CENTRAL CRIMINAL COURT
TENTH SESSION, HELD JULY 25TH, 1904.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND BY
MESSRS. BARNETT AND BUCKLER,
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
STEVENS AND SONS, LIMITED, 119, CHANCERY LANE,
Law Booksellers and Publishers.
On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, July 25th, 1904, and following days.
Before the Right Hon. SIR JAMES THOMSON RITCHIE , Bart., LORD MAYOR of the City of London; the Hon. Sir EDWARD RIDLEY , one of the Justices of His Majesty's High Court; Sir JOHN WHITTAKER ELLIS, Bart., Sir DAVID EVANS , K.C.M.G., Lieut.-Colonel Sir HORATIO DAVIES , K.C.M.G., M.P., Aldermen of the said City; Sir FORREST FULTON, Knight, K.C., Recorder of the said City; Sir WILLIAM PURDIE TRELOAR, Knight, Thomas Vezey Strong, Esq., and David Burnett, Esq., other of the Aldermen of the said City; Frederick Albert Bosanquet, Esq., K.C., Common Serjeant of the said City; LUMLEY SMITH , Esq., K.C., Judge of the City of London Court; and JAMES ALEXANDER RENTOUL , Esq., K.C., M.P., LL. D., Deputy Judge of the City of London Court; His Majesty's Justices of Over and Terminer and General Gaol Delivery, holden for the said City; and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT
RITCHIE, MAYOR. TENTH SESSION.
A star (*) denotes that the prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, July. 25th, 1904.
Before Mr. Recorder.
545. EDWARD WYNDHAM MOORE (39) PLEADED GUILTY to forging and uttering an order for the payment of £45 10s., with intent to defraud, having been convicted of felony at this Court on June 22nd, 1903. Several other convictions were proved against him. Three years' penal servitude. —,
(546.) HENRY RYE (25) , to stealing a gallon of whisky and a jar, the property of Barrett's Brewery and Bottling Company, Limited, having been convicted of felony at this Court on February 10th, 1902. Four other convictions were proved against him. Three years' penal servitude.— [Pleaded guilty: See original trial image.] And
(547.) ROBERT THOMAS SARGENT (28) , to stealing whilst employed under the Post Office, a post letter containing three postal orders for the payment of 20s. each and one for the payment of (is., the property of the Postmaster General. Nine months' hard labour. [Pleaded guilty: See original trial image.]
MR. BIRON and MR. JENKINS Prosecuted; MR. WALKER Defended.
WILLIAM KNIGHT . I am a confectioner, and live at 88, Stevens Road," West Ham—on March 1st I purchased this postal order for £1 at Stevens Road Post Office—I took the counterfoil off it, and put the order into a letter which I was going to post—this is the envelope, addressed to Mrs. Palmer, Reading Room, Necton, Swaffham, Norfolk—while I was in the office the prisoner came in—I had the order in my hand, and I asked him if he had collected the letters outside—he said, "Yes"—had not put the order into the envelope before the prisoner came in—I had it in my hand when I spoke to him—he could have seen me put it in—he stood by my side—I do not know if he saw me put it in—I sealed up
the envelope and dropped it in the prisoner's bag—I afterwards heard something from Mrs. Palmer, to whom it was addressed—the prisoner could have seen to whom the letter was addressed if he had liked—I did not write anything on the order before I put it into the envelope—the writing now on it is not mine.
Cross-examined. I fastened the envelope securely—I gave it a bang with my fist on the counter—a piece of blotting paper was in front of me there—I should have missed the post if the prisoner had not come in—I was not particularly anxious to catch the post—I think I have mentioned before to-day that I asked the prisoner if he had collected outside—I have been sending postal orders for some time to this address—they were for the support of my father—Mrs. Palmer is my father's sister in law—she looks after him—he is eighty-one years old—I believe I paid 4 1/2 d. for a packet of twenty-five sheets of paper and twenty-five envelopes—, I do not know if the gum on thin envelopes fastens more quickly than that on thick ones—I do not use many—I swear that I put the order inside the envelope; I am positive on that point—I do not remember ever having made a mistake when enclosing anything in a letter for the post—I did not fill in the name of the payee on the order; I never do so—I did not know I ought to do so; I know it now—I very likely made two mistakes in the spelling of the address on the envelope—I never went to the School Board.
Re-examined. I know when I put a thing into a letter—on this occasion I not only remember putting the order into the envelope, but inside the letter.
ANNA ELIZABETH PALMER . I live at the Reading Room, Necton, Swaffham—I look after Mr. Knight's father—I remember receiving this envelope on March 2nd—a letter from Mr. Knight was inside—there was no postal order for 20s. in it—I wrote to Mr. Knight by return of post.
Cross-examined. I did not receive the letter from the postman—Mr. Knight's father gave it to me—there is no one else to receive it—my cottage adjoins the Reading Room—the letter was closed when I received it—I opened it.
WILLIAM WOOD . I am manager to Mr. Greaves, pawnbroker, of To, Leytonstone Road, Stratford—I also live there—on March 4th this postal order for 20s., No. 091517, was received by us with this letter: (Read) "194, Gloucester Road, Stratford. Dear Sir,—Will you kindly forward to the above these two pledges, and oblige, yours respectfully, G. Ash"—I put the memoranda on it, "Postage 6d., 18s., 2s. change sent"—the pledges were for 18s., and the postal order being for £1, I returned 2s.—I filled the 20s. order in—it was received blank—we cashed it—there were two pawn tickets in the letter to us—they referred to a signet ring, 10s., and a lady's keeper ring, 7s.—the other 1s. was for postage and interest—they were pledged in the name of Ash—we obtained the postal order for 2s. on the same day from the Leytonstone Road Post Office—I sent it in a registered letter to G. Ash. 194, Gloucester Road, Stratford—I did not fill it up, it was sent blank—I do not know how the name "G. Ash" got there—I gave the letter to James Hare to post—I think
the 2s. order cost 1d.—the next day Hare gave me the certificate for posting the registered letter, and I heard no more of the matter till the Post Office authorities communicated with us—Hare got the 2s. order just before 8 p.m., but he was too late to post the registered letter that night, so did it next morning.
Cross-examined. I have not the envelope in which the 20s. order was sent us—we destroy all envelopes—I cannot remember by what post it arrived—the pawn tickets are dated February 1st and March 1st—I was sent for to the Stratford Post Office and confronted with the prisoner—he was alone—I failed to identify him as having pawned anything with us.
JAMES HAIR . I live at 171, Harrow Road, Leytonstone, and in March I was employed by Mr. Greaves—I have left there now—I remember in March getting a postal order for 2s. for Mr. Wood from the Leytonstone Road Post Office—I got it about 7.40 p.m.—I gave it to Mr. Wood—I took it to the post about 8.55, but was told it was too late to send it that night, so I sent it next morning—I got this certificate for it, which I gave to Mr. Wood.
Cross-examined. I can only say that it was issued from our office—I do not know to whom it was issued—I issued it—I know nothing about its cashing—it was not cashed at our office.
WILLIAM JAMES HAWKES . I am a hairdresser, of 194, Plaistow Road, West Ham—I take in letters addressed to customers—I know the prisoner by sight as a postman delivering letters at my shop—I do not take in registered letters or parcels; my customers know that—I occasionally have a customer who asks me to take one in for him—there is no female employed at my shop, only one young chap in the barber's shop—I have a wife and my boy, aged seven—I have two girls aged thirteen and eleven—they go to school—about four years ago we had a servant, but not since—this signature "G. Ash" is not in my writing; I do not know whose it is.
Cross-examined. I heard about this case about a month before Murray came to my shop with the prisoner—I said at the police court, "The first time I heard about this case was when the detective brought the accused to my shop"—I do not know if that was May 18th—when the detective first came there was no one with him—when the detective,. came by himself he only asked me if I knew a man named Ash—the first time I was asked if a registered letter had come to my shop was when the prisoner came—when Murray asked me about the deliver)' of the letter I knew nothing about it—I do not see why I should not want to know anything about it—I was in a case of this kind last March, but it was not a registered letter—a postman named Biggs used my address for getting letters in a false name—when Murray brought the prisoner to my shop all the letters which I had, had been sent back to the post office—I did not want to wash my hands of the whole business—there is no harm in taking letters in for a customer—I charge a penny for each lette r
—sometimes people do not call for them, and then I send them back—I do not know if I told the Magistrate that I sent them back the day after Murray called, or the same day—I know they went back—they were no good to me—I swear that I did not receive any letter in the name of Ash this year, and I do not take registered letters in—I only have about nine letters in nine months.
ISABELLA MARY ANN HAWKES . I am the wife of the last witness, and help him to manage the shop at 19f, Plaistow Road, West Ham—there is also an assistant aged about thirty—he shaves the customers—we have no woman who helps in the shop—this receipt in the name of G. Ash is not signed by me—I know nothing about it—I have never received any parcels or registered letters there—we never take them in—I do not know whose writing the signature is in—I and my husband arc never away from the shop at the same time.
Cross-examined. I was first asked about this case when the detective came—I have talked the matter over with my husband.
FRANZ ALBERT JONAS . I am an overseer at the Stratford Post Office—the prisoner has been employed there for about ten years—he was on duty there on March 1st—it was his duty to make a collection from Stevens Road Post Office at 4 p.m.—he should bring the letters he collected there to the Stratford Sorting Office and turn them out on the table—he was also on duty on March 5th—he performed the 10 a.m. delivery of letters in the Plaistow Road—this paper bears the prisoner's signature as receiving a registered letter for delivery; it also bears the number of his uniform in his own writing—this other paper bears the addressees' receipt for that letter, signed "G. Ash"—the prisoner returned it to the office on his return—that is his voucher for the fact that it has been delivered—he has been under my supervision for about two years—I have seen him write daily—to the best of my belief, the signature "G. Ash "is in his writing; it is written in the same coloured pencil as supplied to postmen, as the prisoner's signature—I say the letter to the pawnbroker is also in the prisoner's natural writing—to the best of my belief, the signature "G. Ash" on the 2s. order is in his writing—I have searched the records of registered letters received for delivery in our office during the present year up to the end of May—I only find this one for delivery at 104, Plaistow Road—this (Produced), is a list made by the prisoner of the 10 a.m. delivery—it gives a list of the streets where he delivers.
Cross-examined. It was the prisoner's duty on March 1st to call at Stevens Road between 4 and 4.5 p.m.—he was due at the office at 4.14—he would have about fifteen minutes to get from Stevens Road to the office—he was up to his time on this occasion—when he came in he turned out the letters he had collected at the pillar boxes—this letter would have been in his personal custody for about fifteen minutes—it is post marked "Stratford, 4.15 p.m.: Swaffham, 3 a.m."—I do not say that it has been delayed—the prisoner would assist in the stamping—there are two stampers—an official is responsible for everything in the office—addressees often sign with the postmen's indelible pencils to save time
—there are other postmen who delivered in Plaistow Road that day,—if the prisoner was not on duty at 10 a.m. he would not have the letter; it would fall in for his delivery—there have been complaints against the prisoner before—I do not know if Murray said at the police court that there never had been—the prisoner has performed his duty in a satisfactory manner, but he has been under observation—he has never been charged.
Re-examined. The prisoner has been working directly under me—the first time he was under observation, I think, was in September—I have had him under observation since that time—Murray had not the same opportunities of observing him as I had—I do not know who made the red marks on the list which the prisoner made.
WILLIAM MURRAY . I am a travelling clerk in the secretary's office at the General Post Office—I have been making inquiries lately into the loss of letters in the Stratford Post Office—I had this matter under my observation in May—on May 18th I saw the prisoner at the Stratford Post Office—I told him my name was Murray, that I had been instructed to make inquiries in connection with the loss of certain stolen letters which had passed through his hands—I cautioned him, and said I should take down anything he said and it might be used against him—I showed him the 20s. order, and said it had been purchased by Mr. Knight and had been dropped into his bag on March 1st—I pointed out that the letter reached its destination, but the order was missing, that it had been traced to the possession of Mr. Greaves, and that the letter to the pawnbroker appeared to be in his writing—he said, "It is not my handwriting"—I said, "The pawnbroker purchased a 2s. order and enclosed it. in a registered letter with two rings, addressed to Ash, 194, Plaistow Road. You signed for the registered letter, but you never delivered it at 194, Plaistow Road"—I showed him the tab which he received from the post office—he said that was his signature—I said the signature "G. Ash" was in his writing—ho said, "No; it was signed by the young woman in the shop"—he said he had delivered it—I took him round to the shop and confronted him with Mr. and Mrs. Hawkes—they said they had no young woman in the shop—I asked the prisoner what ago the woman was—he said about twenty-five or thirty years, and that she was doing something in the shop; he did not say what—I suspended him on that day—he was given into custody nearly a month afterwards—I have made a study of handwriting—I have had a good deal of experience in considering handwriting—I asked the prisoner if the list of roads was in his writing, and he said "Yes"—it contains some of the words which appeal in the letter to the pawnbroker—the word "road" is abbreviated with two dashes under the "d" in the list and in the letter—I see "Plaistow" in both documents—I see a resemblance in both words, and in particular in the "P"—it is a somewhat curiously formed "P"—also the capital "W" in West Ham—there are other resemblances which I have noticed—I put the red marks on the delivery sheet for my own guidance in examining the writing and comparing it with the other documents—I have no reason to doubt that the latter is in the prisoner's undisguised
writing—at my suggestion the prisoner wrote a copy of the letter to the pawnbroker from my dictation—I noticed certain similarities between them—I see a dot between the "Dear" and the "Sir" in "Dear Sir," and in the words "Will you kindly forward" there is a very strikingly formed small "f"—the letter which he wrote from dictation is much larger than the other letter or the list—I have compared the signature "G. Ash "which I saw him write with the one on the receipt—I say they are in the same writing, and, in my opinion, in the prisoner's writing—I should say the signature to the receipt is disguised—I say the signa-ture on the 2s. orders are in the prisoner's writing.
Cross-examined. I do not hold myself out as an independent expert in handwriting—my duty consists in investigating crimes and so on—the alleged stealing was on March 1st—the prisoner was not arrested till June 15th—I sent for the pawnbroker, and was present when he failed to identify the prisoner—I sent a constable to the pawnbroker—he reported that he found nothing about the case—independent experts in handwriting make mistakes—there was a very notorious case within the last few days in London—I do not suggest that a dot between two words is by itself sufficient to identify writing—some people write similar hands—there is a loop to the "s" in "Ash" in both the letter to the pawn-broker and in the copy.
BARRY HOLTHAM (Constable G.P.O.) I was present on May 18th at an interview between Mr. Murray and the prisoner—I heard Mr. Murray give evidence at the police court—I corroborate what he says—I charged the prisoner—on the way to the station he said, "The ring I once possessed I find I have lost. My wife lent it to my brother, who I think has lost it"—I went and saw Mr. Hawkes on April 14th, and' again on May 18th, with Mr. Murray and the prisoner.
Cross-examined. I searched the prisoner's house—I was not successful in my efforts—apart from this, I know nothing against him.
The prisoner, in his defence on oath, said that he delivered the registered letter at 194. Plaistow Road, but could not remember to whom, but, to the best of his belief, to a woman aged about thirty-five; that he had not abstracted the 20s. order from the letter, and knew nothing about, it; that he did not remember Mr. Knight putting a letter into his post bag, or seeing him in the post office: that he had not written the letter to the pawnbroker; that he knew nobody named G. Ash; that he had not pawned any ring, and was not pressed for money; that he had not signed the addressee's receipt: that he had not signed the 2s. order, and never had it in his possession.
GUILTY . Twelve months' hard labour.
NEW COURT.—Monday, July 25th, 1904.
Before Mr. Common Serjeant.
MR. WILKINSON Prosecuted; MR. ELLIOTT and MR. GREEN Defended.
GEORGE HENRY NEAL . I am a die sinker and engraver at 49, Percival Street, Clerkenwell—the prisoner called at my shop on June 7th between 4 and 4.30 p.m.—he produced these two drawings, and two impressions, or guttapercha patterns—he asked me the price of cutting punches which would produce one of the impressions and one of the drawings—I showed him a punch—he said that was not what he wanted—I showed him a die—he said that was what he wanted, to produce the impression on one side, and the drawing on the other side of a coin—these two gutta percha patterns are alike, and the two drawings are alike—I asked him if he wanted a collar made to produce the milled edge, and he said he did—the milled edge is always on coins, but not probably on medals—I gave him this estimate of £4 15s. for a pair of dies and a collar to produce the impressions according to his instructions—I asked his name, and he said, "Feinstein"—I asked him for a deposit—he paid me 15s., and I, gave him this receipt—I told him it would take about three weeks—he said that would do—after he left I examined the patterns and the drawings, but did not carry out the order—he came about the 28th and asked if I had got them ready—I said No, and that I should require three or four more days to execute the order—I asked him his address, so that I could write if I had not done them—as he dictated I wrote in pencil "Mr. Feinstein, care of Mr. Hodes, 23, Bedford Square, Commercial Street, E."—my brother went to the Turkish Embassy under my direction—through the Turkish Embassy I got into communication with the police—in consequence of what occurred I wrote this letter to Mr. Feinstein at the address he had given me: "Dear Sir,—I should be glad 'to see you to-morrow respecting the dies on order"—I forgot to date it, but the envelope is dated July 6th—two-or three days afterwards he called—Sergeant Burnham was then in my shop—I told him I could not go any further with the order, as I thought there was something wrong—I asked him for the receipt I had given him, and he gave it to me—then Burnham spoke to him and took him into the room behind the shop.
Cross-examined. Ours is an old established shop, and very well known in the trade—I am in the business with my father—one side of the im-pression is that of a Turkish coin—that and the sketch on the other would probably represent no coin—the prisoner said nothing about a prize, or requiring a medal or a coin rather larger than the impression—he seemed reluctant to give any explanation of the sketch—I was to make' two dies—I see the letters "ISRAE," and at the bottom "LITE"—I put it to him if it had anything to do with' the Zionist caused but he seemed reluctant to say—he would not give me a decided answer—there is "J.Z.," which may stand fox Jerusalem and Zion, and there is the rising sun, which is associated with the rising hopes-of Israel, or "the Zionist movement—I'have done a lot of medals connected with the Zionists' cause—I do not know what other people have done-our standing" is high—people do come and ask us to do wrong.
Re-examined. I have never, in connection with the Zionist movement'
been asked to supply a collar for milling—I got no explanation from the prisoner—generally, customers are free in speech, especially when working out a design.
WILLIAM BURNHAM (Police Sergeant.) On July 11th I was in Neal's shop when the prisoner came in and conversed with Neal, to whom I had spoken—I heard Neal say, "Have you got your receipt, Mr. Feinstein?"—the prisoner produced this receipt—Neal said, "I cannot make those dies for you; I do not think it is quite right"—I said to Neal, "What does this man want?"—Neal said, "He wants me to make dies these clay impressions," referring to these gutta percha things—I asked the prisoner his name—he said, "Zeitlin"—I said, "Where do you live?"—he said, "162, Commercial Road"—I told him I should arrest him for inciting Neal to make dies from the impressions produced for the purpose of making foreign counterfeit coin—he replied, "I do not wish to make foreign coin; they send them to me and ask me to get them made"—I said, "Who are they?"—he replied, "Mr. Feinstein wrote to me from Jaffa, Jerusalem, about five weeks ago and asked me to get them made for him. Mr. Feinstein was over here about four months ago, and stayed at 23, Bedford Square, Commercial Road; that is where the letters have been addressed, and I have been to get the letters"—I have been to that house—it is an ordinary dwelling house occupied by a tailor and his wife—I took the prisoner to the back of Neal's shop and searched him—I found these two letters, one addressed to Feinstein, with an esti-mate from Neal, and another for Zeitlin from Higginson & Co., stating: "We are in receipt of your postcard of to-day. We do not issue a catalogue or price list for press tools, but we shall be glad to quote you for making tools of any kind on receipt of particulars and instructions"—in addition I found these two gutta percha impressions in his inside breast coat pocket, and this five piastre piece—they correspond with those taken to Neal; also this pocket book in his breast pocket—in the pocket book are numerous names of die sinkers, amongst them the name of Neal—I have been to a lot of them—after searching the prisoner I took him to the City Road Police Station, where he was detained while his house was searched—he was afterwards charged—his reply I wrote down at the time—he said, "I did not mean to make a foreign coin; it is a different kind altogether I asked him to make. I told Mr. Neal to made the die for the drawings, not for the coins. I told him that I had an order for the coins, and asked him to make them for me. I did not ask him to make the coins, only the dies. I wanted to make a little profit of a pound or so"—the conversation was all carried on in English—I assisted Sergeant Hawkins to search his house.
Cross-examined. The prisoner understands what is said to him, but speaks broken English—Mrs. Hodes, to whose care the prisoner's letters were addressed, told me Feinstein was not known at 43, Bedford Square—she had only been there about three months—he was supposed to be staying with her—when I saw the landlady she told me he had not been stopping there either—the letter of July 6th from Neal was addressed to Feinstein—another officer found four impressions of the reverse side
of a twenty piastre piece, the value of which is about 3s. 7d., but we found none of a five piastre piece, the value of which is about 10 1/2 d.—you could not make up the two sides of the same coin from these impressions and drawings unless you reduced the larger.
ALBERT HAWKINS (Police Sergeant.) I went with Burnham to 162, Commercial Road about 12.45 p.m. on July 11th, after the prisoner's arrest—in the top room, the only room he occupied, I found these four gutta percha impressions of twenty piastre pieces in an old trunk under the bed—they are attached to these blocks in order that the Turkish Attache might identify them—I also found this five piastre piece and this twenty piastre piece, and also this piece of gutta percha and a quantity of watchmaker's tools (Produced), all in the trunk—when the prisoner was charged I showed him the coins and asked him the value, and he said one was a five piastre piece and the other was worth five times more.
Cross-examined. I knew he had relinquished his watchmaking trade, of which these are his tools, and that he was employed at his father-in-law's house, where he was living with his wife and family, and where I discovered these things—I was told he received £1 a week.
LOUIS FROMPKIN (Interpreted). I am a wine and spirit merchant, of 162, Commercial Road—I have known the prisoner about two years—he occupied my third floor front room alone—for about a year he was engaged as a cellarman—before that he kept a little shop and dealt in butter, cigarettes, and some other articles for about half a year.
Cross-examined. He was engaged to my daughter fourteen or fifteen years ago—he gave up watchmaking because business was quiet—he was not engaged as a watchmaker in London, but in Wales, and afterwards he used to travel with mineral waters—he came to live with me about two years ago as an employee—I paid him, in-addition to his lodging, £1 a week for his services—Mr. Feinstein went to Jerusalem, but I cannot fix the time of his arrival in London—I saw him here about ten or eleven months ago—he is the prisoner's uncle.
Re-examined. Feinstein visited the prisoner at my house as. his friend—I have heard that he visited London in the winter as well—I believe the prisoner worked in Wales as a watchmaker—when he married my daughter he was a student of the Talmud—he had studied at Jerusalem.
EDMUND CHEHRIAN (Interpreted). I am an attache at the Turkish Embassy—the gutta percha impressions on this card correspond to one side of a Turkish five piastre piece—the drawings do not represent any Turkish coin, only the edge—five piastre and twenty piastre pieces are now in circulation in Turkey.
Cross-examined. I have never seen a coin which had the obverse side of this impression on the one side and the drawing or sketch on the other—there is a difference in the date of the impressions—the large piece is dated in an earlier reign, and the small one in the reign of the present Sultan—if it were reduced you would see at once that the larger is not the same coin—the date when the Sultan commenced his reign is on one side and his sign manual on the other—the name of the Sultan is given. William John Webster. I am Inspector of Coins to H. M. Mint—
this "Turkish twenty piastre piece is dated 1277 Hijra, the five piastre piece 1297 Hijra—the five piastre impression corresponds with one side of the 1277, and has the Sultan's sign manual, and the twenty piastre impression with the other side of the 1297, with the date of the year.
Cross-examined. I have had experience in all coins.
The Court held that Sec. 24 of the Coinage Offences Act, 1861 (24 & 25 Vic., c. 99) did not include the drawing produced in the evidence upon this indictment, that being a pattern to make a die to make a coin, and not "a pattern intended to make a coin," and the Jury could not convict.
NOT GUILTY . (See page 629.)
OLD COURT.—Tuesday, July 26th, 1904.
Before Mr. Justice Ridley.
550. GEORGE SMITH (27) PLEADED GUILTY to feloniously setting fire to a stack of hay, the property of Arthur Calcutta White, having been convicted of felony at Guildhall, Northampton, on April 22nd, 1904, as George William Stringer. There were other convictions against him. Three years' penal servitude.
MR. MUIR Prosecuted; MR. R. B. MURPHY Defended.
WALTER STILES (Police Inspector). At 10.40 a.m., on July 7th, the prisoner was shown into my room at the police station—she made a statement to me, which I took down in writing and she signed (Read): "About a quarter of an hour ago I put my baby in a tub of water; my head has never been right since I had baby. I do not know what I have done it for; I love the children. I have got two girls at school. I think I shall go mad. There is the key of the door; you will find it in the tub"—she seemed very dazed, but quite sober—I went to 221, Walmer Road—in the scullery I found a tub, which is a barrel cut in half, standing on a bench, covered with a woman's coarse apron—there was about 18 inches of clean water in the tub, and at the bottom of the tub I found the dead body of a child about three and a half months old—the constable who was with me took it out—I sent for a doctor—life was found to be extinct—I charged the prisoner with the wilful murder of her child—she said. "I am going home to get my baby."
Cross-examined. When I read the charge to her she seemed very strange, and did not appear to realise what she had done—she kept putting her hands to her head—her mother came to the station—the prisoner did not recognise her—when the prisoner first came to the station she had a girl aged about two years with her.
female child about three and a half months old—I examined it—it had been dead only a short time—I afterwards made a post mortem examina-tion—the cause of death was drowning—I saw the prisoner at the station that morning—she complained of pains in her head—she was not able to understand what was going on—she was quite sober.
Cross-examined. When a woman is suckling a child she is liable to fits of insanity—it is a kind of melancholia.
MARY ANN HANNINGTON . I am a widow, of 35a, Toping Cottages, Notting Hill—the prisoner is my daughter—she is twenty-nine years old, and married to Edward John Shelvey, of 221, Walmer Road—she has had five children—one died about four years ago—she is a very kind mother—she treated the deceased very kindly—she was suckling it at the time of its death—I last saw the child on Sunday, July 3rd—the prisoner then complained of her head very much—on July 7th I went to the house about 10.30 a.m.—I could not get in—I next saw my daughter at the police station about 10.50—she did not appear to know me—she wanted me to bring her baby to her—she has complained of pains in her head since her third child, which is the one she lost.
Cross-examined. Since the death of that child she has said she felt as if she would go out of her mind, and that she thought she must drown herself, as the pains in her head were so bad—she said she must jump out of the window—at the police-station I asked her what she had done—she said, "Where are they going to take me to?"—I said, "Only to see a doctor"—she said, "My head is cruel; bring my baby to me"—she did not appear to know what she had done when I asked her.
Evidence for the defence.
EDWARD JOHN SHELVEY . I am a labourer, of 221, Walmer Road—the deceased was my child, aged three and a half months—my wife has had five children—we lost the third on December 19th, 1901—after its death my wife complained of her head—she never seemed cheerful—several times she said the deceased was like the child which had died in 1901—she was very fond of all her children—she was suckling the deceased, as she had done the others—about eighteen months ago she went to a doctor for her head—when I went home she has sometimes said her head was so bad, and she did not know what she was doing, and next day when I came home she would say it was better—she never suggested, to my knowledge, doing anything to herself or to the children—when I left on the morning of the deceased's death my wife appeared all right", but she never eat no breakfast as usual—she gave the two older children something to eat—when I went out she was suckling the deceased—I saw her at the police station—she seemed very strange, and did not seem to realise me.
GEORGE GRIFFITHS , M.R.C.S., L.R.C.P. I am the medical officer at Holloway Prison—the prisoner has been in the hospital there since she was received at the prison on July 7th—I have examined her, and had reports made to me about her condition—I have read the depositions before the Coroner—on July 7th she was in a poor physical condition;
mentally she was dazed and melancholic—she slept badly, and complained of pains in her head—her breasts were inflamed and enlarged—I asked her questions; she answered them in a straightforward way as well as she could, but she was dazed and uncertain—I should not like to say they were not rational, but they were not altogether to the point—I asked her what had happened to her baby, but she did not seem to know, except what she had been told afterwards—she said that some times she felt she must do away with the baby, and that she had had a similar feeling with regard to the child which had died before—she continually referred to that child's death in 1901—she was worrying herself about it apparently—she said she had had a certain amount of persecution from her neighbours, who had wanted her to drink with them, but she would not do so—I think that on the day this happened she was insane, and did not understand what she was doing.
Cross-examined. I have had considerable experience in mental cases—I have no doubt as to the state of her mind at the time she did this act.
GUILTY, but not responsible for her actions at the time. To be detained during His Majesty's pleasure.
MR. KENRICK Prosecuted; MR. JENKINS Defended.
WILLIAM JACKSON . I live at 24, Bevington Street, Hoxton, and am a stable hand—on June 25th, about 10.30 p.m., I was standing outside the King of Prussia, Bevington Street—I saw the prisoner come out, he said to my mate, "Will you go and get me some lampblack?" my mate went and fetched some—I was at the door of the public house, and could see what took place—the prisoner went and blacked the deceased', face—I knew the deceased—he was sitting on a form inside the public house half asleep—I saw him get up and go and speak a few words to the prisoner—the deceased then walked outside—the prisoner followed him into the road—the deceased turned round to see who was behind him, and the prisoner hit him in the face—I saw the blow, but I cannot say what part of his face was struck—I saw the deceased fallj to the ground—he rolled off the kerb into the road immediately after the blow—I heard him call out, "Don't kick, don't kick"—I did not see any kicking—after the deceased fell a lot of women collected and I could not see no more—the prisoner walked away—I subsequently saw the deceased picked up and carried away.
Cross-examined. After the getting of the lampblack I saw all that took place until the deceased fell—when the prisoner asked my mate to get the lampblack he seemed to be in a good humour—I could not hear what the deceased said to the prisoner after he had had his face blacked—I knew the deceased and the prisoner—as far as I know they have always been on friendly terms—the deceased seemed to object to having his face blacked—he turned nasty before he was struck by the prisoner—I saw him get up and look stern and speak a few words to the prisoner—I could
not hear what he said—he did not put up his fist as though to strike the prisoner—he could not have done so without my seeing—I was right by his side—the blow which the prisoner gave the deceased was apparently a push, but it was meant for a blow—he raised his arm like that—I do not know if he used the flat of his hand or his fist—it was not a hard blow—I saw no kicking whatever.
Re-examined. The prisoner struck the deceased in his face, and I saw the deceased fall in consequence of it.
By MR. JENKINS. He fell on his side off the kerb—he was standing on the kerb at the time.
By the COURT. I think his shoulder hit the kerb—I cannot say if his feet slipped off the kerb on to the road—I did not see his face touch the ground.
CHARLES THOMPSON . I live at 59, Ely Place, Hoxton, and am a horse keeper—on the night of June 25th I was in the King of Prussia, Hoxton—I knew the deceased—I saw him in the public house sitting on a seat dozing—the prisoner was in the bar—I saw him black the deceased's face with some lampblack—the deceased woke up after his face had been blacked and said to the prisoner, "I suppose this is some of your tricks"—I do not think the deceased was greatly overjoyed at having his face blacked—he said, "I shall fetch somebody to you"—he walked into the street, and the prisoner followed him—I stayed in the public house for a few minutes, and then went outside, where I saw the deceased being carried away.
Cross-examined. When the deceased woke up and found his face blacked he was annoyed—when he said to the prisoner, "I shall fetch someone to you, "I took it that he would fetch somebody to punish him for blacking his face—I do not know who the somebody was—I did not see the deceased put up his hand as if to strike the prisoner—I have never seen any difference between the prisoner and the deceased—they were friends on this night, and were having a friendly glass of beer together—I have never heard the prisoner say anything unkind to the deceased—I saw the prisoner at the Coroner's Court—he has always expressed his great sorrow that this occurred.
ELIZABETH COLLINS . I live at 27, Bevington Street, and am the wife of John Henry Collins, a labourer—on June 25th, about 11.15; I was coming from my street door to get some supper—I was five or six steps from the King of Prussia—I saw the deceased come out of the public house—I did not know him before—he got about four steps into the road-way when the prisoner followed him—I saw him deal a blow at the deceased's face, but I cannot say where it hit him—the prisoner's hand was clenched—it was a blow not a push—the deceased fell on the back of his head, and knocked the back of his head on the ground—a crowd collected—the prisoner walked up the street—I did not see the deceased attempt to strike the prisoner before the blow—the deceased was walking in front of the prisoner—he turned round and the prisoner struck him.
Cross-examined. The deceased turned round sharply directly he got into the road, and the prisoner then struck him—I did not notice' where
the deceased's hands were when he turned round because it was done so quickly—the deceased did not have time to raise his hands—he had them by his side—there was no kicking.
Re-examined. I should have been able to see if the deceased had made any attempt to strike the prisoner—they did not speak before the was struck.
HENRY JOHN LIDDIARD . I am a carman, of 43, Upper. St. John Street—on this night I was outside the King of Prussia, and had a view of what was going on inside the public house—the prisoner called to me and said. "Come and have a look at Treacher"—I went and looked at him—he was dozing, and had a paper hat on his head—I cannot say if his face was blacked or not—I went to the shop next door—I came out and saw the deceased lying on the ground—the prisoner was about six yards away—the deceased said, "Hold up, hold up"—that was an expression he was fond of—I see him taken across the road—I sent for Dr. Lowsely—I met the prisoner in the road—I told him I was going to get a doctor for the deceased as he was thought to be very bad—he was very much sur-prised, and said "Good God."
Cross-examined. I saw no blow struck—the blacking of the deceased's face was done by way of a joke—we were always joking—when the deceased said, "Hold up, hold up," he was lying on the ground—that was immediately after he had fallen—I was not with him when he was standing up—I only saw him come out of the public house—the first I saw of him when I came up was on the ground—when he said "Hold up, hold up "no one was doing anything to him—when I told the prisoner that the deceased was pretty bad he seemed very much upset—I have known him for ten or twelve years—he has always been a quiet peaceable man, and always joking and drinking with the deceased.
GEORGE ALFRED GAY . I live at 11, Bevington Street, Hoxton, and am a porter—before this case I did not know the prisoner or the deceased—on this night. I was near the King of Prussia about 11 p.m.—I saw the prisoner and the deceased come out of the public house—I am not certain which came out first—I saw the prisoner strike the deceased with his fist—his hand was clenched—it was a blow, not a push—the deceased fell on his back in the road from the force of the blow, and in my opinion on his head—I heard his head strike on the ground—I think the blow struck him just about the chest—it may have been higher up—I cannot be positive where it was—I was behind the deceased, and could not see his front—after he fell the prisoner did not do anything to him except try to pull him up—the deceased called out, "Stop kicking, have mercy on me"—I am positive I heard that—I was close enough to hear the words distinctly—I saw the prisoner draw his foot back as if to kick, but I do not know if he was kicking or not—I saw the deceased carried away.
Cross-examined. I gave evidence before the Coroner, but not at the police court—when the two men came out of the public house the front man was two or three paces in front of the other—I said before the Coroner that one was dragging the other—that is right—they were two or three
paces apart when they got into the roadway—I do not know which was dragging which—the deceased may have been dragging the prisoner—the dragging went on for one or two paces, or about a yard—when they got into the roadway the deceased was in front—he stood still and turned round—I do not know what he was going to do—I did not take much notice of the dragging—I did not think it hardly necessary to mention it—I only saw the prisoner give one blow—I said before the Coroner that the blow was somewhere about the stomach—it was somewhere in the upper part of the body—the deceased was not in the act of falling before he was struck—as he fell, in my opinion, the prisoner made an attempt to kick him, and drew his foot back to do so—the deceased did not say "Hold up, hold up"—I afterwards saw two men shaking him to bring life into him—I do not know who they were.
Re-examined. When the men came out of the public house they were close together—when they got into the road they were not so close as they were before—I did not have a clear view of the blow—the deceased had his back to me—for that reason it is not possible for me to be precise about the position of the blow, or with which fist the prisoner struck the deceased; but I am positive that the prisoner did strike the deceased and that he fell from the effect of the blow—I am not certain if the deceased was kicked, but I am sure he called for mercy.
GERALD LOWSELY . I am a medical practitioner, of 29, East Road, Hoxton—on June 25th, about 11.30, I went to Bevington Street and saw the deceased lying on the ground—he was dead—he had not been dead long—I sent for the police—subsequently I and Dr. Oliver made a post mortem examination—I did not make any notes of the examination—I formed the opinion that the cause of death was concussion of the brain through an effusion of blood, which might have been caused by a blow or a fall—the seat of the injury was at the base of the brain, right at the top of the spinal cord.
Cross-examined. I found a small scar behind the right ear—it was some days old.
HEWITT OLIVER . I am a medical practitioner, of 2, Kingsland Road, Hoxton—I made an examination of the body of the deceased on June 25th with Dr. Lowsely—I subsequently made a post mortem examination—I found a small scar behind the right ear, not recent, and a few old scratches; there was a recent blood tumour as large as a walnut on the outer side of the right leg, two small recent grazes on the outer side of the right knee, "a little black material was deposited on the right side of the nose; I think it was lampblack—on opening the skull I found congestion of the brain and an effusion of blood—in my opinion death was due to compression of the brain from the effused blood, which was the result of concussion or severe shock—a direct blow would not have been sufficient to account for the effusion of blood—if it had been a direct blow I should have expected to find some external mark of violence—a fall on the ground would account for the symptoms of effusion of blood if it were a pro-counter stroke, that is to say, you get a blow at one part of the body, which is directed
along some other organ and eventually shakes up the brain—there were no external marks on the head—cases do occur where death is due to effusion of blood caused by violence, although there is no external sign—in my opinion, a fall on the ground would be sufficient to account for this effusion of blood, and cause the concussion of the brain.
Cross-examined. The small scar behind the right ear was several days old—I think the tumour was received about Saturday night—it had nothing to do with the cause of death—I do not know what caused it—he may have struck his leg against the kerb as he fell—it was an un-important injury—if there had been a violent blow in the face I should have expected to find bruising—it is not always necessary to receive a violent blow to cause a fall—in the ordinary sense it takes a pretty good blow to knock a man down—I should expect to find a mark at the post mortem if he had received a blow sufficient to knock him down on Saturday night.
By the COURT. I think the contusion was probably caused by the blow and the fall—the brain received a severe shaking and led to haemor-rhage from a series of small vessels at the base of the brain.
Re-examined. All the marks I found on the deceased were consistent with death having been caused by a blow or a fall, notwithstanding there were no external marks.
PRIDE (Sergeant G.) About midnight on June 25th I went to Full-wood's Mews, Hoxton, where I saw the deceased's body—I subsequently met the prisoner and told him I should arrest him for causing the death of Thomas Treacher by kicking him—he said. "I am very sorry"—I cautioned him in the usual way—I was present when he was charged—he said, "I was working with him this morning and knocked off; I went on another job, and so did he; after that we both had a couple of glasses of ale together and that is all; we have always been good pals together: if he has treated me to half a pint of ale, I have treated him back again"—that was before he was charged—after the charge was read over to him he said, "I never kicked the man whatever, I only pushed him."
Cross-examined. I said before the Magistrate that I said to the prisoner. "I shall arrest you for causing the death of Thomas Treacher by kicking him"—I signed my deposition, and it was read to me—I did not notice that "by kicking him" had been left out—I did not read it over—the prisoner seemed very sorry—I received information that he had kicked the deceased.
The prisoner, in his defence on oath, said that he and the deceased had always been friends, and had been drinking together that night; that they were always joking together; that when the deceased found his face had been—blacked he got a bit cross, and said, "I will fetch Harry to you "; that he did not know who Harry was, but thought he was somebody who would hide him; that when they got into the road the deceased turned round as ij he was going to hit him, and he (the prisoner) held his hands up and said, "Now fetch Harry," when the deceased fell down.
At the direction of the Court the Jury found a verdict of
GUILTY . Discharged on recogr sances.
HARRY BULLEN (253 T.) About l.5 p.m. on June 22nd I was in King Street, Hammersmith—I heard a scream—I went in the direction and saw Joy holding the prisoner and taking this knife from his hand (Produced)—the prisoner said, "I wish I had done her in"—I saw the prosecu-trix there—she was bleeding profusely from a cut in her throat—I did not know them before.
CHARLOTTE STONE . I am a widow, and live at 5, James Street, Hammersmith—I am a laundress—I have lived with the prisoner for about eighteen months—I ceased to do so in January—on June 22nd I met him as I was going to work at 8 a.m.—as I came home to dinner at one o'clock I met him in Waterloo Street—he asked me to speak to him—I passed along and made no answer—he followed me and said my life was not worth twopence—I heard no more until he struck me on my back in King Street—he sprang on my back and stabbed me in the back, and said, "Charlotte, I intend to do you in"—only my throat and fingers were cut—my fingers were cut because I put my hand up—I was taken to the hospital—the prisoner was sober—I saw no more of him until I came out of the hospital.
JAMES GEORGE JOY . I am a commercial traveller, of 73, Iffley Road, Hammersmith—on June 22nd, about 1 p.m., I was in King Street—I saw the prisoner and the deceased struggling—the man approached the woman from behind, placed his arms round her neck, drew her head towards him, and cut her throat—this is the knife (Produced)—the woman wriggled away from the man and called for help—I went to her assistance and helped her to a shop—I asked the prisoner for the knife, but he would not give it to me—I waited my opportunity, and took it away from him—he appeared to be somewhat mad, but not drunk—he seemed dazed—I only heard a jumble of words—Bullen came up just as I got the knife from the prisoner's hand—I handed it to Pelley—the woman was taken to the hospital—she pointed to a wound in her throat, which was bleeding rather profusely.
By the COURT. He may have been drinking, but he seemed more mad than drunk—I did not notice any effects of drink.
EMILY JAMES . I am a laundress, of 32, Lower Mall, Hammersmith—I have known the prisoner about sis years—I do not know the prosecutrix—on June 22nd I met the prisoner about midday—he asked me to have a drink—I said No, I had not time—he looked to me as if he had been drinking very heavily; in fact, he was drunk then—he said he was looking for the prosecutrix—he asked me to say good-bye, as he intended to do her in—he said she had been drinking with other men right opposite where he worked, and she had got him the sack—he had a knife like this one—I cannot" identify it—later on I saw the prosecutrix being taken to the hospital.
WILLIAM PARRY (Sergeant, 53T) T.) A few minutes past one o'clock on June 22nd I saw the prisoner in the custody of Bullen, who said, "This man has just cut his wife's throat"—the prisoner replied. "Not my wife, Sergeant, the woman I am living with"—I did not see the woman then; she was in a shop at the time—I took her to the hospital in a motor car—when charged the prisoner said, "Yes, my Charlotte, she is the wickedest woman in England"—a doctor was called, and said that he had been drinking, but mentally he was all right.
ALFRED SUTTON MILLARD . I am house surgeon at the West London Hospital—the prosecutrix was brought in on June 22nd at 1.30—I examined her—she was suffering from an incised wound in her throat, two cuts on her left fore finger, and later I noticed a bruise on her chest, and one or two marks which looked as if they had been made by a finger—the wound was an incised wound, about 1/2 in. deep and 3 1/2 in. long, and might have been made by a knife like this—it was not dangerous—it had not affected the windpipe—it would have cut it if it had been deep enough—the bruise may have been made by a man's hand from behind violently holding her.
The prisoner's statement before the Magistrate: "I did not know what I was doing at the time, that is all. I had been drinking, and she is the cause of my drinking."
The prisoner, in his defence, said that the prosecutrix came to where he was working and used bad language, and was drunk before this happened, and that he did not know what he was doing.
GUILTY on the Second Count. The police stated that the prisoner was a respectable man. Eighteen months' hard labour.
NEW COURT.—Tuesday, July 26th, 1904.
Before Mr. Recorder.
(556.) GEORGE STANLEY CRAWLEY (39) , to unlawfully and fraudulently obtaining from Arthur Plevin the sum of £20, from Alfred Sidney Hicks £30, from Arthur John Coast £25, from Edward Henry Robbins £25, from Sidney Percival Elliott £25, and from Harold Percival Howe £25, with intent to defraud; also to feloniously marrying Joanna Greig Shapley, his wife being alive; having been con-victed of fraud at Newington Sessions on June 14th, 1899. Three years' penal servitude for obtaining and five years for the bigamy, to run consecutively. [Pleaded guilty: See original trial image.]
MR. BOULTON Prosecuted.
ALFRED ANDERTON (Detective Constable, City). On June 17th I went to Arbour Square Police Station and saw the prisoner detained there—I told him I should take him to Cloak Lane, where he would be charged with breaking and entering and receiving stolen property—he made no reply—on the way there he said, "Breaking and entering?"—I said, "Yes, you will be charged with breaking and entering and receiving"—he said, "I did not do any breaking and entering; nothing can be proved. I bought these watches from a man in the Borough; he is a man about your own standard; he is a commission agent for a firm in Glasgow"—I asked him the name, but he said he did not know—he was charged.
Cross-examined by the prisoner. You did not tell me his name was Moore or Muir, and that he lived in Old Jewry.
JAMES O'LEARY (312 H.) On June 17th. between 7 and 7.15 a.m., I saw the prisoner in the yard of the Baker Street Board Schools, Stepney—he was being detained there by the caretaker—I asked him what he was doing there—he said, "I only came here for a sleep"—I found three watches and a silver-mounted watch case on him—he said. "I did not get these watches here; I got them in the City off of somebody, I do not know who"—he then said, "Take these "(meaning the watches), "and let me go, and say nothing more about it. I will make it all right with you afterwards"—he was taken to Arbour Square Police Station. Robert Lyon (Detective Inspector, City.) On June 17th I saw the prisoner detained at Cloak Lane Police Station—I told him he would be charged with breaking and entering No. 6, Birchin Lane and stealing and receiving seven watches and a watch case, stolen from there, value about £20, the property of Messrs. Donne & Sons—he said, "I did not break into the place; I bought the watches from a commission agent in the City"—he then pointed to an envelope that was found on him and said, '"I wrote that down; the man said he worked for the firm of Craig, Craig & Co., of Glasgow; he was agent for them"—he said he did not know the man's name, and could not say anything about him at all; he was an entire stranger to him—we also found a ticket on him which related to a watch that had been left to be cleaned—I went and obtained this watch from the place.
Cross-examined. You told me you bought them from a man, and pointed to the envelope—I did not hear you mention an address in Old Jewry.
that the buck window had been broken—it was all right the previous night—we missed six watches altogether—they were in the window—there was no shutter to the window, only a grill, which was, unfortunately, large enough to allow of a hand being put through—these four watches I recognise as my property—the watches lost are worth to me about £20—those traced to the prisoner are worth to me about £12.
Cross-examined. I did not say at the Mansion House that I could not recognise them—there is one I am not positive about, but the others 1 recognise by my private mark.
The prisoner's statement before the Magistrate: "If you like to produce the witnesses mentioned in my letter to the police I could disprove the charge of breaking and entering. I took this paper 'A' in my writing from a man. He told me he was a commission agent for this firm, and if I could not find him in Old Jewry, I could find him at the address he gave. I asked him if it was a deal in good faith, and he said it was. He told me he was living in Old Jewry, but he did not give the exact address."
The prisoner, in his defence, said that he bought the articles from a man in a public house at the Elephant and Castle.
GUILTY . He then
PLEADED GUILTY to a conviction of felony at St. Mary, Newington, on March 9th, 1898. One other conviction was proved against him. The police stated that he had. been in prison nearly all his life. Five years' penal servitude.
HENRY BEECHEY (Detective, City.) On July 6th last, about twelve noon, I was in Holborn Viaduct—I saw the prisoner go up to a gentleman who was standing on the edge of a crowd waiting for the King to go by to St. Bartholomew's Hospital—I saw him cross his arms and place his left hand in the jacket pocket of a gentleman—he withdrew it shortly afterwards, and I saw there was nothing in it—I and Constable Barker followed him to Newgate Street, where he put his hand into a jacket pocket of a gentleman in the crowd—I saw him withdraw it—he had nothing in it—he then left and went to Holborn Viaduct, where he did the same thing—we followed him back again to Newgate Street, and he put his hand into the pocket of a gentleman standing there—as he with-drew his hand I seized it, but found nothing in it—I said to the gentleman, "Have you lost anything?" but he said he had nothing in there to lose—I took the prisoner into custody—I charged him with attempting to steal from the person, also with frequenting Holborn Viaduct and Newgate Street for that purpose—I told him I was a police constable, and cautioned him—he made no reply—I searched him and found 2d. on him—at the
police station he said, "These chaps knew I was an old finger; so they shoved it on me"—I did not know the man—my attention was drawn to him.
Cross-examined by the—prisoner. It was about twelve when you were arrested—I did not ask you, "When did you come out?"—the inspector did not say, when the 2d. was found on you, that you ought to be charged with stealing it.
WILLIAM BARKER (City Police.) On July 6th I was with Beechey in Holborn, when I saw the prisoner in a crowd—I saw him place his hand in the left pocket of a gentleman—he went on to Newgate Street and made a similar attempt there—he then went back to Holborn and made another attempt there, but never got anything—he was a stranger to me—I took him to the police station and searched him—only a few pence were found on him—he replied to the charge, "You knew I was an old' finger, so you thought you would put it on me"—I had not seen the man before.
Cross-examined. I did not see you try any ladies' pockets.
Cross-examined. I have nothing to do with the present case—I simply prove the conviction against you.
The 'prisoner, in his defence, stated that he left the Union at Homerton and went to Holborn Viaduct, where he saw the two officers talking together, and one said to the other, "Here is the old finger again; when did he come out?" that in consequence he moved away; that they asked a gentleman whether he had lost anything, and he replied, "No," and then turned to a lady and asked her, and she replied, "No" when he was arrested.
NOT GUILTY .
GEORGE WOOLDRIDGE . I live at 14, Osman Road, Tottenham, and am a house decorator—the prisoner lodges with us—I have another lodger named Thomas Lane—on July 5th the prisoner and I were working together—about two months before he had a quarrel with Lane, and always said he would get his revenge on him, and on July 5th he said he would burn the lot out, but I took no notice of his threats, because I had heard them so many times—I said to him, "It does not matter to me what you do"—this was about 11 p.m. at my house—I was just going to bed when I heard a rustling of paper—I got up and looked out of my bedroom door, and saw the prisoner dancing in the passage—he was not drunk, but he had had a drink—he said, "There it goes, up it goes"—I turned round and said, "What are you trying to do, Bill?"—he said, "Oh, I'll burn the lot out, and by the time it gets a good hold I shall be miles away"—I called the upstairs lodger down and went for a policeman
and gave the prisoner into custody—there was a heap of paper alight on some matting in the coal cellar—I put the flames out—there were twelve persons in the house.
THOMAS LANE . I am a horse keeper, and live at 14, Osman Street, Tottenham—I had a quarrel with the prisoner some two months before this case, and avoided him in consequence—on July 5th, about 9.30, I went to bed—I was awakened about 11 p.m.—I heard the prosecutor calling out, "Lane, Lane, he is setting the house afire"—I went down stairs and saw the flames being put out—the prisoner was sitting in the kitchen on his bed—we spoke to him, but he said nothing—I have noticed nothing strange about his manner—he drinks.
WILLIAM BIDDY (306 N.) In consequence of a communication made to me by the prosecutor, I went to his house—on the way I met the prisoner—I found outside the coal cellar some burnt paper, with some matting, floor cloth, and wood—the paper was alight—the prisoner smelt very strongly of drink and appeared dazed.
Cross-examined. You met me with your landlord in the Seven Sisters Road.
FREDERICK SMITH (19 N.) I examined the premises 14, Osman Road, Tottenham—I found in the cupboard under the staircase a quantity of wood, matting, and paper, which had recently been alight—I read the charge to the prisoner at the station—he said, "That will have to be proved"—there was sufficient material there to set fire to the staircase and the house.
The prisoner's statement before the Magistrate. "In answer to the charge, I was at work all day yesterday along with my landlord. We were drinking together. I went into the coal cellar to see if I had caught a rat in a trap. The match must have caught the matting. Nothing was done intentionally."
The prisoner, in his defence, said that he went into a public house with his landlord; that while there his landlord, said that he was not going to have Lane lodging with him without paying his rent, and that he would clear him out; that he (the prisoner) told him he could not do that, when he replied, "Well, if I can't do that, I will set fire to the. lot "; that they went home; that he went into the cellar to see if there was a rat in a trap; that he struck a couple of matches, and brought the trap up; that he went into the kitchen, and that the next he heard was that the house had been set on fire.
Evidence for the defence.
WILLIAM BANKS . I live at 35, Osman Road, Tottenham, and am a boot maker—I have known the prisoner two years—I was in the Victoria on Tuesday, July 5th, with Wooldridge and the prisoner—Wooldridge was saying that Lane owed him a bit of rent, and he had given him notice to go, but he took no notice of it, and that he could not get them out—he said. "If I cannot get them out one way I will get them another; I will set fire to the place but what I will have them out; I will burn them out"—I said to him, "Mind what you are saying; there are people in this place here; you do not know who is here; mind what you are saying"
—he said, "What is it to do with you?"—I said, "I do not like to hear it and it is a wicked thing to say"—I was informed of the attempt to set fire to the house by Wooldridge—he told me that the prisoner had done it.
Cross-examined. I knew on July 6th of the prisoner being charged, but I did not understand it—I did not go to the police because I did not believe the story.
NOT GUILTY .
THIRD COURT.—Tuesday and. Wednesday, July 26th and 27th, 1904.
Before Mr. Common Serjeant.
(561.) GEORGE COLEMAN** (42) , to burglary in the dwelling house of Arthur Collins and stealing a clock, and to feloniously receiving a chalice veil the goods of Richard Lee; having been convicted of felony at Northampton in October, 1903. Two other convictions were proved against him. Three years' penal servitude. — [Pleaded guilty: See original trial image.]
(562.) CHARLES HARRIS** (35) , to two indictments for stealing a pair of boots and other goods, the property of Foster & Co., Limited, and another; having been convicted of felony at this Court in September, One other conviction was proved against him. Five years' penal servitude. — [Pleaded guilty: See original trial image.] And
(563.) JOHN MILLS (22) ', to stealing a watch the goods of James Roper; also to obtaining from Susan Gotobe a suit of clothes and a pair of boots by false pretences, with intent to defraud; also to a burglary in the dwelling house of Walter de Gros and stealing a bicycle and other goods, the property of Rose Thomas and Horace Herbert Thomas; having been convicted of felony at Stratford on Feb-ruary 26th, 1904. Eighteen months' hard labour. [Pleaded guilty: See original trial image.]
MR. WILKINSON Prosecuted; MR. ELLIOTT Defended.
FOURTH COURT.—Tuesday, July 27th, 1904.
Before Lumley Smith, Esq., K.C.
565. MAURICE MACDONALD (35) PLEADED GUILTY to obtaining from Harold Arthur Welch an order for the payment of £60 and £60 in money; from John Sinclair Blair £15, and from Charles Christopher Compton £25 in money by false pretences; also to obtaining credit from the said persons by fraud. A former conviction was proved against him. Twenty months hard labour.—.
(568.) ERNEST GRIFFITHS (32) and GEORGE HARVEY (28) , to feloniously breaking and entering the dwelling house of Thomas Henry Grant and stealing therein a necklace and other articles his property, and a watch and other articles the property of Francis Hooke; GRIFFITHS having been convicted of felony at the Town Hall, Gravesend, on January 21st, 1902, in the name of Ernest Craven. Seven precious convictions were proved, against him. Five years penal servitude. HARVEY having been convicted of felony at Marl-borough Street Police Court on January 22nd, 1903. Three years' penal servitude—. [Pleaded guilty: See original trial image.]
(569.) GEORGE HARRIS (30) , to feloniously breaking and entering the dwelling house of Alfred Reynolds, and stealing therein a coat, his property; having been convicted of felony at this Court on June 25th, 1900. Several other convictions were proved against him. Twelve months' hard labour. — [Pleaded guilty: See original trial image.]
(571.) ERNEST EDWARD HELSDON (31) . to feloniously marrying Emily Caroline Ford, his wife being alive. Two previous convictions were proved against him. Three months without hard labour — [Pleaded guilty: See original trial image.]
(572.) WILLIAM STOKES (32) and ERNEST GEORGE DODSWORTH (20) , to forging and uttering two orders for the payment of £12 and £16, with intent to defraud. DODSWORTH also to stealing two registered post letters, four bankers' cheque forms, three halves of £100 Bank of England notes, and other orders for the payment of money, the property of Isaac Nunes Carvalho and another. It was stated that he was the tool of Stokes. Six months' hard labour. STOKES† having been convicted of felony at Bow Street on March 27th, One other conviction was proved against him. Three years' penal servitude. — [Pleaded guilty: See original trial image.] And
(573.) CHARLES KILLICK (17) , to attempting to carnally know Ethel Florence Killick, a girl under the age of thirteen years. Two previous convictions were proved against him. Six months hard labour. [Pleaded guilty: See original trial image.]
MR. FITZGERALD Prosecuted.
HENRY BELL . I reside at 277, Kingsland Road—about 4 p.m., on July 2nd, I was standing outside the Round House, near Spitalfields Market, when three men, one of whom was the prisoner, came and asked me to have a glass of ale—I went and had a glass of ale with them—I wanted to return the drink, and they told me to come round the corner to a beer shop there—we went round the corner into Paternoster Court,
and they took me into a house, threw me on the stairs, throttled me, robbed me of 10s. 6d., and then ran away—I tried to catch them, but failing to do so, I went to the police station—I recognised the prisoner afterwards as one of the men who robbed me.
Cross-examined by the prisoner. You did not go into the public house with us—I picked you out at 8.30 p.m. the same evening by your clothes, hat, and face—I did not say at the police station that I had lost 26s. at first—I had been into two public houses before I went into the Round House—a woman who was a stranger to me came and asked me for a penny, and I gave her 2s. when she left me.
By the COURT. I drew 16s. fid. that Saturday for my wages—I had some money in another pocket which they did not take—there were four men who came up to me, and who attacked me afterwards—two of them went into the public house with me, and two waited outside—after I had been to the station I went out and walked about to see if I could see them—they said I was a little bit boozey, and to come back again—about 8.30 p.m. I saw the prisoner, and I went and pointed him out to a police-man.
ERNEST PAYNE (285 E.) On July 2nd, at 8.45 p.m., I was in Com-mercial Street, Spitalfields, when the prosecutor came up to me and said, "I have been robbed"—I said, "Who by?"—he replied, "I do not know who done it, not by name, but I know his face, and I can find him out"—I said, "Let us go and have a look for him," and we walked down Commercial Street until we saw two men talking together—the prosecutor pointed out one of them to me, who had his back turned towards us, saying he recognised the prisoner by his clothes—I arrested the wrong man, and the prosecutor said, "That is not him; you have got the wrong one: that is the one running away"—I ran after the prisoner and caught him—he said, "I have done nothing; I know nothing about it."
The Court intimated to the Jury that' the evidence was insufficient.
NOT GUILTY .
MR. JOHNSTON Prosecuted.
JAMES MONK . Between 6 and 7 p.m., on June 20th, I was standing outside a public house when Green came up to me and knocked me about and took 1s. 10 1/2 d. from my pocket—there was another woman, who I believe was Hammond, who is a stranger to me—they threw me down and jumped on me—they then went into the public house—a policeman came up, and one of the witnesses told him about it.
Cross-examined by Green. I treated you once only on that day, at 12 a.m., and you saw I had got some money in my pocket.
By the COURT. I get my living selling matches—I started out that morning with 5s. in my pocket—I had bought some stock and sold it—
I do not know what I did with the money I got from selling my stock; I had not been into any public house.
Re-examined. I was sober at the time.
HARRY STOW (58 H.) About 6.30 p.m. on June 20th I was in Brick-Lane when the prosecutor came to me with his nose bleeding and said that he had been assaulted and robbed of about 2s., that one woman had gone away and the other woman had gone into the public house—I saw Green in there, and told her I should arrest her for assault and robbery—she said, "I admit I assaulted him, but I have not robbed him"—I took her to the station, and twenty-five minutes afterwards Hammond came with Green's shawl, and the prosecutor and two other witnesses identified her as the other woman—when charged with the assault Green said, "I admit the assault, but not the robbery"—Hammond said, "I know nothing at all about it"—Green had a small mark inside her lip, likely to have been caused by a blow—the prosecutor was sober at the time.
By the COURT. There was nothing found on Green; on Hammond there was found 6d. in silver and 4d. in bronze.
DAVIS ROSENBERG . I am a tailor, of 106, Old Montague Street—between 6 and 6.30 p.m. on June 20th I was walking through Old Montague Street, and had got to the corner of Osborn Street, when I saw Green searching the prosecutor's pockets and hand something to Hammond, who was standing by laughing—a policeman came up, and I told him what had occurred—on turning round I saw that Green was going into the public house, and that Hammond had disappeared—the constable went inside and brought Green out and took her to the station—about twenty-five minutes afterwards Hammond came to the station, and I pointed her out.
By the COURT. There was a scuffle—the prosecutor is a cripple, and could not defend himself very well—I saw Green hitting him—I was ten yards away from them at the time.
Cross-examined by Green. After you put your hands in his pockets you hit him—I got into a van afterwards, and the prosecutor was driven to the station—I could see you perfectly well from where I was standing—I did not see the prosecutor hit you.
Cross-examined by Hammond. I cannot tell what it was that Green handed to you.
Re-examined. I had nothing to do with the van; it was only used by way of an ambulance to take the prosecutor to the station.
SAMUEL SIMONS . I am a machinist, of Zion House, Zion Square—I was coming home from work at 6 p.m. on June 20th, when I saw the prisoners having the prosecutor up against a public house—Green, after forcing his hands open twice and finding nothing in them, went through his pockets—the prosecutor hit her, and she turned round to Hammond and said, "Look how he is hitting me"—then she hit him on the face—I did not see her take anything out of his pockets—a carman came up—Hammond was standing by laughing.
Cross-examined by Green. I saw you go into the public house afterwards.
Cross-examined by Hammond. I did not see you receive any money from Green—I am quite sure you are the woman I saw laughing.
Green, in her defence, said that the prosecutor used to stand about the street all day, and used to have larks with them; that he hit her on the mouth, causing it to bleed; that it was in self defence that she had hit him, and that she did not rob him.
Hammond, in her defence, said that she was not there at the time, and had never seen the prosecutor before, and that she could prove what money she had on her at the time.
Evidence for Green's defence.
ANNIE DONNELLY . I am a married woman—at midday on June 20th I pawned a pair of boots for Hammond for 1s. 5 1/2 d.—this is the pawn ticket (Produced), which she asked me to keep for safe keeping—I gave my own name when I pawned the boots.
NOT GUILTY .
MR. HUTTON Prosecuted.
GUILTY on the second count. Discharged on his own recognisances.
DR. COUNSEL Prosecuted.
During the progress of the case the Court held that there was not sufficient evidence. and the Jury returned a verdict of
NOT GUILTY .
578. MICHAEL MEYER (40) , Breaking and entering the shop of walter Crick and another, and stealing therein five pairs of boots and other articles and the sum of £1 4s. 6 1/2 d. Second count, receiving those goods knowing they were stolen.
MR. GANZ Prosecuted.
JOSEPH CHAMBERS (410 H.) In the early morning of July 29th I was on Great Tower Hill, when I saw the prisoner coming towards Great Tower Hill with another man—he was carrying in his right hand a parcel tied up with two handkerchiefs, containing boots (Produced)—I asked him where he had got the boots from, and he said, "All right, guv'nor, I work for a man who is a dealer in boots"—on my asking him who the man was, he said, "I do not know where he lives; I have worked for him for about three months"—I told him that that would not do for me, and that he would have to come with me to the station—he said, "A man gave them to me, and told me to meet him at St. George's Street, and he would square up with me when he received the boots from me, and that he would give me 10s. for my trouble; I have been out of work for a long time, and thought that it would be a little help; I thought it funny"—I was taking him to the station, and had reached the bottom of Leman Street, when he said, "If you do not let me go, I will pull your f——b——out of you," and he kicked me and got me to the ground, catching
hold of my privates—I blew my whistle and Easterbrook came to my assistance—I was laid up for ten days.
RICHARD EASTERBROOK (67 H.) On June 29th I was on duty in Wells Street, when, about 2.40 a.m., I heard a police whistle—I ran up and saw Chambers struggling with the prisoner, who had hold of his collar with his left hand, and with the right hand he held his testacles—Chambers aid, "Get him off, Dick, he has hold of my privates," and I got the prisoner off.
AUGUSTUS EDMUND VINCENT . I am the manager of Messrs. Crick & Co., bootmakers, of 16, Mark Lane—I recognise these boots (Produced) as being the property of my employers—the last time I saw them safe in the shop was on June 28th—I bolted the door of the shop myself that night—I left £1 4s. 6 1/2 d., made up of a half-sovereign, a 5s. piece, a 4s. (id. postal order, and the rest was in coppers and silver—on the following morning on arriving at the shop I found the fanlight was smashed to pieces, and the shop was in very great disorder—I saw the boxes where the boots had come from.
THOMAS KELF (750 C.) In the early morning of June 29th I was on duty in Mark Lane—at 3.10 a.m. I noticed that the fanlight of Messrs. Crick's premises had been broken—I had seen it just after 2 a.m., when it was all right.
JOSEPH ORSMAN (Detective Sergeant, City.) I went to 16, Mark Lane on June 29th and examined the premises—I found on the door marks of climbing, and pieces of glass had been taken from the fanlight—I also found a quantity of glass lying inside on the mat, which I produce—I found finger marks upon the pieces, and handed them to Thompson, with instructions to take them to Scotland Yard to be examined by an expert—I found a chair inside on the mat, which had evidently been used by a person reaching up to the fanlight—it was covered with American cloth, and I took a copy of an impression of a heel that I found upon it—I examined this impression with the heel of the boot worn by the prisoner, and found them identical.
ERNEST THOMPSON (Detective, City.) I searched the prisoner at the Minories Police Station on the morning of June 29th, and found upon him 10s. 6 1/2 d. in money, amongst that money being a 5s. piece, also two pairs of laces, which were afterwards identified by Mr. Vincent, and ten pawn tickets to the value of £2, principally for underclothing—Orsman handed me some pieces of glass to take to the Finger Print Department at New Scotland Yard, and I handed them to Collins.
CHARLES STOCKLEV COLLINS (Inspector.) I am attached to the Finger Print Department of the Metropolitan Police at New Scotland Yard—on June 29th I received from Thompson these pieces of glass (Produced), upon which were certain finger marks—there are four impressions, and the clearest one was photographed (Photograph produced)—I also produce a photograph of the prisoner's right middle finger impression enlarged, which I took from the prisoner at Brixton Prison (Produced)—I have compared the two photographs, and I have no hesitation in saying they are exactly the same—no two finger prints are alike—there are twelve points
of identity that I have marked in red ink—No. I red ink line indicates on the one photograph one line forks, and then falls off into two—both prints are the same in this respect, as also No. 2, where there are two lines running off the forking or demarkation, and a stopping line coming upwards—No. 3 is again a stopping line coming upwards, and it is the third line from No. 2—No. 4 is a line terminating upwards—No. 5 is a line also terminating upwards, and is the sixth line from No. 3 coming downwards slightly—No. 6 is a line terminating upwards—No. 7 is a branch line of No. 8, which is a fork or demarkation, and terminates upwards; this is a very unusual form of pattern, and is marked in each very distinctly—Nos. 9, 10, 11, and 12 are other points of similarity.
GUILTY . Nine months' hard labour.
OLD COURT—Wednesday, July 27th, 1904.
Before Mr. Justice Ridley.
He received a good character. Fifteen months' hard labour. —And.
MR. MUIR and MR. ARTHUR GILL Prosecuted; MR. ELLIOTT Defended.
FLORENCE MACDONALD . I live at 3, Fairfield Villas, Main Road, Cape Town, and am employed at Sea Point, Cape Town—on August 5th, 1903, I wrote a letter to Mrs. Henry, 65, Great Portland Street, London—I enclosed this cheque in the letter (Produced)—it was dated' August 4th, and drawn on the African Banking Corporation, Limited, 47, Thread-needle Street, payable to Mrs. Henry, London, or order—the cheque was enclosed with a letter and registered—the letter was written to Mrs. Henry, whom I knew, containing some orders ior dresses—I never received the dresses, and I had no communication from Mrs. Henry—I made a complaint to the post office in the following December, and I communi-cated with my uncle, Mr. Munton, in London—the cheque was returned in its present condition.
Cross-examined. It was paid into the account of Mainprice & Lord, and bears the endorsement "Mary Henry."
ARTHUR SIDNEY TAYLOR . I am a postman, attached to the Western District Office—on August 24th, 1903, I received a registered letter to deliver—it was addressed to Mrs. Henry, 65, Great Portland Street—I took it to that address about half-past ten in the morning—I there saw a lad named Howlett—I gave it to him, and obtained his signature—he signed the receipt.
GEORGE HOWLKTT . I am now an electrician, and formerly resided at Bartholomew Street, Rugby—I was formerly in the prisoner's employ-ment—it was part of my duty to receive and sign for registered letters—I signed this receipt (Produced), dated August 24th—when I received the letter I put it on the prisoner's table—I remember some inquiries being made by a Post Office official about a registered letter—I mentioned to the prisoner that a man called who saw the official several times—he mostly saw the official each time I told him he was there—he did not see him always—he used to tell him to call again, as he was so busy.
Cross-examined. I was with the prisoner fifteen months—during that time a great many registered letters came—I remember during the time I was there a lady client calling in the name of Mrs. Gerald—letters came to the office for her—they came for her. care of the prisoner—I do not think I can describe her—she was about 40—she was a dressmaker, I believe—I believe she once had a place at 42, Great Portland Street—I am not quite certain as to the address—I do not know if she had an address at 97. Park Street. Gloucester Gate—I could recognise her—she was fair, short, and of middle height, I should say—she was not a very good looking lady to my thinking.
Re-examined. When a registered letter came I put it on the prisoner's desk, and if it was "c o" some of his clients, I used to put it on the chimney piece.
ROWLAND TURNER . I am manager to Mainprice & Lord, wine merchants, 83, High Road, Kilburn—the prisoner was a customer of ours—about the fourth week in August, 1903, he asked me as a favour to change this cheque for £5, as the collector of the water rate next door had refused to cash any cheque, and he asked me, as a customer, to cash it, otherwise they would cut the water off—I gave him £5 in cash—it was endorsed—I sent the cheque, with other moneys, to the office of my firm in Lewisham High Road.
Cross-examined. It was the water company, he told me, would not cash the cheque.
JOSEPH MUNTON . I live at 4, Hatherley Road, Walthamstow, and am Miss Florence Macdonald's uncle—on January 2nd, 1904, I received this cheque, enclosed in a letter from my niece in South Africa—I made some inquiries, and went to the post office in vere Street—I first went to the police on the Friday in Whit week.
FREDERICK JOHN AMERY . I am an inquiry officer at the Vere Street Post Office—on December 22nd a communication was made to the post office by Miss Macdonald—in consequence I made inquiries—on January 19th I went to 65, Great Portland Street—on that occasion I did not see the prisoner—I saw Howlett and a clerk named Tomkins, but I did not know his name then—I called again next day by arrangement—on that occasion I saw the prisoner—I told him I called with reference to an inquiry that had been nude in respect to a registered letter that had been
signed for by a lad in his employ—I told him that the letter never reached the address—he said he did not recollect the particular letter—that all letters addressed to Mrs. Henry had been re-directed by him to 154, Great Portland Street—I reported that to the Post Office—I had told him that the letter was addressed to Mrs. Henry—at 154, Great Portland Street there was a dressmaker named F. Henry—I do not think I called again on the prisoner—I think the case was afterwards gone into by another inquiry officer—I have not had an opportunity of looking at my papers—I did not call on him again and tell him the result of the inquiries at 154, Great Portland Street; that the letter he had re-directed there was not registered, and was not the one under inquiry—he said something to the effect that he did not remember whether the letter he had re-directed was registered or not—after that the inquiry was taken up by Mr. Meech.
Cross-examined. When I called upon the prisoner he discussed the matter quite fairly, and, as far as he appeared, was interested in the matter, but did not know anything about it—he was not upset.
HENRY CHARLES MEECH . I am an overseer in the employ of the Postmaster-General—on January 17th, under instructions, I called at (55, Great Portland Street and saw the prisoner—I asked him whether he could explain how he negotiated the cheque which had been delivered to him and addressed to Mrs. Henry—I told him the receipt had been signed by his boy, and the cheque had been traced to Messrs. Mainprice & Lord, who said they had received it from him—he asked if the case could be left over until the following Friday, when he would see to the matter, and would probably give an explanation which would be satis-factory—T called again and saw him on February 25th—I said we had received no call from him or any explanation—he seemed to be distressed, and made some plea about a servant having committed suicide, and he was worried—he gave no information whatever—he said he would call and see the postmaster. I think, on the following Friday—I cannot say the date exactly—so far as I know no explanation was received by the postal authorities.
Cross-examined. When I mentioned this matter to the prisoner he appeared quite willing to discuss it—he said, "Mainprice & Lord are my wine merchants, but I cannot say in what way I paid them the cheque, but I will give the matter my attention; will you let the matter stand until Fri-day, February 19th, and I will look them up"—he said he was rather busy.
FREDERICK HALL TOMPKINS . I was formerly in the prisoner's employ.—I remember inquiries being made early this year by the two last witnesses with regard to a registered letter—I do not think the prisoner told me anything about these inguiries—I think he made an appointment to go round to the post office—I afterwards asked him if he had been—he said he had. and had put it all right—I cannot say at this length of time how long that would be before his arrest.
Cross-examined. I am a solicitor—I was associated with the prisoner between three and four years—I first went to him, I think, in May, 1901—I remained with him until the end of 1903—right up to what I call the climax—I cannot say if he had two clients named Mr. and Mrs. Henry—I
knew a Mrs. Gerald—I do not know that Mrs. Gerald's name was formerly Mrs. Henry—I have heard so—I cannot say if Mrs. Gerald who is suggested as being Mrs. Henry, formerly kept a milliner's and dress making establish-ment at 07, Park Street, Gloucester Gate—I knew her in Great Portland Street—42, I think—I believe she had had a milliner's and dress making business there—I know that she is a milliner and dressmaker—during the time I was with the prisoner letters came to the office addressed to Mrs. Gerald, I think—he permitted many of his clients to have their letters addressed to his office—large numbers of registered letters came—they were taken away by the Official Receiver—Mrs. Gerald was a client up to the end of 1903—the last matter done for her was in connection with an ejectment—there were, I think, some costs due to the prisoner in connec-tion with the proceedings—at any rate, she owed him money.
Re-examined. I was managing clerk, and enjoyed the prisoner's con-fidence—up to the date of his arrest he offered me no explanation with regard to this letter, which the Post Office officials were inquiring about—Mrs. Gerald was ejected about December, 1903, I think—in August her address was about a dozen doors down—I think it was 45—she was always Mrs. Gerald when I knew her—I can't say in how many matters the prisoner acted for her, to my recollection certainly three—so far as I know, in all of these she was described as Mrs. Gerald—the prisoner called on me four or five weeks ago—that was after his arrest—I cannot recognise the handwriting on this document (Produced)—I cannot say if it is a disguised handwriting.
KATE HENRY . I live at 30, Brondesbury Villas, Kilburn—I formerly carried on business as a dress maker at 46, Great Portland Street, in the name of Lyon—that was before I was married in December, 1902—Mr. Lyon, my brother, rented the premises—I did not receive this cheque—the endorsement is not mine—I authorised no one to write it—I received no letter from Miss Macdonald in August, 1903—I authorised no one at Great Portland Street to receive my letters nor open them, nor to deal with them in any-way.
Cross-examined. I have seen the prisoner once—he has not been my solicitor, and has not acted for me in any way—I left my address with the postal authorities when I went away.
FREDERICK GILBERT HENRY . I am a corset maker, carrying on busi-ness with my mother at 154, Great Portland Street, under the name of Madam F. Henry—the last witness made dresses for madame and my sister—no registered letter addressed to 65, Great Portland Street was sent on to me at 154, Great Portland Street—I received a letter which had been addressed to Henry, 65, Great Portland Street—it was sent to me at my address—that was an unregistered letter—that was about October 14th—when I received the letter it had been opened, put into a fresh envelope, and forwarded by hand in a different handwriting from that on the letter inside—it contained a cheque which I received from Osborne and Matthews—it was drawn by a London firm on a London bank—I returned it to the drawers, and at the same time gave the proper address of Mrs. Henry.
THOMAS HENRY GURRIN . I am a handwriting expert of many years' experience—I have compared the endorsement, "Mary Henry," on the cheque with these exhibits—I have also been through a large number of exhibits in this case purporting to be signed by C. A. Lumley—I see a, large number of specimens of his handwriting among these exhibits—among all the specimens I have not seen any written at the same angle as the word "Mary"—I should say that that is not his ordinary hand-writing—I should say it is a disguised handwriting in the sense that it is not written in his usual style—the usual means taken by a person to disguise handwriting is to write at a different angle—either vertical or backwards.
Cross-examined. The writing of a person using a stylographic pen would show a difference on account of the pen.
BRAHAM PITT . I am postmaster at Vere Street Post Office—it was from my office that inquiries were directed with regard to the missing letter from South Africa—the prisoner never called upon me—he never gave me any explanation with regard to this matter. Stanley Davidson. I am a clerk at the Capital and Counties Bank Oxford Street Branch—the prisoner opened an account there on Novem-ber 17th, 1902—a number of cheques drawn on the account were dis-honoured—I gave him notice to discontinue it—on April 3rd, 1902, I wrote this letter to him: "Sir,—As your account was garnished on March 19th, there was no balance on that date. The account was there-fore closed, and all cheques will be marked to that effect"—notwith-. standing that, cheques continued to come—two in May and two in June.
GEORGE INGLIS BOYLE . I am a messenger at the Bankruptcy Court, and produce records of the prisoner's bankruptcy—from 1897 down to 1903 he was an undischarged bankrupt—I cannot say whether a number of registered letters were taken away from his, place—I have not been served with notice to produce those letters.
JOHN MCPHERSON (Police Sergeant), I have made inquiries into certain county court proceedings against the prisoner—I produce records. showing the number of county court orders and the amounts remaining unsatisfied—I have found unsatisfied judgments in Bloomsbury County Court and Westminster County Court.
The prisoner, in his defence on with said that he was admitted a solicitor in 1899; that he had two clients named Mr. and Mrs. Henry; that Mrs. Henry changed her name to Mrs. Gerald; that on one occasion, at his office, when she owed him money for costs she gave him authority to pay himself from the proceeds of a cheque which might come for her in a registered letter: that him call" book proved that Mrs. Henry called on him; that his clerk Meads was present when Mrs. Henry spoke about the registered letter; that Mrs. Henry or Gerald could not now be found, although he had made every
effort to trace her, although he had not sought the assistance of the police or advertised; that Meads had made the entries in the call book while in his employ: that he had the discussion with Mrs. Henry about the costs in April or May. 1903; that (he £5 cheque came in August, 1903, and denied that he had disguised his handwriting on it.
Evidence for the defence.
WILLIAM MEADS . I live at 12, George Street, Blackfriars Road, and am a journalist—in 1901 I entered the prisoner's service as a clerk—I left in October, 1902—during that time the prisoner had clients named Mr. and Mrs. Henry—I know the woman came from Camden Town—I believe she was a dressmaker—I always gathered she was in monetary trouble—she consulted the prisoner in reference to it—I practically kept the call book during the time I was there—"Mr. and Mrs. Henry "are entries in my handwriting—I made them at the time they purport to be made in this book (Produced), the dates are September 12th, August 16th. and September 19th, 1902.
Cross-examined. I have seen the prisoner four times since I left his employment—three times within the last fortnight—I have been present at four or five interviews between Mrs. Henry and the prisoner—it was said that registered letters would come to the office for Mrs. Henry—there is a note in my writing on October 4th, 1902. that I left on that day—the interview about the registered letter was about July, 1902—I remember the prisoner one day beckoning to me indicating that I might be wanted to take a shorthand note—I remember him asking Mrs. Henry when she could pay him—she told him she would pay him as soon as she could get some money in, but that it was difficult to get money, and if any came for her he was to use it and let her know—I remember the prisoner jocularly remarking to her, "Then if I get a cheque I am to endorse it and pass it through my account, and that will be all right"—she said, "Yes;"—she said, "You won't get any big cheque, only a small one or two"—she intimated to me that registered letters would come to her through the prisoner—I remember her giving him authority to open letters and take any cheques that came—I first told the prisoner that I could tell this story when he asked me a number of questions—he did not tell me that the date when he was accused of stealing this cheque was 1903, and not 1902—he did not mention August—when I came into this box I had no idea in what year. the accusation took place—he mentioned the month, but did not mention the year—the entries in this call book are at the end of a blank space left at the end of a day—they are in my handwriting—they were made within the last fortnight—I put them there—the prisoner knew it.
HENRY HOOPER RICHARDS . I am a solicitor, of 211, Albion Road, Stoke Newington—I was formerly in the employ of the prisoner—I entered his service about September, 1903, until April this year—during the time I was there I do not remember a client in the name of Henry—I remember a Mrs. Gerald—she was a client—she lived in Great Portland Street—I attended to ejectment proceedings for her—it must have been September, 1902, that I went to the prisoner's—Mrs. Gerald owed him
money for costs in respect to work done—she came to the once from time to time—letters were received at the office for her from time to time—I remember some being taken away by the official receiver—there were thirty or forty letters waiting there for clients at that time.
Cross-examined. With regard to this particular letter and cheque in August, 1903, I know nothing about it.
WILLIAM MEADS (Re-examined by the Court). I made the corrections in that book within the last fortnight in a restaurant—the prisoner was with me—no one else—when I saw my handwriting I thought I was in the direction for truth—when the prisoner said, "You might add a couple of names there," I didn't take any more notice about it.
MR. JUSTICE RIDLEY directed that proceedings should be taken against the witness for perjury.
GUILTY . Four years' penal servitude.
NEW COURT—Wednesday, Thursday, and Friday, July 27th, 28th, and 29th, 1904.
Before Mr. Recorder.
582. GEORGE WILLIAMS (79) , PLEADED GUILTY to feloniously stealing fourteen brass gas brackets and other articles belonging to Morris Greenberg, having been convicted of felony at Clerkenwell on February 17th, 1903, in the name of John Swaby. Several other convictions were proved against him. Twelve months' hard labour. —
(583.) JAMES DAVIS (27) , to feloniously delivering and uttering a letter to George Wallace Hutchence demanding money with menaces, having been convicted of felony at the Marylebone Police Court on March 24th, 1903, in the name of Samuel Brown; The police gave him a bad character. Six years' penal servitude. — [Pleaded guilty: See original trial image.] And
585. RICHARD HECKSCHER (56), DEMOSTHENES GEORGE PAPPA (46), and ROBERT LARCHIN, Conspiring together with other persons unknown to cheat and defraud the Clifton Consolidated Copper Mines of Arizona, Limited, of their moneys and valuable securities; Second count, Unlawfully obtaining by false pretences a cheque for the payment of £1,958 15s. 3d. with intent to defraud; PAPPA being a director of the said company did fraudulently apply a valuable security to the amount of £l,95s. 15s. 3d. to his own purposes, HECKSCHER and LARCHIN aiding and abetting him.
MR. AVORY, K.C. MR. MUIK, and MR. LEYCESTER Prosecuted; MR. HEMMERDE and. MR. DUDLEY WARD Defended Hcckscher and Pappa; and MR. GERMAIXE, K.C., and MR. HOLLOWAY Defended Larchin.
The prosecution offered no evidence against Larchin, and the Jury re-turned a verdict of
NOT GUILTY .
CHARLES GALLAHER . I am from the office of the Registrar of Joint Stock Companies at Somerset House, and produce the file of the Anglo-Continental Agency, Limited—it was registered on August 14th, 1897—the office was at 47, Old Broad Street—there is an agreement on the file
showing that the company purchased the business of Richard Heckscher for £4, (K) D. payable as to £3.910 in shares of £1 each—of those 3.910 shares, 3.710 stand in the name of Kate Myra Heckscher. of ii. Earl's Court Square, one in the name of Richard Heckscher. six in the name of Demosthenes George Pappa, and fifty in the name of Robert larchin, who is described as a director of the company—by December. 1903. the total paid up capital was 8251—I have here the tile of the Clifton Con-solidated Copper Mines of Arizona, Limited, registered on June 6th, 19Ol—from the agreement on the file I find it was formed to acquire leases and claims of mining property in Arizona territory from the Clifton Arizona Copper Company—in the return for 1902 I find the directors were Maurice Fontaine. James Henry Mace. Count Albert de Sonis. And jules Fribourg—there is a notice dated October 1st. 1902. showing that Demosthenes George Pappa had become a director—by December 19th, 1902, I find he had resigned—the agreement on the file contains a schedule of the mining claims acquired by the company.
MANRICE FONTAIXE (Interpreted.) I am a mining engineer residing at Douai. Nord, France, and have had over twenty years' experience of mines-in 1901. I met Pappa in Paris—both prisoners speak and write French—Pappa proposed to me that I should become a technical director of the Clifton Consolidated Copper Mines of Arizona—I had to purchase 600 shares, and I paid £600 to the Anglo-Continental Agency—having become a Director. I went to America in October or November. 1901. with Heckscher for the purpose of examining and reporting upon the property—I saw the whole of the company's claims—I met Mr. Dunham on the property he was then the resident manager of the mine—at that time the four claims in question in this prosecution were not part of the company's property—I did not attend a board meeting on September 23rd. 1902: I think I received notice of it—I attended a meeting on September 30th—I first went into the Anglo-Continental Agency's office at 47, Old Broad Street, and there saw the two prisoners—the room was next to the office of the Clifton Company in the same building—Pappa said that he and Heckscher had bought four claims in Arizona for 9500 dols., and were disposed to sell them to the company at the same price, but that if the company did not want them he was not anxious to sell them—Pappa pointed out on a plan the four claims—they were practi-cally in the middle of the company's property—the average price that the company paid for the other claims which they had acquired when the company was formed was.37,000 francs, while the new purchase worked out at 11.000 francs, each—I then attended the Clifton Company meeting—there were present Mr. Mace, the chairman; Mr. Pappa, and Mr. Larchin. the secretarv—Heckscher came in, although he was not a. director—when the directors wanted information they sent for him—he held a power of attorney to represent the company in the United States—at that meeting the minutes of September 23rd were read and con-firmed—they were translated into French for my benefit—I heard this read from the minute book: "The acquisition of some further claims which has been recommended by Mr. Dunham, was confirmed, and the
secretary was instructed to call a meeting for Tuesday, 30th met., at two o'clock, at which Mr. Fontaine was to be asked specially to attend to advise the Board in the matter of the acquisition of these claims"—at the meeting on the 30th. a plan was produced indicating the position of the four claims, I was asked for my opinion, and I supported the resolution for the purchase—this is the plan—the claims are coloured dark blue on it—this resolution was then carried: "The acquisition of four claims called 'Raven,"Eagle." Mount Vernon No. 3.' and 'Sparrow' was discussed, and it was resolved that the same should be purchased; it the price of 9,500 dols in cash, and cheque for the equivalent was parsed for payment as soon as funds in hand of the company will permit"—at that meeting Pappa said, Heckscher being present, that they had purchased these four claims for 9,500 dols., and that they were prepared to sell them to the company at the same price, but that if the company were not desirous of having them they were not anxious to sell them—I believed the statements made by the prisoners—I had had no notice or information that those claims had been located by Mr. Dunham on behalf of the company before the meeting of September 30th, nor had I seen any accounts showing work done on these claims—I received technical reports every month, but nothing to show that Mr. Dunham had located these claims—I first heard that these four claims had in fact been located by Mr. Dunham on behalf of the company in April this year.
Cross-examined. Heckscher had no salary from the company—he gave advice to the company when the directors asked for it—he came in and out at every meeting—before the meeting of September 30th I knew from Pappa that there was a question of acquiring fresh claims, but I knew nothing else—when I first gave evidence I had forgotten this—about that time I saw Pappa in Paris, but he did not tell me about the four claims—I am quite sure I did not refer him to Mr. Fribourg—if I had approved of the purchase when in Paris, Pappa would have said, "Mr. Fontaine has approved of the purchase"—Pappa's statement is false if he says so—I voted at the meeting for the purchase of the four claims because I thought they would be advantageous to the company, and because they were recommended by Mr. Dunham—it was stated at the meeting that there was not enough money in the bank to pay for the claims—it was not stated then that the prisoners, owed £2.000 upon certain deben-ture—I do not recollect that Pappa explained to me prior to or at the meeting of September 30th that the £1,958 which they were to obtain. for these claims, was only to be used in paying up calls on debentures that were due—the prisoners told me they had bought the claims, and I had confidence in them—I did not know their financial position—I afterwards knew they were pressed for money when they did not fulfill their engagements—during October, 1902, they asked whether they could obtain at Douai, where I resided, money on debentures—there was some correspondence about it—I was not surprised that the prisoners should offer to sell the claims at the same price as they bought them at, as they were interested as shareholders in the company, and had an interest in the concern going well—I thought the claims were worth a good deal
more than 9,000 dols., considering the previous claims had been obtained on an average price of 37,000 francs and this was only 11,000—Pappa did not in Paris before the meeting tell me exactly the whole history of these claims, and that they had been located for Heckscher by Mr. Dunham—it was not clearly stated at the meeting on the 30th that these claims had been located by Mr. Dunham for Messrs. Dunham and Heckscher—when the resolution for the purchase was moved, I asked Pappa that the title to the property should be verified, Pappa spoke to the others in English, and the matter was at an end—I did not insist because I thought it was the same as in France, where a deed of sale has to be executed before a notary, and the notary investigates the title—Pappa explained to me the objects of the meeting and the questions which were discussed—he translated the sense to me after every sentence—I am a director of the Omnium Company, which was formed about July. 1903—it is an English company registered in Guernsey—in 1903 Heckscher was in America endeavouring to amalgamate the Clifton Company and the New England Company.
Re-examined. Before going to the meeting on April 30th, I only knew there was some question as to the acquisition of claims, but I did not know where—when I asked Pappa that the title should be verified, he gave a sign of acquiescence.
ROBERT NEWTNX CRANE . I am a member of the English Bar, and also a member of the Bar of the Supreme Court of the United States—I have had seventeen years' experience of the practice of the law in America, and have had occasions to consider the mining laws of the United States and the State of Arizona—the source of title to mining lands in America is acquired by the discovery of minerals upon a certain area of land, and the taking possession of it—the Federal law of the United States and the law of Arizona both require that when a person has discovered mineral in land which is subject to location or acquisition by the discoverer, he shall mark it out upon his boundary by muniments, and shall fix somewhere on the land a notice signifying that he has located it as his own property, and he has then 90 days in which to perfect his claim, if he desires to do so; at the expiration of that time, if he is so desirous, he must record in the office of the County Recorder a transcript of the notice which he has posted upon the land; after that he must do certain assessment work to the amount of 100 dols. in each year he holds the claim, which is a question of evidence—from the time he takes possession publicly he has a good title against all the world to that property except against the United States, which has a title over him. but holds its claim in abeyance so long as he continues to do the necessary work required by the Statutes in connection with the location, and ultimately the location may be carried out to the extent of obtaining a patent, and then ho has a title even against the United States itself; his title becomes absolute—this document now handed to me is a certified copy of the records in the County Office—an abstract of the records of a county, if they are under the seal of the County Recorder, certified by him to be a faithful and accurate transcript, is accepted as evidence in
Arizona—it certifies that there have been recorded in the office of the County Recorder the location of the four claims, "Raven," "Eagle," Sparrow," and "Mount Vernon No. 3"—it complies with the statutory requirements of the Act of 1895 of Arizona—this further certifies that there has also been recorded on the records of the county, proof of labour upon those four claims, so that it is a perfect title—this certificate further sets forth that the money expended in the assessment work has been provided by certain specific parties, the work on the "Raven" mining claim by the New England and Clifton Copper Company, Arizona, owners the "Eagle," by the Clifton Consolidated Copper Company of Arizona owners; and "Mount Vernon No. 3" by the New England and Clifton Copper Company, owners.
Cross-examined. It says here the work has been done during 1903—then; is no reference to the "Sparrow"—there is no reference to work done in 1902—a location is complete without any expense for assessment work, the assessment work is only a condition of continued possession—I have no doubt it would comply with the requirements, if a person could show that he has put in 200 dols. worth of work during the previous two years—whether it is done in the first or second year is not material, provided the whole work has been done recording to the law—the State wants its mines worked—this requirement is in order that people may not specu-latively peg out a lot of territory without capital, and then hold it, as a dog in a manger would, to prevent other people from acquiring it.
LOUIS ALEXANDER DUNHAM . I have had a great many years' experi-ence in practical mining—in November, 1900, I met Heckscher in New York, and brought to his notice certain mining properties in Arizona, which were subsequently purchased by a syndicate—I was acting as agent for the vendors of the property, which afterwards was sold to the Clifton Consolidated Company—I have been practically manager of the company since it started—I took up my duties, and remained at the mines till October, 1903—for the purpose of registering the title to the property, a local company was formed called the Mexican Arizona Copper Company, because the local laws do not allow an English company to be registered as owner—these claims were registered and held by Heckscher and myself as trustees, he and I being directors of the local company—the claims which were then acquired by the company in 1901 are all set out in the schedule to the agreement under which the property was sold—this plan shows in light green the properties which were acquired by the., company on its formation—in the early part of 1902 my attention was directed to certain vacant ground in the midst of our property which I located for the benefit of the company—you first peg it out, and then in ninety days you have to do 100 dols. worth of work on each claim—I put up a notice to comply with the law, and reported it at the time—I gave the names to the four claims—before the ninety days expired all the necessary notices were filed by me at the office of the County Recorder of Graham County—in doing the location work we expended the com-pany's money which I was supplied with from time to time—I as manager kept under my supervision books of account there showing the affairs of
the company and the money expended—I examined the accounts before they were sent over here on the 10th of each month we sent copies with voucher: in fact, a balance sheet and bank statement of what was wanted beyond money spent on the work location. Which I entered in the books, I spent nothing at all for the four clams on May 11th, 1902 I sent letter. enclosing monthly account (or April, 1902. with a copy of my journal in that journal there are entries relating to three of the claims, the "Raven" "Eagle." and "Mount Vernon No.3" it says: "Location on following claims. 'Raven,' 'Eagle.'and 'Mount Vernon No.3 115 dols. "and shows that the money was paid to a man named Awalt. who was a contractor, out of the company's money my hands I knew that the prisoners were carrying on the business of the Anglo-Continental Agency I knew that they had become responsible for a number of debentures in the Clifton Company—I received a letter with the Anglo-Continental heading. which contained this: "New Locations. I shall be glad to receive a copy of these locations, so that we can, add them upon our own map"—I later sent to Heckscher a tracing of the four new locations. I never made any recommendation to the company to acquire them. because they already belonged to them through my location—it is nor true that they were ever sold at any time to the prisoners for 9500 dols. they never at any time belonged to them—they had never paid a farthing for them—all the money for assessment and location work was spent by the company—I never heard that the company was proposing to buy these claims, which were already their own property. for 9500 dols.—I never hoard till March tin's year that the company had agreed to buy these claims—there was not the slightest reason' why the Clifton Company should in September. 1902, have paid a farthing to the prisoners, for these claims—nobody ever offered me any portion of the money I did from time to time while out there, acquire or negotiate for options on certain other property which was contiguous to the company's property, and informed Heckscher of it—that has nothing whatever to do with these four claims.
Cross-examined. I made arrangements with Heckscher that we should take up some options for our joint account—I think I located some claim besides the four in question on behalf of the company—I located none lor the joint account on the prisoners and myself. but! Suggested to Heckscher that he should become my partner in the Balbeck claims that my friends had located, if he would reimburse me the money that 1 had paid out, and that we should sell the claims to the company. But he never did I had a general talk with him about getting options on claim I am prepared to swear that I did not discuss the location of these particular claims with him on his and my account—I had interviews with him. and later on I located these claims for the company—I had a conversion with him in the spring of 1903 at the Sheldon House Hotel. Elpaso, Texas, but it is absolutely false to say that I asked him in the presence to Mrs. Heckscher what he had done with the claims, and that he told me then that he had sold them to the company—nothing was ever mentioned about selling these claims to the company—there was no
occasion to discuss it because the sale to the company could not have been—I never asked for my share—it is false to say that ho told me on that occasion that ho had sold them, but had got nothing in cash for them, only debentures—it is false to say that ho told mo as soon us ho got some-thing out of the amalgamation he would pay me an equivalent for the third I should have had.
Re-examined. I never had any conversation with Heckscher in the presence of his wife about any division or share of profit at the hotel—there was a conversation about some share of a discount which Heckscher had obtained that was due to mo. which was on a specific deal—I said before the Magistrate that I took some options for the prisoners., but there was never any such arrangement for location of claims—there was no conversation which could have led Heckscher to believe that I was going to pay 9,000 dols. or any other sum to acquire those claims—I had numerous letters from Heckscher after September 30th, 1902—in none of them did he over say a word about having sold these four claims to the company—he has never at any time offered me any share of the debentures which he says he got by the sale.
AKTHUR JAMES CLUER . I am cashier at the Cheapside branch of Lloyd's Bank—we had the account of the Anglo-Continental Agency. Limited—I produce a copy of it from January 1st, 1901, to April 5th, 1904; also a copy of an entry from the waste book, dated October 29th, 1902—on this lust date I find there was a sum of £2,153 3s. 7d. paid into the account, which included a cheque for £1,958 15s. 3d. drawn on the Clifton Consolidated Company.
Cross-examined. There was a cheque for £2,000 paid out that day, payable to the Clifton Consolidated Copper Mines—both the Agency and the Clifton Company banked with us at that time—I have not got the Clifton Company's account—I cannot say what the credit of the Clifton Company was when that amount was paid in unless I have the. docu-ment.
Re-examined. This is the actual cheque of the Clifton Consolidated for the £1,958. payable to the Agency, and signed by Mace and Pappa, directors, countersigned by Larchin, secretary.
ROBBERT LARCUIN . I was secretary of the Clifton Consolidated Com-pany from 1901 to May 13th or 14th, 1903—I had known Pappa some live or six years before becoming secretary, and Heckscher a year or so—I was a director of the Morenci Copper Mines Company before joining the. Clifton Company—it was one of the companies taken up by the Clifton—I had advanced £500 to the Anglo-Continental Agency when they were promoting the company—the Agency were outside brokers dealing in shares and having a financial business in promoting companies—the prisoners were chiefly interested in the Agency—I paid £50 for fifty shares in the Agency." which was in addition to the £500—Pappa became a director of the Clifton Company about July, 1902, and remained so until about December the same year—Heckscher's position was that he visited the mines on several occasions at the request of the Board, held a power of attorney to represent them in America, and generally advised
the Board in London on matters connected with the mines—the prisoners looked after the financial concerns of the company in London—Dunham sent monthly accounts from the mines, which were generally handed to Heckscher to examine—I did not examine them; I should not have understood them—they were afterwards handed to the accountants to put in the books, being first brought before the Board—I received the letter of May 11th, enclosing copy of the journal and monthly account for April—I put the enclosures with the accounts before Heckscher—practically all the letters to Mr. Dunham were dictated by Heckscher—I first heard of the four new claims from Pappa in the early part of September, 1902—he asked me to call a meeting to purchase four claims—the company's maps that we had in the office showed those four claims uncoloured, and therefore not belonging to the company—he suggested the company was to buy them from himself and Heckscher, as I under-stood—I called the meeting of September 23rd, and gave notice of it to the company's solicitor—he was present at the chairman's request—the directors present were Mr. Mace and Pappa—Pappa said at it that the acquisition of these four claims had been recommended by Mr. Dunham—I do not recollect any discussion at that meeting—the claims were shown on the map practically surrounded by the company's claims—Pappa explained that he and Heckscher were going to sell the four claims to the company for 9,500 dols., out of which they would be making no money—the meeting was adjourned to the 30th for the attendance of Mr. Fontaine to advise and strengthen the Board on the matter—I did not give notice to any other French director—I did not know that Pappa had written to Mr. Fribourg, another French director—the meeting was held, and I was present—it began by reading the minutes—Pappa acted as interpreter to Mr. Fontaine—Mr. Mace asked Pappa to explain to Mr. Fontaine the nature of the business—Pappa said, "I have already done so, and he approves of the purchase"—he then had a conversation with Fontaine in French—the chairman stated that it was not possible to carry out the transaction in the present position of the company's funds—Pappa said that the company would be placed in possession of funds very shortly—this minute was afterwards drawn up by me showing the resolution which was passed—a cheque was passed for payment, and approved, but payment was held over till the company was in funds—at that time I did not know that those four claims had been located by Dunham at the expense of the company—Heckscher did not show me Mr. Dunham's letters that he received from time to time—he might have read sometimes an extract which referred to the working of the mines—this letter of July 30th enclosed the plan of the four new claims, and says, "Please hand maps to Mr. Larchin"—that was not done; I never had such a map—the letter did not come under my notice till these proceedings—it was no part of my business to make myself acquainted with all the details of these transactions—this document of October 28th, 1002, is a kind of sale note showing the sale by the Anglo-Continental of the four claims—on October 29th the cheque for £1,958 was drawn, payable to the Anglo-Continental Agency, signed by Mace and Pappa, and counter-signed
by myself—I knew at that date that the Agency was liable for about £2,000 to the Clifton Company on debentures—I knew at that date that the balance of the Agency at the bank was about £75, and that this cheque was paid in to the account, and provided the money to pay for those debentures.
Cross-examined. I am quite sure I did not know that the four claims in question had been located by Dunham at the expense of the company—I did not see when the accounts were sent in that certain money had been expended upon them—I never looked at the accounts—I was asked, before I was summoned, to give a statement to Mr. Blair, the solicitor for the prisoners—I did not give it; I refused to sign it—a statement was drawn up, and I submitted it to my solicitor; acting under his advice, I did not sign it—I say Mr. Blair dictated the following statement, and it was not from myself: "I remember the accounts sent over by Mr. Dunham, and noticed that they included payments made in connection with the new claims—I did not regard this as showing that the claims belonged to the Clifton Company, and I did not think it was strange the payments should have been made by the Clifton Company on their account, if it was intended by the company that they should at some subsequent time secure them for themselves. These payments were very small, only a few pounds altogether. The whole of the other properties held by the Clifton Company had been obtained through Dunham"—it was possibly dictated in my presence without my disputing the accuracy of it—I say it is untrue—at Heckscher's request, I was plaintiff in proceedings brought against the Omnium Company, and obtained an injunction restraining the directors, among others, from dealing with certain shares—after these criminal proceedings were insti-tuted against me, I gave notice to Mr. Blair that I was not going on with the action—Pappa never stated in my presence that he had acquired the claims by purchase, or that he had paid 9,500 dols. for them, but he did say in my presence that they were making no money out of it—I cannot say whether I told Mr. Blair so.
Re-examined. My solicitors, on June 15th, 1904, returned the statement to Messrs. Blair and Girling, saying that the statement was not accurate in several details, and that I was quite prepared to give my evidence if my proof was taken properly beforehand—when Pappa said they were making nothing out of the property, he said the price was 0,500 dols.—I was guaranteed my costs in the Chancery action by Mr. Blair—it was really Heckscher's action.
WILLIAM HAROLD WREFORD . I am an accountant at 6, Dowgate Hill, City—in July, 1903, I was appointed receiver for the debenture holders in the Clifton Consolidated Company, and on August 14th, 1903, liquidator of the company—I thereupon took possession of the company's books and documents, including this minute book—my attention was called to the minutes of September 23rd and 30th. relating to the acquisition of the four claims—owing to inquiries made, I swore the information on which the prisoners were summoned.
Cross-examined. The company had power to cancel any debentures
on which instalments were overdue; they did so, and the company ulti-mately were £42 to the good by the result of this transaction—this prosecution was started, I think, on the instructions of the Count de Sonis, who is paying the expenses.
Heckscher, in his defence on oath, said that he came to England about fifteen years ago: that Jus connection with Arizona commenced about 1889; that he bought all the claims for the Syndicate, for which he was acting, through Mr. Dunham; that he was in Arizona at the beginning of 1902, and saw Mr. Dunham: that he had on February 15 th a conversation with Dunham as to options and locations; that he said to him if they could get new claims that were suitable, and could make something on it, they were to get them jointly and divide the profits into thirds to include Pappa: that he first heard of the location of the four claims some time in April from Dunham, who wrote to him, not to the company; that the claims were located jointly for Pappa, Dunham, and himself, and ultimately he expected to sell them to the company; that it was not true that Pappa had told Fontain in his presence 'hat they had bought the four claims; that he never told the directors so: that he never represented to the directors that Dunham had recommended the purchase of the claims by the company, and that it was not true that he explained to Mr. Fontaine before the meeting what the claims were.
Pappa, in his defence on oath, said that he was in business with Heckscher under the style of the Anglo-Continental Agency; that he never saw the account's sent by Dunham; that Heckscher mentioned to him when he returned from America in 1002, that he had arranged with Dunham for locating and acquiring options in claims and for sending them to the company to purchase on their joint account; that he me' Mr. Fontaine in Paris on September 18th, and discussed the acquisition of the claims with him; that Mr. Fontaine's statement as to the interview before the meeting on September 30th was absolutely untrue; that he never represented he had bought the claims, or that he was making no money out of the sale; that he never stated that Mr. Dunham had recommended the purchase of the claims; and that he was not asked a' the meeting of September 23rd to explain how he came to have the claims to sell.
Evidence for the Defence.
KATE MYRA HECKSCER . I live at 44, Earl's Court Square, and am Heckscher's wife—at the beginning of 1903 I went to America with my husband, and arrived at Elpaso. Texas, in February—we met Mr. Dunham there—he asked my husband about money matters, saying he was dread-fully hard up. that he had personally paid out 2,500 dols. for the Balbeck claims which he had "jumped" on January 1st, and asked my husband if he had any money for him; my husband said he had not—he said. "What have you done about the four claims 1"—I do not remember the names exactly; I remember they were names of birds—my husband said that no money had passed but that he had paid for some debentures, and when they were fully paid he would settle with Mr. Dunham and give him his share—Mr. Dunham seemed satisfied and the conversation drifted.
Cross-examined by Mr. Muir. I am a professional woman and teach singing—I do not personally do any business in mining shares or claims, but I have a good deal of information on the subject, hearing my husband speak so much about it, and being interested naturally in his business—I do not remember hearing of these claims before the conversation I have spoken to—it made an impression on me because it was the first time I had met Mr. Dunham—when this case was brought on my husband and I talked matters over—he did not tell me the names of the claims—he asked me if I remembered the exact names—I said "No, I don't," but I remember they were birds' names—I think "Swallow" and "Eagle" were two of them; I do not remember are the others—I am supposed to have an excellent memory—Mr. Dunham simply asked what had been done about the claims—he did not ask what price had been obtained, or when they had been sold, or why he had not been told.
GUILTY. Recommended to mercy by the Jury on the ground that no one was' actually a loser by the fraud. Three months' imprisonment each in the Second Division.
586. JOHN BARNETT WHIELDON (35) PLEADED GUILTY to forging and uttering a deed purporting to be a deed of conveyance of realty from Herbert Freeman to the said J. B. Whieldon, with intent to defraud. Four years' penal servitude.
THIRD COURT—Wednesday, July 27th, 1904.
Before Mr. Common Serjeant.
DR. COUNSELL Prosecuted; MR. PURCELL Defended.
FRANCIS ARTHUR HICKLIXG . I am usher at the Shoreditch County Court—on June 2nd and 7th I saw the prisoner there in an action brought by him against A. Keil—this is the summons—the amount claimed is £2 7s. fid. for goods sold and delivered—I administered the oath to the prisoner on both days—on the 2nd the case was adjourned for the attendance of Adam Keil—both father and son attended on the 7th—on June 2nd the prisoner swore that Adam Keil had gone to his premises on March 3rd and ordered some goods himself—the defence was a denial o" any knowledge of the goods by the Keils—on the 7th the prisoner—repeated his statement in the presence of Adam Keil, who was then in Court with his wife Catherine—I cannot remember if William Keil,"another son, was present—judgment was given against Adam Keil for the amount claimed—the second paper produced is the notice of the trial of the action on June 2nd. and the third, a notice of judgment for £4 19s. 6d. the amount claimed was £2 7s. 6d., and the costs.
Cross-examined. The matter first came before the Registrar, and young Keil appeared, when, I believe, the prisoner said, "That is not the man I am suing"—the notice of defence is signed by Arthur Keil—when the father came the prisoner said, "That is the man who ordered
the goods—both father and son then denied knowing anything about the goods—I did not hear them say. "Oh, yes, the goods did come to our place, but they were for Wilson."
ADAM KEIL . I am a cabinet maker of 36, Columbia Road, Hackney—I remember being at the Shoreditch County Court on June 7th, on the adjourned hearing of a summons against me for £2 7s. (id. for goods sold and delivered by the prisoner—I never had the goods—I heard the prisoner examined while I was in Court, and when he said that I went to his premises on March 3rd and ordered the goods—I had not been to his premises on March 3rd and ordered goods—I was then ill in bed—I had been ill for three weeks—I was in bed from the last week in February till after March 3rd, about four days—for three weeks I was upstairs—I know nothing of the delivery of any goods on March 3rd—oh. a chest of drawers—I cannot say—I knew on March 7th of a chest of drawers and two stands—I have two sons, Arthur and "William—a man named Robert "Wilson has been in my employment between thirteen and fourteen years—he bought goods for himself and finished them on my premises when I was short of work for him.
Cross-examined. I do not know who the chest and stands were for—when I was at the County Court I did not know that they were ordered by Wilson—he was constantly at my place of business—I knew my firm was summoned—I never asked what it was about—I never told the County Court Registrar the goods were for Wilson—the prisoner had difficulty in getting payment from me last year—he had to take payment by instalments—he told me I should have no more goods unless I paid for them—I am certain I was laid up with gout on March 3rd—I do not keep a diary—I sold Marsh, a tailor in the Edgware Road, a chest of drawers and some stands in March—this receipt of March 5th is my writing—the goods were sent—I sent this receipted invoice by the boy—Marsh has been my customer for some time—I did not go to the prisoner's place on March 3rd and order these goods—the prisoner lives in Hassard Street, Hackney Road, about five minutes' walk from my place—the prisoner was not in the middle room when I ordered the goods—I never went to his place—I was not there—he did not describe the goods—nothing of that kind took place—he did not bring the goods to my place that evening—I did not receive them.
ARTHUR KEIL . I am the son of Adam Keil—I remember the summons issued by the prisoner—I attended the County Court on that summons on June 2nd—I heard the prisoner swear that my father went to his shop on March 3rd and ordered goods—the case was adjourned for my father's attendance—I attended the court with my father on June 7th, when the—prisoner repeated on oath that my father had attended his premises and ordered the goods on March 3rd—my father was then ill in bed—he was in bed on and off for about three weeks, but on March. 3rd he was in bed, and about that time for three or four days, if not longer; from the beginning of March to the 5th, 6th, or 7th, something like that continuously—he was confined to the house about three weeks—I remember the goods coming on March 3rd—I had not ordered them—my father
was not present—they came about 8.30 to 8.45 p.m.—Wilson had left between 7 and 8 p.m.—he was in our employment on and off—he told me about the goods—he had been expecting them that day—they came to our place because Wilson had no convenience in his own private place, and father gave him the privilege of finishing the stuff in the shop—Wilson sold them—he ordered them for himself—I do not know anything about his paying for them—I had difficulties with the. prisoner last year—he would not supply me with goods except for cash.
Cross-examined. I heard of the chests and stands coming on March 3rd—Wilson did not give 7s. 6d. in part payment of these goods—I swore that before the Magistrate—that is true, but it was not on March 3rd—I should say it was four or five days afterwards—I knew the goods had come for Wilson—I did not know at the County Court that I was sued for those identical goods—I did not know what we were being sued for—I said so, or something similar—I appealed to the Registrar—I did not mention Wilson's name—I cross-examined the prisoner's witness—I had no opportunity of telling the Registrar all these goods were for Wilson—Wilson's name was mentioned at the Shoreditch County Court on the application for a new trial on the third occasion—before that I stated the goods were for other parties—the Registrar said, "Have you not any further evidence; the evidence is against you, and I must decide against you"—I said, "Very well;" if that is so, I must give notice of appeal," which I did—I last saw Marsh on Friday evening—I never mentioned Wilson, because the question was not asked—I swore before the Magistrate, "I did not swear that we had never received them'-'—I asked Marsh on Friday to be good enough to give me the bill when I had the 3 ft. 6 in. pair of toilets, so as to trace the date, to prove that we had had a transaction with the prisoner after March 3rd, for which he received his money—it was not to show there was nothing owing by me, but that the prisoner never asked for these goods on March 3rd—when I was asked I stated the goods had gone to Marsh—he produced nothing—he declined—I offered to give him a duplicate receipt if he would produce the original—he produced a bundle of receipts—he asked me what the bother was—I did not beg Marsh not to produce the receipt—I did not say, "Lose it"—Marsh did not reply, "Do you think I can suppress a paper, and swear on oath that I have produced all the papers?"—I did not say, "Yes, or if not it will get my old man into trouble, and he will have to go to prison"—I did not ask Marsh to suppress the receipt of March 5th—I did not follow him about the place almost crying—he did not tell me, "As you have done such a wicked, detestable thing as charging this man Sekoltsky with perjury, you had better go and offer him £10 to settle the matter"—I did not reply, "I have not got £10"—he did not say, "Sell your horse and cart if necessary"—if it had been said I should not have forgotten it—I do not admit they were the goods sold me by the prisoner on March 3rd.
Re-examined: I went to Marsh on Friday last to get the original hill of March 19th, to prove that the transaction with the prisoner related to a pair of toilets—T saw the receipt—I sold him goods that day amount-ing
to about £4—the toilets came from the prisoner, the other goods are our own manufacture—I paid for the goods on delivery.
ROBERT WILSON . I live at 2, Gascoyne Place, Columbia Road—I have been in Adam Kiel's employment about fourteen years—I have dealt with the prisoner—my last transaction was on March 3rd, when I bought from him a dressing chest of drawers, an elliptic stand, and a top box for £7 Us. at his place—Adam Keil was not present—I did not say 1 bought them for him—I know he was in bed that day—they were to be sent to Keil's—T had had two transactions with the prisoner, about September and October—those goods were sent to Keil's on approbation—I paid for them—the prisoner applied for payment—I had the privilege of finishing furniture at Keil's—I was not at Keil's when the furniture was delivered on March 3rd—I had left about 8 o'clock—the furniture had been promised within an hour of the order in the morning, about nine.
Cross-examined. I heard about the Keils being summoned to the County Court, and I was asked to go there by Arthur Keil—I was to say the goods were mine—they were mine—I do not know the name of the cus-tomer I bought them for, nor where he lives, if I did not take them—I said I finished them at Keil's—I gave them to them to take home—I took the order at Gascoyne Place in February, where the customer's lady came to see her relations—my landlord introduced the customer, a Mr. Hall—he was to pay.'Jos. for the chest and 13s. for the stand—he is dead—I have been employed by Keils for fourteen years—I have lived in the house ten years—Marsh took me as one of the family—I ordered the goods, and gave Arthur Keil 7s. 6d. in part payment.
WILLIAM KEIL . I am the son of Adam Keil and the brother of Arthur Keil—on March 3rd my father was in bed—he was in bed for about a fort-night in February and a week in March; he never went outside the door—my brother bought a pair of toilets on March 14th or 13th from the prisoner—I was in the shop when they were delivered—they were sold to Marsh, I believe, on March 10th—the prisoner was paid the same day he delivered them—I saw money pass—we have books; I do not know that we book everything down.
Cross-examined. I knew father was sued for the goods—I had nothing to do with them—Wilson came to our place when he was about fourteen, and as an orphan, he had lived with the family about ten years—he was known as Keils amongst the chaps—he never passed as Keils—he may have signed his name "R. Kiel" when he went home with the work, but my nephew, the son of Arthur Keil, generally goes home with the work—I do not know that Wilson passes as the nephew of Adam Keil.
CATHERINE KKIL . I am the wife of Adam Keil, and the mother of Arthur and William Keil—my husband was in bed on March 3rd—he had been ill of! and on in February, and could not get out that day—he was bad with the gout—he could get out of bed on March 4th, and sit up on March 5th in the bedroom—altogether, he was confined to the house about three weeks—Wilson is not a relative.
Cross-examined. My attention was first called to where ray husband
was on March 3rd in Jan—Winson has been with us thirteen or fourteen years—he lived in the house ten years.
Evidence for the Defence.
FRANK MARSH . I am a furniture dealer, of 382, Edgware Road—I have dealt with the Keils since I have been in business, ten years, and ten years with my father—last Friday I had a visit from Keil's eldest son. that man (Arthur Keil) about 8 p.m.—he first asked if I would exchange a receipt of March 17th—T said no, us I was about to be sub-pcenaed—I got out my receipts and asked why he wanted to exchange one receipt for another—he said his solicitor told him to bring that receipt and take the original one away—he asked me if I had the receipt of March Tith—I looked through the packet and said I had one from Keil & Co.—I had given Adam Keil a cheque in my shop on March 5th—I can fix it by two square dressing chests in satin walnut veneer being brought—when I found that receipt of March 5th Arthur asked me to suppress it or not bring it with me; "Lose it," he said—I said no, I could not go down to the Court and swear I produced all the papers if I kept this one hack—he said, "Well, it will send the old man to prison"—I said, "What do you mean? Do you mean to say that these are the two articles in dispute?"—he said. "Yes"—I said, "I have never heard such a wicked thing before"—he pressed me again, and I said I could not do it—he followed me about in my delivery" department asking me to do it, and said, "Do not bring it down"—he was very anxious—I said, "I could not be a party to such a dastardly thing as to suppress this bill; I must bring it down"—I knew then that the prisoner was being prosecuted for perjury—I told him that after what he had said he had better go to the prisoner and offer him £10, and beg him to forgive him—he said he had not the money—I said, "You had better sell your horse and van—do anything"—I always understood that Robert Wilson was Adam Keil's nephew—I have some of his receipts signed "R. Keil," but none "R. Wilson"—I had been subpœnaed by the solicitor to produce the receipts—I told them what had happened.
Cross-examined. I have dealt with Adam Keil many years—I saw him on the Saturday, and refused to discuss the matter.
The prisoner, in his defence on oath, said that what he swore at the County Court was absolutely true, and that Adam Keil had come to his shop on March 3rd and ordered the goods.
NOT GUILTY .
The Court thought this was a case in which the papers ought to be laid before the Public Prosector.
MR. MUIR and MR. MURPHY Prosecuted.
ALFRED HILLIER (38 D.) I have known the premises 46, Tottenham Street, Tottenham Court Road, for the past three years—they have been occupied for about three months by the prisoner and his wife and kept as a brothel—I kept special observations on the premises from May 31st to June 3rd inclusive, four nights with Goodacre 333 D, from between
5 p.m. and about 2 a.m., and made these notes of my observation—on Tuesday, May 31st, I saw nine couples enter and six couples leave—by a couple I moan a man and a prostitute—some were admitted by the prisoner, some by his wife, and a few I could not see who admitted them—they remained from fifteen or twenty to thirty minutes—I knew the women as prostitutes—a few did not come out—on Tuesday one woman wont in twice with two different men—the first remained about sixteen minutes—the prisoner admitted them—the woman remained from (5.40 to 7.10—the next evening, Wednesday, June 1st, I first saw a couple enter at 7.46 p.m.—seven couples entered and left up to 1 a.m. on Thursday—the prisoner and his wife admitted them—I could not see how two of the couples gained admittance that night—on Thursday night six couples entered and five couples left between 5.20 p.m. and 1.14 a.m.—on Friday five couples entered and four left between 9.19 p.m. and 1.17 a.m.—the prisoner and his wife admitted them—the total for the four days is twenty-seven couples entered and twenty-two left—I know the women as prostitutes walking the Tottenham Court Road and Oxford Street—I found out afterwards that one woman was living in the house—I did not know the women as living in the house.
Cross-examined by the prisoner. On June 13th I walked into the passage of the house through the door with the Inspector—the outer door was ajar—I do not know who opened the inner door—we stood in the passage between the two doors—I followed the Inspector—he arrested you when you came in—there is a space of two or three feet between "the two doors—I watched the house from opposite—I could see who opened the inner door by looking through an opening, a piece of wood having been knocked out of the outer door about halfway up—from the outside I could see inside in the dark—I asked you where your wife was and you said, "Gone to Paris," and wrote a telegram to be sent to her—I arrested her the next night at the house—from information I found she was at the house, and had not been to Paris.
Re-examined. On June 13th I went over the house with Inspector Cutbush about 10.45 p.m.—we found a naked prostitute in a room which the prisoner said was his—a man was with her—I made my notes as soon as possible after the couples had gone in.
CHARLES GOODACRE (333 D.) I watched this house with Hillier on the four nights from May 31st to June 3rd—I saw twenty-seven couples enter—by a couple I mean a man and a prostitute—on May 31st I saw one woman enter twice—the women were known to me—I saw about eight couples admitted by the prisoner.
Cross-examined. You were arrested on June 13th as you came in. from the street—I followed Hillier in behind you—I did not push you in, I saw you did not go away, you evidently knew the police were in the place—I said, "I think you are wanted inside," then you walked in—from where we were then we could not see the Inspector inside.
—he walked in with the last witness about 10.45 p.m.—I read the warrant to him—he said, "Is that all? I thought it was something worse"—I went over the premises—on the ground floor was what the prisoner said he used as a workshop and a separate room; there was very little stock there—there were a few old chairs and an old mattress—on the first floor were three rooms—one the prisoner said he occupied as a bed room—one was locked—one was apparently occupied by a respectable woman—I did not go into that—the prisoner said it was not his—it is not usual to force a door in these cases—on the second floor were three rooms, one was locked—one was a bedroom occupied by a prostitute who I know and a man—one was empty—the prisoner was with me all the time—he said those rooms were not his—on the third floor were three bed rooms—two were locked—the prisoner told me they were bed rooms—in the one that was open I found a man and a prostitute—the prostitute was standing completely naked—the man was undressing—the prisoner said those were his rooms—that was while we were in the room—the prostitute said "I pay 12s. 6d. a week for the room to occupy, and I bring gentlemen here"—the prisoner shrugged his shoulders as much as to say, "lam caught"—I took him to the station—in reply to the charge he said, "Yes, that is right"—he said he had been there eight months—the following day, June 14th, I went again about 9.30 p.m. and found his wife, and in the room the prisoner said was not his on the second floor, a woman I know as a prostitute and who had been charged at Tottenham Court Road Police Station with soliciting, when the prisoner stood bail for her.
Cross-examined. I did not see the policeman push you in—you walked in quietly—you said, "I have a store room at the back"—there was very little furniture or goods—12s. 6d., to the best of my recollection, was what I said before the magistrate the woman said she paid (the deposition being referred, to, it was staled to be 12s.)—the other woman I referred to, who was respectable, said she paid rent to another gentleman—I asked you where you got a sewing machine from—the serjeant handed me a book which I handed to you to write a telegram—you wrote in French, "I am arrested, I do not know why, come at once"—that telegram was not sent, you had already sent a telegram that your wife was wanted on the warrant, no name was in the warrant, and she was never in Paris—on June 14th the gaoler did not say your wife had brought you some food—a letter was shown to the magistrate as to the condition, of your wife, as she had been under the doctor's treatment—she told me she had gone to Paris.
Re-examined. I found this book in the prisoner's bed room on June 14th—the name in it, Germane, is the name of the prostitute I found naked in the top bed room with a. young man—there are large sums mentioned in the book and names—Eugenie, a prostitute, lives in the house—the prisoner said the room was not his.
soon the prisoner nightly outside the door—I have seen him there when the women go in.
Cross-examined. You followed the couples in—I made my report on June 7th—my duty commenced on the 7th—I sent in my report in the morning after every night's watching.
ARTHUR GREEN *. I was present at Bow Street on December 5th, 1903. when the prisoner, the person named in this certificate, was convicted of keeping a brothel at 9, Vernon Place; he was fined £20 and five guineas costs.
The prisoner, in his defence, said the witnesses had made wilful mistakes against him; that he was not often at the house; that he was working in his furniture shop or taking his work home, or was at auction sales; that his wife was ill and was recommended rest by the doctor, and went to Paris, and that he had held the same situation for some years.
GUILTY **. Three months' hard labour.
FOURTH COURT.—Wednesday, July 27th, 1904.
Before A. J. Rentoul, Esq., K.C.
MR. JENKINS Prosecuted.
GUILTY . PARKER, three months in the Second Division.
SMITH, who was recommended to mercy by the Jury, one week in the Second Division.
MR. RODERICK Prosecuted.
LILY WHITAKER . I reside at No. 2, Desborough Parade, Harrow—at 12.50 p.m., on July 8th, I was in the parlour at the back of my shop, and on going into the shop I saw a man behind the counter taking some money—I asked him what he was doing—he went towards the door and I caught hold of him—he pushed me away, opened the door and went out—I saw the prisoner standing outside, and called to him to stop the man who was running away, but the prisoner allowed him to pass him and then ran after him—the man took 30s. from my till—I had never seen the prisoner before—the man I found in the shop had been in the week before.
Cross-examined by the prisoner. I picked you out at the police court by your 'hat.
By the COURT. I said I should know the man if he had his hat. on, but he refused to put it on—I recognised a hat that I saw lying on the table in the police station as the hat the prisoner was wearing at the time I was robbed.
STEWART WHITAKER . I am the son of the prosecutrix—at 12.50 p.m., on July 8th, from an exclamation my mother gave, I ran into the shop—she made a statement to me, and I ran out and saw the prisoner running—he was wearing a trilby straw hat—I ran after him and as we turned round the corner I saw another man in front of the prisoner—I followed the prisoner till I saw him get over the fence at the top of Whitehall Road—I lost sight of the other man, but only when turning round the corner did I lose sight of the prisoner—I then went back to the shop, where I saw Winterbourne—I got on to his van, and we were driving to the police station when I saw the prisoner in the Church fields coming into West Street to the police station—just outside the station I said that he was he man.
Cross-examined. I was not asked to identify you at the station—I cannot say whether you were running after the other man or not.
JAMES WINTERBOURNE . I am a butcher at Harrow—about 12.50 p.m., on July 8th, I saw a lot of people turning up Whitehall Road—I was driving a cart, and I passed them—I saw the prisoner stopping just outside the railings of the Church fields—I said to him, "What is up," he said, "Nothing; where are you going to"—he was not running after anybody—he got over the railings, gave a whistle and ran away—I saw him again when he was arrested in West Street—I picked up Stewart Whitaker and went to the station with him.
Cross-examined. I did not see you whistle—I heard you whistle and you ran away—you did not say when I asked you what was up, "I want to catch that man; a woman asked me to"—I was not there when you were identified.
By the COURT. He was standing by the rails when I saw him—he did not appear to have been running—other people were running when I saw him—I as finishing my round and going past Mrs. Whitaker's shop—I picked young Whitaker up.
HARR WARNER . I reside in St. Ann's Road, Harrow—on July 8th, at 10 a.m. I saw the prisoner with a man named Healey—I saw the prisoner. again as a man was running out of Mrs. Whitaker's shop; he was standing about ten yards away—the man who ran out of the shop was the same man I saw in the prisoner's company in the morning—after the man got a little way past him the prisoner followed him—I saw the prisoner get over defence and go along a passage just beyond.
Cross-examined. They did not ask me to identify you at the police station—am sure I saw you talking to this man in the morning because I stood a your side, I was working there—you stood just under an archway at the fop of a mews.
in West Street, Harrow, when I saw the prisoner coming through the Church fields into West Street—from information I had received I went up to him and said, "I am a police officer, and I shall take you to the station on suspicion that you, in company with another man, have stolen some money from a till in a shop"—he replied, "All right"—when charged he did not give his address, nor did he say he was running after the thief.
Cross-examined. You offered no information about yourself.
The—prisoner, in his defence on oath, said that he went to Healey's at 2, Tyburn Lane, Harrow, about a situation, but found that he was out; that he was standing outside the prosecutrix's shop when a man rushed out; that the prosecutrix asked him to catch him, and he followed him, but would not catch him, that he was arrested at West Street, and on being put up for identification a constable had said to the prosecutrix, "That is the man with the straw hat "; that at the police court the magistrate made him put his hat on, and then asked Mrs. Whitaker if he were the man, and she said, "I do not think so," and that he did not know that Healey had absconded.
GUILTY . He then
PLEADED GUILTY to a conviction of felony at Rom-ford Petty Sessions, on August 13th, 1003. Two months' hard labour.
OLD COURT.—Thursday, July 28th, 1904.
Before Mr. Justice Ridley.
DOUGLAS LIONEL WALL . I am a registered medical practitioner and house surgeon to the Hartlepool Union Hospital—I saw Alfre. Garrard Falshire on July 23rd at the hospital—he was suffering from aute rheumatism—he was in bed—I made a careful examination of him—his temperature was 1015, which would indicate fever—I saw him again on Sunday morning, when I made a further examination—his condition was practically the same, the fever still continued—I saw him again on the 25th—he was then improving slightly—it is absolutely out of the question that he could be here to-day to give evidence—his liability to be here arises from his illness—I examined his wounds—there vas a scar on the left side of his neck, almost immediately behind his ollar bone, just over 2 in. long, crescentic in shape, and about in. wide—here were marks showing that it had been stitched—there were marks of free stitches—I think it was fairly clear that it had been a punctured would, and not an incised wound—it could have been inflicted with a knie—he had two wounds on the outer aspect of his left upper arm—they were rather smaller in size, and had also been stitched—they could have been caused by a knife—I examined his hands—he had two very small scaron his left hand—his present illness, in my opinion, is in no way due to the wounds.
Police Court when Falshire gave his evidence—the prisoner was charged with wounding with intent to murder—Falshire's evidence was taken down in the presence of the prisoner, who cross-examined the witness—the deposition purports to be signed by the learned Magistrate—(Falshire's deposition read): "On May 25th last, about noon, we were at Carupano when the prisoner came to me and said, 'What kind of a dinner are you giving me to-day?. I have no jam and milk with my pudding. 'I said, 'I will go and see the cook about it.' I said, 'The pudding is made with milk, and I gave you a pound of jam yesterday.' Prisoner said, 'I will fight you to-day.' I came out of the pantry and went towards the galley. I met prisoner in a rage with his fists clenched. He said, 'I will fight you or any man in the ship.' He struck me on the head with his fist, and was about to repeat it when I knocked him down. He got hold of my legs and pulled me on top of him. He seized me by my collar and I struck him in the face. He was then pulled off me. I spoke to the cook about the pudding. Prisoner was feeling in his pockets and saying, 'Where is my gun? I will shoot the b——.' I went back to the cabin and laid the dinner, and then again met the prisoner on the deck. He said, 'I will kill you to-day or you will kill me.' He raised his right hand with the open knife (Produced) which I know to be his, in it. He struck at my head, but I dodged and received "it on the left side of my neck, causing a large wound, which bled. He struck again at me, and cut my hand between my thumb and finger, and struck again at me. I slung a dish I was carrying at him, striking his head. I tried to get away aft, but he caught me by the braces and gave me a severe wound on my felt arm with the knife. It bled profusely. I then ran into the cabin and got my wounds seen to. I was very weak from loss of blood. Prisoner came to the top of the stairs and said, 'Where is the mate and the steward? I will kill one of then.' A doctor stitched up my wounds. I suffered some time, but they are now healed. Prisoner and I had been four voyages together and had no quarrel.
Cross-examined by the prisoner. I heard you had animosity towards me. I have seen you just as excited before. You knocked the cook down last voyage. I saw you do it. Certainly you were in your senses on May 25th."
ALBERT PIERRE . I am cook on the British steamer "Turquoise"—the prisoner is boatswain—on May 25th we were at Carupano, Venezuela—I saw the prisoner on that day at noon—I was in the galley—I gave him his dinner, and he went along with it—he came back and said, "What do you call this pudding? Where is the steward?" I said, "The steward is aft"—he went aft—about twenty minutes afterwards I heard a running on deck—I came out of the galley and went on deck—I saw the steward was down and the prisoner on top—me and the chief officer Norman separated them—the prisoner was feeling in his pocket and asking for his gun—he did not find his gun, but found the key of the store room—the boatswain of a ship always carries it—he opened the store room and took an iron bar or bolt out—the mate and I took it from him, and I went back to the galley—the prisoner went forward—I saw him after about fifteen minutes dressed up, and he had this open knife (Produced)
in his hand—he was coming aft—I sent to tell the steward to be careful—the prisoner met the steward and said, "Now what have you to say for yourself. If you are a better man than me we will have it out"—the steward was carrying a soup tureen and a meat dish—the prisoner fired the first cut with the knife into the steward's neck; the steward took the meat dish and commenced to defend himself; after he had done so the dish broke; then he tried to make his escape to run aft; the prisoner held him by his braces and commenced to stab him in the arm—I tried to part them, and took the steward away—I did not see the prisoner do anything more with the knife, because he had not time—I took the steward down into the cabin and left him in charge of the chief officer—I went back to the galley, and see the prisoner holding the chief engineer by the neck of his shirt—I put my hand into the prisoner's right coat pocket and took the knife away—he was then secured.
Cross-examined. I have been with you on a ship before, and have worked with you on shore—I never knew you to be in the same way as you were on this day—I cannot account for your state—when I went to get my water in the morning you were sitting down splicing—you would not be a seaman if you did not have a knife for your work—I do not recollect how long you were on the job—another sailor was with you—I do not know if the chief officer was there—I had my work to attend to. and I could not spare time to look at you—after you had eaten your dinner you wanted to see the steward—you were then dressed in your working clothes—the stabbing took place after you had dressed up—I never knew you to have a row with anybody on board ship—I do not know if you had any animosity against the steward—a man can speak and laugh with another one minute, and the next kill him—in your leisure hours you have often taken your instrument and gone forward with the steward—I do not know if it was your intention to kill him—I never saw you so much excited before.
By the COURT. The prisoner comes from the West Indies—I belong to Martinique.
Re-examined. I saw the prisoner splicing a rope about 10 a.m.—he had no knife in his hand when I saw him with the bolt—after that he went forward and changed into his better clothes.
By the COURT. There was nothing the matter with the pudding that day—it was a sago pudding, and was composed of milk, sugar, eggs, spice, and a little butter—it was the same that went aft for the captnin and the engineers—the sailors do not get any pudding, but the prisoner would have some, being boatswain.
HENRY GILBERT NORMAN . I am the first mate on the steamship "Turquoise," and was in charge of her on the morning of May 25th—the captain was on shore—about 12.10 or 12.15 I saw the prisoner on the main deck fighting with the steward—he was on top of the steward with his hands round his throat—I did not notice that the prisoner was saying anything—I separated them—the prisoner said, "Where is my gun?"—he felt in his pocket and took out a key—he rushed to the store room, unlocked the door, snatched up a bolt and said, "This is my
gun, I will do for the b——now"—I took hold of him and the cook snatched the bolt from him—I sent the prisoner forward—about ten or twenty minutes afterwards he came up on the poop and wanted to sec the captain—I said he could not see him, as the captain was on shore—I told him to go forward again—he refused duty—he went away—about ten or fifteen minutes afterwards I saw him on the main deck chasing the steward with a knife in his hand and stabbing at him—he bit the steward in the left arm—he overtook him after chasing him a short distance, and caught him by the braces and held him—I seized the prisoner with the assistance of the cook, and sent for a doctor—I was told the steward was bleeding to death, and I ran down to attend to his wounds—while I was below the prisoner broke away from the men on deck, and came down stairs and shouted, "Where is that b——mate and steward? I will kill them to-day"—I went on deck and found that the prisoner was being restrained by the crew—when he said he wanted to see the captain he was in his plain clothes, and had cleaned himself ready to go ashore.
Cross-examined. You had a cap on and were dressed the same as you are now—there was no blood about your face—I think you wounded yourself—I think I saw the knife strike the stanchion and then hit you—I did not see the steward using a soup tureen or broken dish—he told me he defended himself with something of that kind—I saw you striking him—I spoke to you about your work at 11.50—you were all right then—I do not recollect what you said when I spoke to you—you could not do your work without a knife—you had nearly finished your work—I said it was all right—I was satisfied with it.
FRANCIS ANSTEY . I am captain of the British ship "Turquoise," and produce the certificate of her registration—on May 20th we were at Carupano—I was on shore on that day—I saw the prisoner about one o'clock ashore—I received a communication before seeing him—I asked him why he had been fighting on board the ship and using a knife—he said he had had a quarrel with the steward over the food—I told him to keep the other side of the road, and I walked along with the agent towards the pier—I asked the prisoner if he had been drinking, and he said he had not taken anything but a sup—I left him in charge of the Customs officer—I took a doctor on board to dress the steward's wounds—I saw him dressing the wounds—there was one in the arm—I saw the doctor undressing it because the mate had dressed it to stop the bleeding—the doctor put his finger in and pulled out the congealed blood—next day he put in about five stitches—there were three small arteries cut through—I could see the small arteries pumping and the blood spurting out—he had several small cuts on his left hand—the prisoner had a cut on his forehead, and another on the side of his head—it appeared to have been caused by the steward throwing a dish—the prisoner was brought on board on the 27th—I made an entry in the official log and read it to the prisoner on the 28th—we sailed on the evening of the 27th—when we reached England the prisoner was handed over to the police.
KEMP (Police Inspector.) I, arrested the prisoner—I told
him the charge—he said, "Yes, I have already had the charge told me. I asked to be brought to this country to be dealt with"—he was formally charged at the station—he made no reply.
Cross-examined. You may have asked me to take care of the place where you lived when it was cleared out.
The prisoner, in his defence, said that a few years ago he had sunstroke. and after that a severe fever, which he continually suffered front up to 1900. that he believed that was the cause of his committing himself in this way, as he had no animosity against the prosecutor; that, while he was doing his work he felt quite sensible, but all at once a sort of darkness came over him, and he remembered nothing of what happened afterwards until he found himself in a boat, going ashore, when he was told what had happened; and that he had not been drinking.
GUILTY on the second count.
He received a good character. Nine months' hard labour.
THIRD COURT.—Thursday, July 28th, 1904.
Before Mr. Common Serjeant.
MR. LYNE Prosecuted; DR. COUNSEL Defended.
FREDERICK ROBERTS . I am a labourer, of 8, John's Place, Lever Street—on the 7th inst. I was in York Road, near Lever Street, about 7.55 p.m.—the prisoner shouted and asked me if I wanted to fight.—as I was taking off my coat he pulled a pistol out of his pocket and fired—he hit me on the breast—I went to the hospital—I had no pistol.
Cross-examined. This happened just outside Pickford's gate, as I was going past it with another boy—I saw the prisoner about two months before—he was not stopping a thief from taking a case of wine—I did not see him two weeks before this—I was then in prison for disorderly conduct, not hooliganism—a lot of boys came for us—I was charged with fighting—I was sent to prison for a month—I injured no one—there were three of us—two were sent to prison—the third did not get caught—I did not know of a grudge against the prisoner for having stopped a gang from taking a case of wine from Pickford's van, or "nicking it"—I never heard him threaten me—I have no employment—I live at Lever Street, St. Luke's—I came out of prison a week before I got shot—I did not make a kick at the prisoner some time before this happened—after kicking him I did not shout to other boys to come and attack him—I did not strike him on his chest, nor kick him on his right side, and leave him on the ground—I was in prison then—I did not see the prisoner come out of the yard, he called me over to him—I was just going past—the boy with me was Daniel Crowley—he is nor here because I cannot find him—he is a boy I knew—I came out of the hospital yesterday—I did not see Pickford's boys run at the prisoner as he came out of the gate—I did not then call out to
him—he did not cry, Ain't you given me enough '.—I did not say, "No, we will break your neck before we have done with you"—I did not try to strike him—he did not walk on without minding me—he stopped there—I did not call out, "Give me that shooter"—I did not point a revolver at him—I only saw the one he had.
Re-examined. I was an in-patient at St. Bartholomew's Hospital till yesterday—I cannot identify the pistol, he put it in his pocket too quickly.
THOMAS RATCLIFF (Sergeant E.) On July 7th I saw Roberts at the hospital, suffering from a bullet wound—the next day I arrested the prisoner at Pickford's depot, York Road—I told him who I was, and that I should arrest him for feloniously and maliciously wounding Frederick Roberts in York Road, shortly before 8 p.m.—he replied, "I shot him, if I had not he would have shot me; some of the lads told me they were waiting for me outside the gate, so I went into the stable and loaded my pistol, and went out to them and had the first go"—when subsequently charged he made no reply.
Cross-examined. I have made inquiries about the prisoner—he is employed by Pickford's, and has been some four or five years—he bears a very good character—I know that Roberts got a month for disorderly conduct on May 30th—he was liberated on June 29th—he was fined 40s. at Worship Street, or a month, and he went to prison with some other lads—Roberts made a statement Tit the hospital, but could not tell me where the boy he was with lived, or anything about him except his name.
WALTER EDWIN MEDLOCK . I live at 9, Palmerston Buildings, City Garden Row—on July 7th, about 7.45 p.m., I was gate keeper at Pickford's, York Road—I was in a van when I heard a report of firearms—looking up from my book I saw the prisoner with a pistol in his right hand—he was in the centre of the road and directly opposite the gate—I saw that he had injured Roberts, who was in the centre of the road, and who put his hand to his chest—he also had a pistol in his right hand.
Cross-examined. I had known the prisoner since working at Pickford's, eighteen or nineteen months—he bears a good character, and is a very civil boy—I did not know he had been attacked till after this affair—Roberts afterwards threw the pistol down—some boys came up and wanted to get at the prisoner—that was after he threw the pistol down—the boys wanted to get into the yard as he had shot one of their pals.
HENRY BAKER . I live at 34, Chatham Avenue, and work at Pickford's—on the 7th I was in the yard about 9.30—the prisoner came to me' and said, "Dan, I have thrown the pistol in the sheet room, will you pet it and mind it for me?"—I went into the sheet room on the 8th, about 12.15, and got it—the foreman of our yard asked me for the pistol, and I went home and fetched it—this is it (Produced),
Cross-examined. I do not know of any previous attack being made on the prisoner—I have been at Pickford's five years.
HENRY NEVILLE ROBERTS . I am house surgeon at St. Bartholomew's Hospital—I recollect Roberts being admitted on July 7th, shortly after 8 p.m.—there was a certain amount of blood about his waistcoat, and he
had a small wound above the left collar bone—I have not found the bullet—he has it still in him—he was discharged from the hospital yester-day—he was not at any time in danger.
The prisoner, in his defence on oath, said (hat he only defended himself against a gang who were continually assaulting him, as he had prevented a case being stolen, and they had a grudge against him, and threatened him.
Evidence for the Defence.
CHARLKS PARSONS . I am a van guard in Pickford's employment with carman Haggis—I remember the prisoner, about 6 p.m. one evening, being stopped by some boys, who said, "You are one who stopped us from nicking a case of wine—he said, "No, I am not"—one went to hit him with a belt, and as he dodged down he got a kick in the mouth.
NOT GUILTY .
MR. C. W. MATHEWS and MR. H. WARDE Prosecuted; Mr. C. F. Gill, K.C. and Mr. Attexborough Defended.
JOHN MARTIN (Inspector N.) I authorised the arrest of Shillum, charged him, and caused a statement to be taken, and then obtained a warrant and searched Perry's premises at 214, Lower Clapton Road, where he carries on the business of a pawnbroker—I found him in the shop with three others behind the counter—I said to him, "Is your name Walter Perry?"—he replied, "Yes"—I said, "Are you the owner of this shop?"—he said, "Yes"—I said, "Are you responsible for everything that happens here?"—he said, "Yes"—then I told him I was a police officer—I said, "These are my officers"—I think there were two or three with me—I said, "I am going to search your shop for some silk"—I went upstairs—the prisoner followed, and said, "I will give you all the assistance I can"—I went to the second floor, and there, assisted by a warehouse boy, I found sixty-five parcels in one rack in the store room—a duplicate ticket was on each parcel bearing the name of Shillum—I then went downstairs and was handed seven other parcels of silk with duplicates, with the name and address of Shillum—Perry was with me—Wallace, who assisted me, said, "Here is a file"—I looked on it and saw forty-three or forty-seven pawntickets, duplicates of the originals on the parcels—the duplicate should be received by the pawner—the addresses were not all the same—seventeen related to underclothing in the name of Chillum, that is child's clothing and female clothing, and seventeen others in different names of Brown, Smith and Robinson, and anything of that kind—I told Perry I should charge him with receiving the property well knowing it to have been stolen—he answered, "If I have to go, it will be very inconvenient, I am in charge of the shop and responsible for everything; I did not know the property was stolen, as I had known Chillum since he was a boy"—I should think Chillum is ton years older than Perry—I took him and the property to the police station
at Stoke Newington, where the property was identified by Stephens, Mr. Simon's manager, as coming from his shop—Shillum, who was there, said, "Yes, I stole all those"—Perry said nothing—when he was charged he said. "I did not know they were stolen"—Shillum said, "Those wrappers are not mine"—Perry said, "No, they are my wrappers, I wrapped the silk up in them"—there were altogether about seventy duplicates—this is the silk (Produced),
Cross-examined. I was in plain clothes—I know that Perry's father and uncle were pawnbrokers some years ago—afterwards the business was carried on in the name of Perry—I have ascertained that his uncle died—his father retired, and Perry was carrying on the business in the Clapton Road—I cannot say that there are 7,000 pledges in the ware-house, or 4,000 to 5,000 pledges, but I should say there are a great many, probably many thousands—after things are taken in pledge they are distributed in different parts of the warehouse—then they are booked—I took the book away with me—when the article pawned has no wrapper the pawnbroker provides one for a penny—everything should be wrapped up to prevent moth getting at it—Perry said, "I have known Shillum since he was a boy"—Shillum's family lived in the Cassland Road, and were in the habit of pledging things with Perry, I believe.
Re-examined. I find the 16 yards were one parcel pawned of two pieces.
GEORGE WALLACE (Inspector J.) I went with the other officers to search the prisoner's premises—on going behind the counter I found this bill file hanging to a doorpost between the shop and the shop parlour—it contained 118 pawnbroker's duplicates, forty-three of which relate to parcels of silk taken possession of by the police, all in the name of Shillum; thirty-seven relate to articles of clothing, twenty-seven in the name of Shillum, the others in different names—there were different addresses to the name of Shillum: London Road, Lea Bridge Road, Church Road, and names of other roads I cannot understand—this one looks like 16, Pent Road—roughly, there are about six to nine different addresses on the duplicates—I do not see Inver Road among them—they cover a period of about twelve months—in the back parlour I found this duplicate for a remnant of silk in the name of Ann Shillum (The tickets were produced).
Cross-examined. Martin appeared to know where the silk was—he made his way to the back room—a good many tickets were in other names.
EDWARD NEW (Sergeant N.) I have been through these tickets—they range from May 29th, 1903, to June 2nd 1904, about eighty-five pledgings—I found these parcels of silk were entered in the books—the silk ranges from £2 yards to 16 yards—there was lent on one piece of 10 yards 6s., on another of 6 yards 4s., on others 11s. 3d., 9s., and 3s.—the tickets for wearing apparel are identical in date to the pledgings of silk in about sixty-two instances—I get that from the books—that would make 124 duplicates—the duplicates relate not only to the wearing apparel of Shillum, but also of his wife and children.
Cross-examined. Looking at the books, I found there had been
pledgings by the Shillum family over a considerable space of time—I should say the pledgings there amounted to 4,000 or 3,000—during 1904 there were twenty-seven pledgings of remnants—the remnant is described on the duplicate "R.T.," except in the 16 yards.
Re-examined. The 16 yards were in two lengths—on May 27th, 1903. and on May 29th there were 10 yards; on June 3rd, 13 yards; June 5th, 9 1/2 yards; June 18th, 2 yards; July 1st, 7 yards—that is a period of five weeks, 57 1/2 yards, and the amount advanced 27s.—there is advanced on May 27th 5s.; on May 29th, on 10 yards, 6s.; June 23rd, on 13 yards, 6s; June 5th, on 9 1/2 yards, 5s.; June 18th, on 2 yards, 2s.; and July 1st, on 7 yards, 4s., altogether 28s.—to take another period from October 28th till November 24th, 1903, there was advanced on October 28th, on 4 yards, 3s.; November 7th. on 12 yards, 7s.; 9th, on 3 yards, 3s.; 10th, on 7 yards, 3s.; 12th, on 8 yards, 6s.; 17th, on 13 yards, 9s.; 19th, on 9 yards, 7s.; 24th, on 9 yards, 7s.; 25th, on 5 yards, 4s.; and on the 27th, on 3 yards, 3s., or 60s. in the twenty-eight days on about 80 yards of remnants—taking five weeks from April 9th to July 2nd the aggregate is about 37 yards, on which was advanced 28s.—I cannot say whether the same material was re-pledged; it is not entered in the book when things are redeemed—all the silk was found which was shown by the tickets on the file—some parcels were found with no duplicates on the file.
WILLIAM BRADLEY . In consequence of instructions received from Inspector Martin, I kept observation on 214, Lower Clapton Road, beginning on June 2nd, when I saw Shillum go to the pawnbroker's there with a parcel about 8 a.m.—he came out without the parcel—on the 3rd the same thing happened at 8.3 a.m., and on the 4th, 6th, 7th, 8th, and 9th, all about 8.a.m.—he left the shop without a parcel on those days—on the 10th I stopped him in the Clapton Road, about 300 yards from 214, when he was going in that direction, and carrying a parcel which contained some sheets and a piece of silk—the silk was under the sheets—they have been separated—these are the separated parcels—I spoke to him—he gave an explanation which was not satisfactory, in consequence of which I took him to the police station, where that morning he made a statement to Detective-Sergeant New—I have examined the tickets, and find different addresses upon them, but in the name of Shillum—I have been to those addresses, and find that no such person has been known there during the past eighteen months—he has lived at 14, Inver Road, Clapton, about 300 yards from the pawnbroker's.
Cross-examined. I had assistance when I was watching—after the pawnings I saw Shillum give money to his boy to buy a joint of meat or something of that kind.
STEPHEN CROOKSHANKS (Policeman J.) I assisted in the arrest of Shillum—the same day I searched his rooms at 14, Inver Road—I found various pieces of silk and this pawn-ticket—these are the remnants of silk produced.
Cross-examined. I saw Shillum with parcels on each morning—one was in brown paper and with string—I saw him afterwards give money to his boy to buy meat.
HENRY JOSEPH STEPHENS . I am manager to Mr. George Simon, trading as Simon & Co., blouse manufacturers, 27, Monkwell Street, E.C.—Shillum lias been employed there twelve years as a cutter of blouses—he gets the material from the stock room and takes it to the cutting room, cuts what he requires, and returns the remainder—the quantity required for a certain number of blouses varies according to the kind of blouse—all this silk produced I identified at the police station—it belongs to Mr. Simon—this piece is about 12 yards—the value of the silk taken is £20 to £25—the qualities of these remnants' vary—the price varies from 1s. 2d. to 1s. 8d. a yard.
Cross-examined. He was entitled to buy remnants at a shade over the wholesale price—by cutting a small quantity less for each blouse than the estimated amount he could secure a remnant in the length cut for a number of blouses—his duty was to return any quantity over to stock—cuttings are swept under the table.
PERCY CECIL PICKERING . I live at 171, High Road, South Tottenham—I have been Perry's salesman and counterman since June, 1903—I have known Shillum as a customer ever since I have been there—he came to the shop nearly every morning—Perry generally attended to him—he pledged silk and children's underclothing—I wrote most of the tickets from Perry's instructions—if there were two things they were entered on different tickets—they were passed to Shillum, and by his request put on the file—I was not present when he redeemed any silk; I saw him take out pledges on a Saturday—what they were I cannot tell—he asked for the file, which was handed him, and he took what tickets lie wanted off it.
Cross-examined. The books record every pawning—I have heard Shillum say the silk cost him more than what was offered him—that was when Perry would not lend all he asked—I have also heard Shillum speak of purchasing pieces of silk after having cut blouses—he said he had bought the silk—I heard he was a silk cutter—after twelve months, unredeemed parcels are put into stock—some are sold—some were paid for by instalment—Shillum seldom gave an address, and I put any address—it had not done quickly—there were many pledges in a day—I should think 4,000 to 5,000 a month—I was there when Perry first came.
Re-examined. Ralph Perry told me Shillum was a silk cutter—customers in a hurry would leave their tickets which were put on the file—there' was no arrangement with any other customer than Shillum to do that.
PERCY EDWARD BEDFORD . I live at 9, Elm Park Road, Leyton, and am Perry's warehouse boy—I have been employed at his shop for about eighteen months—Shillum came nearly every morning at about the same hour—sometimes he brought wearing apparel, and sometimes a piece of silk—he generally saw Walter Perry—I know the file relating to Shillum's pledges—my duty was to take the articles pledged away—the silk was put in the second floor back room—the salesman put the tickets on the parcels, and sometimes a third person employed in the shop—before that the parcels were marked—there were different places
for different articles, according to their class—there was other silk beside what Shillum pledged the particulars were taken by somebody else.
Cross-examined. My work was (the warehouse part of it—Perry only came into the warehouse to see that I was getting on with my work, and that things were in order I have been there on a Saturday when the tickets were taken oft it was generally about 4 p.m., or in the evening, when Shillum redeemed things—he would come again in the evening and ask for two or three more of the tickets—to carry on (his business there were Perry. Pickering, the salesman, an assistant named Chester, and myself.
Re-examined. When I say Shillum redeemed things, ho paid over the money—he sometimes pawned on the Saturday—he redeemed both on the Saturday afternoon and in the evening.
JAMES BKUNHAHI SHULLUM (The prisoner.) Up to the time of my arrest I was living at 11, Inver Road, Clapton, which is about ton minutes' walk from 211, Clapton Park Road—I have lived there nearly twelve years next Christmas—I was employed by Simon & Co., blouse manu-acturers, 27, Monkwell Street, as a cutter—I have been in their employment nearly fifteen years—on the morning of June 10th I was arrested in the street, when carrying a parcel containing three sheets and a remnant of silk—the sheets belonged to my wife, and the silk to Mr. Simon—I was going to pledge them at Perry's—I had been pledging on and oil for a year or so. not much more than twelve months. I should think—I can-not say that I remember the first transaction—I have always seen Perrv—when I pledged anything, I used to leave the ticket behind me, pretty nearly from the first—as far as my memory serves me, I have seen other people leave tickets to be put on the file, and I believe I asked him to do the same with mine, I am not quite sure—I mostly handed the silk pledges to Perry, who fixed the lending value when he. took them in—no question was asked me with regard to the silk—I have known Perry since we were boys—I do not think he knew I was Mr. Simon's cutter—he knew I was a cutter, but not where I was employed—no question was put to me with regard to that—I always accepted what he offered—I usually knew the value of the stuff. I cannot say did in every case—the value he offered was not anything like the real value—I redeemed some of the silk, but not very often—that would be on Saturday afternoons—I also pledged wearing apparel of my wife and children—that was through illness—I did not tell Perry that, but he knew I had illness—the quantities of silk varied—I cannot say that it was 16 yards, but I have offered some about 9 yards, probably—1s. 3d. per yard would be about the value, I think—there was no set price—I cannot say whether Perry knew my address—he was never at my house—he knew the name—I never gave an address—I usually took the silk when I had something to pledge of my own—when I first went into the shop we passed the time of day, then the parcel was undone—then I used to say what I wanted. I did not always get it, then he would say what he would give—when 1 took any of my own clothes they were put on seperate tickets, and the wearing apparel and the silk were put in separate parcels—I took them
in the same parcel, but they wore separately done up in the shop—they were ticketed—I used to see the duplicates on the parcels—the duplicate was handed to me before being put on the file, which was hung up in the shop—that wont on for some months.
Cross-examined. I had no other knowledge of Perry than as a pawn-broker—we knew each other as children—I never visited his house, nor he mine—members of my family used to pawn at the shop in the coastland Road when he was living there—that shop was kept by his uncle—it was another branch of the pawnbroking business—we were children living in the same neighbourhood—Perry and his family had no reason to suppose my relations were not respectable people—I knew Wheatley when he looked after the Cassland Road business—when Wheat leys went away Perry succeeded him—I was entitled to buy silk just a shade above the cost—besides that there were some cuttings over—I kept the remnant—I had no right to do so—we were allowed so many yards, say 5 1/2 yards a blouse, if we got it say, out of 4, and we had a dozen to cut that would leave 4 1/2 yards over, we may have to cut eight or ten dozen at once, that would run into 70 or 80 yards, it all depends on the width of the silk—that I pawned as much as 10 yards in a piece is a mistake, it must have been more than one piece—what was left I took to Perry's, it is what is termed in the trade "cabbago"—it was rolled flat, and not crumpled as this is—the pieces were folded properly so that they would not crease—if very wide it was folded in half, perhaps—I began to steal about the middle of last year—I took pretty well all of it to Perry's—I think on only two occasions have I kept it—I would redeem it and repledge it—I only sold a piece to one person—I might probably have said to Perry, "It has cost more."
Perry, in his' defence on oath, said he had no knowledge of the Shillum family except in a business way; (hat when he succeeded Whcadcy as manager of (he shop in (he Clapton Park Road he received pledges from him of wearing apparel and silk: (hat Shillum told him he was allowed to buy (he remnants very cheap, but frequently grumbled that the silk had cost him more than we would advance him on it; (ha! the fie was kept for the fawner's convenience, so that he could take off his ticket and redeem, not having taken it away, but the tickets were always shorn) to (he persons pawning before being put on the file; (hat he never instructed his assistants to put a wrong address on the tickets, but to be careful about it; that he did not know the silk teas stolen, but beliered Shillum's statement as a respectable man, that he was allowed to buy the remnants cheaply, which were the over cuttings of a number of blouses. He received an excellent character.
NOT GUILTY . SHILLUM— Ten months' hard labour.
FOURTH COURT.—Thursday, July 28th. 1901.
Before J. A. Rentoul, Esq., K.C.
597. MORRIS GOLDSCHMIDT (61) and PHILIP NORRIS PAGE (83) . Conspiring together and with Henry Goldschlug and other persons that the said Henry Goldschlug should make a false declaration under the Naturalisation Act of 1870. Second Count.—GOLDSCHMIDT, corruptly offering £3 to John McCarthy and £2 to William Hester, constables, thereby to induce them to neglect their duty.
PAGE PLEADED GUILTY .
MR. MATHEWS and MR. BODKIN Prosecuted; Mr. Nicholson Defended Goldschmidt; and MR. HERBERT Defended Page.
CHARLES BRADFORD . I am a clerk in the Registry at the Home Office—on May 2nd a memorial and declarations came to the Home Office, sent by Messrs. Smith, Fawdon & Low, asking for a certificate of naturalization—it was made by Henry Goldschlug, and stated that he was a subject of Roumania; that he was a married man without children; that his settled place of business was 219, Brunswick Buildings; that he had for over five years and within eight years past resided within the United Kingdom; that is to say, from November, 1898, to September, 1902, at 3, Rupert Street, and from September, 1902, to the present date at 219. Brunswick Buildings, making a period of five years six months altogether; that he intended to reside permanently within the United Kingdom that he sought to obtain the rights and capacities of a natural British born subject in order that he might remain and carry on his business as a tailor, and have the other rights of a British born subject—this was supported by a statutory declaration made before a Mr. Prichard, a solicitor, and was further supported by declarations signed by Aloysius Richard Fennel, Charles Graystone, John Graystone, and George Cousins. made before the same solicitor on the same day—there was also a further declaration by John Moyse—this memorial and these declarations were sent in a letter which also enclosed £3 for the fees that had to be paid—the matter was put into the hands of Sergeant Stephens to make in-quiries in the ordinary course, and on his report being found satisfactory a certificate was about to be issued when an anonymous letter came which caused us to make further inquiries, and this prosecution is the result of those inquiries.
Cross-examined by MR. NICHOLSON. I have been in the department for some considerable time, and have received a large number of applications for certificates, which are sometimes made on printed forms supplied for the purpose—in the majority of cases aliens apply for naturalization through a solicitor or other agent—I do not think Page was the agent in this instance.
Re-examined. The forms are filled in in manuscript.
ILLTYD MOLINE PRICHARD . I am a commissioner for oaths and a solicitor of 13, Queen Street—on April 29th, I went to the offices of Messrs. Smith, Fawdon & Low, solicitors, and saw there Goldschlug, Cousins, Charles and John Graystone, and Fennell—I took from each of them a declaration purporting to be signed and declarated by each (Produced)—on April 30th, at my office, I took a further declaration of John Moyse.
Cross-examined by Mr. Nicholson. I do not recollect that Gold-schmidt was there when the five people took the oath—I know he did not swear any paper or affidavit.
EDWIN LOW . I am a solicitor and member of the firm of Smith, Fawdon & Low, of 12, Bread Street, and have been in practice a great number of years—I have known Page a number of years as a surveyor—on April 26th, Goldschmidt and Page came to my office—Page said that he had a friend, Goldschlug, who wanted letters of naturalisation, and asked me for particulars—I told them I did not recollect what fees were payable, but informed them that the declarations of four householders would be required that the applicant had resided here five years, and that also inquiries would be made into his standing, and I made an appointment for the next day—Page, Goldschmidt, and Goldschlug, and I think Fennell, came next day—in the meanwhile I had made inquiries into the fees, which I ascertained were £5, and had obtained printed forms, which information and forms I gave them—I took down from Goldschlug on a printed memorial form his nationality and his position and so on, and I asked him what object he had in taking out letters of naturalisation, whereupon he informed me that he wanted it for the purposes of acquiring premises and going into business here—I filled up the memorial and the declaration, verified from the particulars he gave me, and I gave them four printed forms for householders—I also informed them that the fees would be £11—Page, Goldschmdt, and Goldschlug came the next day with four householders—the declarations of the householders were filled in by my clerk, and they independently went to Mr. Prichard, who was sitting at another table, and took the oath, after having had the declaration read over to them and saying they understood it—Goldschmidt made no declaration—they paid me £11, the fees, and afterwards I sent the declarations and memorial to the Home Office, together with £5, for which I received a receipt.
Cross-examined by MR. NICHOLSON. I had not known Goldschmidt before this transaction—Mr. Prichard had no occasion to notice if. Goldschmidt was there, as he did not make a declaration.
FREDERICK STEPHENS (Sergeant, New Scotland Yard.) On May 6th, in consequence of instructions, I went to 219, Brunswick Buildings, where I saw Goldschmidt, his wife, and Goldschlug—I told them who I was, and asked Goldschmidt how long he had known Goldschlug—he said, "I have known him a good many years. He has lived with me ever since he has been in this country here," meaning Brunswick Buildings, "and also at 3, Rupert Street"—he stated that when Goldschlug's wife was in London, they had lived together at Brunswick Buildings, and he further said that when Goldschlug had found a good place of business as a tailor, he was going to fetch back his wife from the Continent to live with him—I made other inquiries, and in consequence, I made a favourable report to the Home Office.
Cross-examined by MR. NICHOLSON. I understood that Goldschlug had worked as a tailor at Finn & Villisher—I have large experience of similar inquiries—I have never heard of a case where an officer has received gratuities for trouble taken in the course of such inquiries—it is against discipline altogether.
for twenty years—Goldschmidt with his wife and family, were lodgers of mine for three years—there was never a man named Goldschlug living with him—I do not know the name at all.
Cross-examined by Mr. Nicholson. I have a pood many tenants, and some have people living with them—it is two years ago when Goldschmidt was my lodger—I only went out to do my errands—Goldschmidt never had a lodger there—ome Roumanian people lived at the back of the house for a short time—I did not see Goldschlug charged at the police court.
Re-examined. He could not have had a lodger while I was going on my errands—they said they were Roumanians—I do not remember their names.
CHARLES GRAYSTONE . I am a postmaster at Woodford Bridge, Essex, and am Page's son-in-law—in consequence of a conversation I had with him in the middle of April I introduced him to my brother, John Gray-store, and my cousin. George Ernest Cousins—we made arrangements to meet at Messrs, Smith, Fawdon & Low's office, where I made this declaration before a Commissioner (Declaration No. 3 Produced)—it is not true—I did not know anything of Goldsrhlug—I see that it says, "From my acquaintance of the manners and mode of life of Goldschlug I confidently vouch for his loyalty and respectability"—I did not read that document when I signed it—I thought it was merely a matter of form, and I did not attach any importance to it—I got 7s. fid. for it—I very much regret my position.
JOHN GRAYSTONE . I am a school master of 7, Cambridge Terrace. Woodford Bridge—in consequence of what Page told me, I went to Messrs. Smith, Fawdon & Low's office, and made this declaration (Declaration No. 4 Produced)—I have no knowledge of Goldschlug whatever—I did not think it was serious, and I did not know what I had signed—I got 7s. 6d. from Page for signing it.
GEORGE ERNEST COUSINS . I am a clerk in the post office and live at 8. Leicester Villas, Ashford Road, Woodford—in consequence of a conversation I had with Page I went to Messrs. Smith, Fawdon & Low's office and made this declaration (Declaration No. 5 Produced)—it is not true; I had no knowledge of Goldschlug—I signed it because I had frith in Page—I got 7s. 6d. for it.
JOHN MOYSE . I am employed on the Great Eastern Railway and live at 23, Oakhurst Road, Forest Gate—I know Page, and in consequence of a conversation I had with him I went with him to a public house in Bread Street, where I saw Goldschlug—I then went to Messrs. Smith, Fawdon & Low's office, and from there to Mr. Pritchard's Office, where I made this declaration (Produced)—I their stated I had known Goldschlug for five years and six months, and that I had read his memorial, and that to my persona! knowledge he had lived at Rupert Street and Brunswick Buildings, but that is not true—I got 7s. 6d. for it.
ALOYSIUS RICHARD FENNELL . I am a clerk in the Great Eastern Railway, and live at 90, Wanstead Park Avenue, Holland Park, and I am Page's son-in-law—in consequence of what he said to me I made a statutory declaration (Declaration So. 2 Produced), which was not true—
I got 7s. 6d. for it from Page—some time after Goldschmidt called on me, saying he wanted to see Page with reference to the naturalisation of a man named Goldschlug; he said that the detectives had been some where.
JOHN MCCARTHY (Inspector, New Scotland Yard.) I received instructions to inquire into this matter on May 27th—I went to 219, Brunswick Buildings, where I found Goldschmidt had two small rooms on the fifth floor, where he lived with his wife and about five children—I said to him. "Docs Mr. Goldschlug live here"—he said, "Yes, he is my lodger"—on my inquiry he said, "No, he is out, at work, and will not be back till seven o'clock this evening"—I asked where he worked, and what he was—Goldschmidt said he was a tailor and worked for a man named Finn and another whose name I now know to be Villisher, somewhere in the Commercial Road—I asked what sort of man Goldschlug was, and he said he was a very regular man, and that he went out at 7 a.m. and came back at 7 p.m.—on my asking how long he had lived with him, he said, "For over five years," and also that he had lodged about two years there and for about four years at No. 3, Rupert Street, Commercial Road—I noticed that the arrangements as to accommodation were very limited, and on asking where Goldschlug slept he pointed to a couch that was in the kitchen—I said, "What, for five years?" and he gave a gesture of assent—I asked him if he would show me where Goldschlug was working, and he put on his hat and we went towards Commercial Road—I there left him with Sergeant Hester, and, having received previous information, I went to No. 14, Settle Street—it was about 2 p.m.—I there found Goldschlug in bed, occupying a furnished room on the ground floor—I noticed a trunk, a portmanteau and other baggage in the corner, labelled "Messageries Maritime Company Line Australie," showing they had been transported from Marseilles through Dieppe to Victoria—I persuaded Goldschlug to open the trunk and found at the top a number of photographs of scenes in the Far East, and of himself attired in a fur oat and cap and a pair of elaborately decorated Russian boots—I noticed a pair of boots in a corner of the room, which seemed to be the same as he was wearing when the photograph was taken—the photographs seemed to be recent and were taken at Tientsin—he then endeavoured to force £2 into my hands—I went off to see Mr. Villisher, of the firm of Villisher & Finn, and found him to be a small jobbing tailor; there did not seem to be a firm—I had a conversation with him, and have been to see him s-ince, but have found he has disappeared—I also saw Mrs. Manning and the five householders who swore declarations—I made a report to the Home Office. and an information was sworn at the police court—on June Kith I had obtained a warrant and went to 219, Brunswick Buildings with Hester, where we saw Goldschmidt—Goldschlug had left Settle Street directly after my visit, and I did not know where he was—I said to Goldschmidt, "I have come to see about Mr. Goldschlug's naturalisation"—he said, "Yes, I hope it will be all right now"—I then said, "I must first of all see Mr. Goldschlug"—he said he did not know where he was living, but that he would try
and find out, and fix up an appointment—I said that I was too busy to wait and must see him that day, whereupon he said he would try and find his address—we went out—at the top of Coulston Street he pressed five sovereigns into my hand, saying, "Now, Mr. McCarthy, you must make this thing all right for us," and I took the five sovereigns—he then said, "If you like to go and wait at the Three Nuns I will bring the address to you"—I noticed when we came out from Coulston Street a foreign Jew appeared to be following us, and I went off at once, so as not to raise suspicion—I waited for about half an hour at the Three Nuns, when Goldschmidt came back and gave me a piece of paper on which was written," 94 Imperial Avenue, Stoke Newington," and we went to the end of Commercial Street to take a tram there—I hung back a bit, and saw him put something into Hester's hand—as we got out of the tram I noticed this foreign Jew turn round the corner rather quickly—we went into 94, Imperial Avenue, which is a small flat in Rothschild's Buildings, and found Goldschlug was not in, but after a few minutes he came in—he seemed very pleased, and said, "It is all right now; I will get my naturalisation certificate"—I said, "Yes, everything will be all right presently"—he then proposed to have a drink, and we all went out but instead of taking them to a public house we went to a police station—I read the warrant to Goldschlug, and he said, "I do not understand"—Hester read the warrant to him in Yiddish, but as far as I know he did not make any reply—on the warrant being read to Goldschmidt he said he did understand, but made no other reply—Page came voluntarily to Scotland Yard on May 30th and made a detailed statement in writing, which was produced at the police court—he was only summoned, and appeared on the summons—Goldschlug was allowed out on a bail of £50, but he absconded, and is "now, I believe out of the country—Goldschmidt could not find a bail.
Cross-examined. I made these kind of inquiries years ago, but I do not now; as a rule they are given to a sergeant to make—the inquiries lasted me three days—the tailor to whom I went told me first that Goldschlug had worked for him, and then afterwards that he had not—I know of no actual case where an officer has received gratuities for inquiring into naturalisation cases; an officer is not allowed to receive money from a man about whom he is inquiring—I directed Hester to tell Goldschmidt that we were having a lot of trouble with the case in order that he should not be alarmed at the delays—I never told Goldschmidt that there was a difficulty about it, but I know he suspected it—I took the £5 because I knew that if I did not I should never get Goldschlug—the labels on the trunks did not bear any dates, but I could judge that they were new.
WILLIAM HESTER (Police-Sergeant). I went with Inspector McCarthy on May 27th to see Goldschmidt—I went to his house again on June 14th and saw him, when he asked me how Goldschlug's naturalisation was going on—I said, "I think it is all right; Inspector McCarthy is still making inquiries"—he said, "Well. I want to see you and Inspector McCarthy: but, remember. I want to see each of you separately. I want to make you a handsome present: but, remember, I want to see each
or you alone—alter I left he followed me a snort distance and slipped a sovereign into my hand—I gave it back to him and said, "It is all right, Mr. Goldschmidt, we will talk about that after Mr. Goldschlug gets his naturalisation certificate"—I was with McCarthy on June 16th, and when we were near the end of Coulston Street, Aldgate, I saw Goldschmidt put something into McCarthy's hand—at the corner of Coulston Street Goldschmidt went in the direction of Commercial Road, and McCarthy went towards the Three Nuns—about ten minutes afterwards Goldschmidt came up with a piece of paper with something written on it—on our way to Imperial Avenue, near Commercial Street, going down High Street, Aldgate, Goldschmidt stepped back and put two sovereigns into my hand and said, "See me to-morrow at my house at four o'clock, and I will give you more"—on June 17th, while in the police court and ready to be taken before the Magistrate, Goldschlug said to me in Goldschmidt's presence, in Yiddish, "I want to speak to you, sir. I want to tell the truth"—after cautioning him, he said, "All right; I want to tell the truth. I came here from China about two months ago. I had a little business at Port Arthur, and when the war broke out I came away. I wanted to get naturalised, as I wanted to start a public house business. I thought it was all right when I had English sureties. I am not a Roumanian, as I stated in my declaration; I am a Russian Jew. I came by a French steamer via Marseilles, but I cannot remember the name"—he told me when he came to London he saw a tailor named Villisher, living at 219, Commercial Road, E.—on June 17th I searched Goldschmidt's house and found a letter.
Cross-examined. I told him, when he offered me the sovereign, that it would be all right after Goldschlug got his certificate, to reassure him—there have been cases where officers have received gratuities for being specially expeditious, but only with the sanction of the Commissioner—I did not say when he offered me the £2 "hat is not enough"—I never told him that we were having a lot of trouble with the case—McCarthy did not tell me to tell him so—I told Goldschmidt we wanted to verify Goldschlug's residence in this country more clearly.
GUILTY on both counts. PAGE, who received a good character, discharged on his own recognisances. One previous conviction was proved against GOLDSCHMIDT. He was stated to be an associate of foreign criminals. Six months' hard Labour on each count, to run consecutively
MR. HINDE Prosecuted.
ALBERT WILLIAM GOODSON . I am a ship's cook, of Catholic House, 10, Wellclose Square, E.—between 12.10 and 12.15 p.m. on June 25th I was in Commercial Street, going towards Flower and Dean Street—I had got into a courtway, two girls being with me, when I was attacked from behind—I felt a blow on my head, my assailant putting his arm round my neck, and half choking me—I found blood coming from the back of
my head afterwards, and I missed 10s. 6d. from my right hand side trousers pocket—they had snatched at my watch and I found they had broken the chain, but they had not got my watch—I was not able to identify the man who did this, as I could not see him. neither was I able to tell what the instrument was that I was struck with—this is my hat and collar that I was wearing at the time, stained with blood (Produced).
Cross-examined by the prisoner. I did not give the women I was with any money—I cannot swear that you are the man.
JOSEPH HAYNES (63 H) On June 23rd I was on duty with Dennis in Commercial Street—I was in plain clothes—I saw the prosecutor in High Street. Whitechapel. talking to two well-known prostitutes—they went down Commercial Street and turned up Winter Street, and when they got to the corner of Flower and Dean Street and Lolesworth Street one of the women left him and came back—I noticed the prisoner and another young fellow looking at them from the other side of the road—I hid myself in a doorway, when the prosecutor went with the two women into Fashion Court—the prisoner and the other man followed them and as soon as they had got into the Court the prisoner struck the prosecutor a violent blow on the back of the head from behind with his right hand, afterwards putting his hand into the prosecutor's right hand trousers pocket—they then both ran away, and I followed the prisoner—after a short chase I caught him, and he said. "You are a bit smart guv'nor, but if mv bootlace had not come undone, you would not have caught me"—he was then taken to the police station and searched, when 10s. (6d. in silver was found in his waistcoat pocket, and 2d. in bronze in his trousers pocket—when charged he made no reply—I am sure the prisoner is the man, as I was never more than 9) yards away from him.
Cross-examined. There were only five men in the court at the time, you and your companion the prosecutor, another constable and myself.
Re-examined. The court was well lighted.
FRANK DENNIS (277 H.) On the night of June 23rd last I was in plain clothes with Haynes when I saw the prosecutor with two prostitutes in Commercial Street—I kept them under observation, and saw them go into Fashion Court—one of the women left for about ten minutes, went to the top of the Court, and came back again—I then saw the prisoner with another man follow them—the prisoner caught the prosecutor round his neck with his left arm and placed his right hand in his trousers pocket—the other man snatched at his watch chain and broke it—I do not think the women were in league with them, by the way the prisoner knocked one of them aside—I saw the prisoner strike the prosecutor—the court was sufficiently lighted for me to see who it was that struck the blow—on their running away I followed the other man, but failed to catch him—he ran in the same direction as the prisoner, whom I saw caught by Haynes.
The prisoner's statement before the Magistrate. "I am innocent. I want to call a witness about the money I had."
Maud Skellar's statement before the Magistrate was read. "The prisoner
is my young man. I was with him on the 25th of June, when we went into a public house at 11.15 p.m., and he changed half a crown. He had some more silver then. I left him at about 11.20 p.m."
The prisoner, in his defence on oath, said that on leaving his young lady he had 12s. in his pocket; that as he was coming through Fashion Court he saw three or four men running through, and that he heard one of them say. "Hurry up; we shall catch them at the corner," that he followed them and at the corner of Fashion Street was arrested.
GUILTY . He then
PLEADED GUILTY to a conviction of felony at Guildhall on May 20th, 1903. Five previous convictions were proved against him. Three months' hard labour and six strokes with the cat.
MR. METHVEN Prosecuted.
GUILTY . Discharged on his own recognisances.
MR. WRIGHT Prosecuted.
STEPHEN WILLIAM BASSETT . I am carman to Messrs. G. Jones & Co., grocers, of 115, King's Road, Chelsea—on May 4th I was at Brewer's Quay with their van and mare—the van contained ten cases of lump sugar, which I had got from the quay—the prisoner came up and said that I was wanted at the wharf, which I had just left—I went back, and found on one wanted me, and on returning the van and horse had gone—I had been gone five minutes—I saw the horse and van next morning, but the ten cases of sugar had gone—I picked the prisoner out from nine men at the Minories Police Station as the man who spoke to me.
ERNEST JONES . I am an assistant to my father, George Jones, a grocer, of 115, King's Road, Chelsea—in consequence of a communication I received from the police on May 4th, my brother went to the Minories Police Station for my father's horse and van—I value the mare at £50, the cart and harness at £25, and the sugar at £9—when the van came back it was empty.
JOSEPH ORSMAN (Detective Sergeant City.) I was at the Minories Police Station when Bassett identified the prisoner—he was placed amongst nine other men—in answer to the charge he said "All right"—there is another indictment against the prisoner for attempting to steal a horse and van, but in that case he did not succeed—the reason why the prisoner was at the police station was that he was detained there for frequenting.
The prisoner, in his defence, said that he had never seen Bassett before, and knew nothing of it.
GUILTY . Twelve months' hard labour.
MR. W. S. GREEN Prosecuted.
SIDNEY WYBORN (Serqeant E.) On July 8th I received a complaint, and on the 13th I arrested the prisoner and charged him with marrying Julia Peareey, his wife being alive—he said, "Mrs. Pearcey knew all about it. It was done by arrangement so that her little girl could be brought home from the Catholic school where she was. Her sister, who was the witness of the marriage, knew all about it. She has done this because I left her. She sent her daughter here on Sunday, and I gave her 2s. (6d. I saw Mrs. Pearcey at the gate, and she swore at me for not giving her." 3s. I admit I have married her, but it was for the sake of her child"—I took him to the Gray's Inn Road Police Station, where he subsequently made this statement: "Having heard the charge against me, I wish to make a statement giving a full history of my legal marriage with Alice Agnes Jones, and the second ceremony which I went through with Julia Pearcey at the Holborn District Registry Office on May 3rd, I married my wife at St. Thomas' Church, Hackney Road, on June 10th, about twenty-four years ago. The witnesses were my wife's mother, Louisa Jones, and a man named Rider. Both are now dead. I lived with my wife, with the exception of one or two occasions, up to about six or seven years ago. The last occasion I saw her was about two years ago. That was when my father was buried. I stopped making my wife an allowance about four years ago, as I heard she was likely to become a mother, but not by me. I first knew Julia Pearcey about twenty years ago, she was living in Northampton Row; I was living with my wife in the same street. Julia Pearcey was married at that time, and was living with her husband. I was friendly with her then, and was introduced to her by a man named Brock. The friendship continued up to the death of Mr. Pearcey, about seven years ago. After his death I used to go and see her of a Sunday evening; she was living in Baker's Row. From there she took a room in St. Alban's Buildings, Portpool Lane, which I furnished. I visited her there, and one night when it was raining she asked me to stay with her, which I did. At that time I was living away from my wife. I have told Julia Pearcey scores of times I was a married man and that my wife was living. In fact, my own children visited us whilst I was living with her at Edmonton, and they used to speak of their mother in front of us. The witnesses to my second marriage were Ellen Baxter, who is Julia Pearcey's sister, and she was fully aware I was a married man, as I had told her on several occasions. Before my marriage with Julia Pearcey, Ellen Baxter saw me privately, and said to me, 'Jim, I want you to come into the front room, as I have some very important business to speak to you about.' I said, 'What is it?' She said, 'Julia will be a better woman if you only do what I want you to do.' She said, 'Julia wants you to marry her.' I said, 'You know I can't do that, both you and her know I am a married man.' She said, 'Never mind, nobody won't know, only us. If you do this only
for her, to get her daughter home from school, she will go on all right.' I agreed to marry her on condition that she kept the matter a secret. The other witness to my second marriage was a young man who was employed at the registry office. After the conversation with Ellen Baxter, I spoke to Mrs. Pearcey about what her sister had asked me, and she asked me to marry her. I told her what a risk I was running. She said,' Never mind, nobody won't know, I cannot get my child unless I produce my marriage certificate.' I lived with Julia. Pearcey up to about five weeks ago. I went away from her then because of her drunken habits. I left her on one or two occasions before for the same reason. This statement is true."
The prisoner, in his defence, said that he had left his wife because of her bearing a child by another man; that he had married Pearcey, whom he had known for some time, for the sake of enabling her to get her daughter back from school; that she had since pawned everything in the house to get drink; and that he had left her for six weeks, and did not mean to go hack to her.
Discharged on his own recognisances in £10.
OLD COURT.—Friday and Saturday, July 29th and 30th; and Tuesday and Wednesday, August 2nd and 3rd, 1904. Before Mr. Justice Ridley.
NOT GUILTY .
The evidence is unfit for publication.
THIRD COURT.—Friday, July 29th, 1904.
Before Mr. Common Sergeant.
MR. TURNER Prosecuted; MR. HUTTON and MR. CURTIS BENNETT Defended.
JAMES MEADE . I am a chimney cleaner of 18, Arcola Street, Hackney—on August 24th, 1903, between 6 and 7 a.m., I went to my stable at the rear of the house—I missed my mare, a bridle, and a pair of reins, value about £25—I communicated with the police—I next saw the pony on June 22nd, in Pond Road, in charge of Mr. Golder, a butcher—I fetched a policeman—later in the day I saw the prisoner at the station—he said he bought it off a man who keeps a greengrocer's stall in London—later he said he bought it off a Mr. Raith, outside Barbican, from a man who came from Kingston—I have identified the pony—I have no doubt it is mine.
Cross-examined. I identify the pony by its projecting jaw bone and hunch back—it has had a knock, and has what you call an arched back—I had had it about ton months when I lost it—it was about '2 1/2 years old—the prisoner did not say, "I think I had it off the man," but "I had it"—he had not then seen it.
FRANK BRAND . I am a licensed victualler's manager, at my father's house, at the Angel. Church Street. West Ham—I sold Mr. Golder a pony that I had bought from the prisoner in February, for £19)—I have known the prisoner eighteen to twenty years.
HENRY ARNUM (Detective Sergeant G.) On June 22nd I saw the prisoner at his house—I told him I was a police officer and had come to make inquiry respecting the pony he sold the latter part of last year—he replied. "Yes, I got it of a man who had a greengrocer's stall in London, I forget where it was, he is a stout man, I gave £15 for him, I do not know the name of the street. Ted Jenkins was with me when I bought it"—I said. "Have you got the receipt?"—he replied. "I buy hundreds of horses without getting receipts for them"—I conveyed him to Dalston police station, where when he was charged he made a request to see the pony—when I showed him the pony he said, "That is the pony I bought off William Raith, a horse dealer of Kingston, I made a mistake when I said I did not know the man, it is about twelve months' ago when I bought it outside Barbican"—when subsequently charged he made no reply—I made inquiries and found Mr. Raith died three months and a fortnight before the horse was stolen.
Cross-examined. I have a mourning card of Mr. Raith (Produced)—the prisoner buys and sells horses and ponies—horses are sold and the money handed over without a receipt outside Barbican.
The prisoner, in his defence on oath, said he had bought this horse of Mr. Ralph, in January, for £15 5s., who gave him 5s. change out of £15 10s.; that he paid him for it at the Black Horse in Barbican; that he had also heard of Mr. Raith of Kingston, but he could not now find Mr. Ralph.
Evidence for the Defence.
HENRY COOPER . I am a cab proprietor of 76, Wingford Road, Barns-bury—I remember one day last year being at the Black Horse, Barbican. I think the latter end of September when the prisoner bought a pony and took it away behind his trap—the pony I have seen since I think is the same—the prisoner paid £15 10s. and received 5s. change.
Cross-examined. I have not seen the man the prisoner bought the horse off since.
CHARLES STAPLES . I am a horse dealer of 42, Winchester Street, King's Cross—I remember the prisoner buying a pony at the Black Horse, Barbican, the latter end of last September—he paid £15 10s., and received 5s. back—I identified the pony at the police station.
Cross-examined. I have attended the sales at Barbican on Tuesdays and Fridays for the last twenty-six years—I remember this transaction because I showed a brown mare to Cooper on the Monday, he bid £12 10s.—I told him I could not afford to sell it, and put it in my trap to drive from Barbican, then we adjourned to the Black Horse and transacted our business, and I saw the prisoner come in and another man follow him—there were other transactions which I did not notice—it was after Barnet Fair, which lasts three days—I have known the prisoner six or seven years.
NOT GUILTY .
Before Mr. Justice Ridley
MR. WARDE Prosecuted; Mr. Fulton Defended.
On tlie evidence of Dr. James Scott, the medical officer at Brixton Prison, the jury found that the prisoner was insane and unfit to plead to the indict-vient. To be detained during His Majesty's pleasure.
MR. HUTTON Prosecuted.
GUILTY . (See next case).
MR. HUTTON Prosecuted.
GUILTY . Eighteen months' hard labour. MIRCHA, Twelve months' hard labour.
Before Mr. Recorder.
608. DANIEL GREEN (36) , PLEADED GUILTY to feloniously and maliciously wounding Elizabeth Fenton, with intent to do her grievous bodily harm. Two convictions were proved against him. Seven years' penal servitude.
Before Mr. Common Serjeant.
609. JACOB GEORGE SCHEIMMAN *† (48), PLEADED GUILTY to obtaining by false pretences from David Jenkins and others £2 2s. 6d. and other sums, with intent to defraud, having been convicted of felony at Leicester, on February 12th, 1898. Three years' penal servitude.
Before Mr. Justice Ridley.
MR. FULTON, for the prosecution, offered no evidence.
NOT GUILTY .
MR. FULTON Prosecuted.
PATRICK HURLEY . I am the prisoner's father, and live at 3, Morris Street, Woolwich—on June 18th, between 5 and 5.30 p.m., I saw the prisoner—he was very drunk—he called me a fraud, and threw a chair at me, which hit me—we had a struggle—I did not see my wife in the room, but she called out for me to help her up—she was on the floor in the kitchen—I was in the kitchen, too—I picked her up and took her into the front room and put her into the bed—I freely forgive him, for he did not know what he was doing.
NORAH HURLEY . I live at 3, Morris Street, Woolwich, and am the prisoner's sister—on June 18th he came to our house between 5 and 5.30 p.m.—I was there—he was drunk—my father was there—the prisoner was drunk—they were arguing on religion—the prisoner took up a chair and threw it at father—I tried to make peace between them—I got the prisoner to sit down on a form—my mother was sitting in the front room—she came into the kitchen—the prisoner got up oft the form and went over to her and hit her with his open hand and threw her on her left side—I picked her up and took her into the front room—the following Wednesday she died—Dr, Berry said she contracted two or three diseases. bronchitis and congestion of the lungs—the prisoner was very drunk at the time—he did not really know what he was doing.
MICHAEL CARROL . I live at 138. High Street, Woolwich—the prisoner is my brother in law—on June 18th I was with him in the afternoon—we went to the Albion and had a drink there—we went to 3, Morris Street, between 5 and 6 p.m.—the prisoner did not then seem to be the worse for drink—his father was there—a discussion arose, and there was a quarrel and a struggle between me and the prisoner—I tried to pacify him—he put me on the floor—I did not see his mother there then—I saw her in the front room as I walked through the passage—she was lying on the floor—I do not know how she got there—after my struggle with the prisoner, the police and a doctor came.
EDWARD LYNN . I am a registered medical practitioner, of 638, Woolwich Road, Charlton—I was called to the Hurley's house on June 18th—I sow Mrs. Hurley sitting on the bedstead—I examined her—I found dislocation of the left shoulder joint—the prisoner was not present at the time—I reduced the dislocation after some time, and advised her removal to the hospital or infirmary—that was not done—I did not attend again.
SIDNEY HARWOOD (290 R.) Between 5 and 6 p.m., on June 18th. I went to Morris Street and saw the deceased lying on the bed in the front room—the prisoner was in the back kitchen—I took him into custody—he said, "If you don't get out of here there will be f——trouble"—I sent for Dr. Lynn—the prisoner was removed to the station—he was very violent—he was drunk—at the station he was charged with being drunk and disorderly and assault.
Prisoner's defence. "I never had any intention in my life to do my mother any injury. I had a few glasses of drink on the particular afternoon, and an argument cropped up between me and my father about religion. He called me a heretic, which I did not like. There was a scuffle between us. My sister caught hold of me. I turned round and saw my mother lying on the floor."
GUILTY . Six months' hard labour.
MR. HUTTON, for the prosecution, offered no evidence.
NOT GUILTY .
614. JAMES SEXTON and MARY SEXTON were again indicted for , having the care of Margaret Sexton and James Henry Sexton, did neglect them in a manner likely to cause them unnecessary suffering and injury to their health.
MR. HUTTON Prosecuted.
MARY SMITH . I now live at 77, Church Street, Deptford; formerly I lived at 58, Addey Street, Deptford—the prisoners occupied one room there—they had their five children living with them—I lived in the house with them for six months—I left on May 12th—Margaret was the oldest child;. she is thirteen—the male prisoner was not in regular work during the six months I was there—he got drunk as often as he could—his wife was worse than he was—the children were neglected—the prisoners never looked after them very much—they were sometimes left alone all day, and as often as the prisoners could do so, sometimes three or four times a week—I went up to see the boy James—he was lying on the bed—I took him some thin slices of bread and butter and a cup of tea—he said he was so ill he could not eat it—they had been alone all that day—I only know of one occasion when a doctor was attending him, and that was when the female prisoner took him to see Dr. Drakes—I do not know the date—it was after I had given the boy the food—the children were dressed very poorly—I have children of my own—the prisoners' children were not dressed as poor chilrden are, but they were insufficiently clad—they were not clean—they appeared to be suffering from cold—there was no fire in the place—they were not dirty as poor children generally are, but they were filthy—the room was always dirty—the children's heads were not clean—I saw excrement about the room on more than one occasion—sometimes the female prisoner used to clean it up and sometimes she left it—if she was off the booze she used to clean it—sometimes the smell was offensive—the prisoners were turned out in the
beginning of May—when the children were staying with Mrs. Nottage they were in a better condition—I never noticed any vermin vermin bites on them I never examined them.
Cross-examined by James Sexton. You were not working enough to get food for the children—you got some food off the parish—you never gave me any; you had no need to, I always had plenty.
Cross-examined by Mary Seaton. I do not go home at 1 a.m. from prostituting I am a respectable woman and live with my husband.
ANNIE WHEEDON . I live at 77, Church Street. Deptford, and am married—for six or seven months the prisoners lived at 58, Addey Street, which is next door to me—the children looked extremely dirty at times—they were left to themselves a great deal sometimes for hours—during the Master holidays I heard someone crying—I went to the prisoners' room the children were alone—games was lying on the bed dressed—three of the others were there—James looked extremely ill—he was the delicate one—there was no fire in the room, and I could see no food—I have given them bread and butter—they have eaten it ravenously—I have seen the prisoners come home drunk several times—I have children of my own—the prisoners' children were neglected—I allowed them to wash once at my place, and gave them soap and a towel—when they were at Mrs. Nottage's they were much better—before they went there they were hungry and dirty.
Cross-examined by James Sexton. I have only been in your house once, that was when the children were crying.
Cross-examined by Mary Sexton. I did not tell you that I would see your next child born in prison—when your children asked for a wash you were in prison doing seven days' for drunkenness and disorderly conduct.
MARIA NOTTAGE . I am the wife of Walter Nottage, of 31, Addey Street, Deptford—I have known the prisoners and their children for seven months—the children were very dirty and neglected when they were at Addey Street—they were very poorly dressed—they had not enough clothes to keep them warm—the prisoners were always in drink, and not in a condition to look after the children—I remember the eldest girl bringing the baby to me for some food—I asked her to take the children in and wash them and I kept them—she brought them on November 18th and 19th. and I kept them till May 21st—when Margaret brought the baby to me for some food in April, they all five appeared dirty and hungry—they eat the food ravenously—the male prisoner did not bring them to me—he came in after the eldest girl brought the baby, and he brought the others and asked me to keep them for one night, and he never showed up afterwards—I occupy two rooms and a kitchen—I have six children of my own—I had noticed the children about the streets—when I took them in. I understood they would be taken away next day—I had all the children for four days, and then the male prisoner took two to the workhouse—he brought them back again after one or two weeks—I had them for seven weeks altogether, with the exception of the two weeks when two of them were away—on April 27th, James was taken ill—I sent for the male prisoner—the female prisoner got an order for James for the
infirmary—the male prisoner only came to see the children twice during the seven weeks that I had them—he was not sober—when James was ill the male prisoner said, "The little b——ought to have been dead years ago"—the female prisoner only came to see the children when in drink—she came on a Sunday, and was going to whack the child as he was going to be taken to the infirmary and I stopped her—she came three times—I told her that James was ill—she said the little b——was putting it on—she gave me 4s. for the seven weeks—Margaret went out and earned a little—I had 10s., including the 4s., while the children were with me—they were cleaner than when they first came, and they had plenty to eat—I have received nothing since.
Cross-examined by Mary Sexton. You did not do your duty by the children—you did not care if they had anything.
JAMES STILES . I am the receiving wardsman at the Greenwich Union—on April 27th, in the morning, I remember seeing James Henry Sexton there—he had been admitted the previous night—the doctor saw him—he had vermin bites on him, some of them were pretty old—his head was verminous—his clothes were very offensive and verminous—the girl, Mary Sexton, was there till May 7th—I did not see her—they were taken out by the father—James died in the infirmary—he was taken out on May 7th, and came back and died there.
WILLIAM DENNISON WIGGINS . I am the assistant medical superintendent at the Greenwich Union Infirmary—I saw James Henry Sexton on April 27th after he had been admitted—he had then been bathed—his body was covered with vermin bites—he was thin, but did not appear to be suffering from any organic disease—I think his condition was chiefly due to want of food—I did not see his clothes then—he was brought to the infirmary again on May 22nd—he was unconscious and exceedingly dirty—I do not think I have seen a more filthy child—his clothes were filthy rags—he died on May 30th, partly from consumption—he was suffering from tubercular meningitis—during his illness his parents came to see him every day—they were usually under the influence of drink and in the quarrelsome stage.
Cross-examined by James Sexton. In the receiving ward you asked me to look at the boy, and I examined him.
By the COURT. The male prisoner was in the workhouse, but I believe he was kept in the receiving ward to do work there.
Cross-examined by the female prisoner. The boy had very little clothing on—I could hardly credit that he had had a bath three weeks previously.
By the COURT. The tuberculosis was probably caused by dirt, overcrowding, and want of food—if the boy had been in the workhouse he might have thrown it off.
ALFRED BELL . I am an industrial school officer under the London County Council, Greenwich Division—on May 30th I received information about some children—on May 31st I searched for them for about twelve hours—I ultimately discovered John and James Henry shut up in a water closet at the back of 31, Addey Street, Mrs. Nottage's house—that was about 10 a.m.—I had been looking for them all night—I saw they
were very much neglected—I sent for a constable and took thorn to the industrial school—they wore hidden in the water closet when it was heard that the authorities were after them.
WILLIAM CRAIG . I am the superintendent of the Camberwell remand home—on May 31st I received the three Sexton girls and the boy into the home—the girls were very dirty, their bodies and clothes ragged and verminous and the eldest girl's hair had to be cut off, it was so verminous—they were poorly nourished.
James Sexton, in his defence, said that he had not neglected his children: that when he could not get work he got bread off the parish: that he was not a drunkard: and that the witnesses had animosity against him.
Mary Sexton in her defence, said, her husband was out of work, and if they could not get food the children had to go without, as she did, and that she had pawned her things to get food for them.
GUILTY . It. was stated that there were six convictions for drunkenness against Mary Sexton, and one against. James Sexton for assault. Eighteen months' hard labour each.
ELIZABETH SURCH . I am single, and live at 4, Walton Road, Dept-ford—the prisoner is my stepfather—on June 19th, at 8.30 p.m., I went down to my mother's house, at 20, Windmill Lane—the prisoner was sitting in the kitchen—we had a few words—he called me a dirty b——, and then went out—I went out with my mother—we went home about 11.40—the prisoner came in—my mother went to put her things away. and the prisoner jumped up and hit me—I put my hand up and found I was bleeding in my neck and right arm—my young man ran down from upstairs and I do not remember any more.
Cross-examined by the prisoner. When I came back my mother handed me a glass of ale and one to my young man—I did not pick up a white handled knife and say I should like to put it through your heart—I did not pick up any knife—I did not call you a dirty b——you were talking to a man at the top of the street, but I did not abuse you then.
HORACE JAMES SILK . I am a carman, of 29, Trundley's Road, Deptford—on June 19th about 12.15 a.m., I was starting towards home—I heard screams—I see a door open on the opposite side of the street to where I was—the passage had no light in it, but I could see into the kitchen where three people were struggling—I heard a girl call out "Murder"—I ran in and saw something in a man's hand which looked like the flash of a knife—the girl ran into my arms—I did not know she was cut and I did not sec the instrument used upon her—I took her into the passage—another young man came down stairs and took her out of my arms—he fetched the prisoner out—I went into the street and the prisoner followed me—he said. "Fetch a policeman, and I will go"—he was sober.
Cross-examined. Evidently something was in your hand, or it would not have flashed—I should not know the knife again.
KALE COOPER . I am house surgeon at the Deptford Hospital—on June 19th, about 1.15 a.m., the prosecutrix was brought in suffering from loss of blood—she had a wound on her right fore arm, which had been attended to by a medical practitioner outside—it was about 4 in. long—she had another wound on her neck just over the trachea, about 1 in. long and 1 in. deep, in an oblique direction—I stitched it up—I should think they were inflicted by a sharp instrument, such as a penknife.
FRANCIS HUSSEY (334 M.) On June 19th, at 12.15 a.m., I was on duty in Windmill Lane, Deptford—I saw the prisoner and his wife, she said, "I will give him into custody. I will have him locked up"—I said, "What for?"—she said, "He has stabbed my daughter"—I said, "Where is she?"—she said, "Someone has taken her to the doctor's"—the prisoner had blood on both hands and some on his face—I asked him to accompany me to the doctor's, which he did, where I saw the prosecutrix bleeding from a severe cut on her right arm—I told the prisoner I should take him to the station—he said, "All right, sir, I will go with you"—on the way to the station he said, "They all set upon me because I have been out of work seven weeks; I expect I shall be all right for twelve months' now"—he was perfectly sober.
EDWARD EVELEY (Inspector M.) I saw the prisoner at Rotherhithe Police Station on June 19th, his hands were covered with blood, and blood was on his face and clothing—I read the statements which I had taken from the witnesses to him, and told him he would be charged with attempting to murder his step daughter, Elizabeth Surch—he commenced to make a statement—I cautioned him that anything he said would be taken down, and might be used in evidence against him (This stated that he had not called the prosecutrix names; that she had accused him of making a bother with her mother the night before; that she then took up a white handled knife, and said she would put it into his ribs; that he said, "Do so," and she said, "I have too much respect for my own life," and called him a dirty b——).
The prisoner's statement before the Magistrate. "On Saturday, about half past nine, I was sitting in the kitchen, and my step daughter and her young man came in, a lodger and his wife. She then started to abuse me, as in the statement I made to the inspector. I make the same statement now. I walked out of the house, and going' through the passage Harris said, "She is not dirty." I then stood at the top of the street, and my wife and Harris and my step daughter went in and had a glass of ale. I walked home at twenty minutes to twelve. This young woman is not living with me, she came into the kitchen where I was sitting and abused me. I told her to go away. She said, 'I shall not, you won't hit me.' Then I lost all control of myself."
The prisoner, in his defence, said that the prosecutrix said she would like to put a knife through his ribs, and picked a knife up from the table; that she put it down and picked it up a second time, and said the same thing;
that. she did it a third time; that he then took it up by the blade and said, "Do so if you wish to"; that she said, "No, you dirty——b——, I have too much respect for my own life"; that he went out, and she came up and blackguarded him; that a man on the other side of (he road said, "I thought she was a lady by her dress, but when she opens her mouth she is a beast "; that he went home and sat in the kitchen till she and her mother returned; that the prosecutrix abused him: that he told her to go away; that he was going out, but she got in front of him and would not let him; that she continued to aggravate him for about ten minutes, and he lost all control of himself and did not remember what he did.
Evidence for the defence.
EMMA BRACKNELL . I saw my daughter pick up the knife three times to you; then you gave the knife to her—she called you bad names—you went out, and she blackguarded you in the street—you walked away—Mr. Bowman said her language was disgraceful—you were in the kitchen when we came home.
GUILTY under provocation. Four months' hard labour.
Before Mr. Recorder.
616. FRED WOOD (26) , PLEADED GUILTY to stealing a bicycle, the property of William John Green; also to stealing a bicycle, the property of Harrie Humphries: also to stealing a bicycle, the property of John Read, having been convicted of felony at Clerkenwell Sessions on May 27th, 1902. Eighteen months' hard labour.
Before Mr. Common Serjeant.
FRANK BEAVIS (Police-constable R.) On July 4th I kept observation on a house in Childer Street, Deptford—about 5 p.m. I saw the prisoner come to the door—after I had gained admission to the house I said, "We are police officers; I believe your name is Botley. From information I have received I have reason to believe you have some counterfeit implements in your house, and I must arrest you for manufacturing counterfeit coin on your premises here. I have reason to believe you have a great number of coining implements in different parts of the house"—he said, "I do not know what you mean"—I said, "We are going to search your house"—this was in the passage—he said, "It is all right; I will tell you what I have been doing, I have been experimenting in making counterfeit money"—he produced this copy of the "Daily Mirror," and pointing to the article there, "How not to make counterfeit money,"' said, "I have been following up these instructions"—he took me and the sergeant who was with me to the scullery and showed us the four moulds (Produced), one for 5s., one for 2s., and two for 1s.—the moulds are for top and bottom—I told him I should take him to the
police station—he said, "It is very funny; I was afraid ever since I have been at it that I should get into trouble. I know what it means now. I do not know what my wife will do. I was a fool to start it"—I took him to the station and detained him—he made no reply to the charge of manufacturing counterfeit coin and being in possession of it—he was afterwards searched by Inspector Hailstone.
Cross-examined by the prisoner. On the evening of your arrest I was aware that you were at work—we entered the house about 5.30; you came home as near 6.10 as possible—I know that you have worked for Barnham & Co., manufacturers of plate glass, for a number of years off and on.
WILLIAM SERGEANT (Sergeant R.) I was with Beavis, and corroborate what took place on the premises—I searched the rooms after the prisoner had been taken away—in the kitchen cupboard I found a 1s. coin dated 1898 corresponding with one of the moulds for making the shilling—in various parts of the kitchen I found a pot containing melted metal, one ladle, two crucibles with metal inside, three files, a pair of scales, one jar containing quicksilver, a quantity of sand, grease, sheet copper, and white metal piping, one wax impression of a key, and a false moustache, mostly instruments used for making coin (Produced).
ARTHUR HAILSTONE (Detective Inspector R). I was with Sergeant searching these premises—I found a jar containing quicksilver, a pattern mould, a glass measure, compasses, a portion of a battery with copper wire attached, two pieces of indiarubber tubing and a blowpipe, two porous battery cells, three small crucibles containing metal, three bottles containing acids, some ammonia, and a quantity of broken moulds—in a cupboard in the passage I found a wooden box containing plaster of Paris, and in the cellar a bench fitted up, a bottle containing acid, a bottle containing gum, and a quantity of plaster of Paris and grease (Produced)—the articles look as if they had been in use a long time, except the moulds.
Cross-examined. I found no counterfeit or good money in the house—I think this mould for 1s. has been used.
ELIZABETH ELSTONE . My father, James Elstone, is landlord of 227, Childer Street, Deptford—I was present when it was let to the prisoner—he went into possession on March 14th—I have since collected the rent, 13s. a week, for the whole house, from the prisoner's sister.
Cross-examined. I understood when you took the house that you were going to let the top floor.
WILLIAM JOHN WEBSTER . I am an Inspector of Coins at His Majesty's Mint—the articles produced are used for making counterfeit coin—they are the stock in trade of a coiner—this counterfeit shilling does not correspond with one of the moulds produced—it is of the same date, but a different mould—I can tell by certain marks on the coin and on the mould if it comes from that mould—the moulds seem to have been used very slightly, just sufficiently to tinge their colour; but this one could not possibly have been used for making anything; it is not good enough, it is too low.
Cross-examined. This one has been used—the colour could not have
come from grease—the metal comes away from the mould without grease—it would cause blurred specimens—it is used after the impression is made.
The prisoner, in his defence, said that he was only experimenting; that the moulds had not been used: that he had a good character; that he was employed at the time of his arrest, by one firm, with whom he was half through a three years' agreement, after a seven years' apprenticeship, and that he hat! only acted foolishly.
GUILTY . Three years' penal servitude.
MR. LAWLESS Prosecuted; MR. ELLIOTT Defended Raybould.
DANIEL CLARK . I am works manager of A. G. Scott & Co.—I was shown this solder by the police when Raybould was arrested—he is not in my employment, but Trost and Goshawk are my carmen—I employ about 700 hands—we receive the solder in half hundredweights, and use more than a ton a day—on Saturday, June 11th, I went to Raybould's place and identified the solder as the same that we use—the average price is £65 a ton, or 65s. a hundredweight—that is what we pay.
Cross-examined by MR. ELLIOTT. We had two private marks, but they have been taken out—on two sticks in the bundle "A. G. Scott & Co." was stamped—there is plenty of solder used all over the world, but not similar to this.
Re-examined. I buy it from Farwig & Co.—this bundle has been undone and sticks taken away—it is tied up with string—I found this roughly and partially tied—Raybould put it to his ear and said, "It is a, very poor fulmin"—I saw it was bent—there are forty bundles to a ton—the number of sticks in a bundle vary—this bundle weighed 2 lbs. short of the half hundredweight—some of the sticks are thicker than others—this one weighs 10 ozs.
Cross-examined by Trost. I was not in the stores the night you were seen there.
WILLIAM JONES . I live at 15. Hanlon Street, Deptford—I have been timekeeper and storekeeper to the prosecutors during the last eleven years—the store room where the solder is kept is locked about 7 p.m. for the night, and the key handed in at the watchman's box. where it remains till I return at 8 a.m.—for some time having missed solder I reported to the works manager—the solder is kept in a box. which holds about 30 cwt.—it was kept locked—in April the losses increased—on April 12th. about 13 cwt. was in the box—that would carry the firm over the 18th—on April 13th I found the lock of the box broken when I went in the morning—oil April 10th I found hardly any in the box of the 15 cwt. that was there on the 12th, and we had to melt down scrap to carry on the business—on Friday, June."3rd, I received instructions from my superiors, and concealed myself about 8 p.m. in the store room—vans wore being loaded—Trost was in the yard—about 9.30 the door was
pushed open, and Trost came in—he looked round the store room—he had no right there—he looked at the solder box and walked out—he left the door open—Goshawk then came in and went to the solder box, and took a bundle of solder sticks from the box, similar to this bundle (Produced)—watchman Smith who should have been on duty was away ill, and there was an odd watchman there that night.
Cross-examined by Trost. The box was put in the store room about twelve months ago—I have worked for the firm since last July—I am not mistaken—there was an incandescent light from my office, you can plainly see who comes in—I saw you clearly—I have seen you several times a day during the last twelve months—Goshawk had his coat off—I am sure of that—you had your coat on.
JOHN PORTER . I am a solder manufacturer, of 28, King James Street, Southwark Bridge Road—during the past twelve months I have sold solder to P. & S. Farwig, 106, Fenchurch Street—about ten or fourteen times—the bundle produced came from my mould (Produced)—I sec the holes in the solder which the mould leaves.
Cross-examined by MR. ELLIOTT. I can swear to this mould—I have six moulds, each with its peculiar mark on one stick in 96, so that I should recognise my solder—this is iron—some have iron moulds and some marble—I have never seen other solder this shape, it is half round—I have seen similar but not the exact shape—other solder is more flat—I cannot swear that another maker may not mould like it, but not exactly that shape.
Re-examined. I speak to the length and shape—the flaws fit in these grooves in the mould, you cannot see them, but I know this mould does bring out these particular knots—one of my grooves produced that spot.
SCOTT HILLIER FARWIG . I am one of the firm of P. & S. Farwig, of 106, Fenchurch Street—since January I have supplied the prosecutors with eight tons of solder—I bought it from Porter and passed it on—I am the merchant—this is like the solder I passed on.
Cross-examined by MR. ELLIOTT. It was carted away—I have not seen it I have the receipt from Porter—all the stuff bought from Farwig is sent by Porter—it is supplied to other people—I sold it to Scott & Co.
HENRY GRANT . I am a labourer, of 33, Hanlon Street, Deptford—I am employed by the prosecutors—this (another) piece of solder came from Giles's—it is similar to what I had in the firm—I melted it down in my mould from scrap, as we had run short—five of these bars are my make.—the scrap comes from the sweepings and so on.
HERBERT GILES . I live at 168, Albert Road—I am a clerk to J. & M. Dandridge, metal merchants, 15, Church Street, Deptford—Raybould is a customer—on June 4th I purchased from him 2 qr. 3 lb. of solder, the same shape as this, at 50s. a cwt.—we labelled it and put it into stock.
Cross-examined by Mr. Elliott. I have known Raybould as a customer since May—I have been with my firm four or five years—there is nothing special about this solder except that it is run badly—it is worth, perhaps, 70s. cwt.—it would be cheap at 28s.
Church Street, Deptford, at about 2 a.m.—I told him he would be charged with others with stealing and receiving solder from Scott & Co., of Deptford—he said, "Yes, I thought as much, I did have as much as 2s. of Goshawk, on Saturday morning, out of the money he received from the bundle stolen, he gave it to me to shut my mouth. I have never had any before, but I know the other carman had"—I took him to the station—he was detained—I also went the same morning, after the arrest of Goshawk, with other officers to Raybould's, a marine store dealer's shop at 34, Redcross Street, Borough—I told him we were police officers and were making inquiries about some solder supposed to have been sold to him on Saturday last by William Goshawk—he replied in Goshawk's presence, "I know this man, I did buy a bundle. I have bought four half hundredweights from him in all, I paid him 4s. for a bundle on Saturday, and I sold it on Monday for 18s. to a man I do not know; he has called here about once a week for about nine months; this man (meaning Goshawk) has been here about four times with half hundredweights: I paid him 18s. for the first lot, and after that 14s."—I told Raybould I should search his premises—he said, "Well you won't find anything here"—I searched the premises with another officer and found the bundle produced—he said, "I will tell you the truth; it is all up with me; that is the bundle I bought from Goshawk on Saturday morning"—I conveyed him to the station—he has been in business there about nine months.
Cross-examined by Mr. Elliott. Another man is being prosecuted for receiving a large quantity of solder in the next Court.
Cross-examined by Trost. I took Goshawk to a public house after I charged him, in a cab, and with the prosecutor paid for two bottles of whisky, and gave him some coffee—I believe the prosecutor gave his wife 5s.
DANIEL CLARK (Re-examined.) I gave Goshawk a glass of bitter and paid for it, and a cup of coffee going to the station with' Raybould, and 5s. to Goshawk's wife, because I was sorry for her, as she had a baby in her arms, and is the sister of one of my foremen—I did it out of charity, not knowing there was any harm in it.
TROST. in his defence on oath, said that he was not near the store as stated, and as he had had no breakfast he accepted 2s. from Goshawk, but that he was never in Redcross Street with him; and he did not know the property was stolen.
NOT GUILTY . RAYBOULD, on the advice of his counsel, withdrew his plea and
PLEADED GUILTY .
Six months' hard labour. GOSHAWK, Five months' hard labour. (See page 900.)
Before J. A. Rentoul, Esq., K.C.
619. HENRY ROBERT SIMPSON (43) , Feloniously placing upon the South Eastern and Chatham Railway certain fish plates, with intent to endanger the safety of George Widgeon and other persons. Second count, obstructing the line to overthrow, injure, and destroy an engine, tender, and carriages.
WILLIAM GEORGE ATTERTON . I am a civil engineer in the employ of the South Eastern Railway Company, and am an associate of the Society of Engineers—I produce a plan of the line between Hither Green and Grove Park stations, which is correct.
ALFRED SABIN . I am a signalman in the employ of the South Eastern and Chatham Railway—I commenced duty at about 10 p.m. on June 25th, and at 12.30 a.m. I noticed someone on Hither Green Station, and called the attention of the watchman to him—the last up train that passed my box before the train driven by Widgeon was at 12.40 a.m.
ALFRED CORNEY . I live at 113, Farley Road, Catford, and am a watchman to Messrs. Rigby, contractors, employed on the line—I was on duty on the night of June 25th, which, as far as I remember, was rather a fine night, at 12.30 a.m.—I was standing in the 6 ft. way, when my attention was drawn by the signalman to a man coming up the No. I platform at Hither Green station—I waited till he got close to me, and then said, "Hullo, what is up?"—he said, "I am going to Grove Park," to which I replied, "Not this road at this time of the night"—I recognise the prisoner as the man—we stood talking for a few minutes, and I told him he could not go that way that time of the night, and I should have to put him off at the slip—I showed the surveyor where I put him off, and he put the spot on his plan (Indicating)—I saw him off the line, and he turned round the corner of some houses, which was 210 yards from the place where the fish plates were laid—this was about fifteen minutes before the train ran into them—the 12.40 a.m. train had passed about five minutes before—on June 29th I was taken to Grove Park station and shown a truck full of men, from whom I picked out the prisoner as the man I had seen on the 26th.
Cross-examined by the prisoner. I was standing just back on the platform when I picked you out—there were twenty-five of you in the truck—the detective sergeant told me that the truck was coming up, and I was to identify you—when it came up he did not say anything, and I pointed you out—it was then that Mr. Brotherton said, "Stand out, Simpson"—I did not take any notice of the other men in the truck—this was about 5.40 p.m.—it is true you said, on my saying you must not go that road at that time of the night, "I work for Rigby as well as you do"—I do not think I said, "Hullo, Harry," and then turn round and say to the porter, "That is Harry, one of my old mates. All right, Harry, you can go along there"—I know I told you you could not go—I did not see you before the Wednesday afterwards—I walked along in the afternoon past where you were working with some other men; and tried to pick you out, but I did not see you.
By the COURT. I saw a man go off into the copse just before I got on to bank on the night of the 26th, but I could not spot who he was—the prisoner, when we saw him at Hither Green station, had apparently had a little to drink, but I cannot say whether he was drunk or sober.
South Eastern Railway, on June 26th, at about 12.40 a.m., and I noticed no obstruction on the line whatever.
By the COURT. I could not have possibly gone over these fish plates without knowing it.
GEORGE WIDGEON . I am an engine driver in the employ of the railway company—about 1 a.m. on June 26th, I was driving a special train containing troops, when on approaching Hither Green station, I ran into something of iron or steel on the line—I jumped out and went up to the signal box, and informed the signalman—I then examined the engine, and found a mark up the guard iron of about an inch, where it had knocked the grease off—the guard iron is about two inches off the line—I saw the fish plates next morning—I then went on with my train—if the engine had mounted these plates, it would have gone off the line.
WILLIAM EDWARD BISHOP . I live at 5, Buttersfield Road, Lea, and am a plate layer in the employ of the South Eastern Railway—about 1.5 a.m. on June 26th, from information I received, I went with Roberts to examine the line—we found near by the signal box eight fish plates, tied up in a bundle, first, and eight in a bundle afterwards—one was lying in the (1 ft. way, and one was on the 4 ft. way—this (Iron hook produced) was lying separate from the others—the 4 ft. way is the track where the engine runs, and the 6 ft. way is the space between the up line and the down line—the fish plates were packed, eight in a bundle, on the side of the line by the contractors—I had a duck lamp with me at the time—it was a moonlight night—I saw the prisoner, whom I knew by sight, standing 162 ft. away from where the plates were—I stood my lamp on the top of the bank, and went towards him—he was standing inside the fence on the railway company's property—he ran away and I lost sight of him—the nearest I got to him was 53 ft—on the 29th, at about 5.40 p.m., I went to Grove Park station, and picked the prisoner out from a truck containing twenty-five men—I did not hear any mention of the prisoner's name before I did so—Corney was further down the line than I was—he identified him after I did.
By the COURT. It was about four minutes after the train had passed that we went to examine the line.
Cross-examined. You were standing down by the allotments when I saw you—I had never heard your name before I got to the police station—I am not the man who picked out the wrong man on July 26th.
By the COURT. Nobody said anything to me when the truck came up—Corney was beside the signal box about 50 feet away—I did not know he had picked out the same man—I knew he was there to pick the man out—I wont up to the policeman after picked the prisoner out and said, "That is the man," indicating the prisoner—this was when the truck had stopped.
JAMES CASS . I am a detective inspector in the employ of the Railway Company from information I received. I went on June 26th to the spot where it was alleged the fish plates had been put. and examined the rails and chairs—I found several marks on the chairs, both on the up and down lines—I examined these fish plates (Produced), and found these
marks upon them—I was at Grove Park station when the prisoner was Identified on June 29th—Bishop was some distance away, and could not hear anything that was said at the time—Corney identified the prisoner—I took him in charge, and his reply to the charge was, "I admit being there. I came that way home after doing some shopping, and spoke to the watchman. If I have done anything wrong, I am very sorry"—I find if a fish plate is put on the rail there is a little more than an inch between it and the point of the guard—a fish plate is a piece of iron for pinning the rails together, and some were lying about very close by—this (Produced) is a hook from one of the trucks belonging to Messrs. Rigby, and was found separate from the others—the bundles of fish plates would be laid across the line and the guard knocked them off—if there had been only one or two the wheel would have passed over them, and the engine would have been derailed.
Cross-examined. When the charge was told you the police officer and I were the only ones present—there would be no reason for saying, "Keep the watchman out "; he had already identified you.
LOMBE BUNN (Sergeant P.) About 8.40 p.m. on June 29th I was with Cass at Grove Park station, when Corney and Bishop identified the prisoner—Bishop could not have heard anything that was said when Corney identified him—Corney identified him first—I took the prisoner to one side after he had been identified and cautioned him—he said. "I admit being there. I came that way home after doing some shopping, and spoke to the watchman. If I have done anything wrong, I am very sorry."—I took him to the station, and, on the charge being read over to him, he said, "I never see the fish plates, and never got off Rigby's section"—Rigby's section is a portion of the line by the side of the already made up railway on the right hand side towards Springback Road—Rigby is the name of the contractor who is doing the new portion of the line—that would contradict the evidence of Bishop and Oorney, inasmuch as they saw him on the other side of the line—the place where the conversation took place with Corney was near Rigby's section, but he was seen off the section by Corney.
Cross-examined. It was a porter who picked the wrong man out, who was taken to Lewisham and detained there for six hours.
By the COURT. A porter came with me to Chislehurst station and picked out a man whom he said he. thought he recognised as having seen prowling about on the night of the 25th—the man willingly accompanied me to the station, but he was found to be the wrong man—he was working close by the prisoner at the time he was picked out.
The prisoner, in his defence, said that he had worked for Rigby's for four years; that he was returning from Lewisham after doing some shopping and was taking a short cut along the line when he was stopped by the watchman and a porter at Hither Green station at about 12.10 a.m.; that the watch-man, recognising him as an old mate, had let him go on, and he had left the line at the bridge and taken to the main road; that with the exception of two men he saw in the main road he saw no one from the time he left the watchman until he reached his home at Summerfield at 12.45 a.m.; that he
was perfectly sober, not having tasted drink since the 23rd and that he could not have run, as Bishop had alleged, as he had broken both his ankle bones.
NOT GUILTY .
MR. FITZGERALD Prosecuted.
ADA SHEPHERD . I am the prisoner's wife, and live at 12, Collingwood Street, Woolwich—we had a separation order—he had been living with me recently for about eight months—on July 7th I was in my room between—4 and 5 p.m. with my husband and son, who is two years old—he and I had been out to get some black for a baby I had just lost—I returned home, and when the prisoner came back half an hour afterwards he was the worse for drink, he quarrelled with me about the dinner, and hit me several times about the face, causing my mouth to bleed—he frightened my little boy, and I took him up—the prisoner took this pair of scissors (Produced) off the mantelpiece and stabbed him in the forehead—I tried to call for assistance from the window but he would not let me, stabbing me on the top of my head and on my arm—I called for assistance again, and a neighbour came from across the road—the prisoner ran out of the door and down stairs—the neighbour came in and we attended to the child and took it to the chemist's—I met a policeman on the way and gave my husband into custody.
By the COURT. I think he has been convicted over a dozen times for drunkenness—about four and a half years ago he had some money left him—I have seldom seen him sober since, and he has not done any work.
CHARLES MELLISH . I am the Divisional Surgeon of Police at Woolwich—I was called to the police station at 8.40 p.m. on July 8th, where I examined Mrs. Shepherd and her child—Mrs. Shepherd had an incised wound an inch long on the crown of her head some inches to the back of her forehead; and a contused wound half an inch long on the outside of her right forearm, and her upper lip was bruised—the child, aged about two years, had a wound a quarter of an inch long over his forehead in the centre, merely skin deep—the wounds were such as may have been caused by these scissors (Produced), which had blood upon them when produced to me—the wounds are practically well now.
By the COURT. I have met the prisoner before through his not wishing to have his child vaccinated when there was smallpox in the neighbourhood, I being the public vaccinator.
JAMES FORBES (12 R.R.) I arrested the prisoner at 8 p.m. on July 8th—after I told him what he was charged with he said, "I never touched them; I never had a knife"—I went to the room, where I found this pair of scissors and this old table knife (Produced)—I then conveyed him to the station—I saw Mrs. Shepherd, who had a wound on her right forearm and on the top of her head.
him—in reply he said, "It is false. I have been separated from my wife, and I came home on Sunday. I met her in Beresford Square at her request to see the baby that was sick, and to-day I went out to buy some things for the dead baby, and when we returned home we quarrelled"—he was then the worse for drink—Mrs. Shepherd was sober.
The prisoner, in his defence, said that he did it in self-defence in struggling with his wife; that he was not drunk, but that his wife was.
Seven days. (See next case.)
MR. FITZGERALD Prosecuted.
ROSINA CADEN . I am a widow, and live at 4, Moxey Road, Plumstead—Mrs. Shepherd is my daughter—the prisoner and she were married on September 21st, 1900, and they lived at my house for nine days at 81, Palace Road, Plumstead—the prisoner was continually drunk and always having bottles of whiskey in the place, so I turned them out and told them to go and get a home of their own—he was following no employment then—he had some money left him six months before he was married—they then went to live at 47, Hudson Road—about four or five months after, I was sent for to come and see them—I found the prisoner drunk and throwing food out of the window—he was locked up that night—I have never seen him out of drink since he was married—they then separated for a short time, and my daughter came and lived with me—the prisoner went to Canada, and on his return came to see me—he was drunk, and he was locked up—they then went to live together for a short time—they were always fighting.
FREDERICK JOHN SHEPHERD . I am a labourer at Woolwich Arsenal, and live at 129, Crescent Road, Plumstead, the prisoner is my brother—he used to work as a labourer at the Arsenal—his character was pretty fair, and he was a steady man—our mother died in 1895 and left £6,400, of which his share was £1,600—since then he has not done a stroke of work, and has always been drunk—he had had thirty years' service in the Arsenal, and would only get drunk about one day in every three months—he does not seem to be able to take care of himself, and I think it would be advisable to have him put into a home.
CHARLES LANGTRY (Inspector R.) I have made inquiries about the prisoner, and find that his wife is an associate of prostitutes—they have lived in various places since they were married, but have always been turned out through their constantly fighting—his mother was a weak minded woman—the day the prisoner's baby died he borrowed 10s. from his brother to pay for the funeral, and spent 5s. of it on drink.
The prisoner, in his defence, said that it was not true that he had done no work since he inherited his money; that he had done some work in Canada, and had been doing some work for his brother; and that he had a bad wife, who had ruined him.
GUILTY . Sent to a home for two years and placed on the Black List.
623. JAMES THUNDOW was again indicted with ROBERT HAYWARD (36), and WILLIAM GOSHAWK (21) for stealing a quantity of solder, the property of Messrs. A. G. Scott & Co., their masters. RICHARD SADLER , Receiving the same knowing it to be stolen. (Sec page 892.)
MR. LAWLESS Prosecuted; MR. R. B. MURPHY Defended Sadler.
DANIEL CLARK . I am the managing director of the prosecuting company and live at (69, Oakhurst Road, East Dulwich—this is the certificate of incorporation of the company (Produced)—these are three bundles of solder which the police showed me as having been found on Sadler's premises, and which I identified as ours (Produced)—they are exactly similar to the sticks we always use, and which we buy from Messrs. Farwig & Co., of Thames Street, in quantities of about two tons per week—this is a smaller bundle of solder that was shown to me—it is not ours—we employ about 700 hands in making tin boxes—in June, in consequence of our missing solder, I directed a watch to be kept in the store room.
Cross-examined by Hayward. We first began missing solder at the time of the beginning of the Boer war. before you were in the factory—you knew perfectly well the solder was going, and you said if you could only catch the thieves you would knock them down—the height of the partition of the store room where the solder was kept was eight feet.
Cross-examined by Thundow. I have been suspicious of you for a long time; I was waiting to catch you.
Cross-examined by Goshawk. On condition that you told us all you knew, we said we would do our best for you.
Cross-examined by MR. MURPHY. I should feel justified in swearing that we have not sold any solder during this year to anyone; we supply very little in the course of business—I have not examined our books to see if we have; I have very little to do with the books—I am almost positive that we did not sell any last year—I identified the metal found at Sadler's at a police station in Wapping, about July 14th, after the prisoners were locked up; the police asked me to come down and see if the solder was ours—the bundles were tied in half hundredweights as usual—on the night of the prisoner's arrest I identified another half hundredweight bundle of solder as ours, which was found elsewhere—these solder sticks are not made to a special design; we have similar sticks, but not the same shape, made for us—Farwig's is a very old firm.
Re-examined. The other half hundredweight that I identified was found on Raybould's premises—Hayward was one of the night watchmen, Smith was the other, and they took alternate hours and kept the keys between them—after considerable losses we made a box to keep the solder in, which was found not to be large enough, and there used very often to be a large quantity laying outside the box.
ROBERT SMITH . I am a police pensioner of 1, Thurston Road, Lewisham, and have been employed as a night watchman by the prosecuting company for twenty-one months—I took the odd hours starting at 9 p.m. and finishing at 7 a.m., and Hayward the even hours, starting at 8 p.m.—when not on duty I should be in the office or the timekeeper's office where the keys were kept—when on duty I patrol the premises—the solder was kept in a store room next door to the timekeeper's office, where the key for opening the store room was kept—about a year ago a box was provided for the solder, and, not being found sufficient, solder used to be put on top of it—Hayward seemed very friendly with Goshawk and Thundow—about the middle of April, in the presence of Hayward, one of the girls asked me for a bundle of solder, and I said, "You cannot have any, the box is locked"—Hayward said, "Oh, no; it is not; that' lock has been broke a fortnight"—I never knew until then that that was so.
Cross-examined by Hayward. It was your duty to lock the store room door and put the key in your pocket, then it would have been impossible for anyone to get at the box.
Cross-examined by Goshawk. I have never seen you act suspiciously.
Cross-examined by Thundow. I had not the slightest suspicions of you.
Cross-examined by MR. MURPHY. Of course I did not include Sadler when I said Hayward was friendly with the prisoners.
Re-examined. It was the duty of the night watchman to see that the store room was kept locked.
WILLIAM JONES . I have been the timekeeper and storekeeper for eleven years, and live at 15, Hanlon Street, Deptford—it is the duty of the watchmen to see that the store room where the solder was kept was locked—after all the hands are gone there is no reason for going in there—the partition that divides the store room from the passage is about 7 ft. high; anyone would have to get over that if they did not go through the door—I keep the key from 8 a.m. till 7 p.m.—I had been missing solder for some time, and I reported it to the manager, and a box to hold it was made about twelve months ago—it was a box with a lock and held about 30 cwt., but sometimes, there being too much, we had to put some of the solder on the top—we were very busy at the time the robberies were taking place, and we were using from 30 cwt. to 2 tons weekly—on April 12th there was about 15 cwt. in the box, which would do ordinarily until the 18th—on April 15th I found that the lock of the box had been broken, and that we had almost run out of solder, and we had to melt down all the scraps to keep the business going—the value per cwt. Of solder is about 67s. or 68s.—I informed the firm of what had happened—on June 3rd, as instructed by Mr. Clark, I hid myself at 8 p.m., which was closing time, in the store room—Goshawk was out on his rounds, and Thundow was in his van in the yard close by—after about an hour and a half Goshawk came in at the door, which I had received instructions to leave unlocked, looked round, and took a bundle of solder from the box, which was unlocked—I informed Mr. Clark of it—Smith was in hospital at the time, and it was Hayward's night off; there was an odd man
there as watchman—I afterwards identified the bundle of solder found at Raybould's as a similar bundle to the one I saw Goshawk take.
Cross-examined by Hayward. It is quite possible that I told you there was something wrong with the lock of the box—I know it remained broken for several days—you generally reported to me if you found anything wrong—you have been in A. G. Scott & Co.'s employment since October.
Cross-examined by MR. MURPHY. We have been dealing with Farwig & Co. for a long time—until two years ago we only dealt with them, but since then there has been an additional firm from whom we get solder—all solder supplied to us by Farwig is in sticks similar to these (Produced)—we first started missing solder about eighteen months ago—so far back as the Boer War there were rows about so much solder being used.
Re-examined. Since these proceedings have been instituted we have not missed any solder—my firm never sells solder; they use it all themselves.
By MR. MURPHY. We may have sold 14 lb. of solder to retail customers, or something like that, for soldering down tins for export—I have not inspected the books to ascertain whether solder has been sold—I do not remember giving out solder to be sold to customers for the last two years.
HARRY LEWIS TARRANT . I live at 13, St. Helena Road, Bermondsey, and up till June 10th I was a carman to Messrs. Scott—I entered their employ on January 1st, 1903—in June, 1903, owing to slackness, I left, and about Christmas, 1903, I returned again—Goshawk and Thundow were my fellow carmen—in March or April, Hayward put half cwt. of solder into my van, telling me to sell it for 14s., and he would give me half—I sold it and gave him 7s.—this happened about once a month on four different occasions, a half cwt. each time—he did not tell me where to go to—I saw Thundow go to Sadler's, in Burnham Street, Canning Town, so on these four occasions I went there—I used to pull up outside the shop, take it into the shop and Sadler would hand me 14s. each time—he did not ask me where the solder came from—the name of the prosecuting firm was on the van in big white letters—I did not ask any fixed price—the bundles that I sold him were similar to these (Produced).
Cross-examined by Thundow. I never saw you take any solder this year.
Cross-examined by MR. MURPHY. I was earning 22s. a week, with overtime and commission—I first started finding solder on my van in March, 1903—on the first occasion I asked Thundow what it was, and he said, "It is all right. Do not say anything. I will give you half"—I did not say a word about it till I was arrested, then I told the truth—at the police court I was selected to come from the dock into the witness box—I knew the solder came from the firm—Thuudow put 3 1/2 cwt. on my van altogether—I never went to any shop other than Sadler's, whom I have known for about twelve months—he had never bought anything from me before March, 1903. (Here the witness became indisposed, and Mr. Murphy said he would ask no further questions.)
went to Sadler's premises at 76A, Burnham Street, Canning Town, with Detective Sergeant McCarthy—he has two other shops at 63, Hanlon Street, and 101, Woodstock Street, both close by—I saw Sadler and told him we were police officers, and asked to see the metal that he had on the premises—in the back office we found 2 1/4 cwt. of solder, consisting of four bundles of stick solder, and eight bars of plumber's solder—these are three of the bundles we found (Produced)—I asked him how he accounted for the possession of it, and he said, "It came in on the 28th. I bought it from Mr. Austin, of Barrett's Grove, Stoke Newington, who are solder manufacturers," and on asking him whether he had any entry of it in his purchase book, he said he had not—I then asked him how much he had paid for it, and he replied, "I have not paid for it at all yet"—I said, "How much do you expect to pay?'—he said, "About 6d. a pound," which comes to 56s. a cwt.—I took possession of it—there was a smaller bundle I saw, and I said, "This bundle appears different to the other three." (Small bundle produced), he said, "That is the bundle I have run down myself"—I asked him if he could produce the mould—he produced an iron mould from the back of the shop, and I found that the sticks were two inches longer than the mould—I asked him how he accounted for it, and he said, "I cannot understand that"—I then took all the solder to the station—in June I got a communication from the police at Greenwich, and Inspector Hailstone came and identified the solder.
Cross-examined by MR. MURPHY. According to what Sadler says, he has been a marine store dealer for forty years—I have known him for five years—he is not a registered metal dealer, who is compelled to keep books, and must not buy metal except in certain weights—if they are convicted they are registered—he has been twice charged for receiving. but was acquitted—he told me he was the only person responsible for the business; up to Christmas he was in partnership with his three brothers—he has a son in the business—he has workmen there—he did not prevent us going in, nor did he bar us looking at anything—the bundles of solder were in view on the floor—we found that the price that Austin had supplied 2 1/2 cwt. to him, on April 28th, was 64s. a cwt.—this bundle (Small bundle produced) looks as if it had been cast by an amateur—it is very rough—I cannot say whether it would be possible to cast it in this mould (An iron angle produced)—I examined Messrs. Austin's books, and found an entry in pencil in one of them of having supplied him with 2 cwt. 3 lb. of tinman's solder two days before the date I went there.
Re-examined. He did not show me this iron angle at the time—it would be quite possible to melt down Messrs. Scott's sticks into this shape (Small bundle produced)—on July 4th. 1000 he was charged with stealing and receiving a cash register, valued at £40, for which he paid £4, from the Royal Albert Docks; the prosecutors failed to appear, and he was discharged—I was not there when he was charged the second time—on May 19th he appeared on four summonses for not keeping proper books—this is the only book (Produced) I found on the premises, and that contains no entry of the purchase from Austin's.
JOHN PORTER . I am a solder manufacturer of 28, King James's Street, Southwark Bridge Road, and for the last eight months I have supplied Messrs. P. & S. Farwig & Co., of 106, Fenchurch Street with about a ton of solder every ten or fourteen days—I have compared these three bundles of solder found at Sadler's (Produced) with the mould (Produced) in which I cast my solder, and I can swear they are mine—there is one groove in this mould that has two pin holes in it, and several sticks in these bundles have got the same flaws in them, and these sticks are exactly the same length and shape that I make—this shaped mould is the only one from which I cast solder for Messrs. Farwig.
Cross-examined by MR. MURPHY. I have about a dozen customers, of which some are retail and some wholesale—to these firms I supply the same shaped sticks of solder—I have five other moulds which are all of the same shape—in April, I was supplying my customers with something like 30 cwt. a week—the quality of this solder (Small bundle produced) is lower than I sell—melting this down to another shape would not make any difference to the quality.
Re-examined. I should say that my solder was of better quality than this plumber's solder (Ingots produced)—I have never supplied Messrs Austin with solder—my shaped mould is a peculiar one, and 1 have never seen one like it anywhere.
SCOTT HILLIER FARWIG . I am a partner in the firm of P. & S. Farwig & Co., of 100, Fenchurch Street, E.C.—since January 1st we have been supplying Messrs. A. G. Scott & Co. with solder—any orders we received from them we sent on to Porter, and he would deliver it to them for our account.
Cross-examined by MR. MURPHY. The market in solder is a very extensive one—it is usually done up in half hundredweight bundles.
HENRY EDWARD AUSTIN . I am a solder manufacturer, and carry on business at Barrett's Grove, Stoke Newington—on April 28th. I supplied Sadler with three bundles of solder, weighing a half hundredweight each, and two casts of four bars, weighing in all 2 1/4 cwt.—the police brought me these three bundles found on his premises—I do not think they are mine; they do not exactly fit mv mould—the police also brought me this bar (Ingot produced), which is very similar to the ones I supplied him with.
Cross-examined by MR. MURPHY. We manufacture the solder our selves—these do not fit any moulds we have at the present time—five or six months ago we had some different moulds, which we have since done away with—it is hard to say whether these sticks found at Sadler's premises would have fitted those moulds—we occasionally run short of solder, when we buy from other manufacturers—I do not think we had Holder of this description in our premises last April; we may have had—I did not see what was supplied to Sadler's order—we have a large stock of solder generally, and some of it may remain on the premises for some months—I had dealings with Sadler before this transaction—the price was the market price, 64s. a cwt.—we would sometimes send him an invoice the same day, and sometimes the next—we sent him an invoice in
the usual way; there is an entry in the book—in my dealings with him, as far as I know, I have found him straightforward.
FRANK BEAVIS (Sergeant R.) About 12.30 a.m., on June 11th, I went to 187, Southward Park Road and saw Goshawk—I told him I should take him into custody for being concerned with a number of others in stealing a quantity of solder from his employers, and he said, "Yes, I Lave had some of it; I had a half hundredweight on Friday night. I took it out of the store room and hid it round the other yard behind some crates. I went in next morning at 6.15 a.m., a quarter of an hour earlier than usual. I put the solder on my trolley. I was to have gone to Swan Lane, Upper Thames Street, but instead of going there I went to Red-cross Street, and sold the solder to a dealer at a rag shop, I do not know his name. I got 14s. for it. I said to the receiver (Ray-bould), 'I have got a little bit of stuff.' He said, 'What is it?' I said, 'Solder.' He said, 'Fetch in a sample.' I took him in a bundle. He said,' It is very poor stuff, but I will give you 3d. a lb. for it.' He asked me whether the firm missed it. I said, 'No, it has been going on for about two years.' The cause of this is brought on by one man, Mr. Thundow, a carman. He told Tarrant, another carman, where the stuff was, and Tarrant came and told me, otherwise no one would have known where the stuff was. We have been selling it to Sadler, a marine store dealer in Canning Town. He has been receiving the solder for the last two years from Thundow, Tarrant and myself. I sold him a half hundred-weight of solder about a week after Christmas for 14s. I have not sold him any more since. I gave the carman Trost 2s. out of the money I received for the stuff on Saturday morning. I gave it to him because he saw me get it. The door was open, and I went inside and took the bundle out. He was standing outside at the time. I will show you the man who I sold the solder to"—on arresting Hayward and telling him the charge, he said "I did not steal it. I know some of the carmen had some. I suppose they want to put it all on my back"—I then went to Thundow's house and charged him, and he said, "All right. I know nothing about it"—he was in bed at the time, and while he was dressing he said, "I will tell you the truth. I have only had a share of two lots, 2 1/2 cwt. on one occasion, and 1 cwt. on another, which me and the carman Tarrant sold to Sadler, a marine store dealer in Canning Town"—I was with Inspector Hailstone when Sadler was arrested—on June 11th all the prisoners were taken before the magistrate at Greenwich, and they were remanded for a week.
Cross-examined by GOSHAWK. You distinctly said you had been selling the stuff to "Sadler, a marine store dealer in Canning Town."
Cross-examined by MR. MURPHY. When arrested Sadler said, "I have not bought solder from Scott's men." and when reminded of the solder found on his premises on April 30th, he said, "I did buy that"—this is my note of what Goshawk said, which I took down us he was saying it—he volunteered the name of Sadler—nothing has been rubbed out and "Sadler" put in afterwards.
Re-examined. At the police court I read Goshawk's statement as,
"We have been soiling it to a man." as at that time. June 11th. Sadler had not boon arrested. and wo did not want him to know of it until he was.
ARTHUR HALLSTONE (Inspector R.) On June 11th, as the prisoners were standing in the dock waiting to bo tried before the magistrate. Goshawk made this voluntary statement to me. which I took down as well as I could in writing: "At Whitsun I received 1 cwt. of solder from Hayward at Scott's promises. He was in his office, and he told mo he had put it on my van. When I got on the van I saw it in a crate on the van. I went to Dunk's, curry people, at Lea, and delivered a load of tins, and from there I wont to Raybould's shop in Redross Street. E.C., and sold the solder for 28s. Raybould paid me in the shop. I had been to the shop before with two half hundredweights of solder all stolen from Scott's, Limited my masters. It was arranged between me and Hayward that he was to have half of what I made on the solder. The 28s. I spent and got drunk. I gave Hayward 5s. on Thursday. I took a half hundredweight from the store room on Friday night. I found the store room door open. I sold it next day to Raybould for 14s. Hayward always took the solder out of the store room and put it on the van."
Cross-examined by MR. MURPHY. When arrested, Sadler said he had not bought any solder from Scott's men, and on being reminded of the stuff found on his premises on April 30th. he said, "I did buy that"; I did not understand what he meant by "that."
Hayward, in his defence on oath, said that he had never put solder on the carmen's vans, and had denied Goshawk's statements at the Police court; that the reason he thought the carmen had alleged this against him was that they believed him to be the instigator of the prosecution: that Tarrant had thought so because he had reported him several times: that he did not know until quite recently that solder was being stolen, and that the first time he knew of the lock of the box being broken was when Mr. Jones, the timekeeper, informed him of it.
Goshawk, in his defence on oath, said that he was not guilty of stealing solder in 1903 at all; that he had not mentioned the name of Sadler when he was arrested; and that he had heard the name from the other carmen.
Sadler in his defence on oath said that he had been in business for twenty years with his brothers and since Christmas had carried it on by himself with his son; that he bought quantities of solder from different people coming in; that he had offered no resistance to the police searching his premises: that he had bought the three bundles of solder alleged to have been Scott's from Austin from whom he had subsequently received the invoice: that with reference to the smaller bundle of rough stick solder he had melted it down himself and that it could be seen he had not done so from Scott's solder, as the quality was inferior: that at the time he had produced the wrong mould. but having discovered his mistake he had found the right one. which he produced, and which the sticks of the smaller bundle exactly fitted. (The Jury compared the mould and stick solder and it was found that such was the case); that he had never bought any solder from or seen any of Scott's men. that when, on being arrested, he had said, "I did buy that," he meant "I
did buy that from Austin's"; that he could offer no reason why the carmen should briny this evidence against him; that six times he had applied to have the solder returned to him, but that, he had never taken action because it was stated that he would have to pay in costs more than the value of the solder.
Sadler received a good character.
HENRY EDWARD AUSTIN (Re-examined.) This is my book in which this transaction with Sadler is entered in pencil of 2 1/2 cwt. of solder being supplied to him—the order was a verbal one—that book docs not contain any more entries of transactions with him—ho would sometimes order 1 cwt. and sometimes 2 cwt.
HAYWARD, NOT GUILTY ;
SADLER, THUNDOW, and GOSHAWK— GUILTY .
SADLER, who was stated to be a notorious receiver, Three years' penal servitude.
THUNDOW, Three months' hard labour , GOSHAWK, sec page 894.
Before Mr. Justice Ridley.
MR. METHVEN, for the prosecution, offered no evidence.
NOT GUILTY .
GUILTY . Five years' penal servitude.
Before Mr. Recorder.
MR. WHITELEY Prosecuted and MR. FITCH Defended.
THOMAS PURDIN . I live at 408, Old Kent Road, and am a skin merchant—on October 27th. about 5 p.m., I was out with my roan pony and cart, and called at the Rockingham. Newington Causeway leaving the pony and cart in charge of a man—I came out in four or five minutes' time and found the pony and cart gone—I went to the police station and reported my loss—I next saw the pony on July 13th at the Rose and Crown, Green Street Green—it was worth about £14.
Cross-examined. I am not a horse dealer—the horse in question was not blind or lame—I had had it about eighteen months—I gave £13 for it—it was worth £16 or £17—it was about nine-years old.
Re-examined. I did a good deal when I got it for £13.
GEORGE REEVES . I am the licensee of the Sawyer Arms, Bromley Common—I bought the pony in question last December from the prisoner—he asked £14 for it—I said I did not particularly want to buy it—he later on said he would take £7 and two pigs for it—I gave him £6 and two pigs—the latter were worth about £5—he asked me to keep the pigs a day or two, and said, "Perhaps you will buy them back, as I have no place to put them"—he wanted £4 10s. for them—I gave him £3 10s.; so that I paid him altogether £9 10s.—he told me he got the horse from a bookmaker—I sold it the latter end of February to a man named Ayres. of the Rose and Crown, Green Street Green, for £8—I have known the prisoner ten or twelve years—t have had ponies from him before.
Cross-examined. I have known him as an honest man for ten or twelve years—I gave £9 10s. for the pony, harness, and cart—I sold the cart for £2 10s.—the horse was lame when I had it and in poor condition—it is better now.
EDWARD DERBY (Police Sergeant). Owing to information, I went to the prisoner's place at High Road, Beckenham, in company with another officer—I told him we were police officers, and that we were making inquiries respecting a pony, cart, and harness, which he had sold to Mr. Reeves, of the Sawyers' Arms, Bromley Common—I cautioned him—he said, "Which one do you mean, the roan one?"—I said "Yes"—he said, "Have you seen Reeves?"—I said, "Yes, and have taken a statement from him"—he said, "I bought the pony from two men who I do not know, on a very foggy Saturday, and have not seen them since"—I said, "How much did you give for it?"—he replied, "£4 10s."—I said, "Did you ask them for their names and addresses?"—he replied, "No"—I said, "Did you get a receipt for it?"—he said, "No, the pony was my receipt; I often buy a pony for a hobby; I never ask any questions. I deal in and buy anything, and that pony I sold the following day to George Reeves, the landlord of the Sawyers' Arms, in a 'chop' for two pigs and money—I did not want the pigs, so I resold them to Reeves for £4 15s., as I wanted to get rid of the pony"—I asked him if he could refer me to anyone who knew the men—he said, "No; but I believe they came from Sydenham"—the prisoner made a statement which was written down and signed in my presence—I then told him I should arrest him—when charged, he replied, "I did not steal it, I only bought the pony and cart."
The prisoner, in his defence on oath, stated that on December 5th last he left his work to go and have a drink, when he was followed by two men, who asked him if he would buy a pony and cart; that he ran the pony up and down; that they asked £6 for it; that he bought it for £4 10s., with 2s. back again and that it was in a very rough condition when he bought it.
THE RECORDER said that he thought the case was a very weak one, in which the Jury agreed, and returned a verdict of
NOT GUILTY .
Before Mr. Common Serjeant.
(631.) JOHN REED †** (29), to the unlawful possession of twenty-four counterfeit florins and twelve counterfeit shillings. Two other convictions were proved against him. Fifteen months' hard labour. [Pleaded guilty: See original trial image.]
PLEADED GUILTY .
MR. WILKINSON Prosecuted; MR. ELLIOTT appeared for Henry Harrison, and MR. ROOTH for Mary Harrison.
FRANK KNILL (Inspector L.) I have had both the prisoners under observation for some time—I have seen them together in the street, and at 32, Evelina Mansions, Church Street, Camberwell New Road, as well as at Crampton Street, Newington Butts—on June 22nd, about 6 p.m., I saw the woman leave Evelina Mansions—with Beard and Woollard I followed her to London Bridge—I saw her go into a Brighton Railway refreshment buffet and pay a coin, which I afterwards received, and found to be counterfeit—I then followed her to another refreshment buffet on the South Eastern side—I saw her pay another coin, which I afterwards received, and found to be counterfeit—I produce both florins—I marked one, Sergeant Beard marked the other—on June 24th I was keeping observation at Evelina Mansions—I saw the man enter about 10 a.m. carrying a parcel—about 1 p.m. I saw the woman leave the house with two jugs—directly she had left I opened the door of the house with a key I had—I found an inner door locked—I and other officers forced it open—it led into the middle room of a flat—the man was standing up with a sheet and blanket in front of him opposite the door—the officers seized and handcuffed him—he had an apron on and some slippers, but was dressed—in a few minutes the woman came in, followed by Sergeant Woollard—I said to both prisoners, "We are police officers, and shall arrest you both for making counterfeit coin," and I said to the woman, "And you will be charged with uttering at London Bridge on Wednesday last"—she Paid, "I was not at London Bridge"—I said, "You were, and so were we"—she said, "Did you follow me home?"—I said, "No, we followed you away from home"—the man said. "Was I with her? "—I said. "No, you were not"—he said, "No, you have never followed, me"—I said, "Oh, yes, on several occasions.; last night I rode with you on a tram, and sat next to you, and felt in your jacket pocket to see if you had any coin"—he said, "I remember you now"—the woman said, "Well, you have been very smart on us; who was your informant?"—searching the house in the scullery we found a marble top table, six moulds, four containing two, and one, containing one counterfeit florins—the coins were hot—there were two double and two single moulds—there was also a gas stove burning, and on the stove a saucepan full of boiling metal and a ladle and spoon—on the table were twenty-five counterfeit florins—
this is the saucepan with the metal still in it—there was also some plaster of Paris, and a thermometer was hanging on the wall—there was another saucepan, also with metal in it—in the middle room I found 150 counterfeit florins, several pieces of zinc, four files, two small bottles, one of silver chloride, and one containing some ammonia powder—the files had been recently used—in the back room, on the ground floor, I found 960 counterfeit florins in one drawer, done up in parcels of twenty-four each—in a bag in that room I found 200 counterfeit florins, and in another bag, sixty—there were also some cyanide of potassium, some milling tools, and three books, one is on electro metallurgy, one is a silversmith's hand book, and one is on electro depositions—the articles are produced—we took the prisoners to the Camberwell Police Station—they were charged later on—I then went to the house in Crampton Street with the other officers—in the first floor front room I found twenty counterfeit florins, finished, and wrapped up in separate paper, each paper being stuck down, also twenty more loose in a bag in this glove—I found this depositor's book of the National Penny Bank, 56, Walworth Road, with no name upon it, it is identified by a number, and begins in 1902—it showed a credit of £265 5s. 4d. at that time, but since then £45 has been drawn out—I also found a paying in book and a cheque book of the London and County Bank, Shoreditch branch—it is simply a slip book with counterfoils—some of the slips remain in it—I also found a quantity of cyanide of potassium, but no moulds at that house—the coins weigh 36 lbs., and there was about 3 lbs. of metal, including what was in the saucepan.
Cross-examined. I have had the woman under observation about three months—the first time I saw the man with her was on June 18th, after I had been watching her—I saw him with her on three occasions—I never saw him pass any bad money—on one occasion I saw him carry a bag to Evelina Mansions—it appeared to contain plaster of Paris—the last payment into the bank was in August, 1903—I believe money has been drawn out of the London and County Bank, and paid into the National Deposit account for the purpose of saving it—he carried on business as a hair dresser at 3, Crampton Street, but it is a bogus shop—he has carried on the business by managers—when I broke into his room I had seen him go into the premises carrying a small paper parcel—I found a hammer in the room—I do not remember any nails—he did not appear to have got out of bed, he had his sleeves turned up, and his apron and some slippers on—I assume two objects in holding up the blanket and sheet, one was to cover up the moulds, the other was to throw it over our heads so that he might escape.
Re-examined. The door of 32, Evelina Mansions was bolted on the inside, so that when the woman left, somebody must have bolted it.
ARTHUR WOOLLARD (Detective L.) I have had the man under constant observation for close on a fortnight before the arrest on June 24th, and the woman for about three months—I have seen them together in the streets—I have seen them leave Evelina Mansions separately—on May 18th, about 2 p.m. I followed the woman from 32, Evelina Mansions to 3, Crampton Street—I saw her enter the private door—after five minutes
the man came out, followed by her—I followed them through various streets to the New Kent Road—when near 188, the man left her, went to the opposite side and walked on about sixty yards—the woman in about three minutes came out of 188, with a brown handbag, which appeared very heavy—she walked some distance up the New Kent Road, when the man ran up and joined her—they walked to the Walworth Road, when the woman entered an omnibus—I followed her—the man came behind the 'bus and said, "I shall be down after tea"—I afterwards followed her back to Evelina Mansions, and at 7 p.m., whilst keeping observation on 32, I saw the man enter—he left at 8.30 p.m.—I followed him back to 3, Crampton Street—on the 20th, about 12.30 p.m., I saw the woman leave 32, carrying a small market bag—I followed her to Clerkenwell—she entered the warehouse of Messrs. Feil & Co., 147 and 149, St. John Street, tool merchants—about ten minutes afterwards she left with a bag on her arm, which appeared very heavy—I followed her back to 32, Evelina Mansions, which she entered, and remained a long time—that was about 2 p.m.—late in the afternoon the man entered 32, probably about 5.30 p.m.—I kept observation on the house—I saw the woman go in with two little girls—they left about 8.30 with the prisoners—I followed them to the Enterprise Bazaar, in Walworth Road, where the prisoners made several purchases—the following afternoon I saw the man enter and leave 32 alone—the woman left at 7.30 p.m.—I followed her to Vauxhall Station, where I lost sight of her—on the 23rd I saw the woman at 11.45 p.m. leave 32 with two jugs and return—about 7.45 p.m. I saw the man leave 32, followed by the inspector—at 8.15 the woman came out of 32—I followed her to Camberwell Green, she sat on a seat, I got close behind her—I saw her take from beneath her dress a bag answering this description, and shake about twelve florins out of it into her lap—on Friday the 24th, after the arrest, I found this bag at 32, in the middle room, where I had found the man—I also found this receipt of Feil & Co. in the back room, for 16 lb of grained tin, for £1 3s. 4d., dated June 20th, 1904.
Cross-examined. The prisoner and his wife and children live at Crampton Street, where the hairdresser's shop is conducted by a manager and an assistant, who, I think, sleep out—I have watched the woman for about three months, from June 18th at about 2.10 p.m.—I saw her on four other occasions—I never saw the man pass bad money, nor attempt to, nor with any coiner's tools or implements, except as to the Plaster of Paris, which was in paper, and which of course I could not see.
RACHEL BETTERIDGE . I am the wife of George Betteridge, and reside with him at 1, Evelina Mansions, Camberwell—my husband is caretaker of the Mansions—I let to the female prisoner a flat on the ground floor at No. 32, at 8s., 6d. a week, on June 13th—she deposited 5s., and came again about 3 p.m. with the male prisoner—I accompanied them to the rooms, and they agreed to take them—on June 16th the woman came again, when I handed her this form of application for the rooms to be filled in—she filled it up in my presence, and signed it—I handed her the keys, and possession was taken that same night—she paid the rent on the Monday.
Cross-examined. I did not see the man again.
FRANCIS CHARLES MOON . I am a rent collector of 71, Dennis Road, New Cross—I have known the male prisoner since April, 1900, at 3, Crampton Street, as Henry Hewson—it was a barber's shop, and the name was on the facia—the rent was £3 10s. a month—I collected it from both Mr. and Mrs. Hewson, who is not the woman in the dock.
HENRY ANDERSON . I live at 58, Herne Hill Road, Loughborough Road, and am assistant to Mr. Feil, tool manufacturer, 145-9. St. John Street, Clerkenwell—I served the female prisoner with granulated tin, for which this is the receipted bill for £1 3s. 4d., dated June 20th.
WILLIAM JOHN WEBSTER . I am Inspector of Coins to His Majesty's Mint—I have examined the articles produced, including the coins, the potassium, four double and two single moulds, with coins in them attached to their gets—the coins are the largest haul I have seen—they are all counterfeit—the majority of them are in an unfinished state—the dates range from 1895 to 1901—some of these coins came from these moulds of 1896 and 1898—the granulated tin and the other articles arc part of the stock in trade of a coiner—the cyanide of potassium is used for battery purposes in silvering—the three books produced would also be useful to a coiner.
Cross-examined. The use of cyanide of potassium is not necessarily limited to coining.
GUILTY . MARY HARRISON, Three years' pawl servitude. HENRY HARRISON, Five years' penal servitude, and ordered to pay £100 towards the cost of the prosecution.
Before J. A. Rentoul, Esq., K.C.
CHARLES CRUSE (606 V.) At 12.20 a.m., on July 8th. I was called to the Alexandria Public house, where I saw the prisoner in custody of Greaser, the barman, inside the bar—Greaser told me that he had found the prisoner on the roof, and gave him into custody and I took him to the station—on the way he said. "I was on the roof of the public house; I went round there for a bloke that had half a sovereign of mine"—when we arrived on the railway bridge he made a sudden bolt from me, but he did not succeed in getting away—on reaching the station he took this chisel (Produced) out of his pocket and said, "I may as well give you this, I bought it off a man in the Alexandria for 4d."—on being charged he said nothing.
Cross-examined by the prisoner. You did not slip on the pavement on the bridge; we were in the roadway.
By the COURT. He made a sudden spring—there were several people following up behind—I was the only constable there.
WALTER GREASER . I am the barman of the Alexandria Hotel—in the early morning of July 8th, in consequence of what the housekeeper told me. I went up on to the leads, and could just discern a man lying against the skylight on the leads next door to us—I jumped over and
asked him what he was doing there, and to get up—he would not do so, so I pulled him up—we then had a short struggle, and he got away, but I caught him again—I asked him what he was doing there, and he said a fellow was up there that owed him half a quid, and he had run after him—I held him until the governor's son came—the prisoner was not drunk—I saw him in our bar about 10.50 p.m.—there is a roof where we allow our special customers to go up and sit out, but this was not the one—to get up there he would have had to go through the saloon bar, but he would not have been allowed to do so—we close the public house at 11 p.m.
Cross-examined. I know I said at the police court that I saw you lying in the gutter on the roof; I meant the gutter that runs round the skylight.
JAMES FINDLAY (25 V.) I was in charge of the police station when the prisoner was brought in—I went and searched the premises, and found at the back yard evidences of where someone had climbed the wall from an adjoining mews leading into the Alexandria Road—a plank had been erected against the lean-to building at the back of No. 29, and the person had climbed up it and up the sloping roof, over an adjoining party wall on to the roofs of Nos. 29A and 29B, which is one house with one flat roof, with no partition between—I found a cap on the roof of 29B—I went back to the station and charged the prisoner with being a suspected person found on the roof—he admitted the cap was his—at daylight I returned and made a thorough examination, and found that the skylight of No. 29A had been broken, and a hand had been inserted through the hole thus made, and the catch, which was a screw one, had been taken hold of, evidently with the intention of opening the window; but whoever had done it had failed to do so—several attempts had been made, as the marks of a hand were all round there in the dust; the person had worked from there to the other side, and on the hanging window there there were about half a dozen chisel marks, which exactly fitted with the chisel that was taken from the prisoner—I also saw some footprints in the backyard on a marrow bed, which agreed with the prisoner's boots—I then returned to the station and charged him with housebreaking.
Cross-examined by the prisoner. I told the Magistrate that I found your cap the same night and brought it back to you, and you identified it as your own.
ADA PERFACT . I am employed at Messrs. Eastman & Sons, Wimbledon,. and it is my duty to close up the premises in the evening—on the evening of July 7th I left the premises with all the windows secured and the skylight closed up—I noticed the next morning that one window of the skylight was broken.
Cross-examined. I did not at the police court, when I was asked, know exactly what kind of windows they were—I went up myself and noticed marks round the skylight, and also marks in the dust inside the window.
The prisoner's statement before the Magistrate. "I plead guilty to being on the top, but not with breaking I was up on the roof looking for a
chap who owed me half a sovereign, when I kicked the window and broke it."
The prisoner, in his defence on oath, said that about 10.55 p.m. that night he was in the Alexandria, when two men came in, and one of them offered to sell him a chisel for 4d., which he bought; that on leaving the public house about 12 a.m. they followed him out, and when he had got as fur as the mews in Alexandria Road they wanted to fight him: that he had offered to fight one of them for half a sovereign; that he handed a half sovereign to one of them, who immediately ran away and got on to the top of the roof; that he ran after him, but on reaching the top found that the man had gone down the other side; and that his foot slipped on a lead, and he had kicked a window and broken it.
GUILTY . He then
PLEADED GUILTY to conviction of felony at Clerkenwell Sessions on May 15th, 1901. Seven previous convictions were proved against him. Three years' penal servitude.
Omitted from Third Court, Wednesday, July 27th, 1904.
Before Mr. Common Serjeant.
ADJOURNED TO TUESDAY, SEPTEMBER 13TH, 1904.