a general conversation with German while being shaved—when finished I said, "You have a riddle on the wall"—he said, "Yes, it cost me £5"—I took it down and played it, and then the prisoner handed the cards to the assistant—the prisoner was standing in the doorway—the door was open the whole time—on this occasion I had two men with me—the conversation about the money was with German, whom I paid—I say he handed the money to the prisoner in my presence—I am sure I asked the prisoner for the envelope—I took the assistant out for a drink—I paid German for the shave—I cannot say whether he handed that money to the prisoner; I know he paid the 6s. to him.
ALFRED NICHOLLS (Detective Inspector K.) Coult's visits were under my directions—the pictures of December 1st and 2nd were submitted to me—in consequence, on December 4th, a warrant was granted to search 102, West India Dock Road—I executed it—I went to the premises and took possession of 790 picture postcards—the prisoner only was there, in the front shop—I told him I was a police inspector, and held a warrant to search his premises—I read him the warrant, and then searched the front room—I found a quantity of cards exposed for sale in the window and in a box under the counter—I then went into the barber's shop and saw two men there—I said to the prisoner, "Who is this man?" who was dressed in a barber's costume—he said, "That is my brother-in-law"—I asked his name, and the prisoner said, "Bernard German; he is assisting me in the hairdresser's business"—I asked who the other man was, and German said, "That's a friend of mine"—he was ordinarily dressed—I found no postcards or pictures in the barber's shop—in consequence of what we found a summons was issued to show cause why they should not be destroyed—the prisoner appeared on the summons—an order-was
was made for their destruction, but we have retained them pending the. result of this prosecution.
Cross-examined. We seized a number of postcards in the shop window—they were no worse than those inside—the door between the two shops was ajar—there was a curtain across, but you could see through it—the prisoner did not say, "He is a hairdresser there, and carrying on business there"—I did not ask who German was—I asked who the friend was—it was a general question, and German answered, "That's a friend of mine"—the prisoner on the summons, through your advice, said he would submit to the Magistrates' will, and the Magistrates decided that some ought to be destroyed and others not.
Re-examined. There was no suggestion at the summons that they were not the prisoner's photographs.
The—prisoner, in his defence on oath, stated that he lived at 670, Commercial Road; that he took 102, West India Dock Road, and let the back shop there to a barber named Bernard German; that he had nothing whatever to do with it; that German had gone away, and he had not seen him since; that he sold picture postcards; that Coult never said, "They are a bit warm", that he said to him that he had some better ones at 670, Commercial Road; that he never handed the packet to German, and German never gave him a penny; that he saw no money pass, and that the obscene postcards produced to him were not his, and that he never sold them.
Evidence for the Defence.
SARAH COHEN . I am the prisoner's wife, and live at 670, Commercial Road—I know Bernard German—he is not my husband's brother-in-law, nor my brother—I did not know him till he took our shop—he was my husband's tenant, and paid 15s. a week.
JULIUS COHEN . I am the prisoner's son—at the end of November and beginning of December I was sitting in the barber's shop with the barber, German, who employed me to lather., at 2s. 6d. a week—I was with him three weeks—I was not working for my father at all at the time—the barber's shop is a little room off my father's shop—I remember Coult coming with two other men, on December 2nd, and his saying to the barber, "Have you got them?" and the barber answered "Yes," and took out a packet from his hip pocket and gave It to Coult—I do not know what then happened—I was sent out of the shop and went into the tobacconist's—I shut the door after me, and left the three men and the barber there—they came out and went away—I did not see my father hand any packet, nor any money paid by the police officer to German, nor German hand any money to my' father—my father was standing at the door with Mr. Silver—Mr. German used to live at 102, West India Dock Road—he was independent of my father.
Cross-examined. I mean he had nothing to do with ray father—he lived in one of the rooms up above—the barber had his meals sent from 270, Commercial Road, where we lived—I do not know what the policeman and his two friends were doing inside; I did not look to see—the postcards are kept in a box under the counter—I look at them; my father lets me
—I say the assistant took a packet from the hip pocket of his trousers—I do not know what was inside.
Re-examined. I do not know what German paid my father for his meals—if German had wanted to take any cards he could have done so.
By the COURT. My father was looking after the tobacconist's shop, ready to serve customers—he was at the door.
SAM SILVER (Interpreted.) I am a tailor, of 102, West India Dock Road—I am the prisoner's brother-in-law—I know a man called German, who lived there—he was a barber on his own account—I saw Coult and two other men enter the house—I was standing at the door—they went into the barber's shop—the prisoner was standing with me—the men were inside for fifteen or twenty minutes, and then came out with the barber—they said nothing to the prisoner when they came out—during the whole time they were there the prisoner and I were standing and walking about—I did not see the prisoner hand anything to German or receive anything from him during the time the three men were there.
SIMON LINDO . I am a hairdresser, and live with the prisoner at 102, West India Dock Road—I knew Bernard German—he was a barber, and paid the prisoner rent for his place—he has gone to America—there was some trouble with cards—this is a picture card I received from him.
Cross-examined. I used to work at Shepherd's Bush—I work now in German's shop for Mrs. Cohen, and receive wages—German was there a few weeks.
GUILTY . The prisoner's premises were described as brothels of a dangerous character. A conviction at the North London Sessions, on April 17th, 1901, was proved against him. Twelve months' hard labour.
MR. MUIR, MR. BODKIN, MR. BOYD, and MR. FORREST FULTON Prosecuted; MR. HUTTON and MR. DUCKWORTH Defended.
ALBERT EDWARD HOLE . I am a clerk in the office of the Registrar of Joint Stock Companies, Somerset House—it is necessary prior to the registration of a company that there should be a Memorandum and Articles of Association signed by at least seven persons, each of whom takes a share or shares—the documents are taken to Somerset House and filed there—they must disclose the total amount of capital of the company, and a fee is payable in proportion to the amount of such capital—on a capital of £1,000 the fees are £67s. 6d.; on £2,000, £8 17s. 6d.; £3,000, £12 7s. 6d.; £10,000, £33 2s. 6d.; £15,000, £46 17s. 6d.; £50,000, £143 2s. fid.—if documents are left for registration without the fees, they are returned the same night by registered post—a company cannot be registered with exactly the same name as the firm registering it, unless the original company is in liquidation—I produce the file of J. Byrne & Co. Limited, of April 15th, 1899, capital £2,000 in 2,000 shares of £leach—it' was registered by Byrne & Co., of 95, High Holborn—it may be registered by an agent or some person interested in the company—amongst the
original signatories in J. Byrne & Co., Limited, were Richard Smith and Alice Byrne, with witness "J. Byrne"—one of the objects of it was to carry on the business of company promotion and registration, and to publish books and pamphlets—by Article 27 of the Articles, "James Byrne shall be chairman and managing director for ten years"—the file comprises an agreement of April 1st, 1899, by which Byrne sells and William Clinton, on behalf of the company to be formed, buys Byrne's business for £500 in shares—that is the consideration—each year a return of the capital and shares has to be made to Somerset House—in September, 1900, I find that 507 shares were taken up, including, the 500 vendors' shares—in the Register of Directors the first directors were James Byrne and Frederick William Taylor, who was also secretary—by August, 1901, I find that Taylor resigned and Alice Byrne took his place as a Director—by September, 1902, I find Alice Byrne had resigned and Richard Smith had taken her place as a Director—I find then that 532 shares had been issued; twenty-seven were held by Mr. Smith, of which twenty-six had come from Alice Byrne—there is no later return—I was at Somerset House on October 7th, 1903, when certain papers in reference to Yeomans, Limited, were presented at 3.50 for registration, by some clerk—there were no fees left with them—they were returned to the clerk, who brought them—they were not too late to pay the fees—we could not have examined the papers, but the fees could have been paid up to 4 o'clock—next day we received this letter from James Byrne (This stated that the enclosed papers were tendered yesterday, but were too late, and requested that they might be examined, and the necessary stamp duties would then be paid)—there were no fees with them, and they were returned on the 8th by registered post.
Cross-examined. One man companies are not unusual—a great many companies that are registered never proceed to allotment—there are a great many companies on the file in the name of Smith—when a clerk comes to register a company, he might give his own name, when the registration would be entered in that name—as far as I can ascertain, thirty-one companies have been registered in the name of Byrne & Co., during the last six years, to August 3rd, 1903—I do not know the names, of the prisoner's clerks—I cannot tell without the file who registered the company of Sutton Gardner—I cannot say that thirty-one represents the volume of business done by the prisoner during those six years—we satisfy ourselves that the papers are in order before the fees are paid, but if they are brought in late in the afternoon the people are allowed to pay the fees before the papers are examined—if we refused to register the fees would be returned—since the Act of 1901 came into force the requirements are much stricter on registration—before the new Act no declaration of compliance or list of persons consenting to act as directors was necessary—if the list of directors contained the name of any person who has not consented, the applicant is liable to a fine not exceeding £50, so that it would be of the greatest possible moment to the applicant to see that all these things are in order before he delivers the list—I went through a list of companies with Sergeant Haines, with the indices, and
ascertained which companies had been registered and told him—any alteration in the title would invalidate my answer as to the number—a company in the list prepared may have been registered by a clerk from the prisoner's office, but I doubt it, as I should have seen it was the same address.
Re-examined. In going through the list with Sergeant Haines of companies registered by Byrne, I found the printed name of Byrne & Co.—I can suggest no reason why some of the companies should have the name of Byrne on, and others should not, if they were, in fact, registered by him or by his clerk.
RICHARD SMITH . I live at 3, Colthurst Cottages, and am a journeyman printer—four or five years ago I was engaged by the prisoner as printer at 25s., and increased to 35s. a week—I first worked at Woolwich on his premises, and afterwards at Eagle Street, Holborn—I printed generally Memoranda and Articles of Association and prospectuses—one set of memoranda was very much like another—I could keep a good deal of it set up—we moved from Eagle Street to Church Passage, Chancery Lane—I got my wages regularly up to last June; £12 15s. was owing me when the prisoner was arrested—I was one of the signatories of J. Byrne & Co., Limited, and had one share, for which I paid nothing—the prisoner's wife died in August, 1902—about that time a Mr. Marshall spoke to me, and in consequence I asked the prisoner whether I was a director of his company—I did not know—he said that I was—I then had twenty-seven shares—I paid nothing—I have never had any dividends—we had no board meetings—Mr. Marshall was secretary—I had no right to draw cheques—I never acted as a director, and was not told that I had any responsibilities—I went on setting up type—in February, 1903, the printing office was burgled, and a quantity of type missed, which stopped the printing for a fortnight, I should say—I did not print these pamphlets (Produced.)—the gentleman at the back in this photo is Mr. Taylor.
Cross-examined. I was too busy to appear in the photo—I asked for my wages which were in arrear, and was promised that they would be) paid at the end—other firms printed for the prisoner at the time I was his printer, such as McNeil, of Edinburgh, and the Central Press afterwards, I believe—I cannot say whether a considerable amount of genuine business was done by Byrne & Co., as I was not in the office—I had plenty of work to do, with a little work outside—I was occasionally hard worked.
Re-examined. I never accepted from July £1 a week as full salary.
DUDLEY WEST HERVEY . I live at 25, Lillie Road, West Brompton, and was the prisoner's clerk in February, 1902, at £1 a week—at that time the offices were in Holborn: they consisted of two rooms on the first floor, and he occupied the upper part of the house as private premises—the front office was occupied by Mr. Marshall, the secretary, the prisoner and myself, and the back one by three clerks, I think there were—I left him on April 16th, 1903—when I went there was only one typist left, Miss Woolway, and an office boy—I was told if any callers came to communicate with the prisoner up stairs—when fresh callers came the prisoner if he was in, would see them; if not, Mr. Marshall—he was very seldom
anxious to see old customers—an old customer who gave the name of Sutton Gardner called—I sent up his name to the prisoner, who replied "That swine, Gardner; I don't want to see him"—whether he saw him or not I cannot say—the only book I saw besides a petty cash book was a receipt book—no real books were kept—there were letter books—I know the prisoner had an upset in his trap and injured his arm, but I cannot say when—I should say he was away three weeks or a month, perhaps longer.
Cross-examined. My duties in the office were anything and everything—I did not keep any memorandum of who called—many people called every day—I was there a year and two months—I do not say that Mr. Sutton Gardner called; I say that name was given—when I saw Mr. Sutton Gardner at the Bow Street Police Court I knew there was a mistake—I have heard that there was a Captain Gardner who had some horseracing transactions with the prisoner—I have seen him once, and could not mistake him for the other—it was about the end of November, 1902—I went to see a Miss Phillips after the prisoner's arrest—she gave me a little money.
Re-examined. "What I have stated about what went on at the prisoner's office is the truth.
WILLIAM SUTTON GARDNER . I am an artificial tooth manufacturer, of Laurel House, Cheltenham—I saw an advertisement in the Daily Telegraph in 1899, and in consequence communicated with Byrne & Co., and received this letter in reply," on November 7th, 1902 [This stated the advantages to be gained by turning the witness's business into a limited liability company, and stated the fees that were payable in advance.]—I decided that my company should be registered with a capital of £500—later on it was increased to £1,000, on the advice of Byrne & Co., and I sent them two cheques, one for £15 and another for £2 10s.—they were paid through my account, endorsed "For Byrne & Co., J. Byrne"—these are the receipts I received—on November 20th I received this letter [This enclosed a rough proof of Articles and Memorandum of the Midland Dental Company, with a request to return it with any amendments.]—the company was not registered by Byrne & Co.—I communicated with them from time to time—I waited about a month, and on February 18th, 1903, received this letter [Stating that Byrne & Co. were fling the documents, and would write further to-morrow.]—I later on instructed my solicitor with regard to the, matter—I have never received any part of my £17 10s. back—my company was later on registered by my solicitor, and I had to pay further fees.
Cross-examined. I never called to see the prisoner—this business was all by correspondence from Cheltenham—I received some replies signed by Marshall—I always addressed my letters to the firm—my business was a dental one—I am not a qualified dentist—it was proposed that we might employ qualified assistants—there is, I know, an objection to an unqualified man practising as a dentist—I do not admit that the object of turning myself into a company was to evade the Dental Acts—we were to be registered as the Midland Dental Company—as far as I know, we are not allowed to use the word "dental"—the company was ultimately
registered as "Sutton Gardner, Limited"—! had no objection to a one man company.
WILLIAM GEORGE EARENGEY . I am a solicitor, of 3 Wellington Square. Cheltenham in January, 1903. I was consulted by Mr. Sutton Gardner in consequence I wrote this letter of. January 23rd to the prisoner (This stated slat the witness had consulted with reference to the Midland Dented company, and complained of neglect, and that his client reserved the right to sue for a return of the money or damages.) I got no reply. and wrote again on January 28th (This complained of neglect and threatened to take immediate proceedings.)—that was replied to by this letter (Stating that Mr. Byrne was a way but would return next weeks And would send a declaration of compliance.) I got that declaration and handed it to Mr. (Gardner, with instructions to swear it I did not see it afterwards; it was returned to the prisoner—I got no answer from the prisoner, nor heard anything after March, and no part of the £17 10s. has ever reached my hands—I proceeded to register the company, and paid the getting the money from Mr. Gardner. with my costs.
Cross-examined. I cannot say whether I treated it as a civil debt or not—I certainly did not think it was a criminal matter at the time—I cannot say whether the bulk of the letters we received from Byrne & Co. were signed by Marshall or not-when I registered the company Messrs, Waterlow & Sons acted as my agents in depositing the papers, and their name appeals on the tile, but not on my papers in registering; the company I made use of the—prisoner's prospectus and Memorandum and Articles of Association, but altered them I do not surest that th* prisoner ought to have done all that work for nothing.
By MR. DUCKWORTH. I think it had been sent before, but I was not quite sure how it had to be tilled up—I did not sign it before the commissioner in the first instance.
JAMES CURRY . I live at 45, Evington Road, Leicester, and am managing director to the Leicester Heel company—up to June, 1903, I was in business at 12, Junior Street, Leicester, as a heel manufacturer—in March, 1902, I saw an advertisement in the Shoe and Leather Record—I wrote to Byrne & co., Limited, and in reply received this circular (This pointed out the advantages of limited companies, and stated that business could be formed into companies at slight expense.)—in June, 1902, I went to 95, High Holborn, and had a conversation with the prisoner—I went with him into the question of cost and the capital—he told me his fees would be £25 or £17, I am not sure which, but there was a scale—I signed a letter of authority to form the company and register it, and paid him £25 in bank notes—I received this receipt—I got the notes from the Leicester Branch of the Northamptonshire Union Bank—I got a draft prospectus within a week or two—my company was never registered by the prisoner—I got no part of my money back.
Cross-examined. My primary object was to get capital—I did not
complain to the prisoner about, delay until some time after I paid the money—my balance shoot at the time I want to the prisoner showed a small loss on the trailing—he did everything necessary. I think, except registration—I was to find the solicit or—it was arranged with a Mr. Ewing to amalgamate Jus business with mine, which would then show a profit, and invite the public to come in—then I found out that no prospectus was needed, as we had enough capital, and we did not appeal to the public I practically took in a partner—by doing that the prisoner was not able to earn his commission of. per cent. but. he did not complain.
Re-examined. My arrangement with him was that he was to do everything necessary up to the registration of the company my solicitor said some of the forms I had wore not what wore required, and that other forms would be necessary—I have never received back one penny of the money paid.
THOMAS SKAUSON LOVELL . I live at 3. Conduit Street. Leicester, and am chief cashier of the Northamptonshire Union Bank, Leicester—I produce a certified copy of the Bank Note Register of our bank—I find there the name of James Curry—I find on August 13th, 1902, a £5 note, 35 A42985, and two £10 notes, K496461 and K496462, paid in exchange for a 25 cheque.
CHARLES GRORGE BIRD . I live at 100. High Holborn, and am manager at the White Horse public house—I know the prisoner as a customer—I have frequently changed notes for him—I remember seeing a £10 and a note at. the police court—I do not remember the numbers—each no to bore my endorsement, and I changed them across (he counter.
By the COURT. I cannot say whether (he prisoner personally brought them it may have been a clerk.
By MR. BODKIN. He was in the habit of sending in, and also changing notes himself.
Cross-examined. I do not know what notes I changed, except that some notes were brought in by somebody which I endorsed—Mrs. Byrne used to deal of us for wine—I never received any money from her: the prisoner used to pay the account—I only identify these notes because they bear my signature.
JOHN PENNACK . I live at. 151. Alderminster Road. Bermondsey, and am manager to Mr. Hawkins, a builder and undertaker there—I remember receiving a £10 note from the prisoner in part payment of his wife's funeral I paid if to my employer.
FRANCE HENRY REYNKTTE MIDDLETON . I am cashier at the London and South-Western Bank. Bermondsey—Mr. Hawkins banked there—I produce a certified extract, from the Waste book—I find that a £10 bank note, No. 49461, was paid into the hank by Mr. Hawkins on August 21st. 1902.
ALFRED TAMMADGE . I live at 259, Essex Road, Islington, and am a bookbinder—in December, 1902, I saw an advertisement in the Daily Telegraph—in consequence I got into communication with Byrne and Co. on December 8th I want, to 93 High Holborn and saw Mr. Marshall, and had a talk with him—a week later I want to the Byrne place with six
other persons—I there saw Mr. Marshall and the prisoner—we had a conversation about my business—I desired to form a company, and he said as I was finding my own shareholders lie would do it for £20 13s.—the capital was to be £1,000—I there and then drew a cheque for £20 13s. payable to Messrs. Byrne & Co., Limited, dated December 15th—J asked him to hold the cheque over for a month—he said "Yes"—a month later Marshall came to me and brought my cheque with him—it had been returned through the bank, and I told him to pay it in again the next day—it was then met by my bankers—I called at the prisoner's office five or six times—I could get no information about the registration of the company, and I could not see the prisoner—I did not write—this letter (Produced,) was written, I believe, by one of the shareholders on my behalf—this reply of February 6th, 1903, was received (This stated that they were preceding with the necessary printing, but that a robbery had recently taken place, which had delayed matters.)—I saw later, from an advertisement, that the prisoner had moved to the Strand, where I called several times, but could only see a clerk—I only saw the prisoner the last time 1 called—he showed me that he had printed the Articles of Association, and said, "You don't want a' company like that: let me find you a partner"—I agreed to do so—I never had any communication with him after that—he never found me a partner, and I never received any of my £20 13s. back—my company was never registered.
Cross-examined. I have also a public house, as well as being a wholesale bookbinder—the public house, is a speculation—my business was not in difficulties; I was in a difficulty—I called a meeting of creditors—I say my business was a flourishing one, but I owed £2,000 odd—Mr. Lamb was my manager—I did not instruct him to write to the prisoner—after the prisoner persuaded me to let him find me a partner I decided to drop my company—the prisoner was to have a commission for finding the partner, but no figure was arranged.
ALFRED WILLIAM SMITH . I live at 17, Ruthin Street, Westcombe Park, and carry on business with my brother as J. & A. Smith, cartage contractors, at Suffolk Park Road—in 1902 I got a pamphlet like this—I bore it in mind, and after my father's death I communicated with the address on it, 95, High Holborn, but the reply came from 200, Strand—my brother and I went to see the prisoner in March, 1903—we were desirous of forming our business into a limited company, and discussed it with him—he said it was a good concern to turn into a company—the suggested capital was to be £15.000—we asked his terms, and he said 10 guineas for the printing and out of pocket expenses, and that the registration fees payable to Somerset House would be 150—we told him we could find our own capital, and he said unless he was allowed to find some money the business would not pay him—it was agreed that he should find up to £8,000, for which we were to pay him 5 per cent, commission—my brother signed his letter of authority, dated April."3rd—my brother drew a cheque for 160 10s. in my presence and paid it to the prisoner—he gave this receipt—the company was to be brought out. I think, the Saturday after Easter—a Memorandum and Articles of Association was prepared and sent to us
—I kept it a day and took it back—the company was not registered on the day arranged—I called on the prisoner—he told me he had applied to Somerset House for registration, but they had returned the papers because there was another firm of the same name already registered—he suggested three other names, all variations of Smith—we arranged a name—no company was registered—my brother wrote to Somerset House—after that he wrote to the prisoner on May 8th—I went again several times, but. could not see him, but after I and my brother got into the street we saw him come from the office—we had been waiting there for some hours—I went up to him and asked him to give me two or three minutes—he had a gentleman with him—he said he would by back in half an hour—I said, "I'll wait for you"—I went back, and was told that the prisoner would not be returning to his office that afternoon, as he had to attend a meeting—I saw him later, and told him we should be compelled to take proceedings—he said there was no necessity for that; he had been very hard up lately, and that he did not. keep our money one hour after he had got it: that he was expecting some more money, and would then get on with our business at once—our company was never registered, and we never got back any of our money—we talked it over with a friend, Mr. Dixie.
Cross-examined. We did not consult Mr. Dixie, we chatted over the matter with him—he was a solicitor's clerk—I did not know the name of his firm, and never went to them—I asked Dixie to do the best he could for us to get our money back from the prisoner—he said he would write—he was to get something for his trouble—the prisoner said he would return £50 of our money, and we assigned that to Dixie—part of our complaint against the prisoner is that he led us to believe that £150 should be paid to Somerset House—in the letter I signed it is called an "agreed fee"—I knew there was a good deal of printing to be done—I know that a company is not formed without trouble.
Re-examined. The £160 10s. was to be made up of 10 guineas for the printing and out-of-pocket expenses, and £150 for the fees.
SIDNEY ALBERT SMITH . I live at 20, Nunhead Lane, Peckham, and am the last witness's brother—I remember seeing this red pamphlet about the time I decided to turn the business into a company—I remember seeing the Press opinions in the pamphlet, and from them formed the opinion that Byrne & Co. were a respectable firm; I subsequently went and saw them with my brother—I signed this cheque, dated April 7th, for £160 10s.—it was handed to the prisoner—I remember communicating with Somerset House—in consequence I inquired of the prisoner whether he had registered the company—he said he had sent down, but they had refused to register under the name of "J. & A. Smith & Sons"—I received a letter from Somerset House, which I showed to the prisoner, (This stated that no refusal to register under the title had been sent.)—the prisoner was very much annoyed at our writing, and said we were not justified in having done so—I had just previously to seeing him, discovered that the registration foe was only 5s. percent. instead of 1 per cent., and told him so—he first denied having said so—
I protested that he had. and a Mr. Lee, who was with me, also said that he had—the prisoner ordered Lee out of the office and then said to me, "As to you. Mr. Smith, your solicitors can write to me"—I said there was no need for that: if he would register the company the matter could be settled, and he promised to do so—he gave me some forms which he said it was necessary to rill up—I took them away.
Cross-examined. I read over the letter of authority before signing it—I understood the term "agreed fee"—I had had a discussion with the prisoner as to the general terms, what work lie was to do, and how much he was to be paid; then I signed the letter of authority—the agreed fee was to include the whole of the expenses, but not his trouble—he was to get something more for that—he did not get any more because he did not carry the thing out—some time after first seeing him. a clerk called at our works, taking particulars for the prospectus—I never saw a prospectus; the instructions were withdrawn—it was supposed to be in the printer's hands—it is not true that I told the prisoner I did not want known the condition of our business—it was not in a bad condition or insolvent—nothing was owing but trade debts and a personal loan to ourselves—the prisoner said we could have some money out of the capital raised to pay off the loan—I was not being pressed for payment of the loan.
JOHN WILLIAM DIXIE . I live at 13, Bellwood Road, Nunhead, and am a solicitor's managing clerk—in June last I saw Mr. A. W. Smith—in consequence I went to 200, Strand and saw the prisoner—I asked him why he had not registered Smith's company—lie said he could not register it because he had not got the prospectus signed—I told him that it was necessary in this case for the prospectus to be. signed before he registered the company—he agreed to that—he promised to register it by the next Friday—this was on a Wednesday—on the Friday I called again and saw the prisoner, and asked him if he had registered the company, and he said No, he had not got the money—I asked him what he had done with Smith's £160—he said he had used it for registering other companies, that he had had money to register other companies, but that he had used it—I told him the matter would be laid before the Public Prosecutor, and he said he took care to keep out of the hands of the police, and he did not care what I did—he promised to register the company as soon as he got some money in—I saw him several times subsequently, and came to an arrangement to return 50 of the money—I have never received the £50 or any part of it—I saw him later, and he produced a post-dated cheque which had been given him. and said as soon as he had cashed it he would pay £25 on account.
Cross-examined. I saw him twenty or thirty times—the matter had been placed in my hands to recover what I could—Messrs. Smith first asked me to see the prisoner about getting him to register the company—I saw that the prisoner would not do that, not having the money, and so I advised Messrs. Smith to get back what they could—after that I had authority to do what I liked and get back what I could—I have had experience of company work in a solicitor's office—it is a very common
thing for prospectuses to be signed where they arc going to the public for subscriptions—I took no notes of the conversations, and what I have said to-day is entirely from memory—I arranged with the Smiths that I should have out of the £50 £25, and £25 was to go to Smith—I had difficulty in seeing the prisoner when I called.
ALBERT JAMES YEOMANS . I am a glass importer, of Edgecombe Street, "Stonehouse, Devonshire—in June, 1903, I received a pamphlet entitled Limited" from Byrne & Co.—I forwarded 2s. to them, and received a book called "Guide to Company Formation," written by Byrne—I wrote to the firm on May 22nd, and" it was finally agreed with them that my business should be turned into a limited company, of 1,000 preference and 1,000 ordinary shares—I signed this letter of authority, agreeing to pay £."37 10s. for floating the company—I had a good deal of correspondence with the prisoner in respect to the company—on July 2nd this cheque for £."37 10s. was handed to him—it has been paid—I had some difficulty in seeing him, but ultimately I succeeded—he sent me some fresh forms—on October 6th I came to London with my solicitor, and next day called at 200, Strand—I was not able to see the prisoner—I went to Bow Street and made inquiries—the next day I tried to see the prisoner, but failed—I received a message from him, making an appointment for the 8th, which I did not keep—I applied for a warrant, and he was arrested on the 8th—my company was never registered, and no money ever received back.
Cross-examined. My trade creditors did not object to my business being formed into a company, and it did not cause any delay—the prisoner did not write saying that he could never get on with the business if I did not fill up the forms correctly—the cheque I gave was for an agreed sum—
Re-examined. When I received any communication from the prisoner as to filling up the forms I returned them at once filled up.
ALBERT EDWARD SAWDAY AKASTER . I am a solicitor practising at Devonport and Plymouth—I was consulted by Mr. Yeomans about June 19th, 1903—on his instructions I wrote this letter to the Companies' Registration Agency, 200, Strand (This asked as to Mr. Yeomans' position, and what the fee of £37 10s. included.)—on July 2nd I wrote tit at I had seen my client, and he instructed me to forward enclosed cheque for £37 10s.—it was Mr. Yeomans' cheque—it is endorsed "J. Byrne & Co., Limited, per p. Woolway, Cashier"—I got this receipt, dated July 3rd—(Letters were put in complaining of the prisoner's delay.)—on October 5th I. came to London with Mr. Yeomans and made inquiries on the 6th—I then went to 200, Strand, and saw a representative of the firm—I had some conversation with him and went away—I called again next day and tried to see the prisoner, but failed—the next day my client laid an information at Bow Street.
Cross-examined. I have very slight experience of companies' registration—I know that a considerable number of documents have to be filed, and the particulars for the documents have to be obtained from the person who desires to form a company—I think that would be a matter of some difficulty, and take a certain amount of time—when Mr. Yeomans
consulted me he brought the Memorandum and Articles of Association and another paper with him, which I should think had been prepared by the prisoner—Mr. Yeomans' object in forming a company was to develop his business, I understood—the £37 10s. was an agreed fee to be paid if the company went through.
Re-examined. At the date of my visit to the prisoner things were in the same state as they were on September 14th, when the prisoner wrote saying that the delay was not through any fault of his, and that he required £3 3s. extra for additional printing.
ROBERT NICHOLLS . I am a timber merchant, now residing at Enden Fields, Alsager, Cheshire—I formerly resided at Stoke-on-Trent—I had a saw mill and timber yard at Wharf Street, Stoke-on-Trent. and carried on business alone as T. and R. Nicholls—in December, 1899, I saw an advertisement of the prisoner's—in consequence I wrote to Byrne & Co., Limited, Companies' Registration Agents, 93, High Holborn, and received this circular letter, offering to form my business into a company at a minimum of expense and at moderate charges, and stating that they required a small preliminary fee to cover cost of registration and Government stamp duties, printing, postages, and other incidental expenses, which were returnable to me by the company, and not by Byrne & Co., out of the consideration money on the company going to allotment—it also stated that they required a commission of 5 per cent, on the amount of capital introduced by or through them—I went to London and had an interview with the prisoner—after that I wrote this letter on February 5th (This stated that Byrne was to prepare the documents and lodge them with the Registrar, pay the stamp duties and fees payable on the registration of the company, with a nominal capital of £50,000, and that the witness agreed to pay £500 on the signing of the letter)—on February 10th the prisoner came to Stoke-upon-Trent and went over my works—I gave him on the 10th or 11th, I believe, two cheques for £250 each, dated March 1st and April 1st, I think—they were duly honoured—the cancelled cheques were returned by the bank at the end of the half-year, and I have destroyed them—I always destroy paid cheques when I find they tally with the pass book—I received from the prisoner proofs of the prospectus and application forms, and two days later the Articles of Association and forms, which I signed and returned—there then followed, a long correspondence with regard to trustees for debenture holders—my company was never registered, and I have never received any of my £500 back.
Cross-examined. I signed a letter of authority and a commission note—I cannot say that the prisoner took a lot of trouble about my company—he wrote me a number of letters—he told me my business was a good one—it has since been turned into a company, which is now being voluntarily wound up owing to shortness of capital; it is now being re-formed—I told the prisoner I wanted a loan, and he suggested drawing a bill for £2,100—it may have been prepared, I do not remember—it was never discounted.
Re-examined. I received a large number of letters from the prisoner, including some addressed from France and Ireland.
WILLIAM NEWBEGIN BEAL . I am an accountant at the Capital and Counties Bank, Ludgate Hill—on November 10th, 1902, the prisoner transferred his account from our Hastings branch to the Ludgate Hill branch—I produce a certified copy of his account—this cheque, dated November 10th, 1002, for £15, drawn by W. Sutton Gardner, was credited to the prisoner's account on November 10th, 1902—there is a credit of £3 11s. on November 17th, which consisted partly of a cheque for £2 10s. drawn by W. Sutton Gardner—the prisoners account was closed on March 28th, 1903, with a credit balance of Os. 2d., after deducting our charges of 5s. 3d.
Cross-examined. £342, £126, and £216 had been paid to his account.
HAROLD CHADWICK BATES . I live at Trafford Lodge, South Woodford, and am a teller at the London and Westminster Bank, Holborn Circus—I produce a certified copy of the prisoner's account with us, opened on February 10th, 1903—on April 8th the credit balance in the morning was 14s. 6d.—£160 10s. was paid in later in the day by this cheque on the London and City and Midland Bank—it was specially cleared, I do not know at whose request—the customer was charged 2s. 6d. porterage—on the same day I find that £1 1s. and £150 were drawn by cheques payable to the prisoner—the balance at the end of that day was £10 1s.—the account was finally closed by us on June 25th, there being then a debit balance of 4s. 9d.
Cross-examined. Another account was opened in the name of Mrs. Byrne—there were large sums paid into that, I think some thousands of pounds.
ERNEST PELLING . I live at 39. Burlington Road, Thornton Heath, and am chief cashier at the Civil Service Bank, Charing Cross Road—I produce a certified copy of the prisoner's account with us, beginning June 23rd, 1903—on July 3rd there was a balance of £12 2s. 8d. in the morning—a cheque for £37 10s. was paid in that day—on July 11th the balance was 4s. 8d.—on July 25th it was overdrawn £14 5s. 4d.—on October 21st the balance was £3 17s. 8d.—that was drawn out, and the account was closed.
Cross-examined. The prisoner paid in on July 24th a cheque for £50, from which 1s. 3d. was deducted for charges—he asked us to specially clear the cheque—it was sent direct to Coventry, and took three days to clear—his total payments to us were £680 1s. 11d.—he told us he had other banking accounts—he drew a cheque for £35 to self on October 8th.
Re-examined. A cheque for £47 11s. was paid in on October 8th, and appears to have been specially cleared.
ALBERT HAINES (Detective Sergeant A.) About 3 p.m. on October 8th I received a warrant for the prisoner's arrest—I saw him about to enter the doorway of his office, 200, Strand—I, with Detective Sergeant Stevens, stopped him. and told him I held a warrant for his arrest on the charge of unlawfully obtaining by false pretences from Albert James Yeomans a cheque for £37 10s., with intent to defraud—I told him I should take him to Bow Street—he replied, "Oh, Yeomans; why. those papers were sent to Somerset House this morning; I was just going there to pay the
fees"—I proceeded to take him to Bow Street, and when passing Somerset House he said, "Do you refuse to let me go and pay the fees on those papers?"—I said, "I cannot allow you to do so now; you are under arrest"—he said, "Very well: I ask you now because I shall have to put that question to you in the Court"—further on, on the way to Bow Street, he said, "Well, Sergeant Haines. I know you have been very busy about me for some time past, but I do not think you bear me any animosity; I hope you won't say more than you can help; this is the only case against me, I suppose; if so, I can soon dispose of that; I have a complete answer to the charge"—he was taken to Bow Street Police Station—the charge was read to him—he made no reply—I found on him two £5 bank notes, about £4 and some odd shillings in cash, a P.O. order for 2s. and two cheque books, one of the Civil Service Bank and the other. the Economic Bank—I searched his offices, 200, Strand, the same day and found a counterfoil receipt book, which I have examined and made a schedule of—the first cheque is dated September 11th, 1902, and the last July 24th, 1903, and shows a total sum received of £l,043 5s. 6d.—I find there are twenty-two companies not registered and seven registered—I have made a search at Somerset House with Mr. Hole, and those that I say were not registered by the prisoner are those that I have not been able to find any registration of.
Cross-examined. I found amongst the papers some relating to companies which had been registered, and when I say that some of the companies were not registered I mean not under the name of Byrne and Company—I cannot say whether they have been registered under other names or not—the only schedule I prepared is the one I got from the receipt book; that dates from September, 1902—I found in the offices about a cab load of papers—I cannot say how big the business was that the prisoner was doing before the date mentioned.
Re-examined. Another receipt book I did not include in my schedule—the first, receipt in it is dated September 22nd, 1002, "Re tobacconist's business, £1 1s."—there are fourteen altogether.
The prisoner, in his defence on oath, stated that he removed from 95, High Holborn, to '200, Strand, owing to small-pox breaking out: that he formed his business into a limited company on April 15th, 1899; that he had registered up to the lime of his arrest 125 to 150 companies, about thirty himself and the rest in the name of whoever went with the papers; that it was Mr. Nicholls' own fault that his matter was not carried through, as he, the prisoner, could get no proper books nor auditor's certificate, and Mr. Nicholls own bankers refused to act. and generally they could get no front page of the prospectus; that Mr. Smith's company was not carried through because the papers were withdrawn; and Mr. Gardner's matter did not go through because he, the prisoner, fell out of a trap and was laid up, and that great delay ensued owing to that and other matters; that Mr. Curry amalgamated his business with another, and did not want a company; that Mr. Tammadge eventually wanted a partner instead of having a company formed: and. as to Mr. Yeomans. he, the prisoner, had the money in his pocket and was just going to pay the fees when he was arrested.'
GUILTY . A conviction of felony at this Court on February 10th, 1895, was proved against him. The police stated that he had carried on fraudulent businesses for years. Three years' penal servitude.
FOURTH COURT.—Thursday, January 15th, 1904.
Before J. A. Rentoul, Esq., K.C.
He received a good character while in his regiment and before entering it. Three months' hard labour.
MR. RANDOLPH Prosecuted; MR. JARVIS Defended.
EDITH DANN . I am single, and have been seven years in the employ of Mrs. Brown, of 22, Burton Court, Chelsea—I have a sister named Gertrude Dann, who was staying at Burton Court on November 25th—on that day she went to Harrod's Stores, and was arrested there with one of the countermen—I heard that she had been taken to Westminster Police Court on November 26th—I did not go—there on that day., but I am aware that she was remanded, and that bail had been asked for, of two sureties, herself in £25 and another in £25—on November 27th the prisoner came to see me at Burton Court with Mr. Pierce, whom I know, and who introduced the prisoner—I had never seen him before—Mr. Pierce was a friend of a friend of mine—I had told him the day before the trouble I was in with my sister—he said that the prisoner would stand bail for her, and I said I was very glad—the prisoner introduced himself by taking out what he called his certificate, saying that lie was the bailiff of Brompton Court—I just looked at it; I did not go into the details—he asked me what I was prepared to give him for standing bail, and I said I had not very much in the house—I had three sovereigns, which I handed to Mr. Pierce in the prisoner's presence—he gave it to the prisoner later in the day—' we all then went to Mr. Dutton's, who was defending my sister—from there we went to the police court—I waited outside, and then went home—I heard afterwards that the prisoner's bail was not accepted, as inquiries had to be made—the prisoner came to see me on November 30th, the following Monday, and said he would stand bail for my sister if I would find some security to deposit at the Court—I said I had nothing, but I would go and ask a friend of mine—the security was to be a cheque for £25, to be made out to him and left open to be deposited in Court—I went off to see Miss Hundy, a friend of mine who keeps a lodging house, and both Mr. Pierce and the prisoner accompanied me, but they did not go in with me—I took the certificate given me by the prisoner to show her—she gave me, this cheque (Produced), made out to "Frederick Henry John Werndel," which I gave to the prisoner—we then went to Parr's Bank, Sloane Square, where the prisoner cashed the cheque—that was
about 3.30 o'clock, and he said he should have to hurry up, or he would be too late to bail my sister—he then went to Mr. Button's or the Police Court—later that evening he came back with my sister—nothing was mentioned about expenses except by my sister—she surrendered to her bail on December '3rd, and was remanded for a week—I did not attend the Court that day. but I went up the next time and paid the bail fee—about this time I gave the prisoner £3 and £1 1s. for expenses—my sister was again remanded till December 10th, when she was discharged—all the time I supposed this £20 was in Court—he had never told me anything about it from when I gave it to him until my sister was discharged—I did not ask him anything about it at the Court—on December 18th he left the Court and went home, having made an appointment to see me on Monday, the 21st—on that day I asked him for the money, and he said he had spent some of it—I said I was sorry to hear that, because it was only lent to me for one purpose, and that I was quite willing to pay any expenses that he might have incurred—I said I would see Mr. Pierce about the matter, because he knew about it—I went and saw Mr. Pierce—the prisoner sent me a £5 note—he has had £25 of Miss Hundy's money, £4 1s. of my own. and I have had back £5—he has never suggested to me how he could make up the £24 1s. in expenses—it I had not believed that the £23 was not wanted for the purpose of being put into Court. I would not have given it to him.
Cross-examined. I sent for Mr. Pierce when I got into this trouble, as he was a friend of mine, and I thought I could rely upon him—I am quite certain Mr. Pierce handed the prisoner the £3 in Fulham Road when we were together—the prisoner then had to leave us to go to his own house—I had every opportunity of seeing whom the prisoner was—all I understood was that he was a bailiff—I did not understand that he would have to go surety for £50—he certainly did not say that as he would be running the risk of £50,. he would require £25 for his trouble and expenses—he sometimes, I believe, paid the expenses of myself and Mr. Pierce—he paid for the cabs to Holloway, but I did not go with him—I was wrong if I told the Magistrate that I paid the bail fee on each of the occasions when my sister was remanded—after my sister was discharged I did not say to the prisoner, "You ought to let me have some of that money back"—he did not say, "I have no money about me, but will you be satisfied with £5, as your sister has surrendered to her bail on each occasion?"—I did not say, "I shall be satisfied with that"—Mr. Pierce and my sister are not witnesses in this case—I did not know that the bail was £50 until it was all over—he requested that the cheque should be drawn payable to him, so that he could cash it and deposit the money in Court—I know Higgs as a counterman with whom my sister was charged for obtaining goods by misrepresentation, using Mrs. Brown's name—she really went at my request—as Mrs. Brown's maid, I can send for goods, including groceries—I said I would spend what I could afford in saving my sister, but I never said that if the £3 were not sufficient I would borrow from Miss Hundy—I heard that if my sister had not surrendered on each occasion the prisoner would haw to pay £50, but I did not understand it.
Re-examined. I do not understand anything about these things—I had not the £25 to give him—Mr. Pierce gave me the £23 on behalf of the prisoner.
By the COURT. Mr. Pierce is a sign writer—I was not there when the bail paper was signed by Mr. Horace Smith—the friend that introduced me to Mr. Pierce is a Mrs. Bennett.
AGNES MARY HUNDY . I am single, and keep a lodging house at 16, Chester Terrace—I know Miss Dann—on November 30th she called upon me and showed me a paper, and in consequence of what she said and showed me I wrote out this cheque (Produced), drawn upon Parr's Bank, Sloane Square—it has been through that bank and paid—I do not know the prisoner.
CHARLES WILLIAM SMITH . I live at. 13, St. Stephen's Avenue, Shepherd's Bush, and am a cashier at Parr's Bank, 14, Sloane Square, S.W.—this cheque was cashed on November 30th—it was endorsed, but as it was a bearer cheque it really did not require it—it was paid by four notes and £5 in gold.
HENRY HAYTER (Police Inspector B.) I saw the prisoner at 170, Finborough Road—I said, "Do you know me?"—he said, "Yes"—I said, "I have a warrant for your arrest," and I read it to him—he said, "It is all a mistake; I have a complete answer to the charge"—I took him to the police station, and charged him formally.
Cross-examined. I have been an inspector for four or five years in that district—I have never met the prisoner before—I never knew anything against him.
The prisoner, in his defence on oath, said that he had held a bailiff's certificate from Judge Stonor for ten years; that he had never seen Miss Dann give Mr. Pierce £3 to give to him, neither had he received £1, that Miss Dann gave him the £25 not for the purpose of paying into Court, but as a present for his trouble in the matter; that he had spent £12 in expenses, but that he could not give any items; that he had paid £5 to her at her request, that that settled everything up; and that he had paid £3 5s. to Mr. Pierce as commission.
GUILTY . Judgment respited.
MR. RODERICK Prosecuted; MR. GREEN Defended.
ALFRED WOOD (212 H.) On December 24th, about nine o'clock, in Fair street, Stepney, I (heard the prosecutrix shouting—I went up and saw her leaning up against a doorway—blood was running from her arm on to the footway—Sirs. Damsel was with her—I took her to the station—I went with Damsel to 1(34, Devonshire Street, where I saw the prisoner—I told him I should take him into custody for stabbing Rose Willers—he said, "Is she hurt much?"—I took him to the station and searched
him—I asked him if he had a, knife—we always ask prisoners if they have a knife or matches upon them—he said, "No, I done it with a bayonet"—if it had not been for his saying that. I should not have found the bayonet or suspected his having used one—he said he was taking it home to clean, and that on the way he called to see his young woman, that they had had a few words, that she had pushed him into the roadway, and he had then stabbed her—he said that he had taken the bayonet home.
Cross-examined. That, night I was on duty at Fair Street—Constable Damsel was with me at 164, Devonshire Street when I arrested the prisoner—he came with us to the station—he went back because the prisoner said, I done it with a bayonet"—there had been no talk previously about a bayonet—I did not ask him when I arrested him how he stabbed her—we had no conversation at all about a knife—I do not believe I told the Magistrate that the prisoner said to me, "I was on my way home with a bayonet to clean it; passing "26, Fair Street, I called to see my young woman; she pushed me into the roadway, and I struck her with a bayonet"—he said, "I stabbed her"—when I searched him I found nothing upon him that would incriminate him.
Re-examined. According to my note at the time, what the prisoner said was, "I done it with a bayonet; I was taking it home to clean, and on the way home I stopped at 20, Fair Street to see my young woman; we had a few words, when she pushed me into the roadway; I then stabbed her."
ROSE WILLERS . I reside at 26, Fair Street, Stepney, and I have kept company with the prisoner for eight months—I am reluctant to give evidence against him—I remember meeting him at Stepney Station between eight and nine p.m. on Sunday, December 10th; I had come from Canning Town—he had been waiting for me—I thought lie had gone home—he was cross because I had not met him to go to Canning Town—I walked along, and he walked aside of me—I cannot remember what he said to me, but I pushed him very slightly with my elbow, and he smacked my face twice—my lip bled a little;—we went to my sister's house—we stopped there an hour and a half—he asked me if he could see me on the Monday night, and I said "No," because he had smacked my face, and I did not want to have anything more to do with him—he said he would not go home if I did not, so I said he could come round on Monday night—I met him that night at the corner of Fair Street—we had a drink at the Prince of Wales, and went for a walk round—we then had another little drink at the Maid and Magpie, where we had a bit of a quarrel—he had a brown paper parcel, which he said had two dirty towels in it—we were going down the middle of Wellesley Street when I felt some blows—one was at the back of my arm and one here (Her left breast), and a bruise on the side of my face—I turned round and saw the prisoner had something in his hand, but I could not tell what it was—I did not start bleeding until I got to the corner of my street—when I saw the blood I said, "What have you done?"—he said, "What have I done? I will give myself up"—then I went to the police station—I did not have a girl friend with me at the time—the prisoner is a Volunteer.
Cross-examined. I had gone to Canning Town because he had not met mo—I had an appointment with him—I did not scold him at Stepney Station for keeping me waiting—he said, "Lucky for you I did not know where your friend lived"—my sister and a friend were with me at the time—I only pushed him once—it was not accidental—I might have knocked against him—he did not say, "Get away; do not push me"—when we got to my sister's house she asked him in, I did not—I was not friendly with him—he met me on the Monday night as I was coming from Emery's, the linen drapers—I shook hands with him—he did not speak to me at all in the public house, and I did not speak to him—he said, "What is the matter with you to-night?" and my friend said that she could not understand what was wrong with me—she left us when her brother came—we were in the Maid and Magpie—we had had whisky and then stout—he did not push me with the parcel; he must have struck me—I did not sec a glittering thing in his hand—I know it was not a parcel—I do not remember saying, "My arm is bleeding"—he did not say, "How can it be bleeding?" nor "I must go and tell somebody"—I was in the hospital four days—the prisoner came to see me with his father after he was liberated—he has been since then to my house to inquire how I was—he has always been kind to me—he has bought me two or three presents, but not every week.
Cross-examined. I know he stabbed me—there was another young man whom I used to keep company with, but I threw him over—I wrote and told him.
CHARLES GRAHAM GRANT (Divisional Surgeon of Police.) On the evening of December 14th I was called in to see the prosecutrix—she was suffering from an incised wound on the posterior aspect of her left arm, 3/4 inch long and nearly 2 inches deep. in an upward and back direction, cutting a large artery—she was losing a quantity of blood—she had a similar injury in the first interspace close to the subclavian artery, the depth being at least 1 inch, but there is a difference of opinion about that—we could not probe deeply because of its dangerous position—she had a contusion on her left cheek which looked to me like a kick—her clothing was similarly incised over each of the incised wounds—I sent her to the hospital—this sword bayonet was given to me by the police—I think it more than possible that it caused the wounds—I have found blood upon it, having carefully tested it—she seems to be all right now.
Cross-examined. I do not agree with the house surgeon that the wound was only half an inch deep.
ERIC GROGONA . I am the surgeon at the London Hospital—the young woman was brought to me on the 14th—I was operating, so the officer on duty dealt with the case—he probed the wound in the chest about 1/2 inch—I have seen the bayonet, and, in my opinion, it is a likely weapon to have done such an injury—she had lost a good deal of blood—she was in the hospital four days; I discharged her on the 17th.
Cross-examined. She was quite well when discharged, and no results are likely to happen.
Re-examined. If the thrust had gone in another direction I think it
would have been dangerous—if the weapon had been driven right home it would have come out again.
——DAMSEL (329 H.) On December 14th I went to the prisoner's address—he said, "I did not do it with a knife, I done it with a bayonet"—I found a bayonet on the floor of the front room at his house—I did not examine it—I was not there when he was charged.
Cross-examined. He was searched in my presence—no knife was found upon him—Wood asked him if he had a knife before he searched him—the prosecutrix is my sister-in-law—I was walking behind when Wood took the prisoner to the station—I did not hear anything said about a bay-onet till we got to the station—I did not make a note of what he said.
The prisoner, in his defence on oath, said that he was nineteen and had been in the employ of Goldhill and Company, 124, Houndsditch, jour years; that the prosecutrix was angry for his not having met her in time to take her to Canning Town; that the parcel he was carrying contained the bayonet, folded in towels, and the handle of it was sticking out of the parcel and was loose; that he did not take it from the sheath; that when he pushed her he only had the parcel in his hand; that he never used the expression "I stabbed her," but said, "I must have struck her with that," referring to the bayonet.
He received a good character.
GUILTY . To enter into recognisances.
OLD COURT.—Friday, January 15th, 1904.
Before Mr. Justice Ridley.
152. OTTO REICHNER (26) and ANTON GIETL (17) , Feloniously causing to be received by William Grundon a letter threatening to accuse him of an abominable crime with intent to extort money from him, they well knowing the contents thereof.
MR. BIRON Prosecuted.
WILLIAM GRUNDON (Interpreted.) I live at 10, Gray's Inn Place—I have been a commercial traveller for eight or nine years—on November 24th I was going towards my rooms: I was standing outside the Shaftesbury Theatre, which is just opposite the Palace Theatre—Gietl was standing by me, and making a motion towards the play bill, he asked me if I had seen that particular play—I said, "No; have you seen the play?"—he said, "No, no money for food"—I asked him what he was, and had not he any work to do, or had he had any since he was in this country—he said he was a waiter, but was unable to get a berth—by that time I had turned away, and he walked by my side—I said, "Very well; if you come back to my place, my boy, I will give you something to cat"—it was about 6.30 p.m. when I first met him—we went straight to my rooms—I had already invited a friend to meet me there, and when we got to my rooms my friend was there—he came about a matter I was interested in—I had my talk with him, and then I asked the boy in, having left him outside while having my talk—my friend left, and I gave Gietl something to eat—he remained about an hour, and when he left I gave him
1s. 6d.—that is all that took place—there is absolutely no truth in the suggestion, that any impropriety took place—on November 30th I was at my rooms, when Gietl knocked at the door with a letter—I shook my head, as I could not be bothered with him that night—he handed me this letter, which had no address upon it—I just tore the edge of it open and saw that it was closely written, so I said, "Very well, I will see what I can do"—he then left—that is all that took place on that occasion—about half an hour after he had gone I read the letter, and I immediately went round to Gray's Inn Police Station—this is the letter—(Read): "Parker Street House, Parker Street, Drury Lane, London, W.C., November 30th, 1903 Sir,—Two days ago I happened to meet in the street at a very late hour the bearer of this letter, a countryman of mine; as he was starving, and asked me for help, I gave him, of course, some money to buy some food, and asked him to see me the other day again. After cross-examinations the other day about his doings here, he told me at last all you have done with him at your house in Gray's Inn Court, No. 10, on Tuesday night. I suppose you know very well that your doings on that occasion were against the law, and what would become of you when it would be known at the right place. He has a man who has seen life. I am far away of being the cause of your ruin, only it enraged me, as I hear you sent that poor starving fellow away with having your unlawful pleasure, giving him 3s. I am going to tell you now what I wish to see you in a course of twenty-four hours to do for him. Let him have sufficient money to get new clothes for him, to pay the fare to his native town, Vienna, Austria, and a couple of pounds in his pocket, that he can get on all right. I leave it quite to you to arrange the matter as you please, and promise you after you have done this—that means after you have behaved like a gentleman—the matter is settled and buried for ever.—Yours truly, OTTO REICHNER"—at the police station I asked to see the inspector, but he was engaged; so, as I was anxious to take immediate steps, I went to Mr. Barron, my solicitor, and told him what had happened.—the same night I wrote a letter, of which this is a rough copy—(Read) "Sir,—Any further letter you wish to write in the same absurd strain as yours of date, please address to Messrs. Barron & Son, 55, Lincoln's Inn Fields, solicitors. If you deliver another to me I. shall immediately take that and your first to Scotland Yard without the slightest hesitation. I, too, gave your poor young countryman a little money, because he was cold and had nothing to eat. I went straight to Scotland Yard, Gray's Inn Police Station, but inspector was so much engaged I could not wait. He would doubtless have arranged for me to meet you. You have an Englishman to deal with, and your letter is too disgusting for words"—I did not hear any more of the matter, except for a note from Mr. Barron next day, until December 14th, when the prisoners came to my place and tried to see me—I refused to see them except in the presence of a witness—I did not let them into my rooms, but shortly afterwards my brother James, whom I was expecting, came up, and I then agreed to hear, outside my rooms and in his presence, what they had to say to me—I said, "Well, what is it you want with me; do you mean to say you are
going to blackmail me?"—Reichner said, "I confirm the terms already made in my letter," and that he was prepared to be charged for blackmailing, through me and through M. Barron—I said I did not want to charge them for their own sakes, but that was the only alternative—Reichner did all the talking—I do not speak German—when I first met Gietl he answered my few questions in English—it was not good English, but he could quite easily make me understand what he meant, and he seemed to understand what I said—I then went round to the station and charged them.
Cross-examined by Reichner. You never said that if I did not give you money you would inform the police, but it is in the letter—my friend who was waiting to see me at my rooms is not here to-day—I saw my solicitor after I went to the police.
Cross-examined by Gietl. You addressed me first—we did not drive to my rooms, we walked—I did not ask you to get on a 'bus—I went into a public house and asked you to wait outside.
EDWARD JACKSON BARRON . I am a solicitor, of 55, Lincoln's Inn Fields—on November 30th, about 9 p.m., the prosecutor called upon me at my private residence in Endsleigh Street—he gave me some information, produced this letter, and gave me certain instructions—on December 1st the prisoners came to see me at my office in the afternoon—Reichner did the speaking; I do not think Gietl said a word—I told them to sit down, and Reichner produced the prosecutor's letter—I said, "Just oblige me with your name?"—Reichner said, "His name," pointing to Gietl, "is Anton Gietl"—I said, "What is his address?"—he said, "Parker Street House, Parker Street, Drury Lane"—I took Reichner's name from him—he said his address was the same as Gietl's—I said, "Which of you wrote that letter to Mr. Grundon?"—Reichner said, "I wrote it to Mr. Grundon on his behalf,"' pointing to Gietl—I said, "You know that letter is an attempt to blackmail Mr. Grundon?"—Reichner said it was not, or something of that kind—I said, "Any judge or jury will say that it is; I have nothing more to say to you, except that if you go near Mr. Grundon again, or molest him in any way, you will be given into custody"—they got up, and as they left Reichner said, "I know what to do," or "We know what to do."
Cross-examined by Reichner. I do not recollect you saying that if I or Mr. Grundon did not give you money you would inform the police—nothing was said about the money, and there was no reference to the offence.
JAMES GRUNDON . I am the prosecutor's brother—on December 14th I went round to his rooms—I saw him and the prisoners outside—my brother said, "These are the two Germans; we will move a little way";—then he said, "Do you still demand money of me?"—Reichner replied, "I confirm what I put in my letter. I wish to be given into charge for blackmailing"—my brother said, "Then we will go to the station," which we did.
Cross-examined by Reichner. You did not say anything about money
—I know the name of my brother's friend; I should say he is about twenty; I have only seen him once.
Re-examined. I know him as a respectable man—I have been to his people's house once; he is in an office.
ERNEST BAXTER (Detective Sergeant E.) On December 14th the prosecutor, his brother, and the prisoners came into Gray's Inn Road Police Station—Sergeant Davies was there—I sent for an interpreter, and the prosecutor said, "These men have been demanding money from me, they want to blackmail me," and he handed me the blackmailing letter and his answer to it—they were read and interpreted to the prisoners, and I said to Reichner, "This letter has been addressed from a lodging house in Drury Lane"—he said, "Yes, he," pointing to Gietl, "stayed there. one night"—I asked them for their addresses, and they said, "103, Archel Road, Fulham"—I told them they would be charged by the prosecutor, and said, "In reply to this letter you may wish to say something, but. you are not bound to do so, but whatever you say may be used in evidence against you"—Reichner said, "I have nothing to say now"—Gietl said, "I saw Mr. Reichner outside the Palace Theatre about two or three days before the letter was written; I saw Mr. Reichner write the letter, and went with the letter to Gray's Inn; the letter was translated to me by Reichner"—Reichner said nothing to that—I repeated what the charge would be—Gietl said, "He cannot do that," meaning that the prosecutor could not prosecute him for writing the letter, "I only said what I have been told by Mr. Reichner; I took the letter to Mr. Grundon, who said he would write, and Mr. Reichner received an answer next day; Mr. Grundon tried to * * * Mr. Reichner wrote the letter so that I could become respectable again"—he made that statement in German—the prisoners we recharged, and made no further comment—while the interpreter was telling me what Gietl was saying, Reichner interrupted him repeatedly, and then said, "Go on, go on, say more—it was after interruption by Reichner that Gietl made the further statement.
Cross-examined by Reichner. Mr. Grundon said that he had been t' the station to see the. inspector, but I understand that he did not speak to any officer at all as the inspector was engaged.
Cross-examined by Reichner. I do not know any officer at Gray's Inn Road Station who knows that the prosecutor went there to see the inspector, but since you have been charged the prosecutor has seen an officer who was at the station when he went there, and the officer says that he was there at that time—I know the officer; he was not spoken to by the prosecutor.
The prisoners' statements before the Magistrate: Reichner says, "I wish to give evidence upon oath." Gietl says, "I can only say the same as Reichner; all that is down there is the truth."
Reichner, in his defence on oath, said that he did not intend to blackmail the prosecutor, but only to give him a lesson, which he thought would help
Gietl; that he himself did not inlaid to gain a farthing by it: that all he did was for Gietl's benefit; that he had never threatened to tell the police what he knew about Grundon, and that he had not intended to do so, ex he did not want to be the cause of his ruin: that he did not know that what he had done was against the law, as he was only asking for money for Gietl; he admitted that it was his suggestion that they should try and get money from the prosecutor; that he had passed under the name of Goldsmith in Germany, where he had been imprisoned for two years and six months for forgery.
Gietl, in his defence on oath, said that what Reichner said in his written statement was true (This was not read); that he had not threatened the prosecutor; that he did not write the letter, but that he saw Reichner write it, and knar what was in it, as Reichner read it to him: and that he did not say at the Police Station, "I only said what had been told by Reichner" but that what was in the letter was true.
GUILTY . The Jury considered that Gietl acted under Richens influence* The police stated that Reichner belonged to a most dangerous gang of thieves; and that Gietl until he met Reichner had had a good character.
REICHNER — Ten years penal servitude; GIETL— Three years, penal servitude.
NEW COURT. Friday, and
OLD COURT.Saturday January 15th and 16th. 1904.
Before Mr. Recorder.
MR. SYMMONS Prosecuted; MR. PURCELL Defended.
ANGELO GIANCOLI . I am a labourer, of 20, Gnwt Bath Street. Clerkenwell, and at Price's Works—my parents are Italian—I was born in England—on Sunday, December 6th, about 9.45. I was standing at the corner of Warner Street and Hack Hill, opposite the Coach and Horses public house—some Italians were standing then quarrelling—among them was the prisoner and Cutulo, whom I knew—I saw the prisoner take from his pocket a revolver—he shot at Cutulo, who was about four yards off, then he placed the revolver in his pocket and walked up Warner Street, Little Bath Street, Somers Street, and Hack Hill-1 followed—he walked towards the Town Hall and Clerkenwell Road and down Gray's Inn Road-when he got to the corner of Little James Street, I told policeman—the prisoner was still in front of me, at the next turning to Henry Street—when I told the copper we lost sight of him.
Cross-examined. When I lost sight of him he was still in Gray's Inn Road, going in the direction of the Free Hospital—i went as far as the hospital with the policeman—I heard the report of the revolver—there wore about six people out-side the Coach and Horses—I have been tried for stabbing—I was committed from Bagknees Wells on March 6th to the Clerkenwell Sessions—I was released—I was at the Police Court for house-breaking
at Mount Pleasant last July and discharged—on this Sunday owning I was in a sweet stuff shop in Warner Street with Pimonte and Donato about 9 o'clock till 9.30—Donato said I had not spoken the truth, und that he was with me when the shot was tired—I said that was not true—Donato is an Italian—I have known him twelve years—I did not say to him. I expect to got some money for my evidence," nor that I would spend it and have a happy new year.
Re-examined, I have never quarrelled with the prisoner—I am sure ho is the man who fired the shot—I never carry a revolver.
VIRGILIO CUTULO . I am a blacksmith, of 01, Gray's Inn Road—I have worked with the prisoner two years—he is a blacksmith; a pewter man ho would be—he lived in the same house that I did—on Sunday night, December 6th, I was in Warner Street and in the Coach and Horses—I saw the prisoner at midday and in the evening near the Italian Church, whew the road goes down to the Clerkenwell Road—I told him I was going home to dinner—in the evening, about 9.30,1 said, "Lot us go homo and have supper," and we walked along together—a painter and Gee wore with us—we walked towards Gray's Inn Road—I felt something here (The private part.) and fell—I did not hear anything—when I got up I felt pain—Gee Amata, and Caliando, throe Italians, brought me to the hospital—I said before the Magistrate that the prisoner was walking by my side when he tired the shot, and that Peppino was there.
NOT GUILTY .
CARRINGTON PLEADED GUILTY .
No evidence was offered against MCELLIGOTT.
NOT GUILTY .
MR. HUTTON Prosecuted: MR. C. W. MATHEWS Defended.
ENWARD WARDELL MOORE . I am a contractor, of 2, Liverpool Road, Canning Town—I have been doing the carting for the American Oil Company—McElligott was my carter—on the morning of December lat I gave him instructions to cart goods from the Midland Railway Station to the goods depot at Poplar and then load up for St. Leonards Wharf five loads of empty barrels which were there to the order of the American Oil Company—I received the order from the company and gave it to McElligott to dour the goods and take them to the petroleum wharf at St. Leonardo, when he would receive a receipt to bring back to me—I have seen the receipts which he brought and gave to my clerk about 5.30. on his return—he is paid every night—two days afterwards, from information I received, I spoke to the police.
Cross-examined. I was at the hearing before the Magistrate, Mr. Dickenson—I saw Proctor outside the Court—he is a master carman.
JOHN MCELLIGOTT (The prisoner.) Till recently I have boon employed by Mr. Wardell Moore as carter—my duty was to cart from the Midland Depot to the petroleum wharf called St. Leonards—on December lat I received my usual instructions—that morning I was to take four loads of empty barrels to St. Leonards Wharf from the Midland Railway—the first load had been loaded over night—I took it to St. Leonards Wharf, then I
went to the Midland Depot for another load, and took that to St. Leonards Wharf—a third load went to the Anglo-American oil Company, next door—I saw the gate keeper—he told me to bring the next load to the AngloAmerican Oil Company—when I took the third load there I saw Carrington unload it, then I went back to the depot for a fourth load, which I took to St. Leonards—I got receipts for delivery on each occasion—a fifth load from the depot went to the Anglo Wharf—I gave that receipt to Mr. Moore—when I went with the last load Carrington gave me £2 wrapped in paper—the third load was unloaded at the Anglo Wharf at 12.45.
Cross-examined. I delivered to Carrington.
THOMAS CARRINGTON (The prisoner.) I have been employed by the Anglo-American Oil Company as a cooper—my duty was to examine the casks purchased by them—if the barrels were satisfactory I gave a cheque for the amount the person who brought them was to receive—McElligott brought a load on December 1st, about 12.45—I took them in—I did not examine' them—I put them inside the gate—I gave no ticket to McElligott—I gave it to Proctor—I remember writing it between 2.30 and 2.45 p.m.—this is a receipt for twenty-nine barrels—Proctor is a dealer in barrels—a week previous I saw him in the City Arms—he said any time I had any barrels over they could be sold, that he could put them on his ticket and get the full price for them—I told the cooper next door to tell Proctor I wanted him—I told Proctor I had twenty-nine barrels—he said, "All right"—I said they had come from the railway, and that Mr. Moore's carman brought them—I wrote the ticket out, and he took it in the office—that would entitle him to receive £7 19s. 6d. for the twenty-nine barrels—when he came out he asked me for 6d.—I gave him 6d., and he gave me £7, then I gave £2 to McElligott, £1 to Thatcher, and half a sovereign to East, the cooper, next door—Thatcher organised it—the cooper went with Proctor—he had an idea what it was for.
Cross-examined. Carrington was arrested on December 4th—I first said I knew nothing about the matter—I was remanded till December 10th—then Thatcher, McElligott and myself were charged—the charge against Thatcher was withdrawn, and he was called as a witness—on December 10th there was a further remand—I made a statement to the police about 5.30 that afternoon, in which I did not mention the meeting in the public house—I stated that to-day because that is the first time the question has been asked me—my statement (Exhibit B) was made in December, 1903, in answer to questions put by a detective—that is the man (Wedden)—I wrote one statement, which was not satisfactory—I wrote it that same afternoon in the same officer's presence—he put questions—the Magistrate sent the inspector as a witness; then I said the same thing over again in the inspector's presence—I last saw the first statement in the detective's hands—this is my second statement: "On December 1st, 1903, I was on the bank of the firm. Mr. Moore's carmen were running in barrels next door. Thatcher said to me, 'Tom, shall I run in a load to-day?' He had been asking me for weeks past and said that he wished I was on the gate by myself instead of Naylor, and it was decided that he should run in a load. He altered his mind afterwards, and told me to ask Mr. McElligott,
who was driving the single, as he could load it and drive it out quicker. Mr. McElligott came to me about 12.45 p.m. with a load of twenty-nine empty barrels. I unloaded them and took them in the firm. He told me Thatcher had helped to load him and signed a note for a load less at the next yard. After dinner I saw the cooper next door, and asked him to send Mr. Proctor around. Proctor came around about 2 p.m. I wrote a cheque out for twenty-nine barrels in his name,' Mr. Proctor, Tibbetts Road, Bow.' He took the cheque to the office, and got £7 19s. 6d. When he came out he asked me for 6d. He kept the other 19s. 6d., making £1 in all, and gave me £7. I gave McElligott £2, Thatcher £2, and half a sovereign to Jim East, the cooper next door"—that is written by the detective—the first was written by myself—Thatcher was the only person spoken to with regard to the delivery of any barrels—I do not mention the public house in that statement—we had been in the public house a good hour together, having a friendly glass—I was asking him if he knew of any manager of a sick asylum, as I had worked as a male nurse and wanted to get that kind of work—I have been with the Anglo Company since my return from South Africa about twelve months—I was on the medical staff—(East was here called in.)—that is Jim East—I paid East outside the Anglo Company's wharf the same afternoon about 3 o'clock, and Thatcher about half an hour afterwards—I sent for Proctor about 2.30 or 3 p.m.—I arranged the division of the money out of my own head—Proctor wanted more—Thatcher organised it, McElligott did it, and I divided the spoils—East was respectable—so was I till I got entangled.
Re-examined. I only signed my name to the statement—a witness was present—Proctor grumbled at what he got—I said there were four to come out of it—he said, "You should not have £4."
ALBERT JAMES THORNETT . I am depot manager to the Anglo-American Oil Company at St. Leonards Wharf—Carrington was employed as cooper to examine the barrels and pass them, by giving a ticket like that produced, upon which the person bringing the barrels would get the money from the cashier.
Cross-examined. I know Proctor very well—he has brought us barrels for a good many years—he is a carman, and brings barrels from shops and sells them—he is respectable.
FREDERICK SMITH . I live at 22, Church Street, Canning Town—I am a clerk employed at the Midland Goods Depot at Poplar—in December McElligott, the carman, came four times and took four loads away, besides a load which had been loaded over night.
Cross-examined. Only four loads were taken out of the yard by McElligott,
ARTHUR THOMAS MORGAN . I live at 19, Cawdor Street, Poplar—I am a clerk employed by the Petroleum Company—McElligott brought four loads of empty barrels for the American Oil Company on December 1st; the first bad arrived at 8.25 a.m.
—Carrington suggested I should take (ho full van to the American Oil Company.
By MR. MATHEWS. He told me on December 1st—we are always told to take them there—it is an every-day occurrence—if there was not time to deliver, a van was loaded up and stood till the morning—that was done on November 30th—I never did it before—I had only boon on he job a few days—I understood it was often done—I unloaded the van at St. Leonards Wharf at 0 a.m.
Cross-examined. I have known Proctor a long time—he has frequently brought barrels to the wharf, and been paid upon these documents.
RICHARD WEDDEN (Detective K.) On December 4th I arrested McElligott and Carrington—Carrington on (he first remand on December 1st made at first a portion and afterwards a full statement at the Thames Police Court—I wrote it—the inspector on duty was present. Proctor was not—I afterwards saw Proctor in the Brunswick Road—I said, "I am a police officer, and am making inquiries about twenty-nine empty barrels, for which you received £7 19s. 6d. from the Anglo-American Wharf on Tuesday. 1st inst."—he said, "Yes. I received the money, and that is my signature on that bill for twenty-nine barrels I delivered about dinner time"—I said, "Can you account to me whore you got them?"—he said, "Yes, I bought some of them on Tuesday, and made some up out of the yard." I presume out of his own yard. "I bought twelve from Mr. Charles Jones, opposite the Lord Hough, and eight from Mr. Abbs, St. Stephen's Road, and fifteen from Mr. Spragg, Globe Crescent. Forest Lane, on Tuesday; I cannot remember just now where. I got, any others, but I am a dealer in barrels"—after I had received a statement from Carrington. and made inquiries, on the 11th I saw him again in the Brunswick Road—I said, "I have made inquiries in reference to your statement on the 4th inst., and from other information in my possession I shall arrest, you. and you will be charged with being concerned with Thomas Carrington in stealing these barrels"—he replied. "I deny it; I am not guilty of the charge."
Cross-examined. I have known him about twelve years, and had dealings with him—I have always had the greatest confidence in him.
JOHN ANNS . I am an oil and colourman at 'Jo. St. Stephen's Road. West Ram—I last sold Proctor barrels, ten on November 20th, and plenty since, but none on December 1st—I think the next time was the beginning of January.
Cross-examined. I have known him twelve years—I said before the Magistrate, "He is one of the most honest men I have ever known in business."
Stratford—I have known Proctor the last twelve or thirteen years—I sold him on December 2nd fifteen barrels, but none on December 1st—before that I sold him on November 27th nineteen barrels.
Cross-examined. He is a man to trusted throughout.
RICHARD WEDDEN (Re-examined by MR. MATHEWS.) I took a statement from Proctor in my pocket book—I expected him to be a witness—I did not tell him to attend the Court the next day—I do not remember seeing him outside the Court on December 10th—I saw Carrington in the gaoler's room—he did not write his statement—I had commenced writing it, but the Magistrate directed an inspector to be present—us the inspector came in he said, "What is this, Wedden? and I told him; then he cautioned him in the ordinary way. and the few words I had written I tore out of my book and commenced again—this is my book—the leaf in front of the statement is torn out—this statement was taken down when Inspector Silby was present—it was not in answer to questions.
Proctor, in his defence on oath, said that he bought the bands as a dealer, but could not always remember the dates, or the persons from whom he bought them, and therefore gave the policeman correct information as far as his memory would serve; that he did not pay part of the £7 19s. 6d. to anyone; that he never had an interview with Carrington away from his own wharf at Devons Road, Bromley and that he did not know McElligott or Thatcher,
PROCTOR— NOT GUILTY .
155. JOHN MCELLIGOTT, THOMAS CARRINGTON , and WILLIAM PROCTOR , were again indicted for unlawfully conspiring with other persons to steal twenty-nine wooden barrels, the property of Edward Wardell Moore.
MCELLIGOTT and CARRINGTON PLEADED GUILTY . No evident was offered against
PROCTOR— NOT GUILTY .
McELLIGOTT— Six days' imprisonment.
CARRINGTON— Nine months' hard labour ,
NOT GUILTY .
157. JOHN CHRISTIAN WEBER PLEADED GUILTY to a libel on Ernest Badinius Florence. Six months' imprisonment, and to enter into recognisances of £100, and to find a surety of £50. or in default to be further imprisoned for six months.
FOURTH COURT.—Friday, January 15th, 1904.
Before A. J. R. Rentoul, Esq., K.C.
MR. NOBLE Prosecuted.
GUILTY. Strongly recommended to mercy by the Jury. Discharged on his own recognisances.
MR. CORYTON DAY Prosecuted; MR. BURNIE Defended.
SIDNEY LONGMAN (154 E.) On December 26th I was in the neighbourhood of Nottingham Court, on duty—about 3 a.m. I heard shouts of "Murder! Police!"—I went to Nottingham Court and found the prosecutrix lying on the ground—she had her clothes undone round her breast, and her left side was bleeding profusely—she was not sober, but she seemed to be sensible—she pointed to the prisoner, who was standing two or three yards higher up, and said, "That is the man who stabbed me, that is the man who done it"—the prisoner then rushed up the court to an adjoining house, and I have no doubt that he was frightened—I got the assistance of another constable, who took charge of the woman—I went into the house and arrested the prisoner—I said, "Did you stab that woman?"—he said, "Yes; that is my wife; she should never have upset me; it is all her own fault"—the woman was taken to Charing Cross Hospital—I took the prisoner to Bow Street Police Station, and he was charged.
Cross-examined. I did not make a note at the time of what the woman said, but I can recollect it—if it is on the depositions that I told the Magistrate "She pointed to the prisoner, who was close by, and said, 'That is the man,' "I did say it, but I am sure now that the prosecutrix said, "That is the man who stabbed me, that is the man who done it."
HERBERT SWAIN (44 E. R.) About 3 a.m. on Christmas morning I heard shouts of "Police" and "Murder"—I went to Nottingham Court and saw the prosecutrix lying on the ground—her breast was bare, and she was bleeding from a cut over her left breast—I saw the prisoner brought from an adjoining house by Longman—the prosecutrix raised herself on her knees and said, "That is the man, it is my husband"—the prisoner was then taken away by the constable, and I took the prosecutrix to the hospital—she seemed very excited—she went into hysterics in the cab.
Cross-examined. Probably she had been drinking.
WILLIAM MUNRO ANDERSON . I am house surgeon at Charing Cross Hospital—at about 3 a.m. on December 26th the prosecutrix was brought to me—she was in an excited condition—she had a wound on the upper part of her chest on the left side, about 2 1/2 inches deep, passing downwards and inwards towards the mid line of her body, under the skin and muscles, but above the ribs—she was attended to and sent up stairs—she discharged herself next morning—by the position and nature of the wound it is very improbable that it could have been caused by her running up against something—I think somebody had stabbed her.
Cross-examined. It is perfectly possible that it may have been caused with a table knife by accident.
BRIDGET FLAHERTY . I am the prisoner's wife, and live at 15, Nottingham Court—on Christmas Day I got home about 12 p.m.—I was drunk—my husband was at home—my little girl was crying in bed for bread—my husband went to the cupboard, and was cutting it some, when I made blows at him—he put up his hand to keep me of!—as he did so I seemed to rush against the knife, and I got stabbed by accident—I do not remember anything more.
GUILTY . One previous conviction was proved against him for feloniously wounding. Discharged on his own recognisances.
MR. PARTRIDGE Prosecuted; MR. BONE Defended.
HARRY WINTROB . I am a Russian Pole, and have been in this country three years—I am a tailor, and live at 19, St. Ann's Court, Wardour Street—I know the prisoner, who is a Russian Pole and a tailor like myself—I had a dispute with him a week before this happened—we were standing in Broad Street—he say, "I am a good tailor," and I say "I am a good tailor"—then there was a dispute—on September 16th, about 11 p.m., I was going from Charing Cross Road to Sutton Street—when I got there I felt a knife in my back—I turned round and saw the prisoner, and he stuck the knife again in my breast—I smacked his face—he pushed his knife three times in my coat altogether—I saw it—I called "Murder! Police!" and the police came—I have never had a dispute with him except this one about the trade—I was taken to a doctor and my wounds were dressed.
Cross-examined. I cannot remember whether I told the Magistrate I saw a knife or not—I did not call his mother a b——wh——I could not see him—I did not run away—I do not know whether the police saw the blows—I was too excited to see if there was a crowd—I cannot remember whether the prisoner shouted, "Murder! Police!"
By the COURT. The prisoner had a jacket on—I did not see him take his overcoat off.
NATALIE LIENKARAM (Interpreted.) I am from Galicia, Austria—I am a machinist—I was with the prosecutor when this occurred—we were coming out of a music-hall and were going to Sutton Street to our house—the first thing I saw was a blow given by the prisoner from behind—I saw an open knife in his hand, then I saw him give the prosecutor a blow in front—there were several people—I did not hear what was said—I did not see whether the prisoner had got his great coat on or off.
Cross-examined. I am not certain that the prosecutor did not call the prisoner's the prisoner's mother a b——wh——he may have said it—I said to the Magistrate that I did not see whether the first blow was done by the knife, but I said the second blow was.
Re-examined. I saw the knife when the second blow was given—I was with the prosecutor the whole evening from the time we were in the music-hall until this happened—if he had abused the prisoner I should have heard it.
CHARLES BRETT (203 C.) On December 16th, at 11.30, I was at Charing Cross Road—I saw the prisoner take his big coat off—he ran by me down Sutton Street—I saw him strike the prosecutor from behind with his right hand—the prosecutor turned round, and I saw the prisoner strike him on the chest with the same hand—I heard someone shouting "Murder, police," and I ran up—the prosecutor said, "This man has stabbed me"—I at once arrested the prisoner—I searched
round and found this blood stained knife (Produced) about two yards away—I took the prisoner to the station.
Cross-examined. There was a largo crowd—I should not think it could have boon done by anybody else—I cannot swear that I saw the knife in the prisoner's hand—I was about twenty yards away—I did not hear the prosecutor toll the prisoner that his mother was a b——wh——.
PERCY JAMES EDMUNDS . I am a divisional surgeon of police attached to the Marlborough Station of the 0 Division—I was called to the station on the night of December 16th. and saw the prosecutor, who was suffering from two wounds, one in his back about an inch from his arm pit—it was not very deep, but two inches long—it went down as far as the muscle, but not into the muscle—there was a corresponding cut in his clothes—there was another cut in his clothes about eight inches long, but no wound—the other wound was in the chest about an inch from the arm pit also—it was not long, but over an inch deep—it went right into the muscle—they are not, surgically speaking, serious; but they are only a few inches from dangerous areas—probably considerable force was used—the knife shown to me is just such a knife as might have been used for the purpose.
Cross-examined. If the wound an inch deep had not been perpendicular to the flesh it would have gone into the lungs—it only went into a subcutaneous muscle—there was a little blood on the prisoner's hands—he had two teeth loosened slightly, and a laceration on the inner side of his upper lip, probably caused by the teeth cutting into the lip.
Re-examined. I heard the prosecutor give his evidence—the laceration would be caused by the blow he gave the prisoner.
WOLF LEVI . I am an interpreter, and was called on the early morning of December 17th to interpret the charge to the prisoner at Marlborough Police Station—I told him the charge, and cautioned him as to what he said—he said, "I came out from the Middlesex Music Hall; Harry Wintrob was following me; I turned round and said, 'What are you following me about for?' Harry Wintrob then said, 'Do you want to have a tight with me,' and he used bad language to me, and called my mother a b——wh——.I had no knife, and I did not do it"—the prosecutor, as far as I know, did not say anything.
Cross-examined. I cannot say when the assault took place.
Re-examined. I interpreted before the Magistrate—I cannot remember whether I cautioned the prisoner then that anything he said would be evidence against him at his trial—he said Wintrob hit him on his mouth and caused it to bleed, and loosened his teeth.
The prisoner, in his defence on oath, said that eight days before the prosecutor had come into his house and abused him, but not. about a woman; that he had gone to the West Middlesex Music Hall by himself; that the prosecutor had threatened him when he came out, calling his mother a b——wh——, and abusing him; him at all: that the prosecutor continued threatening him, and at the corner of Oxford Street wanted to fight him. and then walked on: that in a rage he took off his coat and caught, him up, and at Sutton Street wanted to strike him; but that
before he could do so the prosecutor gave him a blow: that he shouted "Murder, police," and fell to the ground: and that the prosecutor had abused him several times previously,
He received a good character. Discharged on his own recognisances in £10.
THIRD COURT.—Saturday January 16th, 1904.
Before James Alexander Rentoul, Esq., K.C.
MR. HETTON and MR. JENKINS Prosecuted; MR. BODKIN and MR. SYMMONS Defended.
JOHN KEOHARNE . I am a porter, of 2, Brickford Square, Old Street, St. Luke's—on November 7th I was pushing a barrow over London Bridge, walking it from north to south—I was in the carriage way on the left side, about six inches from the kerb—I was perfectly sober—I was run down by a three horse dray—the horse ran up against me, hitting me on the right arm—it whirled me over and I fell—all I remember is the near forewheel going over my left leg—then I lost consciousness—I do not know what happened to me at the hospital, but I discovered that I had lost a limb.
Cross-examined. It was on the crown of the bridge—alterations were going on—the road was not greasy—the dray caught my barrow—I did not speak to the driver—as I was being knocked down I saw the prisoner driving—I think it would be the near side pole horse that knocked me down, not the leader.
Re-examined: I did not hear anyone call out before I was knocked down—it was between 12 and 1 o'clock, midday.
JAMES SALTER (697 City.) On November 7th,"shortly before one o'clock I was on duty at London Bridge—I saw a three horse dray standing still about midway across the bridge, three feet from the near side of the kerb, and the prosecutor lying between the front and back wheel on the near side—he was bleeding from his left thigh—another constable came up, and I sent for an ambulance—the prisoner was standing by the off side pole horse—he told me that he was the driver—he staggered towards me—I saw that he was drunk, and I took him into custody—the prosecutor was taken by two other constables to the hospital when the ambulance arrived—the prisoner smelt strongly of drink, and when he arrived at the station he went asleep—when he was woken up he commenced to vomit—in such a clear case of drunkenness as this we do not call in a police surgeon—the prisoner did not at any time deny that he was drunk.
Cross-examined. If a prisoner denies that he is drunk we send for a doctor—the barrow was two yards in front of the leading horse, close to the near side, when I got there—according to the position it was in, I should say that he was pushing it, but I did not see him do so—a man named Hardy was with the driver—I mentioned him to the constable, but he was not charged with anything—I have never said a word against
Hardy—I do not know of any cases in which a mistake has been made as to a man being drunk—I have 9 1/2 years' experience as a constable—I do not come into contact with brewer's draymen, so I do not know if they smell of drink or not—he did not seem at all nervous—he was quite unconcerned at the station; he said, "How much longer are you going to keep me here? I want to get on with my work"—I told the Magistrate's clerk that a man who had run over another man was likely to be nervous, but I was not referring to the prisoner.
Re-examined. It was his breath that smelt strongly of drink.
CHARLES DREW (670 City.) About 12.55 on November 7th I was on duty at the south end of London Bridge—I saw a three horse dray in the centre of the bridge on the near side, facing south—the prosecutor was lying between the two near side wheels, and I obtained an ambulance—I saw that the prisoner was drunk—I saw him again at the station at about 2.30—he was drunk then and staggering about.
Cross-examined. The fact that he staggered makes me say that he was drunk.
HERBERT CROSS (524 City.) On November 7th, about one o'clock, I was at the south end of London Bridge—I saw a three horse brewer's dray standing in the centre of the bridge, about three feet from the kerb—I saw the prisoner with Constable Salter—I noticed that when he walked from the horses to the dray he rolled, and he got hold of the harness for support—his breath also smelt strongly of drink—he was drunk—I got the prosecutor from under the dray—I saw the prisoner at the station at about 2.30, sitting on a locker; he went to get up off it, and fell back again—he was drunk then.
Cross-examined. He had a dazed look about him the whole time—at the station he looked as though he wanted to sleep—I do not know how long he was detained at the station; I left there at about 1.30—the brewer's dray was left on the bridge—I do not know where Hardy went to—the prisoner walked to the station with Salter, but he rolled a bit on the way—I have had some experience of drunken people, and it did not strike me that it was because he was upset at what had happened.
WILLIAM STAINES (680 City.) On November 7th I was on duty at London Bridge—at about 12.55 I saw Salter with the prisoner, who staggered and had every appearance of a drunken man—I saw him again at the station—he was asleep on the locker—he was still drunk then in my opinion—he had the usual thickness of speech of a drunken man—I noticed nothing more beyond that.
Cross-examined. He was in a nervous condition.
THOMAS SIMONS (Police Inspector.) I was in charge of the Cloak Lane Police Station when Salter brought the prisoner in—he was not formally charged in my presence—he was undoubtedly drunk; he was unable to stand steadily—he heard what the constable said against him, but he repeatedly said, "Why am I kept here? I do not want to stop here; I want to go back to my work"—he seemed to treat the matter very lightly—after he had been sitting down a few minutes he went to sleep—he was in danger of falling on his face, so with great difficulty he was woken
up—he then commenced to vomit—he smelt strongly of drink—he was at the station in my presence nearly two hours—during the whole of that time he did not deny anything that was said against him, nor did he deny being drunk—he was thick in his speech.
Cross-examined. He had a glassy appearance about his eyes—he did not seem to me to be in a nervous condition, nor upset at what he had done—it was such a clear and undisputed case of drunkenness in my judgment that I did not think it necessary to call in a doctor—I do not know how long he was detained after he was charged—I am not there the whole twenty-four hours.
The prisoner, with his defence on oath, said that he had been with the same firm seven years, and had never been charged before; that between 7 o'clock, when he started work, and the time of the accident he had had five half pints of beer, which was his usual quantity, and would, not make him drunk; that the roads were slippery; that he had a side slip, and his hind wheel caught the prosecutor's barrow; that the near side pole horse did not touch the prosecutor as far as he was aware; that the prosecutor ran after him and shouted that he had been run over, at which he pulled his horses up instantly and got down and saw the man lying in the road, with his left thigh bleeding; that he did not know what caused him to slip under the wheel; that through a blow on the ear, received when a boy, the sight of blood caused him to stagger and to vomit; that he had experienced the same sensations on previous occasions; that he would also become drowsy, and that his firm knew of his disease.
Evidence for the Defence.
ROBERT HARDY . I am a drayman to Messrs. Hoare & Co., and have been with them twenty-seven years—I live at 24, Jubilee Buildings, High Street, Wapping—I was with the prisoner from 7 a.m. till the accident occurred—during that time I had five half pints with him—it is usual for two men to go out together on a van—we left the yard at twelve o'clock with a load—the prisoner was sober—before we go out each man in charge of a van would be looked at. by the loading out clerk—Mr. Mills was there that day—we stopped outside, and I went and had some dinner—when I came back the prisoner was standing beside the horses—I was sitting on a barrel behind—we were going at a walking pace—our load was about seven tons, in addition to the weight of the van—I heard some people holloaing, and got down and saw the prosecutor lying between the front wheel and the hind wheel on the near side—the barrow was two or three yards behind—we were about three feet from the kerb—the road was very slippery—we found the man's cap behind the barrow—I put the chain on the wheel and pulled the dray round—I saw the man put on the ambulance and taken of—I paid a man to look after the horses, and went to the brewery to fetch another man—I told Mr. Mills there what had happened—I and the other man went back to the dray, and a constable asked for our names and addresses, which I-gave him—he then told us to drive on, and we went on delivering the load—when we had done that we went back to the brewery—it would take half an hour to get from the brewery to London Bridge—during
the twenty-seven years I have been with the firm I have been twenty years a driver, and have never had an accident of any sort—the prisoner, in my opinion, drove quite properly from our brewery to London Bridge—there was nothing to make me think he was under the influence of drink—the distance is about three-quarters of a mile—the brewery is at Lower East Smithfield, down by the London Docks—we should come up Nightingale Lane, up East Smithfield, over Tower Hill, along Tower Street to Eastcheap, and then turn over by London Bridge past the statue.
Cross-examined. We can have as much porter as we like within reason at the brewery, but we do not care for that as a rule—sometimes we can have ale—the prisoner and I used to have breakfast together nearly everyday—we both had half a pint at the brewery before we started out.
Re-examined. We had that half-pint at about G.-'JO—we have our breakfast after we do the loading at about seven o'clock—we should deliver that load and come back to the brewery when we were empty.
HENRY MILLS . I am a delivery-out clerk to Messrs. Hoare, and have been with them seventeen years—the prisoner has been with us six or seven years—during that time he has been a sober and hard-working chap, and we have never had cause to complain of him—I see each of the drivers go out, and if I see anything wrong about them I should stop them going out and suspend them for a week—on the morning of the day hen the accident occurred I saw the prisoner and Robert Hardy go out of the yard—he drove properly, or I should have stopped him—he was sober, to all appearances—Hardy came back rather more than an hour afterwards and told me of the accident—I sent another man with him—he was a little agitated, but he was all right—he came back later in the day with the dray.
Cross-examined. We only take on experienced men, and all of them are of good character, as far as I know—we do not expect them to be drunk in the morning, or at any other time—we do not examine them very carefully when they go out—if we had known that the prisoner suffered in the way he does, we should not have employed him—I did not know of it until now—there is no regulation as to how much the men should drink—they could have a pint and a half at the brewery if they liked—they cannot have as much as they like—a man would be discharged if we saw him constantly at it—they generally have half a pint before starting in the morning—I do not know that there is any objection to their having ale—they cannot have beer when they come back; we draw the line at that.
Re-examined. It is because of that rule that I stand at the gate to see what condition they are in when they go out.
EMMA ALLEN . I live at Attleborough, in Suffolk, and am the prisoner's mother—he is about twenty-five years old—he lived with me till he was seventeen or eighteen—when he was a lad he had a blow on his ear—he came to me with the blood coming from it and said, "Mrs. Hunt did it"—he was going to school with her, and he teased a little girl with some sweets, and the woman hit him on the ear—ever since then there
has been a nasty discharge from it, and it went on all the time he was with me—when he saw blood he used to stagger and vomit and get heavy and sick—I noticed it several times—I have not been with him since the time he left me—he used not to speak clearly when a lad—I think he is a little better than he was—he was a very steady and industrious lad. and left home to better himself.
Cross-examined. My daughter told me that she saw him vomit once after seeing a horse cut—I was not there—I do not remember any other occasion, but I have seen him several times do it—we used to live by a butcher's shop, and seeing them kill the bullocks made him ill—he would go and look at it, and come back and be sick.
Re-examined. My husband is still living—I have brought up a family.
EMMA ALLEN . I am a sister of the prisoner, and live at Attleborough, Suffolk, with my mother—my brother lived with us till he was seventeen or eighteen—I remember when he was about six or seven his having an injury to his head, and coming home in a fainting condition—I believe I saw some blood on his clothes—his ear used to discharge very much after that—he always used to vomit dreadful when he saw blood—he would be in a fainting condition and heavy in the head—his voice was also affected—I have heard him speak lately, and his speech is much about the same.
Cross-examined. His breath never used to smell of drink after having vomited.
MARY MARIA NEALE . I am a sister of the prisoner, and live at 50, Jubilee Street Buildings, High Street, Wapping—I was living at home when my brother was a boy—I remember his coming back home one day and noticing that he had been bleeding—he had had a blow on his ear—since that time whenever he saw blood he used to become dizzy and vomit—he used to be very heavy, and not be able to go about, and he always had a discharge from his ear—he had scarlet fever once—I see him often in London—I have not seen him like that in London—we lived near a slaughter house in the country—my father took us one day to see our grandfather; on the way my brother saw a man kill a horse, and he was so bad we had to go home without seeing my grandfather.
Cross-examined. My brother has been for six years with his firm—I have never heard of his being sick while driving for them.
Re-examined. He comes round to see me in the evening sometimes—and sometimes I see him driving on his dray—he lives close to me—I have never heard anything against him up to this tine.
GEORGE ALLEN . I am a van driver to Messrs. Ricketts and Sons, of Queen Victoria Street, and live' at 19, Renfrew Road. Kennington—I am the prisoner's brother—I remember his having an accident when a boy—he has a discharge from his ear—at the sight of blood he would go off numb and dead looking, just as if he had come from under chloroform—he would be heavy and dizzy—I remember once we were in a baker's cart, and we knocked a lad down—my brother went off into a fit, and I had a job to bring him to, because he thought the lad was hurt a good bit—there was a butcher's shop next to our garden, and my brother
used to watch them killing animals through the railings—then he would come over like a white sheet—he would walk as if he had no strength in his legs; they would go away from him.
DR. ASLETT BALDWIN , F.R.C.S. I practise at 6, Manchester Square, and am an assistant surgeon to the West London Hospital, and hold many degrees—I examined the prisoner on January 8th—I was informed of the injury to his head when a boy—I found that he suffered from middle ear disease, evidently of very old standing—he had a perforation of the tympanum, and there was a lot of discharge coming from the middle ear—it might have been due to an injury, or to scarlet fever—the disease is active, and he is quite in a dangerous condition—he has a drooping of his left eyelid, which is consequent on a gunshot injury—both eyes seemed bloodshot, more so than normal—he runs his words into one another, and when nervous his speech becomes quite jumbled, and he loses control over it—he seems to me of a very lethargic turn of mind—he did not volunteer any information at all to me—cases are common where the sight of blood induces vomiting, and a partial unconsciousness is produced, which causes staggering and eventual exhaustion and drowsiness—the prisoner's symptoms, as described are perfectly consistent with this peculiar condition—a doctor, if he had been called in, could have differentiated between this condition and drunkenness—if he had been drunk, the pupils of his eyes would have been dilated, and his mental condition would have been different.
Cross-examined. I was asked to examine the prisoner by Mr. Devenish—I had been told of the accident, and that it was alleged by the police that the man was drunk—I could rind nothing to repudiate that—I inferred that Mr. Devenish was acting for Messrs. Hoares.
Re-examined. I did not know that Mr. Devenish was not acting for Messrs. Hoares—I have been in the medical profession fifteen years—it would be quite possible that if the man had drunk a glass of beer half an hour before the accident the smell would be detectable for some time afterwards, in the proportion to the amount drunk.
The Judge here adjourned to the Old Court.
ARTHUR RENDELL , M.R.C.S., L.R.C.P. I practice at 25, Bucklersbury—I examined the prisoner on January 7th and 8th—he has middle ear disease, resulting from an injury—it is a common thing that such an injury would affect the semi-circular canals which are connected with the middle ear—the equilibrium of the brain would be upset—he had a droop of the eyelid, and his speech was not clear—on the first day I examined him he was dull and apathetic—the second day he was better—the disease can cause very grave symptoms, it upsets the whole nervous organisation—I have known several cases where people have been affected by the sight of blood—it would be more noticeable in a dull man like the prisoner—under these circumstances the vomiting, heaviness of speech, and sleepiness would be quite consistent with sobriety—in a case of this character a shock would retard the absorption of the stomach; thus alcohol could be smelt for some time afterwards.
By the COURT. The secretion of pus might go inwards instead of outwards at any time, and therefore be very dangerous.
Cross-examined. The dizziness might come on at any moment, but especially when combined with a shock—thickness in speech, drowsiness, and smell of drink also denote drunkenness—Mr. Devenish asked me to examine him—I was informed of what had occurred—I examined his ears the second day.
Re-examined. If I were asked to examine a man to see if he were drunk I should ask him questions as to time—it is a well-known fact to medical men that drunken men's judgment of time is interfered with by the alcohol—the prisoner bore out his own statements as to time very well; he could account for every minute—I think if I had been called in I should have been able to discover what had caused his symptoms—it would be a difficult thing for a trained medical man to do, and much more so for a policeman.
NOT GUILTY .
OLD COURT.—Monday, Wednesday, Thursday, and Friday, January 18th, 20th, 21st and 22nd, 1904.
Before Mr. Recorder.
162. LEWIS SOLOMONS , Removing and selling certain portions of his property within four months of his bankruptcy. Other Counts, Unlawfully making and delivering a transfer of certain of his property, with intent to defraud his creditors, and making a material omission in certain statements relating to his affairs.
MR. MUIR, MR. A. GILL, MR. LEYCESTER, and MR. BOYD Prosecuted; and MR. ABEL THOMAS, K.C., and Fulton Defended.
GEORGE INGLIS BOYLE . I am a messenger in the Bankruptcy Court—I produce the file in the bankruptcy of the prisoner—the petition was presented on October 13th, 1902, by W. Doggett, a petitioning creditor—on the same date the Official Receiver became interim trustee—on November 12th a receiving order was made, and on November 24th a statement of affairs was filed—on November 28th he was adjudicated bankrupt—an amended statement was filed on December 13th, which shows liabilities £7,038 9s. lid., assets £1,859 15s. 8d.; showing a deficit of £5,178 14s. 3d.—I also produce the file of the public examination, which began on December 16th, 1902—there were several adjournments, the last hearing being March 5th, 1903—it purports to be signed by the bankrupt.
Cross-examined. I do not remember that there was an application to make him a bankrupt, on the ground of fraudulent disposal of his property—the sole ground on which the receiving order was made was that the prisoner had suspended or was about to suspend payment—I was not present at the public examination—I think that more than 1.000 questions were asked him—I do not know that he can neither read nor write: he signed the front page of his petition—I do not see a note of the time that the petition was received—the interim receiver went into possession on October 13th.
Re-examined. The date of the order to prosecute is October 1st, 1903—there are on the file affidavits of John Campbell, dated January 28th,
1903; John Carter, January.'31st; John Green, February 2nd; and William Snowling, January 26th.
JOHN MAX STORCH . I live at 4, Eastney Road, Catford, and am a leather merchant, of 18, Australian Avenue—I am one of the prisoner's creditors for about £140—in the ordinary course of business he gave me three months' bills—the goods were supplied about July. 1902—I had had no previous transactions with him—the bills became due, one in October, and one in December—when the first one became due my bankers, the London Joint Stock Bank, discounted it for me—it was for £106 15s. 6d., due on October 8th—the bank gave me notice of its dishonour, I think, on October 9th, and on Sunday, October 12th, I called on the prisoner at his private house, at 48, Brushfield Street—no one else was present—I asked him why he did not pay, and how he stood, and whether he could pay—he said that he could not pay, and that he should very likely have to call a meeting of his creditors—next day I went again to Brushfield Street, between 9 and 10 a.m.—I did not go in—it is his business place as well as his residence—I saw a heavy van with two horses outside the doc r. as used at Spitalfields Market, with three or four cases on it—it was being loaded—there was another case on the pavement, which appeared to be very heavy, more so than it should have been if there had been boots in it, and I concluded it contained leather, which will pack close, while boots will not do so—three or four men were dragging at it, trying to shift it—they seemed to have difficulty in doing so—it was put on the van, which drove away with the four or five cases on it—I followed it as far as Bethnal Green Road, when I lost sight of it—I wrote down the name on the van But I forget it now, and I forget who I gave it to—I did not know that the prisoner dealt in leather—he represented himself to be a wholesale boot manufacturer—I do not know what description was up over his premises—there was no description of a leather merchant there—I do not think I had any correspondence with him—I took his orders verbally—about thirty minutes after I lost sight of the van I saw Mr. Doggett.
Cross-examined. I think I sold the goods to the prisoner in July, because the bill was for three months—I have not got a copy invoice or my books here—I sent him a sample before the bulk went—I applied for his custom, he did not seek me—the goods were in two lots; they were market value—I suppose he bought them because he thought they were cheap—I have never seen this card, "L. Solomons, Wholesale. Export Boot Manufacturer and Leather Merchant"—I was not aware that he was a leather merchant—I made inquiries about him from Mr. Doggett and others—I have seen no card of the prisoner's at all—I found that he was connected with the boot trade for twenty years, not the leather trade—he could not make boots without leather—I heard that he had worked himself up from nothing, and that he was a most respectable trader and had always carried on his business in a respectable and straightforward manner—I 'did-not know that he could not write anything but his name, which he had learnt to do—leather is often put in cases; I send all my leather away in cases—the top of the case on
the pavement was not uncovered—I could not see inside it—there was loose paper over it as far as I can remember—it is not the practice of the trade to leave an end open—this case was evidently going to be sent away to town and not into the country, and in that case we should not trouble to close the top up except with paper—if I was sending a case into the country I should nail it down—if I was sending it to another part of the town by my own van I should not do so—I cannot say what was inside these cases—a man who is accustomed to move bales and barrows would move a case more easily than a man who is not—the case had no rope round it—I do not know if those two men (Harris Jacobs and Lacomb were brought into Court.) are the men I saw driving off in the van—I took more notice of the cases than of the men—it struck me at the time that the two men were very different in appearance—I thought it was suspicious—I thought it would be very little good to ask the prisoner about it—I thought it best to find out where the goods were going to—I did not go to the prisoner then—I thought it very little good to question a man like that—I went to 'see Mr. Doggett—I think I gave him the name and address on the van—I do not know where the van went to.
Re-examined. Bethnal Green Road is about seven minutes' walk from the prisoner's shop—I did not know that Mr. Doggett went to the Bankruptcy Court till I saw Mr. Doggett's brother, that was before he received any communication from—me—having regard to the sort of boots the prisoner made, I should say that the value of the contents-of the case would be about £20, but it might be £40; it depends on the kind of leather—I have a record in my books of the transaction with the prisoner, and I am prepared to send for them if required.
By the COURT. One bill was drawn on July 5th, and the other a few days later.,
WILLIAM HARRY DOGGETT . I am a member of the firm of W. Doggett, leather merchants and manufacturers, of Western Street, Bermondsey—we are creditors in the prisoner's bankruptcy for £1,550 3s. 3d., all on account of goods supplied since June, 1902—we have dealt with him on and off for twelve or fifteen years—up to 1901 he invariably paid in cash, then he had a monthly account, and in 1902 he paid by three months' bills, of course with our consent—in 1889 or 1890 his yearly purchases were about £300, other years about £200, and one year £500, but I cannot say which it was—I do not think he bought more than £500 worth of goods from us in a year up to 1902—I have extracted his gross amount of purchases from us—in 1898 it was £575; in 1899, £450; in 1900, £12, from August to December-; in 1901, from September, it was £186 in 1902, to the end of June, it was £1,007; and from June to September, £1.550—that was coterminous with his paying us in bills—he represented himself to be a boot manufacturer—I never knew that he was a leather dealer—I never saw one of these cards until we were searching his place—I have seen some cards of his, but there was nothing to show that he was a leather dealer—we have had correspondence with him—I can recognise his memoranda forms—I have seen similar ones to this (Produced)
—this other one, with "Boot Manufacturer" printed larger right across, is what he generally used—there is nothing about being a leather merchant there—in October we held bills for the goods supplied to him since June—the first was dishonoured on October 7th for £133 10s. 3d.—in consequence. I called upon him on Friday, October 10th, at Brushfield Street—I saw his daughter. Annie Solomons, who said he was out—I saw the stock on the premises—there was an enormous quantity of boots in cases and on racks in the front, and in the back part I saw a quantity of glove hide, which is a fair quality of leather; it is not what we call good quality—I have been in the trade thirty-six years, and my father was in it before me—I should value the glove hide at from £60 to £80—I should say there was from £600 to £800 worth of boots and shoes, stacked and stowed away—it was for common class trade, and they were put up anyhow—the boots were in the shop—I did not go into the basement, if there is one—I called again on the Saturday, and saw the prisoner's daughter only—I called again on Monday, the 13th, with my accountant, B Mr. McLellan, who has since been appointed trustee—the shop was shut—I saw one of the prisoner's daughters—that was about 10 or 10.30 a.m—she said her father was up stairs—I went up and saw him, and immediately said, "How is it you have not met our bill?"—he said he did not know, and could not make out how it was, and if I would give them time and come again at one or two or five o'clock they would try and meet it—I said No, and that I must know something about it then—he said that he and his daughter were taking stock, and that he would let me know later on—I told him he had better bring his daughter and let me know all about it—she helps in the business—he has a wife also—his daughter Annie came up and I asked her about it, and if they would let me see the stock—they refused to let me see anything—I asked to see his books, so as to know his position, but they refused to show them to me—we went down stairs, and the prisoner went off into a back part of the place to talk to some other gentlemen who had called—after he had finished speaking to them, he came back again and went up stairs—Mr. McLellan and I followed him, and on the landing I said to him, "Can you pay my bill"—he said, "No, I cannot, or I should not be like this"—Mr. McLellan said, "Can you pay this or meet your other bills as they become due"—he said, "No, I cannot"—I had my bill with me, and I made a pretence of bringing it from my pocket—it was not really the bill—I said, "Can you meet this bill?"—he said, "No, I cannot"—in the place where I had seen the stock on the 10th there was absolutely nothing left except one or two empty racks—I was in the habit of calling at the premises once or twice a week—during the latter part of the time the prisoner would have £4,000 or £5,000 worth of stock there, both boots and leather—up to June or May or March, it was about £2,000 or £3,000 worth—I did not do so much business with him in 1901, so I did not call so often, but he always carried a very fair stock—he had another place in Crispin Street, where he carried the best part of his stock—when I give the quantity of his stock I include it at both places—Crispin Street was the factory, and Brushfield Street the warehouse and office—I went
to Crispin Street on the 13th—the daughters would not let me in—I put my head inside, but could see very little stock—it was generally crammed right up—the same day I went to the Bankruptcy Court and made an affidavit and presented a petition—on January 30th, 1903, about 1 p.m. I went with Mr. McLellan and the tipstaff of the Bankruptcy Court and others, to 45c, Fashion Street, Spitalfields—we found there a lot of the goods that we had sold to the prisoner, and which were not paid for—the owner of 45c Fashion Street is a boot manufacturer—I think his name is Jacob Smith, but I believe he or his wife trades as Margolis—we saw him there—we searched all the house that was open—one room was locked—in the part of the house that was open I found a few skins, which the clickers were at work on, and which I recognised—Margolis eventually came in, and we said we wanted to see inside the locked room—after we had said that we should have the door forced, he produced the key—there was a little other leather there besides mine—we only seized what was mine—the value of that which we found was about £300, trade price—the trustee took possession of it for the creditors.
Cross-examined. That was the only room in the house where there was leather, except what the men were working on—down stairs there was some sole leather—I do not know if that is generally kept in cellars—I do not have anything to do with it—I believe it is put into the most handy place, being heavy stuff—some of the leather being worked upon was mine—the stock at Brushfield Street was on racks—the boots were tied together with pieces of string, and when they were hard up for room they were put in piles—the room down stairs was about 16 feet square, and the one at the back about 12 feet by 8—I have not the slightest idea how many thousands of boots there would have to be to be worth £4,000—the glove hide was worth about £60 to £80—all the rest of the stock was boots—there were not many tens of thousands of boots—there was some glace kid goods, and things which would run into hundreds of pounds very easily—I saw goods and boots there to the value of quite £4,000—I should say you might put it at £1,000 in boots and the rest in leather—I was in the habit of going over the prisoner's place, and could see whatever I wanted to see—the cellar at Crispin Street was always used for bottom stuff, which I do not deal in—it was not cardboard—my carmen often told me that there was no room at Crispin Street, and they had to take the goods to Brushfield Street—the greatest value of goods that I have seen at Brushfield Street is from £600 to £800, and in the cellar at Crispin Street, £200 or £300—the ground floor there was partly used as a store room and partly as a workshop—there were two or three machines there, not a dozen—I have seen three or four men working there—I daresay I have seen £4,000 or £5,000 worth of boots there, and on the ground floor, perhaps, £700 or £800 worth of glace kid or box calf—it was put all over the place—sometimes you had to climb all over it to get into the little office—there were two or three other floors which were used as work rooms and store rooms—I think I said before the Magistrate, "I should say the usual amount of stock there was £2,000 to £4,000," but I think that was from June—I am not such a good judge of boots as I
am of leather and skins—I was not asked to value the stock; I was asked to give my opinion—I do not know if I have been the lending spirit in this prosecution; I am the man who has lost most money, and have done all I possibly could to recover what I could for the estate I have done all I could to prosecute the prisoner for not paying me my money—I do not know if the trustee made an application to the Court to order the prosecution—I really do not know if there was an ex parte application by the trustee on October 10th——I went into both rooms at Brushfield Street I did not go to Crispin Street on that day—I represent that there was from £600 to £800 worth of goods on the premises on that day—there was nothing there on the 13th—I do not know how much was sold—I have had nothing to do with the books—I did not quarrel with the prisoner in 1900 or 1901—that was not the reason that I did practically no business with him during those two years—I understood it was because we were cut out by other tradesmen—I do not know if practically all his chief orders went to Messrs. Salamons—I did not induce the prisoner to leave Salamons and come to me all I did was to offer him all my goods, and, unfortunately, they suited him—I do not know whom he left in order to buy from me; he must have left somebody to buy our stuff in the quantities that he did—he had something to do with Tebbitts and Kitts, and others—I believe Kitts a creditor—I cannot say now how much we were paid by the prisoner during the last six months; I should not think that it was £900—very likely we received i'1.000 during the whole of the year—that was by bills—he did not pay anything during the last six months—we never got anything after. June—my ledger would show the exact amount that he paid—I have not gone into the cash payments at all—I found about half a dozen cards, like this one, in the prisoner's desk—they looked very now—I think it was after we got the right to search by the petition—I think it was in November—I took my accountant to the promises on October 13th to see if we could get any money out of the prisoner—my accountant is not my debt collector—we were going to try and see his books—if we could not get any money we wore not going to try to get him to make a statement that he would become bankrupt—I did not know he was going to become a bankrupt—I have asked people if they can meet their bills hundreds of times—Mrs. Margolis made a claim against the trustee of this property—it was hoard before Mr. Justice Wright—I hoard his decision—I believe it was that Mrs. Margolis had failed to establish to him that she was the bona fide holder of the goods, or that the transaction was entered into good favour—I hoard that she was the person who was claiming the goods—I have never dealt with her myself—I do not think Mr. McLellan went with me to the Bankruptcy Court on October Kith—I went with Mr. Kennard—I think we got there about 1.45—wo got an interim receiver appointed the same day—t believe he took possession the same night, I presume on my motion—I acted under the advice of a solicitor.
Re-examined. I am willing to produce my books and to make an account of all the payments made by the prisoner during 1902—Mr.
Salamons is not a relative off he prisoner's—J do not think he is a creditor—I presume he had ceased to supply goods some time before the bankruptey—except that I made an affidavit, I have taken no part, in the Bankruptcy except being called for evidence—I did not lay any information—whom I visit my customers I observe anything that there is to see—what I see affects my mind when dealing with people, especially in the East End.
WILLIAM SNOWLING . I live at 14, Helmet Road, and am a night watchman employed by Messrs. Sabey and Sons, builders—in October and September, 1902, I was in their employment when they were erecting some buildings in Crispin Street, nearly opposite the prisoner's factory—I go on duty at 5 p.m., when they can see to work, and in the winter at 4 p.m.—I knock oil at 5.45 a.m. or 10 a.m., or as soon as anyone comes, so that I can got away—there was a hoarding in front of the building, shutting it off from the street—on Sunday, October 12th, 1902, my attention was attracted by two vans coming up the street about 10 p.m.—I can fix the date because I had gone into a new house in the first week of October—I want outside the hoarding about ton or fifteen minutes after I hoard them moving—I am them loading leather in an open van—there was a covered van there also, standing at the prisoner's door—one was covered with a tarpaulin: the leather was in big stiff sheets, not in cases—I did not stop—I see what they were doing, and then I went back again into the building, where I was watching—I did not go into the street again till.5 a.m.—between those times I could not see what took place—I could hoar the track of the vans and the horses—when I came out between 5 and 6 a.m. I they had loaded leather on the open van, and they had drawn it up a little and were loading the covered one—they wore the same vans that I had seen before—I do not suggest that they had been there all night—there is not much traffic in the neighbourhood on Sunday night—the track of the horses and vans want on throughout the night, going to and from—I suppose the vans went away in the morning—they stood there when I went away about 5.45—the covered van was being loaded when I left—I leave when the first man comes, and John Green used to come half an hour early to get up steam to drive the engine—I spoke to him—I do not suppose I could identify any of the men who were loading the van—I have seen one since—that man (Pointing to Campbell.) is one of them, he was in an open van loading it in the morning.
Cross-examined. Crispin Street is withan 100 yards of Spitalfields fruit market—carts and waggons go there late at night and very early in the morning—this was not a market morning: I never see no people there much on a Monday—I have never seen waggons going there before—a.m. on Monday morning—I was watchman there for just seven months—I do not know when I was first asked about this matter; I think it was somewhere in April—my general foreman sent to my house, and I want to see a Mr. McLellan at Chiswell Street—I do not know if he asked me whether it was the 12th of October—I know it was spoke of—I thought this was all very 'suspicious—being a watchman, I have to communicate
with the police occasionally—I am not afraid of them—I think I began on this job in the last week in May or the first week in June and continued up to Christmas—while I was standing outside the building a policeman stood there, too—I do not know whether I thought it suspicious—I thought it funny to start carting leather on Sunday night—I see that policeman (73 H.) on that night—I do not know the sergeant (Mackenzie)—I am sure this did not happen in September, it was October—I remember the date through my moving—I do not know if I thought that somebody was stealing the goods—I thought they were not right to move them like that—I did not say anything about it to anybody, not even to my wife—I do not know the prisoner—I think the warehouse opened about 6 a.m.—I did not see many people there—I have seen some people go in there—they commenced work very early in the morning—I dare say the hoarding is 7 or 8 or 9 feet high—my place for spending the night was at the back of the building, facing away from Crispin Street—I have a fire there—the building was about two floors high then—I only saw Campbell in the morning; he is a man you would not mistake—he was not there at eleven or twelve at night.
Re-examined. I cannot read—I remember making a mark on a document at Worship Street—I do not remember doing so at another Court—I do not think I made that mark—I spoke to Green whilst the vans were being loaded, and he could see them as well as I.
JOHN GREEN . I am a labourer—I sometimes drive an engine—I was doing so on this job at Crispin Street for Messrs. Sabey and Sons—when the engine was going I had to be there at 5.30, when she was stopped 6.30—I know the prisoner's place opposite—on a Monday morning in October, when I went to work I see two vans outside his place—one was standing against the doorway, and one further on—one was open and one was covered—there were one or two men there throwing some stuff out, and two men in the van putting it into the one with the cover on—it was loose stuff;—it looked like leather to me; I could not see what sort of leather—I did not stop to look; it was being thrown info the van loose—I first see it as I crossed the road to go to work—the watchman was standing there—he spoke to me about the van, and I to him—Campbell, the coloured man, was in the covered van—I had seen him before, knocking about, doing odd jobs in the market—I did not see what became of the vans—I first went to the job on July 1st—there is very little market on Monday mornings—this Monday was early in October; I cannot say the date—I remained on the job a week or a fortnight after this—the last payment I had on it I think was on October 24th—I left because the building was stopped on account of ancient lights.
Cross-examined. I do not think my memory has improved much since I gave my evidence before the Magistrate on November 12th—I do not remember what I said then about the date in October—I said before the Magistrate that I could not fix the date—I did not notice a policeman when I went to work on this morning—I did not think there was anything suspicious about it until I heard it rumoured during the day that the prisoner had gone bankrupt—I do not know what month it
was when I first made a statement about this matter—when I went up to Snowling I said, "Good morning, Bill"—he said, "Good morning, Jack"—I said, "They are busy"—he said, "Yes, they have been at it all night."
Re-examined. I said before the Magistrate that I left my job in Crispin Street at the latter end of October—I saw this about a fortnight before I left; it was on a Monday.
JOHN CARTER . I am a boot clicker, of 13, Alma Street, New North Road—I was formerly employed by the prisoner—I worked at Brushfield Street and Crispin Street—when he was made a bankrupt I was working in Crispin Street—we got discharged with a week's notice—I remember the Official Receiver coming in and taking possession—before that I noticed when I went out at night and came in on the following morning that a lot of skins had gone—I think that was about two weeks before the bankruptcy—we knocked of! work at 8 p.m. and returned at 8 a.m.—I only noticed that skins had gone about once or twice—I cannot remember any particular occasion when it happened—I have no idea how much went—stuff that we call satin hide went—there was a case full of pieces in the clicking room where I was working—there were 3 or 4 cwt. of it—what I used I had to take from the case; when I came on the following day it was all gone from the case—we cut goloshes from satin hide—they were pieces which the prisoner had bought; when I left the place in the evening there was generally only the prisoner's brother left there—I have seen a van there about twice a week, in the ordinary course of business, to take away goods—I never saw anybody putting anything into it.
Cross-examined. The satin hide pieces disappeared in November, when the Official Receiver was there—I do not know that I charge him with stealing them—I was re-engaged, and was there for about six weeks—the satin pieces disappeared before the prisoner went bankrupt—I do not know why I said in my affidavit that it was between November 1st and 10th; I cannot remember any dates—I only know the stuff disappeared two or three weeks before the prisoner went bankrupt—I have not seen goods moved away before 8 a.m.—I have not seen a van going away first thing in the morning—I do not know when they went away, or what was in them—I worked on the top floor—I am quite sure that I know nothing whatever about the vans—I saw a van come up loaded with stuff once or twice about five o'clock; the prisoner had a very big business, and I am only a working man, and I did not take any interest in it—I do not know how the goods went away—I knew the prisoner was a wholesale seller of boots—I have never bought. a pair from him—I have seen leather on the floor, and when I returned once it was all gone: my mate said to me "Jack, all that stuff has gone again"—before the Magistrate I said, "Before the Receiver took possession for a few weeks there seemed to be a lot of stuff at Crispin Street at night, which was gone in the morning."
JOHN CAMPBELL (A coloured man.) I now live at Finsbury Park—I was formerly a porter working for the prisoner at Crispin Street—I worked for him there about three months—I went into the country for some work, and
when I returned I saw his place was closed, and I heard that he had become bankrupt—I remember the Black Fast—I was engaged in removing leather and loading waggons, and going with them and packing some cases with boots and bringing them away; I want away with the vans about twice a week—I took them to Margolis' in Fashion Street: the prisoner told me to do so; he said I should meet Margolis there, and he would tell me where to put the stuff—I moved the goods sometimes very late at night or very early in the morning, sometimes before business hours, and sometimes after—only the driver of the van went with me—I do not know his name—I should know him if I saw him—many people helped me to load the vans; two of them were covered, with one horse each—I took to Fashion Street some heavy leather and some kid skins, what they make uppers of; I took two cases; what they contained I really do not know—I also took some twine or string, what they sole the boots with; I took something also in bags and some cardboard in bundles; I do not know what that was used for—I put it into The back yard, and it went down the chute which is there—when I got to Fashion Street I saw Margolis and some of his men; the light leather went to the top floor, the cardboard to the back yard, and the heavy leather to the cellar—every time I went Margolis was there, and sometimes some of the prisoner's men—before the waggons were loaded Margolis skidaddled—I took about five loads in the week—Saturday we generally did the most, three or four loads—if we did not take two loads in the morning, we took two in the evening, or perhaps one in the morning and one in the evening—I did not move leather to any other place except Fashion Street—I got the heavy leather from the cellar in Crispin Street—some of the kid skins were in the cellar, but most of it was up stairs—I do not know the date that I came back from the country—I did not go back to the prisoner when I returned, but I went to work in Piccadilly.
Cross-examined. I do not know when the Black Fast is—I do not know if it was a Saturday or a Monday in 1002—I do not know if there was a Black Fast in. 1902—I went away two or three days before the Black Fast—I was three days at Sevenoaks, and a day or two at Piccadilly—I believe I came back after the Black Fast, but I am not sure—I did not do any more work for the prisoner after I came back—I am quite sure of that—I left Brushfield Street about three weeks ago—I was living at the corner of Brushfield Street and Crispin Street at a barber's shop—I do not know the number—Margolis was with the prisoner at the shop, or in the warehouse, before I moved the goods away—I saw a lady in Fashion Street, but I do not know if it was Mrs. Margolis—Margolis was choosing what was to be sent on in the prisoner's shop, and then, when the things were put into the van. he hurried on to his shop and met me when I arrived there—Fashion Street is three or four minutes' drive from his shop—there were generally two cases in the van at the time; they were not always full loads, but they were full many times—very often it was only half full—T know Snowling and Green—I do not know the marks on the cases—I cannot read or write—I am sure the last load was a couple of days before the Black Fast—I do not know if the Black Fast is on October 11—I won't swear that the last load was on September
22nd—I was very often employed in taking things to other places, but I did not take leather to any place except Fashion Street—it is very difficult to lift a case with boots in it into a van when there is no rope round it—I said before the Magistrate, "I think I took thirteen or fifteen loads in all during the three months"—I swear that I took more than ten—I won't swear it was more than thirteen or fourteen—if we started talking loads early in the morning we should finish about 11 a.m.
Re-examined. I am unable to fix the dates at all in this matter—when I went to Fashion Street I never took any paper or invoices; I was told to deliver the goods, and the governor of the shop told me where to put them.
By MR. THOMAS. I do not know if Margolis had a list of the goods in his hand when he got there—I do not know if he took his receipt as an in voice.
W. H. DOGGETT (Re-examined.) I have now brought my ledger—this is a list of the payments made by the prisoner during 1902—there was a payment of £68 odd in February for goods had during the previous year—June 4th is the first payment of goods had during 1902—the total paid for goods had in 1902 is £1,002 out of a total supplied of £2,500, leaving a balance of £1,500.
By MR. THOMAS. I began to deal with the prisoner on our ordinary terms, which were either cash or monthly account—then when I went over to see about the money he told me that the people he was doing business with drew at three months, so we allowed him what we call our monthly account—it was not six months; it would bring him up to the end of February—every one of those payments were paid as they became due—the bills were met as they became due, until those which became payable within a week or a fortnight of his bankruptcy—there were no six months bills—no money was paid between February and June, and we agreed to take bills between those two dates—we got the bills as soon as we could—there was a bill for goods had on January 31st, due on June 4th and 17th, for £363; goods had February 20th and 24th and March 6th were paid for on June 30th; goods had on April 4th and 14th paid for on July 4th, £119 15s. 8d.; goods had May 5th and 14th, paid in August and September. £107 and £106; and goods had on May 22nd and September 13th, cash £126—the next bill which would become due in the ordinary course I think would be October 7th—I presume the next one after that would be in November, and then in December—I did not supply the prisoner for two years with very little goods, owing to disputes between us—there are always more or less disputes with this sort of customer, but that had nothing to do with our supplying the prisoner with goods—I do not know what value of order Salamons got from the prisoner.
HARRIS JACOBS . I live at 12, Underwood Street, and am a carman to Mr. Israel Boyer, who lets out vans—I know the prisoner's premises at 48, Brushfield Street—I remember the Monday after the Black Fast, 1902, going there with a van; that would be October 13th—Mr. Boyer sent me—I got there between 10 and 11 a.m.—I saw Annie Solomons—I helped to pack cardboard boxes into cases with loose boots on top—there were boots in the cardboard boxes when the van was loaded—I went to 307, Old Ford—I now know that a man named Butcher lived
there—I left the boots there—a ginger fellow went with me in the cart—I believe his name is Lacomb.
Cross-examined. The ginger fellow ordered the van—there was no leather in any of the cases—they were open—we took four of them—I do not know Mr. Max Storch—I did not see anybody standing about whilst I was loading the van—I went through Bethnal Green, which is the right way to go to Bow—I was at his place for some little time—I did not see anyone arranging what was to be taken away—I did not see any money pass—I helped to unload the cases and take them into the shop—it was a small retail shop—I have no interest in this case one way or the other—I am paid 1s. a day for giving evidence—I have received £1 as well—I earn 28s. a week as a carman—I have not been promised £2 more.
Re-examined. I have been four days here.
GEORGE FRANCIS FULCHER GOODYEAR . I am a traveller employed by Baxter's Leather Company—in October, 1902, I had an interview with Harris Jacobs—I took him down to Old Ford, where he pointed me out a boot shop, No. 307, known as the "Eastern Boot Stores"—I only know from hearsay the name of the person who carries that on.
Cross-examined. I have heard that it is carried on by Mr. Barney Solomons—the place is generally known as North Bow—some people call it Old Ford.
HENRY RICHARDSON . I am managing director of Baxter's Leather Company, 46, Tabernacle Street—we are creditors in the prisoner's bankruptcy for £592—on Friday, October 10th, 1902, I called at his promises in Brushfield Street—money was owing at that time—I do not think I saw the prisoner—I saw his daughter Annie—I could not obtain payment—I noticed that the conditions of the premises were normal; that is to say, there was an abundant quantity of stock to be seen—on the 13th I received a telephone message from Mr. Bernard Hoffman, my co-director—I went to Brushfield Street—I met Mr. Hoffman outside, we went into the prisoner's premises and saw him—the place had been divested of stock—it was exactly as if there had been a removal—I did not say anything to the prisoner about the condition of the premises, because I did not see what the condition was until after I had had an interview with him—later the same day I went to Crispin Street—I had been there frequently—I went there on the 10th, when there was plenty of stock—when I went on the 13th I only had an opportunity of seeing the interior of the premises to a certain extent—I was not allowed to go beyond the ground floor—it had been divested of stock, but not so much as at Brushfield Street—there was still a little stock left—there were a few shoes about and some machinery—I had visited Brushfield Street between 9.30 and 9.45—I had an interview with the prisoner there in his own office on the first floor—Mr. Hoffman and Annie Solomons were present—towards the close of the interview Jessie Solomons came in—when I first went in the prisoner commenced to cry loudly—I asked him what it was all about, and what he was sobbing for—he said between his cries that he was being pressed by his creditors—he mentioned Nicholsons, Sons, & Daniels, and Moseley Bros., who he said had served him
with a summons, or were going to do so, in the County Court—he also mentioned Scriven Bros.—I said, "Now, look here, Solomons, if this is a straight and honest affair, and what you say is all that is the matter with you, I will help you; but if it is not, you will get no consideration from me"—I asked him to give me the whole of the facts without reserve—he made no reply, but continued to cry loudly; he said, "They won't let me go on, but they are going to sell me up; they won't let me go on"—I asked him, in effect, whether he could pay his debts—he continued to cry, "It is no use, I cannot go on; they are going to sell me up"—Annie Solomons joined in the conversation, and agreed with her father that they could not go on—I asked to see the books—Annie said they were not there—I had some difficulty in getting a definite answer from her, but she ultimately said that they were with a cousin at Bow, being made up—I said, "Well, we really must see them; cannot you fetch them or send for them?"—she said she could not—I offered to pay for'" a cab to fetch them—she said they were probably not at Bow, but at Highbury—I said, "Very well, we will send a cab to Highbury for them"—she demurred to that, and said her cousin would probably be out, and that we could not get them if we sent—I still insisted that the books should be produced, and then the prisoner himself offered to produce them at five o'clock—an appointment was made that they should be produced to Mr. Hoffman and myself-at five o'clock at Brushfield Street—I went there at that time—I did not see the books; the prisoner was stated to be out—Annie was out, and we could not get inside the place—there were only some children there—the private dwelling house is at Brushfield Street—I then went to the ground floor of Crispin Street but was prevented from going through the factory by the prisoner's brother, Jack Solomons—I have been in the habit of going through the factory for years—I was in America, but for six weeks only—I think it would be fair to say that the prisoner always kept about £5,000 worth of stock at his two places—I have supplied him with goods for years—it would be untrue to say that his stock on May 12th was £150, as stated in his goods account—in previous years he had the reputation in our house of paying very promptly—he usually paid at seven days, and took an extra discount by doing so—he spoke to me somewhere about Juno, 1902, and said he would require further time—the account had been running into longer dates some little time before then, the reason being that the merchants and factors with whom he traded were not prepared to accept goods, trade being so quiet, and also that he had to carry the stock—I told him he could run the account a little longer—the amount for which he was indebted to us at the time of his bankruptcy was exceptional—the quantity of goods which he received during July, August, and September, before his bankruptcy, was considerably in excess of that purchased in the same months of the preceding years—it would be natural that he should want to go on manufacturing, although he had to carry stock, as he would have to keep his customers going—I have dealt with him for eight or nine years—the amount of his purchases in July, August and September, 1002, was £500 18s. 6d.; in 1901, for the same
months, £305 14s. 4d.; and in 1900. £300 12s. 10d.—he never was a leather merchant, or a dealer in cardboard or thread, or in anything except boots and shoes—this is the form of stationery' which I received from him in September, 1902.
Cross-examined. I have known the place for many years—there was an increase of business after the prisoner took the Crispin Street Factory, which I think was about five years ago—there has been a substantial increase in the business up to 1902—I will not say that the increase has been month by month—there was an ordinary quantity of goods on the premises, as far as I could see, on October 10th—our business with him increased as far as we would allow it—we are not always disposed to supply everything that a trader is prepared to buy—he never sold any sole leather to our knowledge, nor did he put himself forward as a leather merchant—if he had we should not have supplied him; we should have known that he could not have sold it honestly—we have supplied leather to people who sell it again, but not to this class of man—we should sell it to a merchant of standing, but not to a small shoe merchant—it would not be a mystery to you if you were not in the trade—a small boot manufacturer, if he could pay cash, could come to us or any other wholesale leather house and buy the goods on the same terms that the prisoner could—it is a matter of absolute knowledge that the prisoner could not get a better price for the leather than we could—I do not know the Avon Boot Company, of Tunbridge—I know Mr. Gluckstein—that was a fraudulent affair—they were tried at this Court a little time ago, and if I had known that the prisoner had sold them one pound of leather I should have closed his account at once—I did not know he was selling to fraudulent bankrupts—I do not do so if I can help it—I must admit that I am taken in sometimes—I think I have heard of Levenstone and Lazer; I think they made application to us for credit, which I refused—I call the prisoner a small boot manufacturer: he only employed 150 or 200 people—-firms in Norwich and so on employ thousands of hands—firms are small in the East of London—I should consider the prisoner to have been a pretty fair manufacturer for the East of London—I know very much larger ones there—when I returned to his premises at five o'clock to see the books I did not then know that the interim receiver was in possession—I did not know that he was in possession until afterwards—I went to Brushfield Street about 9.30 or 9.45 a.m., and stayed about half an hour—I did not see the boots being loaded into a van at that time; there were none in the place then—as far as I know, boots were only stocked on the ground floor; the rest of the place was used as a dwelling house—I did not go to Crispin Street till later in the day—at five o'clock there was about £20 worth of boots there—I know about how much the trustee to the Official Receiver received for a parcel of boots which was sold, but that included some boots received from the work-people, and were not disclosed at the time of the bankruptcy—the prisoner puts work out, and there were a number of boots in the hands of work-people who. I know, had instructions not to bring them in—I heard one of the workpeople say that while we were hunting about to find the
property—I do not think I know the man's name; I think I saw him during the first week or two after the bankruptcy—I think I saw him in the Spitalfields district—I should know him again if I saw him—I think his name was Gotleib, or something like that—I do not know that the whole of the goods in the hands of the workmen came to £30—I know one man had about 150 pairs of shoes.
Re-examined. When I went to Crispin Street on the 10th I only saw the ground floor—I do not know what was stored up stairs or in the cellars, and at Brushfield Street the ground floor on Monday was denuded of stock.
WILLIAM HOFFMAN . I am assistant manager to Baxter's Leather Company—on October 13th I went to 13, Brushfield Street, by myself—I afterwards went with Mr. Richardson, and had an interview with the prisoner—when I entered the house by myself he was talking to two gentlemen whom I did not then know—on seeing me he left them and went up stairs, asking me to follow him—as he was going up he started sobbing—he did not speak until we got into his room—when I asked him what was the matter he sobbed, and said they were going to sell him up—he appeared to be in great distress—I asked him to calm himself and to tell me what was the matter—he then said that Nichols, Sons, & Darnell had written him a letter threatening to sell him up—I asked him if there was any other trouble—he said, "No"—I said, "Well, look here, Solomons, don't worry yourself; I will telephone to Mr. Richardson, and you tell us all about your troubles; and if this is all your trouble I have no doubt we can easily get you out of your trouble"—I then telephoned to Mr. Richardson, who came, and we went up to the room—I was present at the interview which Mr. Richardson has described—I noticed that in the morning the stock at Brushfield Street had almost entirely disappeared—usually the ground floor was full of boots and shoes.
Cross-examined. I think I got there about 11 a.m.—Mr. McLellan and Mr. Doggett were the two gentleman who were speaking to the prisoner when I went in—Mr. Richardson arrived about ten or fifteen minutes after I telephoned—Crispin Street was also practically denuded of stock—I do not know if the trustee discovered more than 1,000 pairs, on the premises.
Re-examined. I am only speaking of what I saw on the ground floor of Brushfield Street—we were threatened with violence if we went up stairs.
G. E. BOYLE (Re-examined). I produce the affidavit of the prisoner, dated October 10th, 1903 (This stated thai he had carried on business as a boot and shoe manufacturer for about twenty-two years, and employed about 180 hands; that he had dealt with Doggett for about sixteen years, and had paid him thousands of pounds; that for about five years the business had been under the entire management and control of his daughter, Annie Solomons, except that he had attended to the buying and manufacturing of goods; that he remembered Doggett calling on him with McLellan on October 13th; that he referred Doggett to his daughter, and then took practically no further part in the interview; that it was absolutely untrue that he had informed Doggett that he was unable to pay his debts but that he heard his daughter
tell Doggett and McLellan that she believed they could pay all their creditors 20s. in the that his daughter had refused to show the stock and booh to McLellan and Doggett, because McLellan had threatened that unless she did so they would do their best to crush him; that Doggett suggested that he, the prisoner, should execute a deed of assignment to McLellan, but that his daughter had at once refused that anything of the sort should be done; that it was absolutely untrue that any stook had been removed from his business premises other than in the ordinary course of business; that it was untrue that he had given notice about October 7th, 1902, to any of his creditors, that he had suspended or was about to suspend payment of his debts, or that he was unable to pay them, or that with intent to defeat them he had departed from his dwelling house or otherwise absented himself, with the exception of having slept one night at Stockwell with a friend; that he had not denied himself to Doggett or any other creditor or person; that no stock whatever had been in vans or near his premises, and none had ever been removed in vans at all; that a large quantity of boots were made up every week by workpeople in their own homes, who brought them to Brushfield Street when finished, and whose wages were paid on Fridays; that goods to the value of £50 or £70 was in the hands of the workpeople, and that he feared that unless they were paid what was due to them the goods would be pledged or sold; and that he denied having committed any of the acts of bankruptcy alleged in Doggett's petition, or any other act of bankruptcy whatsoever.)—I also produce an affidavit of the prisoner, dated October 22nd, 1902 (This stated that he denied having told McLellan that he could not pay his debts as they became due; that owing to the complaint of a factory inspector certain of his stock had, about October 13th, been removed from the ground floor to the basement and second and third floors of his premises, where it still remained; that the ground for the complaint was that the stock when upon the ground floor impeded the proper ingress and egress to the rear of the premises, and would have been a source of danger in case of fire; that the request to produce the books was addressed to his daughter and not to him; that upon her refusing to produce them McLellan said, "Unless you do so and show Mr. Doggett the stock, we will do our best to crush you, and this business will be sold up"; that his daughter had said, "You will not have the chance of doing that, as you will be paid before then"; that she informed them that the creditors would be paid 20s. in the pound; that he had not kept any manufactured goods at Brushfield Street, and that the stock of unmanufactured goods on October 13th was the same in quantity as it usually had been; that his daughter had told Hoffman that she would ask her cousin at Bow if it was advisable that the books should be produced, and that if they would call again at five o'clock she would have an answer for them; that he had not given his brother Jack special instructions not to allow anyone to go over the Crispin Street premises, and that if he had been present himself he would have been too pleased to permit them to see the contents; that it was quite untrue that hundreds of pounds worth of goods had been removed from his premises between October 10th and 13th, 1902, unless for the purpose of satisfying the requirements of the factory inspector; that it was untrue that he had informed Rogers that Nicholls,
Sons and Darnell were pressing him for payment, but that he told Max Storch that as soon as he got some money he would pay him what was owing; that it was untrue that he was going through his books for the purpose of making a statement to his creditors, and that he had been pressed lately for ready money, which was accounted for by the large number of Jewish holidays, during which he had received very little money.)—Pinned to the file there is what purports to be a transcript of the evidence given by the prisoner on the hearing of the petition on November 7th—it is not the practice in the Bankruptcy Court for the notes to be signed by the debtor—the shorthand writer who took these notes is dead.
HARRY KENNARD . I am a member of the firm of Stanley Evans & Company, solicitors, 20, Theobald's Road—we acted as solicitors for the trustee and petitioning creditors in the bankruptcy of the prisoner—I was present at the hearing of the petition—it lasted five days—I was present during the examination of the prisoner on November 7th—while he was being cross-examined I took a note of his evidence to relieve counsel—Mr. Younger, the factory inspector, was called as a witness—this is the note I took of what the prisoner said, "I saw the factory inspector, Mr. Younger; that is the man I referred to in my affidavit; I refer to no one else. Paragraph 3 of affidavit of October 22nd, 1902, read: I do not know a man named Simon Solomon. I know Wentworth Street. I know who lives at 43, Wentworth Street. It is a boot manufacturer's, Solomons. I do not know his other name—I do not know Bernard Solomons. What is the name of your cousin at Bow referred to in your affidavit? Answers "I know nothing about it." Reads affidavit 6: "I do not know the name of my daughter's cousin at Bow. I do not know she has a cousin at Bow—I never heard her refer to her cousin at Bow. Hoffman said he wanted to see the books. I am quite sure I did not hear his answer. A cousin of mine keeps a boot shop at 307, Roman Road, Bow; Eastern Boot Stores. His name is Barney Solomons"—I have compared that note with the transcript—they agree, but the transcript is somewhat fuller—I am able to say the transcript is correct.
Cross-examined. I think the prisoner said he was an illiterate man, and could not read or write—I do not think it was obvious that he was. very much confused in the witness box—at that time, the trustee had not been appointed—I am acting for him now—there was an application made by the trustee for an order to prosecute.
HERBERT WESTOBY YOUNGER . I am an inspector of factories, of 98, Witherton Road, Upper Tooting—it was part of my duty to attend at the prisoner's premises at Brushfield Street and Crispin Street—it is not correct to say that on or about October 13th, 1902, I called at either of those premises—my last visit there was on June 10th, 1902—I keep a record of my visits and of any requests I may make—it is not true that in that year I requested the prisoner to remove the stock in the basement or ground floor, in either of those premises, on account of fire—I can say that I never did that.
Cross-examined. There are three inspectors for East London—no one would be likely to go to Crispin Street besides me—there are two
assistant inspectors—they very rarely overlap where they go—if I went to a factory and saw goods obstructing the exits I should say, "You must not keep your goods here"—I go to hundreds of places every month: if there was any danger I should tell the owner to put it right—I should always make an entry of that—this is my book in which I make them—every request I make I put down in that book—I have ordered exits at factories to be cleared—it is an infrequent occurrence—as a rule inspectors take factories, and the assistant inspectors, workshops—there is not more than one inspector for a particular district—there might be more than one man who went to Brushfield Street, but not more than one to Crispin Street—it is possible that an assistant inspector may have visited Brushfield Street and not Crispin Street—assistant inspectors have to become inspectors before they go to factories—there are a great many Solomons in this neighbourhood.
Re-examined. A record is kept at the Home Office of the visits of inspectors—registers are kept in which the visits are entered—there is a superintendent above me who has charge of the whole of the East of London—he sometimes overlooks my work—if he thought something was not right he might go himself—he is called the district inspector.
HENRY KINSEY . I am a member of East, Kinsey & East, leather merchants, who are creditors in the prisoner's bankruptcy for £1,072 6s. 6d.—we began doing business with him early in 1902—from January to May we sold him £600 or £700 worth of goods—he represented himself to be a boot and shoe manufacturer—I did not know him as a leather merchant—I got into connection with him through my traveller calling; then I called—he had a sample in November of the previous year for about £11, and we commenced doing business in January—I called on him on October 13th—the premises appeared as if business was suspended—there was nothing going on—it was before 12 o'clock a.m.—the whole place was depleted of stock.
Cross-examined. I do not think I had been there more than six or eight times before October 13th—I was there some time in September—we sold him about £200 worth of goods on September 9th, and £700 worth on September 16th. and about that date I went there for the settlement of the account—we had sold him box calf and glace kid—I do not think it was particularly cheap—on one occasion he had a few odd pieces of skins, which, I believe, we blacked and finished for him—we do not dress leather for outside people—I went to Brushfield Street on October 13th—I did not go over the place—I only went to the ground floor.
ARTHUR NORMAN ROGERS . I am manager to Messrs. Scriven Bros., of 44, St. James's Street. Bermondsey. leather merchants—we have been dealing with the prisoner for some years—we knew him as a boot and shoe manufacturer—we did not know him as a leather merchant while we were serving him—on October 13th I called upon him for payment of our account of £202' 8d. 8d.—our bill had been dishonoured—he told me he could not pay—I asked him if he could give me any customer's bills for the account—he told me he could not—he said two of his customer'
tomers' bills had been dishonoured—Messrs. Doggett was one, and Messrs. Nicholls, Sons & Darnell, who were pressing him for payment—he gave that as his reason why he could not do anything for us.
Cross-examined. I was abroad last week, and I had a subpoena sent to me, saying I was to come as a witness—I had made an affidavit when the bankruptcy petition was made—we have always found the prisoner thoroughly honest up to the last—we had dealt with him previously—I do not think we had any references lately—he may have paid us £50 or £80 in cash—I do not think his payments were so large as that—I heard rumours towards the end that he was selling leather—that was just before the bankruptcy—I do not know who told me so—we were paid £699 about September, 1902, by him—the last payment was made on September 25th.
HENRY MCLELLAN . I am an accountant, of Devonshire Chambers, Bishopsgate—on December 1st, 1902, I was appointed trustee in the prisoner's bankruptcy—before that I had been acting as accountant to Mr. Doggett—as trustee, the books of the prisoner's business came into my possession—I had seen them in November—I found an invoice book among them—it was not brought up to date—the last invoice copied was July 10th, 1902—the last entry in the ledger was, I think, on September 30th, 1903—there was no entry in the ledger or day book of any sale to Margolis or to Jacob Smith or Rachael Smith—I found no reference anywhere to sales of leather, cardboard or thread—I did not find any entries of sales of leather in September to Cohen—there was no entry of a receipt of a bill for £98 from Magnus on October 12th, or any other date—the last entry in the day book is October 13th—the entry is "October 13th, Barney Solomons, £13 4s., 96 linen thread at 1s. 6d."—when I first saw that book I say that entry was not there—I am afraid I cannot fix the date when I first saw it; it was some time in November—this other entry on October 6th was not there then; the last one was "September 30th, various goods, £151 11s."—I do not know of my own knowledge where the books were up to October 13th—in the ordinary course, after an interim receiver is put into a business, the books are left on the debtor's premises until a receiving order is made—this receiving order was made on November 12th, 1902—the statement of affairs was prepared on November 21st, 1902—an amended statement was filed on December 13th, a goods account filed on December 4th, and the cash account on January 15th, 1903—from November to January the books were in the prisoner's possession for part of the time—I let him see them. at the request of the Official Receiver—on December 11th the prisoner's banking account was overdrawn by £141 3s. 7d.—on October 13th I attended his premises with Mr. Doggett—the proceedings on the contested petition lasted from October 15th to November 12th—the prisoner was required to file an account from May 12th to November 12th, 1902—the cash account covered the same period—the total amount of purchases, according to the goods account, was £10,637 5s. 7d., for wages £4,025, total £14,662 5s. 7d.—the total amount disclosed as to sales during that period was £8,952 5s. 10d.; those were sales of which he gave particulars—the actual value of the stock in hand when I took possession was £545 19s. 8.;
it realised £454 19s. 8d.—there is a deficiency of £5.314 0s. 1d., which includes £150 stock not in hand on May 12th—if the amount was larger than that, I should have to increase the deficiency by the same amount—the actual amount of the admitted proofs of debt was £7,429 13s. 1d.—the net amount of assets handed over by the prisoner was £842 3s. 8d., showing a deficiency of £6.500 in round figures—the prisoner's assets included no money or furniture, but only the remains of his stock and book debts, which realised £71 9s. 3d.—the machinery realised £188 1s., and cash sales £99 18s.—in the goods account there is a figure of £3,700 entered as an estimate of the cash sales, of which no particulars are furnished—I endeavoured to analyse the cash account—I split it up into months, and took the receipts and payment for May and June; the total receipts of those months, as shown in the cash account, are £3,382 0s. 2d.; that, includes the bank balance at the beginning—the payments during that, time were £3,952 10s. 8d.; so there appears to have been £500 more spent than was received—I do not know how that was managed considering that there was no balance at the bank—it is an absolute impossibility for a man to spend more than he receives—on January 30th I accompanied Mr. Doggett to 45, Fashion Street—the tipstaff of the Court was with us with a search warrant for the purpose of searching for a portion of the prisoner's property—we had to threaten to have the lock of one room picked—the proprietor showed us all over the place, with the exception of one room, which was locked—it was over an hour before the key was produced from the proprietor's, Jacob Smith, pocket—he opened the door and let us in—we found the room stocked with leather, which I took possession of—it was all identified by Mr. Doggett as having been sold to the prisoner—I eventually sold it for £286 13s., which has been applied to the prisoner's estate (Portions of the prisoner's evidence at the Bankruptcy Court was here read.)—Magnus' bill is in Court—the prisoner did not account for that in his bankruptcy—I received it from J. Feldman, who was engaged to Annie Solomons.
Cross-examined. The books were very badly kept—I could only trace two transactions in them for cash—during the last three or four years I found many cash transactions entered—there were between 70 and 200 men engaged—they received large sums of money in wages—I did not hear that much more money was paid to the bank than appears in the books—as far as I observe cash transactions were entered in the books, except within the last six months prior to the receiving order—there was a case about the Magnus bill—the Judge and' Jury found that the bill was passed over in good faith to Feldman—I think it was Miss Solomons who told me that he was engaged to her; I believe they are not engaged now—I believe he gave one accommodation bill, I think it was one for £53, for the Magnus bill—I do not know if the Jury found that two accommodation bills were given in good faith—the Jury found against me as to the £53 bill, but I got so much out of the costs that I was able to repay myself the £53—this is not my first case as a trustee in bankruptcy—I have not tried to upset a mortgage on the Duke Street property, because I was afraid it would fail—I do not know if Mr. Cohen is here as a witness
—I (lid not take proceedings against the prisoner's wife for the recovery of £700—that was not because I knew that it had been paid to the creditors—i took possession of the goods on the premises—she brought a suit against me, and got judgment against me for the goods—the leather was cut up and sold before I could get hold of it, otherwise I should have taken it—the action was tried before Mr. Justice Wright—Mr. Doggett did not say that he had sold the goods to the lady—Mrs. Solomons said she bought the goods, and the Judge believed her—there was no Jury—I have not taken steps to recover the sixty-six houses; they are all mortgaged—I did not get a search warrant to search Barney Solomons' promises—I got a warrant against prisoner's wife and against Margolis; those are the only two warrants—I tried to get a search warrant against somebody else, I do not remember the name now—when I went to Margolis's premises Mrs. Margolis claimed the goods as hers—proceedings were taken in Court by her—I do not know if she swore that the goods were hers—she spoke in Yiddish—I could not understand what she said—I do not suppose the learned Judge understood Yiddish—he found in our favour—Mr. Justice Wright held that he believed she was assisting the prisoner—it is impossible to spend more than that received, even if there were payments by bills—the bills had not become due—I know that actual cash was credited to the prisoner's account in May and June—I do not know if any part of the £3,382 was made up by bills—I say that the £3,952 was not paid by bills—the amounts have been checked by the bank pass book—I have made an analysis of the £3,952—I know what analysis means—that document shows how the £3,952 is made up—the £292 is for goods obtained previously on May 17th—£166 was paid by cash—the stock in hand was valued by the auctioneers—I have not added up the numbers of shoes—I believe there were 5,000 pairs of boots and shoes among other things—I do not know if all the goods on that paper were there—I have no special knowledge of the value of boots and shoes—the stock realised £454, and I put 20 per cent, on—I do not know if it was a fair representation of the value of the goods—I do not know if the price the machinery fetched was within a fifth of what it cost—a "builder" means a heel builder—it would not be worth £80; they only cost about £23 when new—these four would not be worth £100—they had been in stock for a long time—they probably cost the prisoner more than I got for them—I believe the motor cost £60; it fetched £27—that was with the shafting and the pulleys—as a result of this bill of Magnus's, I obtained for the creditors £45 as belonging to the debtor's estate.
WILLIAM WEST . I am an inspector to the Official Receiver—between October 12th and November 13th I received the receipts received at 48, Brushfield Street—the amount was £99 18s.—I paid the wages, which came to £218 2s. 4d.—I received the £99 from Mr. Harris, the man in possession.
Cross-examined. I did not dismiss any of the men—none were dismissed that I am aware of—about thirty were employed when I first went—Mr. Howe was at Crispin Street—I only visited the two places and took the cash.
Evidence for the Defence.
ANNIE SOLOMONS . I live at Brushfield Street, Spitalfields, with my father, the prisoner—he can neither read nor write, but can only sign his name he managed the manufacturing and the having, and I looked alter the books and everything else I did all the selling if I was out my father would do it most of it was done at Brushfield Street—the books kept were the sold day book, the sold ledger, a rough book, and a bought ledger, but that was never written up—they were all imperfectly kept—I was responsible for it we did not keep any clerks—I had so much to do that I had not time to keep the books properly—we had a good many cash transactions if I took any money it was necessary to keep it, because we had so many payments to make I kept it in the unlocked drawer of a desk—sometimes I had £100 or £50—workmen's wages were paid out of that—on Wednesdays we used to allow the men part of their wages—we sometimes paid sixty or seventy men on Wednesdays—they were generally poor—the money we received did not always go into the bank—this (Produced) is a requisition of the trustee—these are questions asked with regard to goods supplied to certain firms—I find no request with regard to Mrs. Margolis, or Smith, or Barney Solomons—he is my father's cousin—there is nothing about Mr. Cohen hero—if those names had been mentioned with the others, particulars would have boon given; being omitted in the requisition, they were overlooked—there was a loan of £700 to my mother in respect of some houses by my father—she promised to pay him back—it was paid into the bank, and paid to the creditors in duo course—my mother was examined with regard to that by the official Receiver—no proceedings were taken in respect to it—I answered the queries in the requisitions as well as I could—we have been dealing with Margolis for three or four years—they are boot and shoo manufacturers—they have a factory—we have dealt both with Mr. and Mrs. Margolis—they have only the one business, but we sold to both—the business is hers—I think he is her manager—she is no relation to us—their transactions were always for cash—we sold them unmanufactured goods, not boots and shoes-we sold them pulp board, which is used instead of coardboard—this card (Produced), Wholesale boot and shop manufacturer and leather merchant," property describes our business—we do not keep separate books for the sale of leather—I had so many people coming in and buying that I did not know who they were—my father has sold leather for twenty years at a profit we never sold under cost price—I can remember selling leather for five years—we sold it to the Avon Boot Company. G. B. Hall, of Colchester. (Gluckstein. Sampson & Company, and others—I remember selling some skin to Mrs. Margolis About July to September. 1902—these (produced) are original documents, and show those sales: "Bought of Solomons, skins, £112 July 19th, 1902" the next one is July 26th, "Blue backs, £26 August 1st, shoulders, £29.5s. 7d." that is for the soles of boots—this (Produced) is a receipted invoice of August 30th, for leather boards, which is pulp, £20 10s., discount of 10s. made it £20—September 18th, £84 5s., with discount, £83 4s. M.K., means mock kids September 20th, £88 10s., mock
Persians—those were all purchased by Mrs. Margolis at our promises, the payments being made in cash to mo—the Margolis's have no banking account, but they sometimes paid people with their customers' cheques—the black man, as a rule, delivered the goods—he acted as porter and carman for us—I think he delivered all the goods specified in these receipts—I do not know how many lots there were—I suppose each lot would go as they bought, them—the first item of £112 would go in one load or not, according to the size of the skins—Campbell delivered goods to other people besides the Margolis's—he delivered some to J, Darnell and Sons, boot and shoe manufacturers, Kingsland Road—he took his orders from me—he may have had no invoices or papers when he delivered the goods to Margolis, because when Mrs. Margolis bought them she may have taken the receipted invoices with her—I would give them to her when she paid me the money—I receipted the invoices at the time of buying—Fashion Street is two or three minutes' walk from us—I think that Mrs. Margolis sometimes accompanied the goods when they were sent, but I am not sure—she may have gone on and waited for them—she paid prompt cash for the goods—I remember the invoice of September 18th—goods to the amount of £81 5s. were bought, discount £1 1s.—I think on that occasion she only had with her £50, which she paid me—she said, "Scud me round part of it for £50, and I will send round and pay you for the other"—she paid the balance the same day—I think the rest of the goods were sent round next morning—there is another invoice of September—20th, which is a payment of £188 10s.—I suppose she paid me that sum on the same day—I remember doing business on a Sunday—she came in rather late—I think it was September 18th, I am not sure, and bought some goods—she asked me to send them round in the morning—they were not delivered that night because we do not send goods out on Sundays—we did hardly any business on Sundays—Campbell started loading the two early deliveries perhaps about 7 a.m., it might be earlier—it would not be 5 a.m.—we opened at 6 a.m. every morning—the van loading would be started about that time—other goods were sent out in the daytime—if Campbell is under the impression that he started at 5 a.m. he is mistaken—the goods delivered early in the morning on September 18th and 21st may have been shown in the invoice delivered in the middle of the day—I never gave instructions to load goods during the night—both our places were locked up at 8 p.m.—I had the keys, and opened the places in the morning—I let the men in at 6 a.m.—no goods over left our place after 8 p.m. on Saturdays—we kept open up to 1 p.m., when I locked up the places—the Jewish people did not work on Saturdays, so they came and did half a day on Sundays—I would let them in—from 6 a.m. on Saturday to 1 p.m. on Sunday the places were locked up—I never had any communication from Snowling or any other person that goods were removed at night—there was only one key, and nobody had it except myself—no goods were removed on October 10th and 13th—the Black Fast was on Saturday. October 11th—no goods wore removed about that time, either day or night, except in the ordinary course of business during the day—we did business with Barney Solomons, who
traded as the Eastern Boot Stores in Bow—I believe he is my father's first cousin—I believe he has been established in Bow for fifteen or sixteen years—I remember him calling on October 9th—I saw him—he made some purchases of boots and shoes from me; these are the original invoices—I find that he made a deposit of £10—£4.3 5s. was the total amount—he paid cash on October 13th—I have seen Harris Jacobs—he was not engaged by me—I know now that Mr. Lacomb engaged him, who was acting on behalf of Barney Solomons for the delivery of these goods—he is sometimes referred to as the "ginger fellow"—I assisted in packing the goods—some boots were packed in cardboard boxes, and then in wooden cases without any lids—I saw Lacomb going away with the van—I saw Max Storch at the door when the goods went to Barney Solomons on October 10th; the van was being loaded while he was at the door—if he says the cases contained leather he is very much mistaken—he could have. en the contents of the cases if he had desired; he was next to them—no leather whatever was removed on October 10th, 11th, or 13th—it would be necessary to go down Bethnal Green Road to get to Barney Solomons'shop—I remember selling Cohen some skins—I cannot speak to the exact dates: it may have been September—I sold them for cash; all our dealings with him were in cash—I received sums of money from him—I remember a payment of £224 for various goods—I believe on one occasion he paid a cheque which we cashed—none of his payments would be entered in our books—his business was done in the same way as Margolis's—I conducted the sale, when £224 was paid; that would go into the drawer I spoke of—I made no entry of it—we never took stock; we always thought the business was going on all right—I have been in the business for five years—I am positive we never took stock—we kept no record of the cash takings during the day—some requisitions were handed to me which I answered through my father—No. 8 asks for the stock shown on October 13th, when I had almost completed taking it—I do not remember taking stock even after the petition—the answer to the requisition was, "My daughter states that on October 13th last she was having the stock ready to go through, but nothing further was done"—if there had been no petition we should not have taken stock in the ordinary course of business—the £3,700 mentioned in paragraph 3 of the requisition is only an estimate, and would include such payments as received from Cohen, of which no record was kept—we paid money into our bank, the London, City and Midland, Bishopsgate Street—our account was very often overdrawn—I remember the details of Magnus' bill of exchange; it is really J. Magnus & Sons, boot and shoe manufacturers, 32, Bethnal Green Road; they are very big people, and have been our customers for eighteen or nineteen years—the accountant appointed by the Court drew up the cash account—I did not give him the details because the books were kept so imperfectly—we sold them goods in October—it was a five months' bill; I think it was dated October 12th; it was due on March 15th—I did not discount it—it was handed to me by Mr. Magnus himself—I gave it to Mr. Feldman. who trades as Messrs. J. Barnard & Company; he let us have two accommodation bills—they became due, and I did not
have the money to meet them—I think one became due on October 7th—I believe it was for £40 or £50—Feldman called for payment several times, so I gave him Magnus' bill for £98, which would liquidate the first bill and would be something on account of the other—the bills were paid into the bank and were discounted—I cannot remember when I paid them in—together they came to £116 17s. 4d.—they were drawn on July 4th—there is a discount entered in the pass book of 13s. on July 11th—the next bill is entered in the pass book on November 1st, when we were debited 11s. 7d. for discount—when my father became bankrupt the trustee stopped payment of Magnus' bill for £98 6s., which I had given to Feldman, who claimed the amount—there was an action with regard to it before Mr. Justice Wright, in which Feldman was successful—the trustee recovered as to one bill and not as to the other—Feldman arranged to give me the balance which he owed us on the bill, but he did not do so; he said he had had enough trouble in getting the money on the first bill, and he meant to have something on account of the second, which fell due after the petition was presented—there were other bills which were not disclosed in the cash account—that was not an oversight—they were given to people from whom we purchased—we do not keep a bill book for these bills—one was paid to Messrs. Baxter, and has since been paid over to the creditors—there was not much more stock during the early part of 1902 than we usually had—we bought exactly the same quantity that we were accustomed to buy—we never had an excess of stock at any time; we always bought as we wanted it—in October we purchased goods to the value of £150 only—that was raw material for making boots and shoes—on October 8th or 10th there was a normal amount of stock on our premises—it would not be true to say that it had disappeared by the 13th—no stock was removed between October 10th and 13th except what I have spoken to—we purchased glove hide from Scriven Bros, only—the last purchase was three months before the bankruptcy—we have not had any in the place since July; it was used up as it came in—Messrs. Fryer, Cooper & Co. sold our stock after the bankruptcy—5,000 pairs of boots and shoes were sold after the petition—it is very hard to say what our average amount of boots and shoes was—sometimes we had a big stock and at other times very little—I should call 5,000 pairs a very good stock—I do not think we ever had more than 5,000 pairs in the place—we had a large quantity of leather, some machines, and a motor there—we had book debts—I cannot remember what they were worth—sometimes we had bad debts—I believe the bad debts were £917 19s. 10d., and good book debts £89 3s. 3d.—you cannot help making bad debts, people go bankrupt—we only gave credit where we were obliged—we never wrote our bad debts off—I do not know how old they were—they were not ten years old, they were only about two—I remember Mr. Younger calling—I do not remember the date—I told my father to put in his affidavit that Mr. Younger had called and said the goods were to be removed from the ground floor, as they were a source of danger in case of fire—Younger came and told us to have some machines and cases removed, as we should have somebody falling over them—my father must have made
a mistake if he says Younger came about October 13th; it was before that.
Cross-examined. There was no leather removed about that time, to my knowledge, in consequence of the inspector's complaint—my sister Jessie kept my father's books before mo—she is three years older than I am—I believe my father never kept any books before that, but I cannot answer for nine years back—I know all about his financial affairs, and I take all responsibility for that part of the business—the creditors got the benefit of my mother's cheque for £700, which was paid in to my father's banking account—I assisted in making up the statement of affairs, the goods account and the cash account, with the assistance of Mr. Wilson, the accountant appointed by the Court—I do not know what money the creditors got from the bank—if there was no money at the bank they could not have got any—Mr. Wilson asked me questions as to the goods account, and I answered them—he said it was my duty to give the best information I could as to what had become of the goods—I did so—I do not remember if I disclosed in the goods account the name of any person to whom my father sold leather, or thread, or cardboard—I prepared the goods account, with which the trustee was not satisfied—he required further particulars, one of them being particulars of "all leather sold or otherwise disposed of by the debtor"—this is my answer, signed by the prisoner, for which I desire to take the responsibility—my father did not read it or look at it; he took my word for it (This stated that the prisoner was informed by his daughter that he did not know the names of the customers, and had no particulars of any account of such sales)—Mr. Wilson must have made a mistake in answering that—whoever wrote out the answer put it before my father to sign—the requisitions were sent to Mr. Raphael, our solicitor, and I answered them verbally in his office—I do not remember who was the person who put this before my father to sign—I do not think that my father was present when I gave the answers at the solicitor's office—I do not remember if I saw him sign it—it is not true that I and my father did not know the names of any customers to whom leather had been sold—Mr. Raphael is responsible for the actual words, but the information came from me—I do not suppose I should have told him about the goods sold to Margolis—I told the accountants when the accounts were being prepared—their name is Messrs. Wilson and Co., Essex Street, Strand—the Official Receiver appointed them to help me—I did not tell Mr. Wilson—that the search warrant had been issued before it was issued—I made no disclosure with regard to the goods sold to Margolis—Mr. Wilson wrote up the cash and goods account from my information—I do not know that there is no mention of Margolis's name in the goods account—if there is no mention it must be his omission—I told him to whom I had delivered goods—I did not tell him that there had been invoices with regard to those goods—he did not ask me, and I only told him what he asked—it is absolutely untrue to suggest that these invoices did not go to Margolis until after the search warrant was issued—I do not remember the date of the search warrant (January 30th, 1903)—as Mrs. Margolis bought the goods I gave her the invoices—there was no reason why the
accountant should not have all the information—all he had to do was to go to Margolis and enter the goods in the goods account—when I went to Mr. Wilson I was unable to furnish the exact dates and amounts, and he suggested the best thing would be to put the whole sum down in a lump, and that is why he put down £3.700—I do not remember if I told him that I sold leather and thread to Cohen—we had hundreds of these cards (Produced)—we had them printed at Horwood's, printers, of Bishopsgate Street—we have had them for years—I do not think we had "Leather merchant" on the face a over the premises, nor on the stationery which we used when communicating with leather merchants; we only had the one kind of card—that is it—I am not sure if we had the class of card without the words "leather merchant"—I do not think we did—of course Mr. Doggett, Mr. Richardson, Mr. Hoffman, and Mr. Kirsey knew that my father dealt in leather—they all had this card—there was no mystery about my father dealing in leather—all the people who supplied us with leather knew of it, and did not object—we have not got two sets of invoices—we have known the Margolis's for about two years—I did not know that Mr. Margolis was an undischarged bankrupt—I knew the business was his wife's—I have never been to Fashion Street—I have seen him in connection with the business—it is news to me that he was convicted of fraud in May, 1899—I did not instruct Mrs. Margolis to deny that these goods came from my father, if any question was asked, or that they were to say they did not know us at all, nor that if any question was asked to say that the goods came from Lubinsky—leather and thread to over £500 was sold between September 20th and October 8th to Cohen—I do not remember if I mentioned that to Mr. Wilson—I do not remember if I looked at the goods account when it was made up; I may have done so—I do not remember if I noticed that there was no mention of that sum in it—the business at Brushfield Street now has nothing to do with this case—I carry it on for my mother; it is hers—it is not carried on at Crispin Street—we have carried it on at Brushfield Street for six or eight months—it was not carried on from the moment that the Official Receiver gave up the premises—it is the same business on a small scale—we make the goods there—I did not start it until six months after the Official Receiver gave up the premises about November, 1902—I remember a search warrant was executed there in January, 1903—we were in possession then, but not manufacturing—there was stock there then, but the place was closed, and we were doing nothing—I dare say the transaction with Barney Solomons on October 13th was mentioned to the accountant—I cannot swear about things that happened about two years back—I do not know that it does not appear in the cash account—I suppose the entry was made in the day book with regard to it on the day the goods were bought—the sale to Barney Solomons for £43 does not appear in the books—the one for £13 4s. of October 13th was entered on October 13th—it is not correct to say that that entry was not in that book in November—I remember swearing an affidavit on October lath; it was sworn in the same way as the information given to Mr. Raphael or his clerk—I suppose it was read over to me; I forget if it was, or if I read it—I say in it that I believe my
father was solvent; that was my belief at the time—we reckoned that my father's liabilities were only £6.000, but Mr. McLellan gave us other sums, but would not give us particulars, so we had to take his word that it was £7.000 my father signed the statement that his liabilities were £7,000—in order to be able to pay that sum he must have property to that amount—I knew he had no furniture or house property, or money at the bank—he had his stock and business—the stock has been purchased for £1.250 but I did not knew what it was at that date, I only knew what it was when it was taken by the accountant—I did care what I said in the affidavit—I was naturally very anxious to help my father—I was not anxious to swear anything to help him, only what was true—when I found out that I had made a mistake in my affidavit about stock having been removed I had it altered—I believed it true at the time I gave the information to the solicitor—I relied on my memory when making that affidavit—I did not look at the books—Feldman was a friend—there are two brothers—I was engaged to one of them—he had an accommodation bill of ours—I did not disclose that it had been received, because it had not gone through the bank, and I had forgotten it—the £700 cheque was given by my mother and passed through the bank in August, and about the same time £750 in cash came from the account—part of it came from my mother's account, and £450 from my father's—it was drawn out on August 18th—my sister was married on August 19th, and that was my father's present to her—her name is Jessie—I believe £300 came from my mother's account—the whole £750 did not come from my father's—on October 13th Mr. Doggett called—my father was upset at not being able to meet his liabilities—he was not sobbing—I do not remember if Mr. McLellan asked him if he could meet his debts as they became due—there was nothing to prevent Max Storch seeing what was put on the vans—if he says it was leather he is mistaken, or must have invented it—the ends of the cases were wide open, and anybody could see their contents—a man named Max Fisher had got nothing to do with our transactions with Mrs. Margolis—I gave evidence before Mr. Justice Wright, who came to the conclusion that the transaction was not made in good faith.
Re-examined. The search warrant was executed in respect to my mother's goods—subsequently proceedings were taken in the High Court; it was heard before Mr. Justice Wright, and an order was made directing the trustee to return the goods to my mother—half the goods were returned before the case came on—when I made the affidavits I believed them to be true, and afterwards admitted my mistakes in the Bankruptcy Court at the time the petition was filed—I was very much confused about the business; it was all very sudden.
RAPHAEL SMITH (Interpreted.) I trade as Margolis & Co., at 45c, Fashion Street, Spitalfields, as a boot and shoe manufacturer—I used to trade with the prisoner—my husband is a bankrupt, and in consequence most of our dealings were in cash—I have bought goods from other firms besides the prisoner's—amongst them are Lubinsky. Gordon. Warmington & Co., Tebbitt Bros., all large firms—I generally selected the goods—the business is mine, my husband was the manager—I remember buying
some goods from the prisoner, which later on formed the subject of an action—I cannot read—on July 19th I bought skins for £112—I paid cash for them—on July 26th I bought blue bucks for £26; August 1st, shoulders, £29; August 30th, leather boards, £20—all the goods I bought from the prisoner between July and September I paid for in cash—I got these receipts for it—they were given to me by Miss Solomons at the time I purchased the goods—I remembered ordering some goods on a Sunday—they were delivered on the Monday morning at my request, between seven and eight—I was not there when they arrived—goods were generally delivered on the day of purchase; sometimes at nine or ten, but, as a rule, not earlier—these were not delivered earlier than usual—I got to business on this Monday morning between nine and ten—I do not live at Fashion Street.
Cross-examined. I know Max Fisher—he told me to buy this leather—he went with me to the prisoner's shop—he was not present when I bought it—sometimes I got the receipts there and then, sometimes they were sent to me—my husband did not know if the goods came from the prisoner, because he did not buy them—he sometimes bought from the prisoner—there is another Solomons—Max Fisher paid me money to value the goods seized by the officer of the Court—I do not know what he had to do with it—I do not know if the costs before the Judge were paid by Fisher or by my husband—Fisher has a shop in Commercial Road, and sells pieces of leather—he is no relation of mine—Mr. Jonathan Harris was my solicitor in the action—I do not know who paid his costs, I did not—he asked for them, but I did not pay—I do not know if Fisher paid them—I have made several statements to Inspector Morgan, sometimes in English and sometimes in Yiddish—I do not speak English much—I remember Morgan reading over to me, in the presence of my son Lewis and my husband, a statement which my husband had made, and which I said was correct (This stated that in June, 1902, Max Fisher came to Jacob Smith and informed him that in consequence of the prisoner's daughter's marriage he, Fisher, advanced some money to the prisoner, but did not state the amount, and asked Smith if he would buy some stuff, which he understood meant skins and leather; that he had bought similar goods from Fisher before, so knew him well; that Fisher told him he was going into partnership with the prisoner, but did not want anyone to know that he was connected with a boot manufacturer, or it might do him harm in his business, and asked if he would buy the prisoner's goods from him, Fisher; that Smith agreed to do so, and bought skins and other material a few days afterwards; that the goods were brought to Smith's place in a van hired by Fisher, and were weighed there, and that he, Smith, paid Fisher for them in gold; that in July, 1002, Fisher was out of London for some weeks, and during that time he, Smith, did not buy any goods from the prisoner; that when Fisher returned he, Smith, bought from him several small parcels of similar goods from £50 to £100 each, which he paid for in cash; that he understood all the goods came from the prisoner's premises; that he, Smith, had not hired-a van, but the goods were all brought by Fisher; that the goods seized by McLellan and Doggett were not bought by him, Smith, as he was
ill in bed, that Fisher usually sent him the receipted invoices, which were made out as the prisoner's invoices and no Fisher's. that Campbell was very often at the prisoner's place when he. Smith, and Fisher called there and had been to his place set-era' times with goods which he had bough' form Fisher: that when the goods were taken away by McLellan he. Smith, went and saw Fisher, informed him what had taken place, and said, "Did you send on the invoices" that he said, Go back' and go to sleep; you shall hare the invoices." and that he brought them that day about 6 p.m.; that Fisher said that if he. Smith, lost the goods he should hare his money back; that a few weeks back he was paid by Fisher the value of the goods and his expenses, and also paid all the costs of the trial in connection with those goods; that the goods found on his. Smith's, premises were bought by his wife at Solomons' shop in Fisher's presence; that she paid the money to Fisher, but the invoices were sent or brought by him later on: that when he asked him. Smith, to buy the goods in June. 1902, he did not say anything as to where or how the prisoner had got them: that when he informed Fisher that the goods had been seized he told him. Smith, to go back and say he had bought them of Lubinsky: that Lubinsky denied it; and that he Smith, had to say that he bought them of Solomons)—that statement was read over to me in English by Inspector Morgan, and translated by my son—I marked the statement that it had been read over to me and was quite true, and added to it, "1 bought those goods from Solomons about two or three months before I heard he was a bankrupt."
Re-examined. I paid a deposit on the goods, but they were not sent until I paid the remainder of the money, which I eventually did—Morgan asked me to make a statement, and I did so in order to get my money back.
STEPHEN BUOWN (73 H.) On October 12th. 1902, I was on duty in Brushfield Street and Crispin Street from 10 p.m. to 6 a.m.—I passed the prisoner's premises in both streets about once an hour—it is rather a rough neighbourhood, and in consequence I keep a sharp look-out—I did not see any goods being removed from either of the promises—I saw no vans being loaded or waiting outside—I think I should have seen them if they had been there—if I had seen somebody loading up a van with boots at 2 a.m. I should have taken the name on the van and reported it—it would have appeared to have been a suspicious circumstance to me—I do not know Snowling—I did not see him on that night—no report was made to me by anybody.
Cross-examined. I should go into several other streets—I had two and a half beats that night, which would take about an hour—I should not be on duty at 6 a.m.: I should be at 5.55—if I saw a van loading then I should report it—I do not know if factories open a little before six—if I saw a van loading between 6 a.m. and 9 a.m. I should not report it; if it was before six I should—factories in the East End are open till 10 p.m., but not after—up to 10 p.m. I should not take much notice of a van loading leather.
Re-examined. If I saw a van loading between 10 p.m. and 6 a.m. I should report it, because it is unusual.
By MR. GILL. I was first asked to recall this matter two or three months age.
By the COURT. My superior officer looked at the occurrence book to see if I had made a report—I had not done so.
GEORGE WILLIS (168 H.) I know the prisoner's premises in Brush field Street and Crispin Street—on October 8th. 9th. 10th. 11th and 10th I was on duty round there between 10 p.m. and 6 a.m.—I did not see any goods being removed from any of those places on any of those nights; if I had I should have reported it.
——MACKENZIE (Sergeant H.) I was on duty on October 11th and 12th. from 10 p.m. to 6 a.m. supervising Brown and Willis's work—I know the prisoner's premises in Crispin Street and Brushfield Street—I cannot say if I passed them on those nights—I did not. see any removing of goods: if there had been, a report would have been made to me. and then to my superior officer—I did not see any watchman opposite the prisoner's premises—no statement was made to me.
Cross-examined. I do not know if I passed down Crispin Street or not.
BARNETT SOLOMONS . I have carried on business at 307. Roman Road, Bow, for over twenty years as the Eastern Cheap Boot Stores—the prisoner is my cousin—I have dealt with him for about four years—I made a statement to Morgan; I said that I bought boots from the prisoner; those invoices (Produced) refer to the goods—I paid in cash; the amount is £46 9s. 4d.—the first lot of goods I bought on October 9th—I paid a deposit, and settled the account on Monday, the 13th—the goods were brought to my premises on the Monday by Lacomb—they were packed in cases open at one end—some of the boots wore in boxes, and some loose on top—I was inside the place when the van was loaded—I saw the chaps take the stuff out—no leather was put into the van, which I sent back to my shop when loaded.
Cross-examined. I had not seen the prisoner for years until I began to deal with him—I do not know any reason why he should say he did not know me.
JULIUS LACOMB . I am a hosier, of 43, Wentworth Street—I know the prisoner; he is my brother-in-law—on Monday. October 10th, 1002, I went to Barnett Solomons' boot stores: he gave me an order to get a van and go to the prisoner's place—I went and ordered a van—I do not know the name of the man I ordered it from—Harris Jacobs was the driver—we drove to the prisoner's place—we put some goods into the van in four open cases—I am sure there was no leather—I saw no money paid—I took the van with the goods to Barnett Solomons' shop.
JOSEPH FELDMAN . I live at 2 Almeida Road, Upper Islington, and am an agent to a firm of boot manufacturers: I formerly carried on business as.1. Barnard and Co. wholesale boot and shoe merchants—I know the prisoner—about July 4th. 1902. he had a conversation with my brother Ephraim—he is not here—I had two accommodation bill transactions with the prisoner: one fell due on October 7th—I accepted the bill from the prisoner; the other bill became due on November 7th: I met them both—about a
week before October 7th T and my brother want to see the prisoner to try and net the money; we were round there nearly every day—the prisoner said he had had a transaction with some people, and he was expecting some money. and would hand it to us as soon as it was settled—about November 9th he gave me this bill for £98 6s. accepted by,1. Magnus and Co. Bethnal Green Road—I eventually paid the amounts of the two accommodation bills—! had to meet them at my own bank—the prisoner ought to have found the money, but I did it—the bill for £98 s. was the subject of proceedings in the High Court—it was decided that the transaction was in good favour.
Cross-examined. The reference to Mr. Feldman in the prisoner's public examination means my brother Ephraim—I accepted the bill as a friendly act—my brother was then engaged to Miss Solomons.
FREDERICK CLAYDON . I am clerk to Messrs. Raphael and Co., solicitors, 59 Moorgate Street—I attended the Bankruptcy Court on January 8th, 1902. and searched the files of the debtor—I looked for the goods account supplied by him: I could not find it—ultimately the solicitor for the Treasury lent me a copy—I have extracted the items relating to the goods which the prisoner paid for during October, 1902. up to the 13th, and the total is £127 10s. 1d.: for July, 1902, the total is £2,005 17s. 10d., and for August £l.545 15s. 10d.
Cross-examined. I cannot say what it is for September; I have not had time to work it out.
CHARLES TREHERNE . I live at 40. Pentonville Road, and am agent for four houses in the leather and boot trade—prior to November, l.1903.'J, I was manager for Mr. Tyler, of Leicester—they are one of the largest firms in the trade, and have, I think, more than 100 branches—we frequently did business with the prisoner—I sometimes called on him two or three times a week—I have had nothing to do with him except in business—I have always found him straightforward in that—I remember the Black Fast in 1902—T was at Brush field Street and Crispin Street the day before it I think between 3 and 5 p.m.—I saw Miss Jessie and Miss Annie Solomons—I saw over the premises; they were in quite a normal condition—I fix the date by its being the day before the Black Fast—I saw a considerable quantity of poultry there, which they said was for the Black Fast—I said it looked like a good feast—I was there again on Monday, October 10th—I did not notice any difference in the premises—if there had been I should have noticed it.
Cross-examined. It may be three months ago that I was first asked to give evidence in this ease—I only bought from the prisoner—I only called at Crispin Street on the 13th; I know nothing about the condition of Brushfield Street on that day—at Crispin Street I went into the factory and the office at the back on the ground floor—that was about 9.30 or 10a.m.—it would be impossible for me to form an opinion of the amount of stock visible there—I would not estimate it without going into it—I have bought boots and shoes from him. but never leather—he could not sell me leather—I never knew he sold any: he never offered to sell me any—I have never seen any in his place—his goods were not necessarily made of leather—I
have done business with him for twelve or thirteen years—he never showed me a card with "leather merchant" upon it: he never said he could supply me with cardboard or thread: I had no need for it.
Re-examined. I never asked him to quote me the prices of leather.
CHARLES HEWITT . I am a wholesale boot and shoe dealer, of 44. Clapham Road—I have dealt with the prisoner for about six years—I have called at Brushfield Street and Crispin Street two or three times a week—I was there in October, 1002. before the bankruptcy—I do not know the date it was about a week or a fortnight after the Black Fast—I swore this affidavit on October 24th (Produced)—I did not look at the premises when I called; it was on October 13th—I went there afterwards—I did not notice any difference in the stock then—I did most of my business with Miss Annie Solomons.
Cross-examined. I am certain I was at the prisoner's premises a week before the bankruptcy—I cannot exactly say if I was or not—whatever is in my affidavit must be true; my memory was fresher then than it is now.
GUILTY . Three months in the Second Division.
Before Mr. Recorder.
YEO PLEADED GUILTY .
MR. WARDE Prosecuted.
ALBERT VICTOR QUERRY . I am a labourer, of 36, Fox Street, Canning Town—I have known Varney since we were boys together—Yeo had been engaged to the lady I married three years afterwards—on December 20th, about 11.30,1 was walking near Barking when Yeo overtook me and put his shoulder into me—I asked him what sort of a man he called himself—he said, "Just as good as ever"—he whistled, and Varney and Yeo's brother came up and started knocking me about the road, and I fell—Yeo first struck me—I got up and ran and was tripped up by one of them—I was sober—Yeo, his brother, and Varney kicked me about the head—one of them said, "Do him in"—I remember no more till I found myself at home in bed, where I was detained a week and seen by a doctor before I was able to charge them at the Police Court—they were arrested.
Cross-examined by Varney. It was not very dark when I fell; there was. a lamp at the corner—it was about 11.20 p.m.—it was at the corner of the road, opposite a Primitive Methodist chapel.
ROBERT FRISBY (11 KR.) About 11.40 on December 20th I was on duty in the Barking Road—from information I received I went to Mary Street, a turning off the Barking Road—I found the prosecutor lying groaning on the ground—I asked him what was the matter—he said, "They tried to kick me to death"—with two constables I conveyed him home—from information I received I went to 17. Church Street, and saw Yeo in bed—on entering the room he said, "All right, I know what you
are coming for"—I told him to get out of bed, and conveyed him to the station, where he was charged—he made no reply.
Cross-examined. The prosecutor gave me two names, Yeo and Varney, as I picked him up from the ground—the place was rather dark—it was about fifty yards from an electric lamp—about five or six people were round.
HERBERT FRANKLIN (221 K.) I am stationed at Plaistow—about 1.30 a.m. on December 21st I went to 24. Crawford Street, Canning Town, and saw Varney—I asked him if his name was Varney—lie said, "No, my name is John Brown"—I told him I should take him into custody on suspicion of being concerned with other men in assaulting a man in Mary Street—I took him to the station, where he said, "Is that all you want me for?"
HARRY AUGUSTUS DE BEAUVOIR NELSON . I am a registered medical practitioner, of East India House, East India Road, Poplar—on December 21st I went to 36, Fox Street, Canning Town, about 12.40 a.m.—I saw Querry on his bed groaning—he was not conscious, but was roused a little, though he did not know I was present—I found he had a big bruise on the upper part of his thigh, and one on his forehead, and an abrasion at the back of his left ear, and was sore and tender about the upper part of his skull—there were abrasions on his index and middle right-hand fingers, and the back of his right elbow was inflamed and swollen—from their appearance the injuries might have been caused by blows or kicks—the injury to the back of his head was dangerous—he was rendered unconscious—I was told it was about one and a half hours after the assault—he recovered consciousness between the first and second hearings at the Police Court—on account of the injury to his head I thought he ought to rest five days—he attended the Police Court on the following week—he is now out of my hands—he came to my surgery the Sunday previous to going to the Police Court, but could not afford to rest any longer.
Varney's statement before the Magistrate: "I have nothing to say, and no witnesses to call. I do not wish to give evidence myself."
Varney, in his defence, said the doctor said the prosecutor was unconscious, but that he told the constable when he got up that they had been knocking him about, and that it was after the public houses had closed.
VARNEY— GUILTY **† Five previous convictions were proved against him and he was said to be an associate of a dangerous gang of thieves. YEO. whom the police stated to be a violent man, and VARNEY— Four years' penal servitude each.
Before J. A. Rentoul, Esq., K.C.
MR. NOBLE Prosecuted; MR. WARBURTON Defended.
HENRY FOSTER . I reside in Preston Road. Stratford, and lam a seaman—I was one of the co-respondents in the prisoner's divorce proceedings in 1897—I went through a form of marriage with the prisoner on December
12th, 189S.'when she want under the name of Martin, and described herself as a spinster—between the pronouncement of the decree nisi and when I went through the form of marriage with her she said nothing as to the decree not having been made absolute—I knew that she wrote to her husband then—I went to South Africa in July, 1898—before I went she told me that the decree had not been made absolute—when I came back on December 5th she said it had been made absolute while I was away—she showed me a paper, which purported to come from her solicitor—it said that the decree had been applied for, and had been made absolute—she kept it—I lived with her till May, 1901—I was then living at Queen's Road, Custom House; then I went to South Africa, and came back in January, 1902—I went down to see her at Sedge Fen, in Suffolk, and found that she was housekeeper to Mr. Barrett, a man she has since married—I had had some information about her whilst away, and I went down to see if there was any truth in it—she said nothing to me about marrying Barrett—she told me then that her marriage with Redhead had been a legal one, but that he was dead—she told me in March, 1902, that the decree had not been made absolute—I know that she wrote to her husband, but she did not show me any letters—Redhead showed me a letter from the prisoner to him last Saturday, and I took it to Mr. Stern, the solicitor—it was in the prisoner's writing.
Cross-examined. I first found that the marriage was invalid about January, 1902—I am the person who gave information to the police—the only reason I can give for not having taken steps before December, 1903 was that I did not think I had any just cause to prosecute.
Re-examined. I did not attend at the divorce proceedings—I never saw the document she showed me again.
JOHN MARSHALL (Detective Sergeant.) I saw the prisoner at the Deal Police station on December 18th, 1903—I read the warrant to her, and she said, "Yes, I know"—I conveyed her by train to London—on the way she said, "Harry Foster has only done this for spite; he came down to Sedge Fen, and was at our house: we went to put up the banns, and he stopped behind to make the tea while we were away; I do not care what he is going to do; all I want to know is if our Gladys is all right; if I speak to Harry Foster in the morning he will look after it, and 1 shall see her again."
The prisoner, in her defence on oath, said that her husband had taken divorce proceedings against her, and that she did not defend them; that she was in Court when the decree nisi was pronounced, and thought that was the end of it all.: that she did not know until some lime in 1901 that it was necessary to wait six months for the decree absolute, and did not know the cause of that decree being stopped; that she had never shown a document to the prosecutor; thai she had never written to her husband since the divorce proceedings, and had only seen him once; that she first heard of her husband's death about two or three years ago from a young woman at Shadwell, named
Jane Graves who had seen funeral go by a shop, and on asking who it was had been informed that it was the owner of the a man named Redhead: which she dad not withy any inquiries, as she took it for granted he was deed; and that Foster, when in came down to see her in January, 1902 said, "Do you know Willie is dead." and that she had said yes that she was going to marry Barrett but cause she believed so; that she had never received any notice of the revision of the degree.
GUILTY Five days' imprisonment.
MR. WARUK Prosecuted; MR. ELLIOTT and MR. FITCH Defended.
WALTER PEARCE . I live at 39 Chance Square, West Ham, and am yard foreman to Henry Levin &-Co. Limited, of High Street. Stratford metal merchants—on December 23rd I saw some hags of copper shell and some ingots of lead at, plaistow Police Station, belonging to Levin & Company—I left our yard on December 16th at eight o'clock—I the last to leave—I fastened up the premises properly, everything being sat went there at 7 a.m. on the 17th—I found the buck gates and the warehouse door broken, and lend and copper shells missing; we did not know how much at the time—those were what I saw at the Police station—I have not the slightest doubt of that.
Cross-examined. We had about I tons of load on our premises—it was a mixture of antimony and load—it is in ingots—we have since weighed our stuff, and we are over two tons short—there is nothing to identify one ingot from another—I daresay other people have similar lead—I would not undertake to pick out our own ingots from others—when I say I identify the lead I mean it is similar to what we had and what others might have—the copper has a backing of white metal to keep it stiff—the stuff we had was in a barrel—we had one bag packed, and there is one bag the same as that at the station—T identifyt his (A piece of copper.) by the bag, not by the metal—there are, I suppose, a great number of similar bags in London—it is an old dirty bag, and has no name or distinctive mark.
Re-examined. I saw the bag that has been referred to on our premises: it was full of copper—the bag I saw at the Police station was full of copper—I saw it was the same bag.
By the COURT. What I say is that that bag is exactly similar to the ban that was on the premises.
FRED EARL . I live at 79, Northam Street, West Ham. and am a labourer in the employ of Levin, Limited—on December 16th I had to pack some copper in a barrel; there was a bit over, and I put it in a sack—I left them in the warehouse I have since seen the sack at the Barking Road Police station—it was full of copper shell—it is the same bag that 1 parked I tied the lug up after putting the copper in, and it was tied up at the Police station.
Cross-examined. We have some hundreds of bags on our promises—I daresay other have got hundreds too—I do not identify the copper.
By the COURT. I put the copper into the bag, and the copper and bag I saw at the Police Court are similar to the copper and the bag I handled.
ERNEST GEORGE BARNETT . I live at 20, Durham Road, Manor Park, and am secretary to Levin &. Co. Limited—I have seen the lead in the possession of the police—it is what we call antimonial lead—I identify it—it is of a peculiar composition—I have a piece here—it is an alloy of lead and antimony with a little zinc and arsenic, and it is run down from old British Army Government bullets—we bought the lead through merchants in Dalston—they purchased it from Woolwich Arsenal at one of the dockyard sales—I cannot swear that this is part of our lead, because I could find identical material elsewhere, I daresay—we had some 20 tons of it. and after the Police Court proceedings we weighed our stuff, and were minus about.3 tons—I daresay a dealer would give 9s. or 10s. a cwt. for this stuff on sight, but the value to us of the raw material is 15s.—as to the copper, the quantity we lost was about the same quantity the police found—it is peculiar, and you seldom find it at little dealers—large dealers would have large quantities—I should have no difficulty in swearing to it—a fair price to pay for this copper is from 12s. to 15s. a cwt.; we give 15s. for some and 20s. for other portions of the copper.
Cross-examined. This piece is about a fourth part of an ingot—I can-not identify it—this is about the same form that it would be purchased in—the people we bought this of had 30 tons more than we bought; we had about 50 tons altogether—I said before the Magistrate, and I repeat it now, that it would be exceedingly difficult to swear to the copper—it can be purchased freely—copper varies in value according to whether it is dean or dirty.
Re-examined. This piece of lead has the appearance of alloy of antimony—for all I know, this may have been a piece of our own lead.
ALBERT WESTWOOD . I live at 1, Collinson Street, Southwark, and am an electrotyper's assistant at 21. Camomile Street, with Messrs. Hudson & Robinson—I have seen some copper shell in the hands of the police—it was made by my employers—I identify it as formerly belonging to my thai—it went through my hands, and a certain amount was sold to Levin & Co.—I identify this copper because we are the only people that make it for the particular printers, Messrs. Alabaster & Passmore—we have a yearly contract for making it, and the plates are the catalogue plates of Messrs. Dickins & Jones.
Cross-examined. I am prepared to identify this, it being a boot-plate—I say this is "Dickins & Jones" and not "Every" on the top—I was shown some other plates at the Police Court—I identified those as our property, but did not swear to it—we had made some similar—I admit that there are plenty of people who have this sort of pictures of boots with the price underneath. and that sort of thing—it is about three mouths since we sold this.
Re-examined. I have no doubt that this copper shell is a portion of the copper shells that passed through our hands, and which wore sold to Levin's.
went with Sergeant Stevens and Sergeant Reed to the prisoner's yard in Edward Street, Canning Town—I saw some pieces of metal on the ground—I thought it looked like lead—I afterwards took it to the station—I hail a conversation with the prisoner's son on that occasion, and examined the premises—I found live bags containing copper shell and eight ingots of lead: three of them were broken up—that evening I saw the prisoner at 66, Edward Street, and asked him how he accounted for the lead and copper in the yard—he said he bought it from a man named Arnold, living in Star Lane—I asked him who Arnold was—he said he had never see I him before, and he could not give me the number of his place—Star Lane is not a very long street, about 100 houses—I have tried to find Arnold, but unsuccessfully—the prisoner produced a book to me and showed me the date, but did not say anything—no obstacles were put in my way in searching his premises.
Cross-examined. This is the book—the prisoner is not necessarily bound to keep any books—when I asked where he got the stuff, the son produced the book—the entry in the book shows that lead was bought on the 11th but I do not say this is the lead—if this is a true entry it could not be the same lead.
Re-examined. I have weighed the copper since; it is 6 cwt. 11 lbs; the entry in the book is 5 cwt. 2 qrs. 14 lbs.
FREDERICK STEVENS (Detective Sergeant.) I am stationed at Plaistow—on December 17th, at five o'clock, I went with Sergeant Hutton to Edward Street, and saw the prisoner—Sergeant Hutton asked him how he accounted for the metal there, and I took down his replies—he said, "A man giving the name of G. Arnold, Star Lane, no number, I had not seen before, came to me on December 11th, about 10 a.m.; he bought live or six bags of shell copper, weighing.3 cwt. 2 qrs. 11 lbs., for which I paid him 12s. a cwt.; at the same time he brought nine pigs of lead, for which I paid him 9s. a cwt. I asked him (Arnold) where he got it from; he said in the usual way of trade"—he gave a description of Arnold—the prisoner was taken to the station and charged with being in possession of this lead and copper—he said nothing when charged—I found no moulds or furnace on his premises.
Cross-examined. There are a number of entries in the book in order of date—I should say that it was not written up all at one time.
Evidence for the Defence.
JOSEPH HENRY STICKELLS . I live at 66, Gough Street, Poplar, and am a metal merchant and late brass founder—these plates of copper are very common—I think you can buy the copper from most metal merchants and printers—I produced some of mine at the Police Court, which was identified by Mr. West wood as his—the value of this stuff with the white metal off is from 10s. to £1—I could not identify any of it unless it was copyright, and I was a printer.
Cross-examined by MR. WARDE. I say the plates can be bought from Anybody in the trade: you can buy them sometimes from paper merchants—I dispute the accuracy of Mr. Westwood's evidence, unless he has got
anything copyright, such as a, hymn, a. song, or a book—the prosecutors thought some of my plates were theirs—I cannot identify any of it; it is all copper shell.
RICHARD HYMAN . I am a metal merchant, of 34, High Street, Islington—I saw a sample ingot of antimonial lead at the Police Court—it is sold at Woolwich Arsenal, being old bullets run down into ingots—I have myself bought it at the Arsenal—anybody who is a British subject can apply at the Arsenal, get a catalogue, and attend the sale, which is by public auction, and it is sold in this form of ingot—this, I think, is my ingot—I brought some this morning—it is impossible to swear it is mine.
Cross-examined. I cannot identify any of these ingots: they are all the same—I know a man named Wall—I do not know where he is.
JOSEPH COWELL . I am a sack merchant, of 16, Beaumont Square, Mile End—this is a Belgian potato bag—I should think there are millions of them in existence; I was offered 10,000 of them yesterday—it is impossible to distinguish one from the other—it is the cheapest bag made.
SAMUEL SHOULER . I am a rope maker, of 70, Fairfoot Road, Bow—I went to the prisoner's shop a fortnight before Christmas, on a Friday, to ask him about the price of old rope—whilst I was there a van came up outside, and a man came into the shop—I did not hear what he said—he brought some long lumps of stuff like this (Ingots of lead.) in his arms, also some loaded bags—I cannot say what they were.
Cross-examined. I sell old rope and new rope—I used to have a factory in Merchant Street, Bow; now the rope is made for me—I carried on the factory for about two years, and employed nine men—I have sold the prisoner, about two tons of old rope ends—I cannot fix the date as December 11th when the stuff was brought to the prisoner—I went to him to know what he would give for old rope, as I was clearing some customers out; also I asked him to buy a pair of scales—there was, I think, one horse to the van that drove up, and one man—I did not take much notice of what the man was doing—I think he carried in the stuff one at a time, judging by the weight—he put some bags on the floor—I did not stay till he had finished—it was about 10 a.m.—I stood there about ten minutes.
The prisoner, in his defence on oath, said that he remembered December 11th that a man pulled up with a ran and asked him to buy some metal; that he bought it, and that the entry in the book was correct, and was made at the time.
He then PLEADED GUILTY to a conviction of felony at this Court on September 10th, 1883. He was stated by the police to be a wellknown receiver of stolen goods. Five years' penal servitude.
Before Mr. Recorder.
166. ANNIE PERRY (20) PLEADED GUILTY to stealing a ring and other goods, the property of Alexander Beattie: also to stealing a watch, a chain, a ring, and other articles, the property of Harriett Elizabeth Laurenson: also to stealing £2. the money of Arthur Perry, having been convicted of felony at Greenwich Police Court on May 26th. 1902. Twelve months' hard labour.
Before Justice Ridley
MR. MAHAFFY Prosecuted.
KATE KELLY . I have at 40. Quinton on Road. Lee and am the prisoner's mother—he has not lived with me for twelve months—on December—29th he came to see me about 10.30 a.m.—he was drunk—he asked for some breakfast; he said he wanted some meat, and I told him to go and get his meat whore he got his drink—I want into the front room—he followed me. knocked me over, and began to cut my throat—the mark is there now—he said he had come to cut my throat I struggled my hands were cut—Maria Bevin came to my assistance the prisoner has come to me many times, and always spoke crossly to me—I have given him food pretty often—two years ago he threatened me—for two or three mouths he has been out of work, and when he has come to me—I have given him bread and butter for breakfast—he has only boon, in the house for breakfast, not at other times—I do not know where he lived—I had no quarrel with him—at the Police Court I saw what he cut my throat with—I was taken to the hospital.
MARIA BEVIN . I am married, and live at 23, Stanhope Street—at '9 a.m. on December 29th I went to the prosecutrix's house—at 10.30 the prisoner came in—his mother was out, but came in shortly afterwards—I was in the scullery, and heard them speaking together—I did not take any notice of what was said the first thing that attracted my attention was screaming—I listened at the back door I did not hear it there, so I listened at the front door, and I hoard it in the front parlour—I went in and saw the prisoner kneeling over his mother, who was lying on the floor—I see him strike her—I pulled him off—he had a knife which I took from him and threw down he said, "I mean to do it. I mean to do it"—he did not say what it was—I hold him back while his mother got up off the floor and went out of the room—she was blooding—I advised her to go to a doctor—I remained in the house, and about 12.45 p.m. the police came—the prisoner stayed in the house till they came—he did not wish to go away—he was the worse for drink—from 1O.30 to 12.45 he was sitting in the kitchen.
WALTER WEYMAN (452 R) About 1.15 p.m. on December 29th I went with another constable to 10. Quiuton Road, Lee—in the kitchen I saw the prisoner and Bevin she spoke to me I asked the prisoner if he heard what she said, and he nodded his head—n was similar to what she has said to-day—he said, "What the woman said is the truth, and I am willing to go to the station"—on the wav he said, "If I had my way with her I would shoot her"—I asked Bevin for the knife, which she produced and said she had cleaned it (Produced)—it is a table knife, and has a notch at the point—
the prisoner had boon drinking, but he was sober—he drunk a glass of beer in my presence before I could prevent him—there was a bottle on the table—he wanted some more, but I would not lot. him have it—he appeared to know perfectly well what he was about—I heard of this a few minutes before I want into the house—I met the other constable going there with a man who had called him.
HARRY GUEENWOOD (94 R) On December 29th the prisoner was brought to the station about p.m.—I then went to 40, Quinton Road.—in the front room, on the rug and in the kitchen and passage. I found a quantity of blood—I went to St. John's Hospital, whore I saw the proseeutrix in bed, badly wounded—in consequence of what she said I charged prisoner—in reply he said, "Can I have bail?"
EVAN OSMAN WILLIAMS . I live at 40, Quinton Road—I was not their in the morning of December '20th. but in consequence of information I received at my shop I went there about l.:0—on my way I sent for the police-at the house I saw the prisoner sitting in a chair—I asked him what he had done it for—he said, "I have done it; I would have killed her she is hard on me, and you are hard on me; I am tired of walking about the streets"—I think he said I was hard on him because I objected to him being in the house, as he was a source of trouble and annoyance.
FRANCIS RICHMOND . I am house surgeon at St. John's Hospital Blackheath—on December '20th the prosecutrix was admitted about 11.'30 a.m.—I examined her; she was suffering from shook; she had ten wounds on her loft hand, two on the left of her neck, and one on the right; they were not immediately dangerous to life, because they had stopped bleeding then—I have seen this knife; in my opinion the wounds could have been caused by it—she was in the hospital about twelve days—the deepest part of the wound on the loft of her neck was half an inch, and it was '2? Inches long—the wound on the right of her nock was just under the jaw bone; it was quite superficial—the one on the left side want round the posterior angle; it was not near any dangerous vessels; the wounds on the hand were quite superficial: I think they were inflicted while she was defending herself.
Prisoner's defence: "I was drunk when I done it. I had been drinking all the Christmas time and before Christmas."
GUILTY on the Second count. The police stated that he had been twice convicted of drunkenness and once for stealing fodder. Five years' penal servitude.
Before Mr. Common Serjeant.
MR. WILLSON Prosecuted; MR. PERCIVAL HUGHES defended Jackson.
WILLIAM STRONACH LOCKHART . I am a civil engineer, of 67. Granville park. Blackheath—on January 2nd, about 1.30 a.m. I was sitting in my dining room reading—I heard small noises every now and then, but did
not move for a little time—I put the light. out and went out very quietly into the hall and listened—I took up a club and my police whistle—I saw my breakfast room door open slowly, and saw the shadow of a man—I slipped back on to the landing, so that I was not seen, and heard whispering and shuffling of feet, and then I undid my front door and blew my whistle—I heard a bell ring below—I went down the stairs and found the garden door open—I saw the prisoners very nearly at the bottom of the garden—I went after them and got between them—Jackson sprang over the fence into the next garden, just out of my reach—I was very close to him—Jones was the other—he was in front of me—I aimed a blow at his head with the club—he could not get. over the fence, so he ducked his head; my blow fell on his shoulder, and he took a header over the paling on to the railway line, which is at the bottom—he fell all of a heap about 8 feet below me and 3 or 4 feet out—I saw his face very well—I saw the other man's side face as he went over the paling on one side—it was a cloudy night, but the moon was very bright and nearly full—I then returned to my house and found the upper part of the breakfast room window wide open; the sash fastening had been drilled out on both sides, so that it was loose, hanging by a few fibres of wood—on the table was this brace and screw driver and this box of matches—several of my electro-plated things had been taken oft the mantelshelf and put on the table, and a cupboard had been rummaged, and various things taken out and spread on the table—I saw the I prisoners about 7 a.m. the same morning at the Police Station in a row of men and picked them out.
Cross-examined by Jones. I saw the man's side face very well when he fell over on to the line as I came up to him—the blow I struck at him would not make a mark, as the club was very light and the head of it broke off—I say the man fell: he was making his way as best he could—he went over head foremost.
Cross-examined by MR. HUGHES. The men hurried very much out of the house—it surprised me I got up to them so quickly—at the Police Court, when I picked them out. I said, "To the best of my belief, these are the men I saw in my garden"—I had no doubt—these matches are not in use in my house—they are called *' Piano Brand"—Jackson hopped over the fence before I could reach him—the other man was closer to me.
Re-examined. The fence that Jackson got over was about 3 feet high—I could quite well see him after he got over.
WILLIAM WIGGINS (14 R.R.) On January 2nd, about 2.30 a.m., I heard a whistle blown—I was about a quarter of a mile away—I ran towards the prosecutor's house—on the way I met Gully—we went together to the prosecutor's house, and from what we were told we ran along the railway line—we listened, and it being a calm morning, we could hear footsteps—on looking down the road we saw in the distance two men walking hurriedly along—we followed into Blackheath Village, and there overtook the two prisoners—we stopped them and told them that we should detain them on suspicion of having broken into a house in Granville Park—Jackson replied. "I know nothing about it"—Jones said, "Nor do I"—I said, "What are you doing here at this time of the morning?"—
Jackson said, "Looking for work," which was afterwards repeated by Jones—I said, "It is a strange time to be looking for work"—Jackson replied, "Yes, we've been mooching about; we came from Lewisham, and to there from Bromley; I slept there last night"—I took Jackson into custody, and Gully took Jones to the station, where they were detained.
Cross-examined by Jones. We caught you about half a mile from the prosecutor's house—when we first saw the two men they were about a quarter of a mile away—you were walking very hurriedly, I do not say running.
By the COURT. There is no doubt these are the two men—we never lost sight of them—they were arrested about 2.45.
Cross-examined by MR. HUGHES. We were following them for a quarter of a mile at first—we walked hurriedly to try to get up to them without being observed by them—the conversation about looking for work was with Jackson—I am not sure that Jones heard it—when they became aware that we were behind them they did not attempt to run away, they had no chance.
JOHN GULLY (R.R. 48.) I accompanied Wiggins in pursuit of the prisoners—I arrested Jones, and I asked him what he was doing there at that time in the morning—he replied, "Looking for work"—I said I should take him to the station and detain him on suspicion of breaking into a house at Granville Park—he replied, "I know nothing about it"—they were walking very fast when we overtook them.
Cross-examined by MR. HUGHES. We were about a quarter of a mile from the prosecutor's house when we saw these men on the high road, and we followed them for another quarter of a mile before we arrested them—we got as close as we could to them before we made a rush at them—they did not begin to run, nor did they throw anything away that I saw.
Re-examined. I had silent boots—the men did not appear to hear me.
CHARLES MORGAN (Police Inspector R.) On January 2nd, about 3.15 a.m., the two prisoners were brought in—I searched them—on Jones I found this knife with a blunt edge, this box containing matches, and this large carpenter's basket, which was round his loins under his trousers—the box of matches is identical with one found on the prosecutor's table—they are a particular brand called "Piano"—they are not sold in that neighbourhood at all—nothing was found on Jackson—Jones said he was a painter, and Jackson a carpenter—I was present when the prosecutor picked the prisoners out—there were seven other men in a row—the, prosecutor was taken into the charge room, and the prisoners asked that they might turn round—they did so. with their backs to him—then they turned round, facing him again, and he said, "Those are the men"—I requested him to touch them: he did so.
Cross-examined by MR. HUGHES. The other men were labourers principally, men going to work—there was no hesitation about the prosecutor's identification.
CHARLES PHILLIPSON (Detective R.) About 3.45 on the morning in question I went to the prosecutor's house with a box of matches and a knife which the inspector handed me at the Police station—I found the
prosecutor's side gate open—I went to the rear of the house and saw that the catch of the breakfast-room window had been cut out with a brace and a bit—the wood with the catch was just hanging to the window—the marks on it correspond with marks on the knife found on Jones—I searched Jones at the station—his hand was bleeding, and looked bruised—I asked him how he came by his injury—he said, '* I did not get that in the garden," and then stopped short—I then took him to put him in a cell, when lie said, "I am giving the game away to you."
The prisoner Jones. That was the detective's remark, not mine.
Cross-examined by MR. HUGHES. I did not caution the men before I asked them questions.
Jones, in his defence, said that if he had been struck and had fallen he must have had dirt and mud on him; that there were no marks on him; and that when they were arrested they were in Blackheath Village on their way to Woolwich to see if they could find work.
They then PLEADED GUILTY to previous convictions; Jones at St. Mary, Newington, on September 10th, 1899, in the name of William Gill, and Jackson at this Court on February 9th, 1903, in the name of James Jackson. A large number of convictions were proved against Jones.
JONES— Seven Years' Penal Servitude.
JACKSON— Five years' penal servitude. THE COURT commended the conduct of the police.
Before Mr. Recorder.
MR. PASMORE Prosecuted.
MARY FRASER . I am single, and work in a market garden—on December 18th, at 8.30 p.m., I was with the prisoner—he asked me to go with him for a walk—he asked me for 30s. to buy a wedding ring—I gave it to him—he said he would return me the money when he married me—I met him again before Christmas—we were walking by the White Hart, Barnes, about 8.30 p.m.—he asked me to go inside a field—he asked me to sit down—I said, "No, the grass is wet"—he got me on the grass and put his hand into my pocket and stole £2. and then had connection with me without my consent—I had had to do with him twelve months before—after he had taken the £2 he went away, and I did not see him again till Christmas Day. when he was drunk—I met him about nine o'clock on another day and asked him for my money—he said he had not got it. upon him—I met him again and said, "If you don't give me back my money I will summon you"—he knocked me on the head and said if I did not clear out of his sight he would knock my head off—I said, "I won't clear out of your sight until you give me my money back"—I did not get it back—I told a policeman, and he was given into custody.
FREDERICK SANGSTER (208 V.) On December 30th I received some information and a description of the prisoner from the prosecutrix—I arrested the prisoner that morning—I have, made inquiries about the prosecutrix's character—her late mistress says you cannot believe a word she says—I have seen her about the streets with men—I told the prisoner I should arrest him for stealing £2 from Mary Fraser—he said he did not know her or anything about any money—at the station he said to the prosecutrix, "Fetch your witnesses and prove it"—I do not think the prosecutrix has more than one name—the prisoner said he had only spoken to her three or four times—he works for the Barnes District Council. and I believe he is a hard-working man.
At the suggestion of the RECORDER, the Jury returned a verdict of
NOT GUILTY .
Before Mr. Justice Ridley.
MR. MATHEWS and MR. BODKIN Prosecuted.
GUILTY. The Jury asked that the prisoners should be dealt with as leniently as possible, as they considered Rebecca Mitchell was an accomplice. The police staled that both prisoners drank heavily, and that Lardent had been convicted of receiving stolen property on December 19th, 1899, at the South London Sessions. Five years' penal servitude each.
Before Mr. Common Serjeant.
MR. PARTRIDGE Prosecuted.
FRANK SMITH . I am a barman at the Sir Sidney Smith, Chester Street. Kennington—on Wednesday, December 9th, about 8.30 p.m., I served the prisoner with a bitter and a packet of cigarettes, price 2 1/2 d.—he tendered this half crown—I gave him change—I put it on the till—I found it was bad—I suspected it directly he went out—I gave it to the governor—on Wednesday, December 16th, a week later, I was sent for to come down stairs from my rest, into the bar—I saw the prisoner there, who looked at me and immediately ran out of the house—the governor and I chased him—the governor blew a whistle—Sergeant Bower stopped him 100 to 250 yards off in Golden Place—the sergeant fell on top of him as I came up—he was taken to the station with my assistance.
Cross-examined by the prisoner. The till is Cox's patent, where only coins of one kind are put in one place, and the change accounted for—there was only one half crown in the till—I am positive you are the same man who came on the two occasions—both the governor and I noticed you—you did not use violence—I did not see you in the house between December 9th and 16th.
ALFRED BLOW . I keep the Sir Sidney Smith—I first saw the prisoner in my house on December 9th—he went out—afterwards my barman handed me this half crown—I examined it and found it was bad—the following Wednesday the prisoner came in with another man—I served them with two glasses of beer—I recognised the prisoner and said, "You are the man who was here a week ago, and passed a bad half crown to my barman"—he called me a liar—I said, "I have not made any mistake: I could pick you out of 500"—he said, "If I did pass a bad half crown I will give you a good one for it"; then he put a 2s. piece and a (6d. on the counter; good money, I believe—I sent for the barman—I said to the prisoner, "I shall detain you; I am positive you are the man"—he said, "I have been away to Chatham a fortnight, and have just come back"—I bolted him in the bar, and while standing with my back to the door, preventing his going out, he dashed through the partition door into another bar and into the street—I ran after him, raised a hue and cry, and blew my whistle—a policeman stopped him about 200 yards from the house—if he had run another fifty yards I could not have detained him—the sergeant caught hold of him—he went on the ground.
Cross-examined. You were not in my house between December 9th and Kith—you did not resist in a rough way.
CHARLES BOWERS (17 L.) On December 16th I was on duty in Golden Place—I heard a whistle—I saw five men running after the prisoner—I gave chase and caught him—we fell together opposite 24, Golden Place—in about two minutes the barman and the landlord came up—the landlord said, "This man has passed me a bad half crown"—the prisoner said, "If you wanted me why did not you have me on Sunday, when I came in. you have made a mistake"'—I took him to the station, searched him there, and I found—is. and 1d. good money upon him—other money was brought to the station within five or ten minutes—one person brought five florins, another thirteen, and another one, all bad—in all, these thirty coins were brought—they were shown to the prisoner—he said, "You did not find them on me"—on the remand, Routley, a coffee stall keeper, made a complaint—the prisoner was identified.
Cross-examined. You struggled with me on the ground, but I was on the top of you—you were working your hand about when running.
Re-examined. He had passed No. 22 when I caught him.
EMMA MILLS . I live at 12. Golden Place, Kennington—on December 16th, about 8.-15 p.m. I heard a whistle—I saw the prisoner running, followed by a police sergeant—both fell by 26, Golden Place—after they had gone to the station I looked and found this florin in the gutter outside 24, Golden Place—it looked dull—I saw it was bad—I brought it to the station and gave it to the sergeant.
Cross-examined. I did not see you throw anything away.
ADA WEATHERHILL . I live at 22, Golden Place—about 0 p.m. on December 16th I found these thirteen bad florins near our house, in the gutter outside No. 24—some were wrapped in newspaper and some loose—I handed them to Bowers—from the Sir Sidney Smith a person would pass 24. Golden Place to get to No. 26.
Cross-examined. I did not see you.
FRANK DRUMMOND . I live at 17, Golden Place—Mills lives at No. 12 on the same side, and Weatherhill at Xo. 22 on the other side—coming from the Sir Sidney Smith, one would reach No. 18 on the right, first—the numbers run up one side and down the other—No. 26 is on the left—about 9 p.m. on December 16th I was in doors, heard a whistle, and ran to the door—I had no boots on; I ran back and put them on—I saw them bringing a man down the street—I went out in the street and picked up these ten florins outside No. 24—I took them to the Sir Sidney Smith, and then to the police station, and gave them to the sergeant—some were in a packet, and some were loose.
ALFRED HARRIS . I live at No. 25, Golden Place—coming from the Sir Sidney Smith, you first reach No. 17 on the right, and on the other side No. 20, and then 21, and so on to 30—24 and 12 are on the other side—26 is next to ours—I picked up these five florins outside No. 24—four were in paper—a friend of my father took them to the station and then came back for me—when I told the sergeant at the station that I picked them up outside No. 24 the prisoner said that the policeman told me to say "No"—the Sergeant did not tell me what to say.
HENRY ROUTLEY . I live at Hallett Street, New Kent Road—I am an attendant at a coffee stall—on December 16th, about 6.15 a.m., I served the prisoner with half an ounce of shag, price 2d.—he tendered this florin, for which I gave him the shag and 1s. 10d. change—I put the coin at the back of the counter—there was no other coin there—I turned to look at the coin soon afterwards, because he had turned away so quickly—he hardly gave me time to put it in his hand—I examined the coin and marked it—I complained to the police and gave a description of the prisoner—the following Wednesday, December 23rd, I recognised him at the Lambeth Police Court.
ARTHUR WOOLLARD (Police Sergeant L.) In consequence of a complaint made by Routley, I got together about thirty men from whom he picked out the prisoner at once—he was then charged with passing bad coins—he made no reply—this is Routley's coin.
WILLIAM JOHN WEBSTER . I am Inspector of coin to His Majesty's Mint—these twenty-nine coins are all bad, and from the same mould—another one produced is from the same mould—I have seen forty turned out from one mould—you could not produce hundreds from the same mould.
The prisoner's statement before the Magistrate: "I was in the corner of Tracey Street, on the 16th inst., on my way home to 22, Tracey Street, when I met a friend and had a drink with him, and the publican said I had been there a fortnight before with a bad half crown, and I said it was a lie. I have witnesses to prove I was in doors at the time."
Evidence for the Defence.
Monday nights—he went out in the day—he left about twelve on Wednesday—I kept him there to wash his handkerchief and make him look clean—he came in about two o'clock and went out about six o'clock, and I knew no more till a gentleman came at night—at 8 a.m. on Wednesday I asked him to have a cup of tea—he was lying on a couch in my room.
Cross-examined. He does not live with me—he comes in occasionally—he was arrested about 9 p.m.—I saw the police at my door—I said I had no knowledge of his movements; I was in such confusion I hardly know what I did say—I might have said he was only there on the Monday night with a few friends—I said he was there on Monday night—I did tell the police that—I do not remember saying such a thing.
CATHERINE CHARLOTTE WRIGHT . I live at 22, Tracey Street—I am single—I am the prisoner's sister—I do not know where my brother lives—I know he came home just before Christmas, on December 15th—I live with Elizabeth Wright—he first came on the Saturday night—he went away on Wednesday morning about twelve—he stayed all night—I last saw him about six on Wednesday night—I saw him all that morning.
Cross-examined. My mother and I live in one room—he stayed in the same room—we had the friends on the Tuesday night—my brother stayed all night and left at twelve Wednesday—we had friends three nights; a party of four or five—they called on different nights, they did not stay—I was there when the officers came—I forget what they said—I was not examined before the Magistrate—I told the officers the truth as far as I knew—I cannot be sure what I told them.
ARTHUR WOOLLARD (Re-examined.) I saw both the last witnesses with Bowers on December 16th, about half an hour after the prisoner was charged—I said, "I believe you have a son named Albert Wright"—they said, "Yes"—I said, "He has given an address here"—the mother aid, "He does not live here; we know nothing about his movements, but he came here on Monday night last; we had a small party, a few friends, and he slept here for the night"—the girl said, "That is so"—the mother said, "He called here about 12 o'clock and stayed about three hours"—that would be Wednesday—she said that he then left, and "I have not seen him since"—she said nothing about the other days.
The prisoner, in his defence on oath, said that he had drink with a convict connected with counterfeit coin, who had worked with him, but knew nothing about the bad money, and that he did not pass the coin to the coffee stall keeper.
GUILTY .** Fifteen months' hard labour.
MR. WILKINSON Prosecuted.
JAMES GODING . I am a general dealer, of 91, Red Cress Street, Borough—on December."30th, about 10 p.m., I served Reid with one pennyworth of tobacco—he tendered this counterfeit shilling, which is similar to one
I took two days before—I told him it was bad, and I should give him into custody—I sent for a constable and charged him—about 12.30 the same night Emney came in and said, "What has that kid been doing you were going down the Borough with?"—I said that he had been trying to pass a bad coin on me, and that I had given him into custody—he said, "You ain't going to.pros, are you?" meaning that I was not going to press the charge—I said I should because I had so many; I had had several within about three weeks; then he went away.
Cross-examined by Reid. You stopped there and said, "You can send for as many constables as you like"—if you had tried to get away I should have stopped you—I said the coin was bad, then walked round the counter in front of you, and then said I should send for a constable.
ALBERT HATTON (9 M.R.) I was called into Mr. Goding's shop on the night of December 30th, where Reid was detained—I asked him where he got the coin from—he said, "I got it from a paper seller at London Bridge Railway Station; I asked him to lend me a shilling"—I asked for the paper seller's name and address—he said he did not know him—I searched him, but I found nothing else on him—Goding gave me the counterfeit shilling.
WILLIAM DAVIS (Police Sergeant M.) On December 13th I was in Union Street, Borough, about 7.30 p.m.—I saw the prisoners with two others—as I passed Reid said, "There he is"—I turned round—Reid stopped—the other three walked on towards Southwark Bridge Road—Reid joined them—I followed—about 9.30 p.m. I met Reid with one of the others and Emney in the Borough High Street—I stopped them, and told them they were acting somewhat suspiciously, and I could take them into custody as suspected persons—Reid said, "Oh, don't do that, Mr. Davis."
Cross-examined by Reid. I did not say "I'll be wicked to you when I get you at the other end."
Cross-examined by Emney. You were one of the four—I know you well—that is not the first time I have seen you.
HORACE CASELTON (Detective M.) On January 1st I was in the Borough High Street with Sergeant Pusey about 8 p.m.—I took Emney into custody—I told him we suspected him of having, counterfeit coin in his possession—I searched him—in the breast pocket of his overcoat I found these ten counterfeit shillings wrapped in Lloyd's newspaper—I said, "It is for you to account for having this coin in your possession; how did you come by it?"—he said, "I picked them up in the Borough last night; that is all you will get out of me"—I took him to the station—on being further searched I saw Pusey find this other shilling—he was asked to account for that—he said, "I have told you once I picked them up in the Borough last night: I will tell you no more"—I heard Reid's account at the Police Court as to how he was in possession of the shilling he was uttering—in consequence I made an appointment with him just after 6 p.m. on December 31st, at the London Bridge approach, for him to point out the lad he alleged gave him the shilling—he did not keep the appointment—the next night, about 7.30 p.m., I saw him in the Acorn coffee
shop. Union Street, Borough—I called him out and told him I wanted to speak to him he said,: I do not want to speak to you"—I said, "Why did not you keep that appointment that you made?"—he said "I never made any appointment" I said, "Yes. you did, and you promised to point out tins lad from whom you got the shilling"—he said, "No, I did not, because I do not know him"—I said, "you told the Magistrate you would know him. and you had hotter come to London Bridge now and see if you can find him"—he said, "I shan't come up there with you. because I do not know him: oven if I did. he has hopped it."
GUILTY . The Jury recommended EMNEY** to mercy on account of his youth — Eighteen months' hard labour.
REID— Twelve months' hard labour ,
175. WILLIAM DEED** (26) PLEADED GUILTY to burglary in the dwelling house of George William Turner, with intent to steal, having been convicted of felony at the Guildhall. Westminster, on November 27th. 1897. Fire years' penal servitude —
MR. HUTTON Prosecuted.
GUILTY .* Twelve months' hard labour.
MR. HUTTON Prosecuted; MR. TEMPLE MARTIN Defended.
The COURT considered that there was no corroboration, and directed the jury to find a verdict of
NOT GUILTY .
Before J. A. Rentoul. Esq., K.C.
MR. ARTHUR GILL Prosecuted.
FREDERICK SANKSTER (208 V.) At 6.30 on December *26th I was at Sheen Lane. Mortlake my attention was attracted to the prisoner, who was very drunk he butted a lady on the shoulder and knocked her in the roadway I asked him why he did so, and he said, "I will b——well show you"—he made a rush at mo. and I closed with him—we both went to the ground—Dominey came to my assistance—we arrested the prisoner, and on our war to Barnes Police Station he tried to throw us under a
bus—he made a kick at Dominey. saying, "I will kick your f———guts out"—Dominey stopped the blow with his hand—on getting to the station he said, "If I got time for this I will b——well murder you when I come out."
CHARLES DOMINEY (55V) On the evening of December 26th I saw the prisoner and Sankster in Sheen Lane. Mortlake, struggling together—I want to his assistance—Sankster said, "I am going to take this man into custody for being drunk and disorderly"—the prisoner clutched me by my throat and tore all the buttons off my big coat except one—he said, "It will take all the b——policemen in Barnes to take me"—on the way to the station he saw an omnibus, and said, "I will put you two f——under that bus"—he tried to throw us under it, and in the struggle I got on to my knees—he said, "I will kick your f——guts out." and he kicked at me—I caught the blow on my hand—it rendered my hand useless for some time—on getting near to the station he said, "I am going to have another f——try for it," and kicked me on both logs—he said, "If I get time for this I will b——well murder you when I come out"—I was treated by the divisional surgeon, and am still on the sick list—my finger was very much bent and swollen—it is painful and stiff, and I cannot move the joint, as it has set—it will never be straight any more.
WILLIAM STOCK . I am surgeon to the police at Barnes—I was at the station when the prisoner was brought in in custody by the last two witnesses—Dominey was in an exhausted state and covered with mud; all the buttons on the right side of his coat were torn off except one—he complained of an injury to his hand, which appeared to be useless—Sankster was also exhausted—the prisoner was very violent, and used fearful oaths to the warder—I had great difficulty in keeping him quiet—he said he would murder Dominiy for having arrested O'Brien, who had been taken into custody about an hour and a half previously for assault.
By the COURT. The prisoner was getting over the effects of the drink about that time.
FRANCIS GRAHAM CRUICKSHANK . I am divisional surgeon of police—on December 26th, about 9.15 p.m. I examined Dominey at my house—he was shaken and flurried—the last joint of the third finger of his right hand was bent, swollen, and reddened, and it was obviously painful—he was unable to move it: I treated it—I saw him again on several occasions. and again to-day, and there is a certain amount of improvement—he tolls me that he is still suffering pain, and I have every reason to believe him: there is still redness and swelling, and he cannot yet move that joint—I do not think he will over be able to use nor straighten it.
By the COURT. He is as efficient as an officer can be who has a straightened linger—he drew my attention to some abrasions on his shins.
Prisoner's defence: "I came to Mortlake to spend Christmas, and I made a lot of friends: I got under the influence of drink; a constable came up and arrested me when I was drunk; I do not know what took
place: I am very sorry: I have boon living in England for over there years, and have never boon arrested before. and yet never gave any trouble with constables."
GUILTY . Judgment respited.
RANDALL PLEADED GUILTY .
MR. BEARD Prosecuted; MR. PURCELL. defended Randall. ALFRED COLLINS (Detective V.) On December 14, at 8 p.m., I saw the prisoners in High Street, Tooting—Jessop was carrying a pair of boots, partly exposed, under his arm—I asked him whore he £of them from, and he said, "Randall gave them to me"—Randall said that he had bought thorn in Battersea—I took both prisoners into custody—I subsequently found that the boots belonged to Mr. Coleman, of Wimbledon—I have seen the prisoners frequently together.
RICHARD COLEMAN . I am a boot maker, of 34, High Street, Morton—on December 14th, at five o'clock. I missed a pair of boots—these boots (Produced) were subsequently shown to me—I knew they were mine, because I have a pair exactly like them.
Jessop. in his defence, said that he was not guilty of stealing the boots; that Randall had told him that they were his, and that he was going to pawn them for him; and that he was drunk at the time.
RANDALL then PLEADED GUILTY** to a conviction of felony on September 3rd, 1888, and another conviction was proved against him. Several convictions were—proved against JESSOP but not since 1899**† To enter into their own recognisances in £10 each.
ADJOURNED TO MONDAY, FEBRUARY 8TH, 1904