CENTRAL CRIMINAL COURT
SEVENTH SESSION, HELD APRIL 18TH, 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.
SESSIONS VII. TO XII.
STEVENS AND SONS, LIMITED, 119, CHANCERY LANE,
Law Booksellers and Publishers.
On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, April 18th, 1904, and following days.
Before the Right Hon. SIR JAMES THOMSON RITCHIE , Bart., LORD MAYOR of the City of London; Sir HENRY EDMUND KNIGHT , Knt., Sir JOSEPH RENALS, Bart., Sir ALFRED JAMES NEWTON , Bart., Aldermen of the said City; Sir FORREST FULTON, Knt., K.C., Recorder of the said City; Sir JOHN CHARLES BELL , Knt., HENRY GEORGE SMALLMAN , Esq., and WILLIAM CHARLES SIMMONS , Esq., other of the Aldermen of the said City; FREDERICK ALBERT BOSANQUET , Esq., K.C., Common Serjeant of the said City: LUMLEY SMITH , Esq., K.C., Judge of the City of London Court; and JAMES ALEXANDER RENTOUL , Esq. K.C., M.P., LL. D., Deputy Judge of the City of London Court; His Majesty's Justices of Over and Termincr and General Gaol Delivery, holden for the said City; and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT
RITCHIE, MAYOR. SEVENTH 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, April 18th, 1904.
Before Mr. Recorder.
335. GEORGE DOWDEN (32) and HUBERT JOHN VENN (29) PLEADED GUILTY to conspiring to cheat and defraud Sir Frederick Cook and others of their moneys and property; also to obtaining a cheque for £45 3s. from Sir Frederick Cook and others, the masters of Venn; VENN also to falsifying an invoice, the property of his masters, with intent to defraud, and DOWDEN to aiding and abetting him. They received good, characters Fifteen months' hard Labour each —
(336.) WILLIAM CLARK (23) , to robbery with violence, with another person unknown, on Herman Drauder, and stealing from him a chain and 4s. 6d., his property, having been convicted of felony at Winchester on November 19th, 1902, as William Benjamin Clark. [Pleaded guilty. See original trial image.] Two other convictions were proved against him. Twenty months' hard labour †—
(337.) JAMES FERRARO (52) , to stealing, whilst employed under the Post Office, a letter containing a postal order for 20s., the property of the Postmaster General. [Pleaded guilty. See original trial image.] Nine months' hard labour —
(338.) JAMES HENRY ALFRED THURSTON (22) , to stealing, whilst employed under the Post Office, a letter containing a postal order for 7s., the property of the Postmaster General, having been convicted of felony at Stratford Petty Sessions on October 12th, 1901. [Pleaded guilty. See original trial image.] Nine months' hard labour. —
(339.) WILLIAM FISHER (29) , to stealing, whilst employed under the Post Office, a letter containing a leather purse, a half sovereign, a half crown and 2s., the property of the Postmaster General. [Pleaded guilty. See original trial image.] Twelve months' hard labour. —
(340.) EDWARD SHEPHERD (30) , to stealing, whilst employed under the Post Office, a postal packet containing two postal orders" for 10s. and 1s. 6d., and four penny stamps, the property of the Postmaster General. [Pleaded guilty. See original trial image.] Nine months' hard labour. —
(341.) WILLIAM HENRY WOOD (26) , to stealing, whilst employed under the Post Office, two letters containing sixty-three and twenty-eight one penny postage stamps, the property of the Postmaster General. [Pleaded guilty. See original trial image.] Nine months' hard labour. —
(343.) LOUIS PILOTTI (24) , to forging and uttering an order for the payment of £10 with intent to defraud; also to stealing a banker's cheque form. [Pleaded guilty. See original trial image.] Twelve months' hard labour. —
(344.) ALFRED LOWE (41) , to stealing and receiving thirty-nine dozen and twenty-seven dozen calf skins, the property of the L.& N.W. Ry. Company. [Pleaded guilty. See original trial image.] Four years' penal servitude. †—
(345.) FREDERICK MILLIST (20), WILLIAM CATTLE (20), and WILLIAM BARRINGTON (10) , to stealing a sheet of paper, an envelope, and an order for the payment of £3 6s., the property of George Thornton Skilbeck; also to stealing a sheet of paper, the property of Johannes Herman Wagner; Cattle having been convicted of felony at South London Sessions on June 17th. 1003. Three other convictions were proved against him— [Pleaded guilty. See original trial image.] Twelve Months' hard labour.
MILLIST and BARRINGTON— Judgment respited. —And
346. WILLIAM TAYLOR (39) , to unlawfully attempting to have carnal knowledge of Ellen Taylor, a girl under the ago of thirteen, and indecently assaulting her. [Pleaded guilty. See original trial image.] Nine months' hard labour.
NEW COURT.—Monday, April 18th, 1904.
Before Mr. Common Serjeant.
347. JAMES JOHNSON ** (34) PLEADED GUILTY to having unlawfully in his possession seven counterfeit florins and three counterfeit half crowns; also to uttering counterfeit coin. Six convictions of felony were proved against him. Four years' penal servitude. —
(348.) ALEXANDER EDWARD WORTHY (32) , to forging and uttering a receipt for 10s. on a postal order; also to stealing a postal order for 10s. [Pleaded guilty. See original trial image.] Twelve months' hard labour.
(350) ALFRED JOHN LAMBERT (45) , to unlawfully obtaining credit from Edwin Henry Bartlett and others, for £94 15s. 2d. and other sums, without informing them that he was an undischarged bankrupt. [Pleaded guilty. See original trial image.] Twelve months' hard labour. (See page 573).—And
351. WILLIAM ENNIS **† (28), to robbery upon Edward Joseph Foy, and stealing £6 12s., having been convicted of felony in December, 1900, at Clerkenwell Sessions in the name of William Ennis. [Pleaded guilty. See original trial image.] Seven other convictions were proved against him. Five years' penal servitude.
OLD COURT.—Tuesday, April 19th, 1904.
Before Mr. Justice Darling.
MR. BIRON and MR. GRAHAM CAMPBELL Prosecuted, MR. HUTTON and MR. CURTIS BENNETT Defended.
WILLIAM LOWMAN . I am relieving officer for the parish of Edmonton, and I have known the prisoner for about two or three years—when I first knew her she was living with her mother—she had two children then—
she then complained of her husband's cruelty and neglect—I advised her to get a separation—she said she was afraid to do so, and was sure he would kill her if she took any proceedings in Court—she came to me about October 22nd, 1903, with her mother, who applied for relief on the prisoner's behalf, who seemed so distressed that she did not appear capable of doing anything—she seemed to be very feeble in mind and body—I went to her house—I thought I should have to take proceedings in lunacy—I granted her outdoor relief—I was present in Court on February 11th, when proceedings were taken against her husband for neglecting to maintain her—he was sentenced to pay 40s. in costs or one month's hard labour—the prisoner was in Court—her husband said she was a worthless woman, and all she was fit for was to go with other men, and was a dirty h———she took her discharge from the workhouse on February 23rd, taking her baby with her—her other two children were taken away next day.
Cross-examined. The husband paid the 40s.—while 1 have known the prisoner she has been in the greatest distress through the neglect and ill-treatment of her husband—the words he used when he was fined were used in open Court and in her presence—she is a most respectable and hard-working woman—she suffered from bad health—before she went into the workhouse in October I found she had been in a hospital at Potter's Bar, and had been very ill there—she appeared to be very fond of her children, and desirous to do the best she could for them—she seemed very fond of the deceased, who was her youngest child—when she applied for relief she appeared to be very low-spirited and broken-hearted—she said she was tired of everything, and wished she was dead—I found that as her sufferings increased and as her health got worse her mind became more feeble.
ADELINE PIKE . I am the wife of Herbert Charles Pike, of 9a, Bath Road—I have known the prisoner's husband since Christmas—about February 19th he came to live at my house for about two weeks—he was by himself—then he brought two little children with him and remained in the house until March 3rd—on March 2nd. at 9 a.m. the prisoner came with a baby aged nineteen months—I did not notice how she seemed to be—she asked if I would take her in, as she had nowhere to go, her mother having turned her out—I said she would have to wait till my husband returned, as, we had only two rooms—my husband said we must ask our landlady, who said the prisoner might stay for one night, which she did—she said her head was very bad, and that if she had stayed away for another month she would have gone quite mad, as the pains at the back of her head were something awful.
EDITH SIBLEY . I am the wife of George Sibley, of 8, Eleanor Terrace, Bath Road, Edmonton—I have known the prisoner and her husband for about five years—the prisoner came to my house between 9 and 9.30 a.m. on March 2nd—she was crying—I asked her what she had come for—she said she had nowhere to go, as her mother had turned her out—she asked if Bill was with us; that is her husband—I went to Mrs. Pike's and fetched him—he told the prisoner he would have her back again,
but he had no home—I do rot know what she said—he took her to her mother's, and then they went to lodge at Mrs. Pike's—the prisoner came to me on March 3rd—she sit down in a chair, burst out crying, and said she had nowhere to go, as her mother had turned her out; what should she do.—I said I did not know until my husband came home—she had her baby with her—her husband came in afterwards, and they sat down for a few minutes, and then went over to Mrs. Pike's again—about 7.30 they came in again; my husband had returned by then—they had three children with them—I made them up a bed in the back room and lit a fire—they had some food with me—I made no charge—the prisoner and her husband seemed to be on friendly terms—they and the children went to bed—I heard them talking loudly in the night—I could not hear what was said—on March—4th they went out in the morning, taking the baby with them and leaving the other children with me—they returned about 8 p.m., and slept in the back room—I heard them mumbling—on March 5th they had more food—Mr. Coleman came down early—I was in bed when he went out—the prisoner had breakfast with me—she cried, and said her husband had been on to her during the night—she said she was tired of it; that she did not know what she would do, and felt as if she could make away with herself—I said, "I should not do that; think of your children"—she said, "Wherever I go, I will take my baby with me: he can look after the rest"—her husband came home and said his mother was making up a bed, and the children would be all right—the prisoner then went up stairs; her husband followed her—she came down about 11 a.m. with the baby in one hand and a bag in the other—they were dressed to go out—I asked her where she was going—she said, "to the pledge"—the baby was dressed in a petticoat, white flannelette cape, navy blue socks, and no boots—the prisoner said, "I shall not be long"—on March 22nd I went to the Tottenham mortuary where I saw the body of the baby—I also identified the clothing as that which the child had been wearing—when the prisoner left my house she was very much put about and worried—the child was delicate, and could not walk.
Cross-examined. The prisoner had been very ill ever since she had her last baby—she complained of pains in her head—on March 5th I heard her say that if the pains in her head went on she would not be able to live—her mind appeared to be weak when she said that—I was rather frightened of her. and thought she might go out of her mind—I did not like to have her in the house, because she was strange in her manner—on March 4th she tramped the whole way from Potter's Bar with her baby—the pains in her head that night were very bad.
BERTRAM SAUNDERS . I am a pawnbroker, of J. Gordon Buildings, Bounces Road, Lower Edmonton—on March 5th the prisoner came to my shop about 11 a.m. and offered me some garments in pledge: she asked la for them; eventually I advanced her (id.
FLORENCE HARDING . I am the wife of Henry Harding, a labourer, of 1. Baden Terrace, Victoria Road, Edmonton—the prisoner is my sister—she has been married for six years and had two boys and one girl—the eldest boy is five, the one that was drowned was nineteen months—she
Came out of the Edmonton Workhouse on February 23rd, having been there for four months—before that she had been in a cottage hospital at Potters Bar for two or three weeks—when she came out of the work-house she brought her baby with her—on March 5th she came to my house about 2.30 p.m.; she sat down on a chair in my kitchen; she took the baby's flannelette nightgown off the fireguard and put it round her head, and started to scream and cry—I said, "What is the matter, Lil? Has he been carrying on with you again?—I meant her husband—she said, "Yes"—I said, "Where is the baby?"—she said, "I have drowned him"—she said she had done so in the Lea about 12 o'clock—I said, "For God's sake, Lil, tell me it is not true"—she said. "It is true"—she said her husband had been carrying on with her all night and that morning—she said she was going back to drown herself—I took her to the Edmonton Police Station—she saw Inspector Scarfe, and wrote out a statement—she was very fond of her children.
Cross-examined. I said at the police court, "She seemed terribly excited," and that is correct—she had been suffering from very bad health, low spirits, and melancholia.
SAMUEL SCARFE (Police Inspector.) On March 5th Mrs. Harding brought the prisoner to the station about 3.30—the prisoner was crying, and in great distress—Mrs. Harding made a statement to me in the prisoner's presence—she said, "My sister, Lily Coleman, of 8. Bath Road, Edmonton, came to me just now; she was crying; I asked her to come in; when I got her in I asked her what was the matter, and said, "Has he been carrying on with you?" meaning her husband; she said she had thrown the baby into the Lea, so I said she had better come to the police station; I did not know what to say to her, I was so put out; she said she was going back to drown herself; she has been in the workhouse for some time. Her husband, William Cross Coleman. drinks, and treats her shocking"—I said, "You hear what your sister has said; anything you say may be used in evidence against you"—she said, "I would rather write down what I have to say—she then made this statement:" I came out of my room this morning to pawn my petticoat, to get my little children some bread, because they had not got any to eat; I ask a shilling on it; the man only lent me sixpence on it, so I was distracted and broken-hearted, for the person in the house could hear my husband going at me all night and all this morning; he told me if I went back to him and looked after the children and him, he would be a better chap to me, but he has. been worse; he told me he would smash my brains out for me this morning, so I came out broken-hearted, and drowned my little pet in the River Lea at 12 o'clock, William George Coleman, age one year and seven months old; I drowned him over the bridge, on the right hand side of the bridge, opposite Ward's public house.
JOHN MARTIN (Police Inspector.) On March 5th I saw the prisoner at Edmonton Police Station—I told her I was a police officer, and that she would be charged with the murder of her little baby—she said, "It is quite right; I was driven to desperation; my husband this morning said he would smash my b——brains out, for no reason. About 11 a.m. I went to pawn
my petticoat for 1s. at Mr. Saunders', the pawnbrokers, to get some bread for my children: here is the ticket, sir. He only lent me 6d. on it. Then I went to the Angel Road bridge and threw ray little dear into the water; I saw my poor little dear go down"—she was charged, and she said, "Yes."
Cross-examined. I agree with what Lawman said in answer to your questions—the prisoner is a highly respectable woman; she has been suffering for four or rive years.
JAMES BRENNAN . I am a lock keeper at Stonebridge Lock. Tottenham—on March 21st in the morning I found the body of a child in the River Lea; about a mile and a quarter below the Angel Bridge—I handed the body to the police.
ARTHUR STENTON RATHBONE WAINWRIGHT . I am divisional surgeon of police—on March 21st I saw the body of a child at the mortuary—I examined it, and on the following day I made a post mortem examina-tion—I came to the conclusion that death was caused by drowning—I cannot say how long the child had been dead—the body was in a good state of preservation.
Evidence for the Defence.
SIMON FRAZER . I am the medical officer for Edmonton parish—I have known the prisoner for four years—I was called to her on the evening of her second confinement—the midwife who had been engaged was late in arriving; I do not know why—I have seen the prisoner from time to time since—she has always been a delicate woman, and is feeble minded—prolonged ill-health and ill-treatment would still further weaken her mind—I have heard complaints on innumerable occasions of the way her husband treated her—I also attended the deceased in November, 1902, and I saw the state of the home and the terrible state the prisoner was in—she appeared to me to be very much distressed and melancholy—she would not raise her eyes off the ground or speak to me—she was not properly fed—that would also affect her mind—I only attended the prisoner when the child was about three months old—I last saw her on October 28th; her mind was then more feeble than it had been.
Cross-examined. I did not examine her then—I only examined the children with a view to sending them to the workhouse—the prisoner was very distressed, and said she was tired of life—she is not of very high intelligence—I do not think she had any delusions; she always appeared to be in fear, which would be a very natural result of the treatment of her husband.
Re-examined. Such treatment would tend to weaken and unhinge her mind.
GEORGE GRIFFITHS . I am the medical officer at Holloway Prison—I have had the prisoner under special observation since March 7th—she has been very depressed, and when she came under my care she was in
a very poor physical condition—she struck me as being feeble minded—I have read the depositions in this case—she complained of symptoms of ovaritis, which is a very painful disease—with her it is chronic; it is apt to affect the mind—I have had many interviews with the prisoner—I think she was an affectionate mother—I think she is sufficiently sane to understand what she is doing now—she is naturally an unstable and feeble minded person, and I think the condition and general stress of her condition and the want of food unhinged her mind for the time being, and that she was not responsible at the time she did the act.
Cross-examined. I spoke to her about the act—she seemed to recollect; gradually what she had done—she was dazed, but it seemed to come to her when she talked about it—she was a long way below the average intelligence; she had no delusions, and I would not care to certify her as insane now—there is a great difference between a person being feeble minded and being insane—the prisoner appeared to be very sorry for what she had done—she wept a great deal when she spoke about it—I did not ask her if she knew that what she had done was wrong, but I should say that she did know—I do not think I asked her if she had any reason for doing what she had done—she spoke of the general circumstances which led up to her having done what she had done—she said she was in very great trouble, and was ill treated by her husband.
GUILTY, but insane at the time and not responsible for her actions. To be detained during His Majesty's pleasure. The prisoner's husband was censured and warned by the Court.
NEW COURT.—Tuesday, April 19th, 1904.
Before Mr. Recorder.
353. DANIEL TERRY (.13) PLEADED GUILTY to feloniously receiving 36 yards of cloth, the property of the Union Castle Mail Steam Shipping Company, knowing it was stolen. He received a good character. Three months' hard labour.— And
MR. MUIR Prosecuted.
The prisoner stated that he would withdraw his plea, and the Jury therefore returned a verdict of
He then PLEADED GUILTY to a con-viction at Clerkenwell Green of obtaining money by false pretences on March 21, 1899. Eighteen months' hard labour.
356. MARY BATES (47) PLEADED GUILTY to two indictments for stealing a purse, a ring and 10s., the property of Joseph Jones, and two pillow cases, and other goods, and £4 16s. the goods and money of James Soley, having been convicted of felony at Kingston-upon-Hull, on July 10th, 1900, in the name of Florence Ethel Burchell. Nine other con-victions were proved against her. Eighteen months' hard labour. —
(357.) ROBERT HARVEY (32) , to forging and uttering three orders for the payment of £6 each, having been convicted of felony at this Court in January, 1903. [Pleaded guilty. See original trial image.] Two other convictions were proved against him. Three years' penal servitude. —
MR. SANDLANDS, for the prosecution, offered no evidence.
NOT GUILTY .
MR. BRODRICK Prosecuted, and the evidence was interpreted when neces-sary.
CHARLES WILSON . I am a sailor—I was paid off from my ship in London on April 5th—I first saw the prisoners in the highway, St. George's Street—I told them I was going to draw my money at the Seaman's Home—they said they would come with me—we went to the Home; I drew £12, and about 1.20 we went to the office of the Seamen's and Firemen's Union to pay my Union money, and then in a cab to a lodging house or brothel in Breezes Hill, where there were two girls—I sent for a bottle of whisky, which five of us drank—I gave the two girls half a sovereign, and they went out to buy tea—I went up stairs and lay down to rest—the prisoners came up and kicked me about the face, and stole £5—they threw me off the bed on to the floor—the £5 was in gold in my inside coat pocket—Waringer held me down while Schofield took the money—Waringer ran down stairs and locked himself in a room—he was living in the brothel—Schofield cleared out—I ran outside and called a constable. George Hipkin, and went back to the house with him; he broke open the door and arrested Waringer inside the room—the next day, April 6th, I went to the same street and stood looking till I recognised Schofield in the afternoon, standing in the doorway of the same house—I called Constable Turner, who arrested him.
Cross-examined by Schofield. I had five sovereigns when I had given away money, and bought the whisky—I am quite sure you are the man—I pointed you out, and you were arrested.
GEORGE HIPKIN (396 H.) About 3.15 p.m. on April 5th the prosecutor called me to 3, Breezes Hill—I knocked at the door—the prisoner Waringer opened it—I said the prosecutor had complained of having been assaulted and robbed "in this house"—he said, "Yes, he has been here but I know nothing about his being knocked about or robbed"—I told him he would be taken into custody—he made no reply—he was sober—he had been
drinking, the prosecutor's right eye was swollen, and blood was running from his right ear.
FRED TURNER (280 H.) On April 6th I went with the prosecutor to 3, Breezes Hill in the evening—I knocked at the door—Schofield answered it—I told him the prosecutor wished to give him into custody for robbing and assaulting him the day previous—he said, "I was working till 4 p.m. on that day"—when charged he said, "I wish my foreman called to prove I was working that day"—the foreman, and ganger Brown, were called on the remand before the Magistrate.
JOHN GEORGE HORSFIELD . I am the Secretary to the Seamen's Union at Poplar—on April 5th the prosecutor came to our office about mid-day about his money from the Board of Trade—his papers had not come through—he came again with a man I took to be a friend—I believe it was Schofield—he came several times.
Cross-examined by Schofield. I saw you first between twelve and one, waiting on the steps of the shipping office.
The prisoners' statements before the Magistrate: Warinqer says: "I can say no more than that I have taken nothing from him. I have only one leg, and could not have hit him." Schofield says: "I was at work from 8 a.m. to 4 p.m., and have a witness."
Evidence for the Defence.
JOHN BROWN . I am a labourer at Cannon & Co.'s tea warehouse at the docks—I have worked for them on and off for about seven years—I am called a ganger—on April 5th the men started work as usual at 8 a.m. and worked till 4, treading tea into cases—there were eleven men and myself—this book (Produced) shows that—Mr. Witcher is responsible for it—I saw Schofield at work on April 5th—he worked from eight to four—his name is in this book—my attention was first called to his being charged with this crime on Thursday, April 7th—I did not refer to the book; I remembered that he was at work—I afterwards looked at the book and found his name ticked.
Cross-examined. I only know Schofield by sight—I used to call him Jim—Mitchell, the warehouse keeper, asked if I was a man short on the Wednesday—Schofield has been employed since March 17th regularly—a man named Harding borrowed 1s. of him on the Tuesday for his dinner.
ALFRED WITCHER . I am a foreman at Cannon's tea warehouse—I keep this book—my custom is to tick off the men each day—I stand by and see the men when they are taken on in the morning—I recognise Schofield as having been at work on April 5th, from eight to four—the dinner interval is 12 to 12.30—the men have only to go down stairs—Schofield is ticked on April 6th, but a dash was put there before we knew about this—that is scratched out—I had ticked the name in error—I am sure he was there on April 5th, because he got his money for that day—I produce his ticket which entitled him to draw his money—I gave him the ticket—his money was 3s. 9d.—the clerk puts the date at the back in pencil—here is "5-4-04" in pencil—his name is ticked on April 7th, but it is dashed across a little above the line.
Cross-examined. We do not retick the men when they come from dinner—if Schofield had not come back the foreman would have told me—he would only be paid for the time he worked, and if he remained away he would not be taken on any more—the tickets are kept—I have only brought this one.
Schofield, in his defence said that he was at work at the time of the robbery. Waringer, in his defence, said that the prosecutor came for lodgings; the only women at the house were his wife and daughter, and as the prosecutor was drunk he would not know whether he came with women or men, or what happened. NOT GUILTY
JENKINS PLEADED GUILTY to simple robbery.
MR. HUGHES Prosecuted.
REBECCA COHEN . I am the wife of Jacob Cohen, of 25, Bevington Road, Notting Hill—on March 25th I was in the Chesterton Road between 6 and 7 p.m., carrying a hand bag which contained two half sovereigns and 5s. 6d. silver and some coppers—someone attacked me from behind; I missed my hand bag, and saw a man running—I halloaed, "Oh, my bag" and ran after him, and shouted "Stop thief!"—a boy ran too; a crowd came—I cannot recognise the men.
Cross-examined by Hunt. Jenkins did not catch hold of my throat.
EDWARD BANKS . I live at 34, Wheatstone Road, near Chesterton Road—on March 25th I was in the Chesterton Road about 6.50 p.m.—I saw Hopper and Hunt watching on the other side of the road to where the prosecutrix was—the small chap (Jenkins) got hold of her by her throat, snatched something, and as soon as the lady screamed ran across the road—the other two chaps ran with him—they ran straight up St. Lawrence Road—I lost sight of Jenkins—the other two stopped.
Cross-examined by Hunt. You did not run away with Jenkins.
Cross-examined by Jenkins. I saw you run up the road and stop.
ALBERT AYRES (Detective X.) On March 20th, about 1.30 p.m., I saw the three prisoners near the Falcon public house, and treated them to four ale—while they were drinking it I got assistance and came back—I said to Hunt. "I am a police officer; I am going to arrest you three for stealing last night from a lady a bag, and also assaulting her"—I took them into custody—Hunt said, "This is all right"—Jenkins said, "I know nothing about it"—I took them to the station, where Jenkins was identified.
WILLIAM BURRELL (Sergeant X.) On March 26th I saw the prisoners at the police station, Harrow Road—Hopper made this voluntary statement, which I wrote after cautioning him: "I reside at Abbey Chambers, Kensal Road. I have known John Jenkins and George Hunt for about twelve months. Last night, about 7 o'clock, I saw Jenkins and Hunt outside the Earl Derby public house, Bosworth Road. Jenkins said, Let us go for a walk,' and we all three walked off together. We all
walked to Ladbroke Grove and Chesterton Road; we all stood at the corner, and a lady came walking along. I saw she was carrying a small hand bag. All at once Jenkins said, 'Here's one,' and ran across the road. I saw him snatch the hand bag from her and run away. I heard a lady shout, 'Stop thief!' Hunt remained with me until Jenkins snatched the bag. Hunt then ran across the road and ran away with Jenkins. I stopped still. I did not run away. I saw a lad running after Jenkins and Hunt. I lost sight of them. I then went home to the Abbey Chambers. I next saw Jenkins and Hunt together at the Earl Derby. Jenkins said, 'I only had a shilling.' He also showed me the bag (it was a light coloured one) and I think three bills. Jenkins gave me sixpence to go and buy some bread, butter, tea and sugar. I left Jenkins and Hunt shortly afterwards. I have never been in their company when they have done this kind of thing before, and had I known they were going to do this I would not have gone with them. I have heard Jenkins talk of having stolen things from ladies before. I heard him say he stole one from a lady in Kensal Road with about Ms. in it. I have never been in trouble before, and I make this statement after being cautioned."
Hopper's defence: I am innocent.
JENKINS—GUILTY of robbery.
HUNT— NOT GUILTY (See next case.)
MR. HUGHES Prosecuted.
LAURA HOWLETT . I am the wife of Henry Howlett, of the Lads of the Village public house, Kensal Road—on March 15th I was in Kensal Road about 7 p.m. with a lady friend, about half a dozen yards from my house, carrying this bag on my arm, with this purse inside, which contained 18s.—a chain was attached to the bag—two men came from behind—one of them came between us, and broke the bag away; they then ran off—after they had got three yards away I ran after them as far as I could.
CATHERINE FIELD . I am eleven years old—I live at 30, Bosworth Road—I knew the prisoners before March 15th—I live in the same neighbourhood—on that day I saw them standing at the corner of Kensal Road—they walked behind Mrs. Howlett and a lady friend—they began to walk quick, then Jenkins rushed between the two ladies and snatched the bag off Mrs. Howlett's arm—Jenkins ran one way and Hunt the other—I saw them the next day.
ALBERT AYRES (Detective X.) I arrested the prisoners on March 26th in a public house at Kilburn—I told them the charge—Jenkins said, "I know nothing about it"—Hunt said, "That is all right"—I mentioned both cases. (See last case.)
Hunt's defence: I know nothing about it.
JENKINS then PLEADED GUILTY to a conviction of felony at Marylebone Police Court on January 19th, 1901; two other convictions
were proved against him. Three years' penal servitude. HUNT, against whom one previous conviction was proved— Eighteen months' hard labour.
THIRD COURT.—Tuesday, April 19th, 1904.
Before Mr. Common Serjeant.
365. ALBERT DAY (40) and ERNEST ROBERT RIMMER (35) , Stealing two sheets of paper, two envelopes, two postal orders for £1 and 1s., and twelve postage stamps, the property of Francis Hoyges and others.
WILLIAM BALLARD (254, City). About 7.45 a.m. on March 17th I was on duty in Aldersgate Street—I saw the two prisoners walking towards me in the direction of the General Post Office—I noticed Day reading a paper and looking rather suspicious—I turned round and saw lying on the pavement a letter on a newspaper—I picked it up—a little farther on Day took a letter from his pocket—after showing it to Rimmer he tore it up and threw it in the carriage way—I picked it up also; they came back up Aldersgate Street—Day went into No. 67, Aldersgate Street—Rimmer remained watching on the opposite side of the road—Day remained there a short time and then again joined Rimmer—I saw Day take letters from his pocket and hand them to Rimmer, who tore them up and put them in his pocket—they threw one, which was a bill, into the carriage way—I picked it up—they walked down Little Britain, across Newgate Street to Paternoster Row, and turned towards Warwick Lane, at the same time looking into doorways—they turned back towards Cheapside—I then got the assistance of Cass, and told him to arrest Rimmer—I went after Day, who immediately ran away—I gave chase and caught him—I took him to the station, Where he was charged with larceny—on being searched, on Day were found two books with two separate lots of six penny postage stamps, which correspond with what is stated in the two letters that the prisoners threw away, namely, that six penny stamps had been sent—those letters were addressed to the Asbestos Sock Company, 67, Aldersgate Street—on Rimmer were found this chisel and tack drawer, and a letter addressed, "Asbestos Sock Company"—I found no postal orders—there were a lot of people about at that time of the morning, and they had every opportunity of petting rid of the orders.
Cross-examined by MR. DRAKE. I was alone on this morning—I did not, whilst I was watching, see another man—I am positive the prisoners were the only two men there—I am positive I saw Day throw letters away—Rimmer did not hand a letter to Day to look at and then throw it away—I say Day went into the doorway or 67.
Re-examined. This book found on Day refers to betting; there is nothing in it to show how he came by the stamps—I was in plain clothes at the time.
ROBERT HINE (Detective Sergeant, City.) I examined two letter boxes at 67, Aldersgate Street, about forty-five minutes after the offence and produce them—one is the Asbestos Sock Company's, and the other is Mr. Lewin's—this chisel found in Rimmer's possession fits the mark on the wooden box of the Asbestos Company, and the tack drawer also in his possession fits the mark on Mr. Lewin's box—these boxes were behind the street door of No. 67, which stands open for the convenience of the occupiers.
Cross-examined by Rimmer. There is nothing extraordinary about these tools, except that the tack drawer has two points and the chisel has a small portion broken off—they are things that might be bought any-where for a small sum—I have made inquiries about your character, and have found nothing against you.
Re-examined. I have not the slightest doubt these marks were made by these tools.
ALBERT CASS (177, City.) On March 17th I was on duty near St. Paul's Cathedral—I took Rimmer into custody—just before that I saw him tearing up letters and placing them in a wire basket on an orderly bin at the end of Cheapside—Lonsdale brought the fragments of letters to the station afterwards.
Cross-examined by Rimmer. I did not see you throw anything away after I arrested you.
ROBERT LONSDALE (332 City.) On March 17th I was on duty in Paternoster Row—I was spoken to by one of the constables in the case, and went to an orderly bin at the end of Paternoster Row. and in the wire basket attached to it I found three handfuls of torn up pieces of letters—I collected them and took them to the station (Produced).
Cross-examined by MR. DRAKE. I identify these as the pieces I picked up.
HENRIETTA GOWER . I am a lady's maid at 11, Nicholl Road, Willesden—this piece of letter is mine—it enclosed a postal order for 1s. addressed to Dr. Hoyges—it was posted on Wednesday, March 16th, about five o'clock.
JOHN HARKNESS . I am manager of the Custom House Drug Stores, 283, Victoria Dock Road, E.—I have here a bill marked "A"—I sent it to the Asbestos Sock Company with a postal order for £1, on March 16th, about 4 p.m.
EDMUND TEMESVARY . I am manager to the Asbestos Sock Company; 67, Aldersgate Street—this bill marked "A" we did not receive back—it was sent about March 1st to the Custom House Drug Stores—we did not get the £1 order that was posted.
Day, in his defence on oath, stated that on March 17th he met Rimmer by appointment as they were looking for work; that in Aldersgate Street they met a man named Williams, who handed them a parcel that he did
not steal the postal orders for £1 and 1s.; that he never saw them; that the two sets of six stamps each found were his own.
ALBERT DAY (The prisoner, examined by Rimmer.) You asked me to come and meet a man named Williams—we met him—I saw Williams hand you a parcel and told you to go to Paternoster Row and wait—on the way you showed me in the parcel some letters and things that have been produced here.
Cross-examined by MR. GREENE. I do not know why he showed them to me; he said to me, "There is something wrong with this"—I said. "I should go back with it"—he also afterwards showed me a chisel and one or two letters in Aldersgate Street.
Rimmer, in his defence on oath, stated that he met Day on March 17th to look for work; that he had an appointment with Williams whom he met: that Williams handed a newspaper parcel to him saying," Take these go to Paternoster Square and wait there; I shall not be long" that he went there; that the parcel came to pieces and there were letters in if that had been opened and a chisel; that he showed them to Day, who said to him," Go back and find Williams": and that he (Rimmer) said, no, he would keep the appointment.
GUILTY . Day then
PLEADED GUILTY to a conviction of felony at this Court on December 12th, 1898. Three other convictions were proved against him. Four years' penal servitude. RIMMER— Twelve months' hard labour. (The Police in the case were commended by the Court.)
MR. FRAMPTON Prosecuted.
FREDERICK HOWLETT . I am a corn merchant at Yaxham, Norfolk—I have known the prisoner for some time—on December 14th last I sent him a bay and white cob—he said he wanted one for a customer—I told him when he sold it he was to send me the money for it—nothing was said about deductions—he wrote in February and told me he had sold it, but did not mention the price—I cannot find the letter—I next saw him at Downham Fair on February 29th—I told him he had written that he had sold the cob, but had not mentioned the price, and my clerk would like to know how much he was to book it at—he said, "I have sold it for £45 net for you"—I asked him if he had taken the money—"No," he said, "I have not; I am to take it when I go back from Downham Fair, and I will send it on to you"—I did not hear from him, and having a letter from a Mr. Clements, I came to London—I tried to find the prisoner, but failed—Clements found him—I have never received any money for the cob.
Cross-examined by the Prisoner. You told me £45 was owing for the horse.
By the COURT. He did not tell me he had received the money—I did not owe him money at this time for other horses.
Re-examined. He had sold other horses for me and seat the money on,
JAMES CLEMENT . I am a coffee house keeper at 57, Lamb's Conduit Street—the prisoner lodged with me for about eighteen months—he was not lodging with me at the time of his arrest—he told me he would like to go to Downham Fair, but had no money—that was about the last Tuesday before the Fair—I did not lend him any—the following Friday he showed me some bank notes—he told me he had sold a pony on the Thursday, but had not received the money—on Friday, the 26th, he told me he had received £50—he asked me to write a letter to Mr. Howlett, stating that he had sold it, which I did—Mr. Howlett came to me after that.
Cross-examined. On the Tuesday you wanted to borrow money to go to Downham Fair—when you told me you had the money I did not say to you, "Let me have some of it; you are not going to let Mr. Howlett know what you sold the pony for."
EDWARD JOSEPH JOHNSON . I live at Dickens House, Broadstairs, and am cashier to Messrs. Freshfield—I was present on February 26th, when Mr. Freshfield bought from the prisoner a bay and white cob—he was paid five £10 notes for it—I gave the money to Mr. Freshfield, who handed it to the prisoner—the prisoner signed this receipt—this took place at 31, Old Jewry.
ERNEST BAXTER (Detective Sergeant E.) I arrested the prisoner on March 17th last at 7, Belgrave Street, King's Cross—I told him I should arrest him on the charge of stealing £50 from a Mr. Howlett—he said, "I have been drinking; I have done it in"—he was sober, but was suffering from drink—he went on to say he thought he had been robbed—I took him to Gray's Inn Road Police Station, and on the following morning he was charged—he said, "Howlett is a very good fellow; I am very sorry; he is the last person in the world I ought to have done"—I searched him, and found upon him 17s. 5d.
The prisoner in his defence, slated that he had had a lot of transactions with the prosecutor; that on the occasion in question he told Mr. Howlett he had received this money, and intended to buy another horse at Downham Fair; that he had no intention of stealing the money, and never did steal it; but unfortunately he had been drinking.
GUILTY. Recommended to leniency by the Jury. One month's hard labour.
MR. MORRIS Prosecuted.
ISRAEL BEDFORD (Police Sergeant T.) At 4.30 on March 13th I went to Sutton Police Station, and there saw the prisoner—I told him I was a police officer, and should take him into custody for unlawfully marrying one Isabel Welch on August 14th, 1901, at St. Thomas' Church, Fulham—he said, "It is all her fault; I suppose I shall get two years for it"—I brought him to London—on the way he said, "She had two 'fancy' men at Weymouth; I hope you will do your best for me"—I charged
him, having cautioned him—he replied, "Very good"—I produce a copy of the marriage certificate of March 1st, 1899, at Glasgow—I com pared it with the original at Edinburgh; also a copy of the entry at Somerset House of the second marriage at St. Thomas', Fulham, on August 14th, 1901.
HAMILTON BAILEY . I live at 94, Oxford Street, South Side, Glasgow, and am a cork cutter—I was present on March 1st, 1899, at the marriage of my sister, Amelia Bailey, with the prisoner at the Registry Office, Crown Street—my sister is still alive—I saw her last on Saturday morning—I signed the register as witness.
Cross-examined by the prisoner. I did not write to you and say that my sister had gone away and lived with another man—I said she had gone away with another man that she had kept company with before marrying you.
By the COURT. He lived with my sister about three or four weeks and then rejoined his regiment.
By the prisoner. It is a fact that my sister had had a child by another man, but you were well informed about it—my sister is not married to another man; that I swear.
MARY ISABEL WELCH . I live at 17, Roslyn Road, Fulham—I have known the prisoner for about four years—I first met him at Weymouth—I was keeping company with another man whom I had to meet one night, but he did not come; the prisoner came instead—the following year the prisoner went to South Africa on active service—when he came back he married me at St. Thomas', Fulham—he told me he was a single man—I lived with him after the marriage till about two months ago—we separated because we could not agree—there are two children of the marriage.
The prisoner, in his defence, stated that he had been a soldier in the Royal Artillery for thirteen years; that when he married his first wife he was drunk, or he would not have done it; that he left her to join his Battery; that he received a letter from her brother, stating that she had gone away with another man; that he received another letter, stating that this man had thrown her downstairs and broken six of her ribs; and that he was told she was dead.
The prisoner, in his defence on oath, stated that before he married Miss Welch he was sure his wife in Glasgow was dead.
FOURTH COURT.—Tuesday, April 18th, 1904.
Before Lumley Smith, Esq., K.C.
368. THOMAS MOSS (32) PLEADED GUILTY to stealing a watch the property of Alexander Tullis; also to stealing a packet of cigarettes and other articles, and 7 1/2 d., the property of Thomas Perry; also to stealing a knife and tobacco pouch, the property of Alfred Bushell; having been convicted of felony at the Woolwich Police Court on March 20th, 1903. Twelve months' hard labour.
SULLIVAN PLEADED GUILTY .
MR. WATERLOW Prosecuted.
HUGH CAMERON (756 City.) At 5 a.m. on March 22nd I saw the prisoners in Leadenhall Street—from what I saw I took them into custody—Sullivan said at the station, "This is the third window we broke to-night; one in the Strand, one in Newgate Street, opposite the G.P.O., I broke the window and put my hand in and tried to get some cigars; I only got this pipe; Moses put his hand in and got another pipe"—they handed me those two pipes (Produced).
ALFRED ROBERT PEARCE . I am a cigar merchant, of 48, Newgate Street, City—on the morning of March 22nd, on reaching my shop I found my window broken, and these two pipes which I now identify were missing—they are worth about 1s. 6d. each.
Moses, in his defence, said that he saw Sullivan, whom he had never seen before, break a window and take a pipe, and that he look a pipe also.
Moses' statement before the Magistrate: "I saw Sullivan take a pipe, so I took a pipe."
GUILTY . SULLIVAN, against whom one previous conviction was proved— Six months' hard labour. MOSES— Three months' hard labour.
MR. J. R. DAVIES Prosecuted.
DANIEL BALLS . I am a carman, of Braintree, Essex—on March 19th last I was up in London for the day—in the afternoon I was walking along Dorset Street on my way to White Lion Street, when three men came up to me—Franklin and another man held me while Oates put his hand into my breeches pocket and took out my purse—I think there was £3 in it, but I know there were three half sovereigns and a sovereign—I had never seen the prisoners before—I saw a policeman almost directly after, and described the prisoners to him—he came with me, and we met Oates, whom I pointed out—I did not see Franklin.
Cross-examined by Oates. you were standing in a doorway in New Court when I came up with a policeman and said, "That is one of them," meaning you—you did not ask me, "What do you mean by 'one of them'?"—you never spoke to me at all—I did not then say to the policeman, "I think he is one of them"; you handed my purse to a woman in a hat and shawl—Franklin put his hands over my eyes, but I can swear it was you who went through my pockets; you were in front of me.
Cross-examined by Franklin. You came from behind on my right side—your hands were not over my eyes the whole time; I had a good set to
with the lot of you—I cannot say whether you were in the court when Oates was arrested.
ARTHUR MITCHELL (363 H.) I was on duty in Commercial Street, Whitechapel, when the prosecutor gave me some information, in consequence of which I spoke to Constable Shrubb, and we went to New Court through Dorset Street—there the prosecutor pointed out the two prisoners to us, who were together—Franklin ran into a house, and I, assisted by Shrubb, arrested Oates, who was very violent, and threw Shrubb to the ground—on the way to the station he threw a half sovereign to the ground, which I picked up—when charged he said he was a porter and had won the money gambling.
Cross-examined by Oates. You did not say to the prosecutor, "What do you mean by 'one of them'?"—I did not twist your hand behind your back—you threw away the half sovereign about ten yards from you in Dorset Street; you did not have a chance to throw it further—you pitched it over your shoulder—I picked it up while the other constable held you—you threw Shrubb down in the passage.
Cross-examined by Franklin. you were in the court when Oates was arrested—we had no chance to arrest you; you ran into a house, and it was all we could do to arrest Oates—the next time I saw you was on Sunday, March 20th. at Commercial Street Police Station.
Re-examined. The prosecutor did not seem in drink at the time.
WILLIAM SHRUBB (311 H.) I was on duty in Commercial Street, Whitechapel on March 19th, when Mitchell gave me some information, in conesquence of which I went with him to New Court—Oates and Franklin were pointed out to me by the prosecutor—Franklin ran up a staircase—we had not very much difficulty in arresting Oates, but it was impossible for us to have arrested anyone else at the same time—on the way to the station Oates put his hand in the ticket pocket on the right hand side of his coat, took a half sovereign from it, and threw it away—I got hold of him above the elbow.
Cross-examined by Oates. I do not know what condition your ticket pocket was in then—I see that it is torn now.
JOSEPH PULLEN (Police Sergeant H.) I arrested Franklin at the Wilderness Lodging House, Went worth Street, Spitalfields, on March 20th—I said to him. "I am a police officer, and I am going to arrest you on suspicion of being concerned with two other men in robbing a man in Dorset Street yesterday"—he said, "All right"—I took him to the station, and he afterwards said, "I shall be able to prove where I was from six in the morning till seven at night for the last three or four years"—he was placed among ten other men, and the two last witnesses identified him—on the following morning he was placed among sixteen men and four boys at the buck of the police court, and the prosecutor identified him without hesitation as being one of the men who assaulted him.
Cross-examined by Franklin. I told you that you were going to be identified, and that you could stand where you liked—you were not placed with eight boys—the prosecutor was not told to have a look to see whether "his man" was among them.
Oates' statement before the Magistrate: "I am perfectly innocent. The money on me was what I won at gambling."
Oates, in his defence on oath, said that he had been playing pitch and toss up the court, and that his winnings were 10s.; that the prosecutor came up as he was standing in a doorway and, pointing to him, said, "There is one of them"; that he (Oates) went up and asked him what he meant by one of them," and that the prosecutor said. "I believe you are."
Franklin, in his defence on oath, said that he asked the policeman why Oates was being arrested, and that he was told if he did not go away he would be arrested for attempted rescue; that he was not arrested until Sunday night, although the police knew where he lived.
FRANKLIN† then PLEADED GUILTY to a conviction of felony at the North London Sessions on March 7th, 1899, and several other convictions were proved against him. Two previous convictions were proved against
OATES.† Twelve months' hard labour each.
MR. WATT Prosecuted.
MAURICE SILVERMAN . I am manager for Annie Silverman, who trades as the Eagle Chemical Company, at 18, Commercial Street, Mile End—the prisoner was employed by us as a traveller to sell goods for cash on delivery only—he was not authorised to receive money, and he has never paid us money that he has said he has received—on March 5th we got an order through him from Messrs. Coules, of Bermondsey, for ten gross of bleaching soda in half gross boxes, to be delivered on March 8th or 9th—we paid the prisoner the commission he was entitled to—I went to see the firm on the 11th. and in consequence of what happened I said to the prisoner on March Kith or 14th. "What made you send in a bogus order 1", and he replied, "Mr. Coules gave me that personally," and he told me that he would go down and see that the goods were accepted—I went again to Messrs. Coules on the 20th or 22nd and in consequence of what happened I immediately communicated with the police, and gave them certain information.
Cross-examined by the prisoner. you had no authority to reduce the price at all.
FREDERICK READER . I am manager for Messrs. Coules—on March 9th we got a supply of bleaching soda from Annie Silverman which we had not ordered—Mr. Coules and myself order goods, as a rule—on March 11th Mr. Silverman called upon me to get the money for the soda delivered—on March 15th prisoner called for the account and we told him that the stuff had not been ordered, whereupon he said he would knock 6d. a case off the price of it to save the cartage back, and I paid him the account, £2 10s., for which I hold the receipt in his handwriting—I had ordered goods from Silverman through the prisoner before—I have never paid him money; I always paid the carman.
at his house 10 Junction Place. Amhurst Road, Hackney—I told him who I was and the charge, and he said, "I collected the money in the usual way, but I ought to have paid it in, which I have not done. I am sorry to say I have had to break into it for to pay the rent with"—I took him to the station—he was charged, and made no reply.
The prisoner, in his defence, said that he went all over London for Silverman, and that no expenses were allowed him; that he acknowledged having taken the money, but that he was owed an amount for commission, and that therefore it was a matter of account.
MAURICE SILVERMAN (Re-examined by the COURT.) After crediting him with all commission due, he owes us 10s. for money we lent him—we used always to be lending him shillings to go on with—he was constantly drunk.
GUILTY. Strongly recommended to mercy by the Jury. Discharged on his own recognisances.
OLD COURT.—Wednesday, April 20th, 1904.
Before Mr. Justice Darling.
MR. FULTON, for the prosecution, offered no evidence.
PLEADED GUILTY She received an excellent character. Discharged on her own recognisances. (For other cases tried this day see Essex and Surrey cases.)
THIRD COURT.—Wednesday, April 20th, 1904.
Before Mr. Common Serjeant.
DAVIS BENJAMOVITCH (Interpreted.) I am a draper at 244, Commercial Road, E.—I keep a stall in the front of my shop—on Saturday, April 2nd, the prisoner came up to it and took away a box of socks—he started to run—I seized him by the neck, and a policeman came up—he was a few yards from the shop when I caught him—this is the box of socks (Produced).
Cross-examined by the prisoner. I was standing by the door—as soon as I seized you, you dropped the box—you started to walk quickly—you were carrying the box in your hand—I did not ask you to pay for the socks.
and run down the street—the prosecutor and I ran after him and caught him—he was twelve to fifteen yards from the shop when he dropped the box.
The prisoner's statement before the Magistrate: "I wish to say the box was knocked down next door where the pub. was. The prosecutor took it into the shop when he came out, and was arguing the point with me."
Evidence for the Defence.
JOHN COLLINS . I am a carman—I was at the corner of Hungerford, Street on the day of this occurrence—about 2.30 the prisoner and his brother came along, and he said to me, "Are you coming home?"—I went with him and his brother—just as we passed a shop I heard a man talking to him in the Jewish language—I turned round and saw the prosecutor touch him on the shoulder and say, "That is all right; you have done no harm"—a policeman walked over, and the prosecutor said, "I will give him in charge"—the policeman then took him—that is all I know.
Cross-examined. I saw this box on the stall—I did not see it lying on the pavement—I did not see it in the prisoner's hand.
By the COURT. When the conversation took place the box was on the stall—I was in front of the prisoner as we went by the shop—I heard the talk, but I do not know what they were talking about—I only heard the prosecutor say, "That is all right, my man; you have done no harm"—I did not see the box lying on" the pavement or the public house step, or anything else—I did not see the prisoner running up to the corner of the street—the prisoner is a friend of mine—when he was arrested I went and told his wife—I did not ask the policeman what he was taking him for, or give evidence before the Magistrate—I did not see the prisoner knock the box off the stall.
ALBERT MARSH . I am a bricklayer, of 89, Tarling Street, E.—the prisoner is my brother—on April 2nd me and my brother was coming along Commercial Road, and met Collins—we walked a little in front of my brother—we turned round and heard him and a man talking—the man was tapping him on the shoulder, saying, "It is all right, my man; it is all right"—afterwards, when the policeman came across the road, he said, "I will give him in charge for stealing socks," and he was then taken into custody—I asked the policeman where the socks were, and he said, "How do I know? I suppose the man has got them"—the prisoner had been drinking a lot that day.
Cross-examined. I did not see anything of the socks being knocked down or lying on the pavement, either at the shop door or further along the street.
By the COURT. I have been in trouble before—I was tried at the North London Sessions in 1898 for snatching a watch and chain, and got twelve months—in 1895 I was sentenced for stealing and I was convicted once before that.
The prisoner, in his defence on oath, stated that he knocked the box of socks off the stall on purpose, but it was only a drunken freak; that he had no intention of stealing: that he never had the socks in his hand; that
he did not run away; and that it was the prosecutor's lodger who gave him into custody, and not the 'prosecutor.
DAVIS BENJAMOVITCH (Re-examined.) The man who was in my shop accompanied me to the police station as interpreter—I did not pick the box up on the step of the public house, which is next door to my shop—I did not say to the prisoner, "It is all right: you have done no harm."
GEORGE HARMAN (Re-examined.) I say when I saw the prisoner, he was carrying the box, and I saw him drop it—I did not say it was only a drunken freak, or that I was taking him for being drunk, or anything of that kind.
GUILTY . He then PLEADED GUILTY to a conviction of felony at this Court on January 13th, 1902. Twelve previous convictions were proved against him. Five years' penal servitude.
MR. DAVEY Prosecuted.
ALFRED CHARLES SORRELL . I live at 43, Winchester Street, King's Cross and am a carman—on Saturday, March 19th, I was in Penton Street between 10 and 10.30 p.m.—Rose Lawrence was with me—I was standing talking to her when the prisoner came behind and fetched me a blow behind the ear and twisted me round—I was stunned for a moment—he snatched my watch and made off—I gave chase—he was then about ten yards from me—I could see him clearly—I have no doubt the prisoner is the man—I did not catch him—I lost sight of him—I next saw him at the police station just before 11 the same night, and charged him with the robbery of my watch—I then mentioned the violence he had used towards me—he did not say anything then—I have not seen the watch since.
Cross-examined by the prisoner. I saw your face as you turned round to see how far I was behind—that was the only time I saw your face to get a good look at you—I did not see anyone with you—nobody else ran away.
By the COURT. I am sure the prisoner is the man who struck me and took my watch.
ROSE LAWRENCE . I live at 46, King's Cross Road—on Saturday, March 19th, between 10 and 10.30 p.m., I was in Penton Street with Sorrell—I saw the prisoner strike him, but I did not actually see him take the watch.
Cross-examined by the prisoner. When you struck the prosecutor he fell, and I caught him.
By the COURT. I saw the prisoners face at the moment he struck the prosecutor.
JOHN KEMP (265 G.) On Saturday, March 19th, about 11 p.m., the prisoner was given into my custody by Frederick Glenister—I took him to the station—when there the prosecutor arrived and charged him with stealing his watch and chain, and striking him at the same
time—the prisoner made no reply—I saw that Sorrell was injured by his ear.
The prisoner, in his defence on oath, said that he was going home along Penton Street when he was arrested and taken to the station; while there Sorrell came in and charged him; that he did not rob and strike him, as he was not there at the time.
GUILTY . (See next case.)
MR. DAVEY Prosecuted.
FREDERICK GLENISTER . I am a first-class petty officer at the Royal Naval Barracks, Chatham—on March 19th, about 11 p.m., I was in Penton Street—as I went along I saw the prisoner standing against some railings, and he snatched my watch and chain—I saw him clearly, and am certain he is the man—he ran away—I chased him and caught him—I never lost sight of him—he turned round and struck me on the left cheek—I gave him into custody.
JOHN KEMP (265 G.) On Saturday, March 19th, about 11, the prisoner was given into my custody by the prosecutor—he was taken to the station and charged—he made no reply—the watch was not found on him, and has never been recovered.
The prisoner, in his defence on oath, said that he was going home along Penton Street when he was seized by the prosecutor, who ran from behind a cart and threw him down; that if the prosecutor was struck, it must have been in the struggle: and that he knew nothing of the matter.
GUILTY . Eighteen months' hard labour.
The prisoner stated in the hearing of the Jury that she was
GUILTY . Discharged on recognisances.
FOURTH COURT.—Wednesday, April 20th.
Before J. A. Rentoul, Esq., K.C.
378. ROBERT DUNCAN (32) and FREDERICK JOHN GADSDEN (27), PLEADED GUILTY to stealing an overcoat and other articles, the property of Dayman Braddon. They received good characters. Discharged on recognisances.
MR. PASMORE Prosecuted.
WILLIAM CROSTON (Police Inspector B.) In consequence of information received, I went with the divisional surgeon on February 18th to 12, Ovington Gardens—I saw the prisoner and told her I had received certain
information from her master that she had confessed to him she had recently been confined of a child, and that she had concealed the body—she said, "It is true"—I asked her where the body was, and she said, "I have taken it out of the drawer, and I have placed it on my bed"—I went with the surgeon up to her room and found on the bed a bundle covered by a jacket—the body was tightly wrapped up in two petticoats, and covered with the jacket—the doctor examined the body and said, "It is the body of a newly-born child not been washed"—we then came down, and the prisoner having consented, the doctor examined her and certified that she had been recently confined of a child—she was then conveyed to the station, formally charged, and then removed to the infirmary, where she remained three weeks.
Cross-examined by the prisoner. The body was only rolled up in the petticoats; it was not tied.
WILLIAM EVANS . I am divisional surgeon of police—I accompanied Croston to 12, Ovington Gardens at midday on February 18th, and saw the prisoner—I went up stairs and found the body of a fully developed, newly born female child, wrapped up in some petticoats—it had been born two or three days—there were no marks of violence on it—it had breathed, and had died from asphyxia—the verdict of the Coroner's Jury was that it had died from that cause, but there was not sufficient evidence as to how it was produced.
MICHAEL MORGAN (Police Sergeant D.) On February 18th I went to 12, Ovington Gardens, and took the prisoner into custody—she said, "I had a child in the bath room about four o'clock on Tuesday morning, and put it in the drawer in my bedroom, but the drawer was not locked; I came down about seven o'clock and cleaned the bath room out"—she was put into the infirmary, and remained there for three weeks.
GUILTY. Recommended to mercy by the Jury. A former conviction was proved against her at Littlehampton in 1895 for concealing the birth of her newly born child. Discharged on her own recognisances.
GREEN PLEADED GUILTY .
MR. GREENFIELD Prosecuted; Mr. Keith Frith Defended.
PAUL KOLLMAR . I am an assistant to Mr. Bremner, trading as F. L. Bremner & Co., 64 and 65, Holborn Viaduct—on February 27th, the prisoners came into the shop, and Barr said to me in German that there was going to be an exhibition in St. Louis, in America, that they wanted to sell jewellery there, and wanted to buy some from us—I showed them our stock; they were about two hours inspecting it—they selected about £300 or £400 worth of jewellery, but they only paid for and took away with them three chains, costing £11s., which Green paid—they spoke very little to each other; Barr selected the goods—he spoke Polish German; Green did not speak such good German as Barr—Green put the chains into his pocket, and they were going away, when one of them said they would call again on Monday to fetch the goods
—we never saw them again until they were in custody—a week afterwards we missed two pairs of gold sleeve links, one pair of which I identified at the police court as being a pair I had shown them when they called on us on the 27th (Produced)—I remember they were produced by a pawnbroker—on missing them we gave information to the police.
Cross-examined. I have been in my present position a year—we have some foreign customers, but all the time I have been there they have not brought in an interpreter—Barr did not buy or pay for anything himself—he did not say, "This gentleman wants to buy some goods for the St. Louis Exhibition "; I understood he was buying these goods for himself—he was the spokesman.
WILLIAM REEVE . I am an assistant to Mr. Smith, a pawnbroker, 23, Tottenham Court Road—I identify these sleeve links (Produced) as having been pawned at our shop on February 27th for 8s.—the name given to us was A. Miller, 34, Stephen Street, Tottenham Court Road—I do not recognise either of the prisoners as the man who pawned the links.
Cross-examined. I was present at the police court when Barr admitted having pawned them—I have been a pawnbroker's assistant for fifteen years—when a man has acted dishonestly and pawned things at our shop he does not generally admit having done so.
FREDERICK FOX (Detective N.) On March 23rd, at 10 p.m., I went to Tottenham Court Road, and saw Barr—I went up to him and told him I was a police officer, and should arrest him for being concerned with a man named Green, in custody, for stealing jewellery from a shop in Holborn—he said, "Very well," and went with us to the. Tottenham Court Road Police Station—I asked him for his address, and he gave me 19, Pitt Street, which was false—he afterwards gave his correct address—on the way to Scotland Yard he said voluntarily, "I did go to a shop in Holborn with a Frenchman. He wore a small beard. If it is the same man, when I see the man I will tell you so"—when the charge was read to him he said he did not know Green—he spoke in English.
Barr's statement before the Magistrate: "Two men came to me and said I speak very good German, and he wanted to have goods for the St. Louis Exhibition, and he would give me 8s. if I went with him to explain it in German, and he gave the address of Bremner. I had bee three years from the place where M. Bremner had the jewellery. One man speaks only American German and the other man only Roumanian Yiddish, and I went up with him to Bremner, and he bought three chains, and I went to Tottenham Court Road. Another man saw me there, and said, 'All right, you can have your money if you go in and pawn these pearl links.' I went in and gave him the pawn ticket and 8s. He went into a public house, and I get nothing."
Barr, in his defence on oath, said that he was a traveller, and had a licence from the police; that a man named Rosenthal, whom he had known slightly "for three months, asked him to act as interpreter to another gentleman, as he spoke good German, as this gentleman wanted to buy some jewellery
for the St. Louis Exhibition, and promised to pay him 8s. for his trouble; that he met Green, and they together went into Brenner's shop, where samples were shown them; that on coming out they met Rosenthal at the corner of Oxford Street, and that Green, after having talked privately to Rosenthal, walked away; that on his asking Rosenthal for the money, Rosenthal took from his cuffs a pair of links, and told him to go in and pawn them, giving the name of "A. Miller"; that he did this, and having got 8s., he gave the money and the pawn-ticket to Rosenthal, who said, "Wait a minute" and went into a public house; that he did not see him again; that he did not know where Rosenthal lived; that from the time this transaction had taken place till he was arrested he had searched for him without success; and that he had never seen the cuff links before, and did not know that they were stolen.
NOT GUILTY (See next case.)
381. SOL GREEN (42) and ESTHER MALKANE (.30) PLEADED GUILTY to stealing six pairs of silk stockings and a hat. the property of Sir Frederick Cook and others. GREEN† having been convicted of felony at Bow Street, on January 19th, 1903. Several other convictions were proved against him— Eighteen months' hard labour. MALKANE† having been convicted of felony at Liverpool, on February 13th, 1901— Eight months' hard labour.
382. EMILY HUGHES (20) and ELIZABETH TURNER (34) , Stealing four suits of clothes, the property of Robert Batzer, and two pieces of silk cord and other articles, belonging to Vicars and Poirson. Second count, Receiving the same.
MR. METHVEN Prosecuted; Mr. Drake Defended Hughes.
JOHN EZRA STRAKER . I am a porter to Messrs. Vicars & Poirson, of 5, Newgate Street, who are art needlework manufacturers and ware-housemen—on March 16th Wines was in our employment as an errand boy—about 3 p.m. on that day he was sent with a parcel containing some canvas, cardboard boxes, and lustrine (Produced) to the carriers.
STANLEY JOHN WINES . On March 16th I was an errand boy to Messrs. Vicars & Poirson, and was sent by them with a parcel to the carriers—as I was passing a shop in Queen Victoria Street a man standing in a doorway told me to go up stairs with a message—he said, "Hurry up, because I want to catch a cab"—I left my parcel in his charge, and when I came down he was gone—I was only away two or three minutes.
ROBERT REILLY . I am an assistant to Henry Fish, pawnbroker, of 79, Kingsland Road—on March 3rd Hughes came to pledge a pair of trousers and a suit of clothes—I asked her whose clothes they were, and she said her husband's—I then asked her how much her husband had given for them, and she said £4—I found the clothes were a big size, so I said, "Your husband is a big man," and she said, "Yes, he is rather"—on March 18th she came in with this art canvas (Produced)—I recognised her as the woman who had pledged the suit of clothes, and having received information from the police, I asked where she had got if from—she said it was her own property—I then sent for a policeman.
Cross-examined. I have seen the prisoner twice in all—she seemed to act openly, and we advanced what was a reasonable sum.
Re-examined. When she pawned the clothes she gave the name of Ann Ewin—it is a custom for people pawning things to give their wrong name.
ROBERT BATZER . I am an assistant to my father, Robert Batzer, a tailor, of 30, Eastcheap—on March 3rd his errand boy, William Murray, was sent out with two large parcels containing clothes, which I now identify (Produced).
WILLIAM MURRAY . I was errand boy to Mr. Robert Batzer on March 3rd, when I was sent in the afternoon with two parcels—a man came up to me in King William Street and called me into a doorway and sent me up to a person named Lovatt with a message—I left my parcels with him, and when I came down stairs the man had gone.
ROBERT LYON (Inspector, City.) On March 18th I went with Sergeant Miller to Hoxton Police Station and saw Hughes—I told her that we were police officers, and were making inquiries with reference to some suits of clothes, the property of Mr. Batzer, of 30, Eastcheap, which had been stolen from a messenger boy on the 3rd inst., and that she had been identified by the pawnbroker as having pawned them—she said, "I was passing the shop when a woman in the street asked me to pledge them for her, which I did," and she said that the curtains, meaning the canvas, belonged to her—I then asked her where she lived, and she told me No. 5 Sandy's Row—I then sent her to Cloak Lane Police Station with Detective Wise, and went with Miller to the address, where we found this lustrine and other things, which have been identified by Messrs. Vicars & Poirson—I saw Turner who I believe is Hughes' mother and told her that we had got her daughter in custody, and that she had told me she had gone to Fish's in Kingsland Road to pledge a pair of curtains belonging to her—Turner said nothing, and we then searched the rooms, where we found a number of pawn tickets, including some relating to the other three suits of clothes.
Cross-examined. There was only one general bedroom at Sandy'a Row occupied by the two prisoners—the box in which we found the goods was underneath a table—I do not know whether it belonged to Turner or not—she told us that she knew nothing about the four suits, but that a man had left a suit at their place for her to pledge.
Re-examined. I told Hughes that she would be charged with stealing four suits of clothes, and she said, "I did not steal the four suits; a man whom I know very slightly left the coat and vest and two pairs of trousers at our place for us to pledge."
WILLIAM MILLER (Detective, City.) I went with Lyon to Sandy's Row on March 21st, where we saw Turner—Lyon said, "We have come to see you again in respect of the property we took away from you the other day; we have since found out it was stolen on the 16th at Queen Victoria Street, and you will be charged with being concerned with your daughter, already in custody, and with a man not in custody, in stealing and receiving it," to which she made no reply—he also told her that she would be further
charged with being concerned with her daughter and a man not in custody in stealing four suits of clothes, the property of Robert Batzer—she said, "I know nothing about four suits, but only one, which was brought in by a man."
Hughes, in her defence on oath said (hat a young man on the Thursday morning had left a suit of clothes and a pair of trousers at her mother's place, requesting that they should be pledged; that at her mother's request she pawned them, and that in doing so she did not say the suit was her husband's, nor did the pawnbroker ask her to whom it belonged: that she had told the police officer that she was pawning them at the request of a woman in the street, because she suspected something was wrong, and she did not want to get her mother into trouble: and that she did not know where the art curtains came from, but had believed they were her mother's.
GUILTY on the second count.
TURNER then pleaded GUILTY to a conviction of felony at Clerkenwell Sessions on January 3rd, 1899— Two years' hard labour.
HUGHES, who was stated to be under the influence of her mother— Three months' hard labour.
NEW COURT.—Wednesday, Thursday, and Friday, April 20th, 21st, and 22nd, 1904.
Before Mr. Recorder.
383. JOHN EDWARD TITCHMARSH (53) PLEADED GUILTY to a libel on John Picard. Three months' imprisonment, at the expiration of which time to find a surety for £30, and to enter into his own recognisances of £100 to keep the peace for twelve months, or in default to be further imprisoned for three months.
384. FREDERICK DENHAM (34) , Obtaining goods and credit within four months of his bankruptcy. Other counts for obtaining credit by fraud, and by false pretences other than by fraud, and for having disposed of his properly otherwise than in the ordinary way of his trade, and for fraudently converting to his own use, property entrusted to him.
MR. MUIR, MR. BODKIN, MR. LEYCESTER, MR. FULTON, and MR. A. WARD Prosecuted; LORD COLERIDGE, K.C., and MR. LUSHINGTON Defended.
EDMUND HUNT DRING . I am head assistant of Mr. Bernard Alfred Quaritch, of 15, Piccadilly—the firm has had dealings with Alexander Denham & Co.—the first ledger account was in 1900, but we had small dealings before that—after the death of Mr. Alexander Denham in 1902 we dealt with the prisoner—their purchases in 1900 amounted to £99 18s. 9d.; in 1901, to £70 19s., and up to December, 1902, £1,183 10s.—we had a second Folio Shakespeare for sale from June to December, 1902, with a Smeth wick imprint—on December 18th, 1902, the prisoner called at 15, Piccadilly—he said, "I have been asked by a customer for a copy of the First and Second Folio Edition of Shakespeare"—he said the customer was an American, and was staying either at the Carlton or Claridge's Hotel, I forget which—he said, "I want you to lend me this Second Folio Shakespeare"—I said I would consult Mr. Quaritch—I went to Mr.
Quaritch and gave him full details of what the prisoner had told me—in consequence of what Mr. Quaritch said I returned and said to the prisoner, "Mr. Quaritch will allow you to take the book to show your customer, and we must have his decision within twenty-four hours"—if the customer liked the volume the payment, £720, was to be made that day month—if he did not buy, it was to be returned to us—the prisoner agreed to that and went away with the Shakespeare—a clerk made out this invoice: "210-112—Shakespeare Second Folio, old calf, 1632, £720, if sold to be paid for on 18th January, 1903"—this was near mid-day—I did not see the prisoner next day, but I was informed that Mr. Waring Denham had called—the Second Folio Shakespeare has never been returned nor paid for—we issued a writ after three days—in consequence of a statement made, I considered the volume was sold, and we treated it as having been sold by the prisoner to his customer, and looked to him for payment—a bankruptcy petition was filed before judgment was obtained—Mr. Quaritch is credited in that bankruptcy with £960 odd—there were a few items in addition to the £720—Mr. Quaritch had bought the volume at an auction at Sotheran's—this is the book (Produced).
Cross-examined. I dare say I knew Denhams had been book dealers for some years—I never saw the prisoner's father—I knew the firm had been in the trade ten years in London—their dealings with our firm up to December 18th had been satisfactory—we never had a cheque returned, they were a bit slow, that was all—on December 5th I saw the prisoner as to a £1,000 transaction—the Second Folio Shakespeare was then in the shop—he did not say he had "a client in America" but that he had "an American client," and not that he was "in the habit of staying at Claridge's when he came to England"—either of us would be shy of stating to the other who our customer was—I am not sure whether he mentioned Claridge's or the Carlton—I should not have gone to find out his client in either case—I have heard of Mr. Halsey, but I would not have gone behind another man's back to find him—I have a reputation to keep up—a code of honour in the trade would have prevented my making inquiries—it was not necessary to put on the invoice the twenty-four hours' limit—as we had not the customer's name we could only look to the prisoner for payment—on December 19th I sent the prisoner an account of books bought as desired for £994—that was everything he owed—he had no option of buying the book—we should not have allowed him to have the credit, because he had not sufficient standing as a firm, but we believed him when he said he had a client who had—one supposes a certain amount of honesty and business capacity in an agent—these were transactions supposed to be cash which he had not paid for.
BERNARD ALFRED QUARITCH . I am a bookseller of 15, Piccadilly—on December 18th, 1902, my head assistant came to me in reference to a Second Folio Shakespeare—in consequence of what he said I gave my consent to the book passing into the possession of the prisoner for twenty-four hours—the following day I saw his brother, Mr. Waring Denham, in my shop—he said, "The book is sold"—I said, "Is it sold?"—he said, "Yes"—he conveyed that meaning to me—in consequence of what he
said I sent a letter and statement of account to the prisoner—I would not have parted with the book if I had known it was to have been sold to Sabin.
FRANK THOMAS SABIN . I am a bookseller, of 118, Shaftesbury Avenue—on December 18th, late in the afternoon, or in the evening, prisoner brought among other things this Second Folio Shakespeare, and asked me if I wished to buy it—I said I had no particular desire; I was not specially interested—I knew him as a bookseller—he said it had a special imprint, and that a copy had realised over £600, he did not say by auction, but that was understood—I said he would probably want more money than I would be willing to give him for it. or something to that effect—he said he had an appointment the following day to buy some valuable illuminated books, and that he was a little short of cash—to the best of my recollection, they were miniature books—I looked at them, but paid chief attention to the Shakespeare—I found it was a good, sound copy, and said I would not mind giving him £400 for the three books—we agreed at £400—I wrote him a cheque for £400—he asked for an open cheque, as he was leaving town early in the morning, and I gave him an open cheque—it was paid—this is the receipt, in his writing, dated December 18th—it was made out in my office—I think he took it out of his pocket already written out—this is my cheque, dated December 19th, because it was after banking hours, or else I mode a mistake—I think he intimated that he wished to repurchase all three books—I do not think he went so far as to say he had the right but I think he suggested 10 percent—the next day I saw him about 3.30 p.m.—he said he had not succeeded in placing the volume—it had been delivered to him by someone in my employment—he had called in the morning and left this note, enclosing this cheque for £403 10s. 6d.: "My appointment has been postponed till Monday, as I may not need the money then and have an extra chance of selling the Shakespeare this morning; I enclose cheque; as the time is so short, practically one day, I presume the £5 10s. 6d. profit I have added will be satisfactory to you; I will, however, run in later in the day and see what you think"—he asked me if I had deposited the cheque—I said I had—it was not paid, but returned—on December 31st he repurchased the book for £440, or 10 per cent advance on the price I had paid—my profit was £45 10s. 6d.—two books were returned and two manuscripts.
Cross-examined. I thought, and I said before the Magistrate, that the purchase was on December 19th, because of the date of the cheque, but it was on the 18th, after banking hours—the other books were autographs of the poets in two volumes—I have no doubt of the date, the 18th—they were all bought on the same day—I have said in error the Shakespeare was obtained on the 19th, because the cheque is dated the 19th—he purchased the poets' autographs the following day—I got a cheque from him for £352 10s. on December 17th, I believe—that was after the repurchase of books which had been consigned to me with the option of repurchase—the goods were delivered to the prisoner or his representative when he sent the cheque—no books were placed in my
custody with the option of repurchase at £440; the £440 was in reference to the Shakespeare—my cheque was given to him for the Shakespeare and two manuscripts—I did not see him again on the evening of the 18th with the Shakespeare under his arm—he did not call that evening with his brother Waring—he called the next day at my shop—the Shakespeare was then in my possession—I had given him the cheque—I believe he then left the cheque for £405 10s. 6d., and that it was written on my paper in my place—I wrote out another cheque for £400 for the Shakespeare because he was to bring it back, and I had his cheque for £405 10s. 6d.—I do not thick that second cheque for £400 passed from my hands—this is the counterfoil—my cheque is dated the 20th—I do not recollect the prisoner stating on the 18th that he had not funds at the bank to meet his cheque, but whether he did to anyone else in my place I cannot say—I understood he handed my assistant, Wallington, a £5 note and a sovereign, but I never heard anything about the £400 cheque—I did not put "not used" on the counterfoil—my usual course is to make no note till the cheque is returned from the bank—the prisoner's cheque was not paid; it was dishonoured—he did not owe me £400, as he brought back the book—he paid the £5 10s. 6d. on the 20th to my assistant, as I have been informed, which would leave the matter as it was.
Re-examined. Looking at my pass book, I find my cheque 26735 for £400 has been paid, and that the cheque 26738 for £400 has never passed through the bank at all—I do not" know what has become of that second cheque; it was probably torn up at the time—I believe the Shakespeare was returned when the prisoner wrote that his appointment to purchase the manuscripts had been postponed.
FRANK MARSHALL SABIN . I am assistant to my father, the last witness—I knew the prisoner as a customer—I was present on Thursday, December 18th, when he brought the Second Folio Shakespeare—he had some conversation with my father—I should have seen his brother if he had been there.
Cross-examined. I was present on December 19th, when the prisoner came into the shop—a conversation took place about Poets' Autographs—I let him have them for sale, after I had shown them to him, as he said he had a customer—it was late in the day, and he could not have called again—I recollect on December 18th his opening a parcel and showing us some things—I did not notice a volume under his arm—I recollect the parcel being opened on the table. and his showing my father a Folio Shakespeare and other volumes—I am positive the prisoner did not ask to see the Poets' Autographs on December 18th—he was alone—he had seen the Poets' Autographs on several occasions, and had admired them, but they were not mentioned on December 18th—he had not seen them the week previously—it may have been two months previously when he saw them, or probably not much longer than a week previously, but certainly not a week.
Re-examined. It is not true to say that, "That evening" (December 18th) "on my way home I called at Mr. Sabin's. My brother Waring was with me. I had the Shakespeare with me; I was taking it home to
examine it. I showed it to Mr. Sabin and told him I wanted it for a client in America. I wanted to find out whether Mr. Sabin would like the book for Mr. Halsey. I took the book home to Russell Square, my mother's house"—it is not correct, because at the time we saw the book the prisoner made no such remarks; he offered the lot for sale—his brother was not with him; he may have been waiting outside—the volumes were left at the shop—the prisoner never said anything about taking the Shakespeare home.
WALTER JAMES LEIGHTON . I am a bookbinder and bookseller, of 40, Brewer Street, Grosvenor Square—I have done business with Denham & Co. for the last two years—I know the prisoner personally—on December 31st he brought this second folio Shakespeare—he came alone—I had seen it at Sotheby's auction sale in July—Quaritch, the prisoner and I bid for it—it went beyond my price, and I came away—when the prisoner came I looked at the volume and said, "Oh, you bought it?"—I recognised it—he wanted to sell it for £400—I did not care to give that amount for it, but ultimately agreed to buy it and two other small books for £350—he wished to have the right to repurchase it within a week or ten days for £400, he said he wanted to complete a large purchase of, I think illuminated manuscripts—I agreed that within ten days he could repurchase the book, which made it an absolute purchase at the time, and I received a receipt to that effect—I paid with the cheque produced—I sent this receipt, I think, two days afterwards—the Shakespeare was delivered at the time, but not the two other books—he left a cheque with me for £400 for the repurchase—I told him I should want cash, as a cheque had been dishonoured, or there had been some deficiency—that cheque was no paid—I had no wish for him to leave the book.
WILLIAM ALGERNON BRADLEY . I am a clerk to the London, City and Midland Bank—I produce a certified extract from the ledger of Sabin's account—a cheque was returned for £352 10s. on December 18th, or on the morning of the 19th, unpaid from Parr's Bank—that amount would be debited to Sabin's account that day—that same day a cheque was drawn by Sabin and cashed across the counter at the bank for £400, a portion in notes—the dishonoured cheque for £352 10s. was taken up, and the difference received in nine £5 notes and £2 10s. in gold—the £400 cheque was cashed across the counter at 10 a.m.—we open at 9 a.m—it was the first transaction that day—looking at the extract no cheque for £400 was cashed on or about December 20th—I find no entry of cashing cheque 26738.
ERNEST WALLINGTON . I am Mr. Sabin's assistant—the prisoner came to our premises on December 20th—he said, "Has Mr. Sabin deposited the cheque I gave him the previous day for £405 10s. 6d."—I said he had paid it into the bank—he said, "That rather alters my arrangement; owing to unforseen circumstances, I think if I pay you the advance on the cheque and you have the book back, the account will remain the same"—he thereupon gave me a £5 note and a sovereign in gold, and as I had not the change he said he would call for it later—I handed the note and the sovereign to my employer.
Cross-examined. I was first asked to give evidence after going through the account with Mr. Sabin, when I explained the £5 10s. 6d. and the £405 10s. 6d. cheque to him—it was after the evidence was finished at the police court—I presume the letter referring to the £405 10s. 6d. cheque was written in my presence—the point in my discussion with Mr. Sabin was that the £405 10s. (id. cheque was not paid, and the prisoner paid £5 10s. 6d. the following day—the cheque must have been entered in the bank's deposit book—it must have been enclosed in the letter of December 19th and sealed up—that letter was left in the morning—I did not at any time hand the prisoner the Shakespeare—when he called on December 20th the cheque had been sent to the bank, and I told him so—he did not hand me Sabin's cheque for £400, but only the £5 note and £1 in gold, and asked for 9s. 6d. change—he said he had been obliged to alter the arrangements, and if he paid the advance agreed upon the account would revert to its original position—he inferred that the £405 10s. 6d. cheque would not be met—he suggested bringing the book back—the £5 10s. 6d. was not paid because he had the £400 for a day—that was the advance on the book—the cheque for £405 10s. 6d. was not met—I did not see the book handed back, but he had the book, or else we should not have had the cheque, and there is the prisoner's letter and his visit the next day. paying the advance on the book, and suggesting that he should bring it back—Mr. Sabin's two sons are in the business—one is Mr. Stanley Sabin—he was there on December 19th and 20th, to the best of my recollection—he would attend every day in the week—Sabin, his two sons and myself were the whole staff—Sabin was there on December 20th, but was not present when the prisoner came in; I was alone—Sabin may have been in doors—he returned between ten and eleven on December 20th—he may have been there before the prisoner came in.
Re-examined. This counterfoil is in Stanley Sabin's writing—it shows the payment in and the cheque for £405 10s. 6d. and not a £400 cheque with £5 10s. 6d. in money on December 19th—there is a note about the cheque being returned, "CD., December 30th, 1902," in a different ink, but in the same writing, and obviously written at a different time.
GEORGE INGLIS BOYLE . I am a messenger in the London Bankruptcy Court—I produce the file in Frederick Denham's bankruptcy—it is the debtor's own petition and was filed on January 24th, 1903—the adjudication and receiving order are the same day—I find a statement of affairs filed on February 26th, 1903—it shows total liabilities £13,751 0s. 10d., assets £1,071 3s. 4d., and a deficiency of £12,679 17s. 6d.—among the unsecured creditors I find Frank Sabin for £1,735 and Bernard Quaritch for £994 10s.—among the partly secured creditors I find Biggs-Roche, Sawyer & Co.; £560 under the heading of "Books deposited" in September and October, 1902; also Miss Marsh for £258 on the security of mortgage and lease of 123, Haymarket; Messrs. Roques, £276 0s. 9d., and Leon and Dicks' debt contracted to December, 1902; Sotheby, Wilkinson & Hodge, £3,621 1s. 7d., on the security of books consigned for sale from July to December, 1902. and a similar debt to Hodgson, £2,800, in 1902 to
January, 1903—the creditors partly secured amount to £7,500, and the unsecured creditors to £12,300 11s.
Cross-examined. The debtor filed his statement with the Official Receiver, and it comes to our Court through his hands—I produce the documents.
JOHN WILLIAM ROBERTS . I am an examiner in bankruptcy—I took the prisoner's preliminary examination—Mr. H. W. Marillier, an accountant, on February 2nd, 1903, was assigned to assist him in preparing his statement of affairs—in submitting that statement it was pointed out to him that a balance sheet of October 31st. 1902, contained some errors—the original balance sheet was handed to a Mr. Buckley, and I obtained my copy from Messrs. Linklater, Mr. Buckley's solicitors—I have gone through it with Marillier—in the balance sheet the book debts from customers are put at £3,844 3s. 4d.—that included £2,473 12s. 4d. which should not have been there—the balance sheet showed a surplus of £7,613, and included £2,000 for goodwill—when corrected the surplus was brought down to £337 15s. 1d., which still included £2,000 for goodwill, which was based to some extent upon profits which had not been made; I found that upon a copy of a letter written to Marillier—the £2,473 which was included in the book debts was said to be a debt due from the prisoner's brother, Mr. E. A. Denham, in New York—that debt did not exist—when I asked the prisoner to explain it he said that the entry comprised various amounts which his brother. Mr. Waring Denham, ought not to have charged to his brother in New York, and that he had made the error—Mr. Waring Denham was then in New York, or was arriving there—I examined the book and found an entry of November 5th, 1902, so that the error must have been after that date—the entry relates to transactions some of which had taken place before May, 1902—I have never discovered any justification for that entry of £2,473—the prisoner refers to the Second Folio Shakespeare in his public examination; the preliminary examination contains no specific mention of it—I was present at the public examination—(The important passages in the examinations were then read, from which it appeared that the prisoner stated that he had a client in America, a Mr. Halsey, to whom he hoped to sell the Shakespeare at a good price, and that he had reasonable expectations of inducing a Mr. Buckley to invest £10,000 in the business, and that he sold books with the option of repurchase, so as to keep control of the stock till the business could be put on a sound financial footing.)—I find from sheet K of the Statement of affairs, that the prisoner's loss upon option sales from October 31st, 1902, to the bankruptcy in January, 1903, was £7,600, and that the people from whom the books were bought are amongst the unsecured creditors—I have worked out the percentage of the prisoner's loss on these sales—the loss on the Second Folio Shakespeare, sold to Sabin on December 18th for £400, and repurchased for £440, works out at £280 per cent per annum—in addition he paid the £5 10s. 6d. already stated, which brings it up to £380 per annum—the loan from Leighton on January 3rd, with the right of repurchase of the volume within six days for £400, shows a rate of interest of £869 per cent. per annum—I have also taken out the prisoner's purchases for 1901 and
1902—in 1902 his purchases amounted to £31,218, as against £9,565 in 1901, or three times the amount.
Cross-examined. I am not familiar with the book trade—I only know of two large profits being made in this case—one of them was the Scott manuscripts in November, 1902, at a profit of £5,000—they were bought for £1,500—there was also a large profit made after August; that is to say, the prisoner told me so—I know his writing—substantially, the book entries are made by his brother—the prisoner said he left the book-keeping to his brother, who was dependent upon certain notes made by himself—I do not remember that he said he was familiar with the items of the transactions—a balance sheet was made out in December, 1902, purporting to show the state of business to October 31st, 1902, drawn up by a chartered accountant—I do not say the accountant was dishonest—this letter of explanation accompanied the balance sheet, dated 12th December, 1902—both were based upon information supplied by the prisoner—I took down his statements with regard to the Shakespeare first of all he initialled it, then he handed me a type-written document which was substantially the same—I did not raise that question in the preliminary examination, nor make any specific notes about it, and there is no reference to it in the preliminary examination.
Re-examined. Apart from the prisoner's loss on option sales of £7600 during November and December, 1902, he made a profit on his ordinary trade of £100 only—there is no entry in his books of the option sales beyond "Cash received, Sabin," or whatever name it was—there was no entry of the terms nor of the books sold—in his preliminary examination, in reply to the question who was responsible for the business in 1902, he says "For about six months prior to his death, my father had in consequence of ill-health, been unable to take an active part in the management of the business, which I alone managed, and rarely consulted him on business matters in consequence of the state of his health"—the father died in October, so that would take us back to April.
ARTHUR HEATH BROOKE . I am an accountant at Chaplin, Milne & Griffiths' Bank—an account was opened there in January, 1902, in the name of A. Denham & Co.—I know the prisoner as a member—the account existed till the end of October, 1902, when it was closed, because the account was unsatisfactory—cheques were returned not met, but no record of them was kept.
Cross-examined. The account was opened for receiving remittances from America—sometimes there were two or three remittances a week, sometimes only one—the account was drawn upon by the prisoner—ours is an American bank.
JOHN STANLEY O'MALLEY . I was a cashier at Parr's Bank, Charing Cross Bank, in 1902—the prisoner opened an account there on November 7th, which was closed on January 23rd—114 cheques were drawn on the account and dishonoured to an amount of £28,896 7s. 9d.—this is a list of those cheques in this certified extract from the returned cheque book of the bank—some cheques were presented more than once, so that the item of £28,896 7s. 9d. is rather fictitious—I find among the entries the
cheques to Sabin of December 19th, 1902, for £400, and December 20th for £405 10s. 6d.
Cross-examined. I can hardly say that cheques were presented three times—some of those cheques might have been taken up at other banks; we do not know what became of them.
FRANK THOMAS SABIN (Re-examined.) I was not present when the Shakespeare came back—I first saw the prisoner's letter saying that his appointment was postponed on the afternoon of the 19th—I am positive the Shakespeare had been delivered to him, but I cannot say when, nor by whom—I have asked my assistant and my son, and they do not remember the actual delivery to the prisoner or to a messenger, but I should not have the cheque if the book had not been delivered to him—I know it came back, but when and under what circumstances I have do distinct recollection—I deny that it was never delivered on the 18th, nor taken away till the 19th, or that it remained constantly in my possession after it had been delivered to me; it was left with me at the time I paid the cheque on December 18th; about that I am quite clear.
Cross-examined. The book was handed to the prisoner or his representative—I have conversed with Wallington quite recently about the £405 10s. 6d. cheque, and he told me that the prisoner asked him, "Has Mr. Sabin deposited the cheque for £405 10s. 6d.?"—that he said yes, and that the prisoner said, "That rather alters my arrangement, if I pay you the advance, and bring the book back the account will remain the same."
STANLEY SABIN . I assist my father in his business—looking at this counterfoil of the paying in book, date December 19th, I notice a note in my writing, which I made at the time of the receipt of the cheque for £405 10s. 6d., "For Second Folio Shakespeare, repurchase"—that cheque was afterwards returned dishonoured—the "Vex" is the private mark of the £5 10s. 6d. extra.
Cross-examined. I made the entry of my own free will in the ordinary course of business from the information which the cheque and the book gave me—that was the only transaction with the prisoner at that time—I must have gained the information that the cheque was presented at the bank from my father—the Shakespeare must have been in our possession at the shop or I could not make the entry—the entry "cheque returned, see December 3rd" is in my writing—that was the cheque for £440, sent by the prisoner to my father—I have not the slightest doubt that that cheque was received by our firm, and that on its receipt we handed the Shakespeare to the prisoner, who agreed to pay £40, as well as the £5 10s. 6d. he had paid.
The prisoner, in his defence on oath, confirmed his answers in his examination in bankruptcy, and said the witnesses' recollection of what took place was inaccurate; that he obtained the Second Folio Shakespeare to take home and examine, with a view of selling it to a Mr. Halsey, an American, who sometimes stayed in London; that in accordance with the custom of the trade he sold valuable books with the option of repurchase, so as to keep control of the property till large profits were made, as in the case of the Scott's manuscripts,
when there was a profit of £3,000; that he was negotiating with a Mr. Buckley as to his becoming a partner and investing £10,000 in the business, which would have met his liabilities, and provided the larger capital necessary for increasing trade; that he expected the business to recover, as shown by the correspondence with his brother; that his idea was to keep the stock together till the money came in, so as not to lose control of it; and that he had reasonable grounds for believing that the business would recover.
Evidence for the Defence.
PERCY MAVEN IBBS . I am a professor of music, of 12, Leinster Square, Bayswater—I was intimate with the prisoner's family for about four years—I remember dining at 60, Russell Square, his mother's residence, on December 18th—I fix it because we went to a concert—I also keep a diary—looking at it I find on December 18th, "Pauline Concert"—this is the bill of the concert—I went with Mr. "Wa," short for "Waring" Denham—this is the programme, dated December 18th—we went to the concert after dining at Russell Square—the prisoner was there—I remember he showed me a valuable book—I cannot describe it, or remember if any strangers were there—I have not entered the dinner in my diary, because it was not a party—I have entries of dinner parties—if it is informal perhaps I do not put it down—I might have been asked in the day as we were going to the concert together—usually, if I went out with Mr. Waring Denham, I was asked to dinner—Waring often showed me books, but the prisoner only on that occasion—it did not make a strong impression on me.
Cross-examined. Only Waring and I went to the concert of St. Paul's School at Hammersmith—he is an old Pauline—the concert commenced at eight—we did not get there till very late, I think about 9.30 p.m.—the concert went on till about 11p.m.—I did not go back to Denham's, I went to supper at another house.
WARING DENHAM . I am the prisoner's brother—I was employed in his shop in the Haymarket, chiefly in book-keeping and in the management of the place—I am an old Pauline—my brother haft a Second Folio Shakespeare in his possession on December 18th, when I went to Sabin's with him late in the evening with it—my brother was looking at a collection that he was thinking of buying of Mr. Sabin, of manuscripts and Poets' Autographs, and he was speaking to Mr. Sabin for some time about them—after that we went straight home to 6*0, Russell Square, my mother's house—my brother took the Second Folio Shakespeare there—we had a friend, Mr. Ibbs, to dinner—we found him there when we arrived—waiting for us were my mother, my brother's wife, and Ibbs—the Second Folio Shakespeare was shown to Ibbs—there was a little conversation about it after dinner, chiefly about the rarity of the volume and the expensiveness of it—my brother told me what it was—Ibbs seemed to be very interested—a Mr. Clements came in, and we went to Hammersmith together to a concert—we were very late at the concert—I returned to Russell Square very late—the prisoner was sitting up waiting for us—he did not go to the concert—he was writing this letter to my brother in America—my
brother gave it to me to bring here—I went to him after the prisoner's bankruptcy—I was employed by my brother—the envelope was not given to me—I came back for the purposes of this case with the letter—the prisoner told me to go to Quaritch's in the morning and tell him we intended to keep the Shakespeare—before going to Quaritch's I paid Sabins' £400 cheque into the bank—I cannot remember whether it was given to me by my brother at the house or whether I got it at the office—I handed the cheque in at the London City and Midland Bank at Cambridge Circus to be cashed, and was handed the cash less the amount deducted for another cheque for, I think, £352 10s. of my brother's, which had not been paid—I got £5 notes and gold for £47 10s.; then I went to Quaritch's.
Cross-examined. I kept the books from memorandums given me by my brother or anyone else—I knew there were option sales, but I did not know how many—I suppose I made no entries after December 15th because I had no particulars—I did not ask for particulars—I was not told not to enter them—the entry of £2,473 12s. 4d. of October 30th was made from memorandum sent me by my brother, Edwin A. Denham—the entries are in my writing, except the notes in red ink—I believe Edwin's memorandum was typewritten—it cannot be found—the entry is wrong—the total had been already entered—I knew the purpose of the balance sheet was to show a gentleman who desired to become a partner—there are errors in the balance sheet and liabilities not mentioned—directly after the bankruptcy I went away to America—I have only just come back, and have had no opportunity of answering questions in the bankruptcy about the entries—(Read from Mr. Quaritch's evidence: "Waring Denham told me on December 19th that the book had been sold to their customer.")—I do not remember the exact words—that is not what I said, because I knew the book had not been sold—it was purchased, I believe, for a client, a Mr. Halsey—I saw Mr. Halsey twice in America when I went there—he never told me the Second Folio Shakespeare had been obtained for him—I do not remember any intimation from him to that effect, nor any such intimation to him—(Read further from Mr. Quaritch's evidence: "The next day the defendant's brother" (The witness) came into our shop, I said to him, 'Is it sold?'—he said. 'Yes'—"Waring Denham" (The witness) "asked for a statement.")—I do not remember it—I do not remember the time I left Russell Square on December 19th, nor whether I went to the office before I went to the bank—I am trying to think—there was nothing special to remember about that cheque that I am aware of—I do not think I knew of my brother's appointment with Kilpeck to purchase manuscripts with the proceeds of the £400 cheque.
Re-examined. I took the £47 10s. balance of the £400 cheque from the bank to the office—that was not the first time the bank had deducted amounts for dishonoured cheques—I am clear that it was on December 18th that my brother brought home the Shakespeare—Mr. Ibbs is very musical, but I do not know that he is a literary man, or that he knows anything about the value of old books—I wrote to my brother in America, and got a memorandum from him—I did not supply it to Marillier, who
was going through the books—I made the entry of the £2,000 honestly, and not to "cook" the books to show Mr. Buckley—until the transactions were finally concluded the option sales were not entered in the books—all necessary entries were made with regard to them—there was no concealment of them—as Marillier says in his letter, a great quantity of stock was in other hands.
HENRY WILSON MARILLIER . I am a chartered accountant at 21 Lombard Street—I received instructions on November 8th, 1002, through the introduction of the managing clerk of Biggs Roche, Sawyer & Co., solicitors, from the prisoner personally, and received his brother's explanation of the books—I was to make out a trading account for six months with a balance sheet to October 31st, 1902, to show Mr. Buckley—I have headed it "Summary of Sales, etc.," because I had not sufficient materials for a trading account—I saw the books from time to time; they were very incomplete—Waring Denham kept them so far as they had been kept, but he was not a professional book-keeper by any means—I explained to the prisoner the incomplete state of the books, and he gave me what explanation he could, and Waring helped—I had assistance the whole time—I went through the stock book and struck off each item where a book had been sold, and made additions where books had come into stock without being entered in the stock book—I understood that some of the stock was on consignment; I took it into account and showed the liability—we collected the receipts and checked them with the cash book, and made notes where they showed accounts had been paid, but there was great difficulty, as the counterfoils had not been filled up, only the figures being recorded—we made the nearest approximation we could get of the facts for the balance sheet—we afterwards found omissions, and I attached a report to show Mr. Buckley with the balance sheet—I was afterwards called in to assist the bankrupt in preparing his statement of affairs—his reason for asking me was because I had been employed in the matter—I had had no previous connection with him—he was a stranger—in making out his statement of affairs I found that several large liabilities had been omitted, and that certain assets had been overstated—£2,473 was said to be due from E. A. Denham—that was the amount entered in the books in October—it was stated to be a summary of decided transactions in American business up to that date—there were omissions—£1,300 was said to be outstanding in the ledger as borrowed from Sotheby's; as a matter of fact, there was £2,600 in addition—in my list is "Sotheby & Hodge, £1,700"—that is taken from Sotheby, and Buckley £1,300; appeared as actually owing, and that was included in the balance sheet—I ascertained from the prisoner's proof that £2,600 had been advanced, and not repaid at the date of the balance sheet—£1,300 appeared in the loan capital as paid off by reason of Mr. Buckley having taken over the loan—the balance sheet was made out from such information as I had.
Cross-examined. The net result of the balance sheet as originally drawn up showed £7,613 odd assets over liabilities—when I examined matters in the bankruptcy I found that was inaccurate—there was shown to be only a surplus of £537, which only existed by giving credit for the
goodwill, £2,000—the firm was very short of cash but they had an enormous stock of books.
The prisoner received the character of a trustworthy, exemplary servant, with a great knowledge of books and manuscripts, but a bad financier.
GUILTY on Counts 27, 28, and 30. for obtaining the book by false pretences, and of disposing of it otherwise than in the ordinary way of his trade, to Sabin and Leighton. — Nine months' imprisonment in the Second Division .
THIRD COURT.—Thursday April 21st, 1904.
Before J. A. Rentoul. Esq., K.C.
(For the case of Davies and others, tried this day, sec Kent Cases.)
OLD COURT.—Thursday and Friday, April 21st and 22nd, 1904.
Before Mr. Justice Darling.
385. RALPH APPLETON (38) and FRED BROOKER (40) , Feloniously impairing, diminishing and lightening three pieces of the King's current gold coin called sovereigns, with intent that the same might pass for current gold coin.
MR. MATHEWS and MR. PARTRIDGE Prosecuted; MR. ROOTH defended Brooker.
CHARLES WILLIAM POORE . I live at 12, Woodside Valley, Surbiton Hill—my wife is the owner of No. 58, Tyers Street, Vauxhall, which is a four roomed house with a yard at the back and a shed in it—I know Brooker from having let the house verbally to him in July, 1903, at 12s. per week—my father collected the rent.
Cross-examined by Appleton. When Brooker took the shop there was an open window—he wanted this enlarged, so as to get in his machinery, which would not go through the door—he also required a window put in—the transaction was between myself and Brooker entirely.
Cross-examined by MR. ROOTH. It was originally a greengrocer's open shop window—we put in a window in two pieces, so that they could be taken out any time for machinery to go through—they were painted inside a little way up.
CHARLES POORE . I am the father of the last witness, and I collected rents for my son at 58, Tyers Street from Brooker in July, 1903—in December I ceased to collect from him and collected from Appleton.
Cross-examined by Appleton. I have seen a steam calendar and an American yoke machine there—I have also seen a motor bicycle with mud guards, engineering tools, and different things like that, lying about the premises—when I used to collect the rent from you you always used to invite me into the front room, which you seemed to use as an office—the last time I called you had left a note on the door, saying, "Call next door"—I do not remember the date when, after you had paid me and you were letting me out, another person came in—I have never seen anything take place that I thought was illegitimate, or I should have put a stop to
it—I know that the insurance premium was increased, but I did not know that it was through the insurance agent finding petrol there for a motor bicycle.
Cross-examined by MR. ROOTH. I cannot say how many tools there were there but there were a large number, and they were such as are used in a repairing shop—I collected payments from there about thirty times—every Monday I called, and I never had any difficulty in getting in—there was a dog there which Appleton told me was to keep the children away; it never prevented me from entering the premises—I do not remember the person that I saw come in being addressed as "Welsh"—the top panes of the windows were not frosted; I could see what was going on inside through them—Brooker told me he wanted them frosted to keep the children from looking in; it is a usual thing in a low neighbourhood like this.
Re-examined. My visits would generally be about the dinner hour on Mondays—I never went further than the front shop.
THOMAS COSTINGS . I am an iron builder of 40, Cranmer Road, Brixton—I have lived there for two years last August, and paid my rent to Appleton—during the last six or eight months he has retained the back parlour and a shed in the yard for his own use, and they were always kept locked—during the last few months he has been in and out two or three times a week, but I have never known him to sleep there since he moved to Tyers Street—I used to hear him hammering at the back when he lived there—the last time I saw him in the shed or in the room was a week before he was arrested—the police came to the house on March 12th, and I pointed out this room and shed to them.
Cross-examined by Appleton. I should think it was six or eight months ago since you slept there—when the police came they could not unlock the door of the shed, so they got through the window and opened it from the inside—for the last eighteen months or two years the front door has been opened by a piece of string through the letter box, as there was something wrong with the lock—anybody could get into the passage—Mr. Handley, one of the lodgers, complained that he had seen a stranger go out from the passage one morning, and that it was not safe to leave the front door unlocked—about a week before your arrest you had a fresh lock put in, and gave all the lodgers, of whom there were about four or five, a key each—the shed had windows all round it, which you could see through, but you would have to get close, as they were very dirty—one of the principal panes, which is larger than the other panes, is broken—there is a w.c. adjoining the shed—I do not know anything against you.
Cross-examined by MR. ROOTH. I never saw Brooker before I saw him at the police court.
Re-examined. I have never been inside the shed myself.
LOUISA MARY ANN EVANS . I am the wife of James Evans, and live at 60, Tyers Street, Vauxhall, which is next door to No. 58—I have known both the prisoners about eight months through their being my next door neighbours—I saw them two or three times a day, and Appleton once told me that he slept on the premises—they kept a spiteful dog there—on
Fridays and Mondays I saw them in the yard with a forge alight, which gave off a great deal of smoke, which used to last sometimes half an hour—I complained to Brooker about it, and he said it would not be for long—it was generally about dinner time that I noticed it—there was a bicycle in the yard.
Cross-examined by Applet on. I did not see any smoke on the Friday that you were arrested nor on the Monday previous to that: I was out in the afternoon of that day—I did not notice it always; if I came into the kitchen I could see it—I cleaned the floors and windows of the house before Brooker came in; there was nothing in there then—I did not look in at the shop door when you were moving in; I did two or three days after—shortly after you came in I sent my son George to complain to you of a smell of gas—your dog bit a child once, and I took it to the hospital—Brooker asked me afterwards from outside the shop how it was, and I told him—it was about the licence of my own dog that the policeman came to inquire about two days afterwards—he asked me whether your dog was a ferocious one, and I said I did not know and when he went out in the yard your dog flew at him up against the fence—I told Brooker the next morning outside the shop what had happened—two or three days before you were arrested a man came and asked me whether you were in, and I said I did not know—soon afterwards you came to the door—I was at my own door at the time, and I did not notice whether he went into your shop—your dog was not fastened up at all.
Cross-examined by MR. ROOTH. It was not before the police reminded me that I remembered about the forge and the smoke—I cannot say on what day I complained to Brooker about the smoke; it would be a Monday or a Friday—I cannot say when the smoke first commenced—Brooker explained to me a machine to iron sheets with as I was standing at the door of No. 58—I saw no reason to disbelieve what he said about it—the machine was an old one.
Re-examined. I saw this smoke about six times—I never went further into 58, Tyers Street than the front door—I never saw anybody but the prisoners go in there.
GEORGE EVANS . I live with my mother at 60, Tyers Street, Vauxhall—I have seen the prisoners go into the shop next door—I have never seen anyone else go in—they used to go about on their bicycles—I have never been into 58, Tyers Street myself—there is a yard at the back of No. 58, which is separated from ours by a wooden Tence—there was a wooden shed in the yard—once my mother sent me into the back yard because the smoke was so bad, and when I went out I saw a forge with a little pot on it, with a lid like this one (A crucible was produced.)—I climbed to the top of the w.c. door, and I could look into the shed where the pot was—there was a fire underneath it, and a lot of smoke coming from it—this happened about twice a week.
Cross-examined by Appleton. I remember on the Monday before you were arrested there was some smoke in the dinner hour about 12.30—I was sitting on the fence watching you—the pot was buried in the fire nearly up to the lid.—I have never seen it taken out of the fire—if I saw
a pot I could not sweat that it was the same one—I have heard Brooker call to you, and then you came out from the shed with a number of long pieces of iron in your hand.
Cross-examined by MR. ROOTH. I watched for about five minutes—in all, I have watched eight times during four months—they could see me when I climbed on to the door of the w.c.—they did not try to hide what they were doing—this is a crowded street—people at No. 56 on the other side could not see because the shed would baulk them—they would be affected by the smoke—the windows of the houses would not look into the shed, because as you walked along you had to turn the corner to get into it—they could all see the smoke.
Re-examined. When the prisoners saw me they used to say, "How are you getting on, George?" or something like that.
By the COURT. There was always a lid on the pot; I could not see what was in it—they used to use a pair of bellows to keep the fire burning—I never saw them take the lid off.
MAURICE NATHAN . I am a member of the firm of Nathan Brothers, jewellers, of Birmingham and Hatton Garden—towards the end of September last year Brooker came to me at my London office with an introduction from one of my customers, saying he had some gold for sale—having come with an introduction, I considered I was entitled to negotiate with him—he left a piece of gold with us, which I noticed was in rather a good state, to be assayed—I asked him why he did not take it to a refiner, and he said he did not know of any—we sent it to Birmingham—it appeared to me to have been melted and left to cool in the original crucible; as far as I remember, it was in the shape of one—I should say it was rather a smaller crucible than this one (Produced); it was more the size of a teacup—he intimated to me that he knew it was very good gold, and that it had been reduced and got down pretty well, and the weight of it also guided me. in concluding that it was of very good quality—I believe 22 carat is the quality of a sovereign; 24 carat would be pure gold—it is more likely to have come from this other crucible (Produced)— I cannot remember if he mentioned at the first interview How the gold had been accumulated—two or three weeks after, he came to see me again, and I, wanting to be satisfied as to bonafides, said, "I presume you do not mind telling me something of the manner in which this gold has been got?"—he told me that he advertised for old gold, and he showed me an advertisement, telling me that his partner got the gold down, who he gave me to understand was a skilled metallurgist—this is the slip he showed me: "Gold, silver, and platinum, damaged or otherwise, platers' waste, jewellers' sweepings, false teeth, &c, bought, and the best prices given; parcels by post; cash the same day.—BROOKER, 58, Tyers Street, Vauxhall"—I cannot remember whether it was at the third or fourth interview that I saw Appleton—Brooker introduced him to me—I had parted with two or three cheques before I saw Appleton—the first piece of gold was 26 ounces 19 dwts 14 grains, for which I gave Brooker a cheque for £100 under date October 3rd, which comes to about £4 per ounce—I made it payable to myself, as I thought he would
require the money at once, and at his request I crossed the cheque (Produced)—shortly after I received a letter signed "Appleton and Brooker," enclosing me gold for assaying and valuing—it was written on note paper with the lithographed heading, "F. Brooker, General Dealer and Commission Agent"—that gold was sent to Birmingham, and on October 10th I sent a cheque for £20 15s. 6d. (Produced), for which I produce a receipt signed "Appleton and Brooker"—it was about this time that I met Appleton—on November 30th I received 13 ozs. 10 dwts. 12 grs of gold, for which I sent a cheque for £52 8s., which is at the rate of £3 17s. 6d. per ounce—I wrote, explaining that I could not give so highly per ounce as hitherto, as the gold was not so pure, and he replied, saying that as his partner had been away the gold had not been properly refined, and that in future they would send the gold as pure as possible—I produce the letter and receipt dated December 1st, 1903, signed "Appleton and Brooker"—Brooker wrote, telling me that owing to the absence of his partner, he could not send the gold so pure as formerly, and that he would be satisfied with any value that I put upon it—this was a perfectly businesslike arrangement—on January 7th 13 ozs. were sent, for which I sent a cheque for £49 13s. 3d.; on February 6th, 16ozs. 19 dwts., for which I sent a cheque for £64 8s. 2d.; on March 1st, 22 ozs. 14 dwts. 10 grs., for which I sent a cheque for £85 4s., which was the last transaction we had with them—I put myself into communication with the police and rendered them every assistance in my power.
Cross-examined by MR. ROOTH. The references that Brooker came with I thought satisfactory, and I did not make any further inquiries—we rarely enter into transactions of this sort—as a rule, if gold is run down by a manufacturer, he would run it down into a bar or ingot—my suspicions were not aroused, because the introduction was quite sufficient for me, and there was nothing about the gold except that it was very good—I considered it had been run down by a person who knew a good deal about it—I have seen gold in crucible shape many hundreds of times—I suggested that he should show the old jewellery to me before he melted it down, as he might get a better price for it by not doing so—the gold in false teeth is undoubtedly very good; I believe they work in what they call dentists' metal sometimes—I know something about galvanic batteries from having used them as a boy—you can only gild with virgin gold; you cannot gild with a sovereign—if gold had been extracted from sovereigns you would not necessarily expect to find the same character of gold every time in the assay; in collecting the gold from the plate on which it has been deposited, some of the particles of the plate may adhere the gold, and so cause different purities; the Assay Office often find old from the same ingot to vary—copper and silver are used as alloys; depends for what the gold is required—one sample of gold sent to us the prisoners, I should say, contained copper, because it was very and crumbly—undoubtedly, if by means of a battery gold from a sovereign were deposited on a copper plate and then taken from the copper plate and melted down in a crucible in getting that gold from The copper plate you would get some copper with it—if the gold came from
jewellery and other articles, you would find either silver copper, or brass—I did not make the assay personally, but you can tell the amount of alloy by the weights and the amounts given per ounce; 79s. 4d. per ounce would be for gold of about 20 carat—there was very little alloy in this gold; whatever it was may have been silver—you need not use a battery at all; you could put jewellery of different purity of gold into a crucible and melt it down, and you would get different purities of gold, and according to what you had put in; of course, the carat would be rather low if it were not refined—we buy all qualities—I have been a working jeweller myself—I took a cursory glance at the Westminster Police Court at the plant and batteries found on the premises; I did not see any quicksilver; I saw some tools—in some processes of gilding you would use quicksilver, but not in electro gilding; you would keep it away from the gold solution—batteries are necessary; crucibles are also necessary if you melt gold down.
Cross-examined by Appleton. I cannot tell you whether the impurity in the gold sent us on November 30th was nickel; I cannot say for certain whether it was silver, copper, or anything else—it seemed to me the red colour was due to the presence of copper—the gold varied in purity; the prices ranged from 72s. to 79s. and 80s. per ounce—the gold sent on October 30th was paid for at the rate of 79s. 4d. per ounce.
Re-examined. I have never seen anything of this description (A piece of wood with rubber receptacles the size of a sovereign produced) used in connection with a battery before.
ALBERT WARD (Detective L.) In consequence of instructions I have at various times this year kept observation on No. 58, Tyers Street, and the prisoners—on January 28th I kept observation, and about 11.45 a.m. I saw Brooker leave and ride away on a motor cycle; I followed him on my bicycle to Kennington Cross Post Office, where he went in and made a purchase, which I could not see as I did not go in—on leaving there he went to the Newington Butts Post Office; he then went to four post offices in Bermondsey and two in Albany Road—he then went to a post office in Inville Road, and then to Grosvenor Park and entered No. 39, a private house—I saw him come out of each post office doing up postal orders and putting them into his pocket—I did not give any information to the post office officials on that occasion—on January 30th I saw both prisoners leave 58, Tyers Street, at 11.30 a.m.—Appleton rode away on his bicycle—I followed him to Auckland Street Post Office, four post offices at Stockwell, and then to Clapham, where I missed him in the traffic—I did not see at all on that occasion what he paid at the post offices—I was not perpetually watching 58, Tyers Street—at 12.20 p.m. on February 24th I saw Brooker ride away on a bicycle; I followed him to the Auckland Street Post Office, to four post offices in Brixton, to one at 56, Brixton Road, to one at 63, Camberwell New Road, to one in Ackerman Road, and to another in Cold Harbour Lane—I should think he went six miles or more that day, and at all these post offices he either cashed or bought postal orders—at one post office he bought four postal orders for £1 each; at
another one he cashed two postal orders for £2; and at another he bought three postal orders for £1 each—I stated who I was to the post office clerks, but I did not succeed in obtaining anything—on March 7th I saw Brooker leave the premises at 10.30 a.m.—he rode away on a bicycle, and I followed him to several post offices in the vicinity of Victoria—each day he went to a different district—I saw him as he came out doing up postal orders; I followed him back to Tyers Street—on March 10th, at 11.30 a.m., I saw Brooker leave, and I followed him to a post office at Kennington Cross, and to another one at Dante Road—Sergeant Beard was with me that time, and at the Dante Road Post Office I went back to Tyers Street, and Beard followed Brooker—when I got back I saw Appleton leave at 2 p.m., and I followed him to a post office in Kennington Road, to another at the foot of Westminster Bridge and to another at Waterloo Road; he purchased postal orders at each office—I showed my authority to each clerk, but the gold with which the postal orders had been bought had already been put in the till, and it was impossible to secure it—on March 11th, at 11.30 a.m., I saw both prisoners leave on bicycles in opposite directions; Appleton rode up Tyers Street into Jonathan Street—I followed with Inspector Knell, and they were arrested.
Cross-examined by Appleton. On January 30th, after you left the Auckland Street Post Office, you went under the railway arch and turned down the South Lambeth Road—sometimes I was twenty yards behind you, some times 100 yards; it depended on the state of the traffic—I should be surprised to know that you were not on a bicycle that day—before you went into the post offices you looked about, but otherwise you did not act in any way suspiciously—you entered nine or ten post offices altogether whilst I had you under observation, none of which you entered again—I did not hear what you asked for at the Kennington Road Post Office; I was at the door just as you were asking—I saw you fill up a money order and ask for something at the Westminster Bridge Post Office and get the money, but I do not know what amount—that post office is a long one with a counter at which you can buy stationery and other articles, the post office being at the end; it would have been easy for me to have spoken to the person at the stationery counter, and they could have gone to the post office counter, but I did not think it a favourable opportunity—I thought you were suspicious, and that if a man had left the counter to go to the post office directly I came in, it would have excited your suspicion—on coming out, you went to York Road opposite, but did not go into the post office—the reason I did not follow you after you left Waterloo Road Post Office was because I wanted to make inquiries there—during the two months I never had any complaint from a post office clerk that you had passed any light sovereigns or bad coin.
Cross-examined by MR. ROOTH. I followed Brooker on five different occasions—at a good many of the post offices I stood at the door—I had three or four different caps in my pocket and two pairs of eye glasses which I put on at different post offices so that he would not recognise me, otherwise my appearance was pretty much the same on each occasion—I have followed Brooker to about thirty post offices, and at every one at which I
made myself known, on looking into the cash drawers no spurious money, or money that had been tampered with, could be found—of course I never asked him why he was getting so many postal orders; I only spoke to him when he was arrested—I heard that he was a commission agent for the first time at the police court—I did not see any of his notepaper with that heading on it.
Re-examined. Complaints have been made by the post offices as to the coin, since the prisoners were arrested.
ADA BERNARD . I live at 74, Holyoake Road, Kennington, which is a shop and a post office, and I am also employed there—on March 10th I was in charge of the post office arrangements, when a man came in, whom I cannot recognise, and asked for three £1 postal orders, tendering £3, and 4 1/2 d. commission, in payment—almost simultaneously a man, whom I now know to be Detective Sergeant Beard, came in and handed me a blue slip of paper—in consequence of what I saw written on it, instead of putting the three sovereigns in the till, I put them on the desk quite separate—the man went out with the postal orders and Sergeant Beard gave me three sovereigns in place of the three I had put on one side, and which he marked (Produced).
Cross-examined by Appleton. We do not keep a record of the numbers on the postal orders that we issue.
By the COURT. There is a counterfoil to every postal order now, and there was at that time, but we do not keep them; the person to whom we issue the order would have that.
Cross-examined by MR. ROOTH. There was nothing to attract my attention in either Brooker or the officer—I was pretty busy at the time; there were three or four people in the office, and a postman had just come in—when I am paid sovereigns I generally sound them and put them into the till, and would have done so in this case had not the officer come in at once—he was in private clothes and rushed in just as the man was leaving with the postal orders—I cannot say whether the man saw what happened, but no time elapsed between my giving the postal orders and receiving this slip of paper—the officer had written on the slip of paper before he came into the office; it said, "Please place the money on one side; I want to examine it after the man who has handed it to you has left the office"—of course, if the man had been cashing postal orders it would have been useless—I swear that I never put those three sovereigns into the till—here was no other money lying on the counter at the time—the officer book them up and exchanged them about five minutes afterwards.
JOHN BEARD (Detective L.) On March 9th I saw Appleton leave 58, Tyers Street about 11.30 a.m. and go to Westminster Bridge Road Post Office—on March 10th I saw Brooker leave the premises and go to Messrs. Willcox, engineers, of Southwark Street, Borough; he then returned to Tyers Street, remained inside a few minutes, came out, got on a bicycle, and I followed him to a post office at Kennington Cross, where he bought postal orders—I then followed him through a number of streets to a post Office at 74, Holyoake Road, Newington Butts, where he asked for three postal orders—the clerk had just got them out of the drawer when he
said "4 1/2 d. is the commission," and he laid down 4 1/2 d. in bronze and three sovereigns on the counter—whilst the clerk was handing him the postal orders I passed a written communication to her—while I was speaking to her Brooker was at the door—I gave her three sovereigns in exchange for the ones that Brooker had paid and marked them with the letter "H" in her presence—I now identify them (Produced)—I was again in Tyers Street when I saw Appleton go to Kennington Road, Westminster Bridge Road and Waterloo Road post offices, where he bought postal orders with sovereigns—at 11.30 a.m. on March 11th I was with my inspector when I saw both prisoners leave in opposite directions on bicycles—I followed Brooker and arrested him at the corner of Lambeth Walk, telling him that I was a police officer, and that I was taking him into custody for feloniously diminishing the coin of the realm, to which he replied, "All right; I know nothing about it"—on the way to Kennington Lane Police Station he asked me what he was charged with—I repeated the charge to him, and he made no reply—I searched him at the station and found on him £14 in gold; lls. silver; 1s. 0 1/2 d. bronze; and £45 in postal orders and money orders—there were two postal orders for 18s. 3d. and three for 18s., some having stamps on them—by this time Appleton had been brought to the station, and they both were charged—Brooker made no reply—I with my inspector on the same day searched the premises at Tyers Street, and the search was continued on the 13th—on March 14th 1 and my inspector went to 40, Cranmer Road and saw Costings, who pointed out to us a room and a shed—we obtained the keys from Appleton—we opened the back room and found three slips of zinc, six of iron, four of copper, two of which had got white metal on, two carbons, two pieces of brass, one lead foil, one cell for a battery, some silver leaf, two files, one milling instrument, and a quantity of memoranda (Produced), which do not refer to anything connected with coins, but are bills and letters connected with a milk business—we got into the shed through the window and unlocked the door from inside—we found therein a large copper with bluestone in it, several bottles containing acids, one copper plate, two milling tools, one pair of pliers, a zinc slip for a battery, one tub of sal ammoniac, one bottle of sulphuric acid, one glass jug containing acids, one red lead, one bluestone, two strips of lead with the impression of 2s. pieces thereon, which were found in the copper, one wooden mallet, one cramp and two slips of cotton—on March 26th an authority was given to me by Brooker to hand over certain property to Rose Appleton—I produce the document, which is all in his handwriting, with the exception of the witness's signature (Produced)—I have examined some manuscript documents found at Tyers Street, and find that the correspondence with Mr. Nathan was in Appleton's handwriting, including the letter in which it is said that Appleton was away—the slip of paper with the instructions how to make 6d. into 10s., and the ink memoranda between the pages of the large book are also in Appleton's handwriting—the postal orders found upon Brooker were made payable to "Bassett" in Appleton's handwriting—the money orders and postal orders found upon Appleton were made payable to "R. Appleton," and in his handwriting.
Cross-examined by Appleton. The money orders for £7 and £10 were made payable to "R. Appleton"—I watched you on three occasions in all—you might have bought anything at the Westminster Bridge Road Post Office on March 9th, but I could not see—I lost you as I went over Westminster Bridge, owing to the traffic—I have not suppressed anything that you did on that day—there is a stationery counter at the Westminster Bridge Road Post Office—it would have been easy to have handed a piece of paper over the counter to be handed in at the post office, but as I did not see what you had bought I did not do so—on the next day I followed you with another detective to the same office, but I did not ask for anything, as I thought I should arouse your suspicion by doing so; I did not want you to notice me, so I stopped outside the door till you came out—after that you went up York Road, but you did not go into a post office there—some of the postal orders are signed as received by "H. Bassett"—one of the money orders made payable to you is issued at the Edgware Road Post Office, and payable at Hatton Garden, and the other issued at Kennington Road and payable at Lambeth Walk—you were walking on March 10th, and I was from fifteen yards to thirty yards behind you—Ward generally went first after you and I behind—postal orders, all dated March 10th, at Drury Lane, Kennington Street, High Holborn, Southampton Row, New Street, Waterloo Road and East Strand, were found upon you—two £5 notes and a money order for £7 obtained at East Strand were found upon you also—they could have weighed the coins that I handed over at Westminster Bridge Post Office if they had wanted to—I let you go when you came out of the post office, as I thought that if you saw me many times you would get suspicious—you did not appear to be suspicious—among the tools found at Cranmer Road was this one, which in connection with a battery could be used for sweating coins—there were also a number of these plates which could be used as discs for the inner part of the counterfeit coin; there are some slips here with impressions on them as if they were about to be cut out for discs—the cramp found would be used for holding the coins while being milled—the silver leaf is used for covering coins, and the bottle of double cyanide of silver is used in either sweating or manufacturing coins—I found a tub which I inferred contained sal ammoniac by the label on it—one side of the shed at Tyers Street is 12 feet high, and the fence about 6 feet 6 inches; I measured it—the frosted shop window is 5 feet 8 inches—I am 5 feet 9 1/2 inches in my boots; I could only see over it if I stood on my toes—I believe it is correct that you sold a dairy business for £900—I know that you were charged for assault in 1895. and got six weeks for it—I also know that there have been letters found at Tyers Street giving advice to ladies, and some herbs were there, which I am informed are for a very bad purpose—I cannot say that you have ever given medicine with a criminal intent—I heard that you were a quack doctor in Holborn, and that you had posed as an M.D. from the United States—I found some drugs at Tyers Street, and bills were found at Cranmer Road, showing that you had purchased from Messrs. Parkes and Davies a quantity of drugs, including some liquid ergot and sulphate of carbon—I cannot find the ergot now—I remember
seeing also some ergot herb, which was done up in packets with "Ergot" outside, but I cannot find that either now; they were all jumbled up with the other herbs—these other instruments were also found (Produced)—I found a number of medical books at Cranmer Road; I cannot say there were 200 of them—I remember you asking for certain books, but none were found of the nature you referred to—I remember your telling me that you believed that you were the only man who had discovered the cause and cure of cancer—(Appleton desired that the letters found written by ladies should be read. MR. JUSTICE DARLING read one, suppressing the names, dated August 23rd, 1902, marked" Immediate," asking Appleton to write to the writer at once with reference to a certain lady, to do the best he could for her, and that she would require him for another job concerning the adoption of a child; that the money was all right; that it was as easy as ABC, and cautioning him not to send a postcard. Another letter, dated July 4th, 1895, stated to have been written by Appleton to "Richard," informing him to keep certain herbs, including wormwood and carbon, out of sight, and advising him to lay in a stock of, amongst other things, tincture of opium, potash, sublimate of lead, and oil of peppermint, as he would make a name with these for the successful cure of acute gonorrhoea, stating in what proportions they should be mixed, and how the medicine should be administered; and that he hoped "Mrs. A." had been to Ramsgate and enjoyed herself. A letter from Messrs. Parkes and Davies, addressed to R. Appleton, Esq.," stated that they could not find his name in any books of reference as a medical doctor, and they therefore could not supply the drug asked for; there was also a later letter from them in which he was addressed as Dr. Appleton.)
Cross-examined by MR. ROOTH. I followed Brooker altogether on three occasions—when I followed him on March 10th I kept him in sight all the time, and I was not disguised in any way—I had written on the piece of paper before I went into the post office, and when he received the postal orders I immediately rushed up—I pretended to drop something and to accidentally push against him, when I passed over the piece of paper to the girl—as I pushed past him I asked for four stamps, and so confused her by handing the piece of paper over that she put the money on one side for me—there were about five people in the shop at the time—the three sovereigns never left my sight; there was only 4 1/2 d. in copper besides them on the counter—if Brooker had been cashing postal orders I should have waited for another opportunity—when his private house was raided, note paper was found there headed "Commission Agent."
Re-examined. "The Mrs. A." referred to is Appleton's wife; her maiden name was Rose Worth, which was one of the names in which Brooker and Appleton had a banking account—Mrs. Appleton was living at 39, Grosvenor Park with Brooker at the time of the arrest.
FRANK KNELL (Detective Inspector.) I have kept watch on 58, Tyers Street for some time—the description of the business on the face was "Appleton & Co., Engineers"—on March 11th I followed and arrested Appleton—I said to him, "I am a police officer, and shall arrest you on suspicion of impairing and diminishing the gold coin of the realm"—
he said, "I know nothing about it"—I then conveyed him to the Kennington Lane Police Station and searched him, when I found eleven sovereigns, 10s. in silver, 9d. in bronze, two £5 notes, a post office order for £7, six postal orders for £1 5s., three for 18s., ten for £1 1s. 5d., one for 16s., and one for 8s.; they were all in the same handwriting and signed "R. Appleton"—I also found two leather purses—on that and two subsequent days I searched 58, Tyers Street, and in the front room I found a quantity of tools, a motor cycle, and other articles, and to a casual observer it seemed a genuine business that was being carried on—owing, to the window being frosted it would be difficult to see what was going on in the shop from outside—in the middle room I found a quantity of metal sheeting apparently of German silver and copper, two electric dynamos or storage batteries, a vice, two smelting pots, one larger than the other, two pairs of silversmiths' scales with weights, seven milling or edging instruments, and some files—there were also some silver sand, charcoal, and between twenty and thirty pieces of wood with copper and rubber rings apparently made to hold sovereigns, a glass jar containing gold dust, and a quantity of acids, filings, and pewter—in the back room I found a large enamel bath full of water, and inside that, another bath containing a coloured liquid, which was boiling, a gas stove being alight underneath—at the side of the bath and connected thereto I found four electric batteries and copper bars with these pieces of wood hanging to them—I also found some quicksilver, silver sand, bluestone, a large quantity of cyanide of potassium, two enamel dishes, and a large number of bottles containing acids—in the cellar or cupboard under the stairs I found a large number of metal facings of German silver bearing the impressions of 2s. and 1s., pieces—I also found a large number of metal discs the size of 5s., 2s. 2s. 6d. pieces, and shillings, and a quantity of impressions of half sovereigns—I found three counterfeit shillings complete and eight partly finished, and two thermometers—on another occasion I found two dies of the obverse and reverse sides of a shilling and £57 in genuine gold sovereigns, which I took possession of—there was also a book found at Tyers Street containing instructions for the extraction of gold from sovereigns, and a piece of paper on which was very minutely calculated the time it would take and the profit expected to accrue—it also contains an extract copied from a book written by Isler on the subject of gold and the action of different acids upon it (Mr. Justice Darling read an extract as to the quality and tests of gold, and also a memorandum of profits likely to accrue from extracting gold from sovereigns, on the back of which there was" Rafe C. Appleton, Dairyman and Cowkeeper")—there was also a piece of paper on which were instructions how to make a 6d. coin into a 10s. one—I also found a book entitled "The Story of British Coinage," and a handbook on soldering and brazing—the only book found that seemed to relate to any genuine business was this ledger (Produced), found in the outer shop—it begins at the 107th page with "July 21st, bank, £103 0s. 6d.; stock, £82; cash, 7s.," and those items repeated are the only business entries to be found—at the end of the book there are four columns of figures, over which in some cases are the initials "R. A.," and in other cases "F. B."—
I do not find any reference to the transactions with Mr. Nathan—I did not find any articles at Tyers Street that were there for the purposes of being gilded or being treated by the addition of metal to them in the shed I found a forge, and in the yard the remains of some batteries—I searched the bedroom on the top floor, which appeared to have been occupied and found a large number of bottles containing liquids chiefly marked "Poisson "on March 11th I went to 39, Grosvenor Park. Camberwell the residence of Brooker, from whom I had obtained the key—Rose Worth was in occupation there—I found a quantity of note paper headed "F. Brooker, General Dealer and Commission Agent, 39, Grosvenor Park a paying in counterfoil slip book connected with an account at the Bermondsey Branch of the London and North Western Bank (Produced) two discharge certificates from the Army, one of them being in the name of Brooker and the other Bassett-Beard handed me three sweated sovereigns on a previous occasion, which I handed to Mr. Smith, one of the officials of the Mint, who I allowed to take from Tyers Street certain articles to examine and test.
Cross-examined by Appleton. I found three pots altogether at Tyers Street and the contents of the one that the boy Evans saw being analysed—I had you under observation from January Nth till March 11th—there were many intervals during which your shop was not watched—no such person of the name of Welsh could be found, and I stated at the Westminister Police Court that in my opinion he was a myth—there may have been 100 people coming in and out without our knowing, but still I think I am justified in saving that no such person exists—if we had had the place watched continually we should have aroused your suspicions—I satisfied myself from my observations that you and Brooker were the only two persons carrying on business there before you were arrested—I did not read through all the letters I found at Cranmer Road; there were bushels of them; the ones that have been referred to arc the only ones I took notice of—I did not find any receipts in connection with chemicals or drugs purchased at Cranmer Road—I have not been to Parkes & Davies to ascertain if you had purchased any of the chemicals found at Tyers Street from them—I do not remember your saying that you were the only man who had discovered the cure and cause of cancer, nor your asking for certain of your medical books and papers to be saved—none of them have been destroyed—Messrs. Johnson and Matthey have searched for the assay notes of the gold that you say you sent them for six months back, both in your name and Brooker's, but they have not been able to find them—I know you have lived eight or nine years at Cranmer Road—other than this allegation, I know of nothing against you.
Cross-examined by MR. ROOTH. The forge found was an ordinary one, and the batteries and crucibles could have been used for a legitimate business—I have never been in the premises when the prisoners were at work so I do not know what rooms they respectively used—I am not prepared to say whether Brooker lived on the premises or not; he was not Jiving there at the time of the arrest—I found no articles that could be associated with the manufacture of base coin or the sweating of good coin
at Grosvenor Park, where he lived—none of the manuscript books that dealt with sweating coins were in his handwriting—the ledger is in his handwriting, but there is nothing in it that deals with sweating—he worked for a number of years with Mr. Lovejoy at Brixton Road—he was in business in London Road as a hydraulic lift repairer, and also in Leadenhall Street at a steam laundry—a part of the time my officers made obserrations from the rooms opposite 58, Tyers Street.
Re-examined. I identify the paying-in book found at Grosvenor Park—the entries found in the ledger relating to stock may refer to a stock of gold and to its disposal by placing something in the bank, or relate to the drawing out of the bank.
SIDNEY EDWARD SMITH . I am an assistant assayer at the Royal Mint—I received from Inspector Knell three sovereigns marked with an "H," two of them dated 1903 and one 1875—I examined them and found gold had been extracted from the reverse side in each case, in consequence of which there was a deficiency in one 1903 coin of 7 94 grs., representing 1s. 4d. in currency; the second 1903 coin was deficient of 7 24 grs., representing 1s. 2 1/2 d.; and in the 1875 coin there was a deficiency of 6 27 grs., representing 1s. 0 1/2 d.—on March 14th I went to 58, Tyers Street, and in the back room on the ground floor a large bath with an electric battery and a gas jet underneath, was pointed out to me—a smaller bath was inside which contained an amber coloured liquid; the large bath contained water—I took a sample of the amber coloured liquid, and on analysis it yielded 66 grs. of gold per gallon—there was another bath in the back yard containing a liquid, which I analysed and found to contain 11 grs. to the gallon, and the sediment at the bottom contained (5 per cent, of gold—I examined 43 ozs. of gold dust and platings found in a tumbler and on analysis it was seen to contain 90 per cent approximately of gold, the whole being worth, roughly, £16—I cannot say whether the whole of the alloy was copper, but copper was present—if you sweated a sovereign and deposited what you got from it on to a copper plate and scraped the copper plate, on analysing the scrapings one would expect to find very much the same as was found in that tumbler; there was more copper than you would find in a sovereign—I saw this crucible at Kennington Lane Police Station (Produced), and I found a ring of reddish coloured slag near the bottom, which I examined and found to contain gold in small beads—I also examined the scrapings from the bottom and the side leading to the lip of the pot, and found them to contain pellets of gold—I saw the copper rods and strips found in Tyers Street connected with the baths, and on examination found the strips to be coated with gold—(Mr. Rooth objected to the witness being asked whether, in his opinion, the appliances found upon the premises were used for the purposes of extracting gold, which objection the Court upheld)—I myself have tested the appliance by putting a sovereign in one of the rubber receptacles on this strip of wood and placing it opposite a copper strip fitted, more or less, as this one (Produced), for the purpose of seeing whether I could extract gold through the agency of a battery similar to the one found—the sovereign depreciated in value by 6 24 grs., representing
1s. 0 1/2 d.—the treatment I allowed was three hours—I examined fifty-seven sovereigns brought to me and eleven sovereigns and fourteen sovereigns found on the prisoners, and found them all to be undepreciated in value—(MR. ROOTH objected to questions being asked as to the counterfeit coins found on the premises, on the ground that they were irrelevant: MR. JUSTICE DARLING said that the coins found were so obvious in themselves that a scientific opinion was not necessary).
Cross-examined by Appleton. I have not examined the drugs found on the premises; my knowledge of them practically amounts to nothing—to the best of my recollection, the drugs and the chemicals used for sweating were found in different rooms—if gold to the value of 1s. could be extracted from a sovereign, it would require the treatment of 2,000 sovereigns to produce £100—the metal contacts in the solution were insulated by a backing of some insulating medium—if this holder contained sovereigns the metal stud at the back would be completely protected from dissolving away—I do not think this plate is very old (Produced)—it would require considerable pressure to make these impressions of coins on this German silver (Produced)—I did not see any machinery at Tyers Street or Cranmer Road to make those impressions; I could make them with a hammer—it is a very unusual way of making counterfeit coins, and I should think it would require a great deal of skill to make coins in this way sufficiently good to be passed—it would depend upon the intelligence of a person whether he would take these counterfeit coins, but I should not think the Post Office officials would take them—one method of making counterfeit coins is by means of plaster moulds and pewter; none have been shown to me—the milling tools found are quite common to be found in an engineer's shop—this one (Produced) could put the milling on a coin as well as any of them—I identify these three punches (Produced)—I said at the police court they would punch out soft metal—I do not know the diameter of them—(A Juryman measured the diameter of the punches, and found them to be 1 1/8ins., 1 in. and 7/8in. respecttively, and said that he did not consider that the discs were made with the punches produced)—I cannot say what they were used for—I should say these discs have been cut out and not punched out, and that none of the punches would punch out a disc of the size found—such punches as those I do not consider would punch out copper or German silver—discs punched with these punches would have a bevelled edge, which these have not—I do not carry the diameters of silver coins in my head.
Cross-examined by MR. ROOTH. Another evidence of sweating besides weight is that one side is not so sharp as the other; it is rounded over; this would not happen if a coin had been in circulation a long time—I have seen a spade guinea, but I do not know that I particularly noticed that on one side the impression is better than on the other—to the best of my recollection, nothing was said when I was given the sovereigns to test by the police—the gold seems to have been removed more from the centre than from the edge—I see that one side of this florin (Produced) is more rubbed than the other, but I am not prepared to compare gold coins with silver coins—I only examined the implicatory tools: it is quite possible that the rest were ordinary engineering tools—no sovereigns that had been
sweated or tampered with were found on the premises—I make no surmise as to where the gold that was found in the solution came from.
ARTHUR CROUCH . I am the chief cashier of the Bermondsey branch of the London and South Western Bank, carrying on business under the Companies Act, and I produce a certificate that they made a proper return to the Registry Office—Brooker is a customer of ours, and I produce a certified copy of his account made by the manager of the bank—on July 2nd, 1903, I cashed a cheque for him for £230, giving him two £100 notes and £30 in coin; the numbers on the notes were 95899 and 95900—on October 13th we credited him with a cheque for £100 drawn by Nathan Bros., dated October 3rd—on December 30th we got another cheque from Nathan Bros for £33 12s.—on March 9th I cashed a cheque for £82 drawn by Brooker in favour of Appleton—I produce Brooker's paying in book, and find the amount paid in of postal orders in January was £21 12s., and in February £2 14s.
Cross-examined by Appleton. I cannot identify you positively as R. C. Appleton; your not having a beard at the time I saw you would make it difficult to recognise you.
Cross-examined by MR. ROOTH. Brooker has banked with us since January 18th, 1902—I should not think he has paid in as much gold as £113.
Re-examined. Latterly the payments in have been principally in silver, money orders and postal orders—we have invariably paid gold out, with one or two exceptions.
SIDNEY HERBERT JARRETT . I am the manager of the Vauxhall branch of the London and South Western Bank—on July 6th, 1903, an account was opened in the name of Rose Worth, of 39, Grosvenor Park, the reference being Brooker, of the same address—the account was opened with two £100 notes, the numbers being 95899 and 95900—I passed through that account two cheques drawn by Nathan Bros., one for £20 15s. 6d. and the other for £52 8s., of November and December—the account was closed on December 9th, as they would not pay our charges on the silver paid in—gold and postal orders to the value of about £44 were also paid in when the account was open—the cheques were cashed, with one exception, with coin.
LEWIS HENRY SALMON . I am the manager of the Kensington branch of the London and South Western Bank—in May, 1898, an account was opened in the name of Rafe Cameron Appleton, of 40, Cranmer Road, Brixton—I produce a copy of his account—there have been payments into his account, certainly latterly, of a considerable number of postal orders and silver.
Cross-examined by Appleton. From July 24th to February 24th I received postal orders to the value of £54 3s. 6d., and gold to the amount of £122, and silver £140 16s. 6d.—the deposits were not unusual in any way.
Evidence for Appleton's Defence.
times for a reference for the place at which I am now employed—I called one morning about 10 a.m., and you were writing a letter when a man whom I now recognise as Brooker came into the shop from the street—there was a dog there, but it did not attempt to bite me.
Appleton, in his defence, said that Brooker had arranged with him that he should have the front shop at Tyers Street for 5s. a week, to carry on his business as a motor cycle repairer, and that he should take over the tenancy; that a man named Welsh who now could not be found, in answer to Brooker's advertisement in the paper with reference to buying old gold, had brought quantities of gold, which it was arranged should be assayed and. sold, Welsh paying them a commission of 1s. per ounce; that about January, Welsh took over the back room, the yard, and cellar at 58, Tyers Street, paying 10s. a week, saying that he required them for the purpose of plating common jewellery, and a battery and other instruments, including a gas stove, were moved in for that purpose; that he (Appleton) did not deny that the appliances produced in Court looked as if they could be used for sweating sovereigns, but that neither he nor Brooker expected anything of the kind was going on, 'and that he had no means of knowing, as he was away for days at a time; that he also let Welsh the shed in Cranmer Road, which he had built, and had formerly used in his dairy business; that a woman next door had seen Welsh twice, hit he could not get her to come and give evidence on his behalf, as her husband objected to her doing so; that he had no knowledge of the base coins found in the cellar; that they must have been made by Welsh; that he had been a doctor for three years, and that the medical books found at Tyers Street related to the cure and cause of cancer; that he claimed that he had discovered the cure of this disease, having cured himself; that the evidence as to documents found at Tyers Street relating to the sweating of gold, and stated to have been in his writing, had been served upon him so late that he had not had time to produce evidence that they were not in his handwriting; that post office clerks would be the first people to find out if base or light coin had been paid, as every office had a pair of scales on the counter, and not a single complaint had been made; and he suggested that the reason of no step being taken at the Westminster Bridge Road Post Office, where he had bought postal orders, was that the detectives had examined the coins passed and found them to be good, so no evidence could be found against him.; that he and Brooker had been engaged in a profitable system of betting, by which they evaded the police, and that this accounted for his having such mixed sums in his pocket; that the reason of his having such a large sum in his pocket when arrested was that owing to a judgment summons for a solicitor's bill of costs for endeavouring to produce a divorce from his wife, he had thought it safer to draw his money from the bank and carry it about with him, the most convenient way being in the form of postal orders; that to produce £100 worth of gold it would require 2,000 sovereigns to be sweated, and that no evidence had been given of what had become of the £2,000; that he had bought some steam laundry machinery and put it into Tyers Street, and had sold it again; and that of the punches found, one was a leather punch and the two others were ordinary tinmen's punches.
Brooker received a good character.
GUILTY . APPLETON— Fourteen years penal servitude:
BROOKER— Eighteen months hard labour. MR. JUSTICE DARLING directed that the costs of the prosecution should be paid by the prisoners. The Jury commended the police in (he case.
OLD COURT.—Monday and Tuesday, April 25th and 26th, 1904.
Before Mr. Justice Darling.
386. ERIC GORDON MacCRAE SHORT (45). Unlawfully causing and inducing William Jeffery to affix his name upon a banker's cheque for the payment of £375, in order that the same might be afterwards used as a valuable security, with intent to defraud; also obtaining credit to the extent of £5,000 from Emerson Bainbridge by false pretences.
MR. MUIR and MR. J. H. MURPHY Prosecuted.
FREDERICK WILLIAM CROWN . I am an officer in the employment of the Clerk of Assize for the South Eastern Circuit, and produce from his custody depositions, exhibits and other documents relating to this case—they came into his possession upon a committal from the Hastings Petty Sessions.
REGINALD KELSEY . I am a solicitor and formerly practised at Eastbourne for eighteen years and at Bexhill for two or three years—I first made the prisoner's acquaintance on May 9th, 1901, when he called at my office at Bexhill, and said he was in very low water, waiting for some pupils to come to him, and could I lend him £5, which I did—I understood the pupils were boys—he said he. was living in Wilton Road, Bexhill—after that I several times lent him sums of £3—about the beginning of June he told me that he was expecting a very large sum of money to be left him on the death of a Mr. Baring—the day that he mentioned that he got some money from me—he also said that the pupils who had been coming to him had got measles—he told me that Mr. Baring was a man of immense property, getting on for £4,000,000; that his wife was to receive a very large sum and so was he; that he was Mr. Baring's grand-nephew; and that Mr. Baring's Christian name was George—I asked him if Mr. Baring was anything to do with Baring Bros., and he said no, he was not a member of that firm at all, but that his Mr. Baring was half brother to Lord Revelstoke—he said that owing to his Mr. Baring having drawn £800,000 from the firm of Baring Bros it had practically brought about the smash in that firm—he said his Mr. Baring was then ninety-two years old; that he was suffering from cancer in the throat—he said he way coming into Mr. Baring's money under his will; that one of the trustees was a Mr. Pollock and that his wife, Mrs. Short, was the executrix—the prisoner stated that Mr. Baring's health was so bad, and he was so imbecile, that he could not alter his will—he said he had seen Mr. Baring, but had never spoken to him—I do not remember if he said how often he had seen him—he said that three firms of solicitors had been down to St. Leonard's in July, 1001, and had made Mr. Baring's will there and then, that they were paid their cheques and went back to London, and that the firm of Freshfields took the will back with them and lodged it
in the Bank of England—he told me all this subsequent to his beginning to borrow money—it would be the end of July or beginning of August, 1901—the will had only just been made, according to him—he did not explain why three different firms of solicitors should make the will—he first spoke to me about raising money for him in September or October, 1901—he then told me that Mr. Baring had large properties everywhere; that he had half an oil mine in Russia; that he had properties all over London, and a large amount of ground rents in Lewes. Vienna, and other places—he did not say where the property in London was—when he spoke about raising money I said he would have to make a statutory declaration as to the facts, as nobody would lend him money on his bare word, and he said he would certainly do it—I think at that time he had had about £400 from me—in consequence of his asking me to raise money for him I introduced him to Mr. John Reeves, of Bank Buildings, Hastings—he lends money, but he does not call himself a money lender—he is not a registered money lender—he lent the prisoner £300—I prepared a draft declaration according to the prisoner's statements—I read it to him, and he read it himself—I asked him if it was right, and he said yes—I told him that making a false declaration was a dangerous thing—he approved of it, and it was engrossed—it was made before a commissioner for oaths, Mr. Draper—Mr. Reeves paid £100 to the prisoner on September 21st, and the £200, I think, on January 10th—the prisoner gave Mr. Reeves a promissory note—Mr. Reeves was paid off, but I do not remember seeing the declaration again—I do not know what became of it—after that I lent the prisoner several sums of money myself—in 1902 the prisoner asked me to get him a large loan—I mentioned the matter to a Mr. Johnstone, who said he thought he knew somebody who could do it, and he introduced me to Mr. Jeffery, who is Mr. Bainbridge's secretary—Mr. Johnstone negotiated the matter with Mr. Jeffery, who I saw twice—I do not know what Mr. Bainbridge is, except a very wealthy man—I cannot say if he lends money—I saw Mr. Jeffery as solicitor for the prisoner—I told him all that the prisoner had told me—before the account at Lloyd's was opened, I think it was in May, 1902, I was present when the prisoner made statements to Mr. Jeffery—the account was opened on May 14th—the interview was quite at the end of April or beginning of May—the prisoner told Mr. Jeffery the same story that he had told me that Mr. Baring was possessed of all this money, that he, the prisoner, was going to have £40,000 under the will, and his wife was going to have some money also, and that he was going to have the interest for life of £250,000—that statement had not then been embodied in the form of a declaration, but the declaration was drawn immediately after that interview—this is the declaration: (Read) "I. Eric Gordon MacCrae Short, of Winchelsea, in the County of Sussex, late Captain in His Majesty's Army, do solemnly and sincerely declare as follows: (1) That I am connected with James Baring, who is now residing at Warrior Square, St. Leonardson-Sea, in the said County of Sussex, and who was formerly a merchant in Australia. (2) The said James Baring is now ninety-two years of age, and is suffering at the present time from cancer in the throat, which
cancer is in a very advanced stage. (3) The said cancer appears to have touched or to be pressing on the base of the brain, as at times the said James Baring is quite imbecile. (4) It is within my knowledge that the said James Baring is quite incapable of making any alteration in his will. (5) I am informed by the trustee of the will of the said James Baring that he, the said James Baring, is possessed of property to the value of four millions or thereabouts. (6) I am also informed by the said trustee that the said James Baring has bequeathed to me the sum of £20,000 in cash and the income for life of £250,000, and I make this solemn declaration, continously believing the same to be true, and by virtue of the Statutory Declaration Act of 1835. Declared at 1, South Square, in the County of London, this 13th day of May, 1902.—Eric Gordon MacCrae Short. Before me, W. T. Boydell, a Commissioner for Oaths"—I do not think I was present at the interview with Mr. Bainbridge at Whitehall Court—a joint account was opened at Lloyd's Bank, Law Courts branch, between Mr. Bainbridge and the prisoner on May 14th—on May 17th there was a cheque drawn to me for £370, to pay off Reeves' loan and interest, which was done—I had to pay off several loans—there was a cheque to me for £375, which I think was for a man named Taylor; at any rate, it was for the prisoner's debts; and there was £300 to St. John—all the money passed through my hands—it was sent to me by cheques drawn on Lloyd's Bank, and signed by Jeffery, myself, and the prisoner, in that order.
Cross-examined by the prisoner. I cannot fix the exact date that you first saw Jeffery, but it was when you were with me, and I think it was in the beginning of May or the last week in April—I believe now most certainly that the £800,000 being drawn from Baring Bros by your Mr. Baring was a cock and bull story, like a good many others of yours; but you certainly made the statement—you said at first that you were a grand-nephew of George Baring, and then you altered it to James Baring, and said you had made a mistake in the name—at the time of the declaration there was no contract in existence for the purchase of the Crowhurst property, so that could not be the security for the loans—the contract was not executed till May 26th or 28th—your definite instructions to me were to raise £5,000, if I could get it, on the facts given in the declaration, to enable you to pay the deposit upon the estate of Crowhurst, and for you to have something to live on in the meanwhile—my experience of you was that you were generally in want of money—I did not think a man of good education, calling himself a gentleman, would wilfully "commit perjury by making a declaration of what were not facts—I had my doubts of the story of £800,000 being withdrawn from Baring Bros., because you talked so largely in millions instead of thousands: but I did not think it was material to the case or would affect Mr. Baring's will—I was to have £1,000 a year for managing your estates and property—I have not got the agreement here.
Re-examined. This document is signed by the prisoner—I think it was prepared by Mr. Jeffery and sent to me to approve. (Exhibit R K 21.)
LORD REVELSTOKE. My family name is John Baring, and I am the
eldest son of Edward Charles Baring, who was the first Baron Revelstoke—he had a half brother named James Drummond Baring, who was also half brother to my father's brother, Lord Cromer—James Drummond Baring was a cousin once removed of the Earl of Northbrook—James Drummond Baring died on June 28th, 1901 in Paris and my father died in London on July 17th, 1897—James Drummond Baring had no connection whatever with the firm of Baring Bros.—my father was the senior partner in the firm—I know nothing of the prisoner; he is in no way connected with my family.
R. KELSEY (Re-examined.) I received this document from the prisoner by express letter—I telegraphed to him, asking him the exact name of his Mr. Baring, and this is his answer; it was sent from Charing Cross, and is in his writing—I do not remember the date, but it was in the autumn of 1902—(Read:) "Debrett's Northbrook Peerage: James Drummond, half brother of the late Lord Revelstoke and Cromer"—at that time the half brother of Lord Revelstoke had been dead a long time.
WILLIAM THOMAS BOYDELL . I am a solicitor, of South Square, Gray's Inn, and am a commissioner for oaths—on May 13th. 1902, I took this declaration, but I am not sure of the prisoner's identity—I cannot remember if any conversation took place with the person who made it.
HARRY SPEARMAN JOHNSTONE . I was formerly a solicitor practising a Hastings and St. Leonards—I have given up practising now, and am connected with a commercial company—I first heard of the prisoner in the latter end of 1901—my first dealing with him was in connection with a loan from Mr. Reeves—two or three months afterwards the prisoner told me that Mr. Baring was a very rich man—I think he said that his Christian names were James Drummond—he said that Mrs. Short was Mr. Baring's niece, that he was then ninety-two years old and very ill indeed, suffering from cancer at the base of the back of the neck—the prisoner told me that he was interested in the will and I asked the prisoner's solicitor about the will—I introduced a Mr. St. John accidentally to the prisoner—after that he wanted some more money, and wanted to know if I knew anybody who would be likely to advance him some—I said I thought I could arrange it subject to his proving the truth of his story—he told me that Mr. Baring had drawn, I think, a million pounds from the bank of Baring Bros., and that that was what had broken the bank—Mr. Kelsey spoke to me with regard to the prisoner's wish to raise loans, and after they had borrowed some small sums I said it was absurd to go on like that; they had better get a sum of money large enough to last out the life of Mr. Baring—I introduced Mr. Bainbridge's name—I was to get £500 commission—I eventually received £2.10, and introduced the prisoner to Mr. Jeffery—before this at Hastings the prisoner said he wanted some more money, and could I arrange it for him—I said that unless he could prove his statements it was impossible for anybody to lend him any money, and could I see Mr. Baring—he said no—I said could I see Mrs. Short—he said yes—I said, "Where is she?"—he said, "At Winchelsea:" so we went by the next train to see her—I did not see her, as the prisoner said she would not see me—he did not give any reason, but he said she was a curious
sort of woman, and would not see me—I have never seen her—shortly afterwards he called at my house, and as we were walking down London Road, St. Leonards, the question of his getting more money arose; he said Mr. Baring was then living in Warrior Square, "on the other side"—I was then on the west side in London Road—he said he did not know the number.
REGINALD WILLIAM JEFFERY . I am secretary to Mr. Emerson Bainbridge, of Whitehall Court, who by profession is a mining engineer—in March, 1902, Mr. Johnstone called upon me in reference to an advance of money to be made to the prisoner—he made some statements to me, and I afterwards discussed the matter with Mr. Kelsey as the prisoner's solicitor—all the statements that I thought material were embodied in a draft declaration, and afterwards this declaration was drawn up—I saw the prisoner at Whitehall Court some weeks before, May 13th—Johnstone was present, and I went through each paragraph of the declaration—I asked the prisoner if the statements in it were correct, and he said they were—I then had some conversation with Mr. Bainbridge, and there was afterwards an interview, at which the prisoner, Mr. Bainbridge and myself were present; the statements in the declaration were gone through again, and the prisoner repeated to Mr. Bainbridge the statements in the declaration—Mr. Bainbridge upon that agreed to give his personal guarantee to the extent of £5,000—all this has nothing to do with mining engineering—Mr. Bainbridge is not a money lender—he does not practise now as a mining engineer—he is a colliery proprietor—he makes investments on the Stock Exchange—the commission here was 10 per cent per annum—Mr. Bainbridge was a Member of Parliament, but not at this time—he was Member for the Gainsborough Division of Lincolnshire, I think, up to 1902—Mr. Johnstone did not know Mr. Bainbridge—I believed the statements in the declaration to be true—at the time the declaration was signed we had received this document; it is dated May 12th—(Read:) "To Emerson Bainbridge, Esq.: You having guaranteed for me an overdraft on Lloyd's Bank to the extent of £5000, out of which I am to provide for the deposit for the purchase of the Blacklands Estate near Crowhurst, I hereby undertake to hand to you half of the net profits derived from the estate and the development of the same, you at the same time assisting me, doing what you can to promote the well being and advancement of the said estate.—Eric Short"—we also had this document before the account was opened (Ex. R K 21:) "Strand Cottage. Winchelsea, May 13th, 1902. Dear Sir,—In consideration of you having arranged by your personal guarantee the opening of an account at Lloyd's Bank to the extent of £5,000 in your name and mine on the statements contained in my declaration dated May 13th, 1902, I hereby agree and undertake to repay the amount standing at the debit of the account on the day on which I receive my interest under the will of James Baring. But in the event of my receiving nothing by the will, I still agree to be responsible for the repayment of the account. I also agree for the same consideration to pay you the sum of £500 per annum in advance so long as the account remains open.—Eric Short. To Emerson Bainbridge, Esq., i. Whitehall Court"—that is in the prisoner's writing—
the money was most certainly advanced on the strength of the declaration—the account was opened with the bank on May 14th, and this is the pass book—I was one of the persons who had to sign cheques drawn upon it—I signed cheques down to, I think, June 24th, when the account was closed—these three cheques, all dated May 14th, one in favour of Reginald Kelsey for £375, one in favour of John Reeves for £375, and one in favour of Louis Frederick St. John for £200, are signed by me, and at that time I still believed the statements were true, and I should not have signed them if I had thought they were untrue.
Cross-examined. I have not the remotest idea when I first heard that there was a warrant out for your arrest—I heard that the arrest took place at your bankruptcy proceedings—I do not remember saying to you on November 9th, 1903. "All right, you go down and see what happens," or anything like it; I do not remember if I saw you on November 9th I saw you so frequently—I understood that Mr. Bainbridge was to have half profits in Crowhurst—I did not arrange with Mr. Kelsey that you and Mr. Bainbridge should borrow £5,000 from Lloyd's Bank; the arrangement with the bank was. that an account should be guaranteed to be drawn on to the extent of £5000—I do not know if Mr. Bainbridge attached any value to the purchase of Crowhurst, but it must have been a very deferred interest, because the estate was not paid for—the money was not borrowed to pay for it—the account was opened partly to enable you to pay a deposit, which is a very different thing to purchasing an estate; you cannot purchase an estate on a deposit—I received a draft declaration about the end of March or beginning of April—I had it before I saw you, which was some time in March—I saw you with Johnstone alone and also with him and Kelsey—I went through the declaration with you, I cannot remember the date—I saw you four or five times before the money was lent—I think May 13th was the first time you saw Mr. Bainbridge—I think Kelsey remained down stairs, because I said it would be quite sufficient if you and Johnstone explained the case to Mr. Bainbridge—I had only seen Kelsey once before.
Re-examined On June 24th, 1902. when the account was last operated upon there was due to the bank £3,982 0s. 3d., which Mr. Bainbridge has had to pay.
EMERSON BAINBRIDGE . I lived at 4, Whitehall Court, and am a colliery proprietor—some time in 1902 I saw the prisoner before the account, of which I was guarantor, was opened—I had before me the declaration, and I believed the statements in it to be true—I believe I only saw the prisoner once before the account was opened—I became guarantor for the account at Lloyd's Bank to the extent of £3,000. which was drawn on for the benefit of the prisoner—in doing that I acted upon the faith of his statements being true, and I authorised Mr. Jefferys on my behalf to sign the cheques in the same belief—I have had to make good to the bank £3,982 0s. 5d.
Cross-examined. Our transaction was a partnership for the development of Crowhurst. and also a loan to you—I went down with you and saw the land at Crowhurst to see if it was worth while investing in, and that was partly the object for which the money was borrowed—your expectations
were supposed to be such that you would be able to pay for Crowhurst—you said you would get money from Mr. Baring—I paid the deposit, and you have got nothing to do with it—the purchase was not completed—the inducement to me to help you was that you told me that if you had this money Mr. Baring would advance you the money to pay off the whole estate and buy it—I was perpetually assisting you—I was the person who pressed you least—I asked you over and over again where Baring and Pollock were, and I wish I knew—I did not have a cable sent to Australia making inquiries—I do not know if I applied to St. John about the value of Crowhurst—I do not remember arranging with Johnstone that his commission should not be payable until after the £5,000 was settled—I do not remember saying to you about Baring, "Suppose he alters his will, and leaves you nothing," or your saying, "Of course he could, but I am sure he won't; there is no reason for him doing so; besides, I shall tell him of ray arrangement with you"—I only remember my act of folly in advancing you money—this is my first and last transaction in lending money.
WALTER JOHN PRIOR . I am a clerk to Messrs. Freshfields, the solicitors to the Bank of England—I have charge of the deeds and papers belonging to the firm—we have not now, and have not had for the last fifteen years, any client named James Baring—there is no record of our having proved a will of such a person either alone or in company of two other firms, or of us having lodged such a will at the Bank of England.
ALBERT MITCHELL . I am employed by Messrs. F. J. Parsons, Limited, the proprietors of the St. Leonards and Hastings Advertiser—they publish in that paper a directory of visitors and residents in Hastings and St. Leonards—I have been employed in getting up the facts in that directory for about twenty years—during 1901 and 1902 I canvassed Warrior Square—I did not come across the name of James Baring or James Drummond Baring as residing there.
HERBERT EDWARD RYALL . I am a surveyor of taxes at Hastings, and have been so since 1899—it is my business to find out the owners of property in Hastings for the purpose of taxing them—I have never come across the name of James Baring or James Drummond Baring in the course of my inquiries.
SIDNEY ROBERTS . I am a clerk in the office of the East Sussex County Council—I have a list of the voters in the borough—I have searched it for 1901, 1902, 1903 and 1904, and find no such person as James Baring or James Drummond Baring.
ALBERT HAWKINS (Detective Sergeant.) I have made a search of the registers of wills at Somerset House for the administration of the will of Michael Samuel Soltykoff—I find no such will—this is the will of James Drummond Baring, who died on June 28th, 1901.
ERNEST WILLIAM JOSEPH SAVILLE . I am an official receiver in bankruptcy at the Hastings County Court, and am the trustee ex officio in the proceedings of the prisoner's bankruptcy—I have had all the papers before me since July—as far as I can say his unsecured labilities are £11,500—all the assets which I have received amount to about £200.
Cross-examined. I do not understand that Mr. Bainbridge is your partner.
THOMAS COPPARD (Sergeant Hastings Police.) I arrested the prisoner on January 11th on a warrant, which I read to him—he said, "It is false"—I arrested him under the Bankruptcy Act for failing to disclose certain debts.
By the COURT. Eastbourne is about eighteen miles from Hastings—I served the prisoner's wife with a subpoena on January 23rd to attend the County Court—she came; I have heard of her since, but I have not seen her.
Evidence called by the prisoner.
EDWARD ALBERT KNIGHT . I am the Registrar and High Bailiff for the Hastings County Court—I do not know the date when I gave judgment against you under Order 14—you were represented by a solicitor, I think Dr. Manair—I do not remember the details of the case—I do not know the date of the Paramodis case—I presume I refused leave to defend if judgment went—the date of the judgment in the St. John case was April 16th, 1903—it is impossible for me to carry in my head all that was stated—I do not know what was the next order against you—I granted the interim receiving order on the ground that it was necessary to protect the estate, as you had not complied with the bankruptcy notice—the examination was adjourned into Court before the then acting judge because you refused to answer certain questions—I do not remember if this document was handed to him—I do not remember him saying, "Yes, yes, it is a way money lenders have; I cannot refuse Captain Short; he has given you all the information he has within his personal knowledge"—I have heard you offer to explain very often, but we have never been able to get the explanation—there is a record here of everything that took place in Court; it was all taken down in shorthand—I did not order your committal to prison: I have no power to do so—my bailiffs arrested you because I had the warrant, and I had to execute it—it was not in my power to stop the execution of the warrant—Mrs. Short's private examination was conducted before me by the assistant official receiver—I got no information from anybody—I had nothing to do with the questions; I was there simply to see that the examination took place properly—it was not by my order that the police broke in between 10.30 and 11 p.m. and went to Mrs. Short's bedroom with a subpoena—I know nothing about the police watching her house.
MRS. SHORT. I saw Mr. Baring last Monday week at Eastbourne Station before he left for London and the north—he has not been known as Mr. Baring for the last sixty years, but as Robinson—he was staying in Eastbourne for a few days, but I do not know his address—he was Staying near Warrior Square in 1901, 1902, and 1903, with the exception of the times that he went up to London—he told me that when the case was over and you had proved that you had not done wrong, all creditors would be paid—he has told me that several times during the last twelve months, and he told it me again on Monday—he also said that, according to rumour, he had many connections with the Baring family, but that was for them to prove—he is no connection of Lord Revelstoke's—Mr. Baring is my trustee and godfather, William James Baring Robinson—
he is not exactly my trustee, but he is my godfather, and I have always had great expectations from him—I met you about twelve years ago—Mr. Baring, when told of my engagement, greatly objected—of course, we were greatly in want of money, and Mr. Leonard kindly helped you—no money was borrowed on Mr. Baring's name but we told him we should repay the money—Mr. Baring had then intended to settle money on me—you went to Armenia and several places, and greatly offended Mr. Baring by your folly in allowing the Times to send you there and not giving you anything on your return, as there was some mistake—for severe years Mr. Baring had nothing to do with me, but Mr. Pollock asked him to kindly overlook your mistakes and to assist me—of course, he explained to Mr. Baring about the Crowhurst Estate—I know nothing about it myself—Mr. Baring said he thought you were proving more of a business man, and promised that in twelve months' time he would give me and my sister a certain amount of money, and would also allow you a private income, and I think he would have done so, but through the creditors he refused to have anything more to do with me until matters were arranged to his satisfaction—sometimes Mr. Baring says he is ninety years old and sometimes ninety-three—he varies in age very much, but he is a very old gentleman—he said he could not understand why people wanted to know how much he was worth, but that his wealth could pay your debts, and that he was worth a good deal more than was represented—he was very ill, and the doctors said they thought he had cancer—it may be cancer, for all I know—he still suffers from some complaint—he could walk the other day when I saw him, but he could not take a four mile walk—Mr. Arthur Pollock is the trustee of the will made in Hastings—I wish to say that you know nothing of Mr. Baring except what I told you—Mr. Baring refused to meet you—he has said many times that he would apologise to you if he has made a mistake and injured you by his opinions or actions—I wish to state who I am—I am supposed to be a criminal at Norwich, and it has done me great harm—I am a Miss Stewart Moncrieff—I married the prisoner on August 31st, 1895—my father was a civil engineer, and for many years was employed by the Russian Government, and my mother was a Miss Olga Soltykoff, of St. Petersburg.
Cross-examined. I was christened at St. Petersburg—I knew Mr. Baring as Mr. Baring—he made his fortune in Australia—he left there sixteen years ago, but he has been back there several times since—I think he was present at my christening—he is my godfather—he was known to the Moncrieffs, my father, mother, sisters, and myself, as Mr. Waring, but to the outside world as Robinson—I think he was called James Baring Robinson, but I am not sure—his name is William James, but he is known as James Robinson—his letters were addressed "Mr. James Robinson"—I have not at present with me any letters from him or a single scrap of paper signed or written by him—he is infirm through illness—he sometimes has carriages and horses, but not always—he was very quiet—he has old family servants who travel about with him—I do not know if they know him as James Robinson—he last went to
Australia five or six years ago, when he was eighty-five—he wishes to go there to die—I cannot call any of his servants to prove his existence—he can prove it himself if he likes—he says he had nothing to do with this business transaction, and in no way did he put his name to it, and he does not wish to come forward—he lived on the left side of Warrior Square, going up—I do not know if it would be the west side coming from the "front"; it is on the left—I must decline to give the number—I might as well demand Mr. Baring's attendance as give his address—he requested me not to do so, and said that the prisoner must fight his own battles—I am aware that the case for the prosecution is that I am giving perjured evidence—if I am under the imputation I must remain so—Mr. Baring does not live at Warrior Square now—I cannot tell you his address as I was requested not to do so—I have myself to consider as well as the prisoner—I have known Mr. Pollock since I was a child—at present he is in Kimberley—he went there four or five months ago—before that he stayed with Mr. Baring—he had no other address when he was in Hastings—he has his London address—I must refuse to give it, because he does not wish me to—he asked me not to do so at the beginning of the case—I do not know why he asked me not to give it—the prisoner never borrowed money under Mr. Baring's name—I am entitled to money under the wills of two Soltykoffs—one is named Michael George Alex Soltykoft, he is my cousin, and the other plain Michael Soltykoff—he died about ten years ago—he made a will, to which my mother was entitled, and the money was left in Mr. Baring's hands for the benefit of myself and my sister—he is the executor—Michael George Alex died about a month ago in St. Petersburg—Mr. Baring told me that Michael died in Victoria, Australia—my husband told Mr. Leonard that we thought he died in Victoria—I do not know that my husband informed Mr. Leonard that Michael had chunks of Sydney and Melbourne, and was the ground landlord of nearly the whole of those places—he did own property there—I do not know that at my husband's request, Mr. Leonard sent out to some solicitors there and got a reply that the whole story was a myth—I have seen Michael's will in Mr. Baring's hands—I do not know where it is now; Mr. Baring knows—I left Russia when I was five or six years old, but I have been there many times since—I do not speak very much Russian—my grandfather always spoke English—when I spoke to the Russians I spoke Russian—I have not got here a scrap of writing to prove that I am in any way connected with the Soltykoff family, but I could get it from Mr. Baring—he has been suffering for many years from cancer, and has had one or two operations—it is supposed to be in his throat—I was with him when he was making his will, and went through many documents with him when he made it many years ago—he altered it in 1900, and in 1901 Mr. Pollock made various suggestions to him, and he again altered it—it has always been in my favour—I first saw it in my favour many years ago—he has got many relations, but has not known them for many years—sixty years ago he returned to this country and said he did not wish to know any of them—he has never been married, and has no brothers, to my knowledge—he has one
sister—I call her Miss Baring; her name is Miss Baring Robinson—she is alive—I do not know her age; she is very old—at present she is in the South of France—when she was home she stayed with a cousin of ours, a Mrs. Marshall, at Eastbourne—I cannot say where Mrs. Marshall lives, because Mr. and Miss Baring do not wish me to do so—Mr. Baring does not claim relationship with the family of bankers; he has only distant relations, I do not know how distant—he is a very funny old man—if I ask him anything he might say, "Oh, nothing," and another time he would tell me something—I did not say that if the Baring bankers wished to claim relationship with him they would have to prove it—he said he did not know them when he left this country, nor did he know them now—I do not know why he is so anxious to conceal the fact that he is a Baring; since I have known him he has been anxious to conceal it—he never used the name of Baring in his business affairs—he never went by the name of James Drummond Baring, to my knowledge—I do not know why people should think that hat is his name—this document (Addressed to Leonard, dated February 8th 1896, stating that the prisoner did not then know where Baring was, but that his name was James Drummond Baring, that would be found in the Northbrook Peerage, and that he was half brother to Northbrook, Revelstoke, and Cromer.) looks like the prisoner's scrawl, but I am not quite sure—I never told him that-Mr. Baring's name was Drummond—Mr. Baring's mother was a Miss Drummond, so I suppose the prisoner made his mistake like that—he asked me if Mr. Baring was half brother to Northbrook, Revelstoke, and Cromer, and I said I did not think so—I suppose Mr. Leonard would find out that he was not—I asked Mr. Baring about ten years ago if he was related to the late Lord Revelstoke, and he only smiled—I borrowed money from Mr. Leonard on my expectations, but the prisoner did not—the letter dated April 8th, 1896, asks for the loan of £9 9s. for rent—Michael Soltykoff was not dead in 1894—he died after we knew Mr. Leonard—before Michael Soltykoff died I was borrowing money then for the prisoner—I suppose that there are many persons I could call to say that they had seen Mr. Baring, but I shall call no one, and there is no person whose address I shall give who can say they have seen him.
Re-examined. With Mr. Baring's permission, I can produce papers to show that there is such a person—Mr. Baring called Michael Soltykoff Samuel as a nickname—Michael died just after our marriage, and Mr. Pollock said he thought that he died in Melbourne or Sydney, but that he would make inquiries and let us know—you never knew until a few days ago that Mr. Baring was known as Robinson—when I wrote to you he did not wish you to know what name his investments were in.
The prisoner, in his defence on oath, said that he always thought Baring's, name was James Drummond, but that he had never told Kelsey so, nor had he said that Baring had withdrawn any money from the banking firm; that the £5,000 from Bainbridge was advanced on the understanding that they should go into partnership to develop the Crowhurst Estate, which was the security for the advance, and not his expectations; that he made the declaration
believing it to be true, and believed it to be true now: that he first saw the declaration on May 13th, when he signed it; that he read it through in the train on his way to London, and noticed that several things in it were not quite correct, but that he carelessly signed it without correcting them, and that he had no fraudulent intent whatsoever.
W. J. PRIOR (Re-examined.) I cannot say offhand if we have had any client named Robinson—I should say we certainly have not had a millionaire client of that name.
GUILTY . It was stated that the prisoner had been forced to resign his commission in 1888 because of some financial charges which were discreditable to him. Five years' penal servitude.
Before Mr. Recorder.
387. ANN GIBSON PLEADED GUILTY to marrying Thomas Gosford, her husband being alive, and THOMAS GOSFORD to aiding and abetting Gibson to commit the said felony. GIBSON— Discharged. GOSFORD— Discharged on recognisances.
Before Mr. Justice Darling.
MR. WILKINSON Prosecuted; MR. CURTIS BENNETT Defended.
SARAH ANN CLEMENTS . I am the wife of William Clements, a labourer of 111, Oakland Hill, Oakland Rise, Walthamstow—I attended at the Coroner's inquest and identified his body—he was fifty years old—in the afternoon of April 4th I left my house with him and Mr. and Mrs. Lambden—we went to one or two public houses, and at each place he had two twopennyworths of whisky—I came home at five o'clock, leaving him with the Lambdens—I saw no more of him until he was brought home unconscious between 7 and 8 p.m.
Cross-examined. He may have had a little more to drink after I left him—we went twice into the Ferry Boat and twice into the Standard, at which place I left him.
RACHEL LAMBDEN . I am the wife of Joseph Lambden, and reside at Walthamstow—on April 4th between 7 and 7.30 p.m., I was with my husband and William Clements in Black Horse Lane, Walthamstow, going in the direction of Higham Hill—I was walking a little in front, when the prisoner, whilst passing me, made an offensive noise in my face, and I said to him, "You will want that presently, old chap"—he then hit me on my nose with his fist and knocked me down—Clements looked to see what the matter was, and I saw the prisoner strike him a heavy blow on the right side of his head, and he fell to the ground, striking his head.
Cross-examined. I saw Clements have three drops of whisky—he was neither drunk nor sober; he was medium—he did not speak to the prisoner nor make any motion towards him before he was knocked down—I gave
the prisoner to understand what I meant by saying, "You will want that presently"—when Clements was knocked down I said to my husband, "Look at what he has done"—I think I said, "He will be all right presently," but I did not say, "He has only had a drop to drink"—the prisoner is quite a stranger to me.
JOSEPH LAMBDEN . I was with my wife and Clements in Black Horse Lane on the evening of April 4th—my wife was twenty yards from us when I saw the prisoner strike her—I turned round and said to him, "What did you do that for?" whereupon he struck Clements with his fist on the left side of his head—I had been with Clements the whole afternoon; he was sober at the time—I helped to take him home; I did not see any sign of blood, but he was unconscious.
Cross-examined. Clements had had something to drink—I know I said before the Magistrate that he was medium—I was going forward to catch the prisoner, but Clements did not have a chance to get anywhere near him—he was going towards him, but he did not have his hands out—I did not have a scuffle with the prisoner—Godbold must have meant by saying at the police court that we had a scuffle, that I was going towards the prisoner to catch him, but we did not come hand to hand.
Re-examined. Clements and I were walking side by side on the right Side of the street, and we stopped when my wife was struck—the prisoner was coming towards us in the opposite direction.
STANLEY OWEN . I am a registered medical practitioner, of Walthamstow—at 7.55 p.m. on April 4th I was called to Clements' house and found him lying in the kitchen on his back—he was quite insensible, and his breathing was stertorous; he was bleeding from the right ear; his eyes were fixed, His pupils were insensible to the touch, and there were some hemorrhages in them—I could not feel that there was any fracture, but I diagnosed from his symptoms that the base of the skull had been fractured; I recommended his removal to the hospital.
HUGH LANGWORTHY LORRIE . I am a registered medical practitioner and house surgeon at the Walthamstow Hospital—on the evening of April 4th Clements was brought to me there—I examined him and found him to be unconscious, with stertorous breathing; he had a contusion under the right eye and another at the back of his head; blood was oozing from his right eye—the contusion under his eye might have been caused by a blow, and the one on the head by a heavy fall—I continued attending him till 12 noon of the next day, when he died; he never recovered consciousness—on the 6th I made a post mortem examination, and found that he had an infusion of blood under the back of the scalp; there was a fracture of the base of the skull, extending from a point corresponding with the injury at the back of the scalp right forward in the base of the skull; it ran through the bony part of the ear and terminated far forward at the base of the skull—the cheek bone was not broken, and there were no other signs of injury—all the other organs were healthy—he died of the fracture at the base of the skull and concussion of the brain, which may have been caused by a blow.
CHARLES GODBOLD . I am a painter, of 9, Newman Road, Walthamstow—on April 4th, about 11.30 p.m., I was in Black Horse Lane—I saw Mr. and Mrs. Lambden, the prisoner, and the deceased at the top of the lane, about a quarter of a mile from the brick fields—I saw the prisoner knocking Mrs. Lambden down—I did not see her doing anything before she was knocked down except walking along the road—I then saw the prisoner knock the deceased down—I do not know where the blow was struck, as I did not see it delivered—I was about twenty yards away—the blow was straight from the shoulder—the deceased fell, with the back of his head on the road—I said to the prisoner, "Good God! Leave off; the man is dead"—the prisoner looked round sharply and went away across the fields—he did not say anything—I did not hear or see the deceased say or do anything before the blow was struck—he did not attempt to strike the prisoner—he was simply walking peaceably along when I see him—I was not near enough to say what his condition was as to sobriety—I think the prisoner had had a glass, but, of course, he knew what he was about—I did not see any blow aimed at the prisoner by anybody.
Cross-examined. I think the deceased had had two or three glasses of whisky—he was a stout man, and would require a tidy blow to knock him down—Lambden was behind the deceased, who was with Mrs. Lambden—I did not hear Mrs. Lambden say anything when she was struck—I did not hear her say, "He has knocked me down," and point out the prisoner—when I got up to them she said, "That is the man who knocked me down," and another man came up and said, "Which one?"—after the prisoner had knocked the deceased down Lambden went for the prisoner and tried to kick him—Mrs. Lambden and her husband went after the prisoner, and I said, "Go and stop one of them"—he was with four or five other men—I heard Mrs. Lambden say, "He will be all right presently; he has only had a drop of drink."
Re-examined. I had not been out with the prisoner previously—Lambden ran after the prisoner as he was going away.
JAMES REDFERN . I live at 264, Black Horse Lane, Walthamstow—I was at Percival's brick fields on April 4th—I am employed there—I came across the prisoner in the brick fields near the lane, running very fast—I do not know the spot where the deceased was knocked down—I stopped the prisoner and asked him what he was running for—he said four men wanted to fight him. so I let him go—six men were following him about fifty yards away—Lambden was among them—the prisoner was running towards Tottenham—he was in a very agitated state, and was very white in the face—he seemed sober, and answered me readily.
PHILIP FIELD (662 N.) On April 5th I was on duty in High Road, Tottenham, about 4.30 p.m.—I saw the prisoner there—I stopped him and said, "Is your name Molloy?"—he said, "Yes; what is it, that man over at Walthamstow? Is he hurt?"—I said, "Yes"—I took him into custody—I had not said anything to him about the deceased before he asked me about him.
Cross-examined. Before the Magistrate I did not say that the prisoner
was going towards Walthamstow—I said he would have to turn to the left to get to Walthamstow.
JOHN MARTIN (Inspector N.) On April 5th I went to the hospital at Walthamstow—in consequence of information I received there I went to the police station at Tottenham, where I saw the prisoner—I told him I was a police inspector, and should charge him with the manslaughter of William Clements by striking him in the face, knocking him on the ground, and causing his head to be fractured, and added, "He died at 12.20 to-day at Walthamstow Hospital"—he replied, "I admit I struck the man; I am sorry. I had a little drink. I also struck the woman because she slipped into me. When I did it I ran across the fields all the way home"—I took him to the station, and he was put up for identification, and Mrs. Lambden identified him as the person who struck her and the deceased—the charge was read over to him, and he replied, "Yes." The prisoner, in his defence on oath, said that on April 4th he was going down Black Horse Lane with a friend named Lawrence; that there were a "decent few" people about; that Mrs. Lambden came towards him by herself; that somebody made a noise with their mouth; that Mrs. Lambden said, "You will want that some day": that he said, "You have made a mistake; it ain't me"; that she called him a b——liar, and. came for him and tried to get hold of his face; that he knocked her with the back of his hand; that she fell down and called for help; that Lambden and the deceased came up: that Lambden got hold of him; that he struggled away, and was going to run away, when the deceased got hold of him; that he hit him, but not hard; and that if the deceased had not been drunk he would not have fallen so easily.
GUILTY . A previous conviction was proved against him, and he was stated to be a violent man. Six months' hard labour.
Before Mr. Common Serjeant.
MR. WILKINSON Prosecuted.
ERNEST GEORGE LONG . I keep the Duke of Sussex public house in Beresford Street, Woolwich—on Saturday evening, March 26th, I served the prisoner with a glass of ale, price 1d.—he tendered a florin, which I blackened with aqua fortis, and he had it back—I told him it was bad—he said he was very sorry, he did not know he had it, and tendered a good half crown; I gave him 2s. 5d. change, and he had his ale and went away—the change I gave him was two separate shillings and 5d. bronze—the same evening at the police station, between 9 and 9.30, I identified him from
eight or nine other men as the man who had been in my house about 6.15—I have not the slightest doubt and am sure he is the man.
AGNES COOMBER . I am barmaid at the Salutation public house, Beresford Street, Woolwich—on March 26th, between 6.20 and 6.25 p.m., I served the prisoner with a glass of ale, price 1d.—he tendered this florin, which he took from among some coppers in his hand—I looked at it, and could see that it was bad—it looked very dull—I took it to the governor, Mr. Rainsford, who was in the bar—it was not then bent.
Cross-examined by prisoner. I am sure you had coppers in your hand.
EDGAR BISHOP RAINSFORD . I am the manager of the Salutation public house, Beresford Street, Woolwich—between 6.20 and 6.25 p.m. on Saturday, March 26th, Coomber made a communication to me and showed me this counterfeit florin—I told the prisoner it was bad. and that I should detain him—he said he did not know it was bad—I said, "You had better pay me for what you have had"—he gave me a good half crown, and I gave him 2s. 5d. change—he drank his ale and wanted to go away—I said, "If you want to go away you had better come to the station with me"—I accompanied him about 150 yards towards the station, when we met a police constable and I gave him in charges—I told the constable in his hearing everything that had happened—as far as I remember, he said, "Search me now"—I bent the coin as it is now, and handed it over to the constable.
Cross-examined. My barmaid said you had a handful of something—I cannot be sure if she said at the police court that you had a handful of silver—I said, "I shall detain you to make a search"—you said, "You can search me now if you like"—I said it was not my place to search you—other people were in the bar—we stood in the bar for about eight minutes—I said, "You will have to stop here or go to the station; I will come with you"—I never left you.
Re-examined. I did not see other money in his hand—the Duke Sussex is 150 to 200 yards from the Salutation.
WILLIAM PETTER (423 R.) On the evening of March 26th I met the prisoner and Rainsford, who handed me this florin and said, "This man came into my house and tried to pass this; I told him it was bad, and sent for the police"—he gave him in charge—the prisoner said, "Yes, that is quite right, I must have got it at the docks; I did not run away, did I?"—that was said to Rainsford—then he said to me, "I offered to wait till you came; you were a long time coming, and I offered to go to the station, and here I am"—I said to him, "You hear what this gentleman has said; I am going to take you to the station"; he said, "Do you want to search me?"—I replied, "I shall take you to the station and search you there"—he said, "All right: don't handle me, I will go quietly"—on arriving at the station I searched him, and found 2s. in silver and 5d. bronze, good money—he was charged with knowingly uttering a counterfeit 2s. piece—he made no reply, and when the charge was read over he said, "Yes"—after he was searched he said, "Me and some more were having a game of spinning them up over at the docks"—that is pitch and toss—"I must have won it there, I do not know; I do not know a bad coin when I see one;
how should I?"—Long identified him the same evening about seven, when the prisoner said, "Me? I do not know what you mean."
The prisoner, in his defence, said that he was never in the Duke of Sussex, and that he could not explain how he came in possession of the florin tendered at the Salutation unless he won if in gambling at the docks.
GUILTY . Five previous convictions were proved against him. Eighteen months' hard labour.
Before J. A. Rentoul, Esq., K.C.
391. ALFRED ATKINS (26), JOHN SEXTON (28), CHARLES JONES (39) and JAMES HENRY DAVIES (28) , Stealing six ancient cannon, the property of His Majesty the King. Second count, feloniously receiving the same, well knowing them to be stolen. ATKINS, SEXTONand JONES PLEADED GUILTY .
GORDON ROSE (Detective R) Produced and proved plans of the Rotunda at Woolwich and Woolwich Common, and of the Rotunda and vicinity, and stated that the wall between Hill Street and the grounds is about 8 feet high.
THOMAS KEYHOE . I am the keeper of the Rotunda at Woolwich, and live at 131, Park Lane Road, Plumstead—this is a printed description of the six guns taken from the Rotunda (Produced)—there are 308 guns altogether in the grounds, nearly all of them being unique—I missed two of them on December 17th, 1903, between 10 and 11 a.m.—I can say that the other four guns were in the grounds up to 4 p.m. on that day—they were each about 2 cwt. in weight, and four of them had got dates upon them one being a brass gun from Borneo, of ornmental make.
JOHN FRANCIS CADELL . I am a major of the Royal Artillery and Secretary of the Institution at Woolwich—the guns stolen were the property of the Crown, and the value of them is about 1s. per pound, which comes to £50 or £58 in all approximately.
ARTHUR HILL . I live at 2, Ade Terrace, Snead Street, New Cross, and am a clerk in the employ of the London & India Docks Company—on August 20th., 1903, Davies entered into an agreement with us to take the Paragon Iron and Brass Works, Manor Way, North Woolwich, which were then known as Cumming's Laundry—he took possession in September—on March 24th he left the premises, and on the 26th we received a letter from him, enclosing is the key of the premises and saying that he regretted he was unable to forward the rent due, as he had lost a considerable amount of money while a occupation there, but that he would forward it as soon as he had done few weeks' work—he did not pay the rent due.
WALTER SMITH . I live at 10, Hilton Street, Plumstead—in December was in Davies' employ at the Paragon Iron and Brass Works—I remember Hexton coming there on December 9th, when Davies was out—I had a short conversation with him, and he left—I told Davies when he came in about it,
and he asked whether Sexton had seen Mrs. Davies—I cannot say whether he saw Sexton that day or not—on December 11th, when I got to the works, about 8 a.m., I saw a cannon placed on end in the brass furnace in the melting shop, surrounded by coke for heating it—it was the breakfast half hour when I arrived, and after breakfast Davies came in and, with Edward Saggerston, a moulder, took it from the furnace and beat it with a sledge hammer into small pieces, which were afterwards put into a smelting pot and melted down—another cannon was served in the same way—the molten lead was then poured into moulds the shape of a bottle—Davies was about more or less the whole day—on December 12th I got to work at 7 a.m., and saw Davies there—the ingots of metal were taken from the shop, Davies brushed the saidoff them, and they were weighed and sent away in a van—I saw that a man named George, a carman at the California public house, was driving the van—about 11 a.m. that day Sexton came and was with Davis for some time—I am not certain whether I saw Jones on the 11th or 12th—on December 18th I got to work about 7 a.m., and in the yard I saw a van which was almost immediately driven away—Davies was in the yard at the time—about 5 p.m. Jones and Sexton came into the foundry and took off their coats, as if they were going to work—shortly afterwards, while passing the smith's shop I saw Sexton looking down into the smelting furnace—I went in, and Davies told me that I could go home, as there would be no more business that day, as one of the furnaces had failed—I did on occasions assist at casting myself—I went out into the road, and wanting to see what they were doing, I went to an empty house at the back of the shop and looked through the window, when I saw Jones, Sexton and Davies take a cannon from under a heap of ashes or something, in the yard and drop it into the cupola—I then went home—the next day I arrived at work at the usual time, when I saw a van in the yard and ingots of metal being put into it—Davies and Jones were there, and I believe Sexton was there too—the van was then driven away, I believe, by Sexton, but I cannot be sure—after the van drove away I went straight into the shop, where I saw a piece of metal, which looked to me like a part of a cannon, on the floor—Davies told me that the bands which draw the blower for forcing the fire into the cupola had gone wrong in the night, and sent me to North Woolwich for some more laces to repair the bands with—when I returned the piece of metal I had seen had gone—I saw Sexton again that day about 11 a.m.—on December 21st, when going to work, I bought a Morning Leader, and saw a report of the guns being missed, which on reaching the works I at once showed to Davies, saying, "It looks all right"—he said, "What is it?" and read the report—it is a common thing for working men to say, "It looks all right" when they mean it looks all wrong—he asked me to say nothing about it, and that I knew nothing about it—I told him that the police would come, and that I should go home; he told me he knew nothing about it, and that they could not touch him—I told him that if he could not carry on business in a fair and square manner he should give it up and go back to work—he had been employed as foreman and manager at Messrs. Kirk and Randall's, contractors at Woolwich, and had only recently gone into
business for himself—he said that he would never have anything more—the premises were closed soon after that.
Cross-examined by Davies. I was employed by you as a plater, not a moulder—I have never assisted at casting brass—the time for stopping work was 5.30 p.m., but sometimes I have been there till 9 p.m.—you have said to me sometimes, "Walter, you can go now," and I used to leave you at work—the ingots were the shape of a pint whisky bottle with the bottom knocked out—they were about 14 in. long—shortly after Christmas you told me that you were going to close, that you had another position, and would probably be able to give me employment, but you never did so.
By the JURY. Sexton and Jones were not in Davies' regular employ—the first time I saw Sexton was on December 9th, when he came and asked for Davies—I have never seen them at work there except on the one occasion I alluded to.
GEORGE EDWARDS . I live at 3, Cameron Street, New Beckton, and was employed in December at the California public house—one day in December I took my employer's van to the yard at the Paragon Iron Works and loaded up with some bottle shaped ingots of metal—Davies gave me an envelope with something in it to give to Mr. Castle—I drove to Mr. Castle's place in Commercial Road, where his people unloaded the van—I gave the envelope to him, and he gave me an envelope, which on my return I gave to Davies—he took it into the office, and on coming back again he gave it to me again, telling me to go to my employer and ask him to cash the cheque inside—I did so, and my employer gave me £6 odd, which I handed to Davies.
Cross-examined. I have done exactly the same thing for you before, and there was nothing at all to arouse my suspicions.
ARTHUR HENRY CASTLE . I am manager to my father, who is a wholesale rag and metal merchant, of 679, Commercial Road—I remember on December 12th Edwards coming to us with a vanload of rough cast gun and other metal, which we weighed—the rough cast gun metal came to 2 cwt. 2 qrs. 22 lbs., the rest of it being zinc plates—the metal was run into the shape of a rough bottle—Edwards handed me a note which lad the printed heading, "Paragon Iron and Brass Works," and said, Receive metal and pay bearer," or words to that effect—I have not been able to find the note—I made out a cheque for £6 11s. 6d., payable to "J. Davies," and gave it to him—it bears the endorsement "J. Davies" Produced)—I know Sexton by the name of Stevens—he came to me on December 19th with some square ingots of metal weighing 4 1/2 cwt., for which I paid him a cheque of nine guineas.
Cross-examined. I do not remember Edwards coming to me previously with metal—I do not remember any particular transaction with you—have an entry here in your name on November 3rd—(Mr. Gill initiated that if questions were asked as to other transactions, the prisoner ran he risk of certain other issues being raised with regard to them)—a fair rice to pay for old brass is 37s. per cwt.
Re-examined. I did not then know the exact constituents of the metal, but now find it to be the standard mixture for gun metal, which is 90 per cent of copper and 10 per cent tin, and would be worth about 64s. 6d. a cwt.
JOHN ELLIOT (40 K.) On December 23rd I called on Davies and handed him a copy of this printed notice (Produced), and told him that I was making inquiries in respect of some cannon stolen from outside the Rotunda, and asked him, if he should get any information as to them, to let the police know at once, and he said he would.
Cross-examined. I am sure you are the man I served the notice upon—I have served notices upon you on other occasions, but I recollect this case distinctly.
ARTHUR HAILSTONE (Inspector R.) On April 2nd Atkins and Sexton were arrested—on April 6th I went with Inspector Nicholls at 9 p.m. to 13, Cambridge Road and arrested Davies—I said to him, "We are police officers, and are going to take you into custody for feloniously receiving six ancient cannon, stolen from the Rotunda Grounds, Woolwich, on or about December 17th last"—he said, "I know nothing about them"—I said, "I had better tell you that Sexton, Atkins, and Jones are in custody for stealing the cannon, and will be brought up at the Woolwich Police Court on Saturday"—at Sexton's house I found a postcard dated January 29th—(Read:) "Shall be at home in evening after six.—Yours, J. D."—I showed it to Davies, and he said, "Yes, that is my card"—I then said, "Sexton has made a statement which I will read to you"—after I had done so he said, "I only know two of them," referring to the other prisoners; "I have had genuine dealings in metal with Sexton. He told me the guns were all right, and signed a paper saying that he bought them at a sale"—I said. "Have you the paper?" and he said, "No; one of my workmen tore it up"—I then said, "Have you anything in writing from Sexton or the other men respecting the guns?" and he said. "So"—he then said, "Sexton showed me a newspaper report of the case, and I wired him to clear the guns"—I said, "Some of them had been melted down by that time," and he said, "They were not all run down; my man took some pieces and got rid of them"—I said that it was not then too late for him to have given information to the police—he was taken to Blackheath Road Police Station, and the next morning was charged.
Sexton's statement read: "I am a prisoner charged concerned, with Alfred Atkins and others in stealing six ancient cannon from the Rotunda Grounds, Woolwich Common, and I desire to make a statement respecting the case. On December 10th, 1903. Alfred Atkins and another man named Ben Jones and I were all out of work. Jones and I had been in search of work that morning, and took shelter in the Rotunda from rain. When we came out we walked round the Rotunda Grounds and looked at the cannon that were lying about. We noticed that some of them were small, and I lifted one up to try the weight. Jones said. There's a Christmas dinner for someone if they had heart enough to come after them.' Jones and I met Atkins the same day, talked about the cannon,
and we all agreed to go that night and get a couple of them. Some weeks previous to this I met a man named James Davies, formerly a foreman in the metal department of Messrs. Kirk and Randall, builders and contractors, Warren Lane Works, Woolwich, where I also had worked. He told me that he had taken the Paragon Iron and Brass Foundry. Manor Way, North Woolwich, and asked me if I knew anyone who could get any kind of metal, as he could do with it. and that he had bought several tons of zinc and tin of the dockers. In consequence of this, Jones and I went about 5 p.m., December 10th, to the Paragon Works. Jones remained outside, and I went in and saw Davies. I said to him in course of conversation, 'I know where there are some small cannon,' and he at once replied, 'Fetch any d——mortal thing over. I can do with it as much as you like. How many are there in the job?' I said, 'Three,' and he saw Jones standing outside, and asked me if he was one of them. I replied, 'Yes.' He said, 'Do you think he will keep his mouth shut?" I said, 'Yes.' He then said, 'Fetch them over in the morning, as near seven o'clock as you can, and I will be ready to open the gates for you to drive in.' I asked him for a drink, and he gave me sixpence, and Jones and I went away. At 7.30 p.m. the same evening (December 10th), Jones, Atkins, and I met at the Burrage Arms public house, Plumstead Road, by appointment, and went to the Rotunda Grounds. We took two small cannon and carried them to the boundary wall in Hill Street, and placed them against a tree near the gateway and came away. Atkins left us to go home, and Jones and I went to George Minor, greengrocer, Station Road, Plumstead, and hired his pony and van for six o'clock next morning. I told him we wanted it for a moving job, and as he knew me, it was arranged that I should harness the pony and drive myself. At 6 a.m. (December 11th) Jones and I met at Minor's stable, harnessed the pony, and drove to Plumstead Station (railway), where we met Atkins by appointment, and all drove together to Hill Street, arriving there about 6.30 a.m. Jones got over the wall and forced open the gate with his screwdriver. I went in, and he and I carried the two cannon out and placed them in the van. We threw a sack over them. Atkins remained outside and kept watch. We then all drove away together, and crossed the Thames by the 7.20 a.m. ferry. I went on top with the van, Atkins and Jones went below with other passengers. On arriving at North Hill, I drove on to the Paragon Works, and Jones and Atkins followed on on foot as arranged. On arrival at the Paragon Works, Davies was waiting for me, and opened the large wooden gates and I drove, in. Jones and Atkins remained outside. Davies and I weighed the two cannon, which weighed together 2 3/4 cwt. He agreed to pay me 30s. per cwt., but said he was short of money, and only gave me 30s., and promised to pay me 35s. the next day, Saturday. About noon that day Jones and I went to the Paragon Works. Jones stopped outside and I went in and saw Davies. He told me that he had run the cannon down into bottle shape ingots, and had sent them away with a van to Arthur Castle, metal dealer, Commercial Road East with some other old stuff, and that I should have to wait till his man came back with the money. Whilst
waiting Davies took me into his blacksmith's shop and foundry, and he showed me a cupola in which he said he had melted the cannon. He said that he first laid them on the fire in the blacksmith's shop, heated them, and broke them up; but if I could get another half dozen he would put them in his large 'cubils,' and they would be run down in a half hour. The carman returned with a cheque from Arthur Castle, which Davies sent his man to cash at the California Arms public house, Manor Way. He returned with the money and I went into the office with Davies, and he paid me 35s., making in all £3 5s. for the two cannon, Jones and I then went away and met Atkins in Beresford Street, Woolwich, by appointment, and we shared the money. On Wednesday, December 16th, Jones and I went to the Paragon Works about 3 p.m. We both went in and saw Davies. I asked him if he could do with some more cannon and he said, 'Fetch six if you can, and be here at the same time (meaning 7 a.m.) with them, and I'll be ready for you.' I asked him for some money, and he gave me 5s. I gave Jones half of it. Jones and I had seen Atkins at 11 a.m. that evening at Beresford Square, Woolwich, and arranged to meet at 7 p.m. at the Burrage Arms, which appointment we kept. We all three went to the Rotunda Grounds. Atkins remained at the gate and kept watch; Jones and I got over and picked out four of the smallest cannon we could find and laid them on the wall dividing the grounds from the road leading into the Rotunda, and left them ready for removal next morning. This was about 8.45 p.m. We then went away, and Jones and I saw George Minor the same night and again hired the van. I told Minor that we had got a piano to shift, and he said I could have it, but would have to see to it myself. The next morning, December 17th, Jones and I met at Minor's stable, took a pony this time, a trap, not van, and Atkins met us at the stable yard. We all three drove to the Rotunda Approach. Atkins held the horse to prevent it making a noise, and Jones and I got over the gate and rolled the four cannon off the wall, down the bank, broke the wire fence, and placed them on the trap. One long one protruded over the front, and we covered it with a sack. I then got up and drove the pony, and Jones and Atkins followed on foot, and I believe we caught the 7.20 ferry. I went on top with the pony and trap, and on arrival at North side I drove straight to Davies's Paragon Works. I got down, knocked at the side gate, and he opened it. He then opened the big gates, and I led the pony in, and we unloaded the four cannon placed them in the yard, and we covered them over with ashes. He said he would get the big cubils ready and wire me to come over and lend him a hand to run them down. I then joined Jones and Atkins, who had waited outside and we returned across the ferry to Woolwich. It was arranged that I should go to my home, 107, Station Road. Plumstead, and await wire from Davies, and that on its receipt I was to join them at Jones' house. Earl Street, Plumstead. I received a telegram about 10.45 a.m. (December 17th) from Davies as follows:' Refuse to remain on premises any longer: clear at once.' Jones and I went at once to the Paragon Works and asked Davies the meaning of the telegram. He said,' The man that was
going to have them of me refused to take them, and if you' (Jones was present) 'will come and lend me a hand I will run them down this evening.' It was arranged that we should be there at 7 p.m. same day. We got there at 8 o'clock, and Davies's two workmen ran some cast iron out of the cubils, and Jones and I placed three of the guns, with Davies's assistance, into it. Davies then started a gas engine which drove a fan to get the necessary blast, and about fifteen minutes later we put in the fourth cannon. Some of the molten metal was drawn into a ladle, and we (Jones and I) came away. At 7 a.m. (December 17th) Jones and I went to the Paragon Iron Works, saw Davis, and found that he had a cart waiting, with ingots of metal in. He said it was the metal that came from the guns, and it weighed 4 1/2 cwt., and that he thought there would be about 3 cwt. To come later. I said, 'How is that?' He said, 'The fan broke down, and it did not all melt.' He then asked me to take the ingots to Castle's, Commercial Road, which I did, and sold in the name of Stevens, and received a cheque for £9 9s., I had had previous dealings with Castle's, who believed me to be a genuine metal dealer, and they did not suspect anything wrong. I cashed the cheque at their bank in Commercial Road: Jones was with me. and we returned with the money to Davies. I handed him the £9 9s., and he gave me £5 5s., which was at the rate of 30s. per cwt., the price he had agreed to pay us. Jones and I left, and we met Atkins at the Railway Hotel, North Woolwich. I gave him 17s., Jones £2 2s., and had £2 2s. myself after paying for the pony and trap. I never took anything else to the Paragon Works, but called there shortly after Christmas and asked him about the other metal, which he said was to come, and he told me he had buried it, but that I do not believe. On January 29th or 30th, 1904, I received the postcard bearing postmark January 29th produced, but I did not reply to it, neither did I go to see him, as I was in work until March 17th, when I called and saw him at his house, and he gave me half a sovereign. He did not ask me to bring him more metal, and I did not suggest that I would, but in the course of conversation he said that he had seen a notice about the guns on the police station notice board and in the papers and said that he hoped that my mates and I would keep our mouths shut. I have not seen or heard from Davies since. I make this statement, which is perfectly true, of my own free will and accord, and without fear or any promise of favour. When I took the first two cannon to Davies he asked me where they came from, and I told him they were Government guns. When I took the four he asked me where the guns were coming from, and I said from the Rotunda, Woolwich Common. Signed, John Sexton. Witnesses, Arthur Hailstone and Alfred Crutchett."
Davies, in a written defence on oath, said that Sexton, whom he had known as a fellow employee at Messrs. Kirk and Randall's, came to him on December 9th, saying that he had bought two brass cannon at a sale as the Arsenal and offered them to him (Davies); that he had agreed to take them: that the next day Sexton brought them, and they were made up into ingots and sent off to Castle's; that he paid Sexton £5 5s. for them: that on December 17th Sexton asked him to take four more cannon that he had bought at the
same sale; that they were delivered at his place next day; that on seeing the ornamental cannon he suspected they were stolen, and asked Sexton whether they were his own property, as he did not want to take them in unless they were: that Sexton repeated that they were bought at the Arsenal sale; that he said he did not believe it and told him to take them away again but giving to the horse and trap only being hired, they were left in the yard and Sexton covered them was with ashes but not by his instructions: that when Sexton left he (Davies) wired to him. "Please clear at once; refuse to let remain on premises any longer": that was before he had seen the report that the guns had been stolen: that Sexton came that same day and reassured him. and agreed to come next day and help cast them which he did at 5.30 p.m, bringing Jones. whom he had never seen before: that the belt of the fan had broken, and part of the metal was left unmelted: that next day Sexton and Jones came and took what was ready to Castle's: that Sexton brought back a cheque for £9 8s., of which he (Davies) gave Sexton £7 7s. 6d., who then showed him an account of the guns being stolen: that he then said, "You do no! mean to say that these are the cannon which we have just melted down" and that Sexton said. "Yes, you have not got to bother yourself about that You bought them from me legitimately: you have nothing to worry about"; that on Sexton's leaving he had thrown the metal that had not been melted down away. and he had told Sexton on his return that he had done so, and asked him to keep his name out of it: (hat he had not told the police officer when arrested that he had a diary but had received it in prison on Monday: that it did not contain entries as to the purchase of fourteen cannon as it was such a big job. but that it contained an entry of the £2 0s. 6d. he had received: that no police offer came to him on December 23rd, asking him about the cannon: that no notice was served upon him; and that he was so confused when he was arrested that he did not know what he said.
GUILTY SEXTON then PLEADED GUILTY to a conviction of felony at the Woolwich Police Court on November 24th. 1894. One other conviction was proved against him. Twelve months' hard labour.
ATKINS— Four months' hard labour. One previous conviction was proved against JONES— Nine months' hard labour.
DAVIES PLEADED GUILTY to a conviction at the Woolwich Police Court on May 5th, 1903. of stealing metal from his employers.— Five years' penal servitude. (The police staled that there was nothing irregular in Messrs. Castle's transactions.)
Before Mr. Recorder.
392. OLIVER DUGGAN (23) and MATHEW FARNBOROUGH (20) PLEADED GUILTY to breaking and entering the dwelling house of Rene Bull and stealing a mirror and other articles; Duggan having been convicted of felony at West Ham Police Court, on March 30th, 1900. One other conviction was proved against him. The prisoners were stated to be associates of notorious thieves, and to live on the proceeds of prostitution. Three years penal servitude each.—
to breaking and entering a warehouse of the Postmaster General and stealing therein a bicycle, the property of Albert William Field; having been convicted of felony at this Court on February 25th, 1901. [Pleaded guilty. See original trial image.] Four other convictions were proved against him. Eighteen months' hard labour.
Before Mr. Common Serjeant.
MR. HUTTON and MR. CURTIS BENNETT Prosecuted.
NOT GUILTY . (Sec page 496.)
Before Mr. Justice Darling.
MR. MUIR and MR. ARTHUR GILL Prosecuted, and MR. JENKINS Defended.
ELIZABETH BEECH . I live at 11. Disraeli Road, Putney, with my father, who is a veterinary surgeon and job master—the prisoner was in my father's employ from October, 1903, to March 11th this year—she occupied a bedroom on the top floor by herself—about 2 p.m. on March 11th she complained to me that she had pains in her head and inside, and I told her she had better go and lie down for a while, which she did—between 3.30 and 4 p.m. I went up to her room and found her undressed in bed—she did not seem any better, so I gave her some brandy and water, and came down stairs again—at 4.30 p.m. I went up again and she told me that she felt better—I saw signs of blood about the room—I did not see or hear anything of a child—about seven o'clock my father came home, and Dr. Keenan, who was sent for, arrived about 8.30—outside the door of the prisoner's room there is a box with some rugs in it, which was often in use, and kept unlocked—it was not hers.
Cross-examined. I from time to time had conversations with the prisoner, but she never told me about her private affairs, or that she was walking out with anyone—she went out very seldom: she did not seem to care about it—there were a few letters that came for her—giving her the brandy and water was my own idea—I did not notice her condition very particularly—she came to me with a very good character—she was neither bad tempered nor vicious—anybody could have gone to the box outside her bedroom—I did not see any tape in the room.
JOHN KEENAN . I am a registered medical practitioner, practising at Putney—about 9 p.m. on March 11th I was called to 11. Disraeli Road, Putney—I found the prisoner in a bedroom on the top floor—she consented to my examining her, and I found a piece of umbilical cord, which seemed to have been torn, hanging from the virgins—she did not seem to be in any pain or to be suffering any ill effects from her confinement—I had a conversation with her—(MR. JENKINS objected to this conversation being given, and MR. JUSTICE DARLING excluded it, as the doctor's questions
to the prisoner would amount to an inducement to her to say what she would not have said under other circumstances)—I saw a box outside her door—I opened it, and found it contained a child, which I examined—I found it to bo dead—it had a tape twisted round its neck—it was not covered up in any way—the box also contained a few rugs.
Cross-examined. I did not make a very careful examination of the child; I simply ascertained the fact that it was dead—I did not notice any marks of violence upon it—the prisoner seemed to me to be in a state of great fear—I did not take her temperature; there was no need—I have no means of knowing whether the child had a separate existence.
RICHARD TURPIN (420 V.) I am the Coroner's Officer for Wandsworth—at 9.45 a.m. on March 12th I went to 11, Disraeli Road, And found in an unlocked box on the ton landing the body of a newly born male child, which was uncovered, And had a piece of tape round its neck—I took the body to the mortuary, and Dr. Freyberger made a post mortem examination.
Cross-examined. Except for the tape, I did not notice Any marks of violence on the child.
LUDWIG FREYBERGER , M.R.C.P. I am a pathologist, And on March 14th, at the Wands worth Mortuary, I made a post mortem examination of a newly born male child, which had been dead about three days—it was fully developed, And about 19 1/2 in. in length—the umbilical cord had been torn Across About 1 1/2 in. from its insertion into the abdomen—I found two independent pieces of tape tied round the neck, about an inch to three quarters of an inch from one Another; they ran Across the middle of the thyroid cartilage; one was tied round twice, And they were fastened by two knots, one Above the other; the lower tape was tied round once; both tapes were wound round very tightly, And were buried practically in the skin; I cut them off, And the skin under the tape was compressed and pale, And where the edges of the tape ran, there were several minute hemorrhages under the skin, and the skin between the two tapes was swollen Ana contained more serum; the skin above the upper tape was livid, and below the lower tape it was pale; the eyelids and eyeballs were bloodshot, and the lips were livid; the tongue was turned up against the palate, and had several hemorrhages at its root; there were hemorrhages both in the structure surrounding the larynx And inside the larynx—there were further hemorrhages in front of the larynx, under the skin of the scalp, And in the substance of the gullet—they ceased At the level of the lower ligature—the cause of death was strangulation, which is evidenced by the colour of the eyelids And lips, the position and the hemorrhages of the tongue, and by the ligatures being so tight that you could not pass your finger round them—I applied the hydrostatic test to the lungs, cutting them up in small pieces, placing them in water, and I found them all perfectly inflated—I examined the bronchial tube, And found no foreign substance in it—I am of opinion that the child had a separate existence, my reasons for so saying, being that the birth of the child appeared to have been rapid, and that the
lungs were perfectly inflated, which could not have taken place if the child had not had a separate existence: it must have breathed deeply and fully.
Cross-examined. A child does not breathe so fully when only half born as it does when the birth is complete; the amount of air in the lungs varies—I know that it was a rapid birth from the umbilical cord being torn, that being caused, in my opinion, by the child being shot out—the hydrostatic test is, in my opinion, absolutely conclusive in circumstances of this kind; each lobe is separately tested to see if it floats; then each is cut into pieces, and these pieces are tested, and so you get a complete test of the lungs: you might get a quantity of air in the lungs even if the child had not had a separate existence, but had had a long birth, but then mucus and blood would be found in the larynx and mouth; and there was none to be found in this case—in an abnormally long birth the child would be asphyxiated, and it has to be brought to by artificial means; if there had been no respiration the lungs would sink; in this particular case the inflation of the lungs, to my mind, proved conclusively that the child had had a separate existence, and breathed fully and deeply.
Re-examined, A child which is still partly in the body of the mother cannot fully inflate its lungs.
JAMES SCOTT (Inspector V.) At 9:30 on March 20th I saw the prisoner in the Wandsworth Infirmary—I told her that I was a police officer, and should arrest her for the wilful murder of her male child at 11, Disraeli Road, Putney, on March 11th, to which she replied, "Yes"—she was then taken to the station, where the charge was read over to her, to which she made no reply.
GUILTY of manslaughter. Strongly recommended to mercy by the Jury. Six months' hard labour. (The prisoner stated that, on leaving prison, she was willing to go into a home.)
MR. PETER GRAIN, for the prosecution, offered no evidence, the Grand Jury having thrown out the Bill.
NOT GUILTY .
MR. BIRON Prosecuted.
HENRY LAWRENCE HALLAM . I am 14 1/2 years old. and am the prisoner's son—in February I was living with my father and sister at 30, Camberwell Grove—my sister's name is Edith Maud and she is eleven years old—a man named Blakesley also lived in the house—my mother was not then
sleeping at the house—she came in from time to time—on Sunday, March 20th, my father took my sister and myself to a flat, which I think is at 9, Maple Street, on the Albany Estate—Blakesley went with us—it was about 10.30 p.m.—my father let us in with a key—he said we were going there to see some furniture—when we got to the flat there was a bedstead and some bedding, but no other furniture—my father showed us round the rooms and told us we could lay down on the bed—we did not undress—we had our own beds at home—he told us to lie down without undressing, because he was going to wait for the man he was going to buy the furniture off—he said he was going to take us back to Camberwell Grove—I and my sister lay on the bed—Mr. Blakesley sat on the edge of the bed—my father was in the room—he, my sister, and myself drank some water, it tasted pure, and father and Blakesley had some beer; then they went into another room, and I heard them talking there—I went into the room—they were looking over some papers—I went back and lay down on the bed where my sister was lying—I went to sleep—that was three or four hours after we got to the flat—there were, I think, two gas burners in the room, and one was alight when I went to sleep—when I woke up I felt very dazed—my head slightly ached, and I felt deaf—my sister woke up about the same time—her condition seemed much the same as mine—my father was lying on the floor—I helped him on to the bed—he seemed very dazed—I had never seen him like that before—I asked him if he would have his crutch and stick to help him up—he is a little lame in one leg—he said he would have them—he did not explain how he had come to be on the floor and in this state—he did not say anything about it—I helped him on to the bed, and he lay down with my sister—I next remember waking up—it was daylight then—I felt the same as I had in the night—there was some water on my pillow, where I think I had been sick—I saw my sister being tick after she woke up—my father seemed worse than we were—I asked him if we could go home—he said, "We are home"—I told him we were not home—he said, "Where are we, then?"—I told him, and he said, "If we don't hurry up home we shall not be in time to see mother; where is she?"—I told him where she was—she generally came to see us in the morning—after we woke up the gas man called about a leak in the gas—my father said ho had not heard of a leak—the lady next door came in and said the leakage was in her house, and that the gas man had come to the wrong flat—I went home with my sister and father by tram—I felt very giddy—I had to help my father along—we arrived home about 9 or 10 a.m.—I saw Blakesley there—I thought it was then Monday morning, but it turned out to be Tuesday—we had some breakfast when we got home, but we did not eat much—I felt deaf for the rest of the day—it was two or three days before I felt quite well again—I could not hear, and my chest felt very bad, with a stifling feeling—I did not feel hungry—I do not know what time it was that I found out that it was Tuesday and not Monday—it was the same day that we got home—I have no recollection of Monday.
the prisoner at 30, The Grove, Camberwell.—I am a tobacconist's counterman, now out of employment—I remember going with the prisoner and the two children to the new flat on March 20th—we got there about 11 p.m.—the prisoner said he wished to remain there himself, and that he wanted to take the children away, so that they should not be where their mother could see them—the Hat was not furnished, except for a bed in one room—we all went into that room—the children were on the bed—we had a little beer to drink, and then the prisoner and I went into another room—that was early on the Monday morning—I left the flat about 2.30 a.m.—the children were then sitting up on the bed—from eleven to two we were sitting talking—the prisoner went to sleep for five or ten minutes now and again—I wont there with him because he asked me to—I was sober—about fifteen minutes before I left he asked me to sign this paper, which was a I ready written out—(Read:) "March 19th. 1904. The last and only will and testament of George Charles Hallam. I will and bequeath whatever I possess solely to my son, George Edwin Hallam. Signed, in the presence of each other, George Charles Hallam. Witnesses: A. Blakesley, Charles Jones"—I do not know who Charles Jones is; he was not there—his name was not there when I wrote mine—he gave me no reason why he should make a will—he gave me this revolver (Produced), and said, "You did not know I had got this"—I said. "No: where did you get it from?"—he said, "I have had it some time; will you take this?"—he said I was to give it to his son George who is a soldier, but he did not say why I was to do so—he also gave mo a box of cartridges and a letter, which I was to give to George—he wrote a telegram and said, "Here is a telegram: will you send it off about mid-day?"—that would be on the Monday—it was to his son—I read it at the post office—it said, "Come directly, serious"—I sent it off at 12.20—before I left the flat I said I would not wait any longer—the prisoner would not come home—I wanted to take the children with me—he said. "They can go if they like"—they did not come, because the boy would not go without his sister, and she would not go without the prisoner and he said he would not come—I went to the flat next day and knocked at the door—there was no answer and I could not get in—I then wont to Sutton & Baddersley, to whom the Hat belongs—I remember the prisoner's son, to whom I had sent the telegram, coming to the Grove on Monday evening—I gave him the revolver and cartridges directly I saw him—I did not give him the letter until the next morning, as I forgot it—I remember the prisoner coming back with his children on the Tuesday—they all appeared to be very ill—about a fortnight before this I bought some chloroform for the prisoner; he said he wanted it for neuralgia, and that his head was bad—I found this bottle (Produced), with the scent label on it as it is now, on the mantelshelf in the back room at the Hat—it is not the bottle that I bought the chloroform in—I did not say anything to the prisoner about the chloroform, but I saw him put those labels on the scent bottle one evening at 30 Camberwell Grove—(The label had "Parma Violets" on it.)—I did not then know that there was chloroform in it—I did not know there was chloroform in it till I found it at the flat a few days after March 20th,
when I went to the flat, at the prisoner's suggestion, to allow the men to take the bed away—I took the bottle home and gave it to the prisoner's wife—it was afterwards given to the police.
Cross-examined by the prisoner. You told me that you wanted to take the children away, so that their mother should not see them—that was as we walked along and before we got to the tram—I do not know what time we left the Grove, or how long it would take to go from the Grove to Albany Road—it was not at 9.30 that we left the Grove—you went out earlier in the evening—I did not notice what time you returned, but when you came in you put on your hat and said we would go out—I lost you on the way, but caught you up—we stopped at a public house, and you saw one or two people there—we then took a tram to Albany Road—you said you were going to the flat—we took some beer in with us—we did not go into the room where I afterwards found the chloroform—I do not know if there is any gas in that room—when you sent me to buy the chloroform we were living at Curfield Crescent.
By the JURY. I did not think there was anything wrong—I have known the prisoner since July 9th, but I knew him as a customer at the shop where I worked for about two years before that—when he said he wanted the chloroform for pains in his head I thought it was true.
GEORGE EDWIN HALLAM . I am a private in the 2nd Dorsetshire Regiment—I am nineteen years old, and the eldest son of the prisoner—on Monday, March 21st, I received a telegram saying, "Come directly serious"—I came up to town about 3.30, and saw Blakesley, who gave me a revolver and cartridges—the next morning he gave me this letter addressed to me—(Read:) "Dear George,—Goodbye; I cannot bear this longer; if you cannot live, I leave you all, and a revolver with cartridges. Don't kill Cochrane, but break his arm or kneecap. Your mother is a wicked woman. Good-bye, my boy—Your father, George"—I know a man named Cochrane—at one time he lived in the same house as my father and mother—lately my father and mother have not been on good terms—she is a hard working woman—at this time she was going out nursing—on the Tuesday my father came home to Camberwell Grove with the children about it) a.m.—I was not at home then, but I saw them soon after I came in—they all seemed half dazed—I asked the prisoner what he had been up to—he said, "I do not know; I must have been out of my mind"—I did not ask him why he had telegraphed to me—the children seemed very tired, and could not eat anything—about the 23rd or 24th I asked the prisoner what the telegram and letter meant, but I forget what he said—he did not give me any explanation—I stayed in town till some time in April, having got an extension of leave—I cannot say whose fault it was that my father and mother did not get on well, because I have been away—I know nothing against Cochrane.
HARRY BISHOP (Cross-examined by the prisoner.) I examined the gas fittings at this flat on November 16th, 1903, and also on March 30th, 1904—I am absolutely certain that there was no leakage—if money was placed in the slot meter and the gas not turned on there ought to be a perceptible quantity of gas in the meter after two or three days—
there was no gas there when I examined it in March, but that does not prove that there was a leak—there would have to be a big leak to cause suffocation, and everything would have to be closed.
CHARLES PINEL GALLIE . I am divisional surgeon at 29, Camberwell-road—I have examined this bottle with the label on it—it contains three drachms of chloroform impregnated with an appreciable quantity of attar of roses—that would not in any way affect the chloroform—I have heard Henry Hallam's evidence—deafness and dizziness are consistent with recovery from chloroform—if the children took chloroform I do not think it was taken by the mouth, because it is so strong an irritant that they would be bound to have tasted it; even when diluted with water it causes burning, and by itself it causes distinct pain and inability to swallow—if it was administered they must have inhaled it—it could have been given when they were asleep by being put on a handkerchief—if a sufficient quantity had been sprinkled on their pillow it might have some effect—it would very likely produce sickness but I should not expect the symptoms to have lasted two or three days; I should expect them to last one day—evidently something had been given to them—if they went to sleep on Sunday night and did not wake up till Tuesday morning I should expect that there was more than one administration, because if anything like complete anaesthesia had been brought about by one administration they would probably have died—it would be absolutely unnatural for the children to go to sleep on Sunday night and not wake up till Tuesday morning, unless they were given something—I think chloroform was administered to them during Monday—if they had only had a dose on the Sunday night it would not have kept them asleep so long, unless it killed them—if a sufficient amount of chloroform was given to them to keep them under its effects for the whole of the time I take it that it might endanger their lives.
Cross-examined. If they were kept under chloroform all this time it would take a large quantity of chloroform—it would take a considerable quantity to keep three people under chloroform for thirty-six hours, but it depends on how it was administered; 2 ozs. would not be sufficient; it would produce anaesthesia for a short period, but not when administered by an unscientific person.
Re-examined. Two ounces would make the children unconscious for about half an hour.
By the JURY. The symptoms would be similar if the children had been suffering from inhaling ordinary unburnt lighting gas.
ARTHUR JAMES KINGDON . I am a chemist's assistant at 13, Church Street, Camberwell—I know the prisoner as a casual customer—I remember his coming to me some time this year; I do not remember the date—he asked for some chloroform—he bought 1 oz.—he said he wanted it for neuralgia—this bottle does not hold quite an ounce—he came again a few days afterwards and complained that the first lot that he had, had evaporated through a bad stopper—after consulting with Mr. Roberts, my principal, I gave him 2 ozs. in another bottle—this is one of our labels (Produced), and is in my writing.
Cross-examined. I cannot say if the stopper was defective, it may have been, it did not rattle—I did not charge you for the new lot—we kept the old bottle.
GEORGE PETER POND . I am a chemist at 68, Fleet Street—I have some slight recollection of the prisoner coming and purchasing about 2 drs. of chloroform—this bottle holds 8 or 9 or 10 drs., but it did not come from my place—this should be an 8 dr. bottle, but it is made thick, and only holds 7 drs.—there are 8 liquid drams to the ounce—I cannot say if the prisoner came some time within the last two months.
Cross-examined. It may have been last year that you came.
ERNEST LANE . I am an assistant to Boots, chemists, at 168, Bishopsgate Street—this label is in my writing, and is the kind that I should usually put on a bottle of poison—I do not recollect selling a bottle of chloroform to the prisoner—I think this label would be put on a half ounce bottle, but the bottle might only contain 2 drs.—this label has "Chloroform" on it.
Cross-examined. I have no idea when it was purchased—I should be very much surprised to hear that it was at least eighteen months ago, because I have only been with the firm for seven months.
HENRY THOMAS BULL . I am a toy maker, of 30, Camberwell Grove—I remember the prisoner taking some rooms there on February 29th—he lived there with his two children—he paid 7s. a week for two weeks. Edward Badcock (Inspector P.) On March 27th I went to 30, Camberwell Grove and arrested the prisoner—I said, "I am a police officer, and am going to arrest you for administering a noxious thing on the 21st inst. in an empty flat on the Albany Estate, to your children, Henry and Edith, with intent to endanger their lives"—he said, "I totally deny it. Who is charging me, and what is the evidence?"—I replied, "It has come to my knowledge that you caused chloroform to be purchased, and that you took your children to an empty flat, where they were partly insensible for two nights and a day, and that their symptoms were afterwards those of a person recovering from chloroform or a similar drug, and a bottle of chloroform was afterwards found at the flat"—he said, "Since you know so much, I will tell you. My wife is at the bottom of this. I have had a lot of trouble with her. I still deny having done anything to the children"—he was charged, and he said in reply, "I am innocent"—on searching him I found these three poison labels with "Chloroform" written upon them—a bottle containing some chloroform was handed to me by Mrs. Hallam in Blakesley's presence.
A letter was read from H. M. Gome, M.D., to the prisoner, stating that the prisoner had consulted him during January, February, and March; that he found him to be suffering from a general break down in health, which the doctor attributed to worry; and that he always found him sober and gentlemanly.
The prisoner, in a written defence, said that his married life had been unhappy; that on December 27th, 1902, his wife made a confession of infidelity; that she kept bad company and neglected him and the children; that he found she was living at a house of bad repute; that their son John died at Malta in February, 1903, which was a terrible blow to him; that
his son George had thrown up a good situation and enlisted owing to his mother's conduct; that he (the prisoner) had had his office burnt out, and was not fully covered by insurance; that on March 20th he had some whisky with some friends, and then took the children to keep an appointment at the flat; that soon after they got there he felt ill, so lay down: that he could remember very little more until he heard the gas company's men knocking at the door about a leakage; that he had been keeping chloroform for some years, but did not know there was any at the flat: and that he had not given any to the children, and could not understand the letter or telegram.
G. E. HALLAM (Re-examined.) Before I enlisted I was a clerk—I enlisted because I fancied the Army—it had nothing to do with the differences between my father and mother—my mother has behaved in a proper manner to us—she drank very moderately—I have seen her the worse for drink a few times—I knew none of her friends—she was always affectionate to us—she has lately been nursing an old gentleman—I do not know if she went home every day.
DR. JAMES SCOTT . The prisoner has been at Brixton Prison since March 28th—I have had him under observation since April 4th—he has been very quiet and well conducted, and in conversation on ordinary topics he has talked rationally and coherently—he has talked very bitterly about his family affairs, and brought many charges—I cannot say it is exactly a delusion—he is very jealous, and accused his wife of great immorality—I asked him if he had any direct proof, and he said he had on several occasions charged her with immoral conduct—he mentioned Cochrane, and said that his wife used the nursing as a mere blind to be more away—that is the only thing one can have any suspicion of being a delusion, and if it is jealousy it is not a delusion.
ALBERT BLAKESLEY (Re-examined.) When I lived with the prisoner his wife was there also—as far as I could see, her conduct was what it ought to be—the prisoner talked to me about his wife's infidelity, and charged Cochrane, but nobody else—I have seen Cochrane—he lodged in the house when I was there—in my opinion, the prisoner had no reason for charging Cochrane or anybody else—I think the prisoner was in his right mind by the way he talked—when he spoke to me about Cochrane I took no notice, except to say that I did not believe it—he said it was so—his wife went out nursing; I do not know why—she did so before I went there—the prisoner is a draughtsman, with an office of his own.
Cross-examined. I have lived with you since July—I had just left my employment then—I daresay I have paid about six weeks' rent—I am living there still.
GUILTY . Penal servitude for life.
ADJOURNED TO MONDAY, MAY 16TH,