CENTRAL CRIMINAL COURT
EIGHTH SESSION, HELD MAY 16TH, 1904.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
MESSRS. BARNETT AND BUCKLER,
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
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On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, May 16th, 1904, and following days.
Before the Right Hon. SIR JAMES THOMSON RITCHIE , Bart, LORD MAYOR of the City of London; the Hon. Sir ARTHUR MOSELEY CHANNELL. and the Hon. Sir JOSEPH WALTON , two of the Justices of His Majesty's High Court; SIR REGINALD HANSON , Bart., M.A., LL. D., F.S.A., Sir WALTER WILKIN , K.C.M.G., Aldermen of the said City; Sir FORREST FULTON, Knt., K.C., Recorder of the said City; JOHN POUND , Esq., Sir GEORGE WYATT TRUSCOTT , Knt., THOMAS BOOR CROSBY, M.D., and W. MURRAY GUTHRIE , Esq., M.P., other of the Aldermen of the said City; FREDERICK ALBERT BOSANQUET , Esq., K.C., Common Serjeant of the said City; LUMLEY SMITH , Esq., K.C., Judge of the City of London Court; and JAMES ALEXANDER RENTOUL , Esq., K.C., M.P., LL. D., Deputy Judge of the City of London Court; His Majesty's Justices of Oyer and Terminer and General Gaol Delivery, holden for the said City; and Judges of the Central Criminal Court.
JOSRPH DAVID LANGTON, Esq.
CENTRAL CRIMINAL COURT
RITCHIE. MAYOR. EIGHTH 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—tin figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, May 16th, 1904.
Before Mr. Recorder.
399. LUCY PHIPP (26) PLEADED GUILTY to forging and uttering a notice of withdrawal for the payment of £2 10s.; also to forging and uttering a receipt for the payment of £2 10s. Discharged on recognisances. —
400. GEORGE BROWNING (60) , to stealing, whilst employed under the Post Office, a post letter containing two postal orders for 10s. and 1s., the property of the Postmaster General. Four months' hard labour.— [Pleaded guilty: See original trial image.] And
401. HARRY MATTHEWS (35) and WILLIAM POLLEY (30) , to stealing a galvanometer and other articles, the property of William Scovell; Matthews having been convicted of felony at this Court on July 22nd, 1901, and Polley at Clerkenwell Police Court on June 25th, 1901. MATTHEWS— Twelve months' hard labour; POLLEY— Nine months' hard labour. [Pleaded guilty: See original trial image.]
MR. SANDS Prosecuted.
REUBEN SAMUEL OAKESHOTT . I am an ironmonger, of 22, Whitehead Grove, Chelsea—on Saturday, April 16th, I was walking in Kepple Street, King's Road, Chelsea, about twelve noon—I felt a hand come on me, I "was knocked down and stunned, and robbed of a watch and chain—I have not seen them since—the back of my head and my back were hurt, and I have felt queer ever since—I do not identify anybody.
ALFRED O'DELL . I am a cats' meat merchant, of 80, Kepple Street—I was in my front parlour a little before twelve noon on April 16th—I saw the prosecutor walking along Kepple Street—I saw Hatchard strike him with his right and left hands, relieve him of his watch, and knock him down in front of my window—Cleaver was with Hatchard, and stopped
behind and assisted the prosecutor to get up, while Hatchard went away—he prosecutor was insensible—I did not help him—I did not see Cleaver go away—when I got outside my door he was gone—I have known both prisoners twelve or eighteen months.
Cross-examined by Cleaver. I have not seen you with Hatchard before, but I know you both—my house is about twenty-five houses from the Queen's Head—you were behind the prosecutor when Hatchard hit him—I know you from being about with bad characters—I am a bookmaker, but I bear an honest and respectable name.
OWEN WARD . I keep the Queen's Head at Kepple Street, Chelsea—I was going along that street on April 16th, about 11.45 a.m., when I saw the prosecutor with two other men, one of them being Cleaver—I cannot identify the other man—I saw the prosecutor knocked down by the other man, who walked away—Cleaver remained and picked him up—I heard somebody call out "Stop thief!"—I was carrying a heavy bag, and did not see what became of the other man.
Cross-examined by Cleaver. I am perfectly certain that the prosecutor was knocked down—he was insensible.
JOHN HAWKER . I am a plumber, of 2, Kepple Street, Chelsea—I was in that street about 11.45 a.m. on April 16th—I saw the prosecutor walking from King's Road with two men—I saw one of them knock the prosecutor into the road, make a snatch, and run away—I cannot recognise him—the other man helped me to pick the prosecutor up—somebody suggested that he was one of them—he said he was not, and ran away—I ran after him, but could not catch him—a week afterwards I was shown a number of men, and picked out Cleaver—I could not pick anyone else out—I know Shrubb by sight—I did not speak to him on that day.
JOHN SHRUBB . I am a milk carrier, and live in Kepple Street—I was passing through the street on April 16th, about twelve noon—I heard a commotion; a neighbour told me something; I jumped on a bicycle, and followed a man who I believe is named Hatchard—I cannot swear to the prisoner—he was dressed in a dark blue coat and waistcoat, a cap, and a white handkerchief round his neck—I chased him to Justice Walk, which is about a minute from a common lodging house—I lost sight of him just after noon—I had chased him for about half a mile—I was stopped by some posts in the street.
JESSE VEITCH . I am manager of the lodging house at 23, Lodnes Street, Chelsea—I know the prisoner very well—I saw him on April 26th—I was standing at the door about 12.10 or 12.15, when I saw him run through Justice Walk—he tried to get into my house, but I would not let him—he did not say anything to anybody—he ran up Cheyne Row—he did not use any foul language.
ALBERT FERRETT (Detective B.) I saw Cleaver at Battersea Police Station on the morning of April 23rd—I said I was a police officer, and was going to take him into custody for stealing from a gentleman in Kepple Street a watch and chain, about noon the Saturday previous—he made no reply—he was afterwards identified and then charged—he madenoreply.
MICHAEL MORGAN (Detective B.) I arrested Hatchard on April 23rd—I told him I was a police officer, and should take him into custody for being concerned with another man named Cleaver in stealing a watch and chain from a gentleman in Kepple Street the Saturday previous—he said, "I know nothing about it; I was not in Kepple Street on the Saturday "—he was charged and made no reply.
Cleaver's defence: I know nothing about it.
Hatchard's defence: I have nothing to say.
GUILTY . CLEAVER then
PLEADED GUILTY to a conviction of felony at Clerkenwell Sessions on March 3rd, 1903, as Henry Burns, and HATCHARD at Westminster Police Court on November 18th, 1902. Four other convictions were proved against CLEAVER— Eighteen months' hard labour; HATCHARD— Fifteen months' hard labour.
MR. GRAIN Prosecuted; MR. WARBURTON Defended.
ETHEL CLINTON . I live at 4, John Street, Mayfair, and am an actress—on March 19th I went to New York for a pleasure trip—I did not go professionally—I have acted in the provinces and different places—I am of independent means, and have some valuable jewellery—on my return journey I sailed on the Oceanic, of the White Star Line, to Liverpool—had with me my sister and maid—on my arrival at New York people had wanted to interview me, and on that account we returned as Miss E Crocker, Miss G. Crocker, and maid—it was well known on board who we were—when we were about four days out from New York I made the acquaintance of the prisoner—I did not know him before—I had seen him sitting down in the ordinary way at meals—I heard him addressed as Mr. Ralph, and he gave himself out as Mr. Ralph—he was rather noisy—before I spoke to him I noticed he was wearing this pearl pin in his tie (Produced)—he wore it practically every day—in the course of conversation he said the Grand Duke Boris of Russia had given it to him while he, the prisoner, was in Russia—he said he was going to the war as war corre-spondent for the "New York Journal" on the Japanese side, and that he generally wrote for four or five newspapers—before we arrived at Liverpool, on April 13th, I asked him to come and see me, and I gave him my address—he said he was going to stay with friends, and that his address for letters was Brown, Shipley Co., Bankers, Pall Mall—I travelled with him, my sister, and maid, to Euston, where he left us—on the first Saturday after the 13th he called and took away some of my photographs in evening dress—he said he would like to call again and interview me before he left for Russia—he called on Sunday, May 1st, about 6 p.m.—he was shown into my drawing room, and I went in there and saw him—I was going out to dinner and had had put out in my dressing room some of my jewellery for the purpose of selecting some to wear and for some to be cleaned—I said to the prisoner, "If you want to talk to me you must come upstairs and talk to me while I clean my jewellery"—my maid was in and out the whole time—amongst my jewellery was this diamond ring
(Produced)—it is worth more than £100—the prisoner was wearing this same pin in his tie—alluding to the ring, he said, "That is just the thing I want"—I said, "You cannot wear that, it is a lady's ring"—he said, "That does not matter; Tiffany's, of Regent Street, have offered me £225 for this pearl pin, and I would like to exchange"—I said, "It is not worth £225, it is only worth £125"—I meant my ring was only worth £125—he said, "That does not matter; I would like to exchange"—after some time I agreed—he took the ring—he wanted me to go to Paris with him; I refused—next morning I took the pin to Tiffany's and made inquiries, I consequence of which I went to Brown, Shipley's and made inquiries there—I then went to Scotland Yard, and Detective Curry was directed to accompany me and put the law in motion—we went to Marlborough street Police Court, where my statement was taken down—I swore to it, and obtained a warrant—I believed all the prisoner's statements about the Grand Duke Boris giving him the pin and its being valued by Tiffany's at £225—the statements induced me to part with my ring—I saw no more of the prisoner until he was at the police court.
Cross-examined. There was a large amount of jewellery in my dressing room—the prisoner and I were not alone in the room—he could not have stolen anything if he had wanted to then because I was looking on—he was in my room for about half an hour—he did not tell me that the pin had been given to him by a Russian in America to whom it had been given by Duke Boris, or that the Russian had said that the pin had been valued by Tiffany's—I admired the pin. and said it was a very fine pearl—I did not ask him if he would like to give it to me—people do not generally give pearls away for nothing—the ring was given to me—I do not buy things like that—when I bought my passage at the steamship office in London. I explained who I was—I did not take return tickets—I last acted in London last year, and also at Brighton, where I was playing a leading part—I did not travel in my own name because people had written to me for interviews, and I wished to avoid it—my name is Clinton—I did not want to exchange the pin; I admired it.
ALFRED WILLIAM PEAVERYEAR . I am in the establishment of Tiffany Co., of Regent Street—it is their universal practice not to value anything for anyone unless they are well known customers—that rule is absolutely carried out—there is only one valuer in office at a time—my colleague was away in April and the early part of May, and I was the only valuer to the firm—I do not know the prisoner—I did not value any pin for him—I should not have valued if for any man coming out of the street—the outside value of this pin is about 13s. to £1—that is a good price.
HENRY CHAMBERLAIN . I am the European manager to the New York Sun, at 1, Arundel Street, Strand—I knew the late Mr. Julian Ralph very veil indeed—he was in the South African War as a newspaper corresponddent but I do not think he was in Ladysmith—he died in January last ear in New York—I know his sons well—the prisoner is no son of his.
MRS. BROWN. I am a widow of 3, Carlton Street, Fulham Road—I let apartments, and did so in 1902—I recollect the prisoner coming about Christmas, 1002, to visit a Miss Harris, who was lodging with me—I knew
him as Mr. Vernon—he said he came from America—I had several conversations with him about his relatives and property in America—he lodged with me from the spring to about October, 11)03, when he and Miss Harris left—they came back after Christmas and stayed in my house in the name of Mr. and Mrs. Harris.
HENRY HEAVER . I am an assistant to Thomas'Clark, jeweller, of 198a, Brompton Road—I recognise the prisoner—he came to our shop with this ring and asked me if the stones were—safe—I told him they were not and said the ring ought to be remounted—he took it away and brought it back next day—he had been to us the day before with some watches.
Cross-examined. It was arranged that we should remount the ring, but nothing was done—he did not suggest that we should buy it or lend money on it.
Re-examined. We are not pawnbrokers.
JOHN CURRY (Detective.) I went to the Marlborough Street Police Court with Miss Clinton—information was sworn and a warrant granted, and on the 7th I went to 38, Halsey Street, Chelsea—I went to a room on the first floor and found the prisoner in bed—I said, "Are you Mr. Harris?"—he said yes—I said, "I believe you to be Julian Ralph, and hold a warrant for your arrest for obtaining a diamond ring by fraud"—he said, "I am not going to say anything"—I told, him that I was a police officer and should arrest him—he then turned to a woman who was in a dressing gown, and who he said was his wife, and said, "Don't you say anything to anyone; if anyone comes here and says they have been sent by mo don't you tell them anything; say you know nothing; don't allow yourself to be weedled"—I took him to Vine Street Station and then to Marlborough Street—he was brought before Mr. Kennedy and was remanded until the following Thursday—after he had gone back to the cells he sent for me and said, "If it will help you, you will find the ring at a jeweller's in the Brompton Road, where I have taken it to be repaired"—I went to Clark's and got it.
The prisoner, in his defence on oath, said that his real name was Harry N. Vernon; that some gentlemen on board ship asked him what his name was, and he, in a joking manner, said, "Julian Ralph," but he might just have well said "King Solomon"; that the pin had been given him in 1903 for a money consideration by a Russian or Pole, who had been an attache to the Grand Duke Boris in Russia, who had told him it was worth 1,000 dollars, and that. it had been the Grand Duke's property; that he (the prisoner) did not know how Tiffany's name came in, as he had not mentioned it, and did not know that they had a place in London; that if he had wanted to steal the prosecutrix's jewellery he could easily have done so, as when he was in her dressing room, she went out to see another gentleman and left him alone; that he honestly believed the pin to be valuable, and had-been offered 500 dollars for it; that he had not attempted to sell it as he had all the money lie wanted; that in 1903 he did not come from New York with a girl aged sixteen and her little brother, but that the girl now shown to him was on the same ship.
NEW COURT.—Monday, May 16th, 1904.
Before Mr. Common Serjeant.
405. ERNEST BLONDELL (26) , to stealing two boxes of cigars, a box of cigarettes, two bottles of whisky, and 24s., the property of William Henry Lunn. Three month hard 'labour.— [Pleaded guilty: See original trial image.]
406. EDWARD MORGAN (44) , to wilfully, and with Intent to defraud, falsifying a certain book of account belonging to E.D Morel, limited his masters; also to embezzling orders for the payment of £25 18s. 9d., £6 £9 and £11 7s. 6d., the property of his said masters. A previous conviction of felony was proved against him. Eighteen months' hard labour. [Pleaded guilty: See original trial image.]
MR. WILKINSON* Prosecuted.
NELLIE MACKLEY . I am a barmaid at the Crown and Cushion, Westminster Bridge Road; Mr. Norman is the landlord—I was serving in the bar on April 10th—the prisoner came in about 9.40 p.m. and asked for a "pony" bitter, the price of which was one penny—he tendered in payment a half crown, which I examined and took to Mr. Norman, who said it was bad—I told the prisoner so, and he produced another half crown, which was also found to be bad.
JOSEPH HENRY NORMAN . I manage the Crown and Cushion—I was in the bar on April 10th about 9.40 p.m., when Mackley showed me a coin which appeared to be a half crown—I felt it and found it greasy, and took it in my teeth and bent it—Mackley took it back to the prisoner, and then brought me another one, which I also found to be bad—I tried in a similar way to the other—I do not think the prisoner could see How I tried the coins—I said to him, "What shall I do with you?"—he made no reply—I sent for a policeman and gave him in charge—the unstable asked him how he obtained the coins—he said he got them selling flowers—he had no more money when searched.
JOSEPH FROST (363 L.) About 10.20 p.m. on April 10th I was called the Crown and Cushion, and found the prisoner detained there—Mr. Gorman said to me, "This man has tendered these", producing these two half crowns—I said to the prisoner, "How do you account for their possession?"—he said, "I took them selling flowers last Saturday"—searched him, but found nothing on him whatever—I took him into custody—whilst on the way to the station he said, "This is all right; someone has bunged them into me"—he made no reply when charged.
The prisoner's statement before the Magistrate: "I did not know the money was bad, or else I should never have gone in there and attempted pass them; I would sooner have chucked them away than have got myself into trouble. I call no witness here."
The prisoner, in his defence, said that he had no idea the money was bad, or else he would not knowingly have gone into the public house with two bad half crowns.
Three summary convictions were proved against him. Six months' hard labour.
408. JAMES WILLIAM WALKER (21) , Feloniously stealing a cash box containing 16s. 6d. in money and three bankers' drafts for the payment of £100, £100, and £17 3s. 8d., the moneys and property of Henry Maynard Carter and another.
ARTHUR GEORGE WHIBLEY . I am a clerk employed by Henry Maynard Carter, accountant, at 79, Wool Exchange—on March 28th, about two o'clock, the prisoner came into the office and asked if Mr. Carter was in—I told him he was out—at that moment the telephone bell rang—I asked the prisoner to wait while I answered it—he by that time had entered the private office, and was standing before the fire—the cash box was in the centre of the room on a desk—I attended to the telephone and went into another room to get some paper—the prisoner said he would go, and call in later—I asked him his name, and he said, "J. W. Walker"—I did not see him take anything—before he came in I saw the cash box on the table—I missed it about half an hour after he had gone—it contained 16s. 6d. in money, and three drafts, the property of my master.
ARTHUR PENTON (Detective Inspector, City). On April 12th the prisoner was arrested—I found he was living at 89, Camden Street, Camden Town., in the name of Frank Horton—I went there on April 18th, and discovered these three drafts in a drawer in a table—I also found this chisel in the same drawer.
The prisoner's statement when charged: "I am innocent of any such offence."
GUILTY . The police stated that the prisoner bore a bad character, and that they had received a letter from the Liverpool police stating that in 1897 he was sent to a reformatory for begging. Three years' penal servitude.
MR. PASMORE, for the prosecution, offered no evidence.
NOT GUILTY .
MR. BOHN Prosecuted.
FRANCIS JOHN BUCKELL . I live at 32, Canonbury Square, and am a registered medical practitioner—on April 25th I was walking along Seven Sisters Road—I heard an exclamation behind me, which caused me to turn round, and saw a man whom I believe to be the prisoner standing close to me—he seized hold of my chain, snapped it off, and ran off with a portion of it and my watch—I went after him and called out, "Stop thief!"—I lost sight of him—I saw him next about an hour
later at the police station, and picked him out of six or eight others—the watch was a gold lever, worth, with the chain, about £9.
Cross-examined by the prisoner. I saw you steal my watch—at the station I said you were the man, to the best of my belief.
MORICE MORGAN STERN . I live in Seven Sisters Road—on April 25th, about 2.00 noon, I was in a public house bar—the door was open—I saw the prisoner running and, I believe, the prosecutor following—I did not see the prisoner's face until he was twenty or thirty yards off, when he turned round to see if the prosecutor was following—I picked the prisoner out at the station.
Cross-examined. I did not see you snatch the watch—I saw you running.
WALTER COOMCES (408 Y.) On April 25th, about 12.30. pm, I saw the prosecutor—he complained to me of losing his watch—I hurried round Durham Road and along Paddington Street—I went to the Durham and saw the prisoner there with some women—I told him I should arrest him on suspicion of stealing a watch in Seven Sisters Road—he said, "I have taken no watch"—on the way to the station he tried hard to get away—he said, "You are not going to take me for nothing"—at the station he was picked out from a number of other men by the prosecutor and two witnesses.
WILLIAM HISCOCK . I live at 135, Leyton Road, Kentish Town, and am a boot salesman—on April 25th I was in Seven Sisters Road—I heard the prosecutor shout out, "Stop thief!" and saw the prisoner running—I afterwards picked him out at the station.
The prisoner's defence: I did not steal the watch, but I admit I was running across the road, and was twenty to thirty yards away when the constable arrested me. I had nothing on me when arrested."
GUILTY . He then
PLEADED GUILTY to a conviction of felony at Guildhall, Westminster, on November 23rd, 1901. Four other convictions were Droved against him. Five years' penal servitude.
OLD COURT.—Tuesday, May 17th, 1904.
Before Mr. Justice Channell.
MR. C. F. GILL, K.C., and MR. CURTIS BENNETT Prosecuted.
MIRANDA SOPHIA CARTER . I live at "Ravenswood, St. John's Wood Park—I have been married to Major-General Carter for about ten years—the prisoner is my brother; at the time of my. marriage I failed to dispose that fact to my husband—before my marriage, employment was bund for him, and for some time he continued in my husband's service—hat employment came to an end in consequence of something the prisoner did, and since then I have helped him whenever he asked me—in 1903 he made an application to me in consequence of an accident which he said he had had, and that he would be lame for life—I found out that he story was false—I sent him £1, and said I could not help him so much
as he wanted me to as I had some very heavy expenses—I have kept my mother and younger sister for years—when I wrote to the prisoner and old him I could not assist him any more I do not think I said anything about finding out that the story of the accident was false—after that he wrote me very filthy letters, threatening to do me all the harm ho could and to drag me down into the gutter—I showed the letters to my sister, and later gave some of them to my solicitor—many of them I destroyed—I eventually disclosed to my husband that the prisoner is my brother—this is one of his letters which I gave to my solicitor (This slated that he would do the prosecutrix all the harm he could; that he was going to write to Mr. Bowen-Rowlands and tell him who she was; that that gentleman would merely have to go to Somerset House and see the birth register to see who she was and her age, which the writer thought would turn him from a woman who is about fifty years old; that if that would not do he would write to somebody else who would be too pleased to give details; that she would see that he would dare to do so if she did not write in two days and come to some arrangement; and that if she did not write she was to ask Mr. Bowen-Rowlands if he had received a letter from anyone.)—that is in the prisoner's writing, and I handed it to my solicitor at my husband's request—during December, January, and February the prisoner came to the house from time to time—I was ill during part of that time, and while I was ill my coachman Greenslade brought me a message—after that I received this letter and telegram—the letter is in the prisoner's writing—he has been outside the house by day and night, and there have been very violent scenes—I have communicated with the police—I think the last time he followed me was about April 16th; he said I should not dare to give him in charge, and when I said I would, as I could not stand it any longer, he said he would ruin me and do for me.
Cross-examined by the prisoner. I gave you every chance and helped you whenever I could—I have never been unkind to you—before I was married I went in the name of Miss Nelson—I do not remember if you have been thirteen years in my husband's employment—he wanted to send you away several times, and I have had lots of disagreements with him because I wanted him to let you stay—Mr. BowenRowlands is." a great friend of my husband's—he was not living at our house—he stays there sometimes for the week end—you did not have a row with, him—I do not remember how much money I have given you—I have sent you many sums, and when I wrote and said I could not send any more you kept on "writing asking for more—once you were making a scene outside our house when Mr. Bowen-Rowlands was staying there—the General was not well, and he asked Mr. Bowen-Rowlands to go out and see what the row was; you rushed at him to give him a running kick—he had never heard of you before that—he came up to my bedroom to say good-bye, as any other guest would before he left—I do not think you cared about not mentioning my relationship to you in your letters as long as you got the money—you waited outside the house after you got the solicitor's letter—when we came out you rushed up to the carriage, and I thought you meant to do some damage—I told the coachman to
drive to the police station—I do not know if the coachman knew that you were his brother-in-law—the waiter told you I was ill and could lot see you, and you said you would wait till I could—I did not say I lad seen you walking about the grounds; I said I had heard you.
Re-examined. There were several other filthy letters which the prisoner went me.
GEORGE GREEXSLADE . I am the prosecutrix's coachman—I have known the prisoner for twenty-four years—I remember when he was in General Carter's employment, and the circumstances under which he—in February I was nursing General Carter, and was a good deal a the house—I came down one evening about eight o'clock and saw he prisoner standing in the stable yard—he asked me where that bitch a sister, of his, going by the name of Mrs. Carter, was—I said Mrs. Carter as in the house, but it was impossible for him to see her—I had jus card the doctor say she had a temperature of 101—I did not know what 3 do with the prisoner, and thought it best to get him into the road and have a smoke there—he came out, and I said I could not understand hat he meant—he said, "I am Mrs. Carter's brother, and have come here with a view of ruining her; I mean to ruin her and bring her to the gutter"—I asked him if he was in employment; he said he was not—I, What about your wife and children?"—he said, "I have got a couple of boys at home, and they keep the home going; I am not going work until I have brought her down"—he also said that he thought Mrs. Carter was well able to keep him in the position of a gentleman—mother night I was looking out of the window and saw him loitering about outside—I have complained to the police on several occasions Mrs. Carter's instructions—I was driving the carriage on April 16th when we passed the prisoner about 100 yards from the front door—I not know if he followed us, but I got the order to drive to the police action.
Cross-examined. You borrowed some, money from me; I forget how such—I do not know what you wanted it for—I lent it to you because thought you were hard up—I should not think I shall get a rise in for this—I took a message from you to Mrs. Carter, and she was angry, and said rather than put up with any more annoyance from she would sec your carcase perish—I do not know if Mr. BowenRowlands is the person who has caused all the trouble or anything out it—I do not think he stayed in the house till twelve months ago—he only comes for a few visits—I never told you anything about him.
EDWARD PORTER . I am employed by General Carter—I have seen prisoner on the premises at different hours of the day and evening, when he has been the worse for drink—on April 16th he came to me when I was at the stable gate—I said, "Holloa, what is your game?"—said, "I have come for a row, and mean having it"—I said, "Don't foolish, you will be ratted if you find yourself in the police cell, and ink of your wife and children; don't be a fool"—he said, "Are they in?" I said, "Who do you mean?"—he said, "You know who I mean" I said, "There is no one in the house but the General"—he said he
would drag his sister to the gutter—he took a coin out of his pocket and beat the wall with it, and said, "I have got a quid and some more in my pocket"—I said, "Look after it and do yourself some good with it"—I thought he went away then.
Cross-examined. You said, "I have got a quid here and some more in my pocket, I don't want her dirty money," or something like that—I have never heard you threaten your sister—I do not remember you saying anything about her throwing Mr. Bowen-Rowlands up—you threatened him—you said you were sorry for General Carter.
ALFRED BOWLER (10 D.) A warrant was granted by Mr. Curtis Bennett for the prisoner's arrest for using threats—I arrested him on April 21at at 85, Southan Street—I told him I was a police officer and had a warrant for his arrest for using threats towards his sister, Mrs. Carter—he said, "I have not spoken to my sister these six years; she has ruined me; the threats I made use of were not meant for her, they were for a man "—at the station, when the charge was read over to him, he described himself as a painter and decorator not in work.
Evidence for the Defence.
The prisoner, in his defence on oath, said that—he first wrote to the prosecutrix "protesting against her conduct with this gentleman whose name he did not know, but did not say anything vulgar or rude in the letter; that he then wrote saying she ought to help him, as he was out of work and had a lot of children; that he had only written one vulgar letter to her; that after receiving the solicitor's letter he wanted to keep away from the house, and only went there to pay Greenslade the half sovereign which he owed him; that he did not intend to make a scene; that he that not threatened his sister, and did not intend to injure her.
GUILTY . The Jury said they thought it was pity that the case was brought to this Court, and that the prisoner was not bound over at the police court. Twelve months' hard labour.
NEW COURT.—Tuesday, May 17th, 1904.
Before Mr. Recorder.
412. GEORGE THOMAS WILSON (30) , Unlawfully conspiring with Richard Fish to cheat and defraud the London, Brighton, and South Coast Railway Company of their goods and monies, and to steal their goods.
MR. ELLIOTT and MR. FITCH Prosecuted; MR. PURCELL Defended.
ALEXANDER MITCHELL , M.D. I am a divisional surgeon at 87, Regent Street—I examined the witness Emma Pearce this morning at her address, Palace Road, Palace Street, Victoria, Westminster—she is in the last stage of consumption, and is also suffering from a fatty degeneration of the heart
—she is not in a condition to appear here this morning, or to give evidence if she were here—she was sitting up when I saw her.
BARTHOLOMEW WEAR . I am usher at Marlborough Street Police Court—on April 27th I was present the whole time when Mrs. Emma Pearce gave her evidence in connection with this charge—her depositions were read over, and signed by her in my presence—this is her signature.
GEORGE BADCOCK (Police Sergeant M.) I am on special duty on the Brighton Railway—on July 5th,1902, Superintendent Warren handed me eight return half tickets, and, in consequence of information, I caused them to be put in circulation at the Grosvenor Road collecting station for Victoria—Richard Fish was then a collector in the service of the company—on July 8th I stopped him as he was leaving the Grosvenor Road Station—Warren was with me—after a conversation I took him back to the station—he had a private bag with him, which I searched—this envelope was in the bag, sealed—it is addressed, "Mr. H. Smith, 12a Brewer Street, Buckingham Palace Road, S.W."—I opened the envelope and found seven return half tickets, two of them being those which I had passed through the Grosvenor Road Station—one was a second half, Brighton to London Bridge, No. 8131, dated June 25th, 1902, and one a second class return half, Hove to Victoria, No. 3575, dated July 2nd, 1902—the five other tickets were, one from Brighton to Victoria, No. 0592, one from Sandown to Victoria, second, two third class return halves, Portsmouth to Victoria, and one to Waterloo—the last four would be available from Portsmouth—the Brighton to London Bridge ticket would also be available to Victoria—those return halves were available for two months.
Cross-examined. I caused the tickets to be handed up at Victoria Road—each man sorts tickets—there is only one sorting office at Grosvenor Road—about six collectors are on turn, morning or afternoon, on alternate weeks—I caused tickets to be placed on the counter—I gave them to a collector to be put on the counter—the tickets I found on Fish were negotiable—I was acting under Warren's directions—Fish said, "The man Smith led me into this; I passed him once, and he afterwards wrote me, and I got him tickets, for which he has given me a few shillings"—Fish did not say he did not know Smith—he was committed at the September Sessions (See Vol. cxxxvi, page 851)—sentence was postponed to enable him to give information—I made notes of what Fish said—this in a tissue copy—the dismissal of collectors does not come under my notice—our information was that there had been an extensive use of return half tickets, extending over a long time.
AMOS WARREN . I am Superintendent of the Brighton Railway Police—I was formerly a police inspector—in 1900 I received information which caused me to make an investigation as to the circulation of tickets from March, 1900, till Fish's arrest on July 8th, 1902—on July 5th, 1902, I gave Badcock eight half tickets from various places on the South Coast to be put in circulation on Monday, July 7th—I was present on July 8th
when Fish was arrested outside Grosvenor Road Station on his way home at the end of his day's duties—in consequence of an interview with him, we suggested he should go back to Grosvenor Road—we found a hand bag upon him—an envelope was discovered, and he was taken to the police station—he made a statement to me, and I went with Badcock to 4, Grosvenor Cottages, his private address, where, in the front room fireplace, I found the fragments of this letter and envelope, which I pieced together: "Dear Fish,—I will send you the suit of clothes from Portsmouth Let me hear from you to the above,—Yours truly, H. Smith"—the envelope was addressed to 12a, Brewer Street, Buckingham Palace Road—in consequence of the letter and the address upon the envelope in Fish's bag I went to 12a, Brewer Street—that was after Fish's statement as to the letter which I had found—12a, Brewer Street was a newspaper shop where letters are received—I there saw Emma Pearce, who gave evidence at the police court—she was then an assistant—the occupier of the shop is now dead—in consequence of the result of my inquiries I obtained a warrant-Fish was convicted before the Recorder and sentenced toeighteen months' imprisonment in October, having PLEADED GUILTY in September—a warrant was taken out in November, 1902, to arrest Smith—I handed it to Drew—Wilson could not be found, and it was not executed till April 14th, 1904.
Cross-examined. I know of no collectors having been discharged in September, October, or November, 1902, in connection with these tickets—I have heard that these tickets have not been circulated since the arrest of Fish—a collector was dismissed at the time Fish was arrested, but not in connection with these tickets, but because he was with Fish, and turning out his pockets, he had tickets he should not have had—we could have stopped the ticket stealing months before, but we wanted the receivers—Fish was at Grosvenor Road before my time; I can only speak of the time since the early part of 1902—I saw Fish at Brixton with Inspector Drew—I was with him about an hour—there is no rule with regard to the company's servants betting, but if they were found betting, probably their services would be dispensed with.
JOHN GEORGE AGER . I live at Dane Park, Blackheath, and am a clerk in the Audit Department of the Brighton Railway—on July 5th I handed Superintendent Warren thirty-six return half railway tickets-one is No. 8131, dated June 25th, 1902, second class return half, Brighton to London Bridge—that would be available till August 25th—it had been used and sent to the Audit Department in the ordinary way—the Victoria tickets are collected and sorted at Grosvenor Road, and sent to the Audit Department; No. 3573, second class, Hove to Victoria, July 2nd, 1902 had also been used and collected—there were among them five other tickets to the value of £2 14s. 7 1/2 d.—on examining the collection on July 7th I found the two tickets mentioned.
RICHARD FISH . For fourteen years prior to 1902 I was employed by the Brighton Railway Company, for ten years as ticket collector at the Grosvenor Road Station—in July, 1902, I had known the prisoner for about eighteen months as Wilson—he spoke to me from the window of the
train when I was collecting tickets—ho asked me for some tickets I had in my hand—I told him he could not have any—he said he would see me again—he came to the station about a week afterwards—I cannot remember whether he had anyone with him—he asked me about tickets—I told him he could not have any then—he came again, I cannot say how long after; it is a long time ago—I forget the case altogether—I have had trouble since; I cannot call it to mind—I think he arranged about bets, I cannot say for certain—in consequence of that arrangement I saw him again—I cannot say whether it was at Grosvenor Road or where—I only saw him once or twice at Grosvenor Road—I have been to 21, Regent Street about bets—I think I had then given him tickets that had been given up at Grosvenor Road—I cannot say whether I had anything that time or not; I have received money—when I met him in Regent Street we had a drink together—I cannot say whether I had any tickets then—he had received tickets when I introduced betting on commission, not for myself, but for other people—I used to leave tickets at 21, Regent Street and come away—I cannot say when—I cannot say how many: about thirty or forty—I can hardly say how much I received, I can only judge—it ran into pounds—I received this letter from the prisoner on a Monday: "Dear Fish,—I will send you the suit of clothes from Portsmouth. Let me hear from you to the above.—Yours truly, H. Smith"—I have had other letters from the prisoner about bets, that is all—I have never noticed his writing—I knew it came from the prisoner when I opened it—I destroyed it, I expect—it is hard to say what the expression "suit of clothes" means—I put it down to Portsmouth tickets—it had not been arranged to use he words "suit of clothes" when talking of tickets—the letter contained an envelope as well as the letter, addressed to H. Smith, 12a, Brewer Street, Buckingham Palace Road—this is like it—in consequence of this letter and this envelope I put tickets in the envelope—12a, Brewer Street 5 a newspaper shop—I had letters left there on business transactions, but not tickets, addressed to the defendant as Smith—I went there on the Monday night and bought a paper—I was going to leave a letter—I hanged my mind—in consequence of what Mrs. Pearce said I came away and went home—the envelope and tickets were found in my satchel the blowing day when I was arrested—they were Brighton and Portsmouth tickets.
Cross-examined. I do not know whether the company would dismiss servant for betting—what betting I did for the prisoner I did quietly—took the bets to him—I cannot remember when it began—I was on duty one week in the morning and the next week in the afternoon—when on afternoon duty I was free till two o'clock—I have taken bets to the prisoner before two o'clock—I have been to Ryder Street, St. James's—do not remember the police raiding that place—I had transacted bets with a bookmaker, Scott—the business was transferred to Wilson—they paid me commission for my trouble—I recollect Scott giving up the turf business—Scott and the prisoner came to see me together once—the prisoner gave me his book of rules—after that I went to Ryder Street—knew he went to Southampton Street, Strand—I received over i'22 on a
horse called Irish Ivy—I sometimes had a drink from those I took bets from—sometimes the bets were under £1—I kept no note book—I always left Wilson the betting money in envelopes—he left me in an envelope saying where the bets were to be sent—I cannot say how many I left at Brewer Street—he paid me 1s. in the £—I cannot say for certain what presents I received from him—I received other things besides money—I had a jacket and waistcoat—I was seen twice at Brixton by Inspector Drew—Warren came the second time—I gave evidence at Marlborough Street of substantially what I told the police at Brixton—I finished my sentence of eighteen months on December 9th—the police got my address from where I used to live, Grosvenor Cottages—I knew the prisoner as abetting man; I cannot say for how long, nor whether I first met him in the spring of 1800—I cannot now remember the case since my trouble—I am still suffering from the effectsof my imprisonment—the traffic in tickets had been going on a long time after I knew the prisoner—I never mentioned other servants of the company to the police; I should have had a lighter sentence if I could—I was told so by Drew—all tickets should be clipped—the collectors put the tickets in stacks according to their numbers, and all sort when not engaged collecting.
GEORGE MURRAY . I have known the prisoner for seven or eight years as a commission agent in the name of George Thomas Wilson, and in private as Henry or Harry—he carried on business in Ryder Street, St. James's Street—I joined him as clerk or assistant in 1898 or 1899—I moved with him to 21, Regent Street about eighteen months afterwards—we remained there about a year and a half—that place was shut up—I left—at Regent Street Fish came and saw the prisoner or me—I also saw him at Ryder Street—there are races at Portsmouth Park, and Brighton, and Sandown, near London—the prisoner lived in Middle Street, Brighton—I cannot say when—I do not think it was when I was at Ryder Street—he had no season ticket—I kept the books—I have no knowledge what Fish came for.
Cross-examined. I was never introduced to Fish—there was a raid in Ryder Street—Fish came there once or twice—he left letters there and at Brewer Street—I do not know what was in them—envelopes containing slips were left—I was employed by the bookmaker. Scott at one time—he received bets from railway servants—the general custom is to take the bets to the bookmaker—one of the railway servants took them to Scott—I did not know Fish was a railway servant—I left the prisoner's service in May or June, 1901—I do not know what became of him after Fish's conviction.
The Deposition of Emma Pearce was read: "I lived at 260, Vauxhall Bridge Road in 1902, and assisted in the management of a newspaper shop at 12a, Brewer Street, Buckingham Palace Road. The proprietor was a Mr. John Richards, who is now dead. I now live at St. Peter's Club, Palace Place. In 1902, 12a, Brewer Street was an accommodation shop for letters. I recognise defendant. I knew him as Mr. Shakeshaft. He used to come to the shop for racing papers and letters. I cannot say for how long he received letters and papers: I should say about two or
three months. I have seen him about four times I suppose I remember Mr. Fish (who now stands forward) calling at the shop with a little boy in July 1902. He made a request for me and went away. I remember the next day The defendant called for a letter that day. I told him there was a letter in the name of Smith. He said, 'That is mine. I do not remember the initial. I am quite sure it was Smith. This letter had arrived in the beginning of the week. I do not know how long it had been there when Fish called. I am sure he called for it the next morning. I gave him the letter, and he took it away, paying 1d. for it.—I never saw defendant after that until I saw him here. I am sure he is the man I knew as Shakeshaft. I did not notice any other letters in the name of Smith Cross-examined. I went to assist the man at the shop. I was backwards and forwards for four years. There always was a number of letters. I only remember one letter in the name of Smith in the four years.
Cross-examined. After the premises at Ryder Street had been raided in July 20th, 1899, I took the prisoner into custody, and the signature is a receipt for his property—I afterwards heard that he had lived at another place in Regent Street, and at Southampton Street—he was fined £30 and costs for keeping a betting house.
HENRY CHEVALIER REGAUD . I am managing director of the conversion Company, 21, Regent Street—the prisoner took the second floor" to be used as an office on October 27th, 1899—in September, 1900 he left without notice, having removed most of his belongings—he signed the agreement—he left this bag, in which I found the agreement and the promissory note produced—the note is signed by him George Thomas Wilson"—this letter, signed "G. Wilson," was handed to me in the office by Mr. Oakley who was my father's secretary, but since dead—to the best of my belief, the documents are the prisoner's writing.
EDWARD DREW (Re-examined.) The prisoner was locked up at Vine Street—I saw him the next morning—I read the warrant to him—he was arrested on April 14th on this charge—he said, That is what he says-no one will take his word"—I said, "You mean Fish?"—he said Yes" he was then charged—when the charge was read over he made no reply—he gave an address at Bloomsbury, and subsequently at Alfriston Sussex-several years previous to 1900 I had an interview at Regent Street with him-then he gave an address at 1, Middle Street, Brighton—I knew he was living there at that time—after his arrest I got his receipt for a pair of gloves, two handkerchiefs, a scarf pin, and letters, which were handed to Mr. Gurrin—I also handed Mr. Gurrin the agreement, promissory note, and letter [Exhibits A to E2].
THOMAS HENRY GURRIN . I am an expert in handwriting, at 59, Holborn Viaduct—I have given evidence for twenty years, and for public prosecutions twelve years, and for the Home Office and General Bankers
Associations—I have examined the Exhibits A1 to E2—they are the same writing.
WILLIAM GOUGH (Detective.) On April 14th I arrested the prisoner outside Victoria Station—I said, "Wilson, do you know you are wanted on a warrant?"—he said, "Yes, but you are not going to take any notice of that?"—I said, "I must; you know I am a police officer; I must take you to Vine Street Police Station"—he said, "Well, I suppose I must go," or words to that effect—"I thought this was all over by now"—the warrant was dated November, 1902—I had not it in my possession—Drew read it to him the next morning—he said he thought a warrant only existed for twelve months, and he came to the conclusion that the matter as at an end.
The prisoner, in his defence on oath, denied that he had ever trafficked in return railway tickets with anybody, or that he had any other relations with Fish than as a bookmaker.
GUILTY . Fifteen months' hard labour.
MR. ATTENBOROUGH Prosecuted; MR. HUTTON Defended After the opening of the case the prisoner withdrew his plea, and the Jury returned a verdict of
Two days' imprisonment.
THIRD COURT.—Tuesday, May 17th, 1904.
Before Mr. Common Serjeant.
416. JOSEPH THOMAS DENHAM (20) , to fraudulently converting 10s. to his own use and benefit. Three convictions were proved against him. The police gave him a bad character. Eighteen months' hard labour. [Pleaded guilty: See original trial image.]
MR. LEYCESTER Prosecuted; MR. BURNIE Defended.
HARVEY BROWN . I am manager to the Swift Beef Company, Limited, who are wholesale meat dealers at the Central Meat Market—on April 15th. about 8 a.m., we sold eight forequarters of beef to Mr. Bates, a butcher of Ealing—they were packed up in cloths with our name, in addition to which each quarter of beef has a little tally which is wired on—I did not see the quarters taken away—I was afterwards shown the
cloths and tallies which had been on two of the forequarters which we had sold—their value was about £"15s.
Cross-examined. The purchase was before 8 o'clock.
Re-examined. I did not see them delivered.
WILLIAM ATKINS . I am a labourer in the service of the Swift Beef company, Limited—on April 15th I was working at their shop—I saw the eight forequarters of beef which had been sold to Mr. Bates—I afterwards missed two of them, and went to look for them—I found them in one of Mr. Cornell's vans by the side of the Poultry Market, the carman of which as a man named South—I did not sec either of the prisoners—I took possession of the two forequarters till some of the firm came.
Cross-examined. It was about 9 when they were missed, and I found them in the van soon after.
ALFRED THOKP . I am a meat porter in the service of Messrs. Wright Brothers, carriers in the Meat Market—on April 15th I had instructions to fetch away from the Swift Beef Company eight forequarters of beef, and take them to Wright's van—I and five other men went to the Swift Company and saw eight forequarters—we took out six and then returned for the other two, but they had gone—the prisoners were not working for me or my firm.
Cross-examined. We missed the meat between 8 and 9—it might have been after 9.
THOMAS CHARLES EARNSHAW . I am a meat carrier at the Central Meat Market—I know the prisoners—I was in the market on April 15th, and saw Butcher at one of my vans talking to my man between 8 and 8.30—I did not hear what he was saying—I asked my man what he wanted—Butcher did not hear me—he went away—in consequence of what my man said, I sent a man we call "William" to Fletcher's in the market; it was between 8 and 8.30—he came back each time without anything—I saw Dexter after I had sent to Fletcher's, and he said, "If you send a van down to the bottom, the packs are there"—I said, "We start from this rank, so therefore I'll send a man down", and I sent him down again—the man came back again without anything—Dexter paid me 1s. 6d.—he told me that the van was to fetch two sheep and two lambs to go to Waterloo Station.
Cross-examined. I was examined at the Guildhall Police Court, and said that Butcher came to my van about 7.15; that was right—directly afterwards Dexter came up and asked me to send a van down to the bottom of the market, outside Fletcher's, for two sheep and two Iambs, and in answer I said, "I'll send a man", and he then paid me the 1s. 6d.
WILLIAM JOSEPH WHITEHEAD . I am in the service of Mr. Fletcher, a meat salesman in the Meat Market—I was on duty there on April 15th—I know the prisoners—neither of them purchased any meat from me on that morning, and nobody purchased any to go to Waterloo.
Cross-examined. MR. FLETCHER'S establishment consists of two shops, me inside in the market, and the other outside in the street—on the said not next to the market, a van might stop and take up meat.
HARRY SOUTH . I am carman to Mr. Cornell, meat carrier in the market—I was there on April 15th, in the morning, standing with my van on the rank in Long Lane waiting for work—I know Earnshaw's position on the rank, and I know Fletcher's shop—to go from one to the other it would be necessary to pass my place—I know the prisoners—while there they came up to me—they were each carrying a quarter of beef—Butcher asked me if they could stand two quarters of beef in the back of my van till their van came down to take them away—I said, "Yes"—they stood them in the back of the van, and stood about there for about ten minutes—I then asked them to take them away, as I wanted to begin loading up—they turned round and saw Atkins coming along, and then walked away, Butcher saying, "Here comes the bloke"—they went into the market—Mr. Wright's man came round and took the beef out of the van—I went about my business—I next saw the prisoners about 12.15 walking in Holborn on my way to Kensington—I was driving my van—I pulled my horses up to a walking pace to talk to them—Butcher asked me if I would have something to drink—I said, "No, thank you, I am being followed"—Butcher said, "You have not told them who put it in the van, have you?"—I said, "They already know that"—I drove on—I next saw them in custody at 3.15 in the police office in the market.
Cross-examined. The time the meat was put in my van was "about 9.15—Butcher, Dexter, and I were in the same employment about three years ago—I remember it being alleged that I had stolen some corned beef at that time, and given some of it to my friends—Dexter and Butcher did not complain that I had said they had had some—I have been on good terms with them since—I was not surprised when they asked me to put the meat on my van.
Re-examined. Over the corned beef trouble, I was dismissed—I was afterwards taken on again—the stolen meat was paid for.
GEORGE ROHRBACH . I am a meat porter in the Central Meat Market—I was at work outside No. 20 gate on the morning of April 15th—South stands with his van between Nos. 18 and 20 gates—I was waiting with a van—I know the prisoners—I first saw Butcher about 7.30 that morning—he was standing outside No. 20 gate—I saw him again later with Dexter, about 9 o'clock—they were standing at the back of Cornell's van, which was in charge of South—I saw Dexter carrying a forequarter of beef in the direction of Cornell's van—I did not see him put it anywhere—I next saw them standing talking to South for about five minutes—I then saw Atkins coming from the direction of the Swift Company's shop, and the prisoners walked away—I saw Atkins speak to South—I next saw the prisoners about 1.30 under the clock in the Meat Market—I said to Butcher, "Halloa, I believe you are to be locked-up"—he said, "Yes, we have heard something about it, and so we have come up to see Mr. Mears"—he is the chief constable of the market—Butcher said, "Don't you say you saw Neddy at work"—that was Dexter—"because he has not got a badge, and he might get into trouble"—I said nothing—that is all that was said—I left them—I have known them for about two years—I. have never had a quarrel with either of them.
Cross-examined. I have been in the market about two years—I was with my father at Kennington—he is a wholesale sausage manufacturer—I left him over a money dispute of £4, and also because he married a third time, and an objection arose—I did not say to the prisoners at the interview under the clock, "If you want a witness I will come for you "; Butcher said, "If I want you, will you come up in the morning?"—I did not suggest it to them, and Butcher did not say, "We don't want you."
Re-examined. When he said, "If I want you, will you come up in the morning?"I made no reply.
EBENEZER MEARS . I am chief constable at the Central Meat Market—a porter in the market has to have a badge, which is granted by the Markets Committee, to carry goods out, but not to carry in—I have an office in the market—on April 15th the prisoners came to me about 1.45—I had already had information about the case—the prisoners said to me, "We have come to see you about some of Cornell's men chipping us about taking two quarters of beef from Swift's in the market, and putting them into one of Cornell's vans. We took no quarters of beef whatever from the market to-day"—Butcher then said, "I have not taken any quarters of beef for two months since"—he went on to say, I have not taken any quarters of beef from Swift's to-day, nor for weeks past, nor have I helped Dexter to take any. I did not put any beef, nor help anyone else to do so, in Cornell's van"—I said to Butcher, "It is said that you went to Earnshaw, the carrier, about carrying some meat"—he said, "It is entirely untrue that I went to Earnshaw or any of his men this morning to ask him or them to take a quarter of beef or any meat or packs to Waterloo. If Earnshaw or his men say so it is a lie"—Dexter was standing away while this took place—I then called him—Butcher moved away—I said to Dexter, "What is it you want?"—he said, "I have come to ask what is this about Cornell's men saying that I and Butcher stole two quarters of beef from Swift's this morning. As it is all news to me, and as I did not steal, take, or assist anyone else to take from Swift's any quarters of beef, and did not put any beef in Cornell's van, or help anyone else to do so, I thought I would come and see you about it"—I said, "It is said that you asked Earnshaw, the carrier, to take his van round the other side of the markets to take two packs of meat to Waterloo"—he said, "No, that is not so"—he hesitated a minute and then said, "I did ask Earnshaw if he would take two packs to Waterloo, two sheep and two lambs, for a man who gave me 1s. 6d. to pay him for doing so. I paid Earnshaw the 1s. 6d., but he did not send his van round"—that is all that took place.
Cross-examined. As soon as I found out what they wished to see me about, I cautioned them.
Dexter, in his defence on oath, said that he had been employed as a porter in the market for a long time, and had always borne a good character; that he had not renewed his badge because he did not require it; that on the day in question he went to the market for work; that a man there asked him to get a carrier to take two sheep and two lambs to Waterloo; that he went to
Earnshaw for that purpose; that he did not carry any meat to South's van, that he did not meet South in Holborn, and had no conversation with him.
Butcher, in his defence on oath, said that he had always borne a good character; that he asked Earnshaw's carman for Dexter if his master would go to Waterloo for a man with two sheep and lambs; that he did not carry any stolen meat; that he had no conversation with South that morning, and that he knew nothing about the stolen meat.
GUILTY . DEXTER— Four months' hard labour; BUTCHER— Five months' hard labour.
MR. B. A. SMITH Prosecuted.
HENRY GEORGE HARRISON . I am manager to William Ernest Hurcomb, jeweller, at 13, Devonshire Street, Islington—we put an advertisement in the Bazaar, Exchange and Mart of some jewellery, watches, and other things, in September—a diamond brooch was included—on September 2nd, 1903, we received this letter from Bristol (Asking for a description of the brooch advertised)—we replied to it and received this answer,. signed "James Bennet"(Asking for the brooch to be sent, and the writer would remit cheque per return, or return brooch)—we sent the brooch to Mr. Bennet on approval—this is it—it was valued at between £4 and £5-we received this acknowledgment of the brooch (Saying that the brooch was hardly good enough, had the senders something better?)—we sent him a second brooch worth about £8—this is it—we received no payment whatever, nor have we received the brooches back—we sent them on approval, as the letters read very plausibly, and he seemed an honest man; otherwise we should not have sent them—I next saw them in October in the hands of the police.
The prisoner. "I never did any business with Mr. Harrison."
CHARLES SMALLWOOD . I live at Eastville, Bristol, and am manager to J. W. E. Swash Co., pawnbrokers, at Bristol—I recognise the prisoner—he came to our shop on September 7th, 1903, and pledged this small diamond brooch for £3—this is a duplicate of the ticket in the name of "Frank Morris"—it was not redeemed by him—I handed it to the police—I have seen the prisoner's writing—these letters are his writing.
ERNEST SMITH . I am a pawnbroker at 2, Bath Street, Bath—I recognise the prisoner—I produce a brooch which he pledged at my establishment on September 9th for £5 in the name of "Frederick Morris", 6, Weston Place, Clifton.
ERNEST LORD (Police Officer Bristol Police.) I know the prisoner—he carries on no business at Bristol—his real name is Ernest Aubrey Tyrrell—in September he had a room at Bristol, for which he paid about 5s. a week—he was there three weeks—on September 10th I had occasion to take him into custody, and he was taken to Warwick—I searched his room at 29, Princes Street, Queen's Square, Bristol, and found these three pawn tickets amongst others—one relates to a brooch, and the other to a
pin—the brooch was pledged with Messrs. Swash Co., 53, Stapleton Road, Bristol.
CHARLES TOBBUTT (Police Sergeant M). On April 10th, about 8.00 a.m., I arrested the prisoner at Warwick Prison on a warrant—he read the warrant and replied, "That is right; I remember Mr. Hurcomb's case; it is about twelve guineas; I do not know the other name, Harrison"—he was brought to London and charged—in reply, he said, "That is the same as the warrant."
The prisoner, in his defence on oath, said that he was carrying on business as an accountant at Bristol in the name of James Bennet; that he only received the goods in question the day before his arrest; that he pledged the articles to ascertain their value prior to purchase; and that he had no intention of defrauding.
GUILTY . One conviction was proved against him. The police gave him a bad character. Six months' hard labour.
FOURTH COURT.—Tuesday, May 17th, 1904.
Before J. A. Rentoul, Esq., K.C.
MICHAEL DAVIS . I live at 1, Sparrow Corner, Minories, and am employed as a foreman cutter by Mr. Morris Cohen, of.31, Spital Square, Bishopsgate, a mantle manufacturer—the prisoner is in the same employyment as a traveller—I keep a private account at the Economic Bank, Bishopsgate, and on March 25th. as the prisoner was going to the City, asked him if he would pay £13 in gold and a cheque for three guineas into the bank for me—he said, "Very well, I will", and I gave him the money and cheque 'in a bag—from certain information I received on larch 28th or *20th I wrote to him, and saw him on April 7th, when I taxed him with not paying in the thirteen sovereigns—he said he was very sorry, but that he would do so that day—I told him he had got me into serious difficulty, as I had given cheques, and they had been returned to me dishonoured—I saw him again on April 8th, and he told me that he had paid the money in—I drew cheques again to the value of the money and found they were dishonoured again—several times he has asked me to oblige him with a cheque, and I have done so, and he has paid he money into my bank—it is not a joint account; it is in my own name.
Cross-examined. I have known the prisoner four or five years, as he has been in the same employment as myself—I do not know what wages he is getting—I do not dispute that a quarter of the cheques payable at my bank were made out to his order—he has lent me money on occasions—I have asked him several times before March 25th to pay money into my bank for me, as, being-a traveller, his duties were outside the house, and mine inside—I first received notice that my cheques had been dis-honoured on or about March 28th, when a cheque I had given to Mr.
Joseph cohen and which he had paid to a Mr. Walker, an assistant overseer of rates, was returned by Mr. Walker as dishonoured—the prisoner was away ill from March 28th to April 6th—I should have been quite satisfied if he had paid in the money any day up to April 6th—it is true that on April 5th I wrote to him saying that I hoped he would be able to come back to business soon; that the place seemed to be lonely without him, and that I trusted to have the pleasure of seeing him on the morrow morning—I thought that he would explain—on April 7th. the next day that I saw him, he said he was sorry, and that he would pay the money in—I do not remember his telling me that he had met a friend who owed him £10, and who offered to give him a post dated cheque for £25 if he, the prisoner, gave him £15 more—I remember the prisoner saying he would pay in a cheque for £25, but I do not know where he was going to get it from—on April 12th I wrote another letter to him, asking for an explanation, and I waited till two o'clock the next day before I went with my solicitor and swore an information against him—in my statement, which my solicitor drew up on my instructions, it is true that I stated that the prisoner had said he intended to pay the money in, and not that he had paid it in—the prisoner offered to return the £13 in Court before he Magistrate, but my solicitor advised me not to accept it—as far as I am concerned, I should have been contented to take it.
Re-examined. I have not had the money yet.
HETTIE HART . I am employed by Mr. Cohen—on March 25th I heard Davis say to the prisoner, "Are you going to the City to-day?"—the prisoner said "Yes", whereupon Davis gave him a bag of money, telling him there was £16 3s. in it, and asking him to pay it into the bank for him on his way, and he said "Yes".
ARTHUR HENRY JOHN WALKER . I am a cashier at the Economic Bank, Bishopsgate—on March 25th the prisoner came and paid a cheque for £3 3s. into our bank—he did not pay in £13, nor has he paid in anything since—Davis's cheques have not been honoured in consequence.
Cross-examined. I know the prisoner by sight through his having come once or twice to the bank to pay in money to Mr. Davis's account.
JOSEPH PULLING (Sergeant H.) At 2.45 p.m. on April 14th I saw the prisoner at 31, Spital Square, and told him that I had a warrant for his arrest—he said, "Good God! what is it for?"—I told him, and he then said, "Yes, that is right. I wrote a letter to Mr. Davis about it, but I id not think he would do this"—I read the warrant to him, and he, made no reply—I took him to the station, when he was charged, to which he made no reply—when searched £1 17s. 3 1/2 d. and a memo, were found upon him.
Cross-examined. I have made inquiries about him, and find that he is a most respectable man, bearing an excellent character.
NOT GUILTY .
VINCE PLEADED GUILTY .
Mr. Black Prosecuted.
HARTING— NOT GUILTY . VINCE received a good character. Discharge on his own recognisances.
421. HAYDN COLSON PACKWOOD (34) and RICHARD ARTHUR PRIOR TAUNTON (41) , Obtaining from Albert Grunfeld the sum of £4; from Edward Adams £1 11s. 6d. and a pair of boots; from Margaret Balcarras £3 and £3, with intent to defraud. Second Count, conspiring and agreeing together to defraud the said persons.
PACKWOOD PLEADED GUILTY to the First Count.
MR. FORDHAM Prosecuted; MR. SLATER Defended Packwood, and MR. ELLIOTT Defended Taunton.
ALBERT GRUNFELD . I carry on a tailor's business under the name of Walker Co., at 38, Sackville Street, Piccadilly—in March, 1903, Packwood, whom I had never seen before, came to me and ordered between £11 and £12 worth of clothes—he told me he was recommended by Taunton, who was already a customer of mine—Packwood having given me Taunton's address, I wrote to him for information concerning Packwood, and received this reply on March 25th: "Dear Sirs,—I have known Mr. Packwood for some years, I feel sure you will find him all right. I may add that he is a tenant of mine for some of my farms in Scotland"—I there upon executed the order, and delivered the clothes to Packwood—I made the usual application for payment three months after, and again three months after that, but to neither application did I receive a reply—on March 11th. 1904, he came into my shop and said, "I owe you some money", and gave me a cheque for £8 drawn by a man named Arnold on Lloyd's Bank—it says "Pay self or bearer", and is endorsed "F. Arnold" (Produced)—he asked me to take £4 out and to give him the balance in cash—I offered to give him a crossed cheque of my own, but he said that he was very much in need of cash, and that Arnold was a responsible man whom he knew well—I gave him £4 in gold and a receipted bill for £4 on account of the bill owing on the clothes—I sent the cheque to my bank, and it was returned to me marked "Account closed. Refer to drawer" and I have never had the value of that cheque—I had a letter from Taunton with reference to his own account with me, and also saying that he knew nothing about Packwood, but that he wished he did, that he had not seen him for some time and did not know his address—Taunton came to see me later, and asked me whether there was no way other than to take proceedings against himself and Packwood—I told him I had done everything I could, writing and informing them both of it, and that I had had no reply, so consequently I had given the matter into the hands of the police—he seemed very excited—he did not mention on that occasion what relation Packwood was to him or that he had any obligations to Packwood—he knew then that Packwood had been arrested.
Cross-examined by MR. SLATER. I kept pressing my representative that he should see Packwood and get the money, but he never could see him.
Cross-examined by MR. ELLIOTT. Taunton did not tell me than the had
entrusted Packwood with cheques to get money, and that he had neither seen the cheques again nor the money—I understood by his letter that he wanted to see Packwood also—I have no reason to suggest that the statements made in Packwood's-reference from Taunton as to Taunton's having a Scotch estate were untrue—Taunton, when he came to see me, seemed more angry about his own affairs than about Packwood—I did not execute Packwood's order until I got the reference from Taunton—when Packwood handed me the cheque for £8 he said, "Do not let Taunton know that I have been here."
EDWARD ADAMS . I am manager to Frederick Napper, leather merchant, of 96, Whitechapel Road, E.C.—on May 9th, 1903, Packwood came to the premises and asked to see his brother, who is in our employ, and after having seen him he chose a pair of boots value 8s. 6d., and tendered this cheque for £2 in payment (Produced)—it is drawn by "R. A. Prior Taunton" on the Middlesex Banking Company in favour of "P. Carter", and is endorsed by "P. Carter"—I hesitated about changing it, and asked him if it was all right—he assured me on his honour as a man that it was, so I obliged him—I paid the cheque in on the 11th, and on the following day it was returned to me marked "Refer to drawer"—I have never seen Packwood since except in the police court, nor have I had the money or the boots back.
Cross-examined by MR. ELLIOTT. "I went to Taunton's office twice in the matter", but I did not see him.
MARGARET BALCARRAS . I am a spinster and proprietress of the Balcarras Temperance Hotel, 3, Finsbury Square—on September 18th, 1903, Packwood with his wife came to my hotel and took a room—on September 30th he asked me to cash a cheque for him for £3 drawn on the Middlesex Bank by "R. A. Prior Taunton" in favour of "H. C. Packwood", reremarking that Taunton was his-landlord and owed him some money—I gave him £3 in cash and paid the cheque in to the bank next day—on the same day he asked me to cash another cheque for £10 drawn by a man named Hammond in favour of Taunton, which has since been destroyed—I gave him three sovereigns and a receipt—he said on that occasion that Hammond was worth thousands of pounds—both the cheques were returned to me, the £3 cheque being marked "Refer to drawer", and the £10 cheque "Payment stopped"—I showed Packwood the £3 cheque and he took it back again, and on showing him the £10 cheque he said he could not understand it, and took it from me, and I never saw it again—he gave me a written statement promising to pay me the amount on the cheques dishonoured that I had given him and the amount of my bill (Produced)—he went out of the house and never came back again—I have never had my money back nor the amount of my bill—I have tried to find him and failed to do so—I also tried to find Taunton, but the manager at his bank could not give me his address.
Cross-examined by MR. ELLIOTT. I did not call at Taunton's offices at 112, Leadenhall Street, E.C.
some money on account of what he owed me, but he said it was inconvenient to give me any just then—I asked Packwood, who was with him, also to give me some money, as he also owed me some, and he said it was inconvenient—it was then sugeested that I should draw a cheque for £10, and that Packwood should get a friend of his to cash it, but not to present it till the following week—I drew the cheque, but I do not remember whether I drew it in favour of Packwood or Taunton—I had just about that amount of money in the bank, but I did not want it presented till the following week, as I was then paying in £40 or £50—Packwood took the cheque and went off to his friend to cash it—I saw him a little later, and again in the afternoon, when he told me he could not get it cashed—I then told Taunton, when Packwood was away, that I should go to my bank and stop the cheque in case it was presented before the following week, which I did—about two days after Packwood came to see me, and told me that unfortunately my cheque had been put through—I asked him where it was, and he gave it to me and I tore it up—I take it that it was presented the day after I had given it to Packwood; it was considerably after I had told Taunton I should stop the cheque that it was paid in—before he returned me the cheque Packwood gave me £2 out of his own pocket, as he said, in payment of part of what he owed me.
Cross-examined by MR. SLATER Packwood gave me the £2 the day after I handed him the cheque—I was to have received the proceeds of the cheque entirely.
Cross-examined by MR. ELLIOTT. Taunton had nothing to do with it, beyond that I made it payable to him, and I am not sure I did that; he was to receive nothing from it—I have known him for five or six years, and have never had anything to complain of in his conduct—he was associated with his father some time ago in a large engineering works in Birmingham, and I know he has relatives in very high positions—my first object in handing them the cheque was to get some money from either of them that was owed to me—Taunton owed me £.30 or £40—as far as I know, he was no party to presenting the cheque—I honestly believe that if the cheque had been presented the same day I drew it, there would have been enough money in the bank to meet it.'
Re-examined. I know Taunton was in monetary difficulties, or he would not have owed me what he did.
HERBERT MILNER . I am the secretary of the Middlesex Banking Company—this cheque, drawn by "R. E. Prior Taunton", and made payable to "P. Carter" for £2 and endorsed by "P. Carter", was presented by the London and Westminster Bank to our bank, and we returned it marked "Refer to drawer."
Cross-examined by MR. ELLIOTT. I do not know Miss Balcarras at all—she had come to the bank, I could have given her Taunton's address—he has had an account with us since April 18th, 1902, and he has paid considerable sums in during that time—he had an overdraft at one time according to an arrangement that was made—about the time this cheque
was sent to us there had been some litigation, and Taunton, under a judgment, had to pay over £40, having stood surety for a man of the name of Payne—the last payment we received on account of this amount was in December, 1902—we did not debit his account with this amount; it only affected the discount account which he had with us—the account is still open, and shows a credit balance of £11 2s. 6d.
Re-examined. On May 19th Taunton's cheques would not have been honoured unless by special arrangement, as he had a debit of £14 3s. 4d.—on September 18th, 1903, he had a credit of £9 7s. 8d., but his cheque for £3 in favour of Packwood was not honoured on account of the debit balance of his discount account—I should think about seven or eight of his cheques have been dishonoured during the last eighteen months—our books would not show how many cheques were dishonoured—the most his account was overdrawn was £14 3s. 4d.—it is not an absolute rule that when a customer's cheque is dishonoured we inform that customer of the fact; the man to whom he made it payable would do that, of course—I cannot tell whether it is usual for banks to give such notices.
FREDERICK WEST (Sergeant C.) On April 7th I arrested Packwood for obtainmg £4 by false pretence by means of a worthless cheque from Mr. Grunfeld—in reply he said, "Yes, I am sorry I have done it; I must have been a fool, as Taunton told me there was no money at the bank to meet it. and he (meaning Taunton) said"', If you get the £8, I want £5 or £6 out of it. I did not get it cashed where* I expected to, so I went to Mr. Walker where I obtained the £4; I expected the money the following day, and if I had got it, I should have returned the £4 to Mr. Walker"—on April 9th I went to 112, Leadenhall Street, and arrested Taunton at his office there—I read the warrant to him, and on reading the first charge, charging him with conspiracy to defraud the tailor of £4, he said, "That is not so"—with reference to the other charges, he said, "I admit I gave Packwood the two cheques for £2 and £3; those are the cheques of Miss Balcarras and Mr. Adams, in Whitechapel Road, and he got them cashed to carry me over till the following Monday. He brought me back the money, but I have since repaid him. No one has ever applied to me for payment"—I searched him and found in his possession 4s. 4d.—I searched the offices and found there forty-seven pawn tickets in his safe, twenty-seven being in the name of Packwood—I then told him he would be further charged with conspiring in obtaining money from Adams, of Whitechapel Road, and Miss Balcarras, to which he made no reply—after the first hearing, in he rear of the Court, he said, "Sergeant West, I wish to make a statement to you. With regard to the cheque for £2, I have had 25s. out of it, and Packwood 15s. As to Arnold; he owed me £30. On the 11th of March last I asked him to pay me off some of the money he owed me. He said, I have not got it now,' and I said, 'Give me a cheque, and I will hold it over till you have.' He said,' Hold it over till Wednesday; I shall then have plenty of money to meet it.' He then gave me an £8 cheque, which I handed to Packwood"—on the strength of that statement another warrant was granted for the arrest of another man—I have made inquiries into the character of Packwood and Taunton—(Mr. Elliott objected to this evi
dence being given on the ground that it teas irrelevant, in which the COURT concurred.)
Cross-examined by MR. SLATER When I arrested Packwood in the first instance, he was charged with obtaining money by false pretences, and it was in connection with that charge that he said he was sorry that he had done it—on the occasion when I arrested him I got sufficient information to arrest Taunton.
Cross-examined by MR. ELLIOTT. In consequence of the information which I obtained from Taunton I arrested Packwood—I believe that he came to Vine Street Police Court twice, in order to see us by our request—I know that Taunton used to rent offices in Palmerston Buildings, and that Packwood was his clerk there—I do not suggest that Packwood was, party to leasing the offices—I have been told that Taunton has relatives in high positions; that he was in partnership with his father in Birmingham that he had an estate called Glendale in the Isle of Skye, and that Packwood was his tenant there.
Re-examined. Taunton gave me Packwood's address on April 7th—he did not seem to have any difficulty in doing so.
Taunton, in his defence on oath, said that after leaving his father, who as in business as a Government contractor, in 1892, he had carried on a bona fide business first at Palmerston Buildings and then at Leadenhall Street as an agricultural instrument agent, and had a turnover of some £2,000 a month; that lie had completed the purchase of an estate in Scotland, and that Packwood, to whom he had been introduced by an old friend, as a tenant; that he had received the £8 cheque from a man named Arnold, he owed him some money, on the stipulation that it should not be paid in within a certain time; that he had given it to Packwood, who had said he had friend who would cash it, and that he had not seen the cheque again nor received any money for it, and that he knew nothing of the transaction with Grunfeld; that the £2 cheque given by Packwood to Adams he had drawn favour of Packwood's wife and given it to Packwood to cash for him, thinking that he had enough money in the bank to meet it, and that, on learning afterwards that there was not, had given Packwood £2 to give to lams, whom he had not heard of before; that he had received 25s. from Packwood on this cheque, and had lent him 15s., the balance; that the £3 cheque given by Packwood to Miss Balcarras he had given to Packwood to cash for him, and had received £3, but that the had neither heard from the bank nor Miss Balcarras, whom he had never seen before; that the cheque had been dishonoured; that he had had nothing to do with the £10 cheque drawn by Hammond, nor had he received a penny from the proceeds of it; that at this time he was rather short of money, which accounted for the pawn tickets found in his safe, but that until recently he had been in a good financial position.
GUILTY . Eighteen months' hard labour each.
Discharged on recognisances.—
424. GEORGE LOFTHOUSE (40) , to breaking and entering St. Paul's Church, Hammersmith, and stealing therein a clock, the property of Thomas Henry Smith and others; also to a conviction of felony at West London Police Court on October 30th, 1900. Six month's hard labour. — [Pleaded guilty: See original trial image.]
425. HENRY BAYNES (44) , to stealing a bag, the property of James Jacobs, Limited; also to a conviction of felony at this Court on March 28th, 1898, as Edward Smith. Eight other convictions were proved against him. Three years' penal servitude— [Pleaded guilty: See original trial image.]
426. EDWARD INGRAM (40) , to stealing a watch and other articles, the property of Richard Moore; also to a conviction of felony at Clerkenwell Sessions, on October 1st, 1901, as George Patterson. Several other convictions were proved against him. Three years' penal servitude. — [Pleaded guilty: See original trial image.] And
427. GEORGE TAMPLIN , to stealing a screwdriver and other articles, the property of Frederick James; also to breaking and entering the counting house of Frederick James, and stealing 9s. 6d., his money.
Nine months' hard labour. [Pleaded guilty: See original trial image.]
LOD COURT.—Wednesday, May 18th, 1904.
Before Mr. Justice Channell
MR. RAVEN Prosecuted.
RICHARD BAR'NSDALE (42 D.R.) On April 9th, about 6.15 p.m., I was in Tottenham Street—I saw Naylor, Norton, and the deceased in a crowd, about 30 yards off, near the corner of Charles Street—the prisoner and the deceased had their sleeves turned up, and both were in a fighting attitude, Naylor was holding their coats—I saw the prisoner strike the deceased with his right fist under his left eye, and he fell back, striking his head heavily on the kerb—I saw blood running from his ears and nose—another constable came up and took the prisoner away—I got an ambulance, and took the deceased to the hospital—he was sent to the infirmary, where he died on the 17th—I returned to the station and charged the prisoner and Naylor with being concerned together in the assault—Naylor said, "I was only holding their coats while they fought"—the prisoner made no reply—both were charged before the Magistrate—Naylor was discharged on the second remand, of which there were two, one on 18th and one on 25th—an inquest was held on the 19th—the men were the worse for drink—Naylor said they had been refused drink—no doubt they had left off work about 1 o'clock, and had been drinking till I saw them.
By the COURT I was about 8 yards from the prisoner when I saw him strike the blow—I was just outside the crowd of about fifty people—I was going to try to stop the fight—Naylor and the prisoner were on the top of the deceased, perhaps to pick him up, and I went on the top of them—I took them partly off the deceased—the crowd opened for me
and I distinctly saw the man fall—if there was another man I did not see when he got away.
TRUMAN ELLIS (Inspector D.) I saw the deceased at the station about 6.30 on April 9th—he was brought on an ambulance—he was taken to St. Pancras Infirmary—he remained unconscious—no statement was taken—he died on the 17th—the prisoner and Naylor were charged with manslaughter—Naylor said, "I suppose the injured man did not make a statement?"—I replied, "No, he did not recover consciousness"—Naylor said, "Being all workmen together, I do not see how it could have occurred; we were boozing together from 1 p.m., and walking down Tottenham Street; Proctor was very drunk, and all at once I saw him lying on the ground, but could not say if he fell or was knocked down "—the prisoner said, "Yes, that is quite right"—the prisoner is respectable, and for three years has been in one employment—I traced him back to his boyhood—he has three children—his wife was confined a week ago—whatever happens, his firm will take him back again.
MCKINLEY DUN'LOP . I am the medical superintendent of St. Pancras Infirmary—the deceased was admitted on April 9th in an unconscious condition—his left eye and left cheek were bruised, and there was a scalp wound at the back of his head—he gradually became more unconscious till he died on the 17th, not having made any statement—death was due to compression of the brain from cerebral hoemorrhage, the result of a fracture of the skull extending from the external wound to the base of the skull—it was caused by a fall on the pavement.
MARGARET TOOMEY . I live at 28, Windmill Street, Tottenham Court Road—I was in Tottenham Street on April 9th, about 6 p.m.—I saw four men together, two with their coats off—two seemed to be sparring for a fight about 3 yards off—after three minutes I saw a severe blow struck by a tall, thin, fair fellow, which knocked the deceased to the ground—the prisoner was standing aside, with his coat on—the deceased's head struck on the kerb—the man who struck the blow put his coat on and walked away in the confusion—neither the prisoner nor Naylor struck the blow—two women working with me in a shop were on the doorstep—the police came two or three minutes after the blow was struck.
Cross-examined by the prisoner. You were standing opposite our shop with your coat on, but you took it off after the blow was given, as if to defend the man that was knocked down, to help him—I was out on errands.
NOT GUILTY .
MR. HUTTON Prosecuted.
GUILTY . Eighteen months' hard labour.
MR. HUTTON and MR. JENKINS Prosecuted; MR. ROOTH Defended.
GUILTY . Five years' penal servitude.
NEW COURT.—Wednesday, May 18th, 1904.
Before Mr. Justice Walton.
MR. BURNIE and MR. ROACH Prosecuted.
GUILTY . Two previous convictions were proved against him, and he had dated to the police that he had been sentenced to ten years' imprisonment in France for assaulting an officer. Eighteen months hard labour.
THIRD COURT.—Wednesday, May 18th, 1904.
Before Mr. Recorder.
PARSLOWE PLEADED GUILTY .
MR. BLACKWELI., for the prosecution, offered no evidence against Briggs. NOT GUILTY . PARSLOWE— Two years' hard labour.
MR. HEDDON Prosecuted; MR. RANDOLPH defended Douglas.
EDWARD HENRY MEEK . I live in the Brompton Road, and am a naturalist—on February 29th I went to the Cadogan Arms, Sloane Street—I was riding a bicycle—I left it outside the house, about 9 p.m.—when I came out the bicycle was gone—I immediately communicated with the police—I next saw the bicycle on, I think, April 21st—it had been painted, and the mudguards changed—I have identified it by the number and other things.
JOHN HOWARD . I live at 5, Montpelier Road, Brompton Road, and am foreman at Messrs. Hucklebridge's, cycle repairers, of Sloane Street—on April 21st Williams brought a bicycle to me to be repaired—I communicated with the prosecutor, who is a friend of mine—I recognised the bicycle as my friend's.
AUSTIN DAVEY (Detective B.) About 4 p.m. on April 21st I went to 133, Sloane Street, and there saw Mr. Howard and the bicycle in question—I remained there till Williams came—I told him I was a police officer, and asked him if the bicycle was his—he said, "No; George Jones brought it to me this morning and asked me to look after it"—I then told him that I should take him to the station—from the station I went to 9, Pont Street Mews and saw Douglas—I told him that Williams was in custody for stealing the bicycle—he said, "Oh, we have some mudguards here; I believe they belong to the machine"—he went into the stable and said, "Here is a lamp; I believe it belongs to the bicycle"—I returned to the station and asked Williams if the mudguards were his—he said, No. Did Douglas give them to you? He is as bad as I am; he told me to take the machine; in fact, he kept a look out while I took it"—he also said, "He was with me at the Cadogan Hotel"—Williams appeared at Westminsters the following day, when the Magistrate ordered Douglas to be put into the dock and charged.
Cross-examined. Douglas is Captain Lowthcr's head coachman, and has been for about four and a half years—he has twelve years' good character—Williams was his under coachman—Douglas attended before the Magistrate, and was then taken into custody—Williams pleaded guilty then—in spite of that, he was not called for the prosecution—Douglas went into the witness box and gave evidence on his own behalf, and was cross-examined.
AMOS WILLIAMS (The prisoner.) I have PLEADED GUILTY to stealing this bicycle—I was second coachman to Captain Lowther, and Douglas was head coachman—on February 29th I was in the Cadogan Arms in Sloane Street—Douglas was with me—he went out and came back and said to me," There is a bicycle outside; is it your bicycle, mate?"—I said, "Of course, it is not mine; you know it is not"—he said, "Why did not you say 'Yes', you fool, and get on it and go home?"—he whispered this to me—I said, "No, thank you; none of that for me"—he then advised me to get on the bicycle and go home—after a time we went out, and I said to Douglas, "It is a nice machine", and Douglas said, "Yes; if you do not get on it you will never get another chance like it"—after that we had some more beer, and he kept on talking to me about the bicycle and advising me to get on it and go home—at last he said, "I will watch whilst you go"—I went out and got on the bicycle—Douglas watched me—I took it to my home at Battersea—next morning I took the bicycle to work—Douglas said to me, "You got home safe with your bike, then, mate?"—I said, "Yes"—he said, "You were a fool for bringing it to work this morning; you might have left it at home for at least three months"—I said. "No, I think I'll take it back"—Douglas said, "You will get copped if you take it back before it is dark to-night"—I took it home that night after work and painted it—after a time Douglas took the brake of! and scratched off the name of the maker—I had given notice to leave my situation.
Cross-examined. I had an old bicycle—Douglas wanted me to have a better one—he told me to steal the bicycle—I do not know what benefit he was to get out of it—I used to drink, and complaint was made of my doing so—Douglas said to me at one time, "If I was you, lad, I should chuck it up and get a good character before you leave"—Douglas objected to my coming late to work—I was not taking the brake of! when Douglas came into the stable.
DOUGLAS— NOT GUILTY . WILLIAMS— Six months' hard labour
GUILTY on the Second Count. Twelve months' hard labour.
FOURTH COURT.—Wednesday, May 18th and
THIRD COURT, Thursday, May 19th, 1904.
Before Mr. Common Serjeant.
DAVID LEADERMAN . I am a clerk in the employ of Woolf, Greenfield & Co., manufacturing confectioners—I have known the prisoner for about two months as being a junior clerk in their employ—he left on April 16th—I worked in the same room as he did, where all the books, including the cheque books, of the firm were kept in a safe which was not locked during business hours, and to which the prisoner would have access—on April 18th Mr. Sabin, manager of the London and Provincial Bank, Roman Road Branch, came and showed me this cheque for £86 10s. (Produced)—it purports to he signed by "W. Greenfield" and "J. Mark", who is a member of the firm, in favour of "Mr. Chas. Hinde", and it is endorsed "Chas. Hinde"; it had "Payment stopped" on it, and I think the figures I see at the back were upon it too—I know Mr. Greenfield's signature, and this signature is so like you could not tell the difference, but there is a slight difference in Mr. Mark's signature—Mr. Hind is the solicitor to the firm, and he spells his name without a final "e."
Cross-examined by the prisoner. I arrived at the office at 10 a.m. on April 18th—the office opens at 8 a.m.—the first time I knew anything about the cheque was when the bank manager came—I did not receive any message from you that the cheque was going to be presented—Mr. Marks would receive the letter—I did not see you anywhere near the bank that day—from 9 a.m. to 10.30 or 11 a.m. you usually had sole charge of the office—your wife came on the 18th and asked for a reference for you, saying that you were ill—I gave her one, as I did not know anything against you then—she told me that you were going into another situation—your position in the office would allow you to know how the cheques were drawn—you used to draw cheques for the partners, but never for Mr. Hind, but you would have access to his returned cheques—there is no writing on this cheque similar to yours, and we usually draw the cheques to "Charles Hind, Esq."—the reason of your dismissal was that you wanted a full week's wages when you had stopped away a day—you put in some overtime the week before, but you did not get paid for it—from the time you were dismissed at 2 o'clock till you left, you were in the office with myself and Mr. Greenfield, jun.; you would not have had an opportunity of getting a cheque from the cheque book—I know Archer, and I know he trades under two names of "A. Brown" and "Kennyfred Co."—I do not know the state of the account at the bank when the cheque was presented—you would have access to the pass book, but you would to the cash book—Archer was very intimate with the partners—it was an understood thing that he should not be left in the office alone—the reason for our not producing the cash book is not to screen him; it has nothing to do with your case—he gave me 10s. 6d. to get a fountain pen with—I do not know why he did so I never gave him any information—the partners would, of course, have access to the cheque books besides you and myself—either you were or I was in the office all day, and when I was away ill you knew it was your duty to lock the door whenever you left the office with no one in charge, as you had seen me do it; I do not remember giving you specific instructions to do so—this is a true plan of the office (Produced)—this door communicating between the offices is usually open—there are about thirty people employed,
seven or eight of whom fire foreigners, and practically all of them Jews—none of them would have access to the safe, as there was somebody always in charge of the office—I have had no conversation with Archer as regards this case since you were arrested—Hyman is an employee working at the front just outside the door—I have complained about his coming in and out and doing as he liked—he has not complained to me that you ordered him out by my instructions—Archer has spoken to him once or twice, but he has not been particularly friendly with him—I am not aware that Archer gave him a sovereign as a wedding present.
Re-examined. Hyman has been in the employ for about eighteen months.
SAMUEL DEEKS . I am a member of the Corps of Commissionaires—in consequence of instructions I received on April 18th I went to the Great Eastern Hotel with a letter addressed to Mr. Hinde given me by the Sergeant-Major of Commissionaires—I saw the prisoner, and gave him the letter—he took me to the smoking room and handed me this cheque (Produced), and told me to go to the Roman Road Branch of the London and Provincial Bank and cash it, telling me in what way he wanted the cash—I had never seen him nor the cheque before—I went to the bank, and they refused to pay it, and I came back with the manager to the Great Eastern Hotel, where we failed to find the prisoner—I waited till 4 p.m. for him, but he did not turn up—the next time I saw him was at Bow Street Police Station—I wrote down on a piece of paper at the time, in what way he wanted the cash; the cashier wrote these figures at the back of the cheque—the note that I wrote is at the Bishopsgate Police Station.
Cross-examined. I went to the Reception Office and asked for Mr. Hind—they sent for him, and while I was waiting you came and asked if I were the commissionaire who had come for Mr. Hind—the name on the letter was pelt "H-i-n-d-e"—you took the cheque from your inside breast pocket—I do not know whether you took it from an envelope or not—I was to get £1 in gold and 10s. in silver; the rest was to be notes for big amounts—I do not remember your saying that you wanted the notes for tracing purposes through another man's bank—it was about 10 a.m. when I left the hotel, and I got back about 12 a.m.—it took me a little over half an hour to get to the bank—I did not see you anywhere near the bank.
CHARLES STEVEN SABIN . I am the manager of the Roman Road Branch of the London and Provincial Bank—I recollect Deeks coming to the bank and delivering this cheque (Produced)—the firm who drew this cheque keep an account with us, and they draw cheques in Mr. Hind's favour weekly; I have heard that they keep a separate cheque book for him—as I am familiar with his signature, I noticed that the cheque was not endorsed by Mr. Hind—I thought that the other signatures were genuine and in order—I refused payment to the commissionaire and went across to Mr. Greenfield's office, and, as a result of the interview, I told the commissionaire I could not pay the cheque, and went with him to the Great Eastern Hotel, where we failed to see the prisoner—I saw him at Bow Street Police Court.
Cross-examined. I do not know your position at all at Messrs. Greenfield's—the cheques are usually drawn by a clerk of Greenfield's, and signed
by the partners—there are usually three handwritings on the cheque—Mr. Hind does not spell his name with an "e"—we have a customer named Archer, but I do not think he has ever paid in a cheque drawn by Greenfield's into his account.
GEORGE BURTON (Detective Sergeant K.) In consequence of instructions I had received, at 10 a.m. on April 19th I went to the Bishopsgate Street Police Station, and saw the prisoner there—I told him I was police officer, and should arrest him for stealing a cheque form belonging to Messrs. Greenfield Co., and further with forging a cheque for £86 10s. and uttering the same at a bank in Roman Road; he said, "All right"—on the way to the station he said, "I put the cheque in the way of someone, but if you put it to an expert he cannot say any is in my handwriting. If you submit it to anyone, it is not in my handwriting, but I am not going to draw, and do not wish to draw, them into it. I followed the commissionaire down to the Bank to see if he got it at the Bank"—when charged at the police station he said. "Another one should be in here with me; I shall not say who."
Cross-examined. I may have said at the police court that you said you followed the commissionaire down to the Bank to see "how he got it," and not "if he got it"; I cannot remember the exact words—I did not caution you before you made the statement—I did not ask you questions; you volunteered it—Mr. Leaderman charged you—I have not altered what you said to fit in with my theory of the case; I took it down as you said it—I have never had any connection with Slaters'.
LOUIS BONNET . I am the chief clerk at the Great Eastern Hotel, Liverpool Street—between 9 and 9.30 a.m. on February 18th the prisoner came in and entered his name in the visitors' book as "Charles Hinde", and asked for a room—I said that he would get a room as soon as his luggage came, and he said that he. was going to send a commissionaire for it—a commissionaire came and asked for Mr. Hind, and I sent. p to find him—in the meantime the prisoner came down and entered into conversation with him—no luggage came.
Cross-examined. I am not aware that the chief porter has refused to attend to give evidence in your support—I do not know if you stood some time in the hall before you signed the book—we always ask every visitor to sign—I did not see you after 9 a.m.—the hall porter might be able to say if you were there till 11 a.m.
ISAAC MARKS . I am a member of the firm of Woolf, Greenfield Co., of Grove Road—the signature on this cheque is not mine; it is a very good imitation, but the "k" is not mine—I did not authorise anybody to draw this cheque, nor to sign it—this is the cheque book (Produced)—the number of the cheque is 42035, and there is a blank between 42034 and 42036.
Cross-examined. You were discharged because you did not attend to the business as I liked—you threatened to summons me for keeping back a day's wages because you had stopped away—you were not dismissed because you would not be a party to a prospectus—I know nothings of a prospectus saying that our sweets were made of healthy Substances—we have had dealings with the Eagle Confectionery Company—we have not done them out of their legal profits—I did not tell you that you would be
sorry for what you had done when you were dismissed—we paid you £l a week salary.
Cross-examined. We pay cheques to the Cocas Butter Company or to Mr. Archer on their behalf almost every week—we pay cheques to Mr. Hind from a different book—we never send open cheques to him; they are always paid through Mr. Hind's account—I do not remember whether you drew cheques for me to sign; you may have done so—I do not think we drew any cheques to Mr. Hind while you were in the office—the returned cheques are put loose in a till in the office where you sat—when I came in the morning you would be before me, and I would ask my partner for the keys to the safe—there is always someone in charge of the office—Hyman did not tell me that he had had a sovereign as a present from Archer—all money and cheques would pass through your hands if Leaderman was away—it might be £100 or less or more in a day—you would be in sole charge when Leaderman was away at lunch—business was carried on as usual in Passover week—Leaderman did not have a holiday that week—I was mostly ill while you were in my office—a complaint was made to me of your neglecting the business, but I had no complaint as to money—I do not know the amount of my credit at the bank the day you left, but whether it was sufficient or not the Bank would have paid any cheque presented.
CHARLES SIDNEY HIND . I am a solicior, of Ormond House, Great Trinity Lane, E.C., and have acted for Messrs. Greenfield for some years—the endorsement on this cheque is not mine—I have never received such a large amount as £86 10s. from them, and the state of my account with them is not consistent with that amount—I do not know the prisoner at all.
Cross-examined. I do not spell my name with an "c." nor do I abbreviate my name as "Chas."—I do not know whether that name is usually spelt with an "e"—all cheques that I have received from Messrs. Greenfield I paid into my account.
The prisoner, in his defence on oath, said that Archer, who had been making inquiries as to the financial position of the firm and as to the cheques and the manner of drawing than, had sent him a letter on the Monday after he had left the firm by a messenger at Aldqate Street Station enclosing a cheque; that Archer had learnt through a newspaper report that he, the prisoner, had been imprisoned through a quarrel with a cabman a few months previously, and that this letter instructed him to cash this cheque, or if not he, Archer, would tell the firm what he knew about him; that he recognised that the cheque was a forgery; that in order to entrap Archer he went to the Great Eastern Hotel, as arranged in the letter, where a commissionaire was sent to him by a previous arrangement, whom he sent to (he Bank with (he cheque telling him to get large notes so that they might be traced to Archer's account; that his intention was to tell Messrs. Greenfield what had happened; that he signed the visitors' book in the name of "Hinde" so that when the commissionaire asked for Mr. Hinde he (the prisoner) should be sent for, and that the note written by Archer had inadvertently been destroyed.
GUILTY . He then
PLEADED GUILTY to a conviction of felony at this Court on October 22nd, 1900. Three other convictions were proved against him The police stated that the prisoner obtained positions by forged references, and used the positions for the purpose of stealing. Five years' penal servitude.
436. CYRIL EDWARD SIMPSON, Committing acts of gross indecency with Leslie Goldsmidt Abrahams and Philip Hugh Lambert. Second Count, Procuring the commission by them of acts of gross indecency with him. Mr. Bodkin and MR. PETER GRAIN Prosecuted; Mr. C. F. Gill, K.C., and MR. HUTTON Defended.
NOT GUILTY .
437. GEORGE JONES (47) PLEADED GUILTY to obtaining by false pretences from Henry Harman. £100; from George Richardson, £60; from Mary Sullivan, £50; from Ethel Wade, £25; from Jane Hawkins, £10; from Alfred Fairrie, £2o; from Mary Anne Kittle, £25; from John Werren, £5; from Emily Howe, 10s.; from Rose Frost and Herbert Frost, £5; from Jennie Trenchard, £30; and from Luigi Monico, £2 10s.; also to stealing the said sums, the moneys of the said persons; also to incurring certain debts and liabilities to the said persons and obtaining credit by false pretences and by fraud. Fifteen months' hard labour.
WILLIAM JOHN THORN . I am the verger of St. Luke's Parish Church, and live in High-Street, West Norwood—between 8.30 and 8.40 p.m. on April 24th, I closed the church and left it in perfect condition—I went there next morning at 7.10 a.m. and found that two or three bottles of wine had been taken away, whilst others had been drunk, a glass decanter and a pair of scissors were missing, a cassock damaged, and a contribution box broken open, which I know contained about 1s. in farthings and half-pennies, because after every collection all farthings and halfpennies are put into this box, and it had not been cleared for five weeks—the value of the property taken was about £1.
Cross-examined. I sep the farthings and halfpennies put into the box by the churchwardens every Sunday morning and evening after the collection—two or three were put in on the Sunday when the church was broken open.
JAMES THOMAS HALL . I am. a licensed shoeblack, of 25, St. Cloud's Road, West Norwood, and am stationed about 70 or 80 yards from St. Luke's Church—on the night of April 24th I saw the prisoners sometimes outside the hotel, which is on one side of the station, and once or twice down the road—the station is between the hotel and the church.
Cross-examined. This is not a particularly busy place—I was off duty at the time—it was between 6 p.m. and 10 p.m. that I saw them frequently—I have seen them on other nights; it was nothing unusual.
lodged with me—on the morning of April 23rd he went out and did not come back again.
AGXES OSBORXE . I am a barmaid at the Norwood Hotel, West Norwood—we opened at 5 a.m. on Monday, April 25th—Virgo came in at 5.10a.m. and ordered a glass of ale, tendering a halfpenny and two farthings in payment—he also ordered a drink for another man, paying with four farthings—he came in just before 0 a.m., and I refused him, as he was intoxicated—Martin came in just after 7 a.m.
Cross-examined. The station is between the hotel and the church—both the prisoners were customers—Virgo was under the influence of drink the first time he came, but not so noticeable as the second time—if he had been drunk on the first occasion I should not have served him—Martin was all right when he came.
By the COURT Martin paid for his drink with a penny.
JAMES WIGGINS (7 P.) About 8.57 p.m. on April 24th I saw the prisoners near St. Luke's Church—the next morning I was informed that the church had been broken into, and at 8.49 a.m. I examined the premises and obtained a description of the property stolen—I found footprints of hobnailed boots near the vestry door, which had been forced open with a long iron bar (Produced)—I made inquiries and went in search of the prisoners—at 9.10 a.m. I saw Virgo, who was very drunk, go into the Thurlow Arms, West Norwood—I arrested him and told him that he would be charged with an assault upon his wife, and that probably the charge of sacrilege would be preferred against him—he said, "Sacrilege, what is that? I have been home all night"—I said, "I saw you near St. Luke's Church last night with Martin, and your movements will be inquired into"—I took him to the station, where he was detained, and with Detective Sergeant Lee I went in search of Martin, whom we found outside the West Norwood Hotel drunk—he was taken into custody by Sergeant Lee—they were both charged with the offence, and both burst out laughing—I searched Virgo—he produced a penny and said, "That is all the———money I have"—I found in his vest pocket one penny, two halfpennies, and four farthings.
Cross-examined. Virgo was charged some six hours after he was arrested—Martin was arrested at 11.20 a.m.—the Thurlow Arms public house is about 50 yards from the church.
EDWARD LEE (Detective Sergeant P.) On April 25th I arrested Martin—I told him I was a police officer, and that he would be charged with drunkenness, and that probably a case of sacrilege would be the subject of inquiry—I took him to the station—when charged he said, "I was at 13, Paxton Yard all night, and left about seven o'clock this morning"—I took both the prisoners' pairs of boots to the churchyard, and compared them with the footprints and found they corresponded.
Cross-examined. Martin was charged about fifty minutes after he was arrested; he was still drunk.
ERNEST HAIGH (Sergeant P.) On April 25th, in consequence of information that I had received, I went to St. Luke's Church, where I saw some footprints on a patch of clay soil near the vestry door—I took plaster casts which I took to the West Norwood Police Station, where I found that one cast corresponded in detail exactly with the nails in the sole of Virgo's boot—Martin's right boot had a curious piece of mending at the tip, which is exactly reproduced on the cast—I told them I should charge them with sacrilege at St. Luke's Church the night before—I had not finished speaking when Virgo said, "I have had nothing to do with it, nor any wine. What is there against me? Who saw me do it?"—Martin said, "I was at Camberwell all night; I lodge in a lodging house at Camberwell Road; I was never near St. Luke's Church"—I said, "You were both seen near St. Luke's Church by Sergeant Wiggins last night. The boots you have been wearing have been compared with footprints in the churchyard near the vestry door, and coins similar to those stolen have been traced to your possession"—Virgo said, "I earned them farthings, but I shall not say any more. You have mixed this lot up all right"—Martin said, "Blind me, you are hot stuff. This is all over for us"—the charge was read over to them, and they both burst out laughing.
Cross-examined. I charged them about 4 o'clock—I do not know if they had been charged before—I was not there when they were arrested—they both seemed to be recovering from the effects of drink—I should hardly say they were drunk—these boots are undoubtedly the sort of boots that are bought by the hundred thousand—I have never seen a nail driven in as it is in the tip of Martin's boot.
Re-examined. It would be unusual to find a pair of boots worn exactly to the same extent; the casts of the footprints are identical to a nail.
Virgo's statement before the Magistrate: "I reserve my defence before a jury."
Martin's statement before the Magistrate: "I know nothing about it." GUILTY . VIRGO then
PLEADED GUILTY to a conviction of felony a the South-Western Police Court on March 6th, 1899. Eleven other convictions were proved against him; and MARTIN to a conviction of felony at the Southwestern Police Court on March 19th, 1897. Forty previous convictions were proved against him. Fifteen months' hard labour each.
439. ALBERT EDWARD PIGRAM (43) , Attempting to carnally know Louisa Florence Pigram, a girl under the age of thirteen years Second Count, Indecently assaulting her. Third Count, Assaulting Louisa Florence Pigram, and occasioning her actual bodily harm.
MR. LYONS Prosecuted.
GUILTY . Nine months' hard labour.
MR. PICKERSGILL Prosecuted; MR. FITZGERALD Defended.
and gave me to understand by signs that he wanted to see some rings—I showed him a tray of rings with coloured stones, but he gave me to understand that they were not the rings he wanted to see, and he took me outside and showed me a tray of diamond rings in the window, which I took and put on the counter in front of him—he immediately picked up this diamond ring, worth £11 (Produced), and took it to the door to examine—on his return he placed this ring, worth 1d. [Produced], instead of the other on the tray—I waited to see what he would do, and after he had picked up one or two other rings I turned round suddenly and made him understand that I wanted my ring back—he tried to laugh it off, as if he knew nothing about it, and after several minutes I sent for a constable—while he was being fetched the prisoner returned me my ring—I cannot say where he brought it from; he may have had it up his sleeve—on the constable's arrival I gave him into custody.
Cross-examined. He does not know English; what conversation there was was carried on by gesticulations and signs—he seemed rather surprised when I taxed him with taking my ring—I think he understood what I meant when I sent for a policeman—the door was open all the time—it is a usual thing when customers buy diamond rings to go to the door to examine it by the better light—he did not attempt to get away when I sent for a policeman; there was no opportunity for him to do so—I think he was wearing a ring at the time—he did not show me any money.
ERNEST WATSON (Detective.) On May 5th I was called to Mr. Elkan's shop—Mr. Gerald Elkan said to me, "I want to give this man into custody for stealing a ring", and he produced two rings—I took the prisoner to the Bishopsgate Street Police Station—on being searched a purse containing £6 7s. 5id., two half francs, two rings, one of which he was wearing with a red stone in it, and the other in his waistcoat pocket, a gun metal watch and chain, one charm which he was wearing round his neck, a comb, and a split ring with a key on it. were found upon him—a pawn ticket was found in the lining of his hat, dated May 5th, which was the day he was arrested, to the amount of £5 for a diamond pin—another pawn ticket was also found in his pocket book, dated in 1899.
Cross-examined. We communicated to the address that he gave in Paris, but received no answer—I found an envelope with the address of Brinkley, Mitre Street, Aldgate, on it—we ascertained that he had been trying to sell lemons, but had done no trade.
The prisoner, in his defence on oath, said that he had come over to England on May 3rd to buy some bananas; that he went into Mr. Elkan's shop and asked for a ring with a white stone, and on being shown a tray of rings he took one and tried it on his finger, having a ring of his own in his hand at the time; that finding it was too big, he took it off, and while asking that another should be shown to him put his own ring in the tray by mistake
GUILTY . Nine months' hard labour.
OLD COURT.—Thursday, May 19th, 1904.
Before Mr. Justice Walton.
441. FREDERICK WILLIAM WEBB (51) , Being an attorney and. agent did unlawfully convert to his own use and benefit two cheques for £162 10s. and £325 entrusted to him by Frederick Davis with a certain direction in writing as to their application. (Larceny Act, 1861). Second Count, Being, as attorney and agent for Edith Mary Mitchell and Robert Johnston Mitchell, entrusted with two cheques for £162 10s. and £325 for safe custody, did unlawfully and with intent to defraud, convert the same to his own use and benefit. (Larceny Act-, 1861). Third Count, Having been entrusted with a cheque for £162 10s. in order that he might retain the same in safe custody, did unlawfully convert the same to his own use and benefit. (Larceny Act, 1901). Fourth Count, Having been entrusted with a cheque for £162 10s. in order that he might apply the same to the benefits of the Plaintiffs in a certain action, did unlawfully convert the same to his own use and benefit. (Larceny Act, 1901). Fifth Count, Having received a cheque for £162 10s. for certain persons, did fraudulently convert the same to his own use and benefit. (Larceny Act, 1901).
MR. WALLACE submitted that as "Section 75 and 76 of the Larceny Act, 1861, had been repealed by the Larceny Act, 1901, the counts in the indictment charging offences under the Act of 1861 were bad, unless there was a saving section in the repealing Act, which there was not (Reg. v. Smith, L. and C, page 131). Mr. Bodkin pointed out that the matters forming the subject of the earlier counts of the indictment took place whilst the Larceny Act, 1861, was still in force, and relied on Section 38, Sub-section 2 (c.) (d.) of the Interpretation Act, 1889. Mr. Justice Walton held that the Interpretation Act,. 1889, applied, and that Sections 75 and 76 of the Act. of 1861 had not been repealed in respect of acts committed before January 1st, 1902, and that the case must be tried. Mr. Wallace then submitted as a matter of evidence as to the count under Section 75 that there was no direction in writing by the Mitchells as to the application of the money, and further that it was necessary that the direction should be written by the person entrusting (Reg. BROWNLOW 14 Cox, page 216). And further as to the counts both under Sections 75 and 76 that there was no entrusting within the statute.
MR. STEPHENSON submitted that the order of Kekewich J. constituted a direction in writing; and that it was not necessary to name the entrustor in the indictment, or that it should be written by the entrustor. Further, as to the count under Section 76 that if Davis handed the money to the prisoner for safe custody, until he paid it into Court, an offence would be complete under that section, and there would be no necessity for a direction in writing (Reg. v. FULLAGAR, 14 Cox, page 370; Reg. v. Newman, 8 Q.B.D., page 706. He also referred to REG. v CHRISTIAN, 12 Cox, page 502: Reg. v. CONMIRE. 16 Cox, page 42) MR. JUSTICE WALTON said that in his opinion, if there was any entrusting it was by Davis, that he should not stop the case, but would state a case if it ever became necessary.
EDITH MARY MITCHELL . I am the widow of Robert Johnston Mitchell, who was an omnibus driver—my maiden name was Coombes—Mr. Robert Coombes was my uncle—he died on March 4th, 1880, leaving £20,000 to be divided amongst eleven nephews and nieces, of whom I am one—I was twenty-one on May 21st, 1801—I was married on May 13th, 1890—my share of the £20,000 was being looked after by the Chancery Division of the High Court of Justice—there was an action going on with regard to it—shortly after my marriage I got to know Mr. William Martin Baker, a solicitor—we talked over my affairs, and Mr. Alfred Thomas Fowler and Mr. John Baker became my trustees—this is a copy of the settlement, dated June 15th, 1891—I had a discussion with Mr. Baker, and he and Mr. Charles Edward Moore then became my trustees—I had had some advance out of the money from Mr. Baker—in 1897 he was convicted in reference to some money, and Moore became bankrupt—Mr. Davis acted in the bankruptcy—I went to Messrs. Wontner, solicitors, of Ludgate Hill, and had some negotiations with them as to getting my money from Moore's estate—there were difficulties with regard to that, and about 1889 or 1900 I saw the prisoner, who was introduced to me by my husband—I told him about my share in the £20,000, how I had been trying to get it, and also about Baker—I have a little boy aged eleven—I told the prisoner that the money was to be settled on the boy, and I was to receive the interest upon it—I took my boy with me when I went to see the prisoner—we had some correspondence about my affairs—he told me he had taken some proceedings in the Chancery Division to get what was left of my money (Mr. Wallace slated that Messrs. Wontner had taken the proceedings.)—I remember signing this Deed of Compromise, dated March 3rd, 1900 (Staling that £650 was to be taken as the residue of the Trust funds remaining in the hands of the trustees)—I have received small sums from the prisoner since September, 1900—I went to his office to get them—I did not get the £650—I never got anything except the small sums he eave me, which would not exceed £50—he never sent me any money without my asking for it—it was not always easy to get it—after September, 1900, and after the prisoner received the £650, my husband asked for the advance of £50—the prisoner said no, it was impossible, and could not be done, because the money had to be settled on the boy, and it was more than he dare do—after that my husband asked him where the money was, and he said it was invested in Consols—my husband asked to see the broker's note—the prisoner said he could not show it to him then, but he would later on—he never showed it to us—he afterwards said that he had invested the money with his friends and clients—he did not give us their names—we got no regular interest, only what we went and asked for—he never gave us any other account of it—about October, 1903, I went to his office on a Tuesday, and he told me to come back on the Thursday—when I went back I saw some gentlemen from the Bankruptcy Court—that is the first time I knew of his bankruptcy—I have had cheques from him which have been dishonoured—I remember receiving a letter from him which I have destroyed—this is a copy of it:
Read) "April 6th, 1900. Dear Madam,—Mitchell others v. Baker others. In reply to your letter of even date, I yesterday attended before the Master for an Order sanctioning the Deed of Compromise. After hearing both sides and reading the evidence put before him, he adjourned the summons until the 26th inst. for further evidence to be filed, and to give him time to consider whether the terms offered were for the benefit of the infant. You must please remember that the only person studied by the Court is the infant, and the sole question is whether he will benefit by the terms offered.—Yours faithfully,FREDERICK WILLIAM WEBB"—this is a letter in my writing: (Read) "March 20th, 1902. Mr. Webb. Sir,—My husband as arranged with his governor to get off to-morrow Friday to come with me to your office, according to the arrangement I made with Mr. Mills. We will be at your office at eleven o'clock.—Yours faithfully, E. M. Mitchell"—this is a receipt by me (Read) "August 15th, 1902. Received from F. W. Webb up to this date the sum of thirty-three pounds (£33).—E. M. Mitchell"—I had received that sum up to that day.
Cross-examined. By the settlement after my marriage, my husband and myself were to enjoy the interest for life—I was first introduced to the prisoner about the beginning of 1900—my husband and I consulted a good deal about this money, as to what ought to be done and where it ought to be invested—we did not think the interest that we got from Consols was small—the prisoner said that when he invested it with-his friends and clients it would be worth £100 a year more; instead of being £650, it would be £750—I did not know it was not invested in Consols until the prisoner said so—when he said it was with his friends and clients I asked for their names, and who they were, and he said he would tell me some other time—my husband went to see him very frequently in 1900—sometimes he went alone—when we went during the last three or four months of 1900 it was not to get anything, because I had money from Mr. Davis, and I was not in need of any more—I do not remember hearing my husband say in September, 1900, that the interest from Consols was very small, or that we should like it invested in something which would bring in a larger interest—I never heard my husband say that the prisoner could use it for his clients and get a little more interest than he got on Consols—I first knew that it was with his clients some time after he had received it—my husband told the prisoner that he had some money coming to him from his father's estate in Scotland when his father died—he did not say that any money which had been advanced could then. be repaid—we wanted an advance of £50, but I do not think the money from Scotland was mentioned at all—I have been to the prisoner's office many times, and waited for days and days, and could not see him—I did not always go to ask for money—I received cash as well as cheques—I do not know how much I received in cheques—I kept no account—I received about £40 in cash—I have had up to a sovereign and as low as threepence from him—I have never had more than two sovereigns from him at once—I gave him a receipt for £33, but that was not all received at one time—the body of the receipt is in his clerk's, Mr. Mills, writing—did not see the prisoner on that occasion—he once gave my husband
a cheque which was dishonoured—he got £2 once, but nothing else, unless he prisoner gave it to him unknown to me—apart from the cheques, we received about £40—we were indebted to the Midland Furnishing Company—when I went and told the prisoner how we were placed with the Furnishing Company, owing to my husband being out of work, he said he would pay the money monthly until he got into work, and he paid £1—the money had to be paid by instalments, as we had bought some furniture on the hire system—I asked the prisoner to pay it, so that I should not lose my home—we did not then go and get some more furniture from the Midland Furnishing Company—I do not know that the prisoner paid them £20 on our account—I have had the things taken away since this case, as I could not keep up the amounts—I think the whole sum only came to £20, and I had paid a considerable amount before the prisoner took it on—he took my book—I wrote this letter to the prisoner (Dated March 16th, 1903, and asking if the prisoner could see her husband on Wednesday or Thursday, and let him have what he (the prisoner) had promised her, as she and her boy wanted some new clothes for the Easter holidays)—my husband acted for me in the matter.
Re-examined. "We only occupied two rooms—this is my book with the Furnishing Company (Produced)—the first account was £10, and then we got some more furniture, which brought it up to £27 14s., but that had nothing to do with the prisoner—my weekly payments came to £12 6s. 6d.—the prisoner never paid them £20—I have lost my furniture and the £12 6s. 6d.—we got the second lot of furniture about two years ago—I think my husband always told me what the prisoner had given him—I do not know if he went" to him unknown to me—when he was out of work I would say to him, "I cannot go over; go and see if Mr. Webb will do anything for us"—for days he has gone and got nothing—he never brought anything except the £2—I do not know the date when the prisoner said the money was with his friends and clients.
FREDERICK WILLIAM DAVIS . I am a chartered accountant, of 95, Finsbury Pavement—I acted as a trustee in the bankruptcy of Charles Edward Moore—he became bankrupt about the same time as Mr. Martin Baker—they were closely connected—in the course of Moore's bankruptcy the prisoner proved for a debt of £650—I do not know if the original order was produced to me personally—it would be produced to my cashier before the dividends were paid—the prisoner's proof was admitted in the bankruptcy for that sum, and also for £50 costs—the interest would follow on the same proof—by my administration of the estate, in September, 1900, there were sufficient funds to pay 5s. in the pound, and also to pay a further sum of 10s. in the pound—on September 1st a cheque for £162 10s. was paid to him in respect to the dividend of 5s. in the pound—it was perforated by the bank on September 6th and crossed "Birkbeck Bank" this (Produced) is the prisoner's receipt for that sum; it is signed "Frederick William Webb"—I do not know the prisoner's writing—the Board of Trade draws the cheque upon my application—I had been served with the order of Mr. Justice Kekewich before the cheques were drawn—on September 5th a cheque for £25 10s. and one for £12 10s. were sent to the prisoner in respect of costs, and on the same day
a cheque for £325 was drawn in the same way, representing 10s.—in the pound (Produced), endorsed by the prisoner and crossed "Birkbeck Bank"—this is the receipt for it—there was another cheque for £97 15s. 4d. on March 12th for dividends, and represents interest upon £650 at different dates after the payment of the respective dividends—it is endorsed by the prisoner and was paid into the Birkbeck Bank and perforated on March 14th—this is the receipt—I produce another cheque for £162 10s. on March 14th, 1902; that was drawn in the same way by my authority, and it is endorsed "F. W. Webb", and was paid through the Birkbeck Bank, being perforated on March 15th—this is the receipt—those payments represent the whole of the capital of £650. for which the prisoner proved in the bankruptcy against Moore's estate—I have also paid £50 in respect of costs and £7 10s. 5d. in respect of interest on the £50.
WILLIAM THOMAS MOORE . I am a clerk in the filing department of the Royal Courts of Justice—I produce the file in the action of Robert Johnston Mitchell and Edith Mary Mitchell, his wife, and Robert Johnston Mitchell, an infant, plaintiffs, and William Martin Baker, Charles Edward Moore and Edward Leadam Hough, Senior Official Receiver in Bankruptcy, the trustee of the property of the said William Martin Baker, a bankrupt, and Frederick William Davis, trustee of the property of Charles Edward Moore, a bankrupt, defendants—the action was commenced in the Chancery Division in November, 1896—it was assigned to Mr. Justice Kekewich—I find an affidavit purporting to be signed by Frederick W. Webb, dated April.3rd, 1900 (This stated that the action was commenced on July 7th, 1891, by Messrs. Wontner; that subsequently the prisoner acted as solicitor for the infant, and was now solicitor for the plaintiffs; that the Writ of Summons was, pursuant to Order dated November 20th.1896, amended on November 25th, 1896, and was, pursuant to Order dated July 30th, 1897, re-amended on August 17th, 1897; that for many months negotiations had been pending for a compromise of the action which had resulted in the Deed of Compromise, dated March 3rd, 1900, being entered into; that having regard to the fact that Moore, and Baker had been declared bankrupt, and having regard to the recital contained in the Deed of Compromise, he believed that it was for the benefit of the infant that the terms of the said deed should be carried out, and that Counsel had been instructed to advise on behalf of the infant.)—this is an official copy of an Order dated July 16th, 1900, by Mr. Justice Kekewich, with a lodgment schedule.
WILLIAM THOMAS KIRKBY . I am a clerk in the department of the Paymaster General in the Supreme Court—there is a register kept known as the Judgment Register for the Chancery Division—any money paid to the credit of an action in the Chancery Division is entered in it—I have searched the register, and can find no money as having been paid in an action of Mitchell against Baker and others—no money has been paid in since the Order of 1901 by Mr. Justice Kekewich.
ISAAC NEWTON EDWARDS I am a clerk at the Birkbeck Bank—the prisoner kept an account there—I produce a certified copy of hi? Account from September 5th, 1900, to its close—on September 5th, 1900, there was a credit balance of £138 3s. 1d.—on that date drafts were paid in amounting to £525 which brought his balance to £663 3s. 1d.—during the
rest of September about £111 was paid in. and by November 1st the credit balance was £23314s. 8d.—towards the end of January, 1902, the account was overdrawn £14, and continued to be overdrawn up to March 12th—on March 14th £175 was paid in, which brought the credit balance up to £273 Os. 9d.: which included £105 5s. 10d., which was paid in on March 12th—the £175 consisted of cheques for £162 10s. and £12 10s.—from March the account was operated upon, and it dwindled down to June 23rd, 1903, when it was 14s. 4d. overdrawn—it remains like that now.
GEORGE INGLIS BOYLE . I am a messenger in the London Bankruptcy Court, and produce the file in the bankruptcy of the prisoner—the petition was on July 23rd, 1903. and the adjudication on October 24th 1903—the total liabilities were £5,102 19s. lid., and the assets £269 3s. 11d. the deficiency being £4,833 16s.
Cross-examined. I do not know how the figures are made up.
JOHN BROUGHTON KNIGHT . I am an examiner in the Bankruptcy Department of the Official Receiver—I acted in the prisoner's bankruptcy—I do not think I saw him before the statement of affairs was prepared and filed—in the first statement of affairs there is no reference to Mrs. Mitchell's case—I heard something in reference to her; I noticed the omission, and had a conversation with the prisoner in reference to Mrs. Mitchell's case on October 26th—I took down a short statement to the formal question as to whether he held any property in trust; he answered, "No"—he said afterwards that he had not complied with the terms of the Order of July 16th, 1900, but had advanced about £300 to Mrs. Mitchell, and the balance had been lost in his business—on January 21st, 1904, I had a longer conversation with him about Mrs. Mitchell's matter, and he made this statement, which I took down: (Partly read)"In addition I owe the Mitchell Trust £500, contracted in the following circumstances, and excluded from my first statement of affairs because I thought it was a debt from which I could never obtain a discharge except by payment in full. In May,.1900, I was introduced to Mr. and Mrs. Mitchell, then of Camden Town, by Mr. Marman, a solicitor's clerk, of Brompton, formerly a bailiff in the Westminster County Court. I did not promise Marman any share of my costs. He said so, but it is untrue. Mr. and Mrs. Mitchell had, they told me, been advised by Messrs. Wontners, to whom they were unable to pay more money on account of costs in a Chancery action brought by them 'to recover funds held by W. M. Baker, of Gray's Inn, and C. E. Moore, of Gerrard's Cross, as trustees of a post-nuptial settlement, dated June, 1891. Baker was in gaol, and Moore was a bankrupt. Wontner's had practically arranged a compromise by which new trustees were to be appointed, who were to prove against Moore's estate (Davis trustee) for £650, and Mrs. Mitchell was to get £50 for overdue interest. I, after a great deal of trouble, carried out this compromise, which in July, 1900, was sanctioned by the Court, except that instead of new trustees being appointed (at the Master's suggestion), I was to prove the debt, and the moneys were to be paid to me. I to pay them into the Court within ten days. I to receive £'90 for costs. On September 5th, 1900, I got two cheques from the trustee for £325 and £162 10s., which I paid into my banking account in the Birkbeck Bank. I did not pay the money into
Court. Mr. and Mrs. Mitchell requested me not to do so, and urged me to use the money in my business and for my clients, and pay them interest at per cent, instead of £2 per cent, as invested in Consols, and because Consols were then high, and would, they were sure, decrease in value. There is nothing in writing to support this statement. From time to time they applied to me for capital, which I let them have in the following amounts: May 16th. 1901, £25; June 9th. 1901. £2; July 11th, 1901, £1; August 1st. 1901, £2; October 18th, 1901, £10; November 8th, 1901, £5; December Kith, 1901, £5; February 10th, 1902. £9: March 7th, 1902, 10s.; March 10th. 1902, £1; March 11th. 1902, £1; March 15th, 1902, £2 10s. total £(54. By the end of January, 1902, my account was overdrawn, and I am unable to point to any specific investment of any part of the moneys. Signed, Frederick William Webb, January 21st, 1904"—the bankruptcy estate has received part of that £(550—in the course of the bankruptcy the prisoner's letter book passed into my possession—I find the original of Exhibit 2 in letter book 5 (Deed of Settlement)—it is signed by him—I am acquainted with his writing—each of the cheques representing the dividends and other payments out of Moore's estate are endorsed by the prisoner, as well as the receipts—the writing on the receipt for £33 is not in his writing; he told me it is his clerk's—I have found no list of payments made to Mrs. Mitchell among the prisoner's papers, except Exhibit 24—I have made a list of cheques drawn to her from the prisoner's pass book—I find that, according to the pass book, giving credit for her having received the £33 mentioned in this receipt, that £74 14s. 6d. has been paid to her—I have no evidence of any money paid by him to her not by cheque—I can find no record of any such payments to her or to any Furnishing Company, or on account—there is no cash book at all—there were some diaries partly kept, but beyond that, practically nothing—he kept no. books of account—I cannot ascertain what the total amount paid to Mrs. Mitchell is other than the £71 14s. 6d.—as a rule, the counterfoils have on. them "Mrs. E. M. M.," which I have taken as being Mrs. Mitchell—some of the sums may have been paid to her husband.
Cross-examined. There was an earlier statement of account for £41—I think it was dated March, 1902, which with the £74 makes £116—when the prisoner first filed his statement of affairs it did not include the £650—he did not say that he had not included it because it would not be a question of dividends from the bankruptcy; he said it was a debt from which he could never obtain his discharge—it was included in the amended. statement on the Official Receiver's requirements, not on my advice—some £4,000 of the £4,800 deficiency is a family matter; it did not appear as a claim by the debtors in the original statement of affairs—I got a statement from the prisoner that this indebtedness had arisen years before to his brother, Colonel Webb, and other friends, and that they would no claim it—they have not done so—I should not say that, apart from that family debt, the prisoner owed practically nothing—the £269 assets did not exceed the liabilities apart from the family debt and the £650—there is a considerable amount due to the bank; it has been claimed—there has been no dividend paid yet—I know that the claim is disputed—apart from
the family claim and the Mitchells' the total defalcations are about £2,000. which includes the bank—excluding the Mitchells, a gentleman named Goodall, and the family, the indebtedness is not large—the family have not proved their debts—the 1'2269 assets are absolutely bad; the Official Receiver has not been able to recover,) 1/4 d. of it—the bank's claim is £1,2.35—I first heard of the Mitchell case from Mrs. Mitchell, and not from one of our officials—I do not know that the prisoner mentioned to one of our officials how it ought to be entered—when I asked him he told me how the matter stood, after some little trouble—he said that he had had the £650, and gave me an account of what he had done with it—he said one of his clients was Lionel Smith, who owed him £400—Smith went bankrupt—iheard that it was partly that bankruptcy which had brought the prisoner down.
Re-examined. The prisoner said that he had advanced £250 or £300 of the £650 to Mrs. Mitchell, and the rest he had lost in his business—he said he had lost his costs in Smith's affair.
EDWARD PARSONS (Police Inspector.) On March 30th, with another officer, I arrested the prisoner—I said, "We are police officers; I hold a warrant for your apprehension for the misappropriation on September 5th, 1900, of a sum of £457 10s., the trust moneys of Edith Mary Mitchell"—he said, "I have a complete answer to the charge"—shortly after I read the warrant to him and said, "There will be a further charge preferred against you. of misappropriating £162 10s. in March, 1902, the moneys of the said Edith Mary Mitchell"—he said, "Yes, I understand"—he was formally charged at the station, and repeated that he had an answer to the charge.MR. JUSTICE WALTON said that he did not consider that there had been any entrusting, and that the evidence did not support Counts 1 and 2, which he would, therefore, withdraw from the jury.
The prisoner, in his defence on oath, said that he was admitted as a solicitor in 1875; that, apart from the family matters which had not been claimed for and the £650. his first statement of affairs showed solvency; that he made a claim for £250 against the Mitchells as having been advanced to them; that when he received the money from Moore's estate he paid it into his own account; that Mr. Mitchell came and asked him not to pay it into Court, as he and his wife had been talking the matter over and wanted him (the prisoner) to use if in his business, and pay them 3 percent-, interest that he gave Mitchell £2; that he came time after time with his wife and had more money: that Mitchell said he was entitled to money on the death of his father, and any sum which he had had would be recovered: that they had at least £250 from him; that while Mitchell was ill he (the prisoner) advanced them from £3 to £5 weekly for some weeks; that he had not kept an account of the money, as he (rusted them as they trusted him; that he let Mitchell have money from time to tune to pay the Furnishing Company; that the rest of the money was lost in his business as he had made a lot of bad debts, but that he had no! benefited by it.
GUILTY on Counts 3, 4 and 5.
NOT GUILTY on Counts 1 and 2. Eighteen months' hard labour.
NEW COURT.—Thursday, May 19th, 1904; and
OLD COURT.—Friday, May 20th, 1004.
Before Mr. Recorder.
JAMES BALDEGGER . I live at 7, Mabledon Place, Euston Road, and am a hotel and restaurant keeper—on April 23rd. about 1 a.m., I admitted one of my customers—he was followed up by Stevens, who tried to prevent the door being shut—I asked him what he wanted—he said he wanted some money for the boy, meaning, I suppose, his friend with him—I pushed him away and shut the door—four minutes afterwards the bell rang, and I opened the door—Stevens pulled me out by my coat, and began hitting me—he gave me a blow over my left eye—I tried to defend myself—I am quite certain the prisoners are the two men who were there—Neal hit and kicked me on my legs—my door shut, and I had to ring, during that time they were knocking me about right and left, Neal giving me a terrific blow on the jaw—my wife came to the door, and the prisoners ran away—she went for a policeman—I next saw them about ten or fifteen minutes afterwards in custody—at the police station I discovered the loss of my watch—this is it, and my chain, worth about 35s.
Cross-examined by MR. FOWKE. I have had a sign outside my house for eight or nine months—a good many married couples come to my house—Neal has never been there with a woman—it is a rather rough neighbourhood—I only take in decent people—Neal ran into the Mews, and was rrested there—when attacked I defended myself—I did not. hit Neal—I did not hear him say when charged that he went down the Mews to get out of my way—I was afraid of the prisoners—this was the first time I ever saw Neal.
Cross-examined by Stevens. I was not standing on the doorstep when you passed—you came and rang the bell, and pulled me out and attacked me—I did not fall while trying to open the door, which had shut—it is not a fact that there are constant quarrels with foreigners outside my house.
Re-examined. I was bleeding freely from the face, and one wound had to be stitched up—anybody who hit me would have bloody hands.,
CHARLES BOURNE (21 YR.) 'On April 23rd, about 1 a.m., I was called to Mabledon Place—I saw the prisoners walking up the Mews together—I took them into custody—I had received information from the prosecutor, who gave me their description—Neal, when charged, said. "I don't know nothing about the man"—the skin of his hand was pushed up as if he had struck something very violently, and it was covered with blood.
Cross-examined by MR. FOWKE. He gave no explanation—he said something about a tin of condensed milk.
By the COURT, The prosecutor appeared to be dazed—his eye was
swollen and completely dosed, and there were two cuts. I think, on his eyelids—one of the wounds was stitched by the divisional surgeon.
Cross-examined by Stevens. I searched you after we saw you hiding a chain away—I saw another constable find the prosecutor's watch somewhere in your boot.
ALFRED HKNTV (101 E.) I arrested Stevens, and searched him at the station—I found a watch concealed in his right trouser leg at the bottom—this is it—I afterwards found a chain concealed behind the dock rail.
Cross-examined by Stevens. I took the watch from the lining of your trousers at the bottom.
Cross-examined by MR. FOWKE. Neal has been at work lately Stevens, in his defence, stated that there was no lining hi his trousers that no watch could lodge, there: that his hands were examined at the police station, and there was no blood on them.
GUILTY . Stevens (then PLEADED GUILTY to a conviction of felony at Clerkenwell on October 5th, 1896. in the name of James Daley. Seven other convictions were proved against him. Two summary convictions were proved against Neal, and he was staled to have given great trouble to the police. The Secretary of the Catholic Prisoners' Aid Society stated that Stevens had made a sustained effort to lead an honest life since coming out of prison. STEVENS— Twelve months' hard labour: NEAT,— Six months' hard labour.
443. EDITH MARIAN JAMES (22). otherwise HENSON , otherwise HILL . Obtaining from Samuel Jones 7s. by false pretences, with intent to defraud. Other counts, Obtaining other sums from other persons by false pretences, with intent to defraud.
MR. PURCKLL Defended.
SAMUEL JONES . I am clerk to Messrs. Baynes Co., stationers, 120, Cannon Street—in January the prisoner called on me, giving the name of James—she said. "I have called in respect of the insurance of your keys, which is due"—I said, "The insurance can hardly be due, as it has only just been renewed"—I was insured in the British Key and Property Registry, Limited, and that name was mentioned by me—she said. "I am agent for that company: the Key Registry have bought up that company, together with some others, and are carrying on business in the style of the Key Registry, 429 Mansion House Chambers, Queen Victoria Street'—we discussed terms, and she. mentioned 7s. for seven years, or a guinea for life—I chose the seven years and paid her 7s.—she gave me this receipt, "S. Jones, Esq., 120, Cannon Street, 7s., seven years"—that gives my number as:1952, and is signed "M. James, Agent"—it is headed "The Key Registry; chief office. 429. Mansion House Chambers, Queen Victoria Street, E.C."—the receipt also has printed on it, rules and conditions—this is one of them: "Special insurance guarantee coupons will be issued annually after December of each year during the unexpired term, granted to holders of the Registry's labels free of charge"
—I was promised the policy in a fortnight, but it never came—I got a metal tablet at the time, which was to be attached to the keys—I believed her statement that the British Key Company had been bought up by the Key Registry; I should not have parted with my money otherwise.
Cross-examined. The conversation lasted about five minutes—I have frequently been canvassed by other insurance agents most of whom are young ladies—there is apparently sharp competition between them—they usually try to impress one with the benefits of their own company, and give very glowing accounts of it—I have not lost my keys since I parted with the 7s.—I wanted to insure my keys for 7s.—I have not set this prosecution on foot—I do not know that this prosecution is by rival institutions—I do not know who is supplying the funds.
THOMAS HASSAN COWPER . I am London manager of the British Key and Property Registry, Limited, of (64, Finsbury Pavement—our business is that of insuring keys, and nothing else—I have known the prisoner for five or six years under different names, but have never seen her before—she has never been in our employ—our company has not been bought up by the Key Registry, nor has it amalgamated with any other company—the prisoner has no authority to mention our name—she is not our agent.
Cross-examined. There are several companies doing key insurance—it is the practice to give persons insuring life policy coupons—which are issued by one of the Accident Companies, not necessarily the Ocean Company—coupons are issued in large numbers under a master policy, and we can do what we like with them—we employ canvassers—some ladies collect for us.
Re-examined. To say that our company had been bought up would be an exaggeration—it is not possible to carry on a key insurance business without proper books of registration and so on.
FRANCES MARY BUXTON . I live at 42, Grosvenor Gardens—my father, Mr. Francis William Buxton, was abroad on April 14th—I was at home—the prisoner called between 2 and 2.30, and said she was Miss Henson and had come for the money to be paid for renewing the insurance for his keys—she did not mention the company—she said my father had last paid it seven years ago, and that it should be paid that day for another seven years—the amount was £4 4s.—I asked her if it could not wait for a fortnight, when my father would have returned to England—she said it could wait if I liked, but in that case he would have to pay the policy as well as the premium over again amounting to six guineas—I Said I did" not quite understand about it, and she said. "I am only an agent myself, I do not know all the details of the business", and she added that in cases like mine, in which there was some doubt, they were allowed, to write on the back of the receipt that should there be any mistake the money would be returned—I then gave her an open cheque for four guineas—this is it—I wrote the same night to stop it from being paid. but was too late—she told me to draw it to "E. M. Hill", who, I think, sire said was the secretary—she gave me a receipt—I believed her story.
Cross-examined. No name of any insurance office was mentioned by her during the conversation—I understood she was going from house to house canvassing.
FRANCIS WLLIAM BUXTON . I live at—42, Grosvenor Gardens, and am a director of the Union Bank—in April I was abroad—my daughter looked after affairs at home—I have never insured my keys in any office—I have never heard of the Key Registry or the Key and' Property Registry—I have never seen the prisoner before, to my knowledge.
WILLIAM HAROLD GARDINER . I am a director of Messrs. Gardiner & Co. Limited, Australian merchants, at 12, Redcross Street, City—the prisoner called on me on February 10th, for a renewal of premium on registration of keys—I made inquiries of clerks and found that we had no such insurance—she (hen pressed me to insure all the office keys, and said that her insurance was guaranteed by the Ocean Insurance Company—she said she represented the Key Registry, but the idea given me was that it was practically a branch of the Ocean—in addition to the policy, she said we could have any quantity of labels we required—I believed what she said, and decided to insure—she told me it was as. for an annual insurance but a guinea for cither ten or twenty years, some considerable period—I chose the guinea one and paid her by cheque payable to the Ocean Insurance Company—it was drawn by my clerk, but the words on it. "E. M. Hill, Secretary," are not his writing—she gave mo a receipt—I never received a policy or tablet—my cheque has been paid.
Cross-examined. I have never insured my keys before, but I had heard of the system—I did not then know that the Ocean Insurance Company sells coupons, but I have heard so since—I do not think I misunderstood her when she promised me a key policy from the Ocean—I wanted to insure my keys, but in any case 1 should have wanted to know the name of the office and the reputation it bore before parting with my cheque—I am sure she said she was guaranteed by the Ocean, and it was not a question of giving coupons.
Re-examined. I never got anything for my money.
ALFRED BOND SHELLEY . I am assistant secretary to the Ocean Accident and Guarantee Corporation. Limited, of.36 to 44, Moorgate Street, and have been for ten years—I do not know the prisoner at all—she is not our agent—my company does not deal with key insurance, and has no connection with the Key Registry in Queen Victoria Street.
Cross-examined. We sell insurance coupons which are bought by, among others, key insurance companies—the coupons are an insurance against, accident, generally against railway accidents—they are sold to approved applicants.
Re-examined. If the prisoner or anybody else wanted to buy coupons from us. they would have to fill up a form of proposal—the prisoner never sent us a form.
and live at 24, Revilly Street, Bromley by Bow—I received instructions to make inquiries at Mansion House Chambers, and went there about 11 a.m.—I found the place on the top floor—on the door was "E. M. Hill" and "The Key Registry"—the door was locked—I went again the same afternoon about two o'clock—I found the door locked just as in the morning.
CHARLES JOHN NOLLHARDT . I am secretary to Messrs. Snm Edgar, of Regent Street and Piccadilly—on February 8th I saw the prisoner—she gave the name of James—she said she had called with reference to the renewal of the key registration—we had no key registration at that time—I said to her, From the National Safe Deposit Company, do you call?"—she said. "Yes"—I said, "Oh, the registration I had has expired long ago"—she said. "Oh, no, it is still alive, it is for seven years"—I said, "It is much further back than that that I had the registration from there"—she said, "That may be, but it is still alive"—I said. "It is fourteen or sixteen years buck; there must be some mistake"—she said, "That may be, but it is still alive on our books; can you show me the label?"—I had the old label, and showed it to her—she read out the number on it, and said, "Yes. that is all right, it is still alive on our books"—she then said, "I wish to propose to you a new style of insurance, an insurance for life for 21s.—I said I know her company very well, because my company had originally an office in the same building—she said the department of the key registration had grown so large that they had to take new offices in Mansion House Chambers, we could have us many labels as we liked, and, in addition to the ordinary insurance, which would cover repairs to safes, supposing—the keys had been lost and the safe broken open, it would cover any little personal loss, such as a hat or umbrella—I paid her 21s., and she gave mo this receipt—I believed her statements to be true, and that she was an agent of the National Safe Deposit Company—she asked mo how many labels we would like, and I said I thought twenty-five would be sufficient—she said, "I will send you on the policy to-morrow, but the labels will take a week or ten days"—I have never received the policy or labels.
Cross-examined. I have never lost my keys—I asked her if she came from the National Safe Deposit Company—I noticed that the receipt said nothing about that company, but I had been disarmed on that point by the separate office and separate department—what I wanted was to insure my keys.
ARTHUR EDWARD HANFORD . I am general manager to Messrs. piers and Pond, of New Bridge Street, City—on March 10th the prisoner came to see me—she gave the name of James, and said she had called. about the renewal of the subscription for key registration—I said, "What keys?"and she said, "Oh, you have been registered for some long period, and the subscription has now expired"—I remembered that I had had an old label which had been destroyed and been replaced by a new one from the National Safe Deposit Company, and I thought that might be what she referred to, so I asked her what it was—she said she did not really know, adding, "You have the keys under your hand with the
label on"—I said, Yes. that—is the National Safe Deposit Company"—she said, "We are the National Safe Deposit Company"—I Said, They are at 1. Queen Victoria Street, and you are at 14, Queen Victoria Street"—she said, "Yes. but the key registration business has grown so, it has boon transferred to 11, separated from the Safe Deposit business"—she then detailed the advantages she could offer, and the subscription was fixed at two guineas, which was for life. I think, but I am not certain—I said, "What do we get for the two guineas?"—she said, "You can have as many labels as you like, and we shall pay the rewards twice in one year if keys are lost"—I paid her two guineas in cash—she gave me this receipt, signed "James"—I drew attention to the fact that the National Safe Deposit Company's name was not mentioned on the receipt, and she said the Key Registry was the new name under which the National Safe Deposit Company's registration business was carried on—I did receive labels enclosed in a letter signed "E. M. Hill," together with a printed form with no signature or stamp, and this aroused my suspicions, and I made inquiries concerning the Key Registry—at the time I handed her the cash I believed she was a duly authorised agent to receive money—I should not have otherwise handed the money over.
Cross-examined. I believe I have heard of one other company doing key insurance business in London—I have never been visited by other canvassers before—I have not lost my keys—I wanted to insure them, so as to recover them if lost—I never had canvassers from the National Safe Deposit Company.
CHARLES ARTHUR WOODWARD . I am Chief Clerk to the National Safe Deposit Company, Limited, of 1, Queen Victoria Street—that is our only address—I control our key registry department—the prisoner has never been employed by our company, and has never had any business connection with us—she had no authority to use our name—we have lever removed our key registry department at all—I went several times 42, Mansion House Chambers, which is 11, Queen Victoria Street, And found he door'always locked—nobody came during the time I watched—members of my staff also watched—a man came on March 10th at 7.30 and collected some letters—I sent a registered letter to the address—it was returned to me marked "Gone away"—I went there several times to serve an injunction, but did not succeed in serving it there—I served it on the prisoner elsewhere on March 15th—the date of the junction is February.
Cross-examined. The National Safe Deposit Company employs agents 3 canvass, but no ladies—we give a label to protect the keys, with our company's name on—we have a large number of keys brought back by finders.
BERNARD ALABONE CHEVERTON . I am a solicitor of the Supreme court. and live at L"), Fielding Road, Bedford Park—my offices are at 33, King Street, Cheapside—on March 26th the prisoner called on. me—he said she had been sent by a client of ours about, insuring keys, and she represented a company that had bought up all the other companies, and that the scheme was that we should pay a guinea and that
would cover all the keys in the office, whether in the clerks' possession or not—afterwards I said, After all, what is your company?"—she said, "Oh, it is practically the Ocean Company; they are at the back of us: they guarantee everything, and they issue the policies"—she then produced a roll of forms, but did not hand them over for inspection—I paid her a guinea in cash—she gave me this receipt—she said, "You shall have your policies and the labels on Monday," which was March 28th—they have never come—I saw on the receipt the address, 429, Mansion House Chambers, and went there—I found the door of the room locked—here was no name on the door, and no one came in answer to my knocking.
Cross-examined. My object in paying the money was to insure the keys—I noticed that on the door of 429 there had been a gummed label—I had been insured before—the prisoner said I was going to get a policy from the Ocean both as to keys and accidents—I heard for the first time at the Guildhall Police Court that the Ocean Company sell coupons.
Re-examined. The Ocean Company was well known to me.
FREDERICK GKORGE PLUMMER . I am an advertising agent, at 143, High Holborn, and live at 5, Utrecht Mansions, Kennington—on March 18th the prisoner called on me at High Holborn—she said her company was issuing a special policy which not only included the insurance of one's keys for life, but also any loss to the extent of £16—I asked her what her company was, and she said it was the Key Registry, which was a new department of the Ocean, more—or less a subsidiary company of the Ocean—I told her I thought it was impossible for her company to issue such a prospectus as that; so she said, "If you doubt my word, you have a telephone there; won't you telephone down to the Ocean?"she added A gentleman did so the other day, and looked rather small afterwards"—I did not attempt it—after going into the matter, and partly to get rid of her, I said I would do it—I gave her a cheque for 21s., payable to E. M. Hill, Esq.—she told me he was the secretary—she gave me a receipt—she said I should get the labels and the policy within a week—a day or two before the proceedings at Guildhall I met the prisoner in Aldersgate Street, and said to her, "So you have taken us all in, have you?"—she said, "What do you mean*?"—"Oh", I said, "look here, you know what I mean well enough; this is nothing but a trick. I have made inquiries at the Ocean, and I find that you are the company, you are E. M. Hill, Esq."—she said, "Are you aware that such statements are libelous?"—I said, "You are pretty smart; you are perfectly at liberty to have my guinea; but what I am so annoyed about is that you have taken my friends in also"—she only replied, "You will have your policy in due course; it is only through pressure of business that we have been unable to execute these."
Cross-examined. I gave this evidence before the Magistrate—the Clerk took down most of what I said—the prisoner said that her company was a subsidiary of the Ocean—the. Clerk may not have taken that down, but he used those words—I have not lost my keys since insuring them, only my money, and, my friends' money too.
at 203 to 211, Lewisham High Road as a draper—the prisoner called on me last March—she mentioned the Key Registry Company, and said that if I insured personally it would be a guinea, but if it included the firm it would be two guineas; so I said it seemed rather too much to expect, two guineas for life—she said I need have no fear, since it was guaranteed by the Ocean; she added there was also an insurance against burglary up to £16—I told her 1 was rather busy, so I would telephone to my brother first and see if he recommended it—I did not telephone; it was such a small matter—the prisoner called again, and she was so persistent that I gave her the money by cheque—she said it was to be made out to Mr. Hill; he was supposed to be the secretary—this is the cheque—I see it has been tampered with and altered from "Mr." to "Miss"—it has been paid—she said I should have the labels and the policy next day—I never got them.
Cross-examined. I never insured my keys before—I was not anxious to insure them—if she had not come and talked about the advantages of it I doubt if I should have troubled about insuring them at all—the chief point she emphasised was that the office she represented was guaranteed by the Ocean, which influenced me to a great extent—I do not think I am mistaken that what she said I was to receive was a coupon from the Ocean Company.
WILLIAM HENRY REYNOLDS . I am house steward at Mansion House Chambers, which is 11, Queen Victoria Street—Room 429 on the third floor was let to the prisoner unfurnished last July, at a rent of £26 per annum, in the name of "E. M. Hill"—there was the name of "The Key Registry Company" put on the door soon after she took possession, but it was taken off, I think, after a while—it was furnished as an office with quite enough furniture—I never saw anybody there but the prisoner—she paid her rent quarterly—there were a great number of inquirers—I did not see anyone carrying bunches of keys—she left in March, leaving no address.
Cross-examined. I think several letters came for her after her departure, which were returned to the postman.
ARTHUR PKNTON (Detective Inspector, City.) I received several complaints as to the Key Registry, and on December 8th or 9th last I called at 429, Mansion House Chambers—I saw the prisoner—I asked for Miss James—she said, "Miss James is out of town; she won't be here to-day"—I called the next day and again saw her—I asked for Miss James—she said, "Miss James is not here"—I said, "You are Miss James"—she said, "Come inside"—I said. "I am an inspector of police", and that I had been instructed by the Commissioner of the City Police to caution her as to the way she conducted her business—I told her that the complainant was Sir George Chubb, that his desire was not to be hard on her, he had no objection to her conducting a legitimate business, but he complained about her using his name—I told her we had had other complaints—she said she did not wish to convey any false representations, but her customers must have misunderstood" her; what she meant to convey was that her company intended to form an amalgamation with these various Key Registries, and that was the reason she used their names—this took place in her office—I saw no books or tablets—I know the other
address, 3 and 4, St. George's Avenue, Aldermanbury—I do not know that I have ever seen the prisoner there—there is the name of the Key Registry up there—a warrant was issued from the Mansion House on April 13th—I arrested the prisoner—she said, "Whose case?"—I said, It is for obtaining two guineas, from Spiers and Pond"—she replied, These companies mean me to come a cropper this time"—she was brought up and remanded.
Cross-examined. There was a summons against the prisoner taken out on March 30th, and heard at the Guildhall on April 8th—she did say when I called on her that she had no intention whatever of defrauding.
The prisoner, in her defence on oath, stated that she carried on business at— 429, Mansion House Chambers, as the Key Registry; that she used the name of the Ocean Insurance Company, as she wanted her concern to look as big as possible, intending to issue their coupons; that she never said her company was a subsidiary of the Ocean Company; that she never told Mr. Jones she was acting for the British Key Company; that her expression "They had bought it up" was a slang term, meaning that she was offering superior benefits; that she entered the particulars and the number of the insurer in a book; that she had never knowingly defrauded anyone, but had simply exaggerated to make the business look larger; and that she altered the Mr. on one of the cheques to "Miss" because she was not a man.
GUILTY of defrauding Miss Buxton (Eighth Count). The JURY intimated that they could not agree on the other counts without retiring, and the Recorder said he would not trouble them to do so. Twelve months' imprisonment in the Second Division.
FOURTH COURT.—Thursday, May 19th, 1904.
Before Lumley Smith, Esq., K.C.
MR. G. A. BLACKWALL Prosecuted; MR. J. W. FOWKE Defended.
GUILTY . Eighteen months' hard labour.
NEW COURT.—Friday, May 20th, 1904.
Before Lumley Smith, Esq., K.C.
MR. HARVEY Prosecuted.
LILIAN MAUD WHITTAKER . I am the prisoner's wife—I have been living with him at 53, Truman Road. Stoke Newington—on Saturday, March 19th, I had been shopping with him—I left him in a public house—when I got home he was sitting in front of the fire in a chair the worse for drink, and half awake—he woke up and started playing with our two boys—I asked him not to make a noise, as the landlady up stairs did not like it, and because I hit the eldest boy he knocked me flat on
the bed. pulled out a penknife, and said, "I did not give you enough; I will give you something you won't get over in a hurry"—I lay on the bed crying, and said. "Harry. what have you done?"—he said. "This is what I have done," pointing the knife to me—Mrs. Wallis came in and dressed the bleeding—I was taken to the German Hospital shortly afterwards—I was there a fortnight—I have since been home, and am all right now.
Cross-examined by (he prisoner. You were not standing by the fireplace, sharpening a black lead pencil—my stays showed blood, and I thought the knife went through them, but I looked, and the blow was just above the corsets—you have been on bail, and on Monday night you threatened me—you took my bed things, my sheet off the bed, my underclothing, and my clock.
Re-examined. My husband is a bricklayer's labourer.
FANNY WALLS . I am the wife of Frederick Wallis, a gilder, of 18, Neville Road. Stoke Newington, about ten minutes'walk from Truman Road—On March 19th I was near, and was called in—I went up stairs—the prisoner was standing at the top of the stairs—when I got into the room I said, "What have you done?"—the prosecutrix said, I believe he has stabbed me"—the prisoner was there—I said. "Let me look"—I took her body off. and saw blood—I said to him, "Have you done this with a knife?"—he nodded his head—a doctor was sent for—I went with the prosecutrix to the hospital—she seemed very bad—the doctor said, "Go to the hospital at once"—she was sober—the prisoner seemed to have been asleep, and as if he had just recovered from the effects of drink.
Cross-examined by the prisoner. You helped your wife into the cab.
PAUL DASEL . I am the medical officer at the German Hospital, not far from where the prisoner lived—Mrs. Whittaker was brought in on. Saturday, March 19th. about 8 p.m.—I examined her, and found in her left side a wound an inch long and in. deep—she remained an in-patient for a fortnight—her lungs were slightly injured—it was a dangerous wound, but she has quite recovered—the blow was from the back under her left shoulder—this knife could possibly have inflicted it.
FRANK BARTLETT (543 J) I was called to Truman Road on Saturday March 19th. about 8 p.m.—the prisoner was putting his wife into a four wheel cab, with Mrs. Wallis—I took him into the house, where he produced this knife, and said, "Now you can see what I did it with"—there were stains of blood on it—I took him to the station—he made no answer to the charge.
The prisoner is statement before the Magistrate: "I was playing with the boys, and my wife grumbled at me for making a noise. I asked her to be quiet. After telling her several times. I said no more to her. I got off the choir and stood by the fireplace. I was pointing a black lead pencil with my pocket knife. While doing so she said. 'Oh. You are a thing in a man's place.' I took no notice. She still kept grumbling at me. I turned all at once and said. 'Hold your row."With that I let my hand go out to her; I did not give a thought to the knife. She fell back on the bed. and I said, 'There, look what I have done.' Then
she saw the knife in my hand, and she screamed. There was no more said."
GUILTY of unlawfully wounding . Nine months' hard labour.
THE COURTS HERE Adjourned To Monday, May 30th.
LOD COURT.—Monday and Tuesday, May' 30th and 31st; and Wednesday, June 1st, 1904.
Before Mr. Recorder.
446. ALBERT VICTOR JACKSON (34) and HAROLD PARKER (34) , Unlawfully conspiring to cheat and defraud Thomas Reginald Dickason and such other persons who might purchase tickets in a sweepstake called the Eighteenth Derby Sweepstake.
JACKSON PLEADED GUILTY .
WILLIAM INGLIS RICHARDSON . I am a partner in the firm of W. I. Richardson Son, printers, of 4, Great Queen Street, Lincoln's Inn Fields—I know the prisoners—I first made the acquaintance of Jackson in March, 1903—he gave me the name of Albert Jackson, of Greyhound Lane, Streatham—I first met Parker two or three months after that. when he came to my office with Jackson, who said he was a turf accountant—we did some printing for Jackson in the month before the Derby of 1903, which was run on May 27th—it was on April 30th that he first broached the business to me—he was with Parker then; that was the first time that I saw Parker—he did not say what he was, or say what his address was—Jackson gave the order; Parker said he would come and see the proofs when they were ready—this book (Produced) is one of the articles we printed—Jackson supplied me with the copy—on the outside of the book is printed, "Twenty-one tickets for the Derby Sweepstake of A. Jackson Son, Flushing. Holland. 300 prizes. Tickets 2s. Every horse a prize. See bankers' references enclosed. See Press notices enclosed"—contained in the book are twenty-one 2s. tickets printed in counterfoil—the couuterfoil has a space for the name and address of the purchaser of each ticket—they are printed numerically, but we did not do that; it was sent to a numerical printer—each ticket says, "This ticket is issued according to the terms of our circular, printed in green, enclosed. Anyone subscribing is welcome to attend the drawing. The result will be in the hands of all London subscribers on Tuesday evening, and every" country patron will receive it by first post on the morning of Derby Day "—Parker called in reference to that proof; I think both the prisoners called—I showed them the proof, and they corrected and passed it for press—one alteration was made by Parker; he put in the words, "Series B"—we printed enough paper to make 90,000 of those books—the numerical printer bound them—we do not print numerically—we did not print the 49, Hanway Street" on the flap of this envelope; it is done with a rubber stamp—this (Produced) is the green circular which is referred to on the back of the tickets—we printed it from copy supplied by Jackson
with Parker—we printed the same number of these—I know the prisoner's writing; the ropy for this circular was in Parker's writing—I have not got the manuscript; when the circular was shown to Parker he had the manuscripts returned to him—on page three I see, "Therefore, to ensure our early receipt and acknowledgment, post as soon as possible, but not later than 6 p.m. Saturday, May 23rd, as the draw will take place on Monday, May 25th, at Flushing, Holland, and will be under the supervision of a committee formed, as usual, of the representatives of the principal Sporting papers, bankers, and well known men of business. Any ticket holder is at liberty to attend the drawing, and we shall make any and every patron welcome"—the proof was checked by Parker—this document, headed "Press Opinions," was printed from copy brought by the prisoners; part of it was printed—I believe on the copy there was "Advt." at the end of each paragraph, but it had been struck out when we received it—I do not know who struck it out—the portion in the large type, headed "Press Opinions," was in manuscript, and I believe in Parker's writing. (Read)—"When the average Englishman is in doubt or difficulty on any point, his usual procedure is to fly to his daily paper, and although perhaps unconsciously, his ultimate decision is usually moulded by the opinions of some popular journalist. Similarly, in business matters, there are skilled men on the staff of all leading papers, whose duty it is to inquire into and report upon the bona fides of its advertisers, and when the business is of a speculative nature, it is a matter of common knowledge that no paper of repute inserts any kind of advertisement or notice without proof of the genuineness of the concern in question. Therefore, when reports of a distinctly favourable nature are made, the reader is justified in placing that confidence in his paper to which we have already alluded, for he knows that in no age was the integrity of journalism so firmly established as in the present, and his experience teaches him that he can absolutely rely on the evidence of those who are among the most substantial and straightforward of his fellow-citizens. Messrs. A. Jackson Son. in the course of their long established business relations with the British public, have received an immense amount of favourable Press criticism, brought about by the inquiries of the readers of various newspapers. Naturally, in so small a space, there is no room for a tithe of the whole, but a few of the most recent, taken haphazard, will show the general tenor, and give some idea both of the magnitude of the business, and the manner in which it is conducted. from the Newmarket Advertiser, May 1st. 1903: Messrs. A. Jackson Son are the only Bookmakers who execute commissions of a nature that usually requires attendance on the course on the part of the investor. This old-established firm is enabled to do this by the very extensive business which is entrusted to them, and every sporting man knows that these well-known club men are safe. From the Walton News, May 2nd, 1903 One good effect of anti-betting legislation is that it must in time stamp out the hole-and-corner bookmaker (who is non est. after a popular favourite has come home, and leaves his clients to whistle for his money, and compel backers to adopt the only sensible course of sending
their investments to the reliable men on the Continent, of whom Messrs. A. Jackson Son are well in the front rank. From the Middlesex Gazette, May 2nd, 1903: a firm in a gigantic way of business, while their stability stands an unquestionable, fact. From the West Herts Post, May 1st, 1903: The reputation of Messrs. A. Jackson Son is second to none for fair treatment and prompt settlement. From the Putney Observer, May 5th, 1903: Why do not sportsmen learn common sense and do their business with firms of proved reputation, such, for example, as Messrs. A Jackson Son. The fact that the principals of this well-known firm are leading club men is, of course, a guarantee to every customer. From the Boston Independent, May 2nd, 1902:. This, however, can be obviated by doing one's business with reliable agents, such as Messrs. A. Jackson Son, who do a lot of system business, and not only deal with every branch of it, but, what is pre-eminent, pay up promptly in all. From the Harrow Observer, May 1st, 1 903: Fifty pounds a day. This sounds a large order, and out of racing speculation, too. It is, nevertheless, what a certain nobleman is winning daily on the favourites from the well-known firm of Turf Accountants, Messrs. A. Jackson Son. But how can they pay it one may ask, until one reflects how small such a sum must necessarily be in the huge turn-over of a big business where the very heavy nature of the commissions and the many different methods of operation fancied by customers serve to protect the bookmaker from loss. The probity of Messrs. A. Jackson Son is assured, not only by their long standing and continued prompt payments but by the fact that the principals of the firm are all responsible men and well-known members of the best clubs"—we also printed 90,000 of these documents—it is a price list of A. Jackson Son; on it I see, "The postal service between England and Flushing is excellent, there being three mails each way daily, and letters posted in any part of Great Britain in time for the London night mail are delivered in Flushing by the first post next morning"—the original of that was printed in Holland, and we had the alterations sent over to us—we also printed 90,000 of this type-written letter, with a manuscript signature "A. Jackson Son"—we printed them from type-writer type—it refers to Parr's Bank, Streatham Branch; the London and South Western Bank, Belgravia Branch; and the City and Midland Branch, Charing Cross Branch. (This stated that A. Jackson & Son had held an annual sweepstake on the Derby for the past eighteen years, with prize money for division of over £5,000, and that, there was an opportunity of winning a really big prize with a trifling stake, and that the latest date to post was May 23rd!)—we also printed the heading of this stationery for Jackson—we also printed this paper, on Parker's instructions—it purports to be a Result Sheet of A. Jackson Son's 1903 Eighteenth Derby Sweepstakes—it purports to contain a list of the horses drawn—I do not know if there are 300 horses—under the name of each horse there is a ticket number, in many instances with a letter prefixed—on page 3 there is The total amount subscribed for the sweepstakes is £8,296 2s., and the amount of prize money (after deducting our commission of £82912s.) for distributing is £7,466 10s., apportioned as follows:—To the drawer of
the horse in the foregoing list which is the Winner of the Derby, £2,986 12s. To the drawer of the horse in the foregoing list which is Second in the Derby, £1,045 4s. To the drawer of the horse in the foregoing list which is Third in the Derby, £447 16s. There is £653")."I 9s. for division among non-starters. There is £.653 9s. for division among the runners other than the first three. The exact amounts due to each Ticket for runners other than the first three and non-runners cannot, of course, be assessed till the runners are known. There is £l,650 for division among the first and every 250th number drawn from the wheel, the holders of the following tickets each receiving a £5 note"—the copy for that document was brought on Monday, May 25th, by Parker—I saw him between 9 and 10 a.m.—he was alone—he said he had brought the result sheet, and wished it set up—it was partly in manuscript and partly in typewriting—the manuscript was in Parker's writing—I believe he did not bring the whole of the copy for that document at the same time—I think he first brought the first two pages—the compositors set it up soon after that; the rest was brought between twelve and one—I did not receive it myself—we printed 17,000—Parker checked the proof—for the whole of the printing we were paid £551—we were paid by cheque, signed by Jackson—there were cheques on account and it was finally settled—we procured the numerical printing on some of these tickets—there were 14,000 books, I think—the £551 included the numerical printing which we had done—we despatched them, the envelopes were already addressed, and the stamps were sent us by Jackson.
Cross-examined. I knew Jackson two or three months before he introduced Parker to me—during that time we had done work for Jackson—I said at the police court that I did not know how Parker was paid, and that we had later on done printing for Harold Parker, trading as the Imperial Typewriting Company, 207, High Holborn—the whole of the—the. £551 was paid us by Jackson, whom we treated as the principal all through—I did work for Parker during 1903—I do not know when the account was stopped—I printed headings and so on for him, in connection with the Imperial Typewriting Company, in the name of Kingfield—I do not know if Parker also carries on business as a turf tipster—as Kingfield we did work for him for about £90—he paid it—the items making that up were quite distinct from the items making up the £551—it was subsequent work—my foreman told me he saw Parker at our premises on Monday, May 25th, 19O.'5, at 8 a.m.—I did not get there until nine—I do not remember having any conversation with Parker about there being any risk in doing the printing, or its being illegal in connection with a lottery—I do not remember saying anything about some German lottery in which a printer, a neighbour of mine, had got into trouble—I did not know when at the police court that by doing this printing I was rendering myself to be treated as a rogue and a vagabond—Mr. Muir told me so at the police court—I think Parker said he had not been paid very much by Jackson, and that he had a difficulty in getting his money—except the work which I did in connection with Jackson, I know of no other work that Parker did for Jackson—I remember doing a picture block for Jackson representing a jack underneath a sun, to make the name Jackson—I do not know if he said that was to make up his old
Dad's trade mark—he said he was trading as Jackson Son—I think he said that his firm had been in existence for some time—if I had been informed that it had only just come into existence I should not have represented it as having come into existence in 1886—I think after the Derby Sweepstake we did some printing for Jackson in connection with a proposed sweepstake for the Stewards' Cup—I think it was cancelled—it may have been in the name of Bevan Son Thompson—I do not remember if we charged £100 for that work—if it was abandoned it would not come to £100—I should think it would be under £50—whatever the sum was, we were paid.
Re-examined. We did some printing of tickets for Jackson in the name of Bevan, Son Thompson, Delft, Holland—the tickets were handed over.
CHARLES ALFRED WEBB . I am head warehouseman to Messrs. Richardson Son—I remember the fact of this result sheet being printed—on the day it was printed, which I think was a Monday, I saw Parker about 8 a.m—he asked for Mr. Richardson—I told him he would not be there till I) o'clock—I believe he then went away—I did not see him any more—the same night I took part in the delivery of the result sheets to 267, High Holborn, the premises of the Imperial Typewriting Company—I saw Parker at our premises that night—he said that at a certain time he was going to supper, and any deliveries after that time were to be put on the landing.
Cross-examined. I do not know what day May 25th fell on—I do not think I have been to Parker's office after 10 p.m.—when I went a great deal of work was going on.
Re-examined. The day that I saw Parker early in the morning was the same day that the printing of the result sheet was done.
ALFRED BOWERING . I am a department foreman at Messrs. Richardsons, of Great Queen Street—I had charge of the composing of this result sheet—I did not set up the type, but I had charge of it, and directed it to be set up—I got the copy from Mr. Richardson between about 9 and 10 a.m. on Monday morning—I think it was May 25th—the copy which I got then was in respect to the first two pages—to the best of my belief, I got the rest of the copy after I got back from dinner, which is from twelve to one—I do not know who brought it—I think I found it on my desk—I think the first lot was all in type after dinner—Parker came up into the counting house and asked for the proof—I said, "Of course, you know it has not been read"—he said, "That does not matter; I will be responsible for any errors"—I said, "If you will take the responsibility I will let you have it"; so I gave it to him in slip proofs—I do not know what time of day it was; I think it was in the afternoon—on the back is printed, "Is there any form of systematic turf investment that strikes you as worth following? If so, write and tell us what you want to do. Our business is a big one, and we can accommodate you in anything that is reasonable"—I said to Parker, "Are you going to let this page go blank?"—he said, "No, I will write some thing" and he wrote that—I submitted it to him, and it went off to the foundry—Jackson was not
there on that occasion—I did not see him there in connection with the printing of that document—this book (Produced) is in my writing—it is my composing book—"May 25th, Result sheet"—I made that entry myself at the time.
Cross-examined. The last page of the result sheet had nothing on it—I asked Parker if he was going to send it like that—people like to fill up every space—I do not know what my employers charge—I believed that Parker was in Jackson's employ, and was looking after the printing for him.
JOHN PALFRY (Detective Sergeant). I know Flushing very well—I was there for a fortnight last March—I received letters from London every morning, including Sunday—I was over there on business—I was also at Middleburg—the first post arrives between 7.40 and 8 a.m.—the mail leaves London at 8.25, arrives at Flushing about five.
Cross-examined. I was not there in May, 1903, but the postal arrangements are just the same.
ARTHUR HILL . I live at 54, Gloucester Street, Theobald's Road, and am a messenger in the employment of Messrs. Richardson Sons—I remember the printing of the circulars in connection with Jackson's Derby Sweepstakes—I delivered some of the documents at 68, Greyhound Lane, Streatham, and some at 181 and 116, Victoria Street, Westminster—one of those places in Victoria Street is over a jeweller's shop—I saw Jackson there sometimes; I never saw Parker there—I once saw him in the office at High Holborn, but not with Jackson—"The Imperial Typewriting Company" is up there—I took some result sheets there and some other circulars, but I cannot remember what they were—they related to the Derby Sweepstake—I delivered some of the books of tickets to Messrs Moore, of East Harding Street, Fetter Lane LIZZIE ANDERSON. I live at 23, Constantine Road, Hampstead, and am manageress to Messrs. Moore Co., 79, East Harding Street, bookbinders and numerical printers—I know the prisoners—I have seen them together on two. or three occasions, but not recently—about May, 1903 we were printing the numbers upon the tickets for the Derby Sweepstake for Jackson—we were also enclosing these circulars and the tickets in envelopes which were already addressed—we did the stamping—Jackson provided the stamps—this is a specimen of the envelopes we used; they had an address in Hanway Street on them—I think most of them were done with an india-rubber stamp—Parker came with Jackson in connection with the business—he came on two or three occasions—Jackson gave me the order, and took the leading part, but Parker spoke also—we printed numbers on 62,(2) of these books, which represents 1,315,041 tickets—we filled 58,500 envelopes, which left about 4,000 books over, which Parker came and took away, as well as some of the circulars which were over—we were paid in all £123 12s. 3d.—Messrs. Richardson paid £28 10s. of that and £95 2s. 3d. by Jackson in several sums—we printed some tickets with a plain number and some prefixed by a letter—we printed a few short of a million with a plain number—we did not print more than 150,000 with a serial letter prefixed—the lowest number we began at with a letter prefixed was 5001—I do not quite know how many serial letters were
used—I see on the result sheet "Queen of Hills, H 158,099"—we did not print as high as that, nor as high as G 860,314—those purport to be the successful numbers drawn from the wheel—I remember Parker calling upon me a few weeks before this prosecution started in March, and asking me if anybody had been to me from Scotland Yard—I said, "Yes"—he asked me what they said—I told him they were inquiring about the Derby Sweep—he asked me what they said—I told him it was about Jackson, and that Jackson was not about, or something to that effect—he asked me what I said, and I told him I had only spoken about Jackson, and that they had only inquired whether I knew Parker—I asked if Jackson was in London, and he said "No," and would probably keep out of the way.
Cross-examined. Parker said that someone had been calling at his place in his absence, and had not seen him—he also called on me in July, 1903, and said he was not then working for Jackson—the ticket books were placed with us by Mr. Richardson—no money was paid us by Parker—I could see that Jackson was in authority—this was the first transaction we had had with him—I did not lend Jackson six of my best women folders a day or two before the Derby—he paid them, and they went to him after office hours—I was done with them, and they could go where they liked—about the same time Parker had four or five of our girls and paid them, but I do not know how much.
Re-examined. I believe the girls that Parker had went to Streatham and to 267, High. Holborn—I think I knew Parker about a year before May, 1903—I do not know if Jackson came with Parker the first time I saw him—I think Mr. Richardson came with Jackson.
By MR. MOYSES. I think I saw Jackson before he came with Mr. Richardson.
BENJAMIN BARNARD . At the beginning of 1903 I was clerk to Brown, could Co., advertising agents—towards the end of March, 1903, I called at 181, Victoria Street, in consequence of these two letters which we received from A. Jackson Son: (Read) "February 21st, 1903. Dear Sirs,—Will you kindly favour us with your terms for a small advertisement in your 250 papers. We understand that by taking a series of advertisements it is possible to get notices inserted in some of the papers"—the other one is, "February 21st, 1903. We shall be pleased if your Mr. Stone will give us a call to-morrow morning about 11 o'clock with reference to the series of notices and advertisements we are now prepared to insert through your firm"—I went instead of Mr. Stone—I saw Jackson—he wanted to insert paragraphs in certain papers—he showed me proofs of a large number of paragraphs—I did not then make any final arrangements—I did not take the paragraphs away; I went and consulted my principal—on March 6th or 7th we got this letter from A. Jackson Son (Enclosing an advertisement which they desired to have inserted.)—the advertisement is, "You can make racing pay, without the necessity of going to the course. Send for an up-to-date Book on Racing Systems, post free from A. Jackson Son, Flushing, Holland. A practical solution of Turf Investment as a Business, and every Sportsman will be profited
by a perusal of its pages. Write now to A. Jackson Son, Flushing, Holland'—we inserted that paragraph in a number of country papers—I believe the proofs were sent us by post—we made some alterations, and added "Advt." at the end—that was not there when we got them—it is in my writing, and I wrote to A. Jackson Co. about it—we got this letter, dated April 9th, 1903, from them (Stating that they had no objection to the wording of the paragraph being revised to the extent that Messrs. Brown, Gould, Co. considered necessary, and they did not object to "Advt." appearing at the end of each paragraph if that was the rule, and were quite prepared to hand them a cheque in advance.)—we first returned the revised copy and then the proofs to Jackson—we refuse to insert advertisements without "Advt." after them—I believe the advertisement was published in about 110 provincial papers—Parker called at our office about ten days or a fortnight after the advertisement had appeared to take away the copies of the newspapers to check—that was the first time I saw him—I saw him, I think, altogether three times—I went to his office to take him a few papers—these (Produced) are copies of the advertisements we put into the papers, excepting that the letters "Advt." do not appear here—we did not insert them in the Bristol Gazette, the Licensed Victuallers" Gazette, or the North Bedfordshire Gazette.
Cross-examined. I said at the police court, "Jackson composed all the notices; I had nothing to do with the composition, except for the few alterations I made in pencil. I knew Jackson had composed the notices, and they struck me as rather an insertion in the paper than an ordinary advertisement"—we were paid over £30 in one sum—every penny of that was paid by Jackson—I never got 1s. from Parker—although the letters "Advt." were after each notice, we had to pay on a higher scale because they were inserted amongst matter—we did not try to have any of them inserted with "Advt."—putting them amongst matter is to give them prominence, it is not to make people think that they are not advertisements—Parker did not give us any instructions with regard to the insertions.
HENRY ERICH SON . I am an advertising agent, of Effingham House, Arundel Street, Strand—I first knew Jackson in March, 1902—I put turf advertisements or. his behalf in certain papers—he was then doing business as a bookmaker in the name, of Davis Jackson, from an address in the Channel Islands; I see this notice in the Licensed Victuallers' Gazette of July 25th, 1902—we were the agents who procured its insertion as an editorial note: (Read) "A Successful Turf Accountancy Business. Members of the Anti-Gambling League, if they happened to take a glance inside the offices of Messrs. A. Jackson Son, of Flushing, Holland, would probably throw up their hands in pious horror at the business-like way in which the laying of odds is carried out. The efforts to stop betting have only succeeded in increasing the revenue of foreign countries. Like a good number of the London Turf Accountants' offices, whose places of business resemble banks more than anything else, Messrs. Jackson's offices are a model of respectability. There is a large clerical staff, and lady typists are busy throughout the day, the ticking of their machines
going ceaselessly. All sorts of Turf business are undertaken, subject, of course, to the usual time limits, etc.; full particulars of which can be seen in the book of rules, ready reckoner, and other information, which will be sent free of charge to anyone making application. Double and treble events are executed at the best prices ruling in the market. There is no limit for S.P. transactions, and Messrs. Jackson make no charges or deductions of any kind, winnings being paid in full. Those of small mean are catered for equally with the large punter, and deposit accounts, from 10s. upward, are opened with anyone on receipt of P.O. Telegraphic instructions for S.P. betting can be received at the London office. A price-list is issued daily giving the latest movements on important races and the prices current. A speciality is made of system working a form of investment which has greatly increased in popularity of late. First, second, and third favourites, jockeys' mounts, newspaper selections or, indeed, any feasible system will be worked by this enterprising firm. Any of our readers wishing to do business on the above lines will find Messrs. Jackson's terms to be most advantageous. The business arrangements are under the supervision of the principals of the firm, and a feature of the undertaking is the promptness with which cheques for winnings are sent off each settling day"—I did not personally come into communication with Jackson with regard to that notice before it was circulated—it is the practice to insert laudatory notices as editorial notes for firms of good repute—Jackson was of good repute at the time—I should say it is more or less a common practice for the Licensed Victuallers' Gazette to insert such notices; they are fairly highly paid for—they are more highly paid for than ordinary notices—that is because the public think the notice is by the paper proprietors and not from the advertisers themselves—I do not think it is a fraud, it is done by the daily papers—we get our commission, but we do not care for this kind of business—we closed the account when we heard of this—company meetings and so forth are all on a higher scale—I do not say that the Times would insert a notice like this, but all the other papers do—the Sun put in an editorial notice even after this, but not through our agency—the statements are Jackson's; he would supply the data in typewriting; we should post it on to the paper* for the editor to approve—we had done Jackson's advertising for about twelve months—we had some complaints about this; we got £20 for inserting the notice, and paid the Licensed Victuallers' Gazette £10—I suppose Jackson would have been able to get it in without our assistance—we asked him what he was prepared to pay; he said £20—we told the Gazette what we had, and that we would give them half—if we had not taken the order he would have gone to the paper itself and had it inserted—the difference between an advertisement and an editorial puff is that the advertisement passes the advertising manager and the other passes the editor, and it is more expensive.
Cross-examined. For the twelve months that I had known Jackson, to the best of my belief, he had an excellent reputation—the data for this notice would come from him, and the editor would write round it—successful accountants' offices resemble banks more than anything else—I had
not been to Jackson's offices in Holland, but lady typists are very prevalent in that class of office—I have been to Flushing many times—I do not know if I have seen Jackson over there—I did not go over to see him there and get the order—I have not seen Parker before.
Re-examined. The account was not closed until July 1st, 1903.
FRANK LAWRENCE . I am clerk to Mr. Erickson—I conducted the business of getting the editorial notice which was inserted in the Licensed Victuallers' Gazette—we got a few notes typewritten on a piece of paper from Jackson—they were handed to Mr. Buckmaster, who wrote a paragraph on them—Mr. Erickson and I did not do anything to them; I did not supply Mr. Buckmaster with any facts at all except the type written document which I got from Jackson.
Cross-examined. The notice consists of a categorical statement of facts—I do not suggest that Mr. Buckmaster put any lies in, but all he got was what Jackson had handed to us in our office—I have never been to Flushing—I did not take any pains to verify the facts—Jackson gave me the impression of being a very smart fellow, and having all his wits about him.
ARTHUR BUCKMASTER . I am the advertising manager to the Licensed Victuallers' Gazette—I do not think that in July, 1902. I received from Mr. Lawrence a typewritten document relating to Jackson Sons, of Flushing—I think I received some verbal notes from Mr. Erickson—I wrote this paragraph—I am not the editor—I call this paragraph an editorial notice—I do not know why it is called an editorial notice, when it is in fact an advertisement—we were paid £10 for it—I do not know that Mr. Erickson got £20 for it—I do not know if half the price paid is the usual commission of our agents—if it had been inserted as an advertisement it would be 10s. an inch, and would cost about £2—I knew nothing about Jackson's business—I was told that it was a good class business—this is the first time we have done this kind of thing.
Cross-examined. The Licensed Victuallers' Gazette has been established for thirty-two years, I think; it is of good reputation—I believe it is the practice of papers of high standing when they get an advertisement to put in a flowery notice of their own—some papers, if they are paid enough, will put an advertisement with "Advt." after it among reading matter—people might fail to observe the "Advt."—there are some papers which will omit the "Advt." altogether—that is what was done here—I did not see Jackson in connection with the matter—I got the whole of the facts set out here from Mr. Erickson, who I have known for some years and done business with for ten years—I did this in a perfectly regular manner.
Re-examined. I made the best inquiry I could about the firm—Mr. Erickson told me he was in Flushing.
By the COURT Bookmakers go to Flushing to avoid the laws here, but I thought they had to be of very good character to get there, or the police there would rake them out.
like this one (Produced), and enclosed in the envelope, which was like this one (Produced), there was a green circular with "Press opinions" on the back, a flimsy circular, and also this typewritten one, signed "A. Jackson Son"—I read them, including the "Press Opinions"—I believed they were real opinions expressed by the editors of the papers—I believed that A. Jackson Son were an old-established firm, and had had eighteen Derby Sweepstakes—I was not impressed by the extract from the Licensed Victuallers' Gazette—I disposed of the whole of the tickets—there are twenty-one tickets in the book, one being free, which I kept and paid for one other—I remitted £2 by postal order to Flushing with the counterfoils—a week before the race, on May 26th, I received the result sheet—I examined it, but did not find that any of the winning numbers were amongst the tickets I had bought or sold.
ALFRED LEWIS . I am a boot and shoemaker of 36, Walworth Road—in May, 1903, I received some documents like this price list, envelope, and green circular with "Press Opinions"—I read them, and believed that the firm of A. Jackson Son had been established for eighteen years—two books of tickets were also sent, which I bought for £4—I afterwards received another book, and altogether took £12 worth of tickets—I posted my last £2 on the Saturday night before the Derby—I did not win anything.
Examined. Each time I sent my money I got another book.
CHARLES RICHARD MOSS . I first became acquainted with Jackson about October, 1901, when he was carrying on a bookmaking business in Guernsey—in March, 1902,1 entered his service as clerk—in May, 1902 the business was removed to Flushing, when he first began trading as A. Jackson Son—down to February, 1903, he only carried on an ordinary bookmaker's business—I know Parker; I first saw him in February, 1903—I went with Jackson to his office in Piccadilly, and Jackson introduced me to him—I believe he was carrying on a typewriting business there—I afterwards saw the circulars with regard to the Derby Sweepstake; I had very little to do with them—I know the circulars; I saw them in Flushing—I did not go over there very often, only about twice—I was Jackson's manager at 181, Queen Victoria Street; I never saw Parker there—I saw the Press notices in proof prior to their being taken to Brown, Gould Co.—I cannot say where they were drafted; they were typed, but not by me—we had typewriting machines at our place—I think Jackson went to Holland about May 17th—I think I went to Victoria to see him off—to the best of my recollection, Parker was there; I certainly.—saw him there on one occasion when Jackson went abroad, but I am not positive which occasion it was—on Monday night, May 18th, I went to the Hague on business for the firm—Jackson did not come to the Hague until after the Derby—I went to Flushing on the 24th—I took a clerk with me—I went to Jackson's office and found he was rather busy; that is why he wired for me—he had 1,500 or 2,000 letters—I assisted him to open them—with intervals for refreshment, we were at it all day Sunday and Sunday night, and I think through the greater part of Monday—we did not have any sleep—it was at least midday when we stopped—letters
came in by the morning post about 8.a.m.—I continued at Flushing until next day, Tuesday—I think I was at the office there most of Monday, and on Tuesday I went there just before catching the train for the Hague—there was no draw for the Derby Sweep—was in the office—the letter contained postal orders and tickets, and some of them referred to our ordinary business—the tickets remained in Flushing until Jackson sent for them two or three weeks afterwards, when they were sent to him in England—nothing was done with them with regard to any draw—their numbers were not entered in a book, and no record kept of their numbers—some telegrams were sent to Parker—my recollection is rather hazy, but I think I wrote one or two under Jackson's instructions; they were probably sent on the Sunday morning—I next saw Parker in London at the end of August or early in September, when I called upon him at his office at 267, High Holborn—he seemed to think that, having regard to the hard work which had been thrown upon him. that Jackson had not treated him at all well, and that he could do better working for himself than working for Jackson—I took it that he thought Jackson might have paid him a little more—he did not say how much he had been paid—in addition to the circulars for the Derby Sweep. I saw a book with regard to systems—I do not know that Parker ever told me who wrote it—this is one of them; we had thousands of them—I first saw one in Jackson's possession about the time of the Derby Sweepstake—I think Parker said it was an improvement on an old one which we had before, and that he had brought it up to date—I understood that he was the author of the new one—this document relating to the Cambridgeshire Sweepstakes is another thing which Jackson brought out—it is much the same as the Derby Sweep—Jackson on one occasion showed me a typewritten draft of this, and asked me what I thought of it—we were in a cab in Holborn—I cannot remember where we had come from, I think from Chancery Lane—the last time I saw Parker at his office was about the end of September or early in October—the Cambridgeshire Sweepstake document was brought out about October.
Cross-examined. I first knew Jackson in 1901—I became his clerk about March, 1902—during the whole time I was with him he was connected with the turf—he always had a book of systems while I was with him—it is unquestionably a fact that his new book is an improvement on the old one—I was arrested about March 8th, and kept in custody for about a week—on April 12th the prosecution in this case abandoned the case against me—up to February. 1903. Jackson and Parker were absolute strangers—I went with Jackson to 168, Piccadilly, to get some sporting addresses which he was going to purchase and there saw Parker—after that Jackson employed Parker to write press notices for him and paid him for them—I did not know then that Parker was there carrying on a typewriting business and a tipster as John Kingfield; I knew he had a typewriting office at High Holborn—he was a tipster and sporting journalist—J heard that he was employed by Jackson to correct the proofs and circulars, and that Parker charged 5s. a visit to the printers for looking over the proofs—I know he had to work very hard—he had to be at the
printer's sometimes at 6a.m. and work very late at his office—I never saw any account between him and Jackson, but Jackson told me that Parker had rendered an account of about £(60—I do not know that £40 of that was out of pocket—Parker complained to me that the work he had to do turned out much harder than he had bargained for—shortly before the Derby, Jackson told me that he had arranged with Parker to get out the result sheets at Parker's office by means of his typewriters—at High Holborn he had a typewriting business called the Imperia Typewriting Company—I may have sent telegrams from Flushing to Parker; during the whole of the time I was there Jackson was never out of my presence—we were working together in his room—I do not know how much he made out of all this—I believe he told me that he had had a telegram from Parker saying that he could not get the result sheets out at his office, and would have to place the work with Richardson—we employed one woman typewriter at 181, Victoria Street, and occasionally two, when we were very busy—as far as I know, Parker had nothing to do with that office—Jackson had offices at Nos. 181 and 116, but I had nothing to do with lift, nor had Parker—Jackson had nothing to do with Parker's office in Holborn—there was no connection between the two businesses, except that Parker was paid to do this work—I have the best of reasons for supposing that Parker did not get 1/4 d. of the money which was sent by the subscribers for the Derby Sweepstake.
Re-examined. Jackson handed me the manuscript of the Cambridgeshire Sweep, and asked me what I thought of Parker's work—I said I thought it was extremely well done—I never heard of Jackson having done anything like the Derby Sweep before he met Parker—he told me hat the Derby Sweep circulars were Parker's work.
By MR. MOYSES. I do not know who wrote the notice for the Licensed Victuallers Gazette, except the last part, which I wrote myself—I think Buckmaster is mistaken in saying he wrote it—it was sent to us at Flushing, and we were asked if it was in accordance with what we wanted, and at. Jackson's suggestion I wrote the latter part of it—Jackson lived in very good style over there, and spent money freely before the Derby—Taylor's did the printing for the Cambridgeshire; they have nothing to do with Richardson's.
By MR. MUIR. I think I paid 2d. a word for the telegrams; it was about 4s. or 5s.
WILLIAM MEDWIN . I am manager to Isidore Leapman, jeweller and silversmith, of 179 and 181, Victoria Street, Westminster—he lets the upper part of those premises as offices—on September 29th, 1902, Jackson became the tenant of the room on the first floor at 181—I think the rent was £55 a year—I think Parr's Bank was one reference, and Moss the other—he came into occupation soon after—I saw Moss there; I believe he was manager to Jackson—"A. Jackson Son" was put up—they carried on the business of turf accountants—eight or ten women were employed there as clerks—I was at the shop underneath in May, 1903, when some large packages came—I do not know what they were, because they were taken right through—I did not see any envelopes; they seemed to be
very busy—Jackson left about August or September, 1903—he did not give us notice—his tenancy had not expired—he still owes one quarter's rent—I knew he had gone into another office at 116, Victoria Street—I did not see any more of him—I do not know what name was put up there, or how long he stayed—he said he was going to leave because he wanted larger premises.
Cross-examined. I heard Jackson once say that he bought addresses of people who speculated in betting.
HENRY ASH . I am manager to the Streatham Branch of Parr's Bank—on September 18th, 1901, an account was opened there in the name of Davis and Jackson; it was transferred from our Margate Branch—I know Jackson—he came with his wife to open that account—on May 27th, 1902, the name of the account was altered to A. Jackson Son; up to that time the account had been carried on by Mrs. Jackson, and cheques were signed by her—after August 13th, 1902, Jackson signed the cheques instead of his wife—on that date he gave us his signature in our signature book—prior to that Mrs. Jackson was the only person signing cheques on that account, and after that date Jackson was the only person—when he first gave us his signature it was almost the same as his wife's—I pointed that out, and he gave us another—on May 23rd, 1903, we wrote to him; we got no answer, and then we wrote again.
HENRY ARNOLD . I am a ledger clerk at the Streatham Branch of Parr's Bank, and produce a copy of the account of A. Jackson Son—when I was opened it was described as the account of "Kate Jackson, wife of V. Jackson, trading as Davis and Jackson, commission agents, of 68, Greyhound Lane, Streatham"—I produce an extract from our books showing the history of the account, and the postal orders paid in; there were a large number.
SIDNEY ADAMSON . I am cashier at the London and South Western Bank, Westminster Branch, Victoria Street—I know Jackson—he had an account there, at first as Beatie Thompson—that was altered to A. Jackson Son, on January 1st, 1903, according to this copy, I do not know it from my own knowledge—from January, 1903, it was in the name of A. Jackson Son.
KENNETH KING . I am ledger keeper at the London and South Western Bank, Westminster Branch—this is an extract from our books; it shows the particulars and postal orders and money orders paid into the account of A. Jackson Son.
THOMAS JOHN BIRD . I am assistant superintendent in the Central Telegraph Office in the foreign department at the G.P.O.—on May 25th, 1903, I was in charge of the wires from Holland—a telegram containing 3,800 words would not be an ordinary thing to arrive—if one did arrive I should have my personal attention drawn to it, and should make an entry of it in a diary—on that day no such telegram was sent from Holland.
ALFRED ADAMS (261 W.) I am stationed at Streatham—in 1903 I took charge of 68. Greyhound Lane, Streatham, for Jackson—he left the house for good about the third week in June, 1903—I was in charge there
for him from about the last week in May to the first week in June, and after he left I continued in charge there for the owners until it was let.
Cross-examined. I have never seen Parker there.
(MR. LEYCESTER proposed to call evidence to show that Jackson had carried on a fraudulent business as Bevan Co. in 3902, and that Parker was connected with it. The Recorder ruled that the evidence was inadmissable.)
HENRY WILLIAM CHARLTON . I am employed in the Secretary's Department of the General Post Office—I know Jackson—in May, 1901, he had a telegraphic address as "Blessedly, London"—up to then his telegraph address was "Jack, Margate"—on April 25th, 1902, his registered address was altered to "Hobby Horse, London," and "Blessedly" was allowed to lapse—his trading name was Davis Co., and on December 29th 1902, the name' and address of that telegraphic address was altered to Jackson Co., 49, Hanway Street—the address was not published in the official list by his request—in August, 1903, the address was altered from 49, Hanway Street, to 101, Golden Lane—on September 21st, 1903, he registered "Excitement, London," in the name of Bevan, Son, Thompson.
THOMAS HOWARD LLOYD . I am a newsagent and stationer at 49, Hanway Street, W.—I take in letters there for people—from the end of October, 1902,1 took in letters, circulars, and telegrams for Jackson & Son which had not been delivered, and were returned through the dead letter office—at first I handed them to Jackson's messenger, but afterwards, when they became more numerous, they were sent by parcel post to Greyhound Lane, Streatham—as the season went on there were considerable quantities of them—until the third week in August telegrams came to me—I only saw the envelopes; they were addressed to Jackson Son, 49, Hanway Street—until about May 18th, they were handed to Jackson's messenger, but after about August 19th I posted them first to Flushing and then to the Hague, Holland—I did that for three months—I was paid about £35 for a little more than a year's services—I know Parker; he came first with Jackson, and then he called for a few returns—I did not have any conversation with him when he called with Jackson—he took the circulars away with him when he called alone—Jackson's messengers were at first men, afterwards women.
THOMAS WILSON . I am secretary to J. J. Keliher Co., Limited, printers, of 33, King William Street, E.C.—from August to October, 1903, we were employed to do printing for A. Jackson Son—the documents we printed were advertisements and circulars for Bevan, Son, & Thompson—we were paid £2,015 11s. 6d. by Jackson.
WILLIAM GOUGH (Detective Sergeant.) On the afternoon of March 15th "I was in High Holborn, near the Inns of Court Hotel—I saw Parker in the street; I said to him, "I believe you are Harold Parker"—he said, "No, I am not"—I said, "Then you are Kingfold"—he said, "What do you mean?"—I said, "I am satisfied that you are Harold Parker. I am a police officer, and I shall arrest you upon a warrant charging you with conspiracy to defraud, in connection with a man named Jackson over last year's Derby Sweepstakes"—he said, "Where is your authority?"—I said "Come along with me, I will show it to you"—I took
hold of his arm and walked down High Holborn, and read a copy of the warrant to him—he said, "How am I to know you are a police officer?"—I said, "I will easily explain that"—as lie resisted I took him over to a constable on the other side of the road, and I asked the constable whether I was a police officer, and the constable said yes—on the way to the station in the cab Parker said, "All that I have done with Jackson I have done in a buisness way upon instructions received from him—I know that inquiries have been made for me by Gough"—I then mentioned that I was Gough—he said, "If he had called again and seen me he could have had all the information he wanted"—at the station he said lie wished to make this statement, which I wrote down: "I was introduced to Albert Victor Jackson by Mr. Lewis, 168, Piccadilly, where had an office about February, 1903. Jackson said he had been to Brown, Gould, Co. re some advertisements relating to betting business generally, and they had agreed to put notices in various papers with the advertisement He asked me if I would write the notices on the facts he gave me, and send them to Brown, Gould, Co., which I did, and afterwards saw Brown. Gould. Co., about them. Jackson then asked me to correct any proof of printing done by Richardson in his absence. I did so. and continued to assist him on his instructions. He told me he had had a Derby Sweepstakes for many years, and that this year, 1903, he intended to make a big thing of it, saying that the commission and the general business would produce him a big profit. I wrote the circulars for him, and corrected his various proofs at Richardson's, and I prepared the result sheet from numbers and details I received from him by post and telegram, and through Miss Ford and Mrs. Jackson. The result sheets were printed and delivered to Mr. Jackson at Streatham. I never kept books or papers relating to this business"—he was kept at the station until Inspector Stockley arrived with the warrant, which was read to him with the other prisoners—he did not say any more in my hearing.
Cross-examined. I only had a copy of the warrant with me.
JAMES STOCKLEY (Detective Inspector.) On March 8th I received a warrant for Jackson's arrest—I arrested him on March 15th at Manchester, where he was carrying on a business—I brought him to Bow Street—I have counted the number of horses and numbers and figures in the result sheet—there are.'3,800 words which would have to be paid for if it was telegraphed—I also counted the numbers purporting to be every 250th drawer; there were.336 of them—the statements show that there would be at least 84,000 competitors—allowing four seconds for each coupon, I have calculated that it would take three days twenty-one hours' continuous working to draw the 84.000 coupons, which is at the rate of fifteen a minute, without any refreshment or sleep—it would not matter how many persons worked, as only one person could draw from the wheel at a time, if there was one—I find that the horses in the result sheet are in the exact order of the Raring Calender of 1904, and they are arranged in the Calender, except that His Majesty's horses are first, alphabetically under the owner's names—in four instances I find that the same number is drawn against certain horses.
W. E. RICHARDSON (Re-examined.) We printed this pamphlet, called "Turf Investments"—I saw Parker in regard to it soon after the Derby it was put in hand on May 21st—Parker brought the matter round for me to compose—there had been a book something like it before, and he wrote it up—ho pave me some in typewriting, and some of it was in his writing—I made the pamphlet up from his copy—he did not say whose composition it was—we printed 25,000 of them.
By the COURT We have never printed for bookmakers before.
Cross-examined. It is a book for Jackson, and he paid us for it.
MR. MOYSES submitted that there teas no evidence that Parker had obtained any of the money by false pretences, and that every shilling went to Jackson who used Parker as his tool. Mr. Muir submitted that if two persons conspire to obtain money and one obtains it, it is obtaining by both. The RECORDER decided that the case must go to the Jury, as it was difficult to ay that there was no evidence to go to them.
Parker, in his defence on oath, said that the statement which he made to Gough was correct; that it had always been his defence, and is now, and that he had every reason to believe that he was acting honestly. In cross-examination he stated that Jackson told him the tickets were drawn in heats; that four horses were allowed for every thousand tickets; that any little difference he, Jackson, would adjust; that there were 300 horses to draw, which would mean 75,000 persons provided with horses; and that although there were 84,000 persons competing, it would not be unfair to the remainder, as all differences would be adjusted.
Evidence for the Defence.
JESSE MACMILLIAN . I live at 2, Claylands Road, Clapham—I carried on a typewriting business under the name of Mrs. Baker, as the Imperial Typewriting Company, at 168, Piccadilly—I moved to 11(5, High Holborn, where it is still carried on—I repeatedly saw Jackson and heard his instructtions to Parker—I once saw a lottery wheel, and heard Jackson explain how a lottery took place—the results came to me from the Friday to the Monday, some from Mrs. Jackson, and some from Miss Fox, who I believe was Jackson's head clerk—the whole of the work done, left very little profit.
Cross-examined. None of the results came before Friday—they came in instalments—I received them as they came in and typed them—Parker may have opened some of them, but not before Friday—all we received on the Friday was some of the 250th, numbers which were drawn—on the Saturday we received some more of the 250th numbers—we received some of the numbers on pages 1 and 2 of the result sheet about 12 a.m. on the Monday.
PARKER, GUILTY . Judgment respited on both prisoners.
MR. GREEK Prosecuted; MR. MARSHALL HALL, K.C., and MR. MOORE
The Jury being unable to agree, were discharged without, giving a verdict, and the trial postponed until next Session.
NEW COURT.—Tuesday, May 31st, and Wednesday, June 1st, 1904.
Before J.A."Rentoul. Esq., K.C.
448. THEODORE CHARLES SHELFORD (36) and THOMAS CHARLES BELL (33) , Conspiring contrary to the Debtors 1 Act and after the presentation of the bankruptcy petition of Shelford to remove and conceal property to the value of £10 and upwards.
CHARLES SPURGEON DAVIES . I am a qualified medical practitioner, of 19, Green Lanes, Holloway—I have attended Mr. Geer, of 16, Avenue Road, Harringay—he is suffering from a fractured rib on the right side—I last saw him this morning—he is absolutely unable to attend here and give evidence.
GEORGE IXGLIS BOYLE . I am a messenger from the Bankruptcy Court I produce the file in the bankruptcy of Theodore Charles Shelford—the petition was presented by the bankrupt on January 8th, 1903, about 4 p.m.—the Receiving Order was made the next day, and he was adjudicated bankrupt of February 2nd.
Cross-examined by MR. STEPHENSON. I have the statement of affairs here.
PERCY MASON . I am a chartered accountant of 64. Graham Street, and trustee in the bankruptcy of Shelford—he carried on business as T. Shelford Co., at 9, Wedmore Street, 73a, Rupert Road., and 6a, Junction Road, Holloway, as a manufacturer of pianofortes—Bell was his manager—on January 8th, 1903,1 was instructed by some of Shelford's creditors to attend a meeting at the Great Eastern Hotel, Liverpool Street, between 12 and 2 o'clock—both prisoners were present—this balance sheet (Exhibit 7) was produced—a solicitor attending on behalf of Shelford, made a statement, and this balance sheet was handed to the creditors—it shows liabilities to various creditors as scheduled, £3,789 18s. 3d., and assets £3,889 18s. 3d.—the stock-in-trade, according to the stock sheet to December 31st, 1902, is £2,065 18s. 3d., and the cash in hand £40—no bills of exchange are mentioned among the assets—the balance shown is £100 assets over liabilities—the list of creditors produced showed a total of £3,789 18s. 3d.—among the creditors is T. C. Bell, £1,501 4s. 4d.—Mr. Meek is not disclosed as a creditor—I asked Shelford at the meeting why that was, as it had come to my knowledge that he had accommodation bills; I said, "Have you ever discounted any accommodation bills for Mr. Meek?"—he said he had not—Shelford offered at the meeting to pay 20s. in the pound between twelve and eighteen months, by bills—he gave an alternative offer of 4s. 6d. in four, eight and twelve months., and a guarantee of a second instalment—these proposals were not accepted by the creditors—I became trustee on February 2nd, the Official Receiver being the interim trustee—the statement of affairs was filed on March 2nd—the liabilities shown are £4,793 1s. 1d., and the assets £3,66") 1:1s. 9d. that is after deducting £54 8s. 9d. for a preferential claim—the deficiency is £1,127 5s. 4d.—the liabilities include an alleged liability to Bell of £i,505 18s., described as in respect of monies advanced
and payments made on account of the business and salary to December, 1902, of which I.O.U.'s are held for £750—Shelford has" not produced any document in support of that claim, nor any entry in any book, nor any receipt; nor has Bell—proofs were admitted to the amount of £4,478 and further proofs have come in for about £300, making about £4,800—the assets realised were £1,708, which includes goods seized under search warrants—giving credit for all that, the deficiency is nearly £3,000, exclusive of Bell's proof, which I disallowed—the name Meek appears as a holder of bills drawn by the bankrupt, some of them accepted by Cullingford—these have been admitted to be accommodation bills—Meeks roof amounts to £3,304 12s. 10d. in respect of bills—some are good trade bills—Meek's net proofs, after deducting bills, amount to £1,426 9s. 8d.—Bell was privately examined on March 2nd and 26th—between those dates I applied to the Registrar in Bankruptcy and obtained search warrants and took them to the tipstaff's private residence—on March 4th I went to Bell's house in Colebrook Road—I saw Miss Bell—there were Some pianos, baize, and other materials there—on march 23rd, after the Warrants had been issued, I had an interview with Shelford—he volunteered the statement that Bell was entitled to remove goods, as he owed Bell money—he mentioned that Bell had a judgment, and that he would like to remove the goods—in view of Bell's private examination and these statements, I wrote one or two letters to Bell for the purpose of making inquiries—on April 15th I wrote,'"I shall be glad if you will make an appointment for Monday next, the 20th inst., at my office to produce the receipts for the payments you said you have made to the Sheriff"—I never received them—I wrote again on April 21st, "With reference to my letter to you of the 15th inst., I shall be glad to hear from you thereon"—I received a telephonic reply that Bell was in the North, and would make an appointment when he came back—he made no appointment—when I was appointed trustee I went into possession of the factory at 9, Wedmore Street on February 3rd—I saw the stock—I instructed Messrs. Holmes Co., auctioneers, to realise it—it realised £492 12s. 6d.—I estimate the cost price of that stock at about £800—I also instructed Messrs. Holmes Co. to realise the stock which was afterwards brought to the factory when the search warrant had been executed—that realised £247 1s. 6d.—included in the stock realised from New North Road were three pianos, an organ, and some odd things valued at £45, so that the stock actually realised £202 1s. 6d.—that stock was not in the list of stock shown on January 8th—seventy-two Fletcher's piano actions were in the list—there were nineteen at Wedmore Street when we took possession, and eighteen in New North Road—some were in pianos being completed, leaving twenty-five—thirty-four piano backs—were in the balance sheet—we found fifteen at Wedmore Street and nine at New North Road, seven being in pianos—of the 250 music wires in the balance sheet we found 119 at Wedmore Street and eighty-seven at New North Road—the debtor's public examination was on July 28th—the transcript is signed by the debtor—some of the debtor's books were transferred to me—a good many of the entries are made by Bell—I
produce a list of those books (Exhibit 10)—no current cash book was handed over, nor goods outward nor goods inward books—an invoice book was handed over, which might be called a goods inward book—that went up to J'.R)2—there was no current press copy letter book, nor current stock account book—I found no entry in any book of any transaction with Cameron.
Cross-examined by MR. STEPHENSON. On March 23rd, Shelford came and told me that he had given permission to Bell to take goods away, because Bell had paid money on his account, and had a judgment—I have no knowledge that Bell did so—he is not entered in the wages book for a considerable period as receiving any wages—I do not know his position—I believe ho was manager—I have had interviews with both Shelford and Bell—I do not know what took place between them prior to the meeting of creditors—a pony was not included as part of the stock—a horse and trap sold for £22 13s.—they may have cost double or three times that amount; they were bought some years ago—I have never heard anything against the way Shelford was carrying on his business until this matter—I never heard about his owing wages; I think he said Bell paid money on his account—I took it that Shelford came to me specially to make the statement that he had given Bell permission to take goods away.
Cross-examined by MR. CONDY. I do not think I have spoken to Bell about money owing to him—he put in a proof—I served him with the usual notice to prove how he made it up—his judgment for £750 14s. was obtained just prior to the meeting of creditors; it was simply a consent judgment, and as trustee I looked upon it as not evidence at all—he put in I.O.U.'s at his private examination—he did not tell me personally, but he said in his private examination that he had advanced money to Shelford—the figures in the pass books show cheques to Bell—he had wages up to a certain date—there are no entries crediting Bell in the books—Bell's was the master mind, in my opinion—I have no knowledge that he lost £1,500 over Shelford, or that he ever gave a penny to Shelford.
Re-examined. I find on February 9th the last cheque to Bell is for £7—with regard to the judgment a writ was issued on December 23rd, 1902—there was no appearance—I sent for a full account of the £750 and the £4 14s. costs—seeing it was a consent judgment, I looked upon it as suspicious, as it was, being on the eve of the bankruptcy—supposing I am wrong there is an appeal to the Judge—Bell did not appeal—the I.O.U.'s do not bear any dates—there was no material upon which I could say that £1,500 was owing to Bell from Shelford.
HENRY HARRISON . I am a clerk to Messrs. Flux, Leadbitter Neighbour, solicitors, of 144. Leadenhall Street—they acted for Mr. Percy Mason, as trustee in Shelford's bankruptcy—acting on Mr. Mason's instructions; we applied to Mr. Registrar Linklater for a search warrant, and on March 4th I accompanied the tipstaff, Mr. Mason, and certain creditors, to Bell's house in Colebrook Row—I did not see him—nothing was removed—the next day, March 5th, we went to John Bell's yard and found a quantity of veneer, trusses, and piano planks in a stable at the back—goods were
pointed out by Mr. Souhami and other creditors to the tipstaff—the same day we went to 393, New North Road—I had been there before to make inquiries, and to come in contact with Bell—the premises are about five doors down New North Road on the right hand side out of the Essex Road—there is a shop front with lead glazed windows, and when the door is opened there is a kind of builder's shop with building material in it—the name "Smith" is up—there is nothing to indicate a piano business, and no name of "Wagner Pianoforte Company"—at the rear is a revolving shutter door, and another narrow door in the centre, which is opened by someone to enquire your business in reply to an electric button—I did not get in till I went with the tipstaff, Souhami and others—Bell was then standing inside—the tipstaff said, "I have come to search these premises"—Bell said, "You cannot come in; the premises belong to Mr. Hanff; he is not here; you will have to wait till he comes"—the tipstaff said, "My warrant is to search the premises of Wagner Co., Ltd."—Bell said, "Come on then," and gave us access to the premises—inside the revolving shutter the left hand side of the work shop was partitioned off with a new wooden partition, and on the right was an enclosed office—about a dozen men were at work in the shop; I took their names, and they all, in answer to my questions, said they had formerly worked for Shelford; they were John Doughty, Charles Strickland, William Prime, Frederick Pool, Frederick Agney, Charles Eldredge, H. Wood, H. Harrow, and Marshall—there was a very large quantity of material and pianos in different stages of construction—Mr. Fletcher pointed out some actions—I said, "Are those yours, Mr. Fletcher?"—he said, "Yes; I have never sold them to Bell, or to the Wagner Company; and materials were pointed out which had been sold to Shelford—subsequently Souhami said to Bell, "I want to go in here "; that was into the office—Bell said nothing—going in Souhami identified a very large quantity of veneer which had been sold to Shelford—as the goods were being removed Hanff came in, and said, "What's up now?"—Bell said, "I suppose they are going to clear the lot"—Hanff went out, not speaking to anyone—as the goods were taken away I made this list (Exhibit No. I)—it includes a large quantity of veneer and pianos partly made, also actions, planks, trusses, sections, and other materials for making pianos—the goods were removed in five vans—the same day we went back to Colebrook Row—the pianos and packing I had seen the previous day had gone—Mr. J. C. Meek, 14, Windmill Street, was a client of my firm—he died on February 3rd—he was a music smith, and manufactured iron frames for pianos—he discounted bills for the piano trade only—I knew him for thirty years—on January 19th, 1903, ten days after the receiving order he gave me those three bills drawn and endorsed by Shelford Co." for £27, £27 and £25, with this covering letter of January 12th, asking me to discount them—I handed them over to the Official Receiver the same day—they have since been paid—Meek was a creditor in the bankruptcy for £1,400—I produce a number of unpaid bills to the value of £591 18s. 9d.—those include eight bills, receipted by Charles Cullingford,. for £273 5s. 9d.—some of these were dishonoured in December, 1903; for £43 2s. 6d., £49 5s. and £33 10s.—another bill of Meek's for
£68 15s., accepted by Thomas Ball, was due on January 20th; another for £72 15s., drawn on June 4th, 1902, by T. C. Shelford Co., and due on January 7th,1903, upon A. Cameron, 21. Mincing Lane, E.C., and accepted; payable at the Capital and Counties Bank, Upper Street, Islington—all those bills are endorsed by Shelford—none have been paid—I attended at Shelford's solicitors' office to inspect, the original stock sheet which had been produced at the private meeting of creditors—I was shown this document—to the best of my belief the figures at the foot of the. list are Bell's writing—I made a copy of it—it brings out. a total of £2,065 18s. 3d.—it shows the items made up are the figures of the stock appearing in the balance sheet of January 8th.
Cross-examined by MR. STEPHENSON. I did not sec Shelford at the Wagner Company's premises.
Cross-examined by MR. CONDY. I have seen Bell's writing on hundreds of bills—I am positive the name "Wagner Company" was not up—I heard a witness say in re-examination that it was—I heard that it was—we left a few benches and fixed materials in the place—Bell said some of the goods were Hanff's—he still maintains that—Hanff brought an action, which was dismissed for want of prosecution—we took, away goods not identified—I do not know that some goods were purchased by the Wagner Company subsequently to the removal of goods by John Bell, nor that Bell at one time carried on business as Cameron—he said in his examination he had seen the man A. Cameron—my firm issued a writ on the bill against Cameron in the bankruptcy, when Bell stated that the acceptance was his.
Re-examined. I was present on March 2nd when A. Cameron was brought to the Bankruptcy Court to see if he could identify anybody—Bell said he knew him—it was then said that Bell carried on business as Cameron—Bell admitted his writing on an acceptance—he did not offer further resistance at 393. New North Road because it was useless, there being the tipstaff and six or seven other people, besides police stationed at the door—no attempt has been made to dispute the right of the trustee to remove any of the goods.
LEON SOUHAMI . I am a veneer merchant, of 321, Old Street—I supplied T. C. Shelford Co. from time to time with veneer for some years—I went with the tipstaff to and over the house at 2, Colebrook Row on March 4th—in the basement or kitchen in a cupboard I saw some green cloth used in the manufacture of pianos—I noticed two or three pianos and an organ—one of the pianos had the moulding broken off the top and one had a marquetry panel of my own pattern—in 19011 bought about £1,000 worth of veneer in Paris—I always mark the veneer I buy with a number or a letter—I marked this veneer by letter—I sold about £280 worth to T. C. Shelford Co. on credit—this is the receipt, dated February 5th—it was received by T. C. Bell—I was not paid—I claim in the bankruptcy £339 13s. 4d.—I went to 393, New North Road on March 5th—I saw Bell—he said the goods belonged to a man named Hanff—I found on the premises some of the Paris consignment of the veneers I had sold to Shelford & Co. on credit—I identified them by my own lettering—I went to Bell's yard twice—I also saw some of my stuff there.
Cross-examined by MR. STEPHENSON. I have been paid before, but not this last time—I only saw Bell, not Shelford, at these places.
Cross-examined by MR. CONDY. I recognise my veneer by my experience of twenty-five years and by my initial lettering and numbers on the veneer found on the premises—I saw an organ at Bell's which was not there afterwards—I recollect seeing three pianos.
Re-examined. Exhibit 11 relates to No. 20477 walnut veneer, which had upon it my lettering, besides which I recognise the figure in the veneer itself—it could not have been bought by the Wagner Company, because I recognised the very stuff I sold to Shelford—I did not sell to other persons with the same figure.
HENRY JAMES FLETCHER . I trade as H. J. Fletcher Co., of 81, City Road—I am a creditor in the bankruptcy of Shelford Co. for £317 14s.—I went with the tipstaff and others to 393, New North Road on March 5th—the tipstaff wanted admittance, and Bell refused it—Bell said to me, "The goods there belong to Mr. Hanff"—he denied that there was a store room—eventually we found there was one, which contained a number of veneers, actions, and fittings for pianos, and there was a factory in which were pianos partly or nearly finished—I can swear the actions we found were supplied to Shelford Co. by me—we have the name of the firm stamped on each action—of this action we supplied a particular size and kind we had not supplied to any other firm.
Cross-examined by MR. STEPHENSON. I did not see Shelford on this occasion—I have known him for many years—I have had a fair amount of dealings with him—he was straightforward apart from this occasion.
Cross-examined by MR. CONDY. There was opposition to our going into the place at the commencement, but not afterwards—Bell said, "All the goods here belong to Mr. Hanff—I had a slight acquaintance with Bell as an accountant.
JOHN WARDE HANFF . I live at 99, Nelson Road, Crouch End, and am employed by G. and 0. Whetman, piano material makers in City Road—I went with the tipstaff to 393, New North Road, and saw similar stuff to that which our firm supplied to T. C. Shelford Co.
ALBERT HAWKINS (Police Sergeant.) I was present at Clerkenwell Police Court on April 25th when Arthur Geer was sworn and examined as a witness—opportunity was given to both prisoners to cross-examine.
The Deposition of Arthur Geer. "I am managing clerk to Messrs. Holmes Co., auctioneers, of 6, Mortimer Street, W. In February, 1903, on instructions from Mr. Mason, I went to 9, Wedmore Street, and made a list of the goods on the premises. We got instructions to sell the property. On June 18th the goods were sold. I prepared a catalogue from the list I had made. I produce the catalogue (Exhibit 12). The goods realised £492 12s. 6d. In March, 1903, a quantity of other goods were brought to 9, Wedmore Street. I made a list of these goods. They were sold on February 3rd, 1904, by order of the trustee. Those goods were the marked lots in the catalogue now produced marked 13. They
realised £217 1s. Cross-examined. (by Bell.) Lot 47 realised £12 15s., 48 £10 49 £12.,50 11., 511., Ol' £14. £8 5s.,54 £7 10s.,. 57: £4 10s.
JOHN BELL . I live at 40, Marlborough Road, Upper Holloway—I have a yard and stables at 8ii. Marlborough Road, and let vans on hire—in December. 1902, and January, 1903 I was employed by Bell to remove goods from his Rupert Road factory, to '.), Wed more Street—I knew Hell as manager to Shelford it Co. and I took the order to be Shelford's—up to January 7th, my vans were at work in removing the parts for the manufacture of pianos—on January 8th, an order was given in the yard to go to the factory at Wedmore Street, and I sent two Pantechnicon vans to be loaded under the care of Digby, my foreman—the vans were brought to my yard and remained till the end of January—Bell came and told me he should want some of the things taken out, and they were taken away in smaller vans—Bell said they were waiting to get another factory—I booked the orders to Shelford and the cost of keeping the vans in the yard—I received in sums form time to time £20 altogether; my total charges were £20 10s.—the balance not being paid, I stopped any more goods going away—the goods were afterwards seized by the tipstaff of the Bankruptcy Court on my premises—the rest had been taken away in small van loads in January—Bell paid the account.
Cross-examined by MR. STEPHEXSON. I booked the goods to Shelford in consequence of a conversation with Bell, who gave me the orders.
Cross-examined by MR. CONDY. I wrote to Shelford to ask for money, because I was told to look to him as he was responsible—every order was given by Bell—I was given to understand that Bell was to start premises somewhere else—no pianos were moved—I applied to Bell for money; nobody else paid me, and I took them to Bell's premises.
Re-examined. I made out one account for the removals from Rupert Road to Wedmore Street and to my yard.
WILLIAM DIGBY . I am a carman employed by the last witness—I took goods to 9, Wedmore Street from Rupert Road, about January 8th; the" first order I had from Bell—I was to go to the Two Brewers in the New North Road, to meet him—he took me to a glass door, where I stood some time, and when he came out I unloaded—he told me on the first occasion I was to take no notice where the things had gone to—the goods were parts of pianos—they were some of the goods I took from Wedmore Street in two pantechnicon vans which remained in our yard not many was over a month—the first van was loaded about 7 p.m., and the other followed on—the order was received about—I p.m.—when the vans were in the yard I met Bell, and he told me he should want a certain part removed to New North Road, and I put the goods in a smaller van with one horse—the first lot I took to a public house in New North Road about three doors from the factory.
Cross-examined by MR. CONDY. Several people engaged by Bell unloaded; I stood in the van and delivered—we were about fifteen minutes putting the goods into the small van—I said before the Magistrate we were two hours from the time we first started from Wedmore Street to
getting to our yard—I loaded two pantechnicon vans and got away about five o'clock—I was engaged till nine o'clock.
JOHN DOUGHTY . I live at 142. Fairbridge Road, Upper Holloway—I was employed by Shelford in Wedmore Street as a fly finisher—I assisted Digby to load two pantechnicon vans at the factory of Wedmore Street—Afterwards the Official Receiver took possession of them—I was one of the Signatories of the wagner piano company—Bell asked me to be—I had never been a signatory before—he said I should benefit by it—I went to 393, New North Road to work—Bell employed me—I saw Shelford there at times—he came once, twice, or three times a week—I remember Digby bringing two vans to New North Road—I helped to unload them—it was the same sort of stuff that I had worked on at Wedmore Street—other persons were employed at New North Road whom Shelford had employed before—there were twelve to fourteen employed—Shelford had employed Charles Strickland, Agney, Eldridge, Harrow, Dugget. Pelling, and Alliston, but I do not recognise William Prime, Trule, Slow, or Marshall.
Cross-examined by MR. STEPHENSON. When I saw Shelford there he was not taking part in the management of the business.
Cross-examined by MR. CONDY. The name of the Wagner Pianoforte Company was above the door—I was to be a shareholder—Bell told me if the company succeeded we should get a bonus—shortly afterwards the business was stopped.
Re-examined. The name Wagner Piano Company was put up after the first week and remained a month or five weeks.
FRANCIS WILLIAM BOUSTEAD . I am a clerk in the office of the Registrar of Joint Stock Companies—I produce the file of the Wagner Pianoforte company, Limited—the company was registered on February 12th, 1903, by Mr. Clarke, a solicitor, of Islington—the object was to establish a pianoforte business with a nomianl capital of £1,000 in £1 shares—the subscribers to the Memorandum of Association arc Edward Mayer. John Doughty, Charles Strickland, Thomas Charles Bell. Thomas Duffy, Albert Harris and Henry Michael Rope—some are described as finishers, fitters-up, and so on—each subscribed one share—the registered office is 393, New North Road—no further capital was issued.
Cross-examined by MR. STEPHENSON. Shelford's name does not appear in connection with the company.
EDWARD HANFF . I live at 48, Montpelier Road, Kentish Town, and am manager to Cohen Co., pianoforte manufacturers—I was one of the signatories to the Wagner Pianoforte Company's Memorandum of association in the name of Edward Mayer—Bell asked me to sign—he told me he was floating a company and required seven signatories to it, and asked if I would be one, and I said yes—I was to be traveller at £2 10s. a week and expenses—I never paid a farthing into the company, nor received any share—I did not instruct the solicitor to register the company nor pay the costs—I had nothing to do with it—I sold to the company workmen's benches and tools—I had no materials for making pianos—I
had tools and benches; I asked Bell to buy them; he said yes, and I sold thorn to him—I was not paid for them—I have not got them back.
Cross-examed by MR. CONDY. I bought, goods for their company as their servant—the invoices went to Bell direct—I was to have fifty paid up shares—the landlord of the premises said lie would not accept a limited company as a tenant, but he would accept me—I do not know of any goods being sent in by Bell—goods invoiced to me were brought into the office—they were there when the tipstaff cleared the place out—they were paid for by Bell through me—I have known Mr. Deighton, of 90, Chapel Street, for years—I believe he sent in frames—I believe Mr. Cashiney, a hammer cutter, of 251. Kingsland Road, sent in goods—the tipstaff cleared out all the goods—the name Wagner Pianoforte Company was above the door on a cardboard sheet, about ten inches by eight—I do not know when it was put there, but I saw it there time after time—I was there about a month—I saw it in February—it was there when the tipstaff came—I have no doubt about it, because I made the remark at the time—I was brought up in the name of Mayer and used that name, and that is why I signed it to the Memorandum of Association.
Re-examined. I was responsible for the rent; it was paid monthly—Bell paid it.
JOHN BROUGHTON KNIGHT . I am examiner in the Official Receiver's Department—I produce the Preliminary Examination of Shelford taken on January 9th, the date of the Receiving Order—in reply to my question, he said he had no bills or securities—he did not disclose the three bills of exchange, value £70 Ids.—on January 15th he furnished a preliminary list of creditors—Mr. Meek was not disclosed—the question was put to him on January 9th whether he had transactions in accommodation bills—his reply was, "I have no transactions in accommodation bills; all ' Toy transactions have been in trade or business bills"—he said he had £40 cash—inquiries were made with regard to that, and I received this letter of January 16th. stating that the man in possession had been handed two bills for £25—is. and £12 12s.—on January 10th Harrison handed over three bills which he had received from Mr. Meek for £70—till then I had no knowledge of them—they bear Slumlord's endorsements—the one accepted by Cameron was due January 7th, 100—it is drawn by Shelford and endorsed in his writing—I handed over to Mr. Mason the books in the list (Exhibit 10) which I received from Shelford, and was in possession of till the trustee was appointed—I traced no entries of Cameron.
Cross-examined by MR. STKIHKNSON. I was present at the first meeting of creditors—Shelford modified his statement with regard to accommodation bills—he said it was not accurate that he had no accommodation bill transactions.
CHARTS CULLING FORD . I keep the Lord Hampden, Upper Holloway—I accepted the bills in the bundle produced to accommodate Shelford—I had no consideration for them—they were always met till latterly—I have accepted bills for the accommodation of Shelford for about seven years—I knew the prisoners as customers.
I have known Shelford and Bell four to five years as customers of my father's—I accepted this bill, dated June 17th, 1902. for £63 15s.—Bell or Shelford asked me—they were both together—I had no consideration; I was merely obliging friends—I received a post-dated cheque for January 20th, 1903, from Shelford within a month of the date of the bill—the cheque became payable after the bankruptcy—I did not pay the bill—I had had similar transactions—I believe Bell was present.
ALEXANDER CAMERON . I am a clerk, of 182, Malpas Road, Brockley—I knew Bell as Collinson—I have known him about ton years—I was present at the Bankruptcy Court, but did not recognise him—I last saw him five years before that—I was employed at 21, Mincing Lane in 1901—I never knew Bell carry on business as Cameron there—I do not know Westwood in connection with Bell—this bill, drawn by T. C. Shelford Co. on, and accepted by, A. Cameron, 21, Mincing Lane, is not accepted by me nor by my authority.
Cross-examined by MR. STEPHENSON. I did not see Shelford in connection with the matter.
Cross-examined by MR. CONDY. I know Ronald occupied premises in Mincing Lane—Bell has called on me in Mincing Lane—I never know that he carried on business there, or had letters addressed there—this is the first I have heard of Bell going to see a Mr. Slade in Mincing Lane.
GEORGE SAWYER . I have been housekeeper at 21, Mincing Lane going on for thirty-five years—during that time no name of Cameron has been put up as occupying an office there—it is not true that Bell carried on business there as a shipper in the name of Cameron in 1903—a gentleman named Cameron called at Reading Co.'s office about 1900 for two or three letters—I do not recognise Bell—I do not know Ronald or Westwood.
Cross-examined by MR. CONDY. There are about seventy-four tenants—Cameron was stout, clear-skinned, and very fair—he was not Bell.
ALBERT HAWKINS (Police Sergeant.) On March 24th I saw Shelford at Southend about 11 p.m.—I asked him if his name was Theodore Charles Shelford—he said, "Yes"—I said I was a police officer, and held a warrant for his arrest—I read it to him (Produced)—he said, "It is not so; I cannot understand it"—I conveyed him to Holloway Police Station in the morning—I have been to St. John's Mansions, Minories—I have not been able to find anyone who carried on business in the name of Cameron.
ALFRED BALL (Detective Sergeant) On March 24th I saw Bell in Cole-brook Row—I asked him if his name was Thomas Charles Bell—he said, "That is my name"—I told him I was a police officer, and held a warrant for his arrest for conspiring with his late employer, Theodore Charles Shelford, to dispose of his property—he said, "Shelford's affair; I will come with you"—I took him to Holloway Police Station—ho said on the way, "I admit having removed some of the things, but it was before the Receiving Order was made, and I consider I was acting quite right"—he made no reply when charged.
before Registrar Linklater—I took a note of the questions and answers—the transcript is on the file—I also took a note of the public examination of Shelford on July 28th—a correct transcript is on the file. (The important passages from these documents were (hen read.)
Cross-examined by MR. CONDY. It is customary to read over the evidence to a witness at a public examination, but not the evidence given at a private sitting.
CHARLES VINER EDSALL . I am a shorthand writer to the Bankruptcy Court—I attended before Registrar Link-later on March 26th and took notes of Bell's evidence—a correct transcript is on the file. (The important passages were then read; also further portions of the public examination of Shelford.)
Bell's statement before the Magistrate: "I have never denied that I took certain goods from Shelford's place on January 8th."
Bell, in his defence on oath, said that he advanced Shelford moneys in addition to not having received his salary, and claimed £1,50; in Shelford's bankruptcy: that he took away 'he goods from New North Road openly in payment of a judgment against Shelford; that he floated the Wagner Pianoforte Company, and stored goods in Bell's yard till a factory could be found, but that company was stopped by the tipstaff: that trading as Cameron he ordered goods from Shelford Co., and gave the bill in that name, but he had no intention to break the law.
Evidence for Bell.
WILLIAM ALFRED SIMCOX . I am a chemist's assistant in Penton. Street, Pentonville—I first knew Bell as dealing in builders' material—I knew him in the Minories as Cameron—he was in business there as an gent for about twelve months—I think it was in George Street—I went there twice.
Cross-examined. He told me he was trading in the name of Cameron—I went with him one Bank Holiday to the Minories to get some letters—I went there again, not on business, but to meet him—I have never been in trouble—I have never been to the Clerkenwell Sessions.
HFNRY MICHAEL ROBIXSOX . I am a solicitor's clerk—I know Shelford and Bell; Bell for four or five years at 21, Mincing Lane, and at Pentonville Hill—I have heard him addressed as Cameron by casual acquaintances—I did the books for Shelford Co. between 1901 and 1903, during which time the wages book shows that Bell did not draw any wages.
Cross-examined. I do not know what became of the books—there was a full set of books kept.
JAMES KEW . I am a piano iron frame manufacturer, of Little Camden Street, Camden Town—I supplied goods at 393, New North Road, to the Wagner Pianoforte Company—I did not observe the name over the door—Bell paid me for them—these are my invoices receipted, for about £7—it was about £26 altogether—this invoice of February 9th is for twelve frames—all the goods' I supplied to the Wagner Company were paid for—£9 and £14 appear to have been paid to me from this book, but there was more than that sold and delivered.
Cross-examined. Non" of these invoices are after March 4th.
ARTHUR DEIGHTON . I supplied goods early last year to Bell at 393, New North Road—I know the place as that of the Wagner Pianoforte Company—Bell paid for the goods—these are the invoices—I supplied goods to the amount of £25 10s.
GUILTY . Judgment respited.
Before Mr. Justice Channell.
MR. BODKIN and MR. STEPHFNSON Prosecuted; MR. WARD Defended.
MARY SAUNDERS . I am the prisoner's wife's cousin—I live, and was living on April 24th, at 214, Queen's Road, Plaistow—the prisoner lived there with his wife and four children: William, between nine and ten; Grace Florence, seven; Frederick, five; and Joseph Thomas, seven months—they occupied two rooms on the first floor and an attic above, where the three elder children usually slept—the prisoner, his wife, and the baby slept in the front room on the first floor—the prisoner was employed at a business in Rupert Street—just before I went to live with them, about a year ago, the prisoner lost two of his children, who died about the same time, and were buried the same day—on Monday morning, April 18th, I heard the prisoner go out—he was absent till the following Sunday morning, April 24th—I was then in bed in the first floor room with the prisoner's wife and the baby Joseph—Frederick was also sleeping in the room—up stairs were sleeping William and Grace—when I woke up at 7 a.m. the prisoner was lying on the bed—I dressed and took the baby into the kitchen and put him in a little chair—I lit a fire, gave the baby the bottle, and made some tea—Frederick followed me into the kitchen—soon afterwards the prisoner came into the kitchen dressed in his shirt and trousers—I did not notice, but I thought he was all right—he looked at the baby—I asked him where he had been—he said, "Hopping"—I said, "You do not look very brown; I suppose the weather has not been hot enough"—he said, "No, I suppose not"—I was trying to open a condensed milk tin with a blunt pair of scissors—he offered me a pocket knife, and said, "It is sharp"—I did not take the knife—before I had finished opening the milk he said he had only got a penny, and asked me to get him a seidlitz powder—he gave me the penny—I had not got my shoes on, and I went into the next room put them on, and went out—the baby was sitting in the chair and Frederick was in the kitchen—Gracie was up stairs with the other boy—Mrs. Folkard was in bed—I was away about five minutes—when I came back I found Mrs. Folkard in the passage—she said something to me—I went up to the first floor—on the attic landing I saw a large pool of blood—I called out, "Will, Will, are you there?"—after a moment or two I heard the prisoner,
who was in the attic, say "Goodbye all, dear Grace is gone"—I ran down stairs to a neighbour, Mr. Hutson, and returned with him to the attic—the prisoner was kneeling beside the bed—I saw blood on his shirt—I was frightened—I ran down stairs—I afterwards saw the baby lying on the bed in the first floor front room—its throat was cut—I know the prisoner's writing—this is his writing—I saw his wife take this paper from his trousers pocket after his trousers were taken off by the police, and after he had been taken to the infirmary (Read:) "From St. Paul's Station to Chatham, ditto on to Wouldham; stopped two nights, crossed to Hailing, Cuxton, through Strood, Rochester, Chatham, Sittingbourne, on to Canterbury; from Canterbury home; after all, between 95 and 100 miles on foot. I should liked to have settled the lot (but they arc all very, very good children); but think if Willy and Freddy get 10 years older they will look after their mother. Gracie's a good girl, but girls at the best are no good for supporting their parents, and little Tommy is so young. I was all right after I left Wouldham until got into Chatham, I went their to find some friends, but did not, was drunk from then until got home with the D. tt.'s."
Cross-examined. I have not known much of the prisoner and his wife—I was with them two months in 1900—T knew her first—the prisoner had been a good husband, a kind father, and was particularly fond of Florence and little Tommy—I went there after the funeral of the two other children—the prisoner seemed upset about their death, and worried because he could not put up a gravestone—he had not the means—he would sit and not speak for hours in the kitchen—this year his wife was ill—the doctor said she would probably not recover—that very much upset the prisoner—he has only wandered about since he has been so ill—during the last few months he has been melancholy and depressed Re-examined. His wife had been ill about six weeks when this occurred—once in each week before this he stopped away two nights—he did not come home from work—I did not ask for an explanation—he never mentioned it.
CHARLES HUTSON . I live at 257, Queen's Road, Plaistow—the prisoner is my stepbrother—I last saw him before this matter occurred on Saturday, April 16th—he seemed all right—early on Sunday morning, April 24th, Mary Saunders called me—I went to the top attic of the prisoner's house and saw the baby lying with its throat cut on the landing, and in the room the dead body of Grace, also with her throat cut—she was in her night dress—the prisoner was kneeling by the side of the bed—I noticed this pocket knife on the bed—I said "Bill, how come you to have done it?"—he fell backwards on the floor as if he was fainting—then I noticed that his throat was cut—Alexander Perry came and we attended to the prisoner until Dr. Holt arrived—I knew the prisoner was working for a butcher in Rupert Street.
Cross-examined. I had known the prisoner about seventeen years—he has always been a respectable hard working fellow—for about nine years he worked for the same firm of builders as I do—in 1902 his children had scarlet fever—he was very much upset—he seemed to have recovered
in 1903, but to have given way to drink—he very much worried about the loss of two children—in March this year his wife was very ill, and not expected to recover—he seemed very much worried about it—I was often in and out, and saw a good deal of him—I believe he used to sit for hours in the kitchen and not speak—I found him changed in his manner after the death of his children.
ARTHUR HOLT . I practise as a registered medical practitioner at 336, Queen's Road, Plaistow—on Sunday, April 24th, I was called to the prisoner's house—I saw the baby Joseph Thomas dead, with a clean cut wound on its throat 2 1/2 in. long.—this knife might have caused it—I also saw Grace's body with its throat cut similar to the baby's—it might have been done with a similar instrument—that was the cause of death—I also found a small stab in her shoulder, and another on the side of her neck; both knife wounds—on the prisoner I found three superficial wounds on his neck; I attended to them—a constable called my attention to his trousers as he was taking them off—I found a knife wound on the left inner side of the thigh, which caused a deal of bleeding—it was 2 in. long—I noticed no appearance of drink about him.
ALEXANDER PERRY . I live at 281, Queen's Road, Plaistow—I went to the prisoner's house on this Sunday morning—I saw the two children's bodies, and the prisoner—I had seen him on April 19th in Shoe Lane, near Dane Co.'s, where I work—he seemed under the influence of drink, but in conversation he told* me he had been out all night, and he looked as if he wanted a wash.
Cross-examined. I have known him about six years—he has spoken of the death of his two children—he seemed very much worried about it.
WILLIAM KITE (K. R. 79.) I was in bed about 8.15 a.m. on April 24th, when I was fetched to the prisoner's house—I found Grace in the attic with her throat cut—I found this table knife on the attic floor near the window—there was blood on it—Dr. Holt was attending to. the prisoner—his trousers were saturated with blood—I found a wound on the inside of his left thigh—I called the doctor's attention to it—this letter in the prisoner's writing was handed to me by Perry.
ALFRED NICHOLLS (Detective Inspector.) I attended the inquest held by the Coroner for West Ham on the bodies of the two children on April 29th—after the verdict had been given I saw the prisoner at the West Ham Hospital—I told him I was an Inspector of Police, and should arrest him for feloniously killing and murdering his daughter Grace, aged seven. years, also his son Joseph, aged seven months, and that he would also be charged with attempting to commit suicide by cutting his throat—he made no reply—I put him in a cab and took him to the police station—he was formally charged—he made no reply.
Evidence for the Defence.
JAMES SCOTT . I am the medical officer at Brixton Prison—the prisoner was received there on April 29th—he has been under close observation since then—I have conversed with him for the purpose of gathering his mental state—I consider he is suffering from melancholia, a form of
insanity—from reading the depositions in the case, and from observation in the prison, I think on April 24th he was insane, and not in a condition to know the nature of the act he was committing.
Cross-examined. I questioned him as to his conduct—his recollection was not clear—his knew he had killed the children—now he knows he has done wrong—the only motive I could trace was from his statements, that when he was returning on his tramp between Chatham and London he felt exceedingly bad, with pains in his head and an idea to take his own life, and that it was better to take the lives of his children first, so as to make his wife's life an easier one—he had been in a depressed state for a considerable time, but latterly more than usual, and had drunk heavily, taking very; little food—when asked about the death of his children last year he said he felt it very much, and added. "I am not a chap to show much, but I feel it inwardly"—people charged with crime brighten up at times, but his depression was continuous—he said his cousin was insane, and his maternal grandmother also.
Re-examined. He said a lamp had fallen on his head about five years ago—he did not in Brixton Prison take much interest in what was going on around him.
ELLEN PEARSON . I live at 22, Upper Newton Road, Chatham—my husband is a lime burner—the prisoner is my nephew—his mother was my sister—there is lunacy in our family—my uncle, Stephen Martin was confined at the Chatham Lunatic Asylum—after his discharge he committed suicide by cutting his throat—another uncle, Richard Martin, was found drowned; he was always strange in his mind—George Hanchard, a nephew, was confined for three years at Barman Heath; Louisa Hanchard, a niece, is in the Brentwood Lunatic Asylum, and my son has mental trouble—I have not seen the prisoner for years, but I have heard from him.
Cross-examined. I last saw the prisoner about twelve years ago—I have heard of him through his sister and aunt—he seemed a bright and cheerful lad, loved by everyone that knew him.
GUILTY, but not responsible at the time. To be detained during His Majesty's pleasure.
Before Mr. Recorder.
MR. KNIGHT Proscribed; MR. MORRIS Defended.
WILLIAM HENRY WADE . I live at 602, Barking Road, Plaistow, and am a corn dealer—I have received forage in the course of my business from the prosecutor—when it came, invoices came with it from him—the first invoice I have is dated October 16th, for £3 12s. 6d.—I paid that amount to the prisoner on October 27th—he receipted the invoice in my presence; this is it—the next invoice is for one ton of mixture, delivered on October 23rd—I paid the money for it on November 17th to the
prisoner; this is his receipt—the next was delivered November 13th for £3 13s. 9d.—I paid that on July 5th to the prisoner; this is his receipt—the next was delivered on December 29th for £1 16s. 10 1/2 d.—I paid £1 11s. 10 1/2 d. of it to the prisoner; this is his receipt—I have known him for eight years—he continually called on me when in his last situation, and when he left and went to Mr. Whitlow, he continued to call—subsequent to October 16th I knew him as traveller to Mr. Whitlow—I paid him the money in that capacity—I knew I was receiving the goods from Mr. Whitlow—I paid the prisoner as his agent.
Cross-examined. I saw the prisoner some time after, and told him that a complaint had been made about his not having paid Mr. Whitlow,—he said it was muddled up, that he had something to draw from Whitlow, and did not know how things stood—the prosecutor has been supplying me with forage since October—there was a complaint about the nature of the stuff on one occasion—some chaff was a little damp and a deduction was made—I should not have paid the money to Mr. Whitlow then, unless I had had an interview with the prisoner first.
Re-examined. I did not know the prosecutor at the time I paid the money to the prisoner.
FRANK; WHITLOW . I am a farmer of Gregory Farm, Epping—last September I saw the prisoner—he said he had got some customers, and if I would give him a sample of chaff, he could sell it for me on commission; I did so—the directions I gave him were to sell the chaff for me, collect the money, and send it to me at once; then I was to allow him his commission—on October 16th I delivered some goods to Mr. Wade, sending an invoice—this is it, with my name and address on it, for £3 12s. 6d.—I have not received that money—this invoice of October 23rd, for £3 10s. 9d. is similar to the other case—I have not received that money—this one, of November 13th, is for £3 13s. 9d.—I have not received that money—the next is for £1 16s. 10id.—I have not received that money—I have not received any money in respect of those invoices from the prisoner or anybody—on November 11th I received a letter from the prisoner, which says: "Wade promises cash Tuesday next"—I understood from that that Wade had not paid any money, but was going to pay some—on January 11th, I received this letter from the prisoner: "Wade promised for Wednesday, so perhaps you had better leave it a day or two; I will then balance up all I can get. I will make every effort to collect"—I understood by that that Wade had not paid any money, but was going to do so—I wrote to the prisoner several times, asking how it was he could not get the money in, but got no satisfaction—I made inquiries—I saw the prisoner in the Broadway, Stratford—I asked him if he had collected any money for me—he said, "No, I have not"—I said, "Have you collected Wade's?"—he said, "No, I have not"—I told him I should County Court the lot—he said, "I cannot help it"—we went on a little way—I said to him, "What is the good of going on like this you have taken Wade's money, I have been to see Wade"—he said, "I have not"—I said, "We must go and see Wade, then"—he said, "Very well, we will go"—we went a few yards on, when he said,. "It is no good,
I have had the money"—I said, "What arc you going to do?"—he said, "Oh, I can give you your money"—I said, "Very well"—he said, "Will you come and sec me this day week?"—I agreed to do so—in the meantime I had a letter from him which I gave to my solicitor, and I have had no more to do with him—the prisoner did not buy any goods from me—he did not, to my knowledge, sell my goods to other people as his goods.
Cross-examined. The first part of the conversation I have spoken of was as the prisoner was just leaving a tram car—I did not speak in a loud tone, so that everybody could hear me—it was not arranged that I was to sell the prisoner certain goods at a certain price which he was to sell for what he could get, the difference to be his profit—I lent the prisoner £4 for his rent—my agreement with him was that I should pay him commission after I received the money—the prisoner admitted to me that he had taken the money, and I took proceedings at once.
Re-examined. I do not owe the prisoner money—if he had an account against me he has had every opportunity of making it out, and has not done so.
The prisoner, in his defence on oath, said that he was a dealer in forage that he met the prosecutor in September; that he entered into a verbal agreement with him to supply his (the prisoner's) customers with goods at prices which he was to send on to the prosecutor; that no arrangement was made as to when he was to send the money to the prosecutor; that he sent an order "Send the goods to" such and such a place, and he called and collected the money; that the prosecutor met him in a tram car and taxed him with having received Wade's money, which he denied at first but admitted afterwards; and that he had been waiting for a balance to be struck to sec exactly where he stood, but that in writing to the prosecutor he endeavoured to make him believe he had never received the money.
The prisoner here stated that he was
GUILTY , and the Jury returned a verdict to that effect. Discharged on recognisances.
451. MICHAEL ALLETT (60) and RICHARD COOK (40) PLEADED GUILTY to stealing a pig, the property of Alfred William Lawrence; also to stealing 160 lbs. of pork, the property of Alfred William Lawrence; also to feloniously killing a pig, the property of Alfred William Lawrence with intent to steal its carcase; ALLET If having been convicted of felony at West Ham on October 29th, 1903. One other conviction was proved against him. Twelve months' hard labour. COOK— Four months' hard' labour.—
452. ALFRED MAYHEW (25) . to stealing a gelding, a set of harness, and two rings the property of Alfred Gladwell; also to stealing a mare, a cart, and a set of harness, the goods of George Arnsley; also to stealing a gelding and a sot of harness, the goods of Arthur Mullocks; also to stealing a mare and set of harness, the goods of Frederick Claud Flack; having been convicted of felony at Portsmouth Quarter Sessions
Before Mr. Common Serjeant. [Pleaded guilty: See original trial image.]
453. JOHN WALKER (28) and CHARLOTTE WHITE (29) PLEADED GUILTY to feloniously making, having in their possession, and uttering counterfeit coin. WALKER— Fifteen month' hard labour. WHITE— Twelve months' hard labour. —And
454. HENRY JOSEPH HUMPHREYS (16) , to unlawfully attempting to have carnal knowledge of Ellen Victoria Root, aged six years; also to indecently assaulting her. One month hard labour. [Pleaded guilty: See original trial image.]
Before Lumley Smith, Esq., K.C.
MR. LYONS Prosecuted.
JAMES SMITH . I live at 10, Crawford Street, Canning Town—I was caretaker of 4, Crawford Street, where the prisoner occupied a furnished room—on Thursday, April 7th, he came home drunk, caused a disturbance in the lodging house, and I had him ejected—about 6.30 p.m. on Saturday evening he asked if I was in any better temper than on Thursday—I said, "I am all right, Jim, I bear no animosity"—we were quietly talking—he struck me—I did not notice what he had done till I felt something trickling, and I felt blood—I called a constable and charged him—I had a wound in my stomach through my trousers, shirt, and drawers—the police surgeon dressed it—I went to Poplar Hospital, and afterwards to the Infirmary.
Cross-examined by the prisoner. We drank together—I did not give the landlord all his money till after this occurred—a deputy was put in my place—I left him there working for me—you were in bed only ten minutes—I smashed your window—I put my fist through it—you had your wooden leg in your hand—two constables ejected you—you gave me a drink of beer, and I said, "I'll see if there is any tea ready"—old blind Charlie was there—I never knew you carry a weapon—I have been to a lunatic asylum; that does not concern you, there are better men in there; that was in 1898—you saved my life in the. kitchen—a man struck me.
JOSEPH STARK . I am the divisional surgeon at Plaistow—on Saturday, April 9th, I examined the prosecutor—I found a small wound which penetrated to the external wall of the stomach—it was caused by a sharp instrument.
Cross-examined. The prosecutor was not drunk—I do not think he could cause the wound by falling—there is a corresponding hole in his clothing.
ALBKRT SARGANT (422 L.) About G.30 p.m. on Saturday, April 9th, the prosecutor made a complaint to me, in-consequence of which I went into the kitchen of a, lodging house in Crawford Street—I said to the
prisoner, "J shall take you into custody for stabbing the prosecutor"—he said, "All right, I will go quiet"'—when out in the street he became violent, struck me two violent blows in the face, snatched my whistle, and broke my chin strap—when the charge was read over he said, "I know I struck the constable, I know nothing about the other man"—the prosecutor had been drinking, but was not drunk.
Cross-examined by the prisoner. You tried to get away—you asked me to take my knuckles out of your neck—I fell on the top of you—I had no marks, but you made me see stars—I had the assistance of other officers and an ambulance—I have had some of you before.
The prisoner, in his defence on oath, said a quarrel arose because the prosecutor would not pay money he owed, but that he never carried a knife that he had only been in custoday through a drop of drink; and that the prosecutor was always drinking.
Evidence for the Defence.
DENNIS CAIN . On April 7th the prisoner came into the little kitchen of the lodging house, and the prosecutor told him to go to bed—the prisoner took his things off and turned in—the prosecutor locked his door—I went out—when I came back the prosecutor had gone to the station—on Friday and Saturday the prosecutor was half drunk—he spoke to the prisoner in the big kitchen—the prisoner said, "It is no good having a row, I don't bear any animosity"—they shook hands and sat drinking together—I went to the other kitchen; he was setting about the watchman—I never saw a knife—he drawed 6s. 2d. off the man, and they turned him out.
Cross-examined. I did not see the assault.
HARRY TINLING . I looked for a knife on Saturday night and found none—the deputy sent me for a policeman because the prisoner had been hitting the lodging house keeper—the prosecutor wanted to lock the prisoner up for stabbing him—I never heard the prisoner threaten him.
PHILLIP OWEN . I was up stairs in one of the rooms—I was in charge of this lodging house when the prosecutor went away—I believe he took money away—he knocked the prisoner about when in drink—I never heard the prisoner threaten him with a knife.
NOT GUILTY .
MR. LYONS Prosecuted.
ALBERT SARGANT (442 K.) On Saturday, April 9th, I was called by Smith to take the prisoner into custody—he said he would go quietly, but when he got out he became very violent, struck me two violent blows in the face with his fist, snatched my whistle, threw it away, and broke the chin strap of my helmet—I obtained the assistance of other constables and took him part of the way to the station on an ambulance—at the station he was charged with malicious wounding, and, further, with assaulting me in the execution of my duty—he said he knew he assaulted me, but he knew nothing about the other case.
Cross-examined by prisoner. I had to hold you—you tried to get your wooden log in my stomach—you had been drinking.
GUILTY of assault under great provocation.
PLEADED NOT GUILTY.
MR. LYONS Prosecuted.
WALTER RUSTBRICK (677 K.) The prisoner was convicted at the West Ham Police Court on February 25th, 1904, of drunkenness, and fined 10s.—for the last eight years he has been an associate of thieves and prostitutes—he might do a day's work now and again—he is a terror to the shopkeepers by demanding money from them—he has been convicted of drunkenness fifty or sixty times.
JOHN MERCY (187 K.) The prisoner was convicted at West Ham Police Court on July 2nd, 1903, for being drunk and disorderly, and assaulting the police, and sentenced to four months' hard labour—he is very often drunk and disorderly, assaults the police, and defends himself with his wooden leg.
FREDERICK STEPHENS (707 K.) The prisoner was convicted at West Ham on April 4th, 1903, and sentenced to a month's hard labour for being drunk and disorderly and damaging my whistle—he has been about the neighbourhood about twelve years—I have known him some years—it takes eight policemen to take him to the station—I have seen him drunk two or three times a week—his favourite habit is to get his back against the wall, take his wooden leg in his hand, and then it takes more than one constable to get round him.
GUILTY . One month's hard labour for the assault on the police, and notice to be given to the publicans of Canning Town that he was a drunkard.
Before Mr. Recorder.
458. WILLIAM GIBSON (19) PLEADED GUILTY to stealing a bicycle, the property of Barnet Weatherley and others, having been convicted of obtaining property by false pretences at South London Sessions on July 15th, 1903. One other conviction was proved against him. Nine months' hard labour.
Before Mr. Recorder.
460. WILLIAM JAMES BARNES , to forging and uttering an order for the payment of 30?. with intent to defraud; also to feloniously altering the said order with intent to defraud; also to forging and uttering an order for 20s. with intent to defraud; also to obtaining 5s. by false pretences from Frederick Josiah Oliver; also to attempting to obtain £3 10s. fid. from William James Green with intent to defraud Six months' hard labour. [Pleaded guilty: See original trial image.]
Before Mr. Justice Channell.
MR. PURCEL I Prosecuted; Mr. Raven Defended.
FREDERICK POLLARD . I am Divisional Surgeon at Wandsworth Common Police Station—on Sunday, May 1st, I was called to some waste ground at the back of Khartoum Road, Tooting Graveney—I found the deceased lying on his back, dead—I had him removed to the mortuary and examined him—I found scratches on the right side of his face, a bruise, not a very severe one, on his forehead—I was present at the post-fatty postmortem examination—there was no fracture—the heart was very soft and fatty, the two principal valves were diseased, and a large blood vessel showed commencing disease—the other organs were fairly healthy—in my judgment the cause of death was sudden failure of a diseased heart—it might be due to excitement and over exertion incident to a fight—he was apparently 52 years of age—there was no sign of any injury that would have had any serious effect upon a man in ordinary health.
On the advice of his Counsel the prisoner said he was GUILTY, but that he had no idea of causing death.
GUILTY. To enter into recognisances.
MR. A. GILL and MR. GUY STEPJIENSON Prosecuted; Mr. Warburton.
Cross-examined. I do not know if he was trying to get rid of the premises. George Endeen (43 A.) Produced and proved a plan of 162, Camberwell Road.
LOUIS HERLEY . I am a surveyor to the Royal Insurance Company, of 28 Lombard Street—on December 16th, 1903, I received this proposal form for the fire insurance of 162, Camberwell Road—the signature upon it is "Frederick Langham; residence. 162. Camberwell Road; occupation,. hairdresser and tobacconist. On household goods, &c, £30; on trade stock, £130; on trade fixtures, £80—total, £240". "Question, Are you at present insured? Asnwer, No"—on December 30th, I surveyed the premises and estimated the value of the stock to be about £14 or £15; I reported to the office, and on February 9th the proposal was refused.
Cross-examined. I looked over the whole of the premises; the proposal
was refused on my report—the prisoner could have insured for a smaller sum. but I did not go into that—it docs not follow that a person gets the whole of the sum for which he is insured when there is a fire.
GILBERT ALKRTOX GILLIS . I live at 81. Tiverton Road, Putney, and am an inspector for the Premier Insurance Company, and an agent for the Central Insurance Company—on January 22nd, I went to 162, Camberwell Road, in consequence of a post card that I had received—I saw the prisoner, and had some conversation with him about burglary insurance—he said he was not insured against fire, and I said as I was an agent for the Central Company, I would place an amount for him on my return, to town, which I did, as I had no proposal form with me.
Cross-examined. My office insures against burglary—it was at my suggestion that the prisoner should be insured against fire—it is not incumbent to be insured against fire, if the premises are insured against burglary.
ALFRED HALL . I am a clerk at the Central Insurance Office, Nicholas Lane—this policy was effected in our office by Frederick Langham, 162, Camberwell Road, tobacconist—it was to be in force from January 22nd, 1904, to December 25th, H)04, and is signed by the director and general manager of the company—it is for £200, and is still in force.
Cross-examined. I did not go to see the premises; we did not send an inspector; we took the information from Mr. Gillis.
THOMAS HICKS . I live at 47,—Marsden Road, Walworth, and am a carman to the London Parcels Delivery Company—on March 16th, I went to 1(32, Camberwell Road, to deliver something—I saw the prisoner. ho asked me if I could take some things away for him; he gave me a portmanteau and a basket—these (Produced) are the labels which were upon them, addressed to "Mr. Langham, Rugby Station. Till called for"—this (Produced) is the portmanteau.
FREDERICK TABER . I am a carman to Carter Paterson; I know the prisoner—on March 20th I was delivering a parcel at his shop; he asked me to take some packages away; these (Produced) are the labels which were on them, "R. W. Wilson, Cloak Room, Euston Station. Till called for"—I sent them through in the ordinary way.
GEORGE ALFRED ANGUS . I live at 44, Leipsig Road, Comberwell, and have been employed by the prisoner to assist him at his shop, 162, Camberwell Road—I only went to him in the evenings—I had other employment in the day time—I went there on Sunday, March 27th, which was unusual—I went because the prisoner a week previously told me that he was going to Nottingham—I went to his shop a few minutes before 10a.m.—I saw him there; he did not say then where he was going—he only said, "I must be going now"; he did not say when he would be back—he had this brown portmanteau (Produced) with him—I remained at the shop till 10.20 p.m.—there was not much stock there, there was not enough to supply the customers who came in—I sent out and got a box of Player's cigarettes and a box of Woodbines—I took £1 19s., which I wrapped up in a piece of paper and put underneath the till in a box, as I have always done—I did not see anything unusual in the shop that day—I saw no paraffin;
there was a candle in a stick; that is not unusual—I turned the gas out in the shop when I left; there was not a light in the saloon behind the shop—I have never known the prisoner to use paraffin—I know his writing—these labels, "R. W. Wilson, Cloak Room, Euston Station", and "Mr. Langhan, Rugby Station" are in his writing—the signature "F. Langham" at the bottom of this proposal in the Royal Insurance Company is his, and "Euston 7.35, Central 8.19" on this piece of paper is in his writing—I have been shown a number of cigar and cigarette cases, and recognise then as having been in his shop.
By the COURT The lodger let me out of the place.
ELIZA HYLAXD . I am the wife of George Hyland, of 162, Camberwell Road; we have a kitchen and three bedrooms on the first floor; down stairs there is a shop and a disused saloon; the prisoner had the first floor front bedroom, and the shop, the saloon, and a little back room on the ground floor; the other rooms above us were occupied by lodgers—on Sunday, March 27th, my brother came in and went out with my husband about 10 p.m.; my husband returned about 10.50—I went up stairs and sat with a little girl who was' ill—I did not go to bed till close on 12—as I was undressing I heard somebody come in at the shop door and go into the saloon—that may have been about 12.5—I heard, whoever it was, let themselves in with a key—I heard no more until about half an hour afterwards, when I heard someone go out—I did not speak to my husband then—almost directly after the person had gone out I noticed smoke coming up through the floor—I then spoke to my husband, who went down stairs, he came up and told me to get up, and he got me out over the back fence—I had my baby with me, and my husband (had the other little girl—the children were got out also, as well as the lodgers—I think I was the last to leave—there were eight people in the house.
GEORGE HYLAND . I am a labourer, of 62, Camberwell Road—I rent my rooms there from the prisoner, who supplied me with a key to the shop door—there was one key lost under the door about two or three weeks before the fire—the prisoner had one also—on Sunday, March 27th, I saw the prisoner about 10 a.m. before he went out—he said he was going into the country, and would be back by midnight or before—he did not say where he was going, and he asked me to tack the door after Angus left—I saw Angus leave about 10.20 p.m.—I let him out, and then went across the road to the Palace, where I had a drink with my brother-in-law—I went back about 10.40, locked the shop door, and left the key locked up in the kitchen—I went through the shop, but not the saloon—everything in the shop was as usual—I left a light in the passage, as I always do—the lights in the shop were out—I did not go into the saloon, but I could see it was dark there—I went to bed about 11.45—I was awakened by smoke—my wife did not wake me—I heard somebody moving about down stairs as usual—I lit a candle and went down stairs—I found I had left the key of the kitchen upstairs; I went up, and when I came down again the shop was full of smoke, and there was a flare—I did not wait to make any examination—I went upstairs and told the missus to get what things she could and put the children in blankets, and then I went up stairs and
woke the widow who was up there—I took everybody down stairs and over the fence—I gave an alarm, and when everybody was safe I went back with the constable—I found the shop door was locked—we broke it open, and after the fire was out I found my key in the kitchen, where I had left it—I saw the constable putting out the fire.
ELIZA KINCH . I am a widow, and rent two rooms on the second floor at 162, Camberwell Road from the prisoner—he never gave me a key to the shop door—in March I believe there were two keys to the shop door; the prisoner had one, and Hyland the other.
Cross-examined. I do not know of a key being lost.
HENRY ROBINSON (261 L.) About 12.45 a.m. on Monday, March 28th, I was called to 162, Camberwell Road by Hyland—I burst the door open—I saw a flame coming from a hole in a gas pipe and fire on the ceiling—I hammered the hole close with my truncheon to prevent a further escape and put the fire on the ceiling out with a sack—I went into the saloon and saw part of the partition and the floor burning in two separate places—Inspector Walker came—there were no signs of anything having been done to the front door.
ROBERT WALKER (Inspector L.) In the early morning of March 28th I was called to 162, Camberwell Road—I made an examination of the ground floor and found there had been five separate fires, one in the shop and four in the saloon—I remained there till 4.45a.m., when the prisoner arrived—he attempted to get in with a key, and then he knocked—the door was opened—I—said to him, "Are you insured?"—he replied, "Yes, in the Central Fire Insurance, for £200"—I said, "Have you your policy?"—he replied, "No"—I said, "Where is it?"—he said, "At my brother-in-law's, 15, Queen Street, Nuneaton"—I said, "When did you leave it there?"—he said, "I sent it to him about two months ago"—I said, "Have you a key?"—he said, "Yes, Mr. Hyland has got one, and me the other"—I said, "Have you taken some things away lately?"—he replied, "I have not"—I said, "Do you know you have very little stock in?"—he replied, "Yes, I know I have got very little, but one of my big travellers comes to-morrow, and one the next day; there are about £30 worth"—he then accounted for his time by stating that he went down by the National Sunday League excursion, leaving Marylebone at 11.40 a.m., arriving at Lutterworth a few minutes after 2 p.m. Then went to the Greyhound public house and remained there twenty minutes, then to the Fox Hotel, and remained there for over half an hour. He then walked to Rugby, arriving about 6.45 p.m., then called at the George public house, where he remained about two hours, then went to Rugby Station and left by the 11.40 p.m., arriving at Marylebone at 1.30 a.m., then walked straight home, but he afterwards stated that he left Lutterworth at 1.30 a.m., and arrived at Marylebone at 3.20 a.m., and did not see anyone he knew up to leaving the "latter public house at Rugby, and could only refer to the landlords as having seen him—I told him I should take him into custody for feloniously setting fire to the house, eight persons being therein at the time—he replied, I did not leave Rugby until 11.40 a.m., arriving at Marylebone at 1.30"—at the station, when charged, he made no reply—
I searched him, and found £23 10s. in gold, 6s. 3d. in threepenny pieces in a" paper bag. also 10s. wrapped in a piece of paper, and £4 in silver in another paper bag—in his trousers pocket there was 17s. 6d. in silver, three penny pieces, thirty-one halfpence and eleven farthings, total £29 5s. 6 1/2 d.—I also found on him this key, which fits the shop door, and this piece of paper: (Read) "Euston 7.35, Central S.I'.)."
Cross-examined. In my evidence at the police court I corrected the times, and said that he said he was at Marylebone at 1.30 instead of 3.20—it was a mistake on my part; the fire was at 12.40.
Re-examined. I made a note of what the prisoner said.
WALTER PECKOVER (Police Inspector). At 9.30 a.m. on March 28th I made an examination of these premises—in the left hand corner of the shop and close to the ceiling I found that a gas pipe had been pierced and the woodwork surrounding it had been burnt—farther along on the same side the pipe had been again pierced, but there had been no lighting there—under the counter there was a large heap of paper, split wood and chipped candles soaked with paraffin—these (Produced) are the gas pipes—there was a piece of brown paper fastened over the front door—in the saloon a gas pipe had been pierced and the match-boarding at the side and the ceiling had been burnt for about 4 ft.—the gas burner in the saloon had been turned round on to the woodwork, which had caught fire for about 9 in.—there was a small fire at the bottom of the match-boarding near the floor—on the same side and under a shelf I saw some split wood and candles cut up, all soaked with paraffin, but there was no burning there—there was also a small piece of lighted candle, but it had not lighted anything—near the centre of the room there was another small fire, but nothing to show how it had been started—in the room behind the saloon I found a tobacco box and a tobacco jar full of tallow—there was no candle standing there, nor any splintered woodwork—in the cupboard in the back room I found two bottles (Produced); a small drop of paraffin was in one, and the other smelt of it—one is a Dewar's whisky bottle, and the other a port wine bottle—the cork now in the whisky bottle was King among the paper and lighted wood—I found no money in the shop, and there was very little stock indeed—I went up to the first floor, where I found in one room a single bed and bedding, but nothing else—in the saloon there were two chairs, a table, a jacket, and some old garments—there were no shirts there—on April 2nd I went to Marylebone Railway Station, where I found a brown leather bag labelled, "R. W. Wilson, Cloak Room"—I found in it three razors in cases, two of them marked "F. Langham," two matchboxes, six pipes, eighteen new pipes, and some wearing apparel—on April 8th I went to Euston Railway Station, where I found this—packing case (Produced), labelled "R. W. Wilson, Cloak Room, Euston. To be called for," also a brown leather hat box, and a brown cardboard box, both labelled "Wilson"—in them I found new pipes in cases, cigar and cigarette cases, boxes of cigars, cigarettes, and tins of tobacco unopeneda, also a good deal of clothing, tea cloths, dusters, and sheets, all marked "F. L., 1903," a fire insurance policy, a paid off savings bank book, and letters addressed to the prisoner—I went to Lutterworth and
made inquiries—on April 13th I went to Rugby Goods Station, and found a portmanteau and a hamper, each labelled "Mr. Langham, Rugby Station. Till called for"—I found in them an overcoat, three jackets, twenty-five shirts, some trousers, and a lot of other clothing, worth about £20—the total value of the goods recovered is £40 or £45—at Lambeth police court the prisoner said to me, "Have you made inquiries at Rugby?"—I said, "Yes"—he said, "Did you go to the George?"—I said, "Yes, and if you called there you must have gone to the hotel side"—he said, "Yes, that is the side I went in, and the barmaid served me."
EDITH CAPELL . I am a barmaid at the George Hotel, Rugby—I remember on the evening of Sunday, March 27th, a stranger coming in—I cannot say that I can recognise him—I do not recognise the prisoner—the stranger came in between seven and eight; he was served with draught beer or Bass—he did not stay very long—he left before eight.
Cross-examined. A good many people came in on this Sunday night, but this man was the first—he did not come in twice.
CHARLES BACKHOUSE . I am a guard in the service of the Great Central Railway—on Sunday, March 27th, there was no train that I know of leaving Rugby at 11.40 p.m. for London—I was in charge of the Sunday League Excursion which left Lutterworth at 1.4 a.m. on March 27th Rugby 1.34 a.m., and arrived at Marylebone at 3.14 a.m.—I do not recognise the prisoner.
Cross-examined. Not so many people came back by the train as there were going down in the morning—some of the tickets are available for two days—there were about 200 people in the train—I do not remember the faces of them all.
Re-examined. There was no train leaving at 1.30 and arriving at Marylebone at 3.20 on that day; it should arrive at 3.21, but we were seven minutes before time.
HENRY BUCKLEY . I live at 104. Gresham Road, Neasden, and am a guard on the Great Central Railway—there is a train timed to leave Rugby at 8.19 p.m. on Sundays; it ran on March 27th—it is due to arrive at Marylebone at 10.5.
CHARLES SADDINGTON . I am a guard in the service of the London and North Western Railway—there was a train on March 27th which left Rugby at 7.25 p.m., and arrived at Euston at 10.10—I was the guard on duty on that train.
HENRY CHAMPLISS . I am manager of the Castle, Camberwell Road—I have supplied the prisoner with whisky and port in bottles similar to these—it was about Christmas, and that was the only time that I supplied him.
WILLIAM LANE . I am a collector and traveller to a newsagent—I know the prisoner—I have supplied him with newspapers—this (Produced) is a part of one of my invoices; it was made up to March 20th, and was delivered to the prisoner on that date. (The paper found on the prisoner with the times of the trains at Euston and Central.)
was brought by a man on that day about 11 or 11.10 a.m.—it was entered in the name of C. Wilson—it remained there until the police found it and took it away.
JOHN LYE . I am a superintendent of the Salvage Corps stationed at Southwark Bridge Road—I visited 162. Camberwell Road, the day after the fire, and examined the contents of the rooms—the household goods were worth about £2 or £3, and the wearing apparel about 10s.—I valued the stock and everything there at about £16—none of the goods had been damaged by the fire.
C. BACKHOUSE (Re-examined.) If a man had had an ordinary ticket on March 27th to Lutterworth he could travel by an excursion train in the morning and come back by any train he pleased—the double journey fares by the excursions are less than the ordinary single journey fares.
By MR. WARBURTON. I believe the fare to Lutterworth by the Sunday League train is 3s. 9d., the ordinary fare is 6s. 10M. single.
The prisoner, in his defence on oath, said that he went by the excursion train on March 27th to Lutterworth, arriving about two o'clock; that he then went to the Greyhound, where he stayed about twenty minutes, when he walked to Rugby, which was seven or eight miles; that he arrived there about seven, and went to the George, where he stayed about fifteen minutes; that he then walked round the town, and went back to the George about eight, stayed there till 8.50, and then went to the station, where he waited till 1.15 or 1.20 a.m. and arrived at Marylebone at 3.20 a.m.; that he walked to his shop, where he found the police in possession after the fire; that he had not set fire to the place; that he knew nothing about it; that one key had been lost; that he sent his clothes to Rugby, as he was about to sell his business and was going to take one in or near Rugby, as he had relations there; that "R. W. Wilson" was a friend of his who was going to take his (the prisoner's) other clothes to Rugby for him in a few days, so he sent them to Euston to wait for Wilson and that he always carried all his money about with him.
GUILTY .—He then PLEADED GUILTY to a conviction of felony at Chester on July 26th, 1884. The police stated that the prisoner took out a policy for burglary insurance and made a claim, and that the whole of the articles said to have been stolen had been found in the luggage at the railway station. Ten years' penal servitude.
Before Lumley Smith, Esq., K.C.
463. ALFRED CHARLES MCCARTHY, alias JOHN LAWSON (27) , Unlawfully procuring Kate Grover and Ethel Brierly, not being common prostitutes or of known immoral character, to have unlawful carnal connection with him by means of false representations.
MR. MUIR and MR. GRAHAM CAMPBELL Prosecuted; MR. THOMPSON
GUILTY . Two years' hard labour.
MR. MUIR Prosecuted; MR. LAWLESS Defended.
HENRY CLEMENT ELEY . I am London manager to J. A. Lawton Co., coach builders, of 24, Orchard Street, London, and at Manchester and elsewhere—I live at 68, Portland Road, Hornsey—in June, 1903, there was a show at the Deer Park, Richmond—about 3 p.m. on the afternoon of June 3rd the prisoner asked the price of a dog cart, giving his name as Powell—he said he had had £4,000 left him, and that he was part owner of St. Brendon, then a favourite horse—I believed his statement—I asked £100 for the dog cart—eventually I sold it him for £95—he produced a cheque book, and I wrote out his cheque for him, which he signed—I believed he had authority to draw for that amount—he went away—in half an hour he came back again, and asked the price of a two wheeled dog cart—I eventually sold him that for £55, writing out a cheque for him, which he signed—I believed his statements—the carts were delivered to him on the Sunday morning at his request by Seavey, who was on the ground, to the address he gave, the Ailsa Park Villas Livery Stables, kept by a Mr. Deadman—I got a receipt for the carts—the cheques were paid into the bank on the following Thursday—they were returned marked "R. D."—refer to drawer—I made inquiries, but could not find the prisoner—on July 9th, in consequence of what I heard, I went to the Royal Oak Stables, Portsmouth, where I found my carts, and a man who attended the horses, but not the prisoner—the carts had a month's wear—I communicated with the police—a warrant was obtained on June 24th, which was before I got the carts back.
Cross-examined. I cannot sell the carts as new—I have not sold them—the prisoner did not seem to have been drinking—I believed the cheques were genuine—I did not sell him the £55 trap first—I did not press him to buy; I was desirous of doing business—he was not too drunk to write the cheque—I received a telegram on June 15th asking me to hold the cheques over, and a letter followed to the same effect—I found two horses in the stable at Portsmouth on July 9th—a friend told me he had offered the traps for sale—my friend deals in horses and carriages.
Re-examined. Looking at the cheques, I think the prisoner's writing on them is better than in his letter.
DAVID DEADMAN . I am a livery stable keeper and jobmaster at St. Margaret's—last year I had stables called the Ailsa Park Villas Stables—I let them to the prisoner as James Powell on May 5th—I cannot say when he left them—I did not know he had left till a few days after June 13th, when Mr. Lawton came—I found the stables empty—the rent was never paid—he gave no notice—he was to have paid in advance, but he got possession and did not pay at all.
HENRY SEAVEY . I live at Richmond—m Sunday, June 14th, after the Richmond Horse Show, I took a four wheel and a two wheel carriage from Mr. Lawton's and delivered them at the corner of the Avenue at St. Margaret's to the prisoner.
HARVEY LANGHAM MURIEL . I am cashier at the London and Provincial Bank at St. Margaret's—this is a copy of the prisoner's account there taken from the books—I have examined it—it is correct—it was opened on May 20th, 1903, with £80—it was drawn on from time to time
until on June 11th it was overdrawn £1 7s.—he paid in £2 on June 12th, which put his account in credit 12s., deducting 1s. for a cheque book—on June 15th £0 was paid in and a cheque drawn for £2 5s. leaving the credit balance £4 7s.—on June 17th £4 15s. was drawn out, making the balance overdrawn 8s.—that cheque was payable to Hazeldine—two bills of exchange were lodged with the bank on June 16th for collection—they were payable on July 18th at St. Margaret's—we sent the usual notice of dishonour—the person accepting them replied by letter of July 22nd, "Mr. Powell called here a fortnight ago and asked me if I could let him have £83, which I did.—Yours respectfully, G. Brown"—obtaining that letter, I wrote to James Powell at 20, Guildford Road, the address in our books—the letter came back marked "Gone away"—the acceptor's address is "Mr. G. Brown, 49, Greenside, Goldhawk Road, Shepherd's Bush"—the bills are signed in the ordinary way—I take it they would pass anywhere as the prisoner's signature—the prisoner's two cheques were returned on June 20th by the North and South Wales Bank, Liverpool—other cheques were presented and dishonoured, one on June 18th, signed "G. H. Wilson" on the Twickenham Branch, for £15s., and one to Appleton drawn June Kith, returned from the London and County Bank, Covent Garden Branch, for £3: also a further cheque on July 2nd in favour of Mr. Ashur was returned from the Capital and Counties Bank, Guildford, drawn May 29th, for 17s. 6d., and not presented till July 20th.
Cross-examined. £174 in about a month were the amounts paid in and out of the prisoner's account.
GEORGE URBIN (Detective.) I am stationed at Richmond—I received a warrant for the arrest of James Powell on June 24th, 1903, and have since with other officers been diligently trying to find him—on April 6th I saw the prisoner at St. John's Hill, Clapham Junction—I was in company with another officer—I told him we were police officers, and I believed him to be Powell—he said, "No, my name is Wilson"—I said, "I shall take you into custody on suspicion of being Powell, for whom I hold a warrant for obtaining two carriages last June"—he said, "You never made a greater mistake in your life; I never used the name of Powell in my life"—I took him to Lavender Hill Police Station—he was identified by Mr. Eley—I found on him this card, "C. A. Wilson, 40a, St. John's Hill, Clapham Junction, wholesale metal dealer"; also this card in the same name as a horse dealer—I went with another officer to 40a. St. John's Hill—I found a stable and three small rooms—one room had four old chairs and a dresser, and was dirty; the next room had a small bed and an old wooden wash-stand; the next room was practically empty; there was horse clothing on the floor, but no furniture—he was taken to Richmond and charged where the warrant was read—he gave the name of James Powell and said, "I am the person referred to in the warrant"—he made no reply to the charge—40a had been kept under observation.
Cross-examined. We did not know his name was Powell till he was arrested; he changed his name so many times.
Re-examined. He had been picked out by Eley, when he admitted his name was Powell.
H. C. ELEY (Recalled by Mr. Lawless.) I have not seen the prisoner since the transactions at Richmond—I did not see him drinking with a Mr. Welfield in the Feathers public house, near the Marble Arch.
The prisoner, in his defence on oath, said he had reason to believe that he would have cash in the bank to meet the cheques: that he did not intend to defraud, and that he never said he was the owner of the race horse, St. Brendon, or that he had £i,000.
GUILTY . He then PLEADED GUILTY to a conviction at Northallerton, Yorkshire, on June 30th, 1898, of obtaining goods by false "pretences. Eighteen months' hard labour.
Before Mr. Common Serjeant.
MR. CUNDY Prosecuted.
JAMES TYRE . I am a colour sergeant of the 5th Rifle Brigade, stationed at Woolwich—about 12.30 a.m. on May 1st I was in St. George's Road, S.E., on my way to Charing Cross Railway Station—I was in plain clothes—I missed my way, and spoke to the prisoner and another man with him—they showed me the way for a certain distance—I then left them—they came up to me a few minutes afterwards, and I felt a blow behind my neck, which knocked me up against a wall, and I then fell on the ground—I recognise the prisoner as one of the men—I found my watch missing and a bag with £8 in gold—I was quite sober—I reported the matter to a policeman, who went after the men—I next saw my watch chain at the police station—it is worth about 13s.—it had been broken away from the watch, which was in my pocket—I found the prisoner in custody at the station—I did not see the bag with the money again.
DAVID FINNUCANE (114 L.) On May 1st, about 12.30 a.m., I was on duty in St. George's Road—I saw the prisoner there in company with another man—I kept observation on them, and then lost sight of them—I next saw the prisoner and another man on either side of the prosecutor. raising him up from the roadway—I was about sixty or sixty-five yards away—I walked towards them—they left the prosecutor and ran away—I went in a different direction, towards Newington Butts, with the object of cutting them off—I next saw them emerge into Newington Butts about 12.32—I went down Draper Street after them and caught the prisoner—he said nothing—I took him to the station, and he was charged—he replied, "How can I be charged with stealing a watch when the man had the watch on him when he came into the charge room? Whoever has the money good luck to them; I won't be out to spend it"—he was at first charged with stealing a watch and chain, but the watch was struck out—I searched him and found in his left hand trousers pocket this chain, which was identified by the prosecutor as his property—that is all I found.
Cross-examined by the prisoner. I saw you on one side of the prosecutor, and then I saw you run down the street.
the pavement of St. George's Road at 12.45 a.m. on May 1st—it has been since identified by the prosecutor as his.
The prisoner's defence: All I can say is, I was drinking on the Saturday; I never assaulted the man, but picked the chain up. I swear on oath that I never robbed him.
GUILTY .†He then PLEADED GUILTY to a conviction of felony at Marlborough Street Police Court on August" 24th, 1903. Two other convictions were proved against him. Eighteen months' hard labour.
Before Mr. Justice Walton.
MR. COHEN Prosecuted; MR. ROOTH Defended.
JOHN BARKER (150 L.) On Friday, April 22nd. at 7.-10 p.m., I was on duty at the tram terminus in Westminster Bridge Road—it was raining very hard—I saw the deceased step off the kerb into the roadway, opposite a tram car, which was standing there; when she was about 1/2 yards from the car she halted as if to turn up her dress—I saw a hansom cab coming from Westminster Bridge; when it got within 10 yards of me I saw that the cabman was in a stooping position—I said, "Hi!"and over the woman went—I noticed how the driver's head was when ho was about 4 yards from the deceased—when she picked up her dress he was about 20 yards from her—if she had not stopped, but had gone straight on, nothing would have happened—I saw that the cabman's head was in a drooping position: I thought he was trying to avoid the rain—it was impossible for the cabman to stop when I shouted, and I do not think he saw her—when she stopped he had every chance of avoiding her if he had been looking—if he had taken notice of me there was time to avoid her—after the woman was knocked down I shouted to him to stop, but he pulled the reins as if to urge the horse on—I followed him as fast as I could—I ran about 108 yards, and he was stopped by Sawyer as I slipped down—I went 'up to him and requested him to come down off his box, which he did—he was dazed and drunk, and could not walk straight—I took him back to the spot where the deceased lay—she had been shifted on to the pavement—it took me three or four minutes to catch the prisoner—I said to him, This is the person you have run over"—he said, "It is not my fault '—another constable took him to the station—when I first noticed the cab it was going at six or seven miles an hour—the oscillation of the cab when it went over the deceased seemed to bring the prisoner to his senses, but before she was struck he made no attempt to avoid her—I think he could have done so—when she was knocked down there were no other people or vehicles in the road.
Cross-examined. I was on the same side of the road as the cab, which was on its proper side and going at a proper pace—the Coroner's Jury brought in a verdict of "Accidental death"—I was about 5 yards from the cab when the accident occurred—as it passed me I stepped off the pavement behind it—when I first shouted it was 10 yards away, and after it had passed mo by 5 yards I stepped out and saw what happened.
By the COURT I saw the woman fall; there was nothing between her and myself.
Re-examined. I did not hear the evidence at the inquest.
EMILY RAINFORD . I am the wife of Joseph Rainford, of 5, Burdett Road—on this night I was at the tram terminus at Westminster Bridge Road—I saw the deceased standing on the kerb by my side—I did not know her—I looked to see what tram was coming—the deceased stepped into the road about two or three steps: in an instant the cab went over her—I had not noticed the cab before that—after it went over her it went on, and it seemed to go faster—I do not know what pace it was going—the deceased screamed once; she did not say anything—I heard a man call out to the driver, "Hi! stop, stop!"—he did not stop—I did not see his face—I do not know if it was the prisoner.
By the COURT. I do not know if the deceased would have got clear if she had not stopped; it was all done in such an instant.
ALFRED JOSEPH WAITS . I am a packing case maker, of 139, Manor Place, Walworth—on April 22nd, about 7.45 p.m., I was at the tram terminus in Westminster Bridge Road—I saw the deceased there—I did not know her—I saw her step into the road for about 1 1/2 or 2 yards—it was raining very hard—a hansom cab came over Westminster Bridge at about six to ten miles an hour, and knocked her down—I do not know if it was the shaft or the horse's head which knocked her down—after the cab had passed over her body I called out, "Cabbie, stop"—I do not know if he did so—I picked the deceased up and put her on the footpath—I had seen her advance towards the middle of the road from the pavement—I should not like to say if she stopped for an instant—I do not think she did, but she may have done.
Cross-examined. The first thing I noticed was the accident happening—I did not notice the cab until it struck the deceased.
ARTHUR SAWYER (204 L.) On April 22nd, about 7.45 p.m., I was on duty at the corner of York Road, Westminster Bridge Road, which is about 50 yards from the tram terminus—I first saw the prisoner on his cab passing York Road: people were shouting, "Stop him," and I heard a police whistle—I did not see the accident—I ran for 60 or 80 yards and stopped the prisoner about 103 yards from where the accident took place—I caught hold of the horse's head and asked the prisoner to come down of! his box; he did so; he was drunk—I took him to the station—Inspector Batten saw him there, and also Dr. Roe—I gave evidence at the inquest.
SIDNEY BATTEN (Inspector L.) I was on duty at Kennington Road Police Station on Friday, April 22nd, when the prisoner was brought in drunk—it is sometimes my duty to charge people when they are brought in—I put to him that he was drunk—he denied it—I sent for Dr. Roe, the divisional surgeon.
Cross-examined. Sometimes men are called "speechless"—there are different stages of drunknness—some men can make themselves understood, and are yet what we call drunk—they are entitled to have a doctor
under any circumstances—the prisoner was not very excited—I do not know that he was almost out of his mind—I had never seen him before.
Re-examined. The deceased lived at 258, Kennington Road—there are no friends of hers here—we find from inquiries that she lives apart from her husband.
EDWIN ROE . I live at 153, Kennington Park Road, and am divisional surgeon—about 8.15 on April 22nd I saw the prisoner—I should say he was very drunk—I examined him—I thought he was drunk from his general demeanour and his manner of answering me when I spoke to him—he had some difficulty in answering my questions—his breath was extremely offensive, which. I think, was due to excessive drinking.
Cross-examined. He seemed almost out of his mind; he was so silly—he did not then know of the deceased's death—he said something about the woman, but I could not understand what it was—it was something about not having seen her—as far as I know, he was charged with being drunk while driving a hansom—I believe he had been told that he had driven over a lady—I did not hear him say he was very sorry; he may said so.
Re-examined. I did not give evidence before the Coroner.
THOMAS MONAGHAN (Detective Sergeant.) At 12.15 a.m., on April 23rd I charged the prisoner with manslaughter—he said, "I was not drunk"—whilst the charge was being taken he said, "I am sorry she is dead"—he made no reply to the charge—he seemed sober, but he had a dazed look—that was the first time I saw him.
NORMAN CLIFTON CARVER . I am house surgeon at St. Thomas's Hospital—the deceased was brought in about 8.5 p.m. on April 22nd—she made one effort to breathe after she came in—there was nothing to be done; she was nearly dead then—there was a mark over her right breast, which looked as if a wheel had gone over her—I was present at the post mortem—there was extensive hemorrhage from the liver, practically no external marks, only one or two small bruises—I gave evidence before the Coroner—death was due to the accident.
The prisoner, in his defence on oath, said that he was driving at five miles an hour; that the deceased came from the kerb into the roadway: that she picked up her dress, and as she did so the shaft caught her; that he could not stop his horse, because it teas near its stables, but he did his best to do so; that he did not urge the horse on; that he was not drunk, having only had half a pint of bitter about three hours before the accident, and that his breath must have been made bad by some tobacco which he had in his mouth.
NOT GUILTY .
ADJOURNED TO MONDAY, JUNE 20TH, 1904.