CENTRAL CRIMINAL COURT
SIXTH SESSION, HELD MARCH 21ST, 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.
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On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, March 21st, 1904, and following days.
Before the Right Hon. SIR JAMES THOMSON RITCHIE , Bart., LORD MAYOR of the City of London; the Hon. Sir WILLIAM GRAMHAM, Knight, one of the Justices of His Majesty's High Court; Sir JOHN WHITTAKER ELLIS, Bart., Sir DAVID EVANS , K.C.M.G., Lieut.-Colonel Sir HORATIO DAVIES , K.C.M.G., M.P., Aldermen of the said City; Sir FORREST FULTON, Knight, K.C., Recorder of the said City; Sir WILLIAM PURDIE TRELOAR, Knight, THOMAS VEZEY STRONG , Esq., and DAVID BURNETT , Esq., other of the Aldermen of the said City; FREDERICK ALBERT BOSANQUET , Esq., K.C., Common Serjeant of the said City; and JAMES ALEXANDER RENTOUL , Esq., K.C., M.P., LL. D., Deputy Judge of the City of London Court, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court,
CENTRAL CRIMINAL COURT
RITCHIE, MAYOR. SIXTH SESSION.
A star (*) denotes that the prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger () that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, March 21st, 1904.
Before Mr. Recorder.
286. ALFRED ERNEST BIGGS (20) PLEADED GUILTY to stealing, whilst employed under the Post Office, a post letter containing postal orders for 20s. and 7s., the property of the Postmaster General. Six months hard labour. —
(287.) HAROLD ERNEST RISLEY (28) , to stealing, whilst employed under the Post Office, a letter containing a half sovereign and a half crown, the property of the Postmaster General. [Pleaded guilty. See original trial image.] Nine months' hard labour.—
(288.) THOMAS McMULLON (54) , to forging and uttering, knowing them to be forged, accountable receipts for £341 8s. 4d., £15 10s. 5d., £266 18s.; also to embezzling a cheque for £110, the property of Butterworth Brothers, New Zealand, Limited, his employers; also to unlawfully and wilfully falsifying and making false entries in certain books, the property of his said masters. It was stated that the prisoner's defalcations were £8,000. [Pleaded guilty. See original trial image.] Three years' penal servitude. —
(289.) CHARLES RANSOM (42) and JAMES SAUNDERS (34) , to breaking and entering the dwelling house of John McCubbing, and stealing therein a pair of gloves and other articles his property; SAUNDERS also to breaking and entering the dwelling house of Thomas Mark Chambers Hunt and stealing two watches and other articles, his property. (Set Vol. cxxxii., page 747.) [Pleaded guilty. See original trial image.] Twenty months' hard labour each. —
(290.) CHARLES OWEN TRILL (30) , to stealing £50 belonging to Emile Collomb and himself as joint beneficial owners; also to inducing Emile Collomb to sign his name to a paper in order that the same might be converted into a valuable security, with intent to defraud; also to feloniously marrying Mary Gill, his wife being alive; having been convicted of felony at Lewes on November 29th, 1897. [Pleaded guilty. See original trial image.] Two other convictions were proved against him. Nine months' hard labour —
(291.) ALFRED PARISH (19) , to stealing a bag, a ring, and £11 10s., the property of Ursula Smith, from her person, having been convicted of felony at Clerkenwell Sessions on January 20th, 1903. [Pleaded guilty. See original trial image.] Twenty months' hard labour.
(292.) FREDERICK GRAY (28) , to unlawfully and fraudulently converting to his own use and benefit £16 5s. 6d., entrusted to him in order that he might apply it towards the passage money of William John Dodd to South Africa. [Pleaded guilty. See original trial image.] Eighteen months hard labour. —And
(293.) HENRY LYONS (17) , to unlawfully attempting to have carnal knowledge of Phœbe Vilonsky, aged five years; also to indecently assaulting her. [Pleaded guilty. See original trial image.] Eighteen months' hard labour.
MR. JENKINS Prosecuted.
JOSEPH BEACH . I am a watchman at George Yard, Whitechapel—on March 5th I was passing through George Yard between 11.45 and 11.50 a.m.—I was going to a grocer's shop to get some bread and cheese—three men met me—they passed by and then put their arms round my neck—a hand was put over my mouth, one into my pocket, and 3s. or 4s. and six keys were taken out—I cannot recognise the men—after they had gone I called out—the men ran away—I did not see anybody running after them—I went to the hospital to have my eye treated—I do not know how it was injured—it is getting all right now.
Cross-examined. I was not kicked or anything of that sort—I had a stab in my eye.
By the COURT. I was thrown to the ground.
FREDERICK SIMMONS . I live at 21, Nicholas Street, New North Road, Hoxton—on March 5th, about 11.45, I was passing the end of George Yard—I see Mr. Beach come running up, calling for the police—I knew him before—I see three men running away—I kept a good look on them—I recognised as far as I could discern the two prisoners—I did not know them before—I ran after them for thirty or forty yards—they ran down the road and turned up Flower and Dean Street, then I lost sight of them—I next saw them at the police court—I was asked to identify them from nine or ten men—I picked out Williams first and then Parks.
Cross-examined by Williams. I saw you running away from the prosecutor after the robbery.
Cross-examined by Parks. I told the Magistrate that I picked you out after a little hesitation—I had a good look at you—I only had a doubt as regards the overcoat—you were not wearing one at the time of the robbery—I am almost sure I saw you running down the street.
WILLIAM BROGDEN (Sergeant H.) On March 13th I was at the police station when Simmons came in to identify the men in this robbery—there were twelve or thirteen men present—Simmons picked Williams out first—he had no hesitation about him—he stood in front of Parks for about a minute hesitating, and finally said, "That is the second man"—Parks had an overcoat on then—neither of the prisoners made any reply when they were identified—I had arrested them about 12.30 a.m. on the 13th in Brick Lane—I said, "I am going to take you into custody on suspicion of being concerned in highway robbery on the 5th and the 10th—I did not then say who was the person robbed—I said he was an old watchman-about forty-five minutes after the identification the
prisoners said they wished to see me—I went to them—Williams said, "Look here, Mr. Brogden; we should not have come out if we had been in it, and I do not see why we should suffer for other people; I know the people they are taking us for. We met the three people who did the old watchman; they are Jack Walsh, Ardo, and little Harry. They showed us the keys and said, 'We have clicked'"; that means they had effected a robbery, "and treated us; in fact, we had no money, and if you make inquiries at the coffee stall outside Whitechapel Church, you will find we had refreshments there and ran away, without paying. I have not done anything for a long time"—Parks said, "That is right"—he said he was at the lodging house all that night, but he afterwards said that he was at the coffee stall—we arrested three men altogether.
Cross-examined by Williams. I asked you on Saturday night, about 10.30, what you were doing out so late—you were kept at the station for about twenty hours before being identified, because it was Sunday, and the people had to be communicated with—it made no difference, as you could not go before a Magistrate until Monday morning.
HENRY DESSENT (Police Sergeant H.) On March 13th I arrested Parks—I said, "I am going to take you into custody on suspicion of committing various robberies from the person in the neighbourhood of Whitechapel during the past month"—prior to that he said, "What job are you taking us for?"—I had taken him into custody then—three men were arrested together—next day, Parks was placed amongst a number of others for identification, and was identified with the other prisoner by Simmons—Beach could not identify anybody.
The prisoners' statements before the Magistrate: Williams says:" I am innocent." Parks says: "The prosecutor says I am too tall for the man who did it, and the witness is in doubt about me."
Williams, in his defence, said that the prosecutor said he was too tall; that he must have seen him, otherwise he could not have said he teas too tall; and that the police had a spite against him, but he did not know why.
JOSEPH BEACH (Re-examined.) Williams looks like one of the men who assaulted me—they looked a little taller at the time—I had not much opportunity of seeing; I had lost so much blood from my eye—I had to have some stitches put in at the hospital.
Parks, in his defence, said that Simmons picked him out because he had a white handkerchief on, and because-Brogden and Dessent had told him to pick him out. before he (Simmons) came into the station at all; that he (Parks) and Williams met the men who had committed the robbery, who said they had clicked, and asked them to go to the coffee stall; that the other men treated them, but before they had finished the other men ran away without paying; and that he was willing to give evidence against, the three men at the coffee stall.
HENRY DESSENT (Re-examined.) I did not tell Simmons to identify a man with a white handkerchief round his neck—I had no conversation with him, and to show the fairness of the identification, the whole of the men were Jews like the prisoners.
By the JURY. I had a good look at Williams as he ran away—I am not sure of Parks—I would not swear against him—I was given the choice of two men, so I picked him out.
Williams then PLEADED GUILTY to a convict ion of felony at Clerkenwell on June 18th, 1901, as Joseph Gold; and Parks at the same Court on September 17th, 1901, as Henry Park. Other convictions were proved against each of the prisoners. WILLIAMS— Five years' penal servitude. PARKS— Eighteen month' hard labour.
MR. ARNOLD Prosecuted.
Upon 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 the indictment. To be detained during His Majesty's pleasure.
NEW COURT.—Monday, March 21st, 1904.
Before Mr. Common Serjeant.
MR. WILKINSON Prosecuted.
EDWARD CHARLES LAKE . I am sub-postmaster at Cole Park Post Office, Twickenham—on March 1st, about 4.30 p.m., a man in custody (Worth, see next case) asked me for a postal order for. 3s.—he put down half a crown and seven pence on the counter, the half crown between the coppers in one pile—I handed him the order, and he went away—the half crown felt rather greasy—I sounded it on the desk—it rang very dull—it did spring a little as I pitched it on the counter—I put it in this tester—it bent directly—I have no doubt it was bad—I called the man back., and after some conversation he gave me back the order and I handed him the bad money—I returned to the office, but went out a second time to look after him—I saw him go into a side road and turn into the London Road towards London—looking up the road, I saw Jones with a cart—he was stroking the horse's knees—he got into the cart when he saw Worth leave the shop, and drove slowly up the road—Worth was then walking under a wall on the opposite side of the road—he walked about thirty yards—Jones stopped the cart—Worth got into it—they drove towards London—I returned and put someone in charge of the office; then I went in a tramcar to Kew Bridge—I stayed a little while, then I returned in another car towards Twickenham—in High Street, Brentford, I saw the prisoner starting in a cart towards London—I got out of the car and followed on foot to Kew Bridge—the prisoners took the horse to the trough and gave it some water, and then drove slowly to Kew Bridge Market, close by—they got out and crossed the road, leaving the horse and cart—they spoke to each other and then parted—Jones recrossed the road and got into the cart, leaving Worth—Jones walked the horse
to just beyond the post office. 627, High Road, Chiswick, a distance of twenty to twenty-five yards—I next saw Worth in the post office—I communicated with P.C. Smith—I spoke to Miss Tidey in the post office—I went out and spoke to another constable—I saw Worth arrested—he threw a coin into a garden close by—I searched the garden at the officers' request—I found this half crown in the ivy—I marked it—it is not the one tendered at my office—that was more bent.
Cross-examined by the prisoner. When I was asked why I knew the half crown was bad I said, "A good coin would not bend directly it was touched"—I did not say I did not think this was the half crown you tendered; I said it was not the half crown.
BEATRICE TIDEY . I am a clerk in charge of the post office, 627, High Road, Chiswick—on March 1st, about 5.25 p.m. Worth came and asked for a 3s. postal order—he put flat on the counter a half crown and seven pennies—I stamped the order, laid it on the counter, and looked at the coin—the half crown felt greasy and appeared a little black—I tried it in the tester—T could not bend it—after some conversation I gave him back the money—Mr. Lake, the sub-postmaster from Twickenham, afterwards came in—he made a communication to me—this unbent coin looks like the one tendered to me.
EDWARD SMITH (473 T.) On March 1st was on duty at Kew Bridge in the afternoon, when Lake made a. communication to me, and pointed out Jones, who was twenty to twenty-five yards from the post office, 627, High Road, on the same side, but nearer London—I communicated with another constable and kept observation—I saw Worth leave the post office, 627, High Road—he was arrested—Jones looked at me and the other constable (Calmer), and then beat his horse and went off full gallop towards London—I ran about 200 yards, got on a tram, rode some distance, then hailed a passing motor car, and followed on that for about a mile or three quarters of a mile, when I got down and stopped him—I said, "I shall arrest you for being concerned with another man, in custody, for attempting to utter counterfeit coin at Twickenham and High Road, Chiswick"—he replied, "What do you want me for? I do not know the other man. If you think I have got anything search me"—he had in his hand a parcel, which I put back into the cart—it contained the articles produced (Two packets of envelopes, three packets of cigarettes, a little memorandum book, a knife, and a pencil case)—these things were produced on the remand—at the time I caught the prisoner they had not been touched, and looked as if they had been purchased that day—all are new except this key—I told him he would get the parcel later on—I took him to the station, and, with the assistance of a private person, the horse was led behind—on searching him at the station, I found upon him 10s. silver and 9d. bronze, good money—he made no reply to the charge—when asked his address he gave it as Rowton House, Vauxhall—he was strictly searched.
had seen him go—before I arrested him I saw him throw a coin away, and Mr. Lake went into a garden and brought me back this coin—it is perfectly Hat—I took him to the station—I searched him on the spot—he was afterwards strictly searched at the police station—that means that all his clothes were removed—I made him open his mouth—I did not find this bent coin (The bent good half crown)—I found in his pockets on the spot, 7d., two halfpennies, and one florin—after the first remand before the Magistrate, from Wednesday to Friday. Jones told Worth to produce the half crown out of his pocket—Worth then produced this good, bent half crown from his left waistcoat pocket, and handed it to the assistant gaoler of the Court—he was then wearing a different coat and a different hat.
WILLIAM JOHN WEBSTER . I am Inspector of Coin to His Majesty's Mint—this bent half crown is good—this unbent half crown is bad—the good half crown, in my opinion, has not been bent in this tester produced by Mr. Lake, because it docs not seem to have received the grip or bite of a tester of this size, and there is a mark on the milling about 3/4 in. long, whereas this is a in. tester—the notches vary in size according to the coin tested—it requires immense force to bend a good half crown; it will bend back without breaking, but if you try to bend a bad one back you break it—a bad one bends easily—this one is rather thicker than usual, and might require a little more force, but not very much in a tester—I will bend it—the coin is put in this way—the tester is fastened tosomething.
He then PLEADED GUILTY to a conviction in October, 1898, of feloniously having in his possession four counterfeit crowns. Two previous convictions for uttering, and two of felonious possession of counterfeit coin, were proved against him. Five years' penal servitude.
MR. WILKINSON Prosecuted.
EDWARD CHARLES LAKE repeated his former evidence and added: I asked Worth how he came by the half crown—he said he must have taken it somewhere—he eventually said, "I have been there" (In Lake's office)—I said, "I cannot take that; you must give me another half crown"—he said he had not another, but only a 2s. piece and some coppers left—the notch in the tester used was the nearest to the smallest.
Cross-examined by the prisoner. The Magistrate asked me how I knew the coin was bad: I said, "A good coin would not bend directly you touched it"—I said I could make very little impression upon good coins.
The prisoner, in his defence, said that the good half crown produced was the coin tendered, which the postmaster bent; that he did not know he ha
a bad half crown in his possession; and that the postmistress said she could not tell the coin was bad by testing it.
GUILTY . Nine months' hard labour.
OLD COURT.—Tuesday, March 22nd, 1904.
Before Mr. Justice Grantham.
MR. FORDHAM. for the prosecution, offered no evidence. Not Guilty.
PLEADED GUILTY . Twelve months' hard labour.
NEW COURT.—Tuesday, March 22nd, 1904.
Before Mr. Recorder.
MR. FITCH, for the prosecution, offered no evidence against Langavier.
NOT GUILTY .
302. The said GEORGE MASON PLEADED GUILTY to breaking and entering the dwelling house of John Grave and stealing an overcoat, his goods, also to a burglary in the dwelling house of William Howes and stealing an overcoat and other articles, his property, having been convicted of felony at Clerkenwell Sessions in October, 1901, in the name of George James. Eighteen months' hard labour.
MR. RODERICK -Prosecuted.
The Jury being unable to agree, were discharged without a verdict. (See mac 447
MR. BIGGS Prosecuted; MR. WARDE Defended.
LOHSK CHAUTIN (Interpreted.) I am a laundress, of 2, Rue de Commerce Paris—my age is nineteen—I met the prisoner at a cafe in Paris nearly a month and a half ago—he told me he had just come from America, and said, "Will you come with me to America? You will earn a lot of money in America; you will have plenty of dress and plenty of jewellery"
—he said such a lot of nice things that I went with him—the evening before I went with him he had another girl outside, and he was talking to her—she did not want to give him any answer—the morning after, when I came I saw her with the prisoner, who said, "Here is a young lady who is going to America with you"—I said, "All right"—he said he wanted to put me in a house: I did not know what kind of house—the next day I had new clothes—the prisoner bought them at the Bon Marche—I slept with him five nights—I was all day along with him—I had previously always lived with my parents in Paris—father is a stonemason—this piece of dress material is the same as the dress I am wearing—I left Paris with the prisoner; I do not remember the date—I had no luggage—the prisoner had a box—he paid for the tickets from Paris to London, a single ticket for me and a return ticket for himself—we came by Calais to London—I had to meet a gentleman I did not know—after coming out of the train the prisoner said, "Oh, the police are after me; jump in a cab at once"—I knew nobody in London—the prisoner said to the cab driver. "To Queen's Square"—he told me it was to some friends of his wife—the police followed in a cab—I was not living an immoral life when I met the prisoner—I worked.
Cross-examined. The prisoner never told me he came from America; he said he was a Russian (Her evidence in chief was referred to)—I never said so till to-day—I do not know why—I was to go to America with the prisoner—I knew he had a return ticket to Paris to come back and fetch the other girl—I never knew the other girl. I only saw her once—I did not know the kind of house I was to go to in America—the first time I was before the Magistrate I said, "The prisoner said if I was willing to go with him to America and go to an improper house that I should have any amount of money and jewellery"—I knew it was a meeting house, an improper house; he told me; I did not know—it is true that I always lived with my parents—it is not two years ago that my father turned me out of his house—it is true he turned me out—he did not send me away; it simply came in my head to go—he never said I should not be there, because I mixed with bad company—I have not lived two years as a prostitute in Paris; I always went to work—I do not know a man named Ernest—I have lived in the Rue de Commerce about three months—the other girls in the house were married—before I went there I lived in the same street with a girl friend: I cannot remember for how long—when I came to England I had no intentions—I was going to take a ship on the Saturday to America.
WILLIAM BURCH (Detective Officer.) On February 18th, in consequence of a telegram received from one of our officers at Dover, I went with Detective Ferrier to Charing Cross Station to meet the 7.25 ordinary train—I saw the prisoner, whom I knew well, alight from a carriage with Louise Chartin—he had no luggage—we followed them across the Strand, up A gar Street, where they got into a hansom cab, which drove away—we followed in another cab—opposite 40, Gloucester Street. Bloomsbury, they got out—the cab was discharged—I went up to them and said, "You know me, Pinkerwitz?"—he is an interpreter, and understands English—he said, "Yes"—I said, "What are you doing with that young
lady!"—he said, "I am taking her to her brother-in-law; I brought her from Paris, and she ought to have been met at Dover; as no one was there to meet her, I brought her on to London, and was going to Queen's Square with, her"—I said, "What number?"—he said, "I do not know the number, but she does"—I said, "Where is her luggage?"—he said, "It is coming on; I have only got to bring her here, and when I get back to Paris I am to have 200 francs for doing it"—I told him I should take him to Scotland Yard to make inquiries—neither officer spoke French—the prisoner said, "Very well, all right"—I took him to Scotland Yard—he was detained—the following day I applied for a warrant—he was charged at Bow Street on the warrant with attempting to procure Louise Chartin to become a common prostitute—he made no reply—I searched him—in his possession I found this piece of dress material, which is similar to the dress the last witness was wearing, this pair of ladies' new gloves, and this return ticket Paris to Dover, and a 1,000 franc note.
Cross-examined. We communicated with the French police—I have their telegram here; it has not been put in.
By the COURT. 40, Gloucester Street, Bloomsbury, is about 200 yards from Queen's Square—there are brothels in Queen's Square.
JOHN FERRIER (Detective Officer.) On February 18th I was with the last witness at Charing Cross—the prisoner requested to make a statement to me on arrival at Scotland Yard—he said in English, "I wish to explain"—I said, "I will take it down in writing"—I did so—it was read to-him, and he signed it—(Read:) "18th February, 1904. Statement of Leon Pinkerwitz says: I am an interpreter. I have up to this morning been residing with my brother, Alexander Pinkerwitz, 34, Boulevard de Sevastople, Paris; I mean that I had a room with my brother, but have not slept there for two nights. On Monday last, about 2.30 p.m., I was in the Cafe Miller, at the corner of Boulevard des Italiens, Paris, when a man whom I have been associating with for about four days, and whom I knew by the name of Alfred, came into the Cafe Miller with the young woman whom the police have found me in company with. I do not know her name, I do not know her age, but she told me that she was nineteen. We stayed together in the cafe for about ten minutes, when Alfred left, with the young woman. Before he left he asked me to meet him at a cafe in Paris, I do not remember the name, at 9 a.m., to take the young woman to Dover. He said when I got there I should meet a big, fair man who would take her to London, and I would receive 50 francs. I agreed to do this. At 9 a.m. this morning I met Alfred and the young woman, as already arranged, at the cafe. He gave me the ticket, No. 207. and said.' There is your ticket to Dover and back,' and gave the girl her ticket to London. I do not know why the young lady came to London; I did not ask her, and she did not tell me. The young woman and I left Paris by the 9.45 train, and arrived at Dover at 1 p.m. When I got there I could not find the man. I waited till 5 o'clock, then accompanied her to London. When we were at Dover the young woman said,' You have been so kind, Leon, to bring me to Dover, and now that the man who should have met me is not here, will you be kind enough to take me to my friends who live
at Queen's Square? 'I agreed to do this, and purchased a ticket for myself: she had already got hers. When I got to Charing Cross I was inquiring for a cab to drive us to Queen's Square, when the police stopped mo. That is all I know about the girl, except that I lived with her at a hotel in Rue Summarta. Paris, for one night, and that was Wednesday night last, hut I had no business with her.—Leon Pinkerwitz. This statement, on being read over to me, I desire to give further explanation. At the hotel in the Rue Summarta, Paris, occupied a room by myself, and She occupied another room with Alfred. I have no home in London. This statement that I have made is purely voluntary.—LEON PINKERWITZ. With regard to receipt No. 3137, it refers to a wooden box at Calais which I believe belongs to the young woman. The man whom I know as Alfred asked me to go to the Registration Office and ask them to send it to London I took no notice of his request as he told me I was not to open the box at the Customs House and I thought there was something wrong with it"—there was a box in Paris—the ticket 3137 found on the prisoner is here.
WILLIAM BURCH (Re-examined.) We sent to Calais, and the box has been examined—we have had a communication, and believe the prisoner and the girl were frightened to bring it through the Customs—that is the prisoner's own story of it—it would be examined at Dover—sometimes a box is examined on the boat—we know what it contains.
MR. WATDE submitted (here was no material corroboration to comply with the sub-section of the Criminal Law Amendment Act of 1883. The Court overruled the objection, and left the ease to the Jury.
The prisoner, in his defence on oath, adhered to the statement which he made to the police, and added (hat he was an interpreter and guide; that he spoke nine languages, and acted as guide to the man Alfred for 150 francs, and received another fifty to bring the girl to be met at Dover, but the tall fair man not appearing, he acceded to the girl's request to be taken to her friends in London, when he teas arrested.
GUILTY .** Three convictions were proved against him, and he was stated to belong to a gang of Continental thieves. Two years' hard labour.
THIRD COURT.—Tuesday, March, 22nd, 1904.
Before Mr. Common Serjeant.
MR. HUTTON Prosecuted; MR. C.F. GILL, K.C., and MR. MUIR Defended MR. GILL applied that the three cases charged in the indictment should be tried separately; the COURT said there was no power to make an order; but MR. HUTTON agreed that the cases should be tried separately. James' case was not proceeded with.
NOT GUILTY .
MR. HUTTON Prosecuted; MR. C. F. GILL, K.C., and MR. MUIR Defended.
He received a good character. Four months' imprisonment.
FOURTH COURT.—Tuesday, March 22nd, 1904.
Before J. A. Rentoul, Esq., K.C.
307. ALEXANDER FRANCIS BLUNT (26) PLEADED GUILTY to forging and uttering requests for us., 10s., and 10s. respectively, having been convicted of felony at Marlborough Street Police Court on October 30th, 1903. two other convictions were proved against him. Six months' hard labour.—.
(309.) THOMAS WHITE , to stealing a mail cart, the property of Thomas Nell. [Pleaded guilty. See original trial image.] Three previous convictions were proved against him. Eighteen months' hard labour. —
(310.) LOUIS CHARLTON (29) , to breaking and entering the warehouse of Arthur & Co. and stealing postage stamps to the value of 4s. 31d.; also to breaking and entering the warehouse of Ernest Pow and others, and stealing therein three boxes of cigars; having been convicted of felony in 1898 in the name of Thomas Smith. [Pleaded guilty. See original trial image.] Ten other convictions were proved against him. Six months' hard labour. —
(311.) HARRY LANE (23) , to breaking and entering the shop of Horatio Saqui and another, and stealing therein seventeen brooches and other articles, their property; having been convicted of felony at Clerkenwell Sessions on August 26th, 1902, in the name of James Hyde. [Pleaded guilty. See original trial image.] Two other convictions were proved against him. Eighteen months' hard labour.—
(312.) JAMES HORRIGAN (53) , to breaking and entering the shop of Coleman Turner, and stealing four boxes of cigars and other articles, his property. [Pleaded guilty. See original trial image.] Nine previous convictions were proved against him. Three months' hard labour. —And
(313.) WALTER SANDS (28) and JOHN SLADE (27) , to breaking and entering the shop of Charles Asprey and others, and stealing therein jewellery, their property; Slade having been convicted of felony at Clerkenwell Sessions on May 19th, 1900. [Pleaded guilty. See original trial image.] Several previous convictions were proved against Sands. Four years' penal servitude each.
MR. STEWART Prosecuted.
CHARLES STRONG . I am a newspaper cyclist, and live at 27, Charleston Street, Walworth—at 6.45 a.m. on March 5th I left my bicycle in the "Echo" office at Ludgate Hill—I came back at about 7.30 and found that it was gone—I made inquiries to know if anybody had been seen taking it out—I know the prisoner through being a newspaper cyclist.
JOHN SHAW . I am a printer's assistant, and live at 8, Webber Street, Blackfriars Road—I am employed at the "Echo" office—I saw Strong bring his bicycle into the public office of the "Echo" at about 7 a.m. on March 5th—between seven and half past I saw the prisoner take it away—I did not know he was not going to bring it back—Strong's bicycle was there alone that morning, but three or four are there as a rule—I have only seen the prisoner once or twice—I am sure he is the man that I saw take the bicycle.
By the COURT. The bicycle had a bag at the back of it—I did not know that the prisoner was employed at the "Echo" office; there are so many in and out—Strong asked me if I had seen anyone take his bicycle, and I said, "Yes, I have; a short, little fellow, with a hump on his bad;"—I cannot say whether Strong had borrowed the bicycle from the prisoner or not.
Cross-examined by the prisoner. I did not say when I was asked to identify you at the police station, "Yes, I believe that is the man"—I recognised you at once.
HARRY WORSFOLD (Detective H.) I received certain information, in consequence of which I arrested the prisoner on Thursday, March 10th, in St. Bride Street—I told him I was a police officer, and that I was taking him into custody—he said, "Yes, all right"—he did not make any reply when he was charged—Strong identified him at the police station without hesitation.
Cross-examined. Strong did not turn you round twice before he could identify you.
The prisoner, in his defence on oath, said that at 7.30 on March 5th he was at the Smithfield Market with Taylor and Waller, with whom he had driven in a van from Watney Street, and that he had not entered the "Echo" office at all that morning.
Evidence for the Defence.
FREDERICK WALLER (By the Court.) A little before 7.30 on March 5th I saw the prisoner outside my door—he got into my van, and we got to Smithfield Market at about 7.40—he lives near my house, which is a few minutes' bicycle ride from the "Echo" office—it takes me twenty-three minutes to drive from my house to Smithfield Market—Taylor was in the van too.
Cross-examined. I had cause to remember this particular Saturday, because I had bought some frozen meat, which I have not bought for many months, and it turned out a bad bargain—I bought a little frozen meat on the following Saturday.
GEORGE TAYLOR (By the Court.) The prisoner rode up with me and Waller on a van between 7.15 and 7.30 on March 5th to Smithfield Market—I remember this Saturday particularly, because my van was late—Waller was at the door, so I said, "I might as well ride up with you, Fred"—it was a fortnight ago last Saturday.
Cross-examined. I do not know the prisoner's occupation—I know he has been walking about.
NOT GUILTY .
MR. HINDE Prosecuted.
English, accosted me—she requested me to go somewhere—on my refusing she called out "Sheep," and turned back—I was going on my way when I was seized by four men, two of whom are the prisoners—they held me fast by the arms, and took 23s., my watch, purse, pocket knife, watch chain, and hat from me—they did not go so far as putting me on the ground, because a policeman came immediately and arrested the men—it was on the side walk.
Cross-examined by Macarthy. I did not say at the police station that I did not recognise you, because I saw the police seizing you.
Cross-examined by Brown. The woman hardly made two steps towards you—it all happened in about a minute from the time the woman called—I did not see the woman come right over to you—there was a sovereign and three separate shillings in my purse—I had a parcel under my arm containing a bowl.
The prisoners here Pleaded Guilty to attempted robbery without violence.
JOSEPH HAYNES (63 H.) On March 6th I was on duty about 12.40 a.m. in Flower and Dean Street, when I saw the prosecutor standing still speaking to a woman—after two or three minutes' conversation the woman crossed the road to four men—a minute or two afterwards the four men came across and pushed the prosecutor back into a doorway which had a deep recess—I saw Brown hold him whilst Macarthy and two others went through his pockets—Wise and myself went up and arrested the prisoners as they came out of the doorway—the other two men ran away up the street—the prosecutor's property was not found on the prisoners—when I arrested Macarthy he said to me, "You will not take me," and kicked me on the right knee—it was not a very severe kick—then we had a violent struggle—Wise took Brown, and I took Macarthy to the station—they did not make any reply when charged.
Cross-examined by Macarthy. I was in plain clothes when I arrested you.
Cross-examined by Brown. I was about eight yards away from you.
HENRY WISE (H. 357). I was on duty on the morning of March 6th, in Flower and Dean Street, Spitalfields, when I saw the prosecutor in company with a woman—she left him and crossed over the road to four men standing at the corner of Lolesworth Street—they immediately came over to where the prosecutor was standing and knocked him into a doorway—when I got up to them Brown was holding him and Macarthy and two others were going through his pockets—I arrested Brown as they came out of the doorway, and he said, "It was not me, sir; I was walking down the street"—I have no doubt that the prisoners are two of the men—Brown said nothing when charged.
Macarthy, in his defence, said that he, with, Brown and two other men, were coming round Lolesworth Street into Flower and Dean Street when a woman came over from the other side of the road and said to them, "I do not know whether it is any good to you, but there is a man who has got a big parcel over there; I believe it is plate"; that they dashed over to get the parcel, when two policemen in private clothes caught hold of them; that one
of the policemen struck him across the face with a piece of rubber tyre, and that he accidentally ticked him on the knee.
Brown, in his defence, said that that were told by a woman that there was a man with a big pared over the road. where up on they ran over the road and made a rush at the parcel; that he, Brown, had (jot the parcel and was in the act of running away when the woman shouted, Hi, look out, somebody is coming; that a policeman arrested him: and (hat he found that the pared contained a bowl.
Brown then PLEADED GUILTY to a conviction of 'felony at the Swansea Sessions on July 30th, 1901, and Macarthy to a conviction of felony at. Clerkenwell Sessions on November 4th, 1902. Ten other convictions were proved against Macarthy and five against Brown. Five years' penal servitude and fire years' police supervision each.
MR. GANZ Prosecuted; MR. PURCELL Defended.
WILLIAM THOMAS STRATFORD . I am the General Relieving Officer of the Hackney Union, and live at 62, Christie Road, South Hackney—about 1235 a.m. on March 9th I was in Amhurst Road. Hackney, accompanied by Mr. Coffee. who is an assistant of mine—we were going towards home—just as we had got to Manor Place four men came across the road—when they got within striking distance the prisoner said, "Now then." and made to strike me with a heavy stick or some instrument of that description—I put up my hand and received the blow across my fingers—the blow just caught my nose and caused it to blood—I struck out at once, and the prisoner stumbled—I do not know whether I struck him fully or not—I said, "Come on" to Cottee, and found that he was on the ground—the three other men were attacking me, so I backed away, when they all ran away—I think they must have seen a policeman coming as I was backing away—we told the policeman who came up about it—Cottee was covered with blood and badly hurt, so we took him to the hospital—when we had got past Hackney Downs Station, which is about 400 yards from Amhurst Road, we heard a shout of "Help!?"—the policeman and I ran in the direction from which the shout came, and we saw a man running through Navarino Road into Graham Road, being followed by another man—when we got to Graham Road we found the prisoner being stopped by a short man, a private individual—I said to the policeman, "That is the man who assaulted my friend"—I went to the station with them, and was examined by the divisional surgeon.
Cross-examined. I did not say when we came up to the prisoner, "I think this is one of the men"—I certainly did not hit the prisoner on the head when he was in custody—I may have been a little excited, but I do not think the constable told me to keep cool—the prisoner is a perfect stranger to me—Amhurst Road is a road of private houses lit up in the ordinary way—the four men came up as if (hey were going to
pass us, when they suddenly made the assault—I had been to the police station, and was waiting for Mr. Cottee to come out of hospital, 'when a woman came up to me and said that the man's name was Barney—I was at the police station when Cottee was there—the prisoner was placed among a number of others, so that Cottee might see if he was one of our assailants—he said he was not quite certain he could identify him; he was too dazed.
Re-examined. I saw the prisoner's face when he assaulted me.
CHARLES COTTEE . I am a clerk to Mr. Stratford, and live at 66, Ashendon Road, Clapham Park—about 12.30 a.m. on March 9th I was with Mr. Stratford coming down the Amhurst Road—we were on the right-hand side of the road going towards Mare Street, Hackney—four men came straight across the road, and one of them struck me down with something in his hand—I was not able to identify the man who struck me down as the prisoner immediately afterwards, because I was too dazed—I recognised him at the North London Police Court—I was examined by the doctor.
Cross-examined. I saw an inspector when I got to the station—he asked me to identify the prisoner from among a row of men—I said I was not quite sure which it was—I do not think I said in my depositions, "At the station I did not identify the prisoner"—I have not seen the prisoner since then until to-day—I cannot be sure whether the part of Amhurst Road where we were attacked was lit up with electric light or gas light.
WILLIAM HENRY WATSON . I am a barman, of 71, Northcote Road, Walthamstow—I am now on leave from South Africa, and hove been in this country eight days—in the early morning of March 9th I was coming through Dalston Lane with George Newman, a friend of mine—at the corner of Navarino Road three men stepped up to us. and one of them, whom I now identify as the prisoner, said something to me which I could not hear—I said, "What?" and before I knew where I was he struck me to the ground with something—he then kicked me on my upper lip and on the side of my head—Newman tried to call them off me, and shouted for help, and they ran away—Newman ran and caught the prisoner in Navarino Road—I was examined by a doctor.
Cross-examined. It was between 1 and l.30 a.m. that this happened—we had come from Mildmay Park, and were going to Hackney Downs Station—I am on a holiday from South Africa—Newman is a bricklayer, and I have known him for years—I heard at the police court the doctor's account of the prisoner's injuries—they were not my handiwork—no woman was there at all—it is not true that I attacked the prisoner by punching him in the face—I did not sec Stratford hit the prisoner when he was in the custody of the policeman—Stratford is a stranger to me.
Re-examined. We had been to a dance, and were going home—we had lost the last train at Mildmay Park, and wore walking to Hackney Downs Station.
GEORGE NEWMAN . I am a bricklayer, of 8, Ashley Road, Walthamstow—I was walking with Watson along Dalston Lane, about 1.13 a.m. on March 9th, towards Hackney Downs Station—we saw three men standing on
the kerb—when we got to them one of them said something which I could not hear—I could not say whether it was the prisoner—Watson turned round and said "What?"—no sooner did he say that than he was knocked down by the prisoner—lie did not have a chance to pick a quarrel with the prisoner—he did not challenge him to fight—the three of them kicked him when he was on the ground—I tried to do the best I could to protect him—they seem to have suddenly heard someone coming, and ran down Navarino Road—I followed them, and caught the prisoner in Graham Road, and held him by the throat—he asked me to let him gc—by that time the police had come up.
Cross-examined. We were walking along at the time—I did not see any woman there—I heard an account of the prisoner's injuries—I may have scratched his face when I caught him by the throat, but I did not bite his finger, and I do not think I made his nose bleed.
WILLIAM ELDER (627 s.) About 1 a.m. on March 9th I was in Dalston Lane, Stratford, when Mr. Cottee came up to me and made a complaint; while he was doing so I heard cries of "Help!" coming from lower down Dalston Lane—I at once ran in that direction—I saw Watson and Newman—they said they had been assaulted by several roughs, and pointed down Navarino Road—Newman caught the prisoner in Graham Road—Newman and Watson said that he was one of the men who had assaulted them.
Cross-examined. Watson came up and charged the prisoner when Newman was holding him—we then took him to the station—Stratford followed—I do not think I said to the Magistrate's clerk. "Stratford came up to us in Graham Road and said, 'I think this is one of the men'"—when the prisoner was charged he said, "I never saw Cottee and Stratford before." and "Watson and I had a fight"—the station is in charge of an inspector—when Cottee came there he was asked to identify the prisoner from among a number of men, and he failed to do so.
JAMES HENRY TURTLE . I am the divisional surgeon, practising at 11, Gascoyne Road, South Hackney—at 1.30 on March 9th I was called to the Hackney Police Station—I saw Watson. Cottee. Stratford, and the prisoner there—I examined them—Watson was suffering from a lacerated upper lip, which had the appearance of being transfixed by his teeth—I also found contusions which may have been caused by a blow—Cottee had a laceration on the left side of the bridge of his nose, exposing the left nasal bone, and on the right side the nasal bone was fractured—he also had a contusion on the right side of the back of his head—a very severe blow must have caused them, probably from some blunt instrument—the prisoner had a contused upper lip and a slight abrasion on the right side of his neck, apparently nail marks—on the fore finger of his right hand were two or three small wounds, apparently teeth marks, and on the second knuckle of the same hand was a slight abrasion—the wound on the mouth had probably been caused by a blow.
Cross-examined. There was blood on the prisoner's face—the injury to Cottee's nose is apparently all right now.
The prisoner, in his defence on oath, said that Stratford and Cottee were complete strangers to him; that he was going up Graham Road into Navarino Road alone about 12.45a.m., when he saw Watson and Newman talking angrily with a woman; that he stopped to look on; that two other men whom he did not know also were looking on; that Watson asked him what he wanted, and hit him in the mouth, whereupon they had a fight, in which he succeeded in knocking Watson down; that Newman then came up, and he ran down Navarino Road; that he was overtaken by Newman, who caught hold of him; that the constable came up with Stratford, who said, "That is one of the b—s who struck me"; and that he was taken to the station, where Mr. Cottee failed to identify him.
GUILTY† on the Second count only. Five previous convictions were proved against him. Six months' hard labour.
OLD COURT.—Wednesday, March 23rd, 1904.
Before Mr. Justice Grantham.
317. WILLIAM ALEXANDER THOMSON (35) PLEADED GUILTY to forging and uttering an authority for the payment of £300 with intent to defraud; also to forging and uttering a deed purporting to be an assignment under the hand of Rose Susan Deen Connell, of a mortgage on property belonging to George Frederick Haynes: also to forging and uttering a request for £81 18s. 4d. with intent to defraud: also to appropriating to his own use and benefit £81 18s. id. entrusted to him under the will of Edward Charles Connell; also to unlawfully converting and appropriating to his own use £359 8s. 9d., £270, and £300, with which he had been entrusted by Rose Susan Deen Connell as attorney; also to converting to his own use £10") due as compensation to Harry William Boxall, received by him. Seven years' penal servitude.
NEW COURT—Wednesday, March 23rd, 1904.
Before Mr. Recorder.
MR. RODERICK Prosecuted.
ALFRED MASON . I am a warehouseman, of 96, Devor Street—my age is 54—on Thursday, March 10th, about 9.30 p.m., in Wentworth Street, three men suddenly came behind me—one caught hold of my throat—I struggled to get free from them—they got me on the pavement—one laid on my legs—they took my watch and chain—the prisoner took my purse and £2 8s. from my pocket—when I came to I gave information at Commercial Street Police Station, and the prisoner's description—on Sunday, March 13th, I identified him as the third man in about a dozen—I am as sure he is the man as that I stand up—there is a lodging house opposite where I was attacked, and a lamp outside it—I saw the
reflection from the lamp on the prisoner's face—my throat is still very bad.
Cross-examined by the prisoner. I could not pick out the other men, but I was certain of you, because the light shone on your face.
HENRY DESSENT (Sergeant H.) About 12.30 a.m. on Sunday, March 13th, I saw the prisoner with three other men—in consequence of instructions and his answering a description I had, I told him I should take him into custody on suspicion of being concerned in robberies from the person during the past month in the neighbourhood of Whitechapel—he made no reply—I was present when the prosecutor identified him without the slightest hesitation—he failed to identify the other two men—he made no reply to the charge—opposite the place of assault there is a large lodging house with about 300 beds; the windows are well lighted up, and there is a big lamp outside—the description the prosecutor gave of the prisoner was a short man with boyish appearance, a very thin face, and clean shaven.
Cross-examined by the prisoner. He said you were wearing a cap—I do not remember his saying anything about a scarf or your clothes—from his description of your face I knew whom I was looking for.
The prisoner, in his defence on oath, said that he was at the Farringdon Music Hall in the Mile End Road with money he had from his parents; that since his conviction three years ago he had sought shoemaking work, and in doing so had stowed himself on the "Gourka" for Cape Town, but was sent back; that he had nothing to do with this case, and on this night he had borrowed a scarf from a young lady, and this was not mentioned in his identification.
GUILTY .** One conviction for a similar offence and eight summary convictions were proved. Eighteen months' hard labour.
THIRD COURT.—Wednesday, March 23rd, 1904.
Before Mr. Common Serjeant.
MR. PURCELL Prosecuted.
GUILTY . Twelve months' hard labour.
HERBERT ALEXANDER JEMMETT . I am cashier at the London and County Bank, Lombard Street—the Union Insurance Society of Canton, Limited, have an account there—Mr. Douglas Jones, for the Society, signs cheques and documents which come to the bank—this document marked "A" purports to be a bill of exchange dated December 19th, 1903, drawn by "J. H. Marshall & Cow" on the Union Insurance Society of Canton, Limited, payable on February 14th, 1904, with three days' grace—"Union Insurance Society of Canton, Limited," is stamped with a rubber
stamp—such bills are usually presented through a banker—this one was presented across the counter on Saturday, February 20th last, at about 12.55—the signature, "Dougles Jones," is a good imitation, but I thought at the time it was rather laboured, and I showed it to some colleagues—it was presented by the prisoner, who was wearing glasses—I asked him if he came from Marshall & Co.—he said he did—I also asked him why the bill was presented over the counter and not in the more usual way through a banker—he replied that it was done at the request of Mr. Jones—I being dissatisfied with the appearance of the signature and the bill generally, made further inquiry and asked the prisoner to wait—he said he would—I had already drawn a colleague's (Mr. Lawrence) attention to the bill and to the prisoner—I was away the second time fully ten minutes—when I returned the prisoner had gone—shortly afterwards I was shown some photographs and picked out one—on February 25th I went to the police office in Old Jewry, and there saw eight or nine men drawn up—amongst them was the prisoner, and I had no hesitation in picking him out—I have not the slightest doubt about him.
Cross-examined. We close our bank at I on Saturdays, and we generally have a rush of people just before I—my counter is a busy one—we have a good many clerks that come in of all ages, and some wearing glasses—the bill is an ordinary one, the stamp is an ordinary one, but the writing is a rather poor, clerky hand—I cannot swear positively whether the man in the photo I saw was wearing glasses or not—the prosecuting solicitor's clerk took me to identify the prisoner—I think he told me that they had arrested the man whose photo I had identified—the men I saw all wore glasses, I believe put on for the purpose.
Re-examined. From when the prisoner came in at 12.55 till 1 o'clock, I was showing the bill to one or two of my colleagues, and did not attend to any other business—this is one of the forms in use by Mr. Jones—the wording is the same, but his type of stamp is larger—I gave the man's description on the Monday.
By the COURT. The Union Insurance Society of Canton, Limited, do not generally advise their bills—I have never before seen a bill drawn to bearer.
FRANCIS LAWRENCE . I am a cashier at the London and County Bank, Lombard Street—on February 20th last I was there shortly before closing time—Mr. Jemmett brought me the bill produced and asked me what I thought of it, then he went away—I walked down to his desk and saw the prisoner there—I said to him, "Have not they settled up your business yet?" or some words like that—he said, "No," and gave some answer—I went back to my desk—when Jemmett came back, the prisoner had gone—the following week I went to Old Jewry, and was shown nine or ten photographs by Mr. Disney—Mr. Jemmett was not there—I picked out the prisoner's photograph—the next day I again went, and was taken into the yard, and there saw nine men standing in a semi-circle—I picked out the prisoner—they were all wearing glasses.
Cross-examined. The rush on Saturdays is over by 12.50—we are very busy on Saturdays right up to closing time—this particular Saturday the
business had fallen off a bit, which was rather unusual, and there were not many people there—when Mr. Jemmett came to me I was entering up some cheques previously to balancing—I have no doubt about my going to his desk, and then the prisoner came up towards my desk—there were no glasses on the man in the photo I picked out—there were two photos of the same man in different positions.
Re-examined. That did not influence me in picking out the photo—I went by the general appearance and the thick lips.
DOUGLAS JONES . I am agent to the Union Insurance Society of Canton, Limited—they have an account at the London and County Bank, Lombard Street—this bill (A) is not accepted by me or by my authority—I recognise the prisoner—he was in our employment from March 3rd, 1902, to June 14th, 1902—our old cheques are put together and put in pigeon holes—our clerks would have access to them and to other examples of my signature—this is a good imitation of my signature—we use a blue stamp describing the Company, something like this, on the bill, but with larger type.
Cross-examined. All our clerks would know the form of the rubber stamp we use—we have between thirty and forty clerks—I am constantly in business communication with people, and probably write 100,000 signatures in a year—the prisoner left my service voluntarily—we do not usually give notice to the bank of these bills when falling due—it is quite unusual to have any bill drawn on us in London.
FRANK HALLAM (Detective Sergeant, City.) On February 25th I went to Balham to the "Duke of Devonshire." and there saw the prisoner—I said to him, "Are you Percy Tidd Richards?"—he said, "Yes"—I said, "I want to speak to you; will you step outside?"—he came outside—I said to him, "I am a police officer; I am about to arrest you for forging and uttering a bill of exchange for £192 12s. and presenting the same for payment at the London and County Bank, Lombard Street, on the 20th inst."—he said, "You have made a mistake; I know nothing about it"—I took him to Balham Police Station—on the way there he said to me, "Who is on the bill?"—I said, "It was presented at the London and County Bank, Lombard Street; I believe it has the name of Marshall on it"—we walked about twenty yards farther on, when the prisoner said to me, "Do you say the bill has 'J. H. Marshall' on it?."—I said, "I never mentioned 'J. H. Marshall'; I said 'Marshall'"—I afterwards conveyed the prisoner to Old Jewry, where he was placed with six other men all wearing spectacles similar to his, and he was identified by the two witnesses from the bank—the identification was made separately—two or three of the men wore spectacles, the rest were provided with them.
Cross-examined. My note was made at Balham about five minutes after the words were spoken—before I went to Balham I had seen the bill, but had not read it—I knew "J. H. Marshall" was the name on it, but I did not say when asked by the prisoner "J. H. Marshall," and he did not repeat it after me; I was astonished to hear him mention the initials
—I was myself positive as to the "Marshall," but was not very positive as to the initials.
Re-examined. The prisoner gave an address where he formerly lived—he was taken to Cloak Lane Police Station and charged—the station inspector on duty, who was taking the charge, asked him his address, and he pave 1, Russian Road, Balham—I was present—I made inquiries there, and found he formerly lived there—he did not at any time give me his true address.
By MR. FRAMPTON. I got his proper address three days afterwards through inquiries.
WILLIAM HENRY DISNEY . I am managing clerk to Messrs. Mullens & Bosanquet, the prosecution's solicitors—this investigation was put into my hands—I saw Jemmett and Lawrence on February 23rd, and took a description separately from them on the 24th—I placed before them about six photographs—I did not in any way call attention to any particular one—I asked them to look well at them and see if there was any one there they recognised—one was the prisoner's photo, the only one I could get.
Cross-examined. All but one were ordinary photos—the prisoner's was not one that would attract attention at once, although it was that of a man in two positions on one piece of paper.
THOMAS ADAM EVANS . I am Secretary to the Clayton Fire Extinguishing and Ventilating Company, Limited, 22, Craven Street, Strand—I know the prisoner—I produce a letter written by him to me, and also two other letters which in my opinion are in his writing—the prisoner, before the Magistrate, invited my opinion of the writing on the bill—my opinion is that the body is in the prisoner's writing and also the signature, "J. H. Marshall & Coy'"
Cross-examined. There is no doubt about it—there may be an attempt at disguise—I have a letter of December, 1902, from him applying for a situation—I had numerous opportunities of examining his writing while he was in my office, which was from December 8th, 1902, to the end of February, 1903—he was on trial during that time—he was under notice to leave at the end of February, but he left a week before of his own accord—we have three clerks—the writing is somewhat similar to that of a Civil Service clerk—I do not know that that style of writing is always very similar.
FRANK HALLAM (Re-examined by MR. FRAMPTON.) I went to 36, Dorothy Road, Lavender Hill, and saw a Mrs. Hinton—I did not tell her that the prisoner had given that as his address—I went there to find out the prisoner's antecedents and his address—I did not tell her I wanted to search things belonging to him—I asked her if she had seen a stamp in the room where he had been sleeping—I do not remember telling her that if her son was in the prisoner's company on the Saturday morning he must have gone to the bank with him.
By MR. GILL. Before my visit there I had not seen a letter written by the prisoner.
about twenty years' experience—I have had before me the bill (A) and three letters produced by Mr. Evans—I have compared those documents, and have formed the opinion that all the writing on the bill, with the exception of "Douglas Jones," is the writing of the person who wrote the three letters; I do not say that "Douglas Jones" is not also in that writing, but I cannot identify it; I think there is an attempt at disguise—it is something of the Civil Service style, but that would not account for the resemblances—I have made a report pointing out the resemblances—this is it.
Cross-examined. Photos have not been taken of the originals—my report was not produced at the police court—experts in handwriting have made mistakes, and they also differ in opinion like other people.
Re-examined. I cannot say who wrote "Douglas Jones" on the bill. The prisoner, in his defence on oath, stated that prior to his arrest he was living at 65, Chestnut Grove, Balham; that he did not forge the bill; that, he did not tender the bill at the London and County Bank; that he did not go at all to the City on February 20th, and that Sergeant Hallam said to him on his arrest, when he (the prisoner) asked what was on the bill, "There is something about J. H. Marshall on the front," and that he repeated the name after him.
Evidence, for the Defence.
GEORGE EDWARD DICKS . I am a comedian, and live at 36, Dorothy Road, Lavender Hill, Clapham Junction—I have known the prisoner for about three years—I heard of his arrest the day after it—the prisoner on Friday, February 10th, was at my mother's house—in the evening he went out with my sister—he came back at night and slept there in a top room—next morning I breakfasted with him between 9.30 and 10—after, we went to the Free Library—we then returned—we stayed indoors a little while and then went to the railway station and bought a paper—the prisoner came with me out of the station, and said he was going to the South-Western Photographic Stores—that was about 11.20—I went home—about twenty minutes after I again saw him at our house with a camera—I took his photo, and he took mine, which took us up to dinner time; that was about one o'clock—the prisoner was in my company from the time he rejoined me, up to dinner time—dinner took about thirty minutes—he went out before me, about 1.40; he said he was going to a matinee—he came back about 2.20, and he was in the house until the evening—when he came back he had with him a rough proof of a photo of a lady)'; it was an enlargement—he told me it came from the South Western Stores, Mr. Jackson's—in the evening the prisoner, myself, and my sister took the proof to the Metropole Theatre, and we stayed there all the evening—we three came home together—I am certain the prisoner was in our house from 11.40 until after dinner.
Cross-examined. I called on the prisoner in prison the Monday after his arrest—I saw a letter he wrote to my sister—he said in it what his movements were on the Saturday, and it is very like what I have said—it is the truth—the prisoner went to the Crystal Palace on Thursday, February 18th—I do not believe he stayed at our house that night—
dinner on the Saturday was about one; I am not mistaken in the time because of going to the matinee—the prisoner was away from me in the afternoon over half an hour; I have made a little mistake; the first thing in the morning it was twenty minutes.
Re-examined. What I have said of the prisoner's movements is the truth, and I did not want the prisoner's letter to remind me.
MINNIE LOUISE HINTON . I am the wife of Reginald James Hinton, of 36, Dorothy Road, Lavender Hill, Clapham Junction—the last witness is my son—I have known the prisoner for some time—he is no relation of mine—I remember Friday, February 19th—I saw the prisoner all day—that night he came to my house from the theatre with my daughter—he stayed that night at my house—I came down next morning about 9.45—he had breakfast with my son—he went out afterwards with my son—they came back shortly after—they went out again together—my son came back first between eleven and twelve—the prisoner came in about fifteen minutes after with a camera—the prisoner and my son took photographs until dinner time, which was 1 to 1.15—we were not long over dinner—the prisoner went out again about 1.45 to 1.50—I next saw him at 2.40—he had brought a photo with him of the wife of the manager of a company playing "A Sailor's Sweetheart" at Camberwell—in the evening the prisoner took the photo to Camberwell—I am quite sure that from the time the prisoner-came back with the camera until after dinner he remained in my house.
Cross-examined. I saw the letter written by the prisoner to my daughter, giving his movements on Saturday, February 20th—the statements there are quite true—I did not know when I saw it, that he wanted me to come and say so—I should not have come if I did not want to speak the truth—I gave evidence in support of an alibi once before in this Court, the charge being one of bank forgery—the prisoner on that occasion was convicted—I also brought my daughter to give evidence—she is here to-day.
Re-examined. I am positive of this Saturday, because I had to get extra things for dinner.
ROSALIE JANE HINTON . I am a daughter of the last witness, and have known the prisoner for some time—I remember seeing him on February 10th at our house—he went to a theatre that night with my sister, and stayed at our house that night—he came down to breakfast about ten—after, he and my brother went out—they were not away very long—they went out again together; then my brother came back alone, and the prisoner followed about ten or fifteen minutes after with a camera—he took photos with my brother—they were at home all the time, taking the photos and developing them, till dinner time, which was about one—the prisoner came back with the camera between eleven and twelve, and was in the house right up till about 1.45—he then went out and came back about 2.30 or 2.45—he brought back an enlarged photo from the Photographic Stores.
Cross-examined. I saw letters from the prisoner to my sister, and read them—I volunteered to give evidence before the Magistrate—there is, I
think, a mistake in the letter about taking the dog out—I think that was a different day—the rest is true—I was sorry for the prisoner—I was anxious to speak the truth when I found I could do so.
ANNIE LOUSE HINTON I live at 36. Dorothy Road, Clapham Junction, and have known the prisoner some time—I remember seeing him at our house on February 19th—I went to Kennington Theatre with him—he saw me home and stayed the night at our house—next morning he breakfasted with my brother about 9.30 to 10—afterwards they went out together and came back together—they went out again, and my brother came back, the prisoner following a few minutes after, about twelve—he brought a camera with him—he and my brother took photos till dinner time, which was 1 to 1.15—the prisoner was in the house all the time—he went out again about 1.45 or 2—he brought a photo back with him.
Cross-examined. The prisoner and I have been very great friends—we have several times been out together—on the day he was arrested I was out with him in the morning—on the Thursday before we all went to the Crystal Palace—when I got the letter from the prisoner I knew if I could speak the truth I should do so—the letter is correct except in the incident of the dog—I gave evidence in this Court on a previous occasion.
JOHN HENRY JACKSON . I am a photographer at 14, St. John's Hill, Clapham Junction—I have known the prisoner for about twelve months as a customer—I have my books with me—I have nothing on February 20th—on the 18th. I find. I took in a print to make three enlargements of—it was a lady's photo—on the Saturday morning, about 11.30, the prisoner came in and looked at them—they were not quite ready, and he left them—I lent him a camera—I next saw him between two and three—he took away one of the enlargements.
Cross-examined. I was asked to give evidence three days ago—I remember the times because my wife had not returned from London.
He then PLEADED GUILTY to a conviction of felony at this Court on June 22nd. 1903. Five years' penal servitude.
FOURTH COURT—Wednesday, March 23rd, 1904.
Before J. A. Rentoul, Esq., K.C.
321. HARRY FAULKNER IRVINE (28) . Embezzling £7 19s. 9d., £12 14s. £12 (is.10 1/2 d., and £(. received by him on account of the National Cash Register Company, Limited, his employers. Second count, Converting the said moneys to his own use and benefit.
MR. WARRY Prosecuted; MR. WARD Defended.
FRANCIS SIBBALD . I am a District Instructor in the employ of the National Cash Register Company, Limited—the prisoner entered the school of the Company in September—he received a book containing the full regulations and instructions of the Company, with which it was his duty to become acquainted (Produced)—he was in the school till October
20th, and then he worked under me in a district in North London—his duty was to sell cash registers under my direction, receiving 12 1/2 per cent, commission—any money he collected he was to turn into the Company the same day that he collected it—he made daily reports both to the Company and myself—this is an account of the sums I advanced him in cash and the commission he earned while he was with me (Produced)—on October 22nd I advanced him £1 10s., and I also advanced him for subsistence on October 24th, £3; October 30th. £3; November 7th, £3; November 14th, £3; November 21st, £3, which, with the £1 10s. on October 22nd, makes £16 10s.—he was credited with £6 16s. 5d. by way of commission on Sackett's and Dale's contracts which he had obtained—he owed me, therefore, £9 13s. 7d., which by Section 16 of his contract the Company were to pay to me and charge him with—he did not come to the office on February 1st, and I wrote him on February 3rd, asking him to do so, but he did not come—I saw him a few days afterwards, when he promised to come at 2 p.m. the same day, but he never came—on February 20th I met him in the street and gave him into custody—I have never failed to account to the Company for any moneys which I have received from the prisoner on their behalf—this is his contract with the Company, signed by him and dated December 1st, 1903.
Cross-examined. I have not charge of the school—the prisoner is an American—he was in my employ from October 20th to December 1st, when he entered into a contract with' the Company—I was getting 20 per cent, commission—I advanced him money out of my own pocket, and I expected to get it back if he made any sales, on which I made 7 1/2 per cent. profit—between October 20th and December 1st he paid me various sums he had received from customers—I did not give him receipts for those sums, but he could have had them if he had asked for them—I cannot at present find the rule in the decision book where it says that he must ask for receipts—he did not give me receipts for money I paid to him—I do not keep my accounts in a book—the traveller would soon find if there was a mistake or not—if he collected £10 from a customer and only sent a receipt for £5 he would hear of it—I have nothing to do with the engagement of the men—he did not get many orders when he was in my employ—it was I who really got Sergeant's order, which was taken in another agent's district, and which the prisoner had no right to take—I was not entitled to take it either, and I did not claim any commission for it, so there was no reason why he should—I was sales agent at that time—he obtained Mrs. Sackett's order while he was in my employ, and £5 5s. commission was due to him—he was also entitled to some commission on Dale's order—he is not entitled to any commission on Evans & Son's order—he did not introduce the customer; I did—he went to them after I did, when he was instructed not to do so—he is entitled to £6 16s. only for commission—I know nothing about a customer named Shickle; that matter did not come within my department—I sold a cash register to Dally, a customer, and he paid something on account—I did not forget to credit him with the amount, nor have I ever said that I did—I do not know anything about Sackett beyond that the sale was made and I credited
the prisoner with the commission—I do not know how much the Company owes him.
Re-examined. I was appointed a district instructor on December 1st—my duties are to instruct the men in the field in selling registers outside, and helping them generally.
SARAH SACKETT . I live at 74, Seven Sisters Road, Holloway—I entered into this contract (Produced) with the National Cash Register Company on October 27th to hire a cash register—I was to pay five guineas down and three guineas a month in advance—the following are the sums I paid the prisoner: November 5th, £1; November 17th, £4; November 20th, £5; November 30th, £5, for which I have receipts from him in his own writing (Produced)—on November 30th I also have a receipt for £4, which he paid himself because I wanted the machine for £36—the original price of the machine was £42—the next time he came I told him that I had heard I could get the machine for £36—he said he would pay £4 out of his own pocket, and gave me a receipt for it—I said I could not pay ready cash, as I had not got it in the house—he told me not to distress myself, so I paid these various sums on account of the £36—on February 6th I paid another £4 to him. for which I have a receipt (Produced)—I gave him £2, for which he promised to get my son a berth in the National Cash Register Company, for which I hold an unstamped receipt—he had not a stamp, and seemed too ill to get one, so I took the receipt unstamped—he did not obtain my son a berth, as he had promised.
Cross-examined. I paid the prisoner in all £30 5s.—I had these receipts from the Company (Produced), which he told me to take no notice of—I understood I was buying the machine from him.
Re-examined. I have only received receipts from the Company for £5 5s. and two sums of £33s.
JOHN ALLAN' DALE . I am the landlord of the Mother Shipton, Prince of Wales Road—I entered into this agreement (Produced), dated December 2nd, 1903 with the National Cash Register Company, Limited, to purchase a register—I was to pay five guineas down and three guineas a month in advance for seven months—I paid the prisoner the five guineas—on December 11th I paid him £2 5s.; December 22nd, £2 2s.; and on December 29th, £8 11s. 9d.—these are the receipts for those amounts signed by the prisoner in my presence (Produced)—the reason I paid him those amounts was that he told mo if I paid the full amount by February 1st there would be 10 per cent, discount allowed me—I paid him five guineas just after Christmas, but I cannot produce the receipt—I believe I have one receipt from the Company for £2 2s.
Cross-examined. I believe I have also a receipt from the Company for £5 5s.—my contract says: "This agreement is subject to confirmation by the Head Office in London."
WILLIAM HENRY HAMMKTT . I am the landlord of the Salmon and Compasses, Penton Street, Pentonville—I entered into a contract on January 6th, 1904. by which I agreed to take a machine at ten guineas down and six guineas a month—I paid the deposit of ten guineas on January 6th, and on January 23rd I paid the prisoner £3 3s. for a change rack to go on
the top of the machine, and on January 31st £9 3s. 10 1/2 d.—these are the receipts signed by the prisoner (Produced)—I had been trying to sell the prisoner some tools, and he said he would put me on the best possible terms he could, and that he could get me a discount of £9 4s. 6d. by paying four monthly instalments of £19 13s. 10 1/2 d.—I have never received any receipt from the Company for money I have paid to the prisoner.
Cross-examined. I had a letter from the Company about a week after, and I went up and saw them—they told me that they could not agree to the terms, and I had to go back to the old agreement—the £9 3s. 10 1/2 d., that I paid the prisoner was to make up the first monthly instalment.
COLIN JAMES WATT . I am cashier of the National Cash Register Company, Limited—when a salesman collected money he would, as a rule, pay it over to me or to my assistant, Mr. Smith—the salesman makes out a slip with the name and address of the customer and the amount—if he does not do it, we do it for him—that slip is handed over to the book-keeper who enters it into a cash book—when a salesman makes a contract he lodges it with us together with the amount he has received—his commission is made a note of on the face of the contract—I have examined the books with regard to Mrs. Sackett's account, and find that she had agreed to pay five guineas down and three guineas a month—according to this account, which is a copy of the Company's books, she paid £5 5s. on October 29th, £3 3s. on December 1st. and £3 3s. on January 11th, which sums the prisoner handed to us—if she paid the prisoner £19 in cash besides the £5 5s.—the prisoner must account to us for the difference between £6 6s. and £19, which is £12 14s.—there is no note of our having received that £19—the prisoner paid us on account of Dale £5 5s., and on January 4th £2 2s.—we credited him £2 17s. that Dale had paid for supplies—if he received £12 18s. 9d. beyond that he has to account to us for the difference between that and the £4 19s., which is £7 19s. 9d., for which the Company's books show no receipt—Hammett entered into a contract to pay ten guineas down and six guineas a month—the only sum the prisoner paid the Company on his behalf was ten guineas—if he were paid £12 6s. 10 1/2 d. over that he has still to account for it—on February 6th his contract was cancelled—I did not see him at all after January—during the time men are learning in the school it is customary to advance them £2 a week for subsistence—I produce the account showing the amount advanced to the prisoner for subsistence while he was in the school, from September 9th to October 20th, and while he was directly under the Company from December 4th onwards—on one side are the amounts he was entitled to for commission up to February 23rd—the balance shows that the prisoner owes the Company £17 13s. 2d., to which has to be added £9 13s. 7d., the amount advanced to him by Sibbald, and a sum of £5 18s. 1d. which has been credited to his account twice for commission—I found that a Mr. Jones had agreed with the prisoner to exchange a machine, and this led up to the mistake—these sums together make £33 4s. 10d., being the amount over advanced to him, to which has to be added £39 0s. 7 1/2 d., money he has received and not handed over; therefore when he left he was owing the Company £72 5s. 5 1/2 d.—according to his contract we should pay back Mr. Sibbald
the £9 13s. 7d. advanced by him and charge the prisoner with it—I have prepared a prospective commission account showing the commissions the prisoner would he entitled to in the future if the full money on the contracts were paid (Produced)—it shows that he would have been entitled if he hail stopped with the Company to £33 17s. 11d. prospective commissions—we have credited him with this, although the contracts were not completed—deducting from that his liability to the Company of £33 4s. 10d., it would leave, as owing from the Company to him, the sum of 13s. 1d., against which, of course, has to be put £39 0s. 7 1/2 d., moneys unaccounted for—we did not give receipts to the prisoner unless he asked for them, which, to my knowledge, he never did—he never complained that there was any mistake in his accounts—we send receipts to the customer, therefore if there were any irregularity he could find out from the customers themselves what sums had been paid—the regular discount is 5 per cent, for cash, and we recognize no other discount—I have never received any money from the prisoner without entering it on a slip and sending it to the book keeper to be entered.
Cross-examined. I have nothing to do with the school—there are eighteen or twenty scholars there—each one is examined in the primer before he leaves the school—he is not required to know it verbatim; he is supposed to study it—I have an assistant who helps me—Mr. Veitch, Mr. Smith and Mr. Evans are the only ones authorized to receive money—Mr. Groves, the secretary, could receive money, but has not done so for the last six months—Mr. Ingram and Mr. Knowles could also receive money, but they are not authorized, and very rarely do so—none of them give receipts unless asked for—we might make mistakes as to book keeping sometimes, but not with regard to cash received—I do not recollect any complaint being made by Mr. Dally, a customer, of having paid some money without being credited with it—I remember the case of Shickle—we did not write to him complaining that he had not paid £6 6s. when he had done so; that letter was with reference to another contract altogether—there have not been any cases to my knowledge where an agent has paid in money and has not been credited with it—I have been with the Company three years—that account is not made up by me, but I know that it is made up from various postings from the day books and cash books—if an agent paid us £10 and by mistake he was not credited with it there would be no proof that he paid it unless he had a witness—we have never had any complaints—entering the amounts on a slip and passing them on to the book keeper is a system that has always answered—I have heard that the prisoner claims that the Company is in his debt—he was in our employ up to October 20th, being in the school—I have never heard of Sergeant's account before—the prisoner was not entitled to any commission on Evans & Son's order: the sale was made in the office—the supplies were not always charged to the agents' accounts—the rule as to supplies is if an agent gets supplies he has to pay for them, and if he does not pay for them the Company debit him with it—as regards Hammett's account, we did not refuse to take the £9 3s. 10 1/2 d., as we did nor know Hammett had paid it—the £3 3s. for supplies was not charged to the prisoner's
account—I had nothing to do with his references—I had nothing to do with the fidelity bond—I know that we charged him £2 9s. 6d. for it—it is not for me to say why we have not made any claim on the Fidelity Company—we have made the prospective commission account separate from his account with the Company because the prospective commissions might never have come to anything—"unshipped" means that the Company has an order for a register, but it has not been delivered—"shipped" means that it has been delivered, but no cash has been paid—we leave it entirely to the agents to make inquiries as to the customers' standing—until the whole amount is paid the agent is not entitled to get full commission—the prisoner is not entitled to commission on repeat orders, as he has left the Company—he was a first class agent—I do not know what—money he spent in getting orders—only a small part of the work is public-house work—no expenses were allowed to agents—he was charged for the hire of a brougham—the £2 17s. for supplies charged against him in Hammett's account should have been recovered from him at the time.
Re-examined. The prisoner has never complained to us that he had not been given a receipt, or that we had not credited him with payments that he had made—when we found that Hammett had paid £9 3s. 10 1/2 d. the prisoner could not be found—we have debited him with the amounts that he has had by way of supplies.
Cross-examined. I have power to receive money, but I never do—the rule is that the Company is to give receipts to the agents whether asked for or not.
Re-examined. Receipts are sent to the customers.
Cross-examined. I would not give him a receipt for what he had paid; that would go to the customer.
Cross-examined. I would not have given him a receipt unless he had asked for it.
Re-examined. The prisoner has never complained that he had not had a receipt.
ERNEST MORRIS . I am book keeper in the employ of the National Cash Register Company—I heard Watt explain in the police court that slips of the amounts of the salesmen's payments in were sent in to me to be entered up in the books—I have from time to time received slips of payments in by the prisoner, and have never failed to enter in the Company's books the amounts entered on the slips.
Cross-examined. I am in the same office as where the slips are handed in—I have been employed in the Company since November 2nd—I have
never heard any complaint about mistakes with respect to money that has been paid in not being entered.
DEFOREST WEAD SAXE . I am the managing director of the National Cash Register Company, Limited—I received these two letters from the prisoner (Produced)—I gave instructions to my assistant manager to dismiss him on February 6th.
Cross-examined. I had nothing to do with the engagement of the prisoner.
ADAM HORACE VEITCH . I am the secretary of the National Cash Register Company—I have from time to time received moneys from the prisoner on behalf of the Company, which I have never failed to pay in to the treasurer, Mr. Watt—I did not give him receipts for such money paid, and he did not complain of not having had receipts; neither did he complain of having paid sums without their being accounted for.
Cross-examined. There was a receipt form, which he could have filled up and had signed—there is a rule that the agent is entitled to ask for a receipt—I cannot recollect where it is for the moment—I did not engage the prisoner—he must have had references, or he would not have been employed.
By the COURT. The agent fills in this receipt form when he brings in the money.
Re-examined. The receipt form has been brought to the prisoner's attention, but he has never asked for it.
JOSEPH SIMMONS (Sergeant D.) About 4 p.m. on February 23rd I saw the prisoner detained at the King's Cross Road Police Station—I told him I had a warrant for his arrest, and read it to him—he asked if he could be allowed to engage counsel for his defence, and I said, "Yes"—on the way to Tottenham Court Road Police Station he said, "I am surprised at the Company issuing a warrant for my arrest, as the Company already hold money of mine more than is sufficient to cover the amount in the warrant"—when charged at the police station he made no reply—I found upon him 7s. 6d. in silver and this bundle of letters (Produced).
The prisoner, in his defence on oath, said that he had given seven or eight references to the Company, which had proved satisfactory; that he had obtained most of his orders from publicans, but that in so doing his expenses in treating were very heavy; that he obtained no extra allowance for these expenses; that he also had to pay for the hire of a brougham, and for the driver's dinner and refreshment; that he had been complimented by the Company on the number of orders that he had obtained; that he had received no instructions as to whom he was to pay moneys he had received from customers; that he had paid different men nearly every time either in the office or sales room, and that sometimes he had paid Sibbald in public houses or in the brougham: that he had obtained no receipts for such money paid in, and could not remember any particular item: that he had a book in which these amounts were entered, but that he had not Urn allowed to get it: that with regard to Sackett's account, he had paid £4 out of his own pocket in order to effect a sale, as she would not pay more than £36 for the machine; that he had allowed her 5 per cent., which he was allowed to do, if she paid the money
within thirty days, which she did not do; that all moneys he had received from her he generally paid a day or two later into the Company; that with regard to Hammett's account, he had made an agreement with him that he should pay ten guineas down and eight guineas a month, which was subsequently altered by the Company, and that they would not recognise the £9 3s. 10 1/2 d. he had received on that contract; that the £3 3s.worth of supplies had already been charged to him; that with regard to Dale's account, he had changed a 12 guinea register to a 25 guinea one, and made an arrangement with him that if he received £8 odd and £10 within thirty days, which was not paid, he should not be charged with £2 17s. for supplies, as he had already been charged with it; that if he were credited with all the commission he was entitled to, the Company would be indebted to him; that he owed money in America, but had not remitted a penny since he had been here; that he had left his old address because he owed two weeks' rent; that when he wrote to the Company he had not yet found a new lodging; that the reason of his absenting himself from the Company was that he went to see a relative in the country, and that on learning his contract had been cancelled he had written to Mr. Saxe for a private interview.
GUILTY . Three months' hard labour.
OLD COURT.—Thursday and Friday, March 24th and 25th, 1904.
Before Mr. Justice Grantham.
MR. MUIR, MR. A. GILL, and MR. GRAHAM CAMPBELL Prosecuted, and MR. ELLIOTT and MR. FITCH Defended.
The case being one of causing abortion, the evidence is unfit for publication.
GUILTY . Seven years' penal servitude.
NEW COURT.—Thursday, March 24th, 1904.
Before Mr. Recorder.
323. JOHN GEORGE SNELLGROVE (30) PLEADED GUILTY to burglary in the dwelling-house of Thomas Robert Craxton, and to having conspired with Herbert Holder and John Allsopp to break and enter the said dwelling house with intent to steal. (See next case.)
MR. BOYD Prosecuted; MR. MUIR and MR. JAY appeared for Snellgrove, MR. W. B. CAMPBELL for Holder, and MR. THOMPSON for Allsopp.
WILLIAM JOHN TURNER . I live at 8, Everington Street, Fulham Palace Road, and am an electrician employed by Mr. Robert Dean, the freeholder of the Greyhound public house in the Fulham Palace Road—the house has its own electric installation—I have been in charge of the
electric engine and batteries for the last eighteen months—Snellgrove, who has pleaded guilty, acted as bar manager from June to December, 1903—Holder used to come to see the manager—he was a friend of Snellgrove—he used to come and have his meals with Snellgrove—he was introduced to me as an electrician—after Snellgrove left the house as manager he visited it as a customer with Holder—on February 3rd Holder came to me in the engine room—he asked me how the plant was running, and after we had talked about the plant we went into the saloon bar and had a drink with Snellgrove, who was in the bar—we talked about putting an installation in a place at Wandsworth, and they wanted to know if the accumulators at the back of the premises were for sale; I told them I could not tell—when we said good night, Holder asked me if I wanted to make £20—I said, "If it is in a straight way of business, I must see my way clear of doing anything, I am the man for you"—he asked me if I could remove the safe—I said, "No, that is impossible; it weighs about two tons"—the safe is near what is called the "busman's bar"—Holder said, "Well, we can open the safe"—I said, "That is impossible if you have not got the key"—Snellgrove said, "Let us go to the back"—that meant to the middle factory—when we got there Snellgrove said, "We are all together," and put his hand in his pocket and produced a key—Holder asked Snellgrove where he got it from—Snellgrove said, "I cut it"—Snellgrove put the key in my hand—I recognised it as a duplicate key of the safe—by this time I had made up my mind what to do—they promised to see me the next day—about a quarter of an hour after they had gone I told the bar manager, Mr. Trumper, what had taken place—Mr. Trumper succeeded Snellgrove—Mr. Craxton, the manager, was out—I told him about it on the 4th—what I did afterwards was under the instructions of my employer, Mr. Craxton—on February 4th I got a message to go into the saloon bar, where I saw Snellgrove and Holder—I remained with them—Snellgrove said, "Have you done anything?"—I said, "No"—Holder produced this key from the back of his hat, with a rim round it, a master key—it will open every door in the building—he asked me to try it—I tried it in the luncheon room door—I found that it locked and unlocked it—he replaced it in his hat—they left the bar after promising to make final arrangements the next night—Snellgrove had told me when we were in the back premises that they were going to come in and open the safe and steal the money from it—the next night, February 5th, I was standing outside the bar door with my wife when Snellgrove got off a 'bus about 7 or 8 p.m.—he invited me, my wife, and a friend in to have a drink—after the drink my wife and the friend left me with Snellgrove—I asked him where Holder was—he said, "He promised to meet me here about half past seven, to make arrangements"—Holder came about an hour after that—I went into the engine room—Snellgrove said, "Holder made arrangements to meet me in Dorset Lane, commonly called Crab Tree Lane, at 1 o'clock"—that is just across the road—Snellgrove asked me if Craxton was away—I said "Yes, he had to go to Swindon"—he lives next door—the house is full on a Saturday night—he said,
"I am going to open the safe"—I said it would be impossible, because Craxton would have No. 2 key with him"—the safe is double locked; if No. I key locks it, No. 2 key cannot open it—during the day it is locked with No. I—it is locked with No. 2 when Craxton, the general manager, comes round after closing time, after the money is put away—Craxton holds that key—the bar manager holds No. I—as arranged, I met Snellgrove and Holder in Crab Tree Lane on the morning of February 7th—Snellgrove said, "Well, Bibley, is the coast clear?"—Bibley is my nickname—they were standing side by side, and Holder could hear—I said, "Yes, certainly. Mr. Craxton is at Swindon"—Snellgrove asked what time they should come—I said, "About 2 o'clock."—we did not go at once because the bar is cleaned every Saturday night, and it takes till about that time—Snellgrove said, "The job will be done to-night"—I went back to the house and finished my work—I informed my master and Inspector Collins of everything as it happened—at 2 a.m. I was outside my house talking to the potman—I heard someone walking down the road very quickly—the public house was all in darkness—I had finished about 1.30 and turned the lights out—I went inside my own house in Greyhound Road, about 100 yards off, with the potman—a light is left in the saloon bar, and there were several lights up stairs—there are lights in the bar all night—when I was inside the house I heard a low whistle—Holder came up to me and said, "Mr. Trumper, the bar manager, has not gone to bed yet"—his light was not out in his bedroom—immediately after that Snellgrove came along and asked if I was selling them—I said, "No, I am not"—he said, "We will let it stand for about an hour or so"—it had been arranged on the Sunday morning that they were to come into the house through the pothouse door into the yard—that is at the side of the house—I was to leave the bolt and the night latch off, so as to leave it unfastened—two police officers near the Greyhound Road asked me what I was hanging about for, and what I was doing there—after I had spoken to them I went back to the Greyhound, where five officers were concealed on the premises—I went upstairs into the dining room for five or ten minutes—looking out, I saw Holder coming from Putney way up Crab Tree Lane, and double back and go towards Hammersmith—nothing was done that night—at 9 p.m. on February 7th Holder came into the bar of the house with Allsopp, who was a stranger—Holder introduced him to me as Mr. Johnson, an electrician—Holder said, "Do you mind letting Mr. Johnson see the electric plant?"—I said, "No, I do not mind," and we all three went into the engine room and then came back into the saloon bar to have a drink—I left Holder in the bar, and Allsopp and I went into the luncheon room—Holder asked me if anybody knew about their trying to come in—I said, "Nobody knows"—he said, "I intend to sing small till next Friday night"—that meant that he would keep away from the house, I suppose—he said they had been disturbed on the previous night by a police officer—he said it would be best for me to let them in through the mineral water factory door in the Aspenley Road, which would lead into the passage by my engine room into the concert room, and then into the luncheon room and into the bar—these premises adjoin, though they are not
actually attached to the house—we then went from the factory into the stores of ginger beer and lemonade boxes, and had a conversation about their getting in—Holder told me he had been there before, and that there was a difficulty in getting through the opening in the window there, so an arrangement was made for them to come in through the factory door, which I was to leave open—then we went into the saloon bar and said "Good night"—Holder joined Allsopp, and they went away—on Friday. 12th, Holder came into the saloon bar—he arranged that Snellgrove and he should come in on the Sunday morning by the factory gate about 12 o'clock, and that I should leave the gate open—on Saturday night, February 13th, before 12 o'clock, I saw Holder and Snellgrove and another man—I followed them up Crab Tree Lane—I could not recognise the third man as Allsopp because it was dark—I said "Good evening; who is this other man?"—Holder said, "It is a friend of ours; we have been to Putney: we have been having a game of billiards; he has followed us down here, but we are going to get rid of him"—I then left them and went and undid the factory gates and let them in there at 11.50—we then went into the workshop over the factory—I left the lock undone—they had the master key to come into the Greyhound by going through the store room up a small flight of stairs, and through a passage into the big room—they waited till the lights were out—that was to be the signal—I went into the bar, turned some of the lights out, and stopped there till 1.15. when I shut my engine off and the lights went out—then I went outside with the potman, and Detective Hall and I kept observation on the factory—I saw Allsopp loitering under a lamp post about 2 o'clock, about 100 yards from the house—he was making a cigarette—I spoke to Hall—I saw Allsopp arrested—Hall asked me if I recognised him—I said, "Yes, I recognise him as being with them"—I was with Detective Collins when the detectives brought Snellgrove and Holder out of the house about 2.30—I saw them outside in custody—Holder had produced this revolver to me on several occasions—he said if I rounded on him he would shoot me—I have cleaned it for him—he used to carry it in his hip pocket—he took it out of his hip pocket when he said, "If you put us away, when we come out I will shoot you"—(The revolver was nickel plated; another smaller revolver was also produced.)
Cross-examined by MR. CAMPBKLL. I am good friends with Holder—I was good friends with Snellgrove when he managed the Greyhound—he visited a lady at my house—I looked upon him as an honest man—I have borrowed a sovereign of him and paid him back—he paid my wife half a sovereign for having the young lady at our place as a lodger—I have been at the Greyhound longer than Snellgrove—I have seen the keys lying on the counter at closing time in a bunch—I only locked up one door—that led from the passage from the engine room to the concert room—I have cut a key—before I was employed at the Greyhound I was an engineer—I was a wood machinist for the London County Council—I was employed at Leslie's, the contractors in Kensington Square—I got my nickname Bibley since working at the Greyhound—I belonged to an amateur boxing club—Snellgrove visited his young lady at my house as
late as 12.30—I do not know that he came with Holder—Snellgrove said he lived at Holder's house—I believe Holder is married, and has two children—Snellgrove could come into the Greyhound at any time when he was manager, but not since he left—I have no recollection of having seen him there after twelve since he left—I thought there was something wrong about the £20 offer—when I saw the keys on the counter then were about sixteen on the bunch—I noticed the safe key because it is an extraordinary make—I am a mechanic—I have seen Snellgrove lock the safe—I was shocked and astonished at seeing the key produced—I took the prisoners to be honest men—what was the good of my reproving them when four or five innocent men might have been charged; I thought my duty was to tell Mr. Trumper and Mr. Craxton—I did not pretend to be in the swim with them—I never had a revolver—Snellgrove, Holder and others have practised shooting at syphons in the yard—I knew Snellgrove always carried a revolver—he produced it to me in the factory on the 13th, the night they were arrested—I have seen bullets like these produced—I believe a master key was lost from the Greyhound—I altered an old key into a master key with the manager's permission and in his presence.
Cross-examined by MR. THOMPSON. I have told you all I know about Allsopp—I did not mistake his name, John Allsopp, for Johnson, when he was introduced.
The COURT intimated that in the absence of further evidence Counsel need not labour the case on behalf of Allsopp, as there was no evidence that he was present at any conversation arranging for the robbery.
THOMAS ROBERT CRAXTON . I am general manage to the firm who own four public houses, including the Greyhound, and the mineral water manufactory in and near the Fulham Palace Road—Snellgrove was bar manager till the first week after Christmas last, and had access to the safe with one key which would not unlock it if I locked it with my key—on February 4th Turner made a communication to me, and from that date acted under my instructions until I communicated with the police, when he acted under their instructions—on February 7th I sat up. expecting an attempt would be made on the safe—I saw Holder and Snellgrove walking about together opposite the house from about 2 a.m. till 4.30.
Cross-examined by MR. CAMPBELL. The bar manager kept his keys on a bunch—I have not known him leave them about—the bars are cleaned on Saturday nights after the house closes; when that is finished Turner turns out the electric light.
Re-examined. About £100 to £150 is stored in the safe on a Saturday night.
THOMAS TAYLOR (Sergeant T.) On February 14th, about 2 a.m., I was in the Greyhound public house, secreted with other officers in a large room at the back of the bar, from about 12.45 a.m.—the lights were turned out rather before 1.45—the door which led from the engine room into the large room was locked—I saw Turner come through the room and lock it—almost immediately after he had gone I heard someone in the engine room—shortly after 2 a.m. I hoard two persons walking up to the door that
we were near—it is the billiard room, and was empty except for a lot o. chairs, it had probably been used as a concert room—I heard the key being put into the lock and turned, and the door open—I saw Snellgrove enter with this electric lamp in his left hand—I went for him and shouted, "I have got one; go for the other man," and the officers went after him—later I saw the prisoners at the police station—the second man came through the door—this key was in the lock.
Cross-examined. There were four officers lying close to the wall behind the door—a policeman's lamp was turned on as prearranged—we were in the dark till then—I heard four footsteps of two persons—this small revolver I found on Snellgrove, loaded in six chambers—this larger one was found at Holder's house, where Snellgrove lodges—it was handed to us by Holder's wife.
GEORGE WESTON (Detective T.) I was with Taylor and the other officers in this concert room when Snellgrove came in with this electric light about 2.13 a.m. and was arrested by Taylor—Hayes turned on a light as Snellgrove passed me, and the light shone on Holder's face—he was about a yard behind Snellgrove—I rushed to get hold of Holder, but he bolted—I followed him through the engine room passage and found him detained by Channon outside—I took him into custody, assisted by Bedford—he said, "This is doing a pal a good turn."
Cross-examined by MR. CAMPBELL. Holder was searched—no firearms were found on him—I had been waiting from 1.50 a.m.—the previous week we had waited for two hours—I stood on the right of the door—I heard two people in the other room—that room is paved, I believe—I never lost sight of Holder.
JOHN CHANNON . I am the licensee of the Builders Arms. Bridge Road, Hammersmith, and am a friend of the licensee of the Greyhound—on February 14th, by arrangement, I was standing outside the Greyhound about 2 a.m. with Craxton, the manager of that house—soon after 2 a.m. I heard a whistle, then I ran to the Aspenley Road—I heard someone shout, "Look out, I have one; the other is coming that way," and almost immediately Holder stepped out of the gateway—I caught hold of him—he only said, "Don't twist my arm"—I said if he did not keep still I should twist it a little more—I gave him over to Weston.
Cross-examined by MR. CAMPBELL. A minute or two may have elapsed between the cry and Holder stepping out of the gate—he may have hid behind the vans in the yard.
ISRAEL BEDFORD (Sergeant T.) I was with Taylor and Weston in this concert room on February 14th, when Snellgrove was arrested by Taylor—Holder followed about a yard off—I could see his face but not his body, as he came through the door—he ran away—I afterwards assisted to take him to the station—I told him he would be charged with committing a burglary at the Greyhound Hotel—he said, "This is what you get for doing a fellow a good turn."
Cross-examined by MR. CAMPBELL. He made no reply when charged—I searched his rooms with Sergeant Taylor—Holder's wife handed me this revolver—he was carrying no firearms that night.
HENRY COLLINS (Inspector T.) On February 3th Turner and Craxton made a communication to me—from that date Turner acted under my instructions, and all the arrangements made for the nights of February 6th and 14th were carried out under my instructions—early on February 7th I was outside the Greyhound—about 2 a.m. I saw Holder and Snellgrove together—I watched them, knowing that I had officers concealed inside the house—both had silent boots, and their trousers were clipped round with cycle clips—on February 14th I did not go inside the house until I heard the whistle—I saw Allsopp outside—when I heard the whistle I went through the wicket door, where I found Snellgrove and Holder detained—I examined their clothing—both had rubber heels screwed on their boots, and their trousers clipped round.
Cross-examined by MR. CAMPBELL. I cannot say what useful, honest purpose silent boots would serve; I know police wear them at night—Allsopp said, "I am not guilty"—Holder said, "This comes of serving a pal"—they would have been arrested on the Saturday, but we wanted to get possession of the keys.
Holder, in his defence on oath, said that he had no idea that Snellgrove was out that night for the purpose of getting into the Greyhound and committing a robbery; that he never asked Turner if he would like to earn £20, nor so absurd a thing as to remove the safe, though he was willing to buy the accumulators; that Snellgrove invited him to the Greyhound, where he wanted to see Turner about a young lady; and that he was waiting outside the factory door for Turner to return to him, when he was arrested.
ALLSOPP— NOT GUILTY .
HOLDER— GUILTY .
SNELLGROVE and HOLDER (who received good characters)— Three years' penal servitude each.
NOT GUILTY .
THIRD COURT.—Thursday, March 24th; and
NEW COURT.—Friday, March 25th, 1904.
Before Mr. Common Serjeant.
MR. FRANPTON Prosecuted; MR. HEMMERDE Defended.
THOMAS GEORGE BROWN . I live at 36, Iverson Road, Kilburn, and am a motor car driver—I was formerly a gas fitter—I have been in the Army, and was discharged in July, 1902—in July, 1903, I saw this advertisement "A safe investment producing 10s. per week for every £10 invested, without risk of loss. Money withdrawable at any time. Address for full particulars, 'Chubb's,' Box 4046, Postal Department, Daily Telegraph, Fleet Street, E.C."—I answered it and got a reply from 14, Abbey Court, Abbey Road, N.W., also a circular signed, "Brown,
Bell & Co." (This explained a mode of speculation on the turf by means of a "favourite" system)—at the end of it were testimonials, but with no names or addresses, just the town given—I wrote for a reference, and received a reply from Brown, Bell & Co. referring to"—M. Oberlander, Esq., The Homestead, Oxford Road. Upper Teddington"—I went there, and saw the prisoner, who represented himself to be Mr. Oberlander—I told him I had been in communication with Brown. Bell & Co., and they had referred me to him—I asked him if he had had dealings with the firm, and if he found them satisfactory and always got his winnings—he said he had a considerable sum invested with them, and had found his dealings very satisfactory, and that on one occasion he was short of cash, and had applied to them for some of his capital to be returned, and it had been sent by messenger, so as to save time—this was to show how obliging they were—I believed all he told me—he represented himself to be a patent agent—I had no idea who Brown, Bell & Co. were—I went home and thought the matter over—I then wrote to Brown, Bell & Co., telling them I was satisfied with the reference they had given, and would commence business at once—in the same letter I forwarded £80 in bank notes—I received a receipt on July 27th, 1903—the next communication I had from them was a letter with £4, stating that it was a weed's profit on the money—I received no more profits for a time, and I wrote them letters—I got one reply, stating that they had sent letters which must have been lost through the post—I kept on writing them—I received this letter on August 14th, from 18, Featherstone Buildings (Staling that all winnings would be sent next week)—on October 15th I received a balance sheet from them—I should have had one every month, according to their circular—that showed a loss of about £32, the way they put it—I do not know whether any money was laid on any, of the horses mentioned in it, or whether losses or winnings resulted—I have received no other balance sheet—I asked for the return of my money, with no result—I called at 18. Featherstone Buildings, but saw only a lady typist—I left a note stating that I should communicate with the police, and received a reply that if I did so I rendered myself liable to prosecution for libel, and asked me not to call at the office again—they sent me £2—I wrote asking for £10 or £20 on account, but got no reply—I then communicated with the police and swore an information—I received some time in February a letter from a firm of solicitors which commenced, "We have been consulted by Mr. Oberland, trading as Brown, Bell & Co."—that was the first intimation I had that Brown, Bell & Co. and Oberlander were one and the same—I received altogether £7 from them—I have frequently applied for the return of my money, but without success.
Cross-examined. I understand nothing about betting—I did not understand there was some risk in the business: it did not say so in the circular—I believed by investing my £80 I should get £4 a week—the circular says what they will do, and that as they have any amount of money, it is impossible to lose—I did not understand the system of backing favourites—the prisoner told me he had invested money, and
had done pretty well out of it—I do not know whether it is usual for a man to trade in some other name; I have never given it a thought.
Re-examined. I did not know before that some people trade in different names and refer intending clients to themselves under another name—I believed this circular and the conversation I had with the prisoner.
ALFRED ELLIOTT . I am the caretaker at Abbey Court, Abbey Road, N.W.—I know the prisoner as. Otto Maltzam—he lived at 14, Abbey Court about November, 1902—he was not living there in July, 1903—as far as I know, he had no right to address letters from there or have any sent there—letters came there after he had gone addressed to "Brown, Bell & Co.," also to "Otto Maltzam"—I never knew him by the name of "Oberlander"—the letters were returned to the postman.
Cross-examined. There is nothing unusual in letters arriving after a tenant has left being forwarded on.
GEORGE EDWARD MARTIN . I am overseer at St. John's Wood Sorting Office—I have an official record of a notice received with regard to letters addressed to Brown, Bell & Co., at 14, Abbey Court—it says: "November 12th, 1902. Otto Maltzam, trading in the name of Brown, Bell & Co., from 14, Abbey Court, Abbey Road, to No. 2 Flat, 40, Foley Street, Langham Street, W."—on August 10th, 1903, a request was received from the prisoner to cancel this removal and for letters to be sent to the Dead Letter Office instead of being re-addressed.
ROSETTA SHARP . I am caretaker at 40, Foley Street. Great Portland Street—I was there in November, 1902—I know the prisoner, not as Oberlander, but as "Otto" and "Brown, Bell & Co."—he had no rooms there—letters came addressed to Brown. Bell & Co. and Otto Maltzam. which were delivered at No. 2 Flat, occupied by a Miss Paddey.
Cross-examined. I have heard that the prisoner has married Miss Paddey.
MARY ANNE BARNES . I am a widow, and am employed at the Compass Inn, Winsom, Totham, near Southampton—in October last I had a circular and other printed matter sent to the house stating that by sending £5 I could get 5s. a week—I read it through—I read that I could get my money back whenever I liked, and that the interest was certain—I thought it was genuine, and sent a £3 note to Brown, Bell & Co., at Featherstone Buildings—I said in my letter I should most likely increase it—I had this receipt of October 8th: "Received of Mrs. Mary Anne Barnes the sum of £5 for working system to have a return of 5s. per week less 5 per cent, commission, Brown, Bell & Co."—I got 4s. 9d. a week for three weeks, and then had a letter asking me to increase the amount, as the commission was so small it did not pay them—I wrote that it was quite as much as I could afford, but that I might increase it in January—I received no reply and no money from them—I wrote to them saying if it was too small an amount I should be pleased for them to return the £5—I had no answer—I then consulted a solicitor—it was in consequence of the circular that I sent my money—my solicitor saw an account of the proceedings against the prisoner in the paper, and I came up to London and gave evidence.
Cross-examined. I know that this business referred to horse racing—I read the document through—it was the interest I thought about—I did not understand what "getting on at flag fall" meant.
Re-examined. I read in the circular that it was not gambling, and that where there is a certainty it has been held in law there can be no gamble.
ALEXANDAR FERGUSON . I live at Salisbury—in September I saw an advertisement in the Daily Telegraph as to a, safe investment producing 10s. per week—I replied to it. and received a circular like this (Produced)—I read it through carefully and. believing the statements in it, sent a post dated cheque for £.30 to Brown, Bell & Co., at 18, Featherstone Buildings, W.C.—the cheque was passed through and paid—I got a receipt for it—I have received no profits, and have not heard any more of the money from that day to this—I wrote three letters to them at Featherstone Buildings, each being returned to the post office—I saw an account of this case in the paper and came up and gave evidence.
Cross-examined. I knew the money was to be invested in a horse racing system—I do not know. whether it would come under the term "betting"—I did not think I was embarking my money in a risky proceeding—I invested it for one week only, and at the end of that week I meant to ask for its return—I simply wished to test the system—I looked carefully at the system, and I thought that mathematically it was accurate, and that I could trust the prisoner with the money—I asked for the return of my money at the end of a fortnight, but my letter was returned through the post office.
Re-examined. The £.10 letter did not come back through the post—that went to Featherstone Buildings and stayed there.
EDITH HOLLEBONE . I live at "The Homestead," Oxford Road, Teddington. with my mother, sister and brother—the prisoner came to reside at our house in July, 1903—he told us he was a patent agent and also managing director of the Utility Company—some days afterwards he showed me a paper Which I thought was a prospectus of the Utility Company, and in it was written that he and a Mr. Cross were joint managing directors at £500 a year and part profits—I think this was about August 20th—he told me he wished someone would lend him £200 for business purposes—I asked him if it was for the Utility Company and that kind of business, and he said "Yes"—he also said he could not be a managing director for more than five or seven years. I forget which; the Government did not allow it—I believed what he told me. and got the money from my brother; he had £100 on. I think, August 20th, and £60 about August 27th by my brother's cheque—he paid back altogether £30—in October he had another £25 from my mother—apart from the £30. I have received nothing back.
Cross-examined. I knew the prisoner very well—I went twice to race-courses with him—I did not know he was betting a good deal—he told me once that he had to go to Holland about some betting transactions—I did not know he was in difficulties because the people there owed him money—I was not attached to him; I liked him—I did not offer to let him have the money, seeing he was ill and worried, and knowing it was for
betting—I saw once what I believed to be a prospectus of the Utility Company—he did not tell me he was anxious to be appointed co-director.
Re-examined, It was on the faith of his statement that he was the managing director of the Utility Company that I lent the money—I did not know he was carrying on a betting business, and he never told me so—there is no truth in the suggestion that I advanced the money because I was attached to him.
JOHN JOSEPH BERRYHILL CROSS . I am managing director of the Utility Company—I have known the prisoner since about February 8th, 1903—I have seen him a good deal since—he has written me a letter or two—the Utility Company import novelties and deal in foreign patented goods—the prisoner used to come to the Company's office almost daily from May, 1903, to write letters and that sort of thing—his connection with the Company was with me solely—the Company was registered in July, but there was no prospectus issued—he came to me the latter part of May with 100 to 150 envelopes—one had a name and address on. and he asked me if I would type the same on the others—he said he had promised to get them done for a friend of his—the name and address were Brown, Bell & Co., somewhere at Abbey Court—the prisoner was not appointed managing director of my Company—he has never been an officer of the Company in any shape or form—as far as I know, his name was never printed on any document as the managing director or co-director with me, not with my authority.
Cross-examined. The office at 5. New Oxford Street was taken in the prisoner's name—it was arranged that the prisoner was to find a portion of the preliminary expenses, and if he did he was to be a director with me—there was no printed memorandum or articles, to my knowledge, got out with our two names on it and the statement that we should receive £500 a year each—such a document would have correctly represented the state of affairs it he could have found a certain amount of money—he did not find the money—there was a proof prospectus in which the names were left blank.
Re-examined. I gave a copy of the proof to the prisoner, but there were no names in it—I have, been appointed managing director at £150 a year.
WALTER LEWIS KIRK . I am a cashier at the London and Provincial Bank. Twickenham—I produce a certified copy of the prisoner's account there—I knew him as a customer—he is the man who opened that account on July 27th, 1903, by a deposit of £75; the same day there was £60 paid in—August 1st, £20; on August 20th there is a payment in of two £50 notes—on August 27th there were three £10 notes paid in. and on October 31st. £25 paid in by cheque of Mrs. C. E. Hollebone; on October 2nd I find cheques paid in for £50 and £10—the one for £50 was A. Ferguson's cheque, payable to Brown, Bell & Co. on the Wilts and Dorset Bank, Salisbury, and the £10 was P. C. Calkin's cheque to Brown. Bell & Co.—there were thirteen cheques paid into the account, seven of them payable to Brown, Bell & Co.—the account was closed on December 31st, 1903—£713 was paid in altogether in cheques and cash, and all drawn out.
ERNEST BAXTER (Detective Sergeant, E.) I know the prisoner—I first saw him about October Kith, 1903—I called on him to make an inquiry at 18, Featherstone Buildings, Holborn—I went to see Brown, Bell & Co.—they occupied a third floor room—the first time I went I saw a lady typist only—I called again the next day and saw the prisoner—during a conversation with him I told him I was making inquiries, and asked who were Brown, Boll & Co.—he said he was the only representative of the firm—I left him, and he came to me here at this Court some few days later to see me on the matter I had inquired about, when he gave me to understand he was the only representative of Brown, Bell & Co.—I went to 18, Featherstone Buildings in consequence of a complaint about the end of November or beginning of December—the office was closed—I made several calls, but never found anybody there—I next saw the prisoner with Inspector Dew in an office occupied by Willard & Spillman at Dacre House, Arundel Street, Strand—the business carried on there was similar to that at Featherstone Buildings—Inspector Dew had a conversation with the prisoner.
Cross-examined. I only know of the business at Dacre House from inquiries made—I saw no circulars in the room where I was, nor anything that led me to that conclusion.
WALTER DEW (Police Inspector, E.) I arrested the prisoner on February 19th—I saw him first about February 2nd at Dacre House, Arundel Street, Strand—"Willard &. Spillman" was painted on the windows of the door—I said to the prisoner, "I have come to make inquiries as to whether you formerly carried on business as Brown, Bell & Co., at 18, Featherstone Buildings"—he asked me who I was, and I told him—he said, "I know Mr. Baxter there"—I said, "The police have received complaints of sums of money deposited with Brown, Bell & Co. You don't deny that you carried on business in that name"—he said, "Mr. Baxter knows I did"—I said, "But I understand your name is Oberland or Oberlander, and that you live at Teddington"—he said, "That is right. Who is complaining?"—I said, "You ought to know: you have your books"—ho said, "In moving I lost them. If you will tell me who they are I will communicate with them"—I said, "They have made repeated applications"—he said, "The business has not been so good as I thought it would be"—I then came away—a few days after Mr. Brown, the prosecutor, came to see me—he made an application to the Magistrate, and a warrant was granted, which I received, I think on February 13th—I could not find the prisoner until the 19th, when I saw him at Little Marlborough Street about 6 p.m., with Servant Springer—I said, "You know mo: I am Inspector Dew"—he said, "Yes; don't tell my wife anything"—he went into his flat and I read the warrant to him—he said, "that is what he says," meaning Brown—on the way to the station he said, "It won't come to anything"—when the charge was read over to him he made no reply—I made a casual search of the flat and found a contract note for goods pledged for £6 odd the day I arrested him. Several letters relating to a loan on furniture, and unpaid bills—we found nothing of any importance at Dacre House—there were no account books, but
a counterfoil of a receipt book with one or two entries in, I think, relating to £50 that a man named Chambers had parted with, and a book of addresses—there were no circulars found there.
Cross-examined. The prisoner was perfectly open with me—I arrested him in the neighbourhood of his flat after a good deal of trouble.
The prisoner, in his defence on oath, stated that he was a patent agent at Dacre House, Arundel Street, Strand, under the name of "Willard & Spillman"; that he started business at Featherstone Buildings in June or July, 1903, under the name of Brown, Bell & Co., having acquired the business from two men with whom he had placed money; that he was really a client of Brown, Bell & Co., because he had invested money with them; that the reason he saw Brown at Teddington was that he thought it was illegal to carry on his betting business at the office; and that all the money received was used and lost in the betting system
He then PLEADED GUILTY to a conviction of felony on May 16th, 1900, at Marlborough Street Police Court as Otto Maltzam. The police stated that from inquiries made in Germany it was found that the prisoner had undergone imprisonment, there , and was "wanted" for deserting the flag, and that they considered him a most plausible swindler. Five years' penal servitude.
Before Mr. Justice Grantham.
MR. P. GRAIN Prosecuted.
GEORGE LISLE . I live at 109. Queen's Road. Plaistow—about 10 p.m. on February 28th I was in the Prince Albert, Plaistow, with the deceased, having some drinks together,—when we came out of the public house we were both sober—I left the deceased for a few minutes after we came out—when I returned I saw the prisoner quarrelling with the deceased—it seemed to me to be an old grievance by the language they were using—I advised them to go home, and tried to make peace—I think the deceased was about forty-seven years old—we all walked along together—they were quarrelling for about 100 yards, then they ceased for a bit—when we got to the corner of the church the prisoner struck the deceased in the stomach—up to that time the deceased had not struck or attempted to strike the prisoner—after the deceased was struck he was holding his stomach like this—I was looking over his shoulder and asking him if he could get his wind, when the prisoner struck him again, but I do not know if he struck his face or his neck: it was somewhere by the head—the deceased fell on his back, with his feet on the pavement—his back was across the kerb and his head in the road—I said, "Let us get him off the road and put him on the path if we can, and let him get his wind"—the prisoner helped me to get him off the roadway—a young man named Wells came up to help us—I do not recollect the prisoner saying anything
—four or rive of us carried the deceased to his home, and a doctor was sent for—the prisoner did not help to carry the deceased home—I do not know what became of him—the deceased did not attempt to strike the prisoner at all.
Cross-examined by the prisoner. The deceased and I were sober—I was walking in front of you part of the time, and behind the other part—I was behind you when you struck him.
By the COURT. I was in the public house also in the daytime for about one and a half hours, having a drop of drink, I do not know how many drops; the pot was going round—I had about a pot to myself in the evening—I was not the worse for drink—I am a general labourer—I do not know if the prisoner was intoxicated or not—he had not been drinking in my set—I only knew him by sight.
By the prisoner. I do not know if you helped to undo the prisoner's collar when he fell—Wells came up at once—a man with his wife and baby came up—the deceased was against a wall which has a railing on the top of it—I left you after we had picked him up—I do not know what you did then—the deceased was unconscious—it would be possible for you to pick him up and put him by the railing—I could not do so.
EDWARD VICTOR WELLS . I am a clerk, and live at Forest Gate—on Sunday. February 25th, about 10.25 p.m., I was passing by the corner of North Street with a lady friend—she had no baby with her—I saw three men talking; as they were passing St. Mary's Church one of the men struck the deceased—I cannot recognise the prisoner—the deceased doubled up and fell to the pavement, on his knee—I did not see where he was struck—he crawled up and leant his head on the railings, as though in pain—the man that had struck him before pulled him away from the railing, saying. "Stand up against your grandfather, Ted"—at the same time he struck him a violent blow in the face—the deceased fell very heavily, striking his head in the roadway—I do not know what the road was made of—both men then helped to lift him on to the pavement—I went to find a policeman—not finding one, I went back and helped to take the deceased to his home—the young lady with me walked on before anything occurred—I did not see the deceased strike or attempt to strike anyone.
Cross-examined. I was coming from the direction of Pelly Road Bridge—I saw a clock after I had been to find a policeman—I cannot say who struck the blow—I do not know if the deceased was against the fence when he was struck—I say I was there at the time—I did not go and help the deceased before because there were two of you.
Be-examined. I have simply come to tell what I saw—I did not see any man come up with his wife and child.
ROBERT STANLEY HOWELL . I am a boiler maker and live at West Ham—about 10.35 p.m. on February 28th I was at 20, St. Mary's Road—in consequence of something I was told I went to St. Mary's Church, where I saw the deceased and three other gentlemen—Wells was one; I did not see the prisoner—Lisle was there—the deceased was unconscious—I helped to take him home.
JAMES JOHN HAVERSON . I am a medical practitioner, of 23, Pelly Road, Plaistow—about 10.30 p.m. on Sunday, February 28th, I went to the deceased's house—I saw him lying on his back on the kitchen floor—he was quite unconscious and breathing heavily—his pupils were contracted, equal in size and quite insensible to touch—I came to the conclusion that he was suffering from concussion—I ordered him to bed and then treated him for concussion—he died on Tuesday afternoon—on the Thursday I made a post mortem examination, and found that the cause of death was a huge hemorrhage on the right side of the brain, caused by a blow or by falling down on a hard substance—there was a fracture of the skull about three inches long behind the right ear—I came to the conclusion that it was caused by a fall, probably on the kerb—it would not be caused by the fist—I found no other marks of violence on him—all the organs were healthy.
Cross-examined. I do not think if the deceased had only slipped he would have fallen with sufficient violence to cause the injury—I cannot say if he was intoxicated; he had had some beer.
HENRY FOWLES (Police Inspector.) On March 2nd, about 10.20 p.m., I went to the prisoner's house at 14. St. Mary's Road—I knocked at the door—it was opened by the prisoner—I asked him if his name was Cook—he said, "Yes"—I said, "I am a police inspector, and have come to see you about a quarrel you had with a man named Kenton on Sunday night"—he said, "Yes. that is right; come inside"—I went inside and said, "The man Kenton you quarrelled with, died yesterday at 3.20 p.m.; I am going to take you to the station for striking him and knocking him down and causing his death"—he said, "I am wry sorry: he brought a boxer to fight me some time ago. There is a little bit of a grievance between up. I met him on Sunday night: he struck me three or four times; I struck him, and he fell down. I have known him for about seventeen years, and I am very sorry, but I do not remember much about it"—he was taken to the station and charged—he said, "Who is going to identify me?"—I sent for Lisle to identify him from among others—Lisle afterwards shook hands with the prisoner.
Prisoners Defence: All I have got to say is. the man struck me once or twice. I gave him a little shove, like I might give a baby. I had no intention of hurting him. I am very sorry it has happened.
GUILTY. Recommended to mercy by the Jury on account of his good character. Four months' hard labour.
MR. FITZGERALD Prosecuted.
ALEXANDER COAXES . I used to live at 199, Victoria; Pock Road. Custom House—I now live at 13. Florence Road—I am a ship's baker—about 10.30 p.m. on March 2nd I went down Janet Road to see Ellen Watt—she was standing at her door. No. 14,—the prisoner was with her—I was going to knock at No. 16. next door—Miss Watt recognised
me, and said, "Good evening." or something like it, and then introduced me to the prisoner—I asked him if he would come to the Peacock for a drink—he said, "Yes"—he turned round and asked Miss Watt to come also—after we had had a drink we all went outside the Peacock—the prisoner and Miss Watt were standing talking; I walked away and did not hear what they said—they talked for two or three minutes, then she bade him good night—he said good night to me, and I said good night—I went back to 14, Janet Road, and went into the parlour, where Miss Watt lived; it is the ground floor front room—there was a lighted lamp there; the Venetian window blind was down—Andrew Martin, the chief cook on my ship, was also there—when we got into the room I sat down and talked to Martin, and Watt left the room—after I had been sitting there for about two minutes a shot was fired through the window from outside—I went to dodge down below the window, and a second shot hit me on the back of my head—I got up from my chair and was going outside to see who was at the door, but I fell in the lobby, and another shot was fired immediately afterwards—T think there were four or five shots fired altogether—after I fell I got up and went out by the back way and went to Dr. Guiness. who dressed my wound—I was taken to the police station after that.
ANDREW JUSTIN MARTIN . I am chief cook on the "Rippingham Grange," now in the West India Dock—on March 2nd I left her between 8 and 8.30 p.m. with Coates—we went towards Canning Town—about 10 p.m. I was at 14, Janet Road—about 11 p.m. I saw Coates there in the front room—Watt was there too; she left the room, and about a minute after a shot came through the window, and immediately after four others came-when the first shot came in, Coates crept alongside the bed—he made an attempt to rise, but fell into the lobby—I lay on the floor underneath the bed.
ELLEN WATT . I reside at 14, Janet Road, Custom House, and am single—I have known the prisoner for two or three months—on March 1st he left me—I had been keeping company with him for about six days before March 1st—on March 1st he left me to go to his ship, the "Georgian," in the Royal Albert Dock—he is a quartermaster—I saw him again on March 2nd. when he knocked at my door about 10 p.m.—I answered the door, and he asked me if I was going out—I said "No"—while I was talking to him Coates came along—I have known him a long time—I asked him how long he had been home—he said he had docked that night—I introduced him to the prisoner, and we all went and had a drink at the Peacock—we all came outside—the prisoner said he was going to his ship, and wished us good night—Coates was standing by my side—the prisoner called me back and asked me who Coates was—I said he was an old acquaintance, and had only just come back—he asked if Coates was anything to me—I said "No"—he said good night again, and went his way, and I went towards my home with Coates—when we got there we found Martin in my room—I left them together and went into the kitchen to get some glasses—while I was away there was a knock at the door—before I could open it there was another knock—when I
opened it I saw the prisoner standing there—he asked if he could come in, but I saw a revolver in his hand—I gave a scream and slammed the door in his face—then I heard another shot—I had heard one after I got into the lobby the first time—I called Coates and Martin to come—out of the room—there was another shot, and Coates fell in the lobby—I went to lift him up. and another bullet came through the window—when the third shot came I fell too, but I managed to pick Coates up, and we both went out of the back door to the doctor's—I think I fell through fright; something wizzed by my head—I went for the police and complained to them—I went with an inspector to the front of the house—the front door was wide open, and the prisoner was already arrested—after I had been to the station I went back to my room—as I went in at the front door I saw the window was broken and the blind marked with bullets—they were not like that previously—I had seen the prisoner's revolver on the Friday previous—we were going for a walk, and he took it out of his pocket and asked me to put it aside—I put it in my (sewing) machine—it stayed there till the Tuesday night, when he told me he wanted it for protection in the dock—I gave it to him—on the Saturday I found five cartridges on the floor with his coat.
By the COURT. I have known him for two or three months—he has stayed with me each time he has been home—he does not drink much—I do not know if he was drunk on this night—he certainly had been drinking—he always looks as he looks now.
DAVID THOMPSON (50 K.) About 11 p.m. on March 2nd I was on duty in Janet Road—Cheney was with me—I heard a report of firearms—going along Janet Road, I saw the prisoner banging at No. 14 on the knocker—he had something bright in his hand—we went over to him, and I saw him point the bright thing which proved to be this revolver (Produced.) at the window of the ground floor front room—I seized him—he struggled very violently—I only heard two shots—after a struggle we got the revolver away—at the station I examined it—it is a six chambered, double action American revolver, and contained five discharged cartridges; the sixth chamber was empty—I cannot say if it had been fired off or not—after we had got the revolver from the prisoner he said, "I would swing twice thirteen times for that party"—he did not say who he meant—I did not understand at the time what he meant—I took him to the station and searched him—he said, "I have got no more cartridges, or you would not have got me here"—I went back to 14, Janet Road, and examined the premises—I found four circular holes in the glass corresponding with holes in the Venetian blinds inside and with the four bullets which I found in the room (Produced)—the window sill was 3 ft. from the foot way; the lowest hole in the window was about 4 ft. and the highest 5 ft.—there was one large hole beside the circular ones in the window and the blind—I noticed that the blind was blackened with powder, as if the revolver had been fired at close distance—I found one bullet just inside underneath the blind, two on the other side of the room, and one in the framework of the door—I noticed that the prisoner was very excited—he appeared to have had some drink, and I could
smell it when I searched him—he did not appear to be drunk—he knew what he was doing—going to the station, he talked very sensibly—it was only during the struggle that he talked otherwise.
ARTHUR CHENEY (477 K.) On March 2nd, about 11 p.m., I was on duty in Janet Road with Thompson—I heard the report of firearms—I went in the direction of the sound—I saw the prisoner knocking at No. 14 with his left hand, and I noticed something shining in his right—we went towards him—I saw a flash and a report—we took him into custody, and I took the revolver away from him—when we closed with him he struggled violently—we threw him to the ground and then took him to the station—I got the first ringer of my right hand cut.
THOMAS ARCHIBALD GUINESS . I am a medical practitioner, and live at 26, Freemason's Road, Victoria Dock—on March 2nd Coates came into my surgery with a friend, and said he had been shot—I examined the back of his head, where there was a slight amount of blood—I saw the end of a bullet between the scalp and the skin—I extracted it and dressed the wound—I took the bullet to the station and handed it to the police (Produced)—it is not a very serious wound—the bullet on one side is smooth, and before it hit Coates it must have struck something hard and so have taken off a great deal of the force, and also deflected its direction—if it had been going straight and had not been stopped, I think it would have gone in further and have stuck in a more dangerous place—the bone of the skull would not have stopped it.
The prisoner, in his defence on oath, said that he had a very hazy recollection of the occurrence, as he was under the influence of drink at the time; that he had been drinking all day, and that as he did not drink much as a rule, it had more effect on him; that he did not know what tempted him to fire the revolver, as he bore none of the party any ill-will; that he had no intention of doing any harm to anybody, and was very sorry for what had happened.
JAMES SCOTT . I am the medical officer at Brixton, and have had the prisoner under my care since March 3rd—he has conducted himself quite rationally—when I first saw him he was not suffering from the effects of drink, but he had been drinking, and said that he had been doing so for about six days—his health is now fairly good, but he is anxious about his position—I did not see him until March 4th, but he was seen by my colleague on the 3rd, who did not detect any excess of drinking.
—READ (Detective Sergeant). By the Court. For the last ten months the prisoner has been employed on the ss. "Georgian," sailing to Boston—I saw the chief officer, who said the prisoner was one of the best seamen on board, and he could not understand how he had given way to drink—prior to that he lived in co. Kerry, and then went to America as a cook—we know nothing against his character—he used to live with his grandfather in Ireland, who was confined for a time in an asylum.
ELLEN WATT (Re-examined). The prisoner had been working all day on March 1st on his ship—I did not notice that he had been drinking when he came home on the day before that—on the 2nd in the Peacock he had one glass of mild and Burton.
GUILTY on the Second count. Judgment respited.
Before Mr. Recorder.
JOHN NIXON . I am clerk to the Greenwich and Woolwich Police Court—I was present at the Woolwich Police Court when seven summonses and a charge upon a warrant (Produced) were heard against John Taylor—the original informations are attached to the summonses—on December 18th Taylor failed to appear—there was proof of service; then a warrant was issued—Taylor was brought up on the warrant on December 21st, and formally remanded to January 1st, when the eight cases were heard before Mr. Robert Kettle, the Magistrate—they were adjourned to January 8th—I produce the Minute Book of the Court, which shows that the charges were all dismissed—the defendant Williams was called as a witness, and duly sworn on January 1st—I took the notes—amongst other statements the prisoner said, "On November 24th last, at 1.43 p.m., I saw a man write and hand in two shillings on a slip of paper and give it to the defendant John Taylor in Trafalgar Road, with money," and when cross-examined he said, "I am perfectly satisfied Taylor was the man I saw," and that he was less than two yards from him; also that "on November 26th, between 2.5 and 2.8, I saw Taylor take two slips and one slip from another man in the Trafalgar Road," and that he was satisfied it was Taylor—(The Minutes produced and read referred to the defendant seeing Taylor on November 19th, 20th, 23rd, 24th, 25th, 26th, 27th, and 28th, the perjury being alleged as to November 24th and 26th).
Cross-examined. The summonses were heard at considerable length—Taylor gave evidence on his own behalf on January 8th—I did not take his evidence that day, but according to the Minutes he described himself as a commission agent at whippet handicaps—on November 23rd he said he was referee at a meeting at Homerton—the information was laid against Williams on January 16th—the deponent was John Taylor—he states that since his conviction for betting on November 28th, 1902, he had ceased to be a street bookmaker, and had only exercised his business at whippet meetings, where he was on November 20th, 23rd, 24th and 26th—I believe the summons was withdrawn as to November 23rd before the proceedings commenced; to the best of my recollection that summons was adjourned—there were three separate summonses for perjury—there were summonses against two other officers.
CHARLES COX . I live at 10, Atkinson Street, New Cross, and am a ticket examiner to the South-Eastern and Chatham Railway Company—on November 24th I was on special duty at Earley Station, near Reading, for the Maiden Erleigh Races—to the best of my belief, I saw Taylor, whom—I did not know before, between 4.10 and 4.15 p.m., at the station, when a train was about to start for London—the platform is
short, and the train was pushed back for part of the passengers—some could not get across to the train—Taylor was eating fried fish and bread, and I said, "It's a pity some of them have not got some of it."
Cross-examined. My headquarters are at London Bridge—I am sent all over the line—I have travelled on the line for the company for about two years—I recognised Taylor's red face and moustache when I was asked three or four weeks after the meeting—I do not swear to. him.
DANIEL MORGAN . I am a provision merchant, of 118, Trafalgar Road, East Greenwich—on November 24th I was at the Maiden Erleigh Races—I saw Taylor, whom I knew, in the ring, about 1 to 1.30 p.m.—I came back to town with him after the races were over; about 4 or 4.30 p.m.—James Hoare and George Hare were with us—we had not the correct tickets, and a railway officer got in the carriage, and we had a conversation about it.
Cross-examined. I have known Taylor about five years—he worked for me as a runner when I was a street bookmaker, about three years ago, in the Trafalgar Road—he was convicted and fined—I paid the fine—I do not bet now, unless I go to a race meeting, which is not very often—I forget whether I paid for his defence—if he had a solicitor I should have paid—I did not pay for his defence when he was charged with street betting in January—I have not paid for this prosecution—I do not know anything about it—I have not supplied Taylor with money since December 12th—I did not contribute to his holiday at Brighton—I do not know what he has been doing since he left me.
WARREN PATTE .—I am a professional bookmaker, of 18, Redmond Road, Catford—I know Taylor personally—on November 24th I saw him at Waterloo Station, from about 10 to 10.30 a.m., and on November 26th at Victoria Station, about 10.30, when I was going to Ted Pritchard's funeral at Porteslade, Brighton—I saw him again at the funeral—he went in the same train—the funeral was over between 2.30 and 3.
Cross-examined. I have known him fifteen or sixteen years—he was a greengrocer, a bookmaker's assistant, and sort of lackey—he runs about for bookmaker's—I believe he took slips about—Mr. Morgan did not pay him, the business was not good enough, and he gave it up—I signed one notice for perjury—I paid for Taylor's defence on his summonses—Mr. Llewellyn Davis asked me to appear here after I left the police court, after Taylor had given himself up on a warrant—I gave evidence on the third hearing at the police court—Taylor having no money, I gave Davis his fee, because I often do a kindness, and I knew Davis wanted his wages—I have not paid anything towards this prosecution—I do not know who has, but I believe people who know Taylor have—I have given Taylor money many times—he has been hard up for years—Davis sent for me, and I came—I have never employed him—he is not my solicitor—I cannot give you the name of a single individual who is going to pay for this prosecution.
GEORGE JAMES HARE . I am a butcher, of 195, Trafalgar Road, East Greenwich—I have known Taylor seven or eight years—I saw him on November 24th in the small ring at the Maiden Erleigh Races, when the horses
were being brought out for the first race at about one o'clock, and again in the middle of the afternoon, and I came back to London with him—Morgan and a man called "Jimmy the Milkman" were in the same carriage—that day there was some trouble about the tickets.
Cross-examined. I bet only on the course—I have no grudge against the police—we are busy in our business on Saturday nights between 9 and 30, and I was summoned for obstruction—I thought I was persecuted, and published a notice outside my shop, but finding I was wrong, I have ceased the obstruction.
Re-examined. I have taken the placard down.
ALFRED NEWBERRY . I am a greengrocer, of East Street, Charlton—on November 24th I went to the Maiden Erleigh Races—I saw Taylor at Waterloo Railway Station between 10 and 11 a.m., and at the races about 12 o'clock—I paid his ring money—I was in one ring, and he in the other.
Cross-examined. I do not know who is supporting this prosecution—I have not contributed to it—I am not going to—I have done street book-making, but I go now to meetings if I can.
JAMES GOODRICH . I am a greengrocer, of 1. Manor Street, Woolwich Common—I know Taylor personally—I saw him on November 24th between 10 and 10.30 a.m. at Waterloo Station, and went with him to the races—I saw him now and again in the afternoon.
Cross-examined. I have given him money to go in the paddock for a month or two—I have not provided funds for this prosecution, nor promised any—I do not know who has.
JAMES MCDONNOUGH . I live at New Cross, and am a travelling ticket inspector—on November 24th I was on duty at Erleigh Station—I saw Taylor there about 4 p.m.—a race train was going back to town, and he and others were quarrelling with one of my men about running a special train—they had lost the South Western and were travelling by the South Eastern and Chatham Railway.
Cross-examined. To the best of my belief, he is the man I saw—I first identified him after I was subpœnaed at the solicitor's office on January 29th, when Mr. Llewellyn Davis asked me to identify him.
WILLIAM BOUGH . I am a cab proprietor at 28, Middle Road, Preston Park, Brighton—on November 26th I saw Taylor when Ted Pritchard was buried at Brighton, between 4 and 6 p.m., at the Seven Stars Inn, Ship Street, Brighton, after the funeral.
Cross-examined. His face is of a common type, like mine, though I do not expect he is a total abstainer, as I am.
JAMES HOARE . I am a dairyman, of 28, Eversham Road, Plumstead—I have known Taylor twenty years—I saw him at the Maiden Erleigh Races about 12 a.m., and practically all that afternoon—I was one of the party who was challenged about the railway tickets.
Cross-examined. I have known him as a greengrocer, but not as a street bookmaker—I have not provided a farthing for this prosecution—I do not know who has.
in London—I know Taylor by sight—I saw him on November 24th at the races as well as at the station going down.
Cross-examined. I have not provided funds for the prosecution—I do not know who has.
Cross-examined. I do not do any bookmaking at starting prices, only at race meetings—I have not paid any of the costs of this prosecution—I do not know who has.
Cross-examined. I am a coffee house keeper—I occasionally do book-making—I have not contributed to this prosecution—I do not know who has.
The defendant's depositions were read, in which he stated that having heard the evidence as to November 24th and 26th, he must have been mistaken.
Cross-examined. I gave evidence before the Magistrate against the defendant Williams—I was cross-examined as to two days—I was the first witness called after the clerk to the Magistrate—in cross-examination at some length I said, "I think Williams must have believed I was street betting"—that was not the meaning of what they asked me—(Reading further from the deposition: "Honestly believed that he thought I was; he must have believed it")—I never said it—Mr. Kettle put it—he might have asked me—he asked me if I honestly believed—it was put down before I had the chance to answer it—I was not in the street betting on any of the days spoken of—I might have been at home on some of those days—I instructed. Mr. Davis to take out summonses against Williams for perjury soon after I came out of Court, after the summons had been dismissed—I did not pay him—a friend, Mr. Patte, paid for my witness—I did not pay Mr. Davis anything for the prosecution of Williams; some friends of mine did—I should not like to tell their names—they are trades-people, friends I know—I cannot give them—I did not get the names—Thompson got up a subscription—he is a horse dealer—I did not understand the questions—I was examined after lunch—the case was six times before the Magistrate—(Referring to the information and the depositions of the witness)—I do not know what I did swear to; I know they gave me a paper to write my name to, but I did not know what I was signing—I did not hear much of what was read—they gave me papers to sign, and I signed—I did not take much notice of what was in the deposition—November 23rd is the other day I was asked about—I was at Homerton on November 23rd for the purpose of backing dogs—this is my card—I did not say I was referee that day; it was put down so—my writing is on the card—Jack Taylor, the referee, is a different person, not me; my name is John Taylor—I did not swear I was that man—(Read: "I was the referee at the said
whippet meeting, and was on the grass before the first handicap started at 2 p.m.")—after I had sworn that information I saw Jack Taylor—he did not tell me the police had taken a statement from him—that was not the day at all—I never swore I was referee—this is the card, with my own writing on it; that is what I handed to Mr. Kettle; my solicitor had that; he took it, very likely, for my name—I never said I was referee—as soon as I was summoned I found my card and my writing, and where I had backed the dogs, and read it out—I generally see Jack Taylor at most meetings—I saw him at Homerton, I think—I do not know what day I saw him—he told me the police had been to him about my using his name—I was at Homerton, but not as referee.
NOT GUILTY .
330. HARRY SPOONER (23) PLEADED GUILTY to stealing twelve books and other articles, the property of Leolyn Hart; also to forging and uttering an authority for the payment of £10 1s. 3d.; also to forging and uttering a request for the payment of £10 1s. 3d.; also to unlawfully attempting to obtain from the Army and Navy Co-operative Supply, Limited, £10 1s. 3d., with intent to defraud. Nine months hard labour. No sentence was passed in connection with the larcenies from Mr. Hart, who wished not to press the charge.—And
[Pleaded guilty. See original trial image.] She received a good character. Judgment respited.
Before Mr. Justice Grantham.
MR. A. GILL and MR. GRAHAM CAMPBELL Prosecuted, and MR. B. MURPHY Defended.
ELIZA BREAM . I am the wife of Charles William Bream, of 38, Bassington Road, Wandsworth—I have known the prisoner for six or seven years—she entered my service as servant in the early part of November. 1903, for daily work, and she came to sleep there about a fortnight before Christmas—I noticed she was a little stout, but she said she was attending the hospital for dropsy—she went from my house twice about the end of November to go to the hospital—she was always complaining about her leg, which was very much swollen—she showed it to me—on the evening of January 23rd she complained of not feeling well, and I told her to go to bed—she said she had a bad headache—she went to bed about 9 or 9.30—she slept in a room by herself at the top of the house, at the back—I asked her to call me at seven next morning—she did not call me—I awoke at 8.50—I called up stairs to my little boys to call the prisoner—I got no answer, so I called her myself—she said, "Come up stairs; I want to speak to you"—I went up—she was in bed—I noticed a lot of water on the floor—she told me she had not been well in the night, and said, "You see I have had dropsy; all this water has run away from me"—she said
she had been sick in the night—I looked into the chamber, but only saw where she had been sick; there was nothing else there—there was a tiny spot of blood on her pillow—I wanted her to let me send for a doctor and her mother—she said she did not want a doctor, and did not want her mother to be worried—I fetched her some hot milk, and then some egg and bacon for breakfast, which she did not eat—she did not get up that day—she complained of her leg, and I told her she had better stay in bed—I am always out all day on Mondays—I go out soon after 8 or 8.30 a.m. till about 10 p.m.—T help a lady collect her father's rents—when I returned, the prisoner was still in bed—my children made a statement to me, and I went up to the prisoner and spoke to her—I did not say if she was to get up next day, Tuesday, or not—when she came down to breakfast I noticed that she was much slighter—she did some light work that day—I sent for her mother during the day—she came about 2 o'clock—the prisoner did not get up on the Wednesday morning—I went up to her room—she said her leg was bad, and she could not get up—I told her she had better have a doctor—she said she did not want one—I went down-stairs—I returned to her room between nine and ten a.m. to get the dirty clothes to be washed, as the woman was coming to wash—the prisoner generally did the washing, but I had to get a woman in, as the prisoner was not well—when I went into the room I saw some underlinen which had been washed out, hanging on the back of the wash-hand stand—there was a white petticoat with a deep blood stain on it—it had been washed, but the stain had not come out—the prisoner told me the sheets were under the dressing table in a pillow case, and that she had washed them, as she had been sick on them in the night, and did not want the woman to see them—when I took them down stairs I looked at them—they were still wet, and I could see there had been blood stains on them—I sent for Dr. Charlsworth—he came between twelve and one—I went up with him—he asked the prisoner what was the matter—she said, "I am suffering from dropsy"—he told her she had had a child—she said, "Oh, no, I have not"—(MR. MURPHY submitted that what the prisoner stated to the doctor was not admissible, as it was not voluntary. MR. JUSTICE GRANTHAM ruled that the evidence was admissible.)—the doctor then asked where the child was—she said, "It is up the chimney"—he asked her what time it was born—she said, "Six o'clock on Sunday morning"—he asked her if the child cried—she said, "Yes, a quarter of an hour"—he said, "What happened then?"—she said, "I killed it; I did all this to screen my young man. because he has been in his berth so many years"—I did not know the man until I met him at the inquest—the prisoner said that on the Wednesday she had seen her young man, and told him that she was quite sure she was in trouble, and that he had said that if she was, it was not his child and she must be as other girls were, do the best she could, and get out of it the best way she could—the woman who did the washing then came into the room and Dr. Charlsworth asked her to get the child from the chimney—I noticed a handkerchief hanging over the head of the bed—I then left the room, and about 2 o'clock the police came—when the prisoner told me she had washed the bed.
clothes she said she had laid the afterbirth on the kitchen fire when I was out on the Monday, and had washed the sheets in the bathroom—she did not tell me that in the doctor's presence—I saw no preparations made for the birth of a child.
Cross-examined. The prisoner was a very good girl and bore a very good character—she was quiet, and did her work as well as she could—she is not very strong, and has been rather delicate ever since I have known her—she did not complain of anything except her leg, which she said pained her when she ate solid food—some time before the child was born she stayed in bed for two days because of her leg—on Saturday, January 23rd, she was doing hard work all day—she did not complain of being in pain—I think she had some hot milk before she went to bed at 9.30—when I took her up her breakfast on the Sunday morning I think she ate the bread and butter and drank the tea—I am not sure if I took her up some hot milk on the Monday night—that night she did not seem any worse than she was on Sunday—she was always pale and delicate-looking—you only knew when she was ill by what she said—I let her do the light work on the Sunday because I did not think she was very well—I did not send for her mother because I thought the prisoner was very ill, but as she said her mother knew she had dropsy I thought I should like her mother to know that she was ill—before the doctor came on Wednesday she did not seem at all well, and she said her leg was very painful, and that she could not get up—she did not speak as if she was in pain—she said she sometimes had pains in her stomach—I was with her all the time from when the doctor left till the police came—I then went down stairs, and Mrs. Cant remained with the prisoner—Mrs. Cant opened the door to the police, so she must have known that they came to the house—while I was down stairs with them Mrs. Cant came down, and immediately went up again—I cannot remember if she said anything to the police then—I told her to go back, and not to leave the prisoner alone till I went up.
ROSE EMILY BREAM . The last witness is my mother—on Monday, January 23rd, she went out between 8 and 8.30 a.m.—I, went up to the prisoner's bedroom several times during the morning—she was in bed—I went up again about 3 p.m.—she was standing by her bed, dressed, and the bed was made—about forty-five minutes after that I saw her in the bath-room—she looked as if she had been washing something—she had her hands in a pail on a small table—she came down stairs after that, and helped me to get the tea—she had tea with me, and then wrote a letter—my father had his tea in a little room over the hall—I took it up to him—I was away from the kitchen for about fifteen minutes—no one was in the kitchen with the prisoner while I was away except the baby, aged two and a half years—the prisoner told us to keep away from her leg, because it ached—the letter that she wrote was posted.
Cross-examined. I knew the prisoner pretty well—she was not a member of the Salvation Army—she went to a Salvation Army meeting with mother and me once at the Assembly Rooms—she did not complain of any pain except in her leg.
Road, Wandsworth—the prisoner is my daughter—she is twenty years old and unmarried—for some time she has suffered from anemia and an ulcerated stomach—she was an out and an in patient at the Waterloo Hospital—she last went there as an out patient the latter end of November or beginning of December—I did not know anything about her condition—I remember Mrs. Bream sending for me on January 26th—I went to her house about 2 o'clock and saw the prisoner, who told me that her leg was bad—I had last seen her on the 20th—she did not then say anything about her condition—she has been engaged to a young man for eighteen months—I went again to Mrs. Bream on January 27th, about 2 p.m.—later on I saw the prisoner—it was a long time before she could speak to me, she was so overcome with grief—I asked her what made her do it—she said it was for the sake of her young man. who had been so long in his situation—he was in a gentleman's service, and did all kinds of work—she said that on the Wednesday evening she told him there was something different the matter with her from what she had been suffering from, that she told him what she thought it was, and that he said if it was the case it was no worse for her than for any other girl, and she would have to get out of it the best way she could, and that it did not belong to him; but he has since admitted to us that it was his—she said she thought it was very cruel the way he had served her after her being so upright and thinking such a lot of him, and after her having been so faithful and true to him—I asked her when the birth took place, and she said about 6 a.m. on Sunday, that when she found what it was she did not know what to do, and lay for some considerable time before she moved at all, that she could not have been in her right mind, that she must have been wrong to have done such a wrong, that it quite unhinged her mind when she found out what was the case, and that it was fright which had caused her mind to wander—at the time she handed me two soiled petticoats, a nightdress, and two handkerchiefs, which I took away and washed—she had made no preparations at my house for the birth of the child.
Cross-examined. She was a very quiet girl—she had been engaged to another man about two years ago—she had never had a child before, and it has never been suggested that she has been guilty of any impropriety with any other man—on the Wednesday evening when she was taken to the infirmary I went to my married daughter's house, where I met the young man to whom she was engaged—his name is Alfred Smith—I asked him if he had heard what had taken place—he seemed to have known all about it—I asked him if he was not ashamed of himself for not acquainting me or my husband about it, as he used to come to our house very frequently, and I said, "You know what you said to her last Wednesday, the last time you saw her; you told her you were not the father of it, and she was to get out of it the best way she could, and that is the cause of all this trouble now"—he said, "Yes, I admit I did say it"—he did not repeat that he was not the father of the child—from September 17th, 1900, to June 21st, 1902, the prisoner was employed as a laundry hand at Mr. Ashford's, at Wandsworth—he never made any complaints against her—he said he was satisfied with her conduct—in June, 1902, she was a servant
at Mrs. Dowsett's, at Putney, where she had an excellent character; then she was servant to a doctor in Putney—he did not say anything against her character—she was a member of the Salvation Army, and has been a religious, quiet, and hard-working girl till this occurred—shesuffered pain from her ulcerated stomach, and for a long time everything she took she brought up—she has never been strong—she did not say what she had done—when she said, "I could not have been in my right mind at the time I did it, fright must have been the cause of my doing it,"—she is one of sixteen children—she was very kind to her brothers and sisters.
Re-examined. I saw my daughter before January 27th, a week or a fortnight before that date—I am not sure whether she was healthy then—she told me that the doctors at the hospital thought she had dropsy—that was before she went to sleep at Mrs. Bream's.
SARAH CANT . I am the wife of Reuben Cant, of 52, Ferrier Street, Wandsworth—I am a charwoman, and sometimes work for Mrs. Bream—I went to her house on January 27th to do some washing—Mrs. Bream brought me some sheets—we both examined them—they had been washed, but they still had stains en them—I remember Dr. Charlsworth coming and going up to the prisoner's room with Mrs. Bream—when I heard Mrs. Bream scream I went up—as I went into the room I heard the prisoner say, "I killed it; it is up the chimney"—the doctor said, "Did the baby cry?"—she said, "Yes, doctor"—he said, "How long did it live?"—she replied, "About a quarter of an hour"—he said, "What then?"—she said, "I killed it"—the doctor asked me if I would remove it from the chimney—I went to the chimney; the register was down; I removed it and found a brown paper parcel tied up with a string—I took it to the front door and gave it to Dr. Charlsworth, who took it away in his carriage—I went up again, and had a conversation with the prisoner—(MR. MURPHY objected to this conversation being given, and MR. JUSTICE GRANTHAM excluded it, as the questions put to the prisoner were all leading questions.)—on the rail of the bed I noticed a handkerchief—it looked like a pocket handkerchief—it was folded, but when it was unfolded it looked as if it had been tied round something.
Cross-examined. I had seen the prisoner at Mrs. Bream's once, about two and a half years ago.
GEORGE HENRY CHARLSWORTH . I am a registered medical practitioner, and practise at Wandsworth—on January 27th, between 12 and I midday, I was called to 38, Bassington Road, where, in Mrs. Bream's presence, I saw the prisoner in bed—I noticed that she was very pale, nervous, and agitated—I asked her what had been the matter—she said she was suffering from dropsy, and had been to the hospital to be treated—I examined her chest—from what I noticed I suggested that she had been pregnant—she denied it—I examined her further, and found unmistakable signs of recent delivery—I told her it was useless to try and deceive me—she then admitted she had given birth to a child, and said she had been in pain the whole of the previous Saturday, and that the child was born about 6 a.m. on Sunday—I asked her if it had cried, and she said, "Yes"—I said, "What happened then?"—she said, "I killed the
child and put it up the chimney"—I asked her how long the child lived, and she said, "About a quarter of an hour"—she then volunteered the statement that she had killed it to screen her young man—I asked Mrs. Cant to push up the register—she did so, and found a brown paper parcel resting across the chimney—she removed it and handed it to me—I took it to the police station and examined it before the inspector—it contained a fully developed female child—the umbilical cord, which was about 2 in. long, had not been tied—there was no foreign body in the mouth, only a little frothy mucus—there was a mark encircling the neck corresponding with the lower part of the thyroid cartilage, and about 1 1/2 in. in breadth—it was partly yellow; the edges were raised and of a dusky red—it was caused by some constriction with some soft substance—I say soft, because there were no hemorrhages under the skin—some soft substance had been tied round—I do not think the umbilical cord could have done it. as the mark was too broad—if the cord had gone round twice the two marks would have been indicated.
Cross-examined. The prisoner was very much distressed when I saw her, and she was pale and bloodless—I did not examine her leg. and she did not mention it to me—I examined her to see if she had given birth to a child, because she denied it—it is impossible to say if it was her first child—there were indications that she might have suffered considerable pain—the delivery might be rapid or slow—she was ruptured up to the anus—if there was no pain the labour would be much longer—the after part of the child might not be born for a few minutes after the head, but it generally takes a short time—there is great straining to get it over—the child generally breathes before the delivery is over; in some cases it makes a successful effort to breathe between the birth of the head and the birth of. The body, but it is difficult to breathe before the lungs can be fully inflated—as the child descends the umbilical cord shortens—there is a certain amount of slackness in it which might suffocate the child, but I think there would not be distinct signs of a separate existence—a child often dies before the completion of the labour—mental trouble might increase the difficulty of parturition—after the birth there is generally a period of exhaustion on the part of the mother, and sometimes unconsciousness—in cases where there is considerable hemorrhage the mental condition, I should say, would not be so good as in an ordinary labour where there is little hemorrhage—puerperal mania might occur after a few days—I did not treat the prisoner—she was sent to the infirmary—I only saw her for a few minutes—she had very little temperature then, but she had evidently lost a considerable amount of blood—the mark on the child's neck need not necessarily have been caused by a cloth—I do not think the fingers could have caused it, because it was too regular, and it completely encircled the neck—I do not think it could have been done before the child was completely born, because the only way it could have been done then would be by the umbilical cord, and the mark did not correspond with that—the mark was not like what you get in an ordinary labour—if the violence was caused before the child was completely born there would not be distinct signs of a separate existence—I did not make the post mortem
examination—the pains in the prisoner's stomach would have no action upon parturition—I take it she probably had anaemia, and gastralgia is one of the frequent accompaniments of parturition—if one is in a state of debility, one would be less prepared for the exceptional trial of parturition.
Re-examined. Assuming that the lungs had been fully expanded, in my opinion it would have been impossible for the constriction to the child's neck to have been caused by the umbilical cord—if the injury was inflicted before the child was fully born the lungs would not be properly inflated—the inflation of the lungs does not indicate complete separation from the mother—before the cord is divided a child frequently cries—apart from the umbilical cord, the inflation of the lungs and the child crying indicates a separate existence.
LUDWIG FREYBERGER , M.R.C.P. I am a pathologist, and on January 28th I made a post mortem examination on the body of a newly born female child—it was 22 in. long and weighed 71b. 3 oz., and was in an excellent state of preservation—the umbilical cord had been torn across 1 1/2 in. from its insertion into the abdomen—it was a full time child—there was a broad encircling mark of constriction running round the neck below the thyroid cartilage—the mark was pale and soft—there were no hemorrhages under the skin—the child's hands were clenched—the mucous membrane covering the inside of the lids was blood shot, the nostrils and lips were livid, the mouth slightly open, and the tongue partly protruding; on opening the back of the scalp I found a number of small hemorrhages on the under surfaces of the scalp, in front and behind; the brain was well developed, and the veins of the brain were distended with dark liquid blood; I found two hemorrhages on the back of the tongue, each the size of a lentil, and a number of smaller ones in the mucous membrane covering the tonsils; the veins of the tongues were distended with dark liquid blood; under the skin covering the neck, above the constriction, were numerous hemorrhages, and others in the muscles surrounding the larynx and the back of the head—the lungs were developed and fully inflated, and floated in water, and the air in them could not be squeezed out of them by hand pressure; the heart was extended: the stomach contained air and floated on water—the cause of death was suffocation by strangulation by some soft material being tightly wound round the neck; my reasons for that opinion are the width to the encircling mark, which was from 1 in. to 1 1/2 in, and the absence of hemorrhages in the skin—I formed the opinion that the child had been completely born, and I do not think there can be any doubt about it; my reasons are the absence of any foreign substance in the air passages, the complete inflation of the lungs, and the presence of air in the stomach, which shows that breathing had been going on for some time.
Cross-examined. To inflate the lungs as perfectly as they were in this case some minutes must elapse; it might take some minutes for the child to be wholly separated from the mother; a child can make some attempts at breathing while its body has not completely left the mother—in my opinion, when the lungs are perfectly inflated it is certain that the child was completely born; I have heard of other opinions and of other cases; in
this case the lungs were only partially inflated; the marks on the child's neck would not have a tendency to spread over the body after death; it would be impossible to form with the fingers such a complete encircling mark; if it was caused by the fingers, parts of the mark would be much deeper than others, and there would be marks of bruising; there were none here, and no hemorrhage where the constriction had gone round; the skin had simply been pressed and made bloodless; one of the chief reasons why the mark could not have been caused by the umbilical cord is that if it had caused it the lungs could not have been inflated fully—apart from the appearance of the mark the appearance is wholly inconsistent with the mark having been caused by the cord—a woman having her first child may, in a way, be affected mentally; there would be pain during the birth, which would be accentuated by depression—child birth is very often followed by a period of partial or total unconsciousness—a woman might not know what was going on around her, or what she was doing herself—I do not think that child birth is a surprising branch of medical science; complexities occur sometimes, but rather rarely—an ulcerated stomach would make a person anaemic, and takes up their strength—I think in this case the child was expelled rather quickly, and the cord so broken across—the cord was not tied; that would not cause the child's death; when it is broken across the ends would coil up, and no bleeding would take place from the stomach.
JAMES GATHERGOOD (Inspector, B.) I remember Dr. Charlsworth bringing a brown paper parcel to Wandsworth Police Station on January 27th—I assisted to open it; inside it was a newly born female child, wrapped in a piece of old linen sheeting and brown paper—the body was taken to the mortuary—I went there after the post mortem and saw the body—the prisoner was taken to the Wandsworth and Clapham Infirmary on January 27th, and remained there till February 25th, when she was taken to the station and charged with the murder of her newly born female child—she made no reply.
Cross-examined. I have made inquiries as to her previous history—from September, 1900, until June, 1902, she was employed by Mrs. Ashford at Wandsworth—she bears an excellent character—in June, 1902, she was a domestic servant to another lady in Putney—she is a very respectable girl—she was then with a doctor, who says she was a good hard-working girl—she attended Salvation Army meetings—Alfred Smith has said to an inspector that he would not admit or deny that he was the father of the child.
GUILTY of manslaughter. Strongly recommended to mercy by the Jury. Discharged on her own recognisances. (The prisoner stated, that she was willing to go into a home for two years.)
Before Mr. Common Serjeant.
MR. PARTRIDGE Prosecuted.
shop about 4.30, when the prisoner came in and purchased two trotters at 2 1/2 d.—he produced a half-crown—I noticed it was not quite the right colour—I bent it with my teeth and took it to my father, who took it back to the prisoner and told him it was a bad half crown—the prisoner took it, laid down 2 1/2 d., and went off with the trotters—this is not the half crown.
Cross-examined by prisoner. I did not give it to my father in the shop where you were—father threw it on the scale.
ETHEL BARRATT . I live with my father, who keeps a confectioner's shop at 22, Sumner Street—on February 25th, about 6.10 p.m., I served the prisoner with half an ounce of tobacco, price 2d.—he tendered a half crown like this one—I took it to my father, who came out of the room to the counter and told the prisoner it was a bad one—the prisoner said he did not know it was bad—father fetched a police constable—I saw father hand him a half crown.
Cross-examined. Father said to you that he had taken a bad half crown half an hour before that, and that he would get a constable; you said, "I will wait while you fetch a constable," and you waited—I know a man called "Sailor Jack," but did not see him, or hear you speak about him.
Re-examined. Father gave the first half crown to the constable—the prisoner took the tobacco and opened it in the shop.
CHARLES TAYLOR (426 M.) I was sent for to this tobacconist's shop by the last witness and her father—the father gave me two half crowns and said, "This man has passed a bad half crown"—I looked at it and saw it was bad—he said another man had been there about half an hour previous and passed another bad half crown, and that he knew him by the name of "Sailor Jack"—I said to the prisoner, "Where did you get this?"—he replied, "I do not know where I got it from"—I searched him, and found 1s. and 6d. silver and 6d. bronze—I took him to the station—on the way I saw a man running at the corner of Holland and Southwark Streets, about fifty yards off—the prisoner was charged at the station with uttering—I also found on him two separate half ounces of tobacco, both opened—neither of them looked used up, but both about the same.
WILLIAM JOHN WEBSTER . I am Inspector of Coin to H.M. Mint—both these half crowns are counterfeit, and are from the same mould—I have seen forty or fifty from one mould; it depends upon the ability of the maker.
The prisoner's statement before the Magistrate: "I went alongside Bank-side to look for work and went to a wharf, and was going back to Vauxhall, and bought two trotters, and gave the boy half a crown, which he took to a room at the back, and his father gave it me back. I went into the tobacconist's, and put down the half crown. I did not know I had it."
The prisoner, in his defence, said that the half crown was given him, but he had no idea it was bad till the butcher's boy told him so.
GUILTY .** Nine months' hard labour.
Before Mr. Recorder.
ADJOURNED TILL MONDAY, APRIL 18TH, 1904