CENTRAL CRIMINAL COURT
SEVENTH SESSION, HELD MAY 2ND, 1905.
MINUTES OF EVIDENCE,
TAKEN IN SHORTHAND BY
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Sessions VII. to XII.
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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 Tuesday, May 2nd, 1905, and following days.
Before the Right Hon. JOHN POUND, LORD MAYOR of the City of London; the Hon. Sir ARTHUR MOSELEY CHANNELL, Knt., one of the Justices of His Majesty's High Court; Sir HENRY EDMUND KNIGHT , Knt.; Sir JOSEPH RENALS, Bart.; Sir ALFRED JAMES NEWTON , Bart., Aldermen of the said City; Sir FORREST FULTON, Knt., K.C., Recorder of the said City; Sir JOHN CHARLES BELL , Knt., HENRY GEORGE SMALLMAN , Esq., and WILLIAM CHARLES SIMMONS , Esq., other of the Aldermen of the said City; FREDERICK ALBERT BOSANQUET , Esq., K.C., Common Serjeant of the said City; LUMLEY SMITH , Esq., K.C., Judge of the City of London Court, and his Honour Judge RENTOUL, K.C., Commissioner, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT
POUND, MAYOR. SEVENTH SESSION.
A star (*) denotes that the prisoners have been previously in custody—two stars (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Tuesday, May 2nd, 1905.
Before Mr. Recorder.
345. JOHN ANDERSON (32) and WILLIAM BROWN (22) PLEADED GUILTY to breaking and entering the shop of Charles Clements and stealing three sets of carvers, his property, having been convicted of felony at the Mansion House on November 15th, 1904, Anderson as John Robinson, and Brown as William John Brown . Two other convictions were proved against Brown. ANDERSON— Nine months' hard labour. BROWN— Twelve months' hard labour. —
(346.) THOMAS WILLIAMS (40) , to breaking and entering the shop of the Aerated Bread Company, Ltd., and stealing thirteen knives and other articles, having been convicted of felony at this Court on May 18th, 1903, as Thomas Budd . Five previous convictions were proved against him. Three years' penal servitude. — [Pleaded guilty: See original trial image.]
(347.) GEORGE EDWARD DILLOWAY (40) , to stealing, whilst employed under the Post Office, a post letter containing four half-crowns and six halfpenny postage stamps, the property of the Postmaster-General . Nine months' hard labour. — [Pleaded guilty: See original trial image.]
(348.) GEORGE HEALEY (45) , to stealing, whilst employed under the Post Office, a post letter containing a postal order for 4s., the property of the Postmaster-General . Three months' hard labour. — [Pleaded guilty: See original trial image.]
(349.) ROBERT HOLTON (35) , to breaking and entering the dwelling house of Davey Field and stealing two jackets and other articles, the property of Alexander Stevenson, having been convicted of felony at Clertenwell Sessions on March 22nd, 1904. Three other convictions were proved against him. Twelve months' hard labour. — [Pleaded guilty: See original trial image.]And
(350) CHARLOTTE BROUGHTON (29) , to stealing sixteen blank cheques, sixteen pieces of paper, and other articles, the property of Mary Mansfield Cobb; also to forging and uttering an order for the payment of £4 10s., with intent to defraud, having been convicted of felony at Clerkenwell Sessions on September 5tb, 1899. Four other convictions were proved against her. The police stated that the Kent police had a warrant for the prisoner's arrest for an offence arising out of the same transaction. Fifteen months' hard labour, which was to cover the whole matter, the COURT stating that there would be no further prosecution against the prisoner for this offence. [Pleaded guilty: See original trial image.]
352. CHARLES HARDWICKE (28) and JESSE HARDWICKE (32), Stealing twelve spoons and other articles, the property of Edward Cosgrove. Second count. Receiving the same property, knowing it to be stolen. JESSE HARDWICKE PLEADED GUILTY .
CLARA COSGROVE . I am the wife of Edward Cosgrove, of 74, Lancaster Gate, which is a private hotel—my husband and myself are the proprietors—last year the male prisoner was in our service as head waiter—we had an excellent character with him—his wife was in our service at that time as staff housekeeper; that is looking after the basement and the servants—they both left of their own accord, having remained about six weeks, I think—they came back to me at a private house where I was living at Maidenhead, in the capacity of butler and cook—that was in May—they stayed with me six weeks that time, and returned to Lancaster Gate with me—the house at Maidenhead was a hired furnished house—when we came back to Lancaster Gate I do not think the male prisoner had any definite position for the first week or two—afterwards he went back again to the dining-room as head waiter, and his wife accompanied me to Dublin as maid—Mr. Cosgrove was not very well, and I took her as a sort of nurse—she was a very useful person—we were a fortnight in Dublin—we came back, and they remained a short time—the male prisoner remained out one night and they left—they came again in March, 1904, but not at my request; the manageress asked them—the male prisoner came to the dining room and afterwards became hall porter—the wife remained quite a short time then, and the male prisoner until October last, when he gave notice—his wife had only come temporarily to assist, and when the manageress recovered her health she left—while the male prisoner was there I missed a quantity of property from time to time—it started with a dozen of apostle teaspoons, then some more teaspoons, about three dozen altogether, then a plated teapot, then seven sovereigns in gold, a £5 note and various articles of jewellery belonging to persons staying in the hotel and to myself; also two overcoats and a quantity of house linen almost new, which I have seen in the possession
of the police—this coat is one of those that I missed (Produced)—it belonged to one of our visitor?—all these forks and spoons produced are our property with two exceptions—they are all plated articles—I think I should be putting it very moderately if I say that the total value of the things stolen is £50—after the male prisoner left in October I saw him once when we wanted to see him about a registered letter which had been delivered at the hotel and was missing—he called, and I saw him passing through my office, but I do not think I spoke to him—I next saw him when he came and informed against his wife five or six weeks ago—it was on a Monday—he said he supposed I should be very much surprised to hear that his wife was the person who stole all the things from the hotel, and I said I was—he said she had had everything, and he volunteered the information that she was in a situation which she had obtained by not quite a straight character, not in her own name, at Folkestone—he gave me the address at Folkestone and the name under which his wife was passing—I went down to Folkestone and saw the woman on the Wednesday, and she made a statement to me—she showed me a letter—I know the male prisoners writing perfectly—this is the letter (Produced)—it is in his writing (Read): "Sunday. If you do not wire me £2 by 4 p.m. tomorrow, Monday, to Post Office, Leinster Terrace, W., I shall go straight to Mrs. Cosgrove and tell her all about West's £1 and the £7 matter, and also about the numerous things that you have in your possession. If you comply I will keep silent. I think the way you have treated me and the lies you have told about me has been most disgraceful. Now, mind, I have quite made up my mind this time that should there be no reply, and money, you can wire that, forthcoming by 4 p.m. sharp, I will go straight to Madam, and most probably she will have you arrested. If everything is right I will keep silent as before, so for your own sake do not fail. You had no mercy on me; I shall be exactly the same with you. Charlie H. I have no money for stamp"—the female prisoner did not give me any pawntickets.
Cross-examined by Charles Hardwicke. The detective produced the pawntickets in Court—I did not have them—this plate is exactly the same as some locked up in the billiard room—it has the same mark on it—I cannot possibly tell you where I got them; some were brought at Shoolbred's, some at Elkington's, and some, fourteen or fifteen years ago at Hatton Garden—these are my goods—I can swear to them—they were taken from a locked cupboard in the billiard room.
By the COURT. There are marks on them which vary, but these are the same as some I have at home—I cannot say that I knew the marks before the things were stolen, but I have compared them with my other things since, and they are exactly the same—this is a very small part of the property—there is no private initial on the plate—the key of the room was stolen one morning from the manageress's room while she was at her bath.
GEORGE RALLEY (Sergeant F.) On March 30th I saw the prisoner at Paddington police station in custody—he was charged with stealing the spoons and forks and other articles—these spoons (Produced) are part
of the property—when charged he said, "I know the things were stolen; I pawned some of them and had some of the money"—I saw his wife—she produced a letter and two pawn tickets relating to an overcoat, eight forks and eleven spoons and other articles.
Cross-examined. I did not get the pawn tickets from you.
STANLEY HUTCHINGS . I am an assistant to Charles Hutchings, pawnbroker, of 467, Fulham Road—these plated goods were pawned at my father's shop on February 13th by a woman whom I have not seen since—I cannot identify her.
The prisoner, in his defence on oath, said that when his wife left the prosecutrix's service in June or July she took with her all the articles produced; that when he left in the following October he parted from his wife owing to unpleasantness; that he afterwards wrote to her many times when he got good employment, offering to make a home for her, but never got any answer; that he had not made his wife steal the things; that she had stolen things from his parents and would therefore steal things from anybody else; that he had always borne a good character; that his father had offered to give him a fresh start in life; and that when his wife went away with the things from Mrs. Cosgrove's he was aware of it.
GUILTY . (See next case.)
MR. SIDNEY CLARKE Prosecuted.
MARY CHASE . I am single and live at Moscow Road—in November I got to know the prisoner in Shepherd's Bush—I was then in service—he kept company with me—we went to live together in North wood Avenue in February and March—I missed a ring and two dresses—we were not in lodgings; we had a house—the prisoner was not doing anything for a living—he said he was laying hearth tiles, but he did not bring any money home—he used to pawn my things to keep the place going—some of them were pawned with my consent, but a good many without it—he pawned a ring and two dresses without my consent—I thought he was single—he always told me that he was—when I missed the ring I asked him about it and he said he had not seen it—this is the ring and these are the dresses (Produced)—all the things which he pawned without my authority are not here—I had a good deal of property—I have been in service ever since I was fifteen and I am now twenty-six—I had saved about £15 in money—I have not got anything left now—the prisoner promised me marriage several times.
Cross-examined. I did not give you these things to pawn—I gave you two grey dresses one Saturday morning.
By the COURT. He told me to look in the dustbin when I missed the ring, to see if I had thrown it away in the dust.
The prisoner. I admit I took the ring."
WILLIAM ANGRA . I am a pawnbroker, at 21, King's Parade, Southall—this gold ring was pawned by the prisoner on February 17th for 5s.—these other things were pledged by him between February 2nd and March 4th—he got 25s. 6d. for the lot—the total value of the things he pledged, including those which the prosecutrix says she did not authorise him to pawn, would be about £3 4s. 6d.
GEORGE RALLEY (Sergeant F.) When I arrested the prisoner on the other charge I searched him and found a number of pawntickets on him—it was in the course of my inquiries that I found this young woman—she attended the police station and charged him—he did not say anything when he was charged.
The prisoner, in his defence, said that when he was living with the prosecutrix he pawned the ring for 5s., not with the intention of stealing it, but intending to give it back again; that he had not got rid of the ticket, and produced it when asked for it; that he had not pawned the dresses without her knowledge because she was in the house all the time; and that everything he pawned except the ring she was aware of.
GUILTY . The police stated that the male prisoner's father said he was a thorough bad lot and that there was no truth in the statement that the prisoner's wife had robbed him. CHARLES HARDWICKE— Three years' penal servitude. JESSE HARDWICKE— Three months without hard labour.
NEW COURT.—Tuesday, May 2nd, 1905.
Before Mr. Common Serjeant.
354. FRANCIS GAUL (28) PLEADED GUILTY to uttering counterfeit coin, well knowing the same to be counterfeit. Three previous convictions were proved against him. He received a good character for eighteen months after his last conviction. Six months' hard labour. —And
(355.) WILLIAM STRONG (17) , to uttering counterfeit coin, well knowing the same to be counterfeit. It was stated that he was under the influence of an older man, and had fallen into bad company; he had been convicted of felony and sent to a reformatory. One month hard labour. [Pleaded guilty: See original trial image.]
MR. PARTRIDGE Prosecuted.
MARIANNA FIETTA (Interpreted). I keep a confectioner's shop at 16, Castle Street, Oxford Street—on Wednesday, March 29th, I was in the shop when the female prisoner came in and took two pieces of cake, for which she gave me 2s.—the price of them was 2d.—I looked at the florin that she handed me and said to her in English, "It is not all right"—she said, "It is all right; it is a good shilling"—I then gave her 1s. 10d. change and she left the shop—Sergeant Fowler came into the shop and marked the florin.
NAOMI HAYES . I am the wife of Amos Hayes, of 173, Waterloo Road, where I keep a general shop—at 9 p.m. on March 31st the female prisoner came in and bought a pennyworth of chocolate, saying she did not feel very well—I said it would do her more good than a pint of beer—she gave me this shilling (Produced) and I gave her 6d. and 6d. in coppers change—when she had gone out Reed came in and marked the coin, which I put on one side.
FREDERICK REED (Detective, Scotland Yard). Fowler and Burnham, with myself, have kept observation from time to time on the prisoners—at 9 p.m. on March 31st I saw them in Waterloo Road, just the other side of the Waterloo Bridge—they were walking together towards the New Cut—I saw the male prisoner hand the female prisoner something, who came back to 173, Waterloo Road, which is the shop kept by Mrs. Hayes, where she entered—the male prisoner stood about 100 yards off, looking towards the shop—as soon as the female prisoner had left the shop I walked in and Mrs. Hayes handed me a counterfeit shilling, which I marked, and afterwards took possession of—on leaving the shop I saw the male prisoner turn down towards the New Cut, where he met the female prisoner outside Harvey & Thompson's, pawnbrokers—I saw the female prisoner hand he male prisoner something, and the male prisoner hand the female prisoner something—whatever it was that was handed to the male prisoner, he put it in his pocket, but I did not see what the female prisoner did with what was handed to her—they went through several back turnings and returned to the New Cut, where I arrested them—I seized the male prisoner, and, with the assistance of Police-Constable Woodley, searched him—I told him I was a police officer and should take him into custody for uttering counterfeit coin—he said to his wife, "Give me a kiss"—we found upon him 1s. 6d. silver in good money, 5d. bronze, and four counterfeit shillings, wrapped in a piece of paper with a layer of brown paper between each shilling, in his trousers pocket—I took him to the Kennington Road police station—on the way he said nothing, but on arriving there I said to him, "You know what you will be charged with"—he said, "I got them from a bookmaker to put on a belt," meaning the belt that they hang their satchel on across their shoulders—Woodley took the female prisoner, and they were both formally charged with uttering a counterfeit shilling, and possessing four counterfeit shillings—they made no answer.
Cross-examined by George Butier. I did not say to you when waiting at the Police Court that I had picked up a teapot in your room, but that it was so light that I thought there was nothing in it—I was behind you all the way to the station to see that you did not drop anything—I did not find a sovereign on you, or another 1s. 6d. besides the 1s. 6d. that was found on you—you gave me all you had, and it was then handed to the constable—I did not give you back 1s. 6d. and say, "I do not want to be hard on you. You can get some breakfast for you and your wife," nor did you, on the Wednesday that you were brought up at the Police Court, say to me, "If you do not give me that sovereign I shall acquaint the Magistrate"—I did not say, "Do not do that. You know I do not
want to be hard on you. Here is the sovereign. Say no more"—it is all a concoction on your part—I did not say to you when I arrested you, "Now, come on, George, it is all up. Own up like a man, and get the missus off"—when I saw you and your wife in Waterloo Road I followed you to your mother-in-law's house, where you waited half an hour for your wife, who went away—you then went to the Ship in Kennington Road with your mother-in-law and wife, and from there to Lambeth Walk, when you went to Aaron's, the bootmaker's, while your wife went to Harvey & Thompson's—your wife then came out and waited outside Aaron's for you, where her mother joined her with a little boy—I made inquiries at the shops you had been in, to see if bad money had been changed—you then went into the French Horn—you never purchased any eye-glasses whilst I had you under observation—your mother-in-law and the child left you, and you and your wife tried to board a tram—you gave the key of your room to another officer—we had you under suspicion, and that is why we watched you—you were very difficult people to follow.
By the COURT. I was in plain clothes.
Re-examined. The female prisoner had the purse in her hand outside Harvey & Thompson's, and also when she was arrested—any property found on the prisoners not relating to the charge is given back to them again, but a note would be made of all property found, in the officer's pocket book, and everything would be entered on the charge sheet—my note in my pocket book of the property found on the male prisoner is, "1s. 6d. in silver, good money, 5d. bronze, four counterfeit shilings wrapped separately in brown paper"—that was written down at the station at the time.
CLEMENT WOODLEY (46 L.) At 9.15 p.m. on March 31st I was in the New Cut, when Reed called me—I saw the male prisoner in custody, and the female prisoner a few yards ahead of him—Reed was searching the male prisoner when I came back with the female prisoner—Reed pulled out a shilling, a sixpence, about 5d. in bronze, and four counterfeit coins wrapped up in a piece of brown paper separately, with a layer of paper between each—there was no sovereign among the money that I saw—on bringing back the female prisoner Reed said, "This is a case of counterfeit coins"—I took the female prisoner to the station, and on the way I saw she had a purse in her hand, and I asked her whether she knew what was in it—she said, "Yes, there are two 2s. pieces and a shilling"—I examined it at the station and found in it two good florins and a counterfeit shilling—I held the man with my right hand and the woman with my left, Reed walking behind—another uniformed constable joined us at Waterloo Road, and he walked behind too.
Cross-examined by George Butler. When I showed the counterfeit coins to the inspector at the station he asked me where the paper in which they were wrapped was, and I picked it up from under the desk where I had thrown it (Produced).
Re-examined. I threw the paper away without a thought—I have not had much experience in counterfeit coin cases.
MARIA EVANS . I am the wife of George Evans, of 67, St. George's Road, Borough, where I let rooms—the prisoners had been my lodgers for three weeks before they were arrested—they came on March 11th and took the first floor back room at 4s. 6d. a week—during the three weeks else would have the use of that room, and I never went in—they did not have attendance—they had a key—at 9.30 p.m. on March 31st four gentlemen came to my house and one went away to get the key to the prisoners' room—I had not a key—they searched the room, but found nothing—they went away with the key—on the morning of April 1st two of the detectives came again, and I saw them find three small pieces of metal in a vase on the mantelpiece of the prisoners' room, which they took away—they gave me the key and I locked the room and took the key under my own care—I did not go there again until the Sunday week, April 9th, up to which time I had had the key in my possession—I unlocked the door and gave the room an airing and emptied the slops—I took up the prisoners' tin teapot from the right hand side of the hob, when I heard something rattle—I took it downstairs and in the presence of all my children I found twenty-seven shillings—I did not know then whether they were bad or not—they were all loose amongst the tealeaves and tea, and at the bottom of the teapot—another officer came on the Monday and I gave them to him.
Cross-examined by George Butler. On one or two occasions letters came for you which were not stamped, which you refused, and on one occasion you paid 2d. and took the letter in—I let six rooms altogether, keeping the two rooms downstairs and the front parlour for myself—during the time you were lodging with me there was a man and his wife and two children on the same floor as you, a man and his wife and one child upstairs, and a man and wife and child in the front room—they are very large rooms to suit the working-class—in the back room of the ground floor there were two lodgers, who have been with me for years—it would certainly not be easy for anybody to get access to your room—I never allow anyone to go in—I know nobody went in but myself after the detectives gave me back the key—I took a coat from your room when you were arrested—the pawntickets found are there waiting for you—I have no animosity against you, and I took you to be respectable lodgers—you owe me 29s. rent.
Re-examined. The police did not come after any of my other lodgers.
HENRY FOWLER (Detective-Sergeant). I have had the prisoners under observation for some time—at 7.30 p.m. on March 29th I saw them in London Road—they boarded a tram and rode to the foot of Westminster Bridge, where they got off—I boarded the same tram—they walked over the bridge, through Whitehall, Charing Cross, to Castle Street, Oxford Street, I following—they walked about twenty yards past No. 16, Castle Street, a confectioner's shop kept by Marianna Fietta, and stood at the corner of Margaret Street, apparently looking about—I saw the male prisoner put his hand to the female's—she then walked back to the confectioner's shop and looked in the window and shortly after went inside—through the glass I could see her having a conversation with
Fietta, and she shortly afterwards left—she pulled the door behind her and walked very hurriedly back to the male prisoner, who was standing at the corner of Margaret Street, looking in the direction of the shop—they turned into Margaret Street—I went into the shop, where I saw Fietta, who handed me this counterfeit florin (Produced)—I got her to mark it and left the shop in search of the prisoners, but I failed to find them—I afterwards went back to Fietta, marked the bad florin and took possession of it—on the night of March 31st, before their arrest, I saw the prisoners leaving Mrs. Evans and I followed them with other officers—I saw them afterwards at the Kennington Road police station, when I told them that they would be charged with uttering a counterfeit shilling to Hayes, and with being in possession of five counterfeit shillings, being the four found in the male prisoner's pocket and one in the purse—they made no reply—I do not think I said then anything about the counterfeit florin, but I charged them with that on April 19th, and with being in possession of twenty-seven more counterfeit coins, to which they made no reply—I did not see any sovereign that had been found on the male prisoner—when I saw the four counterfeit shillings they were out of the paper, which was lying by the side of them on the desk—counterfeit coins are usually carried with a layer of paper between each of them to prevent them getting rubbed.
WILLIAM BURNHAM (Detective). On the night of March 31st, having got the key from the male prisoner, I went with Fowler to 67, St. George's Road, and searched the prisoners' room there—it was dark—we looked about and found nothing—I went again on April 1st, when I found a spoon with metal adhering to it, and three pieces of metal, which are known as gets—the mould is made in two pieces and the metal is run into it, and the gets, which are attached to the coin, are cat off—I found them in a vase on the mantelpiece—the key was handed to Mrs. Evans on the morning of April 1st.
Cross-examined by George Butler. There was a table, a chair, and a bed and some ornaments on the mantelpiece—the search was not made to the extent of finding such little articles as the gets on the evening of March 31st, as it was dark and we wanted to do it in the daylight, which was much better.
Re-examined. I saw there was some tea in the teapot, and I did not try it—I have never heard of coins being hidden in a teapot amongst the tealeaves before.
WILLIAM JOHN WEBSTER . I am an Inspector of Coin at His Majesty's Mint—this is an iron spoon which has had some molten metal on it (Produced), and these are gets for shillings, judging from the size of them—I have seen thirty-two counterfeit shillings, all made from the same mould, arid this is a counterfeit florin (Produced)—it is impossible to say the life of a mould—a skilful maker can get as many as fifty coins from the same mould—these shillings are very badly made from a very rough sort of mould—a good maker would not have proceeded with a mould of this description—the florin is even worse.
The male prisoner, in his defence, said that he was introduced to a bookmaker,
who proposed that he (the prisoner) should start a business with him; that the bookmaker had a quantity of shillings to put on his belt; that by means of a trick this man had given him a bad 2s. piece which his wife, not knowing it to be counterfeit, changed; that the bookmaker had also caused to be put in his room the twenty-seven bad shillings and the other articles which were found, in order to incriminate him because he had led to the arrest of a coiner, who was now serving a term of penal servitude.
Evidence for the Defence.
WALTER ORMONDE BUTLER . I am a comedian and the prisoner is my son—I can strictly say that as a child from his school days he has borne a good character until a few months ago, when he got into this trouble—it seems very strange to me that he should have fallen—Blanche Butler is his wife.
Cross-examined. He has been charged with having a bad coin before—I believe he got it from the same source—it is correct that on March 23rd, 1904, only having one bad coin in his possession, he was discharged by the Magistrate—he must have fallen into bad company—he has mentioned the name of Bateson to me, a man who has got four years' penal servitude for a coinage offence—I may have heard the name of Griffiths, but I cannot say whether he had five years' penal servitude for a coinage offence.
GEORGE BUTLER GUILTY . BLANCHE BUTLER NOT GUILTY .
George Butler was stated to be an associate of coiners, and a maker of counterfeit coin— Fifteen months' hard labour.
OLD COURT.—Wednesday, May 3rd, 1905.
Before Mr. Justice Channell.
MR. PARTRIDE Prosecuted.
MABEL MARTIN . I am a domestic servant and have known the prisoner for a year last Easter Monday—I have been going out with him, and we were engaged to be married—I do not know how long we were engaged; I should think since about April 2nd—I was going away to a situation, and was advised to give him up, which I did—I cannot tell exactly when that was; it was about last autumn—I did not tell him I should give him up; I told other people to tell him—I did not speak to him when I gave him up—about March last I was called down to the door by Mrs. Adams, who lives at 100, Bayham Street, where I was then living—I saw the prisoner and told him I did not wish to have any more to do with him—he asked me to go out as he wanted to speak to me—I said I would go, but I was advised not to—that was on a Monday—I next saw him on Thursday, March 23rd, when he rushed up in a temper into the room where I was staying—he did not say anything—I did not see a
knife, but I found my throat cut—when he came in I said, "I will," because I thought he was going to kill me—I thought he was going to kill me, because he said I should have no one else—when he came into the room I was standing up, and tried to shut the door, but he got in—he did not say anything, but he drawed something; I cannot say what it was—it was then I said, "I will"—the next I remember was feeling my throat cut, and he then ran away—I was conscious—I was taken to the University Hospital, and was discharged on April 10th.
Cross-examined by the prisoner. I sent the message of the engagement being broken off to you through other people, because the other people were frightened to let me go, and thought you would do me some harm—I should have gone myself and have got married to you, but the other people told me not to—I was willing to marry you, but took the other people's advice, and thought they had better tell you instead of me—I did not want you to know where I was going—I did not meet you on the Wednesday, because Mrs. Adams would not let me.
LUCY ADAMS . I am the wife of Frederick James Adams, a labourer, of 100, Bayham Street, Camden Town—I know Mabel Martin; she is no relation of mine—I know the prisoner; he is the brother of my daughter-in-law—I have not seen him often until just before the day of the deed—I have seen him once with Mabel—since March she has been living with me—on March 2nd the prisoner came to my house—that was the day he said he would put the banns up, and I sent him round to my landlord to see about a room which was to let—he came again on the Saturday, when I took Mabel in and gave her a cup of tea—I do not remember how often the prisoner came to the house while Mabel was living with me—I answered the door to him twice—he did not come in, as I never allowed him to—I told him he could not see Mabel, as she did not wish to have anything to say to him, and she had washed her hands of him—on Thursday, March 23rd, I saw him when he molested me in Pratt Street about 11.40 a.m.—he was with another young fellow—he came to me and said, "Can I see Mabel?"—I said, "No, Fred, if you want any information you can ask my husband"—he waited until my husband came into dinner—whilst he was having his dinner the prisoner sent in and asked for Mrs. Martin—we told him that there was no Mrs. Martin in the house—I did not then see him—after my husband had gone back to work about 12.50 the prisoner rang the bell—I answered the door—he said, "Can I see Mabel?"—I said, "No, Mabel does not wish to see you"—he said, "I will see her"—he pushed the door in my face and flew up the stairs—the moment he got up the stairs a young man who was with him all the morning came and said, "Missus, he has got a knife"—I do not know the man's name—Mabel was upstairs in my back room—I heard her shriek—when I got upstairs I found her over the pail with the blood coming from her throat—I did not see the prisoner—I do not remember anything more until he was at his sister's house—I did not see him there, but I saw his sister, who was sitting in the kitchen—I do not know how he got out of my room—I was too much upset.
Cross-examined. I stopped the girl going out with you because I knew she was in fear of her life, as she told me twice you had put a cord round her throat in the street—I do not know what street—it was when you were out with her on the Saturday before I took her in—you gave her a blow, and put the knife at the back of her—I did not stop your sister in Pratt Street and say, "Alice, this is a nice thing your brother has done, got her into trouble and gone away and left her"—you have struck Mabel in our presence—you are a wicked bad fellow.
JOHN MCCLEARY . I am a messenger, and live at 100, Bayham Street—on March 23rd I was in the back parlour about 1.10 p.m.—Mrs. Adams came and said something to me in consequence of which I rushed upstairs—on the first floor landing I saw the prisoner running out of the back room as I got to the top of the stairs—I saw Miss Martin come out behind him—I saw blood flowing from her neck—as the prisoner rushed out I saw a knife in his right hand—he pushed me on one side and rushed down the stairs—he did not say anything—I rushed down after him—he went into the street—I chased him through Bayham Street and along St. Martin's Gardens—I was catching him up and he ran under a van and two wheels went over him—I should say he did it deliberately—he had taken his overcoat off—when I got up to him, he said, "Why don't they kill me?"—that was after it had gone over his legs—a lot of people got round—I said he had cut a young woman's throat—I went to fetch a policeman; I got one at the station—when I returned the prisoner was not there—about ten minutes after I saw him jump into a butcher's cart—we did not speak to each other then—the policeman was then behind me; he blew his whistle and the cart drove off—I afterwards saw the prisoner in custody.
Cross-examined. I and the policeman did not have time to stop the horse and cart—I was not a long way off—when I was on the landing I was a few feet from the door—Mrs. Adams was not on the stairs nor on the landing—I did not go into the room—I did not have time; I had only just got on to the landing as you came out of the room—I was standing behind Mrs. Adams as you came out—I do not know who put the knife in the opposite back-room; you must have put it there yourself—I do not know if the inspector went to the station and asked you where you had put the knife—I did not see the knife in the back room—I did not put a towel round the prosecutrix's neck—I did not stop the horses in the van, because I was not close enough—I saw you jump into the cart, and I did not see you any more until you were in custody—I did not speak to you—I did not say I would tease you—I did not say a word to anybody about teasing you.
ALICE ADAMS . I am the prisoner's sister, and the wife of Frederick Adams—I am by marriage some relation to Lucy Adams, and I live at 38, Georgina Street, Camden Town—on Wednesday, March 22nd, I saw my brother about 2 p.m.—he came to my place and asked if I would lend him a knife—he said he would go and cut some pieces of meat—I was going upstairs—I said, "Wait a minute," and when I came down he said it did not matter as he could borrow one—he seemed quiet—
he came back again about 4.30, and said he could not get any meat—I gave him some tea—he did not say anything about Mabel—I thought he was trying to forget her—I saw him again on the Thursday when he came just after 7 a.m.—we had a cup of tea and he had a wash—when he could get his money he was living in a lodging-house—when he came on the Thursday he seemed quiet—he went out with the intention of looking for work—I did not see him again until a knock came at my door and I heard he was run over—I went out into the street and saw him get up from under a van—I asked him what was the matter—he said, "Don't ask me," and he went straight up Georgina Street—he did not say anything about himself—I said, "Where are you going?"—he said, "I must do something with myself"—he went to the Midland Gates, and the man at the gates turned him back—a meat van came along and he got on it—I saw him again soon after in Georgina Street—I asked him what he had done—he said, "Don't ask. I am nearly dead"—he came again—I asked him to have some dinner—he said, "I can't eat it"—I said, "Tell me the truth; what have you done?"—he said, "I think I have killed Mabel"—I said, "What with?"—he said, "A knife"—I said, "Where is the knife?"—he said, "Round Adams"—I said, "Where did you get it from?"—he said, "Out of your drawer"—he went out from my house over the wall at the back—I said, "Go to the hospital and have your wounds done"—I meant where the wheels had gone over him—as I was opening the door I said, "Here is the police"—he went over the wall and I went to my baby—during the last few years he has visited me more than he has any of the others—he has had pneumonia or something, and several operations for his eyes at the University Hospital—that was when he was a little boy—he has never seemed right since—he has always moved his eyes about—I think he has a nasty, hasty temper.
Cross-examined. Mrs. Adams stopped me in Pratt Street and said, "A nice hole your brother has left Mabel in"—I said, "What do you mean?"—she said, "We have had a row"—I said, "Have you?"—she said, "You know"—I said, "How do you expect me to know if you do not tell me"—she said, "I am going to take her in and get her a place and get her in service"—I said, "How long will she stop in a place in the condition she is in?"—she said, "It does not matter. If anything does turn up she must do the same as a good many other girls do, she must go into the workhouse—I said, "It is a nice prospect. If you didn't want him why didn't you say so before, and save all this trouble?"—I knew you put the banns up—I know Mabel never had any quarrel with you until the Monday—I knew you had been to Mrs. Adams to inquire for Mabel—Mrs. Adams told me that the girl had not told you the engagement was broken off, because she was not there—she said you had gone to the house about it.
Re-examined. This pencil writing is something like my brother's letters which I have at home.
centre of the road—I stopped him, thinking something was the matter—he said, "I surrender to you for killing my sweetheart at 100, Bayham Street—I said, "What with?"—he replied, "A knife. I do not know if I have done it properly; it will mean Billington for me"—I conveyed him to Somers Town police station—he seemed to be sober—I did not search him—I was present when he was charged—he said, "All right."
Cross-examined. When you surrendered I took you past the house on the way to the station—we did not stop at the house for a minute—whil we were going by the door I did not hear McClery say anything to you—he did not say he would tease you—I did not hear you swear at him.
ARTHUR NEIL (Detective-Inspector Y.) I was on duty at Camden Town police station on March 23rd, when I was sent for to 100, Bayham Street—I saw the prosecutrix placed on the ambulance—I saw a large pool of blood in the first floor back room—I went to Somers Town police station and saw the prisoner about 4 p.m.—I said, "I am a police inspector"—I explained that the girl had been taken to the hospital on the ambulance—I said, "You will be charged for attempting to murder Mabel Martin by cutting her throat at 100, Bayham Street, to-day"—he said, "All right, I did it; I must put up with it. I intended to kill her. It is all through Mrs. Adams; she is the cause of it. I wanted to marry Mabel and see her through her trouble. She is in trouble by me. We were to have been married, but Mrs. Adams prevented it. I made up my mind to murder Mabel some days ago, and I went to the house with the full intention of doing it. I did it with a knife which I took from a drawer at my sister's house. You will find the knife in the room where I did the job. I threw it away when I saw the blood. That which is written down in that book and which I gave to the sergeant is the truth"—this book was handed to me by the sergeant—I had it in my hand when he said that—when charged he said, "All right."
Cross-examined. I cannot tell you who put the knife in the opposite back room—it was handed to me by a young girl who lives in the next room—I never asked you for the knife—you said it would be found in the room where you did the job—the only explanation which I can give to its getting into the back of the room is that you threw it there—the door is exactly opposite the room—[The extracts from the book found were then read]: "I have intended to murder you, Mabel, this last month or more. I have come to my sister's and got a knife to do it and I will do it if I don't see you before you go to service. Mrs. Adams is the cause of it all, so very likely she will tell the Magistrate all about it at the inquest when I do the murder, what I have intended to do before she goes to service, March 23rd. If anybody wants to know the reason I am going to do this murder ask Mrs. Adams; she will tell them all about it and the reason why I done it. She is the cause of it and she knows it is true what is written down here. I will draw to a close until I have done the murder, which I intend to do before March is out and come in. F. Joyce, March 22nd"—"March 23rd. Mabel, I intend to kill you as soon as I meet you out; I do not care if you are with Mrs. Adams or not. She has enticed you
to do what you have done, so I will put a stop to it all at once. I will draw to a close, as I am anxious to kill you at once to-night. Joyce."
ANNIE ROGERS . I live at 100, Bayham Street—on March 24th, about 6.45 p.m., I found this knife (Produced) behind my back room door, which is on the first floor, and right opposite the room Mabel used—there is a landing there—there is a door facing mine—the blade of the knife was pointing to the door—father handed it to the police as soon as I found it—I did not feel if it was wet.
Cross-examined. No one told me to say that I found the knife there—I do not know if our door was shut when you came out of the room; I was at business—my father has not told me to say that I found it—I was at work and found it next day—I don't know if any of our people were at home at the time of the assault—we leave my little brothers to shut the door—they do not come home in the middle of the day—my brother may have left the door unlocked—he is eleven years old—I know nothing about the knife except that I found it.
JOHN THOMPSON . I am Divisional Surgeon at Somers Town—I was called on March 23rd to 100, Bayham Street—I found Mabel Martin lying on the floor of the back room in a pool of blood—she appeared to be lifeless, but on getting those about to turn her over I saw some marks of life—I immediately sent for some brandy, which I administered to her, and attended to the wound in her throat by applying pressure and so on, to stop what little bleeding there was left—I found a very long wound, reaching from the lower lobe of the left ear to the middle line of the throat exposing all the internal parts—after giving her the brandy and putting her into a better position and using surgical aid, she revived—I then ordered the ambulance, and had her taken to the University College Hospital—the wound would not require much violence with a sharp knife—it could have been caused by this knife—I could not attend to the case in Bayham Street, so sent her to the hospital and followed her.
Cross-examined. The girl was in the back room and lying on her face when I arrived.
HAROLD TURLEY MANT . I am house surgeon at University College Hospital—the prosecutrix was brought in on an ambulance—she had a very dangerous wound in her throat—under treatment it healed up perfectly, except a small portion of about an eighth of an inch, which was kept open by a discharge—she is quite well now.
JOHN MCCLEARY (Re-examined by the COURT). I live in this house, and know the Adams' room—I can hardly recollect whether the door was open or shut when I went up on to the landing—I go home for dinner in the middle of the day—I do not notice whether the door is generally shut or not, because I have no cause to go up there.
MABEL MARTIN (Re-examined by prisoner). When I found my throat was cut I stood until I could stand no longer, when I walked to the door and went upstairs—I met the person upstairs, who said, "Don't come near me"—then somebody came from downstairs; it was supposed
to be Mr. Jennings, who said, "Put this towel round your neck and sit there until I get a doctor"—the blood ran on the floor, so I thought if I had a pail, it would catch some of it; I got the pail myself; I don't remember seeing Mrs. Adams after it happened; she was frightened to come near—I do not remember seeing her on the landing—I did not go downstairs—once you put a cord round my neck in Arthur Street—I cannot remember when it was; it was one night—you never offered any violence to me before the throat cutting, only you told me you would do it—I told Mrs. Adams you put a string round my neck, which was true—I did not keep to you because I was advised by other people not to—if I had acted on my own responsibility I should have stuck to you.
By the JURY. When the prisoner came into the room and I said, "I will," it was because I wanted to stop him—the other times I wanted to marry him because I liked him.
Prisoner's defence: "It was only done in a fit of passion; I liked the girl, and loved the girl; she was in trouble and I wanted to see her through it. The girl was led astray by Mrs. Adams; if it had not been for Mrs. Adams we should have been man and wife by now. I am very sorry for what I have done now."
GUILTY . Ten years' penal servitude.
358. DENNIS BERNARD (16), otherwise MYER CHAMPAYNE , PLEADED GUILTY to feloniously sending to, and causing to be received by, Martha Tyler a letter demanding money from her with menaces, well knowing the contents thereof.
He received a good character. Discharged on recognisances.
MR. HUTTON Prosecuted.
NOT GUILTY .
NEW COURT.—Wednesday, May 3rd, 1905.
Before Mr. Recorder.
360. ARTHUR EDDY (25) PLEADED GUILTY to obtaining from William Francis Clatworthy banker's cheques for £12, and £25 4s., and other sums; also to obtaining £2 and other sums from Annie Stevens; also to incurring debts and liabilities to the same persons with intent to defraud;. He received a bad character. Three years' penal servitude. —
(361.) FANNY LEE (26) , to endeavouring to conceal the birth of her newly-born male child by a secret deposition of its dead body. Two days' imprisonment. — [Pleaded guilty: See original trial image.]And
(362.) THOMAS BROUGH CAMERON (66) , to applying a certain false trade description to certain bottles of wine, to wit, Taylor's 1896 Vintage, bottled in 1898. It was stated that the prisoner had authorised an apology to be inserted in certain newspapers, and would pay the costs of the prosecution. Discharged on recognisances [Pleaded guilty: See original trial image.]
MR. E. H. COUMBE Prosecuted.
ANNIE TURNER . I am a shop assistant and live at Camberwell Road—on the morning of April 19th I was in the Post Office at 89, Finsbury Pavement—I had just bought some stamps, and was going to pick up 6d. change, which the girl had put on the counter, when I found it had disappeared—the prisoner snatched my purse, and I screamed and ran after him—there were no other customers in the Post Office except the prisoner and myself—he ran out into Finsbury Pavement, and I ran after him as fast as I could—I lost sight of him—I next saw him on the steps of the Cusack Institute under arrest—I had half a sovereign, a shilling, and 2s. 6d. in stamps in my purse—this is the one (Produced).
By the COURT. I did not lose sight of him until the last corner; there are five corners—where I saw him again is not far from the last corner.
DAVID JEFFERY . I am a mail driver for the contractors to the G.P.O.—on April 19th I was outside the Post Office at Finsbury Pavement when I heard a lady call out, "Stop thief"—I saw the prisoner running—I have no doubt whatever that he is the man—I gave chase after him, and never lost sight of him until he ran into the Cusack Institute, which is about three minutes' walk from the Post Office—I saw him about two or three minutes after, sitting down in the restaurant in the basement—he was very white and shivering, and also puffing and blowing as if he had been running—I asked him what he had done with the purse, and he said, "You have made a mistake"—I saw the purse handed to Miss Turner by a gentleman at the top of the stairs.
Cross-examined by the prisoner. There are three entrances to the Cusack Institute.
BERTRAM COTTERELL WALLIS . I am a teacher at the Cusack Institute—on April 19th I found this purse (Produced) in the Institute in the corridor which leads between two entrances into the building, and with another entrance downstairs into the basement where the restaurant is—a person going in at the door would have to pass the place where I found the purse.
FLORENCE PICKARD . I am a waitress at the restaurant at the Cusack Institute—on April 19th the prisoner came downstairs and asked for a cup of cocoa—I did not notice anything about him—somebody followed him and the police came in—he was there about fire minutes before anybody came and took him; I did not notice exactly the time—there was no other customer in the restaurant at that time.
The prisoner, in his defence, said that he was sitting in the restaurant when Jeffery and some policemen came in and arrested him for stealing a purse; that he knew nothing of it, and that it was a case of mistaken identity.
GUILTY . He then PLEADED GUILTY to a conviction of felony on May 29th, 1899, at this Court. Two previous convictions were proved against him. Nine months' hard labour.
MR. COURTHOPE Prosecuted; MR. THORNE Defended.
WILLIAM THOMAS WILCOX . I am a commercial traveller, of 18, Woodfield Road, Bristol, in the employ of George Angus, Ltd., of Liverpool and Newcastle-on-Tyne—on April 13th I was here on my usual business, and at 4.15 p.m., as near as I can say, I was walking from the bottom of Bethnal Green Road into Commercial Street down Wheeler Street—I had just come from underneath the Great Eastern Railway Bridge, and had got to the corner of Quaker Street, and was going along with my sample bag in my right hand, when I got a tap on my left shoulder—I turned round, as I thought the customer whom I had just left wanted me—simultaneously I got a blow in my stomach which caused me considerable pain, and at the same time my watch chain, with a Masonic emblem which was attached to it was snatched—my watch remained in my pocket—I saw a man running away instantly afterwards; I saw just the back part of his side face—when I got my breath I shouted, "Stop thief"—several people got round me as if it were part of a gang, which prevented me following him properly—I did not catch him—the prisoner is the man who attacked and robbed me—on the Wednesday following, April 19th, I went to Worship Street police station, where I saw about ten or a dozen men, perhaps more, in a row in a yard, and I was asked to identify the man who attacked me—I pointed him out.
Cross-examined. saw from the prisoner's ear to the back of his head, and I could see his complexion; I did not catch sight of his full side face, but part of it—I identified him by his age, and the colour of his hair as much as anything—I should say the man who attacked me was about twenty or twenty-two, and I am still of the same opinion on seeing the prisoner—he was wearing a sort of bluish-grey jacket exactly similar to the one he has on now, and he is dressed the same as he was then—on all the occasions I saw him at the Police Court he was wearing the same suit of clothes; I am quite certain about that—I cannot say if it is the identical suit.
MYER PADOLSKY . I am fourteen years old, and live at 22, Garden Street—on April 13th I was coming home from school, when at 4.45 p.m. I was at the corner of Wheeler Street—I saw the prosecutor coming along—the prisoner snatched hold of his chain and ran away—I ran after him, but did not catch him—on the Saturday after I saw him again in Brick Lane gambling with some boys, and I recognised him as the man who had done this on the previous Thursday—I went up to an officer, and told him all about it—I had known the prisoner two weeks by sight before this occurred—I saw him first in Old Montague Street, standing with some boys there—when he robbed the prosecutor he was wearing a coat and cap that was nearly white, not like the clothes he has got on now; he has changed them—the next time I saw him after I told the policeman about to was at the Police Court.
Cross-examined. The prisoner was walking in front of the prosecutor,
and I was standing behind them when this happened—the prosecutor ran after the prisoner, but the prisoner ran faster—I passed the prosecutor running after the prisoner—I did not see the prisoner again that day—my school is about ten yards from where this happened—I got out of school at 4.30 p.m.—it was the prisoner's face that made me recognise him again in Brick Lane—I saw the whole of his face—I saw him standing there playing with some boys before he attacked the prosecutor—I recognised him as the man I had seen standing about the corners the previous fortnight.
By the JURY. I did not see the prisoner hit the prosecutor in the stomach.
ALFRED PADDOCKS (45 H.) About 5.45 p.m. on April 15th I arrested the prisoner in Brick Lane as the result of a communication Padolsky made to me—the prisoner was in the coffee shop, and I told him I should arrest him for stealing a watch chain in Wheeler Street—he replied, "Guv'nor, I think you have made a mistake; I do not know anything about it."
Cross-examined. He was wearing the same clothes as he has on now.
The prisoner's statement before the Magistrate: "I had a different suit on altogether; a light jacket, black trousers, and a white handkerchief round my neck, black boots. I was at the Forrester's at the time."
By the JURY. Some afternoons there are performances at the Forrester's—I cannot say whether there was one on that afternoon.
The COURT held that there was no case of robbery with violence, but simply one of larceny.
The prisoner, in his defence on oath, said that from about 2 to 2.15 p.m. till 5.30 or 5.40 p.m. he was in the Forrester's music hall with Polly George, whom he saw to her home afterwards in Rushworth Street, and went and had his tea; that he was wearing a grey jacket at the time with a dark waistcoat having only one other jacket, which was a grey one also, and had only bought the suit he was then wearing the day after the robbery; that he had never seen the prosecutor before in his life, and had been nowhere near Wheeler Street that day.
Evidence for the Defence.
POLLY GEORGE . I live at 11, Stewart Street, and know the prisoner—I went with him to Forrester's music hall at 2.30 p.m. on April 13th—we stayed there till about 5.40 p.m.; I am not sure what the time was, and I then went home and had my tea—the prisoner was in my company all that time—he was wearing some kind of a tweed, but I am not sure what clothes he had on.
Cross-examined. I remember there were four extra turns, and the Noble Brothers were there—I do not know that a boxing entertainment was given by two men—I think I remember the Brothers Horn and a boxing show—it is such a long time ago, I cannot remember everything—I did not take much notice of the prisoner's clothes.
Re-examined. I am certain he was not wearing the suit that he has got on now—I did not see any programme.
SAMUEL LEVY . I live at 55, Buxton Street, and am employed there by a tailor—last Friday two weeks the prisoner came in and bought a suit for 15s. paying 1s. on deposit—the trousers did not fit him and he brought them back again and we gave him another pair—he then paid the 11s. and left his old suit (Produced) to be repaired—the suit he bought is the one he is wearing now—I had not seen him before that.
Cross-examined. I am sure it was Friday, April 14th.
NOT GUILTY .
ANNIE DAVIES . I am a married woman, of 30, Crew Street, Stepney—at 6 a.m. on Thursday, April 27th, I went to 69, Essex Road, to see the landlord, Mr. Woodcock—I knocked at the door and the prisoners came—I knew them as lodgers there—they said the landlord was not in and asked me to come inside for a little while as he might be in presently—I went through the shop into the parlour, where I saw a man, whom I did not know—one of them was talking to me when Harrison put her hand in my pocket and took out my purse, which contained three half-sovereigns two half-crowns, and a postal order for 8s. from Wales from my husband, who is a cattle dealer—I told her to put it back, and she did so, but I found it was empty—I said, "If you do not give me every penny back, I will charge you"—they said, "Do not be silly. Do not get so excited"—I said, "Let me out," but they would not do so—they said, "We will give you every penny back, only keep quiet"—they locked me in, and both went out two or three times—they did not say they had not got my money—they locked me up for two and a half hours, and as soon as they let me out I said, "I will charge you," and I went to Upper Street police station as fast as I could go—a policeman came down with me and I gave the prisoners into custody.
By the COURT. About three times they went out and bought beer in—I saw them go out into the street through the glass door—I did not sign this postal order for 8s. (Produced)—nor did I give anybody authority to do so.
Cross-examined by Harrison. I did not go there at 4.30 a.m. that morning, nor was I drunk; I was quite sober—I slept that night at my lodgings.
By the COURT. I had just left a situation and I wanted to ask Mr. Woodcock, whom I had known for a long time, whether he knew of any rooms to let.
Cross-examined by Clydesdale. I did not come to you the Tuesday morning before, this being on the Thursday—I was in work then—you said that Mr. Woodcock was in a case at the Clerkenwell police station
and I said, "I hope he will get on all right"—I did not tell you that I had woken up that morning on the steps of St. George's Church at 2 a.m. nor ask you to take me in—I did not ask you for a drink; I could get that for myself—I did not take off my coat and boots and skirt—I did not ask you to lend me a shilling, saying, "I have not got a cursed penny."
DAVID WILLIAMS (Sergeant N.) About 9 a.m. on April 27th the prosecutrix came to the police station—she was sober, but I should say she had been drinking—there was a little dry mud on her coat behind—I am a Welshman and I spoke to her in Welsh—she told me that the prisoners had robbed her of 35s., made up of three half-sovereigns and two half-crowns, and a postal order fox 8s.—I went with her to 69, Essex Road, where she gave the prisoners into my custody—I charged them with robbing the prosecutrix, and they made no answer—they were drunk, but I should say they were sober enough to understand the charge—there was a lot of beer about the house—I took them to the police station, where they were formally charged, when Clydesdale said, "We were never outside the house"—I was present when they were drawn up with other women to be identified by two Post Office clerks at 1.30 p.m. later in the day—one identified Clydesdale, and the other failed to do so—before I took the prisoners into custody I went to the post office opposite 69, Essex Road, where I learnt that a postal order had been cashed for 8s., but I could not then obtain possession of it—on Harrison was found 2s. and on Clydesdale 2s. and 7d. in bronze—the only other person in the house was a man who was very drunk—there was no charge brought against him.
Cross-examined by Clydesdale. I arrested you at 11.30 a.m. that morning—I made inquiries about the postal order before I arrested you.
By the COURT. Clydesdale was by that time fairly well and Harrison was better.
MARTIN HALFORD . I am a clerk at the Northern District Post Office 46, Essex Road, Islington, and live at 33, Lorne Road, Finsbury Park—I was on duty on the morning of April 27th when a woman came in and changed a postal order for 8s.—it was unsigned and I said to her, "Fill in the name of this office, Northern District Office," and she filled it in and signed it—I am unable to identify her.
Cross-examined by Clydesdale. It is true that I said before the Magistrate that it was 8.30 a.m., and that the woman tried to fill it in three times altogether, and on the third time I lent her my pen.
FREDERICK CRAWLEY . I am a clerk at the Northern District Post Office and was on duty there on the morning of April 27th—about 8.30 a.m. this postal order (Produced) was brought in by Clydesdale, who was suffering from the effects of drink—I saw Halford pay her the money—she filled her name up in the postal order—she was in the Post Office from three to five minutes—between 1 and 1.30 p.m. I saw a number of women in a yard at Upper Street police station, from whom I picked out Clydesdale.
Cross-examined by Clydesdale. I noticed you because of your condition, and you could not sign the name "A. Davies"; you had three
attempts at it—I was disengaged at the time, and I had every opportunity of noticing you.
By the COURT. There was no one else in the office—I have no doubt that she is the woman.
Harrison's statement before the Magistrate: "I know nothing of the money or the order."
Clydesdale's statement before the Magistrate: "Mrs. Davies came to the house to me to sell stolen stuff for what she could get. She has persistently annoyed me."
Harrison: "I know nothing about the money or the postal orders. I have no witness."
Clydesdale, in her defence, said that the prosecutrix came to the premises very drunk, and covered with mud, saying that she had found herself on St. George's Church steps, and could she borrow some shillings from her (the prisoner); that she went out and returned with a police sergeant; and that the prosecutrix never had a purse with her when she came.
(See next case.)
MR. ANGUS CAMPBELL Prosecuted.
ELIZA PINK . I am a wardress at Holloway prison—I received the prisoner into my charge on August 16th, 1901, she having been convicted of felony at Worship Street Police Court—I was not present at the trial—she had been in my custody before then many times.
GUILTY . Fourteen previous convictions were proved against her. Nine months' hard labour.
MR. ANGUS CAMPBELL Prosecuted.
ELIZA PINK . I am a wardress at Holloway prison—I was present in Court when the prisoner was convicted for having stolen on March 14th, 1902, two boxes, a mackintosh and other articles, the property of Nora Walsh, in the name of Cissy Clark at Clerkenwell Sessions on April 8th, 1902—she was sent to Wormwood Scrubbs—I was not a witness in that case—I did not know her before.
GUILTY . Six months' hard labour.
THIRD COURT.—Wednesday, May 3rd, 1905.
Before Mr. Common Serjeant.
MR. WILKINSON Prosecuted.
picked it up, it looked like a bad one and I gave it him back, and said it was a bad one—he said, "Is it?"—he gave me 1d. and walked out—he sounded it on the floor as he went out, and said, "It does not sound like a bad one."
MARGARET HONING . I reside at 94, Clifton Street, Finsbury, where my husband carries on a tobacconist business—on March 4th, about 4 p.m., Smith came and asked for two 1d. scones—he put down a 2s. piece—I said I did not like the look of it—he sounded it on the counter and said, "It sounds all right"—he went out without purchasing anything—I went to the door to see which way he was going—I saw two or three men with him—I saw their backs—a constable came into the shop—Smith had taken the coin away.
HALLMAN GARDINER (194 G.) On March 4th I was in Old Street with Police-Constable Swallow in plain clothes about 4.15—I saw the prisoners loitering about in a suspicious way and kept them under observation—I saw Lewis go into a shop in Paul Street, come out and join the other prisoners—I followed them with Swallow on the opposite side—I saw Smith enter 88, Paul Street, and come out—he joined the other prisoners a short distance down the street—I followed them to Clifton Street—I saw Smith enter No. 94—the other prisoners remained a short distance down the street—Smith came and joined them—I followed them into Great Eastern Street—Swallow went to the baker's shop after Smith had left it—we came up and arrested them—Swallow searched Wheeler at the station—this florin was handed to me by a person passing—this shilling was picked up in the road and handed to me.
Cross-examined by Wheeler. I thought you were trying to steal from outside shops—I said at the Police Court I thought you were trying to snatch something from passers by.
Cross-examined by Smith. I first saw you in Old Street—you went into the shop at 88, Paul Street.
JOHN SWALLOW (310 G.) I was with Gardiner and followed the prisoners through Paul Street and Clifford Street—I went into Bourn's shop after Smith had left—he joined the other two, who remained on the other side of the road—I followed them to Great Eastern Street, where they were stopped and arrested—I said to Smith, "I shall arrest you for uttering counterfeit coin"—he said, "I don't know nothing about it; I am not with the other two"—Lewis had something in his right hand which he threw into the road—I saw this shilling picked up and handed to Police-Constable Gardiner—Lewis turned very violent and struggled to got away—then he said, "All right, I'll go quietly"—with assistance I took all three prisoners to the station—they made no reply to the charge—I searched them—on Wheeler I found these six counterfeit shillings, dated 1879, loose no his pocket—on Smith I found 1d., and on Lewis eight counterfeit 2s. pieces—two were in his right-hand vest pocket, wrapped in this white paper, and the other six in his right-hand trousers pocket, all loose; also a florin broken into two pieces in his left-hand vest pocket, and in good money 11s. 6d.—seven shillings and the rest in sixpences.
Cross-examined by Wheeler. You had some Brazil nuts—you did not
say where they were bought—the bag of sweets found on Smith had a name on it—I went to that address and was told no bad money had been taken—you did not resist the police.
Cross-examined by Smith. You were at the first shop about 4.20 p.m.—between that time and when you were at the second shop fifteen or twenty minutes might have elapsed—they are more than 500 yards apart—you went into a urinal with Wheeler—Lewis waited outside.
WILLIAM JOHN WEBSTER . I am Inspector of Coin to His Majesty's Mint—I have examined these eight florins—they are all counterfeit and of the same mould—these eight shillings are also counterfeit and of the same mould—one of the florins was broken, it might have been by the teeth.
The prisoners' statement before the Magistrate: Wheeler: "Lewis came up to me on the day I was arrested and said that in Great Eastern Street he had kicked along a parcel, and when he opened it he found some money in this packet. He showed me this money and asked me if it was all right, so I took one of the shillings and tried it, and I broke it and said, 'I do not think the shillings are any good.' When I tried to break a 2s. piece I found I could not break it, so I was under the impression that the 2s. pieces were good, so I gave him the money I had, and took away the separate 1s. pieces, so that my good money could not be mixed with the money that I came to the conclusion was bad. Afterwards, walking into Old Street; we met Smith. We told him we had found some money. He asked me if we were going to treat him. I said, 'Take one of the 2s. pieces,' and I told him to go and get a couple of scones. He took it, thinking the same as I did, that it was good money. So he took it into the cake shop, and they said it was no good, and they did not like it, so I told him to take it somewhere else. They told him also it was no good, so we were making towards home, through Great Eastern Street, when the two plain clothes officers came and arrested us on suspicion. For the minute I was very much surprised, and could not make out what was the matter. When he told us he was going to arrest us on suspicion I said, 'All right, we will go.' "
Smith: "About 3 p.m. on Saturday week I was proceeding to Exmouth Street. Clerkenwell, to see my father, when I met Lewis and Wheeler at the side of the City Road. Wheeler asked me where I was going. I told him I was going to see my father at Exmouth Street, Clerkenwell. He said, 'I have just had a piece of luck.' I said, 'What is that?' He said, 'I have found some coins.' I said, 'Well, you had better treat me now, then.' He said, 'All right.' We turned back. He then gave me a 2s. piece, and told me to get him two scones in the baker's. I went in and asked for two scones. The woman in the shop, the keeper of the shop, said she did not like the look of the 2s., which I was under the impression was good. I bounced it on the counter, and said, 'I think it is all right by the sound of it.' To make sure whether it was good or bad I went into a confectioner's and tobacconist's shop close by, and asked for a packet of Woodbines. The young lady said, 'I do not think it is a good one,' and I paid for the Woodbines with a penny. I came out of the shop, joined Lewis and Wheeler, and gave them the 2s, back, and
told them it was bad. They said, 'Well, I think we will go home.' We were going through Great Eastern Street towards Spitalfields, when the two officers in private clothes came up and arrested the three of us on suspicion of counterfeit coin. I said, 'I know nothing of them,' and I was taken to the station. Nothing was found in my possession."
Lewis: "About 2.30 p.m. on the Saturday when we were arrested I was walking along Great Eastern Street when I kicked a bundle and picked it up. I found eight 2s. pieces in it. I put them in my pocket, and went down Commercial Street. There I met Wheeler. I showed Wheeler the money, and he took one of the shillings and put it in his mouth, and broke it, and took them away from me, and said they were no good. He then took one of the 2s. pieces, and tried to break it, and could not. He said it was good. The two of us then went down Old Street, and there we met Smith. Smith asked us to treat him, and I gave him one of the 2s. pieces. He said he felt rather hungry, so I told him to buy a scone, and he went in a shop. When he came out he said that the woman said it was no good. I then asked him to get me a packet of Woodbines, and he went into a tobacco shop. When he came out of this shop he said that the woman said it was no good. I took it away from him, and we were making towards home, when we got into Great Eastern Street, two officers in private clothes arrested us, saying they had suspicion we were uttering counterfeit coins. They took me to the station, and they searched me. They found 11s. 6d. in silver, and 6s. 8d. in coppers, eight 2s. pieces in bad money, and one shilling broken. I said that I had these in my possession, thinking they were good."
Wheeler, in his defence, said he had no felonious intention, and that he thought the coins were good. Smith handed in a written statement. Lewis said he did not want to say anything. WHEELER, against whom seven convictions were proved— Five years' penal servitude. SMITH, against whom there was one conviction— Fifteen months' hard labour; and LEWIS— Six months' hard labour.
MR. WILKINSON Prosecuted; MR. CUSTIS BENNETT Defended.
ARTHUR BARNES . I am a bookmaker, of 131, Malvern Road, West Kitburn—on April 4th the prisoner came to me about 1.30 in Denman Street, S.E., near the Railway Approach—he flourished this slip of paper—this coin was wrapped in it—there are three names of horses, and "1, 2, 3," which means for a place—he ran away before I had time to open the paper and look at the coin—I made tracks for him, but he disappeared—when I saw the coin was bad I tried to overtake him, but he had got too much lead—I wrapped up the coin in the same piece of paper, and put it in my waistcoat pocket till he came about 9.20 p.m. and demanded 12s. 6d., saying his horses had won—I called him on one side from seven or eight other men, and asked him would he be satisfied if I gave up the coin and the slip of paper he gave me?—I showed him the coin and the paper,
and told him the coin was bad—I said, "Of course, you know what you gave me?"—he said, "I gave you two bob, and I want 12s. 6d."—I said, "All you will get from me will be the same coin and the paper; you won't get 12s. 6d. from me"—he started abusing me, then he called a police-constable—we argued the point for about forty minutes—he charged me with fraud—I said to the constable who was passing, "Excuse me, I think this young fellow wants you"—we all three went to the police station—there I explained matters to the inspector, who released me—the prisoner was detained and searched—I showed the coin and the betting slip to the inspector, as it was—I had no other coin in that pocket; all my money was in my trousers pocket.
Cross-examined. Betting is not in favour by the police, but people who bet do not run away—that raised my suspicions—I did not ask him to go away.
PERCY TAYLOR (444 M.) On the evening of April 4th I was on duty in Denman Street, near the approach to London Bridge—Hathaway said he wanted to give Barnes into custody for defrauding him of 12s. 6d. on a bet with money he gave him in the morning—Barnes replied, "This man applied to me at 1.30 p.m. to-day and gave me a bad 2s. piece wrapped in paper, with the names of horses written on the paper, and the horses have won"—he added that immediately he looked in the paper he saw it was a bad 2s. piece, and that Hathaway had run round London Bridge approach and down the steps leading into Joiner Street, and that he went to look for Hathaway, but could not find him—Hathaway said, "I did not give him the bad coin"—I asked them to accompany me to the police station, where the case was explained to Inspector Fergusson—then Hathaway was charged with uttering a counterfeit coin, and Barnes was allowed to go away—when the charge was read over Hathaway replied, "I did not give the man a bad coin"—on searching him I found a sixpence and two pence good money—he gave his address, 49, Nursery Road, Walworth, where I went about 9.45 the same evening and made a search—I saw Hutchings, the landlord.
Cross-examined. I was called first by the prisoner—after his complaint Barnes said the 2s. piece was a bad one—when asked for his address the prisoner gave it to me at once, 49, Nursery Road, which I found was correct—I went there about 9.45 p.m.—I did not search the ashes or cinders—I looked up the chimney and under the bed.
EDWARD DARBY (Police-Sergeant M.) On April 9th I went to the house where the prisoner had been lodging at 49, Nursery Road, the prisoner having been arrested on the 4th—I saw the landlord—I had called between the 4th and 9th twice, when the landlord not being there, I could not get access to the room—on the 9th on searching the prisoner's room I found amongst a quantity of ashes under the fire grate, having raked out the bottom part of the grate, this mould, which was broken in two—there wore three or four days' accumulation of ashes—inside the fire grate I found another portion f a mould which has been burnt, and these portions of broken moulds—this piece has an impression of the milling—this saucepan was in the fender half full of cinders and ashes—I turned the
cinder and ashes out with my fingers—I found the dross of metal, and little pieces of lead, showing that lead had been melted, in the saucepan, and near the fireplace I picked up a piece of cloth with little pieces of lead adhering to it—I also found some metal cloth for finishing the coins—I put them in the bags since—the room was very disorderly—in a cupboard in the room I found this paper bag containing silver sand, and another bag on the mantelpiece containing plaster of Paris, also a bowl in the room with a lot of sediment of plaster of Paris about an inch thick at the bottom, and apparently some Hudson's extract of soap had been used—it was about a quarter full of water—Hutchings, the landlord, helped me to search the room—his wife also was present—on Wednesday, April 12th, on the prisoner appearing on remand I showed him these things and told him I should charge him with making and possessing counterfeit coin—when the inspector was taking the charge, he said, "How can you charge me with making? You can only charge me with unlawful possession of coining implements"—that was written down, and these things were opened out in his presence, and I said, "This is what I found in your room"—when the charge was read over he said to the inspector, "Do you charge me with making?"—the inspector replied, "Yes"—he then replied, "All right."
ALBERT HENRY HUTCHINGS . I am the-tenant of 49, Nursery Road, Walworth—the prisoner occupied the first floor back room at 3s. a week with his wife and child—he was arrested on April 4th when he had been there about a week—I was present on April 4th when the officer searched the room—after that the room was closed—I do not think the door was locked—the wife was away—I took Darby into the room on the 9th—between the 4th and the 9th no one was there—my wife let the room—I do not keep anything on the premises for making or altering jewellery.
Cross-examined. I am out at work in the day—I believe no one went into the room, and I have respectable lodgers—I saw Taylor search the room—he found nothing—the sergeant found a lot of things.
Re-examined. On the 4th the officer searched all the room, the chimney the bedding, the carpets, and looked in the cupboard—I am a scene shifter at night time and a jobbing jeweller in the day—I was out of employment about April 4th, and at home during the day—when I was out in the daytime my wife was at home—I am the householder—my wife is there every day.
WILLIAM JOHN WEBSTER . I am Inspector of Coin to His Majesty's Mint—this coin is counterfeit—the articles produced are part of the stockin-trade of coiners—one piece of mould shows the graining on the edge of a florin, not the milling; the milling is on the surface on both sides—this is the first time I have seen a hairpin in connection with coining, and I should say it got accidentally mixed up with the other things—the silver sand belongs to coining, also the saucepan with the molten metal.
The prisoner's statement before the Magistrate: "I did not give Barnes the bad coin; I gave him a good shilling, which I obtained from Mrs. Gooding. The pot had pudding in it when I left the room. I know nothing about the other things."
The prisoner, in his defence on oath, said that he did not give Barnes the bad coin, but a good shilling, which he had obtained from Mrs. Gooding; that the pot had pudding in it when he left the room; and that he knew nothing about the other things.
NOT GUILTY .
MR. WILKINSON, for the Prosecution, offered no evidence.
NOT GUILTY .
371. ANNIE SMITH (38) PLEADED GUILTY to unlawful possession of twelve counterfeit florins, having been convicted at this Court on September 9th, 1902, of possessing counterfeit coin with intent to utter. Seven other convictions were proved against her. Four years' penal servitude. —And
(372.) ANNIE LANCASTER (28) , to stealing two rings, a blouse, and 16s. in money, the property of William Coulson; also to stealing a watch, a ring and a mackintosh, the property of John Morley; also to stealing a cash box, and other articles and twenty coins, the property of Maurice Bell, having been convicted of felony at the West London Police Court on October 10th, 1904. Six other convictions were proved against her. Eighteen months' hard labour. [Pleaded guilty: See original trial image.]
FOURTH COURT.—Wednesday, May 3rd, 1905.
Before Lumley Smith, Esq., K.C.
374. WILLIAM CHARLES DUNCAN (22) , Having been entrusted by William Solain with 298 hymn books in order that he might sell the same and pay the proceeds to William Solain, did unlawfully and fraudulently convert to his own use and benefit the said proceeds.
WILLIAM SOLAIN . I am a bookseller—in March I carried on business at 207, Knightsbridge—about March 18th I first employed the prisoner to sell books for me daily, handing me the cash he had received for the books he had sold, and giving me the balance of books unsold—on March 29th I gave him about 300 books, value £3 11s., which he was to sell and bring me the money back, when he would receive commission on the sales—he did not return—I informed the police—I have never received any money in respect of those books or the books themselves—his commission on some days amounted to 12s. or 13s.
Cross-examined by the prisoner. I knew you were employed as a waiter, that you had been dismissed and were in trouble—I then offered you employment—I do not wish to press the case and would be willing to help you again.
AUSTIN DAVEY (Detective B.) On April 10th, about 10.45 p.m., I saw the prisoner in Leicester Square—I asked him if his name was Duncan—I also said that I was a police officer—he said, "No, my name is not Duncan; you have made a mistake"—I said, "I believe you are Duncan; I shall take you into custody for stealing books, the property of Mr. Solain, which were entrusted to you to sell"—he said, "Oh, yes, that is all right; I remember, but it is not a case of larceny, it is only a breach of trust"—on the way to the station, he said, "I have sold the books and have kept the money"—he made no reply to the charge.
The prisoner, in his defence on oath, stated that after having sold the books he found he was a sovereign short; that he did not like to go back and tell the prosecutor; that he tried to obtain some work with the intention of paying the money back, which he would have done, but that he was prevented by being arrested. GUILTY . Two convictions were proved against him. Three months' hard labour.
OLD COURT.—Thursday, May 4th, 1905.
Before Mr. Justice Channell.
MR. GUY STEPHENSON Prosecuted; MR. PURCELL Defended.
GUILTY . Seven years' penal servitude.
MR. BODKIN Prosecuted; MR. PERCIVAL HUGHES Defended.
The prisoner stated that he was GUILTY of unlawful wounding, and the Jury returned a verdict to that effect.
It was stated that the prisoner had been in prison for one month. Fourteen days' without hard labour.
MR. WILKINSON Prosecuted.
ADA WOOD . I am a domestic servant and reside at 44, Peel Street, Notting Hill—I first went there about three months ago—the owner is Mr. Woolford and I rented a room there—another young woman lodged with me—I first met the prisoner when I was waiting in the street for my young man, and he came up and spoke to me—there was a coffee stall near—there were other people standing there who knew him and he told them and me that he was a detective—he said I had not better hang round there as the fellows at the stall was no good—I said I was not waiting for anything, I was waiting for my young man—he said he knew all the
men and could take them all and lock them up if he liked—all along he said he was a detective—I used to see him there nearly every night when I was waiting for my young man—when he said he was a detective I said I did not know anything about detectives and he showed me a police whistle and the handcuffs that he had, and I thought he was a detective I—on February 27th he came to my house and asked to see me—I asked him up to my room—I had not asked him to come to the house and did not know he was coming—he said he was a detective and had come to raid my house for my having gentlemen to see me, and that if I did not square him he would lock me up—I asked him what he wanted in order to be squared—he said, "Money"—I said, "How much do you want: will 10s. do?"—he said, "Yes"—I gave him 10s. because I thought there would be a row in the house—I believed at that time that he was a detective, but I did not believe he could lock me up, because I had not done anything to be locked up for—when I gave him the 10s. he said he would say no more about it and he left the place—he did not come again—I saw him one or two nights afterwards—he has often called after me in the streets, but I took no notice of him—when he came to my house he said he had been watching the house for a long time.
Cross-examined by the prisoner. I was not the worse for drink on the night you were arrested—I was not with two gentlemen whom I was going to take home—you told a constable to arrest me because I was drunk and the constable said he would take you instead—I gave you the money because I was afraid my young man would come up and that there would be a row—I was not kissing a bookmaker round the corner when you first saw me—at the Court below you said I was kissing half-a-dozen fellows.
Re-examined. He first made the accusation against me of being drunk a week or two afterwards.
WALTER HAMBROOK (Detective F.) I have known the prisoner for some time—one night early in March I met him in Portobello Road and he said, "I can tell you where you can get half a quid easily; you go to 44 Peel Street; there are two tarts living there and you can get it at once"—I arrested him on the evening of April 6th—on the remand the charge of obtaining money by menaces was made against him—when I told him the charge he replied, "It is a lie"—I found on him four keys, one skeleton and a police whistle—he has never been connected with the police force.
Cross-examined. I did not know anything about the charge when it was reported to me in March—I did not send another officer to arrest you—I and the sergeant were, keeping observation on you—I went to make inquiries and while I was doing so the other officer arrested you as you came out of one of the places.
HAROLD WOOLFORD . I live at 44, Peel Street, Notting Hill, and am the landlord—Ada Wood has been lodging there for about nine months—there is no ground for the imputation that she is living an unchaste life there to my knowledge—I have known the prisoner for about two year—on Saturday, March 11th, in High Street, Notting Hill, he spoke
to me about Ada Wood—he asked me whether I was aware that Ada was taking men home at night—I said no, I was not aware of it, and added, "All I can do is to watch for it and the first man I can catch will go down I the stairs or through the window"—the first man I found was him—I done no more than I told him I should do, and he went down the stairs—he said he could get half a dollar or a quid out of the young lady when he liked, and he said he had had it—he said he was a butcher and I knew that.
GUILTY . He then PLEADED GUILTY to a conviction of felony at Clerkenwell Sessions on June 14th, 1904. The police stated that the prisoner preyed upon unfortunates and was a most dangerous man. Twelve months' hard labour.
NEW COURT.—Thursday and Friday, May 4th and 5th, 1905.
Before Mr. Recorder.
(379) HARRY NEWHAM (43) , to stealing, whilst employed under the Post Office, a letter containing postal orders for 20s. and 8s. 6d., the property of the Postmaster-General.(See next case.) [Pleaded guilty: See original trial image.]
380. FLORENCE WOOD (37) , Feloniously forging and uttering receipts for 20s. and 8s. 6d., with intent to defraud, and HARRY NEWHAM, Feloniously inciting the said Florence Wood to commit the said felonies. NEWHAM PLEADED GUILTY .
MR. BIRON Prosecuted.
MARGARET LAVINIA HORWOOD . I live at Bush Park, Launceston, Cornwall—on April 12th I posted these two postal orders (Produced), one for £1 and the other for 8e. 6d. at the Launceston Post Office—I have the counterfoils (Produced) corresponding to those postal orders—I put the orders into an envelope and addressed them to Messrs. Curzon Bros.; 60, City Road, London—they were blank when I sent them.
WILLIAM JOHN VIOLET . I am the overseer at the East Central District Office, St. Martin's-le-Grand—Newham was employed as a postman there on April 12th and 13th—he was on duty on the early morning of April 13th—a letter posted at Launceston on April 12th would reach St. Martin's-le-Grand on the early morning of April 13th, and Newham would have access to it—it would get in about 4.39 a.m. in time for the first delivery.
PERCY WHITE (Constable G.P.O.) On the early morning of April 13th I kept watch on Newham while he went on his first round, commencing at Wormwood Street, Bishopsgate—he was at the Post Office at 5 a.m. and left at 7.40 a.m.—after he finished his round I still kept him under observation—60, City Road, would not come in his round, and has nothing
to do with his delivery—about 9 a.m. he boarded a 'bus and went to Pearson Street, Kingsland Road—I boarded the 'bus also—he got off and went to 11, York Road, which is a turning off Pearson Street, where Wood lives—he remained there about half an hour, coming out with her—they boarded a 'bus and went to Eldon Street, Finsbury, where they got off—they went into the Old Red Lion, Wilson Street, which is about a mile from York Road—I was on the opposite side of the street, and I could see through the doorway—I saw Newham take off his uniform cap and put it into his collecting bag, putting on an ordinary cap and a mackintosh; when he came out nobody could tell that he was a postman—he left his collecting bag at the London & North Western Railway depot opposite—Wood was with him the whole time—she left him outside the public-house and walked in the direction of Sun Street, and I directed Cartwright, who was with me, to follow her—Newham waited on the opposite side of Sun Street, whilst she went inside the Post Office there.
By the COURT. I do not think there is anything to prevent a postman taking off his uniform when not on duty—I am not in a position to say how many uniforms a postman has in a year.
FREDERICK CHARLES CARTWRIGHT . I am an assistant at the Confidential Inquiry Branch of the General Post Office—at 9 a.m. on April 13th I was in company with White, when we followed the prisoners from 11, York Road—on their coming out of the Red Lion I followed Wood, who went into the Sun Street Post Office—I saw her write upon two postal orders at the writing desk, and then take them to the counter, where she obtained payment for them from the clerk—I told her who I was, and obtained possession of the postal orders (Produced) from the counter clerk—I said to Wood, "What is your name?"—she replied, "Osler"; that is the name to whom the postal orders are made payable—I said, "Where do you live?"—she replied, "11, Pearson Street, Kingsland Road"—I then cautioned her, and said, "Where did you get these two postal orders from?"—she replied, "They were sent to me by my brother this morning"—I asked her to accompany me to the General Post Office, which she did—she was there seen by Mr. Watts.
By the COURT. I saw her writing on the whole of the order—the name "Osler" is written in the receipt, I believe, in the same handwriting—they appear to have been blank orders.
Cross-examined by Wood. I said I was attached to the detective office—I might have said I was a detective; it is much the same thing—you picked the money up, and when I spoke to you, you put it down on the counter again—I said, "You may take charge of this money, or I will; just as you prefer"—you said, "Oh, well, you keep it."
ARTHUR JONAS WATTS . I am a clerk in the Confidential Inquiry Branch of the Post Office—on April 13th Wood was brought into the Post Office, and a communication was made to me, in consequence of which I cautioned her, and said, "What is your name?"—she replied, "Frances Osier"—I said, "Where do you live?"—she said, "No. 11, Pearson Street, Kingsland Road"—I said, "You went into the Sun Street Post Office and filled in these postal orders, and you received £1 8s. 6d. in payment.
Where did you get the postal orders?"—she replied, "I had them given to me"—I said, "By whom?"—she replied, "My brother"—I said, "Who is your brother?"—she said "My brother is Harry Newham, who resides at Chestnut Road, Ilford. He gave me the orders as my property"—I said, "I have reason to suppose that No. 11, York Road, Pearson Street, is your correct address"—she said, "Yes, 11, York Road, is my brother's address"—I said, "Are you known there as 'Osler'?"—she said, "No; Mrs. Wood"—I said, "Which is your correct name?"—she replied, "Mrs. Wood."
Wood, in her defence, said that she Pleaded Guilty to cashing this postal orders, but that she did not know they were stolen.
GUILTY . It was stated that a large number of letters had been stolen recently. NEWHAM— Nine months' hard labour. WOOD— Three months' hard labour.
381. ARTHUR HENRY JONES, Wilfully and with intent to defraud making a certain false entry in and omitting certain material particulars from, books of accounts belonging to the Acton Urban District Council, his employers.
MR. LEYCESTER Prosecuted; MR. GEORGE ELLIOTT Defended.
ALEXANDER CHARLES KIRKBRIGHT . I am the assistant to the accountant in the service of the Acton Urban District Council, and while the prisoner was in their service I acted under him, and assisted him in keeping the accounts—this book, called the "Sundry Deposit Book," contains the general cash account; that is to say, any moneys received, which did not go into the cemeteries account or roads account, or under any other special heads—I am well acquainted with the prisoner's handwriting—the entries from June 19th to July 6th, 1895, are in his writing—it was his customer to make the entries in this book, but, of course, they were entered by other people also—the entries from January 9th to February 3rd, 1897; from January 3rd to January 14th, 1898; from June 21st to July 8th, 1898; from June 16th to July 4th, 1899; December 29th and 30th, 1899; and from October 24th to October 30th, 1902, are all in his writing—this is a receipt book (Produced) for May 1903—the entries in this book from May 20th to May 29th, with one exception, which is in my writing, are all in the prisoner's writing—the exception is a receipt for 15s. from Clements Brothers, which I received—I do not remember that particular item, but my usual practice was to pay over all moneys I received to the prisoner—this is the Cemeteries Book (Produced) for May 29th, 1903, which shows entries in the prisoner's writing, making altogether £16 18s. 6d., and made up of a number of small sums in cash to be paid into the bank—the entries in the Sundry Deposit Book from June 29th to July 3rd, 1903, are in the prisoner's writing, and the counterfoils in the receipt book for the same dates are also in his writing—among them there is a counterfoil purporting to be a receipt to Walter Hill & Co., for £13 10s., dated July 3rd, in his writing—this is the Rents Ledger—I am not able to say when it first came into existence, but I first
know of it about July, 1903—entries appear in it from 1899, but I do not know when they were made, and as far as I know it did not exist at that time—after July, 1903, it was regularly kept in the office—in September, 1903, I attended the audit for the year ending March 31st, 1903, Mr. Francis Gaskell being the auditor—I do not remember Mr. Gaskell having the Rents Ledger before him at the time—auditors, as a rule, tick each item as they go through, and there is no sign here of the items having been ticked by him—I think Mr. Young's is the first tick—if Mr. Gaskell had seen it and had done his duty, he would have ticked each item—he died a few weeks ago—the £20 received from the London & South Western Railway appears on July 3rd there, also three cheques from Walter Hill & Co., £13 18s. 8d., on December 30th, 1899; £15 on November 8th, 1902, £13 10s. on July 3rd, 1903, and December 10th, 1903—there is no entry of that on May 29th, when it was really received.
Cross-examined. I have been in the Council's service for the last four years, so I know nothing of my own knowledge before 1901—I came from the Stockton Corporation—I had just as much access to the books as the prisoner—I have looked through the Rents Ledger, and a portion of it is in my writing—I could get it just as much as any other book, and if it had been produced to the auditor in 1903, and he had properly audited the accounts, the mistakes ought to have been discovered—the rent from the London & South Western Railway Company is included among the items of rents receivable at the beginning of the book—I was not present during the whole time of the 1903 audit—about fifty books would be produced to the auditor, and I did not notice them particularly—I was simply in attendance upon him—I do not say it was not there, but I do not remember seeing it there—if you named any other book, I probably should be able to tell you if it were there, or not—I should take more notice of the books appertaining to my department.
Re-examined. The earliest entry in the Rents Ledger of any sum received from the London & South Western Railway Company is December 29th, 1899, so that the only missing cheque of the railway company which the auditor would discover would be the one of July, 1903; all the others could have been properly accounted for—the £20 was a halfyearly payment.
JOHN MORGAN . I am the Chief Committee Clerk in the employment of the Acton Urban District Council, whom I have been with for ten years—during the whole of that time the accounts have been in the hands of the prisoner—when I was appointed he was assistant clerk, and afterwards he became accounts clerk—of the entries from November 3rd to November 6th, 1902, in the Sundry Deposit Book one is in his writing, and one in mine—with regard to the entries I made, I got the information from the counterfoil receipt book, which is one of the books under his control—the entries in the Cemeteries Cash Book from October 31st to November 8th, 1902, are in my and another clerk's handwriting—I got the information for that from the counterfoil receipts.
Cross-examined. I cannot say when the Rents ledger started—in 1903 I was in the clerk's office, but in April, 1903, the accounts department
was made separate, and the Rents Ledger would not come within my jurisdiction since that date—I had seen it prior to that, but I cannot say when I first saw it—there is nobody here who knows more about the book, unless it is Mr. Kirkbright.
JOHN WILLIAM JARRATT . I am a laundry proprietor at Acton and am Chairman of the Urban District Council—I produce a minute on June 27th, 1880, of the prisoner's appointment as a clerk, at a salary of £100 a year—I was not a member of the Council at that time—it would then be the Acton Local Board—he remained in our service till October, 1904, when he was receiving somewhere about £300 a year—he was a man in whom we placed complete confidence, and he bore an excellent character as far as we were concerned—the Chief Clerk was a Mr. Hemsley, a man getting on for eighty, and in business for himself as a solicitor with some sons—he is still alive, but practically retired—his nominal salary was £120, but he could charge on the legal business of the Council—during his time the office to a large extent was in the prisoner's hands—in the early part of 1903 Mr. Hemsley retired, and a Mr. Hodson was appointed in his stead at a salary of £450 a year, rising to £600—he was not a solicitor—the reason we wanted to make a change was that we wanted to have a man for the whole time, as, of course, Acton was growing largely, and wanted a good deal more attention than had been given to it previously—at the same time the prisoner was made accounts clerk—before that he had to deal with the committee work and accounts, but now he had only to deal with the accounts, which made his duties lighter—when he received amounts payable to the Council it was his duty to make out a receipt from the Council's receipt book, enter on the counterfoil the items corresponding to the receipt, enter the amounts in the books as having been received, and to pay the moneys over to the treasurer, who is the manager for the time being of the local branch of the London & South Western Bank—I question whether the manager got any salary for that; it is an arrangement between ourselves and the Bank—this (Produced) is the agreement with the London & South Western Railway, dated October. 1881, under which they covenant to pay us a half-yearly sum of £20 in January and July of each year towards the maintenance of a bridge at Acton—the accounts of the Council were audited every year by an auditor appointed by the Local Government Board—the Council kept all the books prescribed by the Local Government Board, so far as I know—in the morning of October 1st, last year, I think, my attention was called by Mr. Hodson to the alleged discrepancy which the auditor, Mr. Young, had discovered with reference to the £20 cheque of July, 1903, and on October 3rd I and the vice-chairman told the prisoner of the discrepancy discovered, and asked him for an explanation—that was the only discrepancy we then knew of—he was very much astonished and said, "If there is anything wrong, we will make it right"—I said to him, "I do not think your explanation, so far, anyhow, is satisfactory, and I think you had better make your explanation in writing, and send it to each member, and then we can have the whole facts before us, and we shall be able to deal with the matter upon your explanation"—that
is the reason why we had this explanation which was sent round to each member of the Council—he did not say anything as to cash in hand—I might say with regard to the letter, he said, "I do not want every office lad to know about this, and I do not want it to go through the ordinary course of letters from the office," and I said I did not want anybody to know about it except the members of the Council, and he sent this letter to us on October 6th—on October 11th there was a meeting of the Council—he was called before it and questions were put to him about the matter, but he made no explanation beyond that contained in the letter—he was asked to retire, and we discussed it—we considered his explanation so unsatisfactory that on his return we asked whether he would resign—he said, "I will resign," and he did so straight off—at that time only the one cheque, July, 1903, discrepancy was known of; we knew nothing at all about the rest.
Cross-examined. I have been with the Council four years—at the time Mr. Hemsley retired I think the prisoner tendered his resignation—he wanted to be Chief Clerk, and I told him at once that there would be no chance of his obtaining the clerkship, but there might be a chance of making another office by dividing the accounts from the general business of the clerks' office, and we proposed to make him accounts clerk at practically the same salary—he did not send in a formal application, but he gave us to understand that he would like the clerkship—it was then that he tendered his resignation and we offered him the position of accounts clerk, which he took—he had a great deal to do between 1880 and 1903, but of course the work varied with the attendance of the Clerk, and all the votes were under his control—he had to attend the committee meetings and generally look after the whole office—the population of Acton has been nearly doubled by the Tube and the electric trams—the prisoner had to look after the sundry payments account, the cemetery accounts, the private roads, the allotments and the petty cash accounts—I cannot tell you where he put all the cash; that is a matter with which I have nothing to do—I presume there was only one cash box in which all the money that was paid was put for the time being—the South Western Railway cheques have receipts attached to them—I do not suggest that the receipt books, from which the receipts would be taken, or the counterfoils have been tampered with—I do not wish to be pressed as to whether there are any other discrepancies other than those represented by the £148, which the prisoner is alleged to have embezzled, because I have my own opinion—I do not wish to import anything further into the case than what is already in the indictment—I do not know anything about when Walter Hill & Company's cheques were sent—the prisoner would probably have £20,000 or £30,000 pass through his hands in the course of a year.
Re-examined. His work was heavy before 1903, but he never made any complaint as far as we know—I could get from the official records what month of 1903 the prisoner's position was altered to that of accounts clerk.
J. C. BASSETT. I am principal clerk in the London & South Western
Railway Company, and I produce these six cheques [Exs. 3, 4, 5, 6, 7, and 8]—they are all for £20 and dated respectively June 26th, 1895; December 23rd, 1896; December 22nd, 1897; June 22nd, 1898; June 24th, 1899; June 24th, 1903, and all sent from the Railway Company to the Acton District Council and made payable per "A. Hemsley"—they are receipted at the bottom "A. Hemsley"—that is the only receipt we have ever had—the payments would be made in the ordinary course of our business in accordance with our agreement—all of them have passed through our bank, paid by them, and returned to us.
WILLIAM JOSEPH BENNISON . I am the director of Walter Hill & Company, advertisement contractors, in Southampton Row, who occasionally rented hoardings from the Acton Urban District Council, paying hem rent from time to time in odd sums—there were no regular payments—I produce this cheque and receipt [Ex. 9] dated December 27th, 1899, for £13 18s. 8d. and receipted by A. Hemsley on December 29th, 1899—that was sent by our company and the receipt attached to the cheque was received back on or about that date in the usual way—I produce another cheque for £15, dated November 3rd, 1902, which was sent in answer to a letter asking for payment (Read): Dear Sirs,—I shall be glad to receive a cheque for £15, rent of hoarding due on the 12th of this month," signed, "Alexander Hemsley," dated October 21st, 1902—the receipt was sent to us signed by the prisoner, as also this receipt, dated April 24th, 1903 (Produced)—this is a letter applying for £13 10s. from us (Produced), and we sent this cheque, dated May 22nd, 1903 (Produced), and the receipt is signed by the prisoner himself under date May 29th, 1903—it was passed through our bank and returned to us—for all these cheques the only receipt we got was the receipt which forms part of them—I do not remember a receipt coming for a cheque on or about July 3rd, 1903—if it had come it would have come before me.
Cross-examined. It is possible that cheques drawn to settle various accounts may be in our office a day or two before they are sent.
JOHN WILLIAM JARRATT (Re-examined). I now produce a minute, showing the alteration in the prisoner's duties, dated January 13th, 1903—[The minute was then read, stating that the 'prisoner be appointed accounts clerk at a salary of £100 a year subject to three months' notice]—his new duties began on April 1st—the new Chief Clerk was appointed about the same time—we advertised for one and I think about 100 applications came in.
MARK PITT . I am the manager of the London & South Western Bank at their branch at Acton, and in that capacity I am the treasurer of the Acton Urban District Council—my duties as such are confined to keeping the Council's banking account at the bank, for which I get no salary—I produce what is called the Treasurer's Book, which contains the Council's banking account, and is the same really as an ordinary pass book—all the moneys that the prisoner paid in are paid into the general account as far as I am aware—we have a large number of accounts, of course—large sums pass through in the course of the year—everything
is recorded in the books, which are quite accessible to the Council—on July 6th, 1895, this book contains an entry of £21 2s. 2d. paid in to the general account—I also produce a certified extract from my waste book, showing that item was made up by a cheque for £20 from the London & South Western Railway Company and £1 2s. 2d. in money—the Treasurer's Book shows that on February 3rd, 1897, there was a credit of £50 5s. 7d. made up of a £20 cheque from the London & South Western Railway Company, three cheques for £10, £13 10s. and £6 10s. 7d. respectively, and 5s. in cash, which is shown in the waste book—on January 14th, 1898, £49 1s. 1d. was paid in, made up of the Railway Company's cheque for £20, mother cheque for £22, and £7 1s. 1d. in case—on July 8th, 1898, £33 14s. was paid in, made up of the Railway Company's cheque for £20, two other cheques, and 6s. in money—on July 4th, 1899, £56 5s. was paid in, made up of the Railway Company's cheque for £20, two other cheques, £4 5s. in money, and 10s. in postal orders—on December 30th, 1899, £36 1s. 6d. was paid in, made up of Walter Hill & Company's cheque for £13 18s. 8d., £20 cheque from the Railway Company, another cheque, and 10d. in money—on November 8th, 1902, £33 7s. was paid in, made up of Walter Hill & Company's cheque for £15, some other cheques, £2 10s. 6d. in postal orders, and £3 4s. in money—on May 29th, 1903, £16 18s. 6d. was paid in as cemeteries account and £18 6s. 3d. as sundries—all the other entries I have spoken of have been sundries—with regard to the £16 18s. 6d. cemeteries account, the waste book shows that part of that was a cheque for £12 from somebody called Winch, the rest being for other cheques, except 8s. 6d. in money—as to the £18 6s. 3d. sundries, that contained a cheque for £13 10s. from Walter Hill & Company and 18s. 3d. in money—on July 3rd, 1903, £30 15s. 5d. was paid in to sundries account, made up of a cheque for £20 from the Railway Company, a cheque for £9 17s. 6d. from Edwards, and 17s. 11d. in money—on October 3rd, 1904, £20 was paid in in gold—this is the paying-in slip and it is in the prisoner's handwriting (Produced)—it is stated to be "Sundries"—it was paid in, as far as I know, in the ordinary way, and I did not know at the time that there was any alleged discrepancy with regard to any cheque—on January 10th, 1905, a lady related to the prisoner paid in £128 18s. 8d. by the prisoner's cheque for that amount drawn on his private account at my bank—it was credited to the Council's account.
ALBERT NORTHOVER . I am a commission agent, living at Acton, and am a tenant of the Acton Urban District Council—in June, 1903, I owed them £13 13s. 9d. for rent, and I handed this cheque for £9 17s. 6d. (Produced) that I had had from a Mr. Edwards, and the balance in cash to a messenger who came for it on July 3rd—a receipt came afterwards which is amongst my papers, but which I have not had time to look for.
WALTER YOUNG . I am a district auditor under the Local Government Board—I was appointed to the Middlesex audit in July, 1904—on September 26th I attended at the office of the Acton Urban District Council to audit their accounts—that was the first time I had done so—I saw the prisoner, from whom I got the books—the Rents Ledger was not among them—the audit would be for the year ending March 31st, 1904—in
consequence of what I discovered with regard to that year, I afterwards extended my investigations back to 1895, with regard to these particular items of £20 and rents; it would have been impossible to examine the whole accounts—this is a book which they call the Sundry Deposits, July, 1895, being a cash book for receipts (Produced)—between June 19th and July 6th it appears from this book that various sums had been received, amountin to £21 2s. 2d., so that there would be that amount to pay in—there is one amount of £12, and one of £3, but all the rest of them are under £1; there is no mention of the London & South Western Railway Company's cheque, either in that or any other book—the £21 2s. 2d. was paid into the bank on July 6th—if it were paid in by means of the London & South Western Railway Company's cheque for £20 and £1 2s. 2d. in cash, the result would be that the person paying it in would be in a position to abstract £20 from the sums received for these small receipts and there would be a loss to the Council of that amount; the railway company's cheque had nothing to do with these small receipts at all—on February 3rd, 1899, it appears from this book that between January 9th and February 1st they had accumulated to £50 6s. 7d., made up of a number of different payments, and not containing any sum of £20, and upon February 3rd that amount was paid into the bank by the help of the London & South Western Railway Company's cheque for £20 and £5 in cash—the cheque for £20 is not entered in the books as having been received, and there is no trace of it anywhere—the effect of that would be the same as in the last instance—on January 14th, 1898, it appears that £49 1s. 1d. had been received, made up of various amounts—there is no amount there of £20 from the London & South Western Railway Company—that sum was paid into the bank by means of the railway company's cheque and other amounts—the result would be the same as in the other oases—that cheque for £20 is not entered anywhere as having been received—on July 8th, 1898, there was a sum of £33 14s. to be paid in, made up of a number of rather small amounts, the largest being for eight guineas—there is no cheque for £20 from the railway company either there or in any other book, and if that cheque were used to help make up the £3314s., the result would be exactly the same—on July 4th, 1899, there was £56 5s. to be paid in, and again the cheque for £20 forms part of that—on December 30th, 1899, there was £36 1s. 6d. to be paid in, which was paid in with the help of a cheque for £13 18s. 8d. from Walter Hill & Co., which is not entered as having been received—there is a cheque for £20 from the London & South Western Railway Company in that December that is properly accounted for, and there is no charge as to that—the result of that would be that this particular sum paid in would be deficient to the amount of £13 18s. 8d.—on November 8th, 1902, there is £33 7s. to be paid in to Cemeteries Account, the biggest item of which is £7 17s. 6d.—that contains no mention of a cheque for £15 from Walter Hill & Co.—of course that cheque would have nothing to do with Cemeteries Account—it was used to help pay in that sum of £33 7s.—the £15 cheque is not entered in the Sundry Deposits Book, where it ought to have been, or anywhere else, except afterwards in the Rents Ledger—that would have the result of enabling somebody to appropriate £15 in cash.
The prisoner here stated that he was GUILTY, and the Jury returned that verdict. Twelve months in the Second Division.
382. JOHN NICHOLLS (28) , Being the occupier of certain premises, did knowingly suffer Clara Flood, a girl under the age of sixteen years, to be in and on such premises for the purpose of being carnally known by men.
MR. A. HUTTON Prosecuted; MR. WILKINSON Defended.
The Jury, being unable to agree, were discharged. (See page 956.)
MR. WARBURTON Prosecuted.
JOHN CLARKSON . I am the son of Walter Clarkson, a contractor—his office is at 110, Vauxhall Walk, and I assist in his business—we have a timber yard at Tinworth Street, which is very near the office—Woods has been in our employ as a labourer for about three years on and off, and Murphy was employed by us for about the same time on and off—Woods was discharged on the afternoon before the fire for neglect of duty—about 130 a.m., on April 19th I was called up by the police at my private house, and I went to my yard, where I found the place all ablaze and the fire-engines there—the vans were on fire, as well as twenty or thirty baskets standing close to them, and some tools and ladders were burnt—I saw the fire put out; it was a serious conflagration—I estimate the amount of damage to the property as just under £50.
Cross-examined by Murphy. We have fifty baskets, and the whole lot of them were burnt.
DAVID MEARS . I am a labourer employed by the prosecutors, and live at 86, Wickham Street, Vauxhall—at 12.40 a.m. on April 19th I was working with Corman in the prosecutor's yard in Tinworth Street—the prisoners came in—I have worked with them for some years—they got some baskets and set alight to one of them and put a ladder across and some more baskets—some baskets near the vans caught fire—Briddle came in and tried to stop them, and they started hitting him and tried to knock him down—Woods took a shovel, chucked it on the fire, and then they both ran out of the yard—they were the worse for drink when they came in, and they rolled about—I then went to the gate, where I saw a policeman and spoke to him.
GEORGE CORMAN . I am a laborer in the prosecutor's employ, and live at 61, Catherine Street—about 12.40 a.m. on April 19th I was in my employer's yard, when the prisoners came in—they caught hold of some baskets and emptied some paper out, put lighted paper in, and put a ladder across and a shovel—there was a regular blaze up—I did not see the vans catch fire—some policemen came and then the fire-engines, and eventually the prosecutor—the fire was put out—I have known the prisoner by sight for some years.
DANIE FINNCANE (114 L.) From information received I saw Woods on the Albert Embankment about half an hour after the fire—he was perfectly sober—on telling him the charge he said, "I have not been to Mr. Clarkson's yard for the past six months. I know nothing about it"—I took him into custody.
JOHN COLLINS (Inspector L.) From information received I went, about 4 a.m. on the morning of the fire, to 11, Tinworth Street, where I found Murphy sitting asleep in a chair in a back room—on telling him the charge he said, "A bad job about that"—I took him to the station, where he was charged and made no reply.
Woods before the Magistrate said that he had a drop of drink; that he was made drunk; that he got hold of an old basket and lit that; and that the others caught alight.
Murphy's statement before the Magistrate: "I was drunk, and remember nothing of it."
Woods, in his defence, said that he went with Murphy and Briddle into the yard to see how Mears was getting on; that, feeling cold, they lit an old basket, and that he never threw the shovel on the fire.
Murphy, in his defence, said that they went into the yard to see Mears; that, feeling cold, he lit an old basket and left it, thinking no harm would be done.
GUILTY . WOODS received a good character. Three months' hard labour each.
384. JOHN CHILDS (44) PLEADED GUILTY to fraudulently converting to his own use £2 3s. 1d. entrusted to him by Rosina Francis Bush for a certain purpose. One previous conviction was proved against him. It was stated that he had a very bad reputation. Twelve months' hard labour.
THIRD COURT.—Thursday, May 4th, 1905.
Before Mr. Common Serjeant.
385. GEORGE TOBITT (34), PLEADED GULTY to failing to discover to his trustee in bankruptcy for the benefit of his creditors £1,500 withdrawn from his account at the Birkbeck Bank, and to other counts for offences in relation to the same property under the Bankruptcy Act. He received a good character. Four months' imprisonment in the Second Division.
386. RICHARD WHITEHEAD, Three indictments for forging and uttering an order for the payment of £200; stealing a valuable security for £200, the property of James James, and fraudulently converting to his own use and benefit £200 entrusted to him by Edward James James for the payment of trade expenses of the White Horse public-house, of which he was manager.
MR. MUIR for the Prosecution, offered no evidence.
NOT GUILTY .
(For other cases tried this day, see Kent Cases.)
FOURTH COURT.—Thursday, May 4th, 1905.
Before Lumley Smith, Esq., K.C.
387. SOLOMON LEVY PLEADED GUILTY to, while being clerk and servant to Norberth Rosenberg, unlawfully, wilfully and with intent to defraud omitting and concurring in omitting certain material particulars from a book belonging to his employer, and to making and concurring in making false entries in that book belonging to his said employer. Discharged on his own recognisances in £20 to appear and have judgment if called on within twelve months.
MR. METHVEN Prosecuted; MR. BURNIE Defended.
ARTHUR WANTING . I am a clerk to Mrs. Kendal, who is a shipping agent at 28, Eldon Street—on April 7th, about 9.25 a.m., I heard a noise at the office door—I rushed out and saw the prisoner opening the bottom letter-box—he walked away—I followed him and saw him jump on to a bus—I ran after him and pulled him down from the steps and struggled with him—I beckoned to a constable and gave him in charge—he was taken to Moor Lane police station and searched—eleven letters were found on him.
Cross-examined. Our offices are at the front of the premises—it is a large building, let out in offices—on the morning in question I was at the office from 8 o'clock—the prisoner was behind the door of our office—one of the letter-boxes was broken open, and he was breaking open the other one—he turned and walked out of the building and then crossed over the way—he did not walk up and down—he walked about twenty yards up a court and stopped at a turning—he then came back into Eldon Street, walked straight on and jumped on a 'bus that was going towards New Broad Street, in the direction of Bishopsgate; the 'bus goes through New Broad Street—when the prisoner was taken back to the office in Eldon Street, he had in his hand eleven letters—he was not concealing them—I saw the prisoner break the box open.
Re-examined. The 'bus was not going towards the police station.
ARTHUR HOWELL (990 City.) On February 2nd, about 9.30 a.m., as I was coming on duty I saw the last witness and the prisoner struggling near the London & North Western Railway goods yard in Eldon Street—I saw them for about a minute before I made a run to them—I said, "What is the matter?"—Wanting said, "This man has been stealing some letters from No. 28, Eldon Street"—I took the prisoner back to 28, Eldon Street, where Wanting showed me behind the door and also showed the prisoner, and just then I took eleven letters from his hand—I then took the prisoner to Moor Lane police station—he there said, "I cannot understand how I came to do it"—this jemmy was found upon him (Produced).
Cross-examined. The instrument could be used for opening cases by a market porter at Covent Garden—the prisoner gave a correct name and address—the letters in the prisoner's hand were unopened.
Re-examined. This instrument has been used.
The prisoner, in his defence on oath, stated that he was on his way to Tower Street to look for work when he picked a letter up; that on looking round he saw several more; that he went to the office to hand them in and found the door locked; and that he was then on his way to the police station to give them up when he was arrested.
GUILTY . He then PLEADED GUILTY. to a conviction of felony at Clerken well Police Court on January 8th, 1891 The police stated that he had formerly been a Metropolitan police officer for about five years, but had been discharged from the force for drunkenness . Six months' hard labour.
MR. BAGGE Prosecuted.
FREDERICK HATSWELL . I live at 10, Fairbank Street, East Road, City Road, and am horse keeper to Henry Sutton, cab proprietor, of 65, East Road—on April 26th I handed the prisoner—2 0s. 9d., telling him to go to Scotland Yard and get a license which would come to—2—the 9d. was for himself—he took the money, but did not come back—I saw him next on the 28th—I said to him, "How about the license?"—he said, "Well, I have lost the money; it's a bad job, it can't be helped"—I said, "The governor will kick up a row about it"—he said he had lost it, he had a hole in his pocket—he said he would give himself up—I have not had the license or the money.
The prisoner. What he says is perfectly true.
WILLIAM MOULD (Constable G.) On the night of April 28th I saw the prisoner at the station, about 6 p.m.—I said to him, "I understand you come to give yourself up for stealing two sovereigns belonging to Mr. Sutton"—he said, "Yes, but I lost it through a hole in my pocket"—when charged, he said, "All right"—he did not show me the hole in his pocket.
WILLIAM EVANS (Inspector G.) About 4 p.m. on April 28th I was in charge of the Shepherdess Walk police station, when the prisoner came in and said, "I believe there is a warrant out against me"—I said, "What for?"—he said, "I was sent by Mr. Sutton, carman, to get a license at Scotland Yard, and I lost the money. I stopped away two days. I knew I did wrong in stopping away. I saw Mr. Sutton this morning and he told me he had put it on me"—I then told him to wait in the waiting-room—he further said he had been to his friends to try and get the money to try and repay it—there is nothing against the prisoner, as far as I know.
JAMES LAING (Detective-Sergeant). I saw the prisoner at the police station—he said, "I lost the money through a hole in my pocket"—I asked him which pocket it was—he said, "The left-hand trousers pocket"—I said,
"Turn your pocket out"—he did so—there was a hole there—it was an old hole—the trousers pocket was worn bare.
The prisoner's statement before the Magistrate; "I can only say that I spoke the truth. I worked for Mr. Sutton fifteen or sixteen years, and he knows my character."
The prisoner, in his defence on oath, stated that the money was given to him; that he wrapped it up in tissue paper and put it in his pocket; that on the way to Scotland Yard he put his hand in his pocket and found the money gone; that he tried to get money from friends to repay it, but failed; that he had worked for sixteen years for Mr. Sutton, and had been four and a half years in another situation, and that hearing there was a warrant out against him he gave himself up.
NOT GUILTY .
OLD COURT.—Friday and Saturday, May 5th, and 6th, 1905.
Before Mr. Justice Channel..
(For the case of Alfred Stratum and Albert Ernest Stratton, tried on these days, see Kent Cases.)
THIRD COURT.—Friday, May 5th, 1905.
Before Mr. Common Serjeant.
390. CHARLES FOWLS (37) PLEADED GUILTY to forging and uttering an indenture of mortgage purporting to be signed, sealed, and delivered by Frederick Millardit, with intent to defraud; also to unlawfully obtaining by false pretences from William Fryer a cheque for £100, and from Alfred Sullivan cheque for £100 and £877 16s. 6d., with intent to defraud; also to fraudulently converting to his own use and benefit £150 entrusted to him by William Fryer for a certain purpose. He received a good character. Four years' penal servitude.
(For other cases tried this day, see Kent cases.)
FOURTH COURT.—Friday, May 5th, 1905.
Before Lumley Smith, Esq., K.G.
391. GEORGE BROWN (21) , Feloniously breaking and entering a place of divine worship, called the Congregational Church, Clayton Road, Holloway, and stealing therein three gas standards and other articles, belonging to Charles Bachelor and others.
FREDERICK WILLIAM CRAIG . I am caretaker to Holloway Congregational Church—on March 26th I locked up the church—everything was then safe—the next morning about 8.45 I found the church had been entered and things were missing—I went to the police station, and saw some of the missing articles—they belonged to the church deacons.
Cross-examined by the prisoner. I have never seen you in my life before.
Tottenham—on March 27th; about 7.45, I was riding on a tram in Caledonian Road—I saw the prisoner with a pony and cart—I saw another man by the church wall—the latter brought up a bag and put it in the cart—I ran to tell a police constable, but the men made off and left the stuff behind and the cart as well—I went after them—the other man disappeared, but I caught the prisoner in Tollington Park, and had him arrested.
Cross-examined. I did not see you in the church—I saw you against the church.
FRANK PAGE (Detective Y.) On the morning of March 27th I saw the prisoner at Caledonian Road police station—I told him that he would be charged with another man not in custody with breaking and entering the Holloway Congregational Church and stealing the fittings—he replied, "I am sorry; I suppose I shall have to put up with it"—when charged he made no reply.
The prisoner. "That I deny; I did not say so."
By the COURT. I am quite sure he said that.
The prisoner, in his defence, stated that he was going along Caledonian Road with a pony and barrow, when a man asked him if he would do a job for him; that he said, "Yes, what hind of job?" and that the man said, "To shift some old stuff for me."
GUILTY . He then PLEADED GUILTY to a conviction of felony at Clerkenwell Sessions on September 29th, 1903. Five other convictions were proved against him. Three years' penal servitude . The witness Foster was commended by the COURT.
NEW COURT.—Saturday, May 6th, 1906.
Before Mr. Recorder.
392. JOSEPH EDWARD CROW PLEADED GUILTY . to conspiring with Agnes Maillard to procure Matilda Florence Maillard, aged sixteen years two months to have unlawful connection with him. He received a good character. Discharged on his own recognisances.
CHARLES HENRY GOULD . I am a porter and packer—on April 20th I was in the Three Cranes at the corner of Fashion Street and Brick Lane, and left there between 9.30 and 10 p.m.—I was perfectly sober—directly I got out, I was seized violently by the throat and another man came up and got hold of my wrist and threw me to the ground—others came up around me and my pockets were rifled of between 3s. and 4s., which was all I had on me at the time—I got up off the ground and they departed round the corner into Brick Lane, so for the moment I lost sight
of them—I then saw some men standing there—I have known two of them by sight before, Neville and Gregory—it was Neville who seized me by the throat—when I got round the corner I saw Neville and Gregory, and, if I am not very much mistaken, Morris also, in company with three or four men—I went across to two policemen and made a complaint to them, and pointed out some of the men to them—I charged Neville and Gregory, but rot Morris at that time—when I was following Neville, who was being taken to the station, Morris came and seized me from behind and pulled me back, and the policeman came back to my assistance—I am not sure about the identity of the man who rifled my pockets, but I am sure of Neville and Gregory—the policeman had to release Neville and come to my assistance.
Cross-examined by Neville. You were the man when I came out into Fashion Street whom I noticed—now you have asked me whether you have done anything Ike this before, I say that one day you followed me into a public-house and asked me for 4d., and because I did not give it to you you punched me in the jaw.
MORRIS GEBBA . I am a costermonger—between 9 and 10 p.m. on April 20th I was in Fashion Street, when I see about six men throw the prosecutor on the ground and get hold of his money—I saw the three prisoners amongst them—they went round the corner and started counting the money out—I only saw one of them arrested—when I went to the police station I picked out Morris and Neville.
Cross-examined by Morris. I saw you in Brick Lane—you were one of the men who knocked the prosecutor down—you got hold of his arm—you were also one of the men sharing out the money after the robbery—when you were being stood amongst the others at the police station I was in another room—I saw the prosecutor at the station—he got there before you did.
Cross-examined by Neville. You took the money out of the prosecutor's pocket—I was in a different room when you were being stood amongst the others at the station—I was not behind a tall detective—I did not see the prosecutor fall over the inspector while reading the charge, because he was drunk.
Cross-examined by Gregory. You were in company with the six of them.
Re-examined. Neville was sharing the money out, and each of the men there got some.
WILLIAM SHRUBB (311 H.) I was on duty in Brick Lane, at the corner of Fashion Street, on April 20th with Putt when the prosecutor came up and made a complaint to me—in consequence I went with him, and he pointed out Gregory to me from among some other men, and I arrested him—the prosecutor was bleeding slightly from his mouth, and was quite sober—Gregory said, "You have made a mistake this time, guvnor; I know nothing about it"—I took him to the station—he was not put up for identification, because the prosecutor had already pointed him out—the two other prisoners were brought in afterwards, and they were identified in the usual way.
Cross-examined by Neville. The prosecutor did not fall over the inspector while he was reading the charge because he was drunk.
Cross-examined by Morris. The prosecutor arrived at the station shortly after I had got there with Gregory—he did not leave the station with me.
ALFRED PUTT (413 H.) I was with Shrub when the prosecutor pointed out some men to me—I arrested Neville—on the way to the station I saw Morris catching hold of the prosecutor, who was following us, by the throat and trying to drag him back—I left Neville, as I knew I could get him again, to assist the prosecutor—I subsequently arrested Neville and Morris—they were wearing different clothes.
Cross-examined by Neville. I have known you about two years, but more intimately during this last six months—I have never seen you in any decent company; you have always been with convicted thieves.
Cross-examined by Morris. Gregory had been arrested half an hour before I came back and arrested Neville—I freed the prosecutor and you ran away—I ran after you for some little distance—I arrested you about half an hour afterwards—Gregory was at the police station when you were arrested—the prosecutor did not point you out to me from amongst the other men.
Morris, statement before the Magistrate; "On Thursday night, about a quarter to 10, I think, a constable charged me. He said he had Gregory in charge at the police station, and that the prosecutor was there half an hour before I was arrested. Then he said he arrested Neville and he let him go when he saw me fourteen or fifteen yards away taking the prosecutor away. I cannot tell where he could see me taking the prosecutor away, when the prosecutor was booking the charge at the time at Commercial Street police station against Gregory. On the other hand, he said before he arrested me that he had not seen me before only while I was taking the prosecutor away. Then in the evidence at this Court last week he said I had a light jacket on, and he had not seen me previous to the arrest and I had this coat on when I was arrested. The prosecutor was supposed to lose 4s. or 5s., and when charged at the station I had one penny found on me. I plead not guilty."
Neville's statement before the Magistrate: I think this is a great mistake on the constable's part. If he knew I was guilty of this charge when he arrested me first, why should he let me go and then come back and arrest me a quarter of an hour afterwards? I can fetch people I was drinking with."
Gregory's statement before the Magistrate: "I came out of the Three Cranes and stood at the corner. The constable took me, and I said, 'What is this for?' and he said, 'I want you.' I had nothing when they arrested me. No witnesses."
Morris, in his defence, said that between 9 and 10 p.m. he was standing in Brick Lane, watching a crowd, when he was arrested; that, when taken to the station, the prosecutor failed to identify him; that he could not have kept the prosecutor back when Neville was being taken to the station, as the prosecutor was at the police station charging Gregory; and that when arrested he had only one penny upon him.
Neville, in his defence, said that when at the Police Court the constable who had arrested him said, "You can thank Wilson for this" meaning that if he could have found Wilson he (the prisoner) would not have been arrested, but that he was arrested to make up the third man; that the prosecutor, owing to a grudge, had trumped up the case against him, and that he had never been in a Police Court before.
GUILTY . Morris (†) then PLEADED GUILTY to a conviction of felony at Clerkenwell Green on August 4th, 1897, in the name of Joseph Monisey, and Gregory (†) to a conviction of felony at Thames Police Court on December 5th, 1894. MORRIS, against whom a number of previous convictions were proved, and who, it was stated, had practically been in prison since 1892— Seven years' penal servitude. GREGORY, against whom a large number of previous convictions were proved, and who was stated to have been continually in prison since 1885— Seven years' penal servitude. NEVILLE(†)— Three years' penal servitude.
FOURTH COURT.—Saturday, May 6th, 1905.
Before Lumley Smith, Esq., K.C.
PATRICK HEARN . I am a job master at 234, Gray's Inn Road—on March 22nd I was at Ludgate Circus about 6 p.m.—I was driving the horse in question in this case—it was worth about £150—I was in a trap—I went into Messrs. Cook's office, leaving the horse and trap in charge of a strange boy whom I had asked to mind it—I was in there about twenty minutes—when I came out again the trap was gone—I next saw the horse on April 5th—I have not got back the trap.
Cross-examined. I offered a reward of £25.
WILLIAM GEORGE TAYLOR . I am sixteen years and old live at 2, Hampshire Street, Lambeth—on March 22nd, about 6 o'clock, I was at Ludgate Circus—I was asked to look after a pony and trap—I did not particularly notice who it was asked me—I held it for about eleven or twelve minutes—my attention was drawn another way, and I happened to glance round and saw a man coming along with two pennies in his hand—he said, "There you are, boy"—I said, "Thank you"—he jumped into the trap and drove away hurriedly down Farringdon Street—I did not notice him particularly—he was rather a tall man—he is neither of the prisoners.
Cross-examined. I thought the man who gave me the 2d. and drove away was the same who had left me in charge.
HENRY CASE . I am a general shopkeeper, of 80, Bramcote Road. South Bermondsey—I had a stable to let and on March 24th I put an advertisement in a newspaper—on the same evening McMinn and a tall man came to see me—I let them the stable at 3s. 6d. a week—a horse was brought to the stable the same night—the two men came daily to see the horse, McMinn especially—I made a complaint that the horse kicked,
and told them there would have to be some alteration—they told me they would take the horse away and bring a pony and cart in its place, and that the horse would be taken to another stable, and the pony would be very quiet—they gave me no notice they were going to leave—I had no rent from them, only 2s. deposit—McMinn took the horse away—I thought he was going to take it out for a run—the horse was there one week.
Cross-examined. It was the tall man who took the stable—McMinn was looking after the horse—I did not look to McMinn to pay me my 3s. 6d. a week—I never saw Smith, to my knowledge—the man when taking the stable gave me no name—he simply told me he lived at Islington.
WILLIAM JOHN SAVAGE . I am a packer by trade, and live at 29, Cowley Road, Brixton—I have a stable there which I let on March 28th to McMinn, at 5s. a week rent—he paid a deposit of 2s. 6d. and gave me the name of Francis—I did not see the horse in the stable before Saturday. April 1st—it was a black one, with white on the forehead, nose and heels—I have seen it since—it is the same horse—I saw later on, a bill offering a reward, and in consequence I communicated with Mr. Hearn—the latter's manager came with an inspector to my place and looked through the window of the stable and saw that it was their horse, so I gave them permission to burst open the stable door—we went in—while there McMinn came in to feed the horse and the inspector arrested him.
Cross-examined. I first saw McMinn after 7 p.m. on March 28th, when I got home from work—I know that he had called in the afternoon with a man and had seen my wife—I understood that I let the stable to McMinn—I do not know whether he said, "I have brought you half-a-crown," or," I have been sent with half-a-crown"—I know that I took the half crown deposit—somebody fed the horse, but I did not see who.
GERTRUDE ANNIE SAVAGE I am the wife of the last witness—on March 28th McMinn and a tall man not in custody, called to see our stable—they asked about the rent, and were told 6s. a week—they said something about 5s.—they asked when they could see my husband—I told them at 7 o'clock that night—McMinn came that night—I did not hear what took place—on April 5th Smith came about 4 p.m.—I opened the door to him—I had not seen him before—he asked me if I had seen the boy—I said, "Yes"—he asked if he had given me anything—I said, "No"—he asked if the horse was in the stable—I said, "Yes, where do you think it would be?"—at that time McMinn was in custody—Smith further said, "The governor is rather anxious about the boy"—I said, "If you see your governor you might tell him I want him"—I asked him to call the next night—being a bit suspicious, I put my hat and coat on and followed him and saw him meet the tall man—about 10.30 the same night Smith came down and tried the stable gate—I was standing there with Crocker and my husband—the detective arrested Smith.
Cross-examined. I wanted to see Smith's governor, because I had only had half-a-crown deposit on the rent of 5s. and I wanted the other
2s. 6d., but not out of McMinn; I did not expect him to pay me the other half-crown—I believed he was the servant of the tall man—the stable was let to the tall man, not to McMinn—I did not pay much attention to McMinn when he came—I was rather surprised when he was arrested—when I let the stable I did not expect that anybody was going to be arrested—I only saw the tall man once after the stable was let—that was on March 30th, when I gave him the key.
JESSE CROUCH (Detective-Inspector, City). On April 5th, from information received, I went with Mr. Hearn's foreman, Mr. Savage, and two detectives to 29, Cowley Road, Brixton—we went to the stable in the rear of the house—I saw the horse which was identified by Mr. Hearn—I forced the door open, went into the stable and concealed myself—about 10.45 McMinn entered—I confronted him, and asked him who he was—he said he had come to look after the horse—I said, "Yes, whose horse is it?"—he said, "The governor's"—I said, "Who is your governor?"—he said, "Mr. Brown"—I said, "Where does he live?"—he said, "I don't know"—I said, "Where did he sleep last night?"—he said, "I don't know; he sleeps anywhere where he can"—I said, "Where did he sleep the night before?"—he said, "Pearce's, John Street, Clerken-well"—I said, "Where is your address?"—he said, "Coutts Road, Bow"—I said, "What is your name?"—he said, "Jack Brown"—I asked him where he got the horse from—he said, "My brother gave it me to fetch round here from the Elephant and Castle"—I then took him to Bridewell police station, where he was charged—on entering the stable I found concealed in the manger this chisel in a sheet of newspaper—it is not Savage's—at the station where the prisoner was searched we found on him this button-hook which is construed into a picklock—I subsequently saw Smith brought in by Crocker—they were both charged with being concerned together in stealing and receiving this horse, buggy and whip—they made no reply—at the station McMinn gave his correct name and address, but he had previously said his name was Jack Brown—Smith gave no address.
Cross-examined. This button-hook might be used as a picklock—there is no suggestion in this case of any locks having been picked—I am suggesting that McMinn had burglarious implements in his possession—I have made inquiries as to McMinn's character—he had a good character up to December last—in 1901 he was employed as a cabinet maker and left to better himself—he then went into Sir Joseph Causton's employment as a cabinet maker, remaining there for fifteen months—since then he has been a constant associate of a convicted thief named Lee, against whom there is a warrant out—I know that Lee, when he came out of prison, started work as a wheelwright and went straight for a portion of the time, but he then went in for horse dealing whilst he was a wheelwright—McMinn worked for him—when McMinn was arrested he was quite composed, he did not seem to think there was anything wrong.
Re-examined. I have not seen McMinn with any other convicted thief than Lee.
By MR. METHVEN. Lee is a dangerous man.
SAMUEL CROCKER (Detective, City). About 6 p.m. on April 5th I went to 29, Cowley Road, Brixton, Mr. Savage's stable—about 10.15, as I was standing at the gate with Mr. and Mrs. Savage, Smith came to the bottom of the road—Mrs. Savage said, "This is the man who called this afternoon "—I let him come by the garden gate—he went up to the stable door, he examined the padlock, and jumped up and looked over the top—he then walked away—I went up to him and told him I was a police officer—I asked him what he was doing at that door—he said, "Nothing "—I took him to the station, where he was charged—he said, "I am innocent."
McMinn, in his defence on oath, said that he was employed by Lee in wheelwrighting; that Lee started horse dealing and employed him to look after (he horses; that Lee, who was his cousin, went by the name of Brown; that the first time he saw the horse in question was at Case's, where he went with Lee; that he (the prisoner) gave his name as Brown, as Lee told him to trade as his brother; that he did not know in the least that the horse had been stolen, and that he had nothing to do with it except looking after it.
Smith, in his defence on oath, said that he knew Brown; that he had an appointment to meet him at Vassall Road, Brixton; that, not meeting him, he went to the stable to see if he was there, when he was arrested; and that he knew nothing whatever about the matter.
MR. MERLIN Prosecuted.
CHARLES SMITH (Detective Constable, City). On April 10th the prisoner came to Snow Hill police station, saying he wanted to give himself up as being wanted at Grimsby on a judgment warrant—the next day he handed me a written statement [Stating that he had married Ma y Ann Revell, believing at the time that his wife was dead].
There being no evidence that the prisoner had heard of his wife for seven year's previous to the second marriage, the COURT directed the Jury to return a verdict of NOT GUILTY
OLD COURT.—Monday, May 8th, 1905.
Before Mr. Recorder.
MR. A. HUTTON Prosecuted; MR. PURCELL Defended.
NOT GUILTY .
MR. LEWIS Prosecuted; MR. KEYCESTER Defended.
(The Recorder said that as the prisoner was stone deaf he was doubtful whether, without writing the evidence down for him, the trial could be proceeded with, the law being that all evidence given should be in his hearing. The prisoner then wrote down that he had no objection to the case being tried without that being done and the Recorder, after consulting with the Common Serjeant, stated that as the prisoner was defended, this should be done, on the condition that if any new points arose they should be communicated to the prisoner.
The Jury, being unable to agree, were discharged, and the trial postponed until next Sessions.
OLD COURT.—Tuesday, May 9th, 1905.
Before Mr. Recorder.
Discharged on his own recognisances in £100.
MR. WHITELEY Prosecuted; MR. GEORGE ELLIOTT Defended.
GUILTY . Two months' hard labour.
MARIE DU CROZ . I am a widow, living at 12, St. John's Wood Road—on April 15th, about 1.50 a.m., while in bed I heard a noise—I went downstairs to see if everything was safe—I returned to my room, and some little time after I heard the noise again—I went upstairs and looked out of the window and saw two men forcing the dining room window—it was light enough for me to identify them—I saw the face of Phillips, because he looked up at me—the two prisoners are the men—I leaned out of the window to be sure I might not make a mistake, and then blew a police whistle—there is a garden at the back of the house, not at the front—you can only get into the garden by climbing the walls of the garden, and ether gardens surrounding it—when I blew the whistle the prisoners ran across the garden and scrambled over the wall—later on Silver was brought to the house by a policeman for me to identify—I saw Phillips at the station—I picked him out.
Cross-examined. When I blew the whistle no policeman came to the house till one brought the prisoner—I suppose they must have heard it—I cannot say how long it was before the police came.
Cross-examined. I heard the police whistle blown—I told a cabman about the burglars—my mistress called me when she heard the noise
made by the burglars—a policeman came to the house shortly afterwards, bringing one of the prisoners with him.
Re-examined. It may have been ten minutes after, that the police first came.
MATTHEW STAFFORD (450 d.) On April 15th, about 3 a.m., I was on duty in Milner's Mews, Paddington—I saw Silver—he came running towards me—he was very excited, perspiring, out of breath, and had no hat on—I asked him what was the matter—he said, "Nothing, I am only going to the coffee stall to get a cup of coffee"—I asked him what was the matter, where he lived, and where his hat was—he replied, "I have left it on the bed while I ran out, as I was in a hurry. I live in Hall Place"—where I met him was about 500 yards from St. John's Wood Road—I said, "You would not be in that condition with running so short a distance and you would not take such a roundabout way as this to get to the coffee stall in Earl Street"—he replied, "I always come this way"—I said, "I think there is something wrong and you will have to accompany me to Edgware Road to see if there is anyone after you"—we went into Edgware Road and stayed there a few minutes—as no one came up I allowed him to go, keeping observation on him—from information received about three minutes later, I ran in the direction he had taken and took him into custody—he was just leaving the coffee stall—he was still without a hat—I took him back to Mrs. Du Croz's house—the prisoner was seen by her—she said, "I think that is one of them"—he was then taken to the station.
Cross-examined. It may have been over 500 yards to the house from where I first saw him—it may have been about half a mile—it is a fact that there is a coffee stall in Earl Street—it is a long way out of the way to go by Milner's Mews to Earl Street from Hall Place, quite 300 yards—I first saw the prisoner somewhere about 3 a.m.—it would not be before 3—he was got to the station about 3.40.
Re-examined. I did not know at the time where the prisoners lived.
By MR. SANDS. Silver did not ask me to go home with him and see if it was all right.
JOSEPH WRIGHT (Police-Inspector.) On April 15th, about 4.15, I was going to visit the premises in question when I met Phillips—he answered the description given to me by Mrs. Du Croz of the second man—as he passed me he just glanced sideways—I looked at him and found that he was covered all over with lime and dead leaves—I got close to him when he moved sharply away—I called to him and went after him—I said, "Where are you going?"—he trembled and appeared to be very much afraid—he said, "I am going to market to buy some flowers"—he was then coming from the direction of Kilburn, about 200 yards from the prosecutrix's house—I said to him, "I shall arrest you for being concerned with Henry Silver in breaking and entering No. 12, St. John's Wood Road, this morning"—he said, "I left him in bed when I came out at a quarter past 4 this morning. I was with him last night; I left him in Church Street about a quarter past 1. I have been in bed all night"—I took him to the station, where he was placed among eight other men and
at once identified by Mrs. Du Croz—I examined the premises and found that an entry had been effected by forcing back the catch of the dining room window with a knife similar to this—there is some paint on this knife—I examined the garden and found a number of footprints in the soft mould—I traced them over about ten gardens—in one of the gardens I found this cap—the prisoners were charged and made no reply—I searched Phillips and found on him a key of his front door where he lives, and this knife in his breast pocket—there are marks of a reddish paint on it—there was similar paint in between the sashes of the window forced——I took one of Phillips' boots off and also one of Silver's, and compared hem with the footprints in the gardens—they exactly corresponded.
Cross-examined. They were not labouring men's boots, but ordinary boots—the prisoner was identified just as he was—he was practically clean in front, but very muddy at the back—the burglars had destroyed some portions of the garden walls—the cap which I found fits Silver's head well.
Silver's statement before the Magistrate: "I should like you to compare the times given by the lady and the constable. I also draw attention to what she said about seeing me six weeks ago. I was never there."
MARIE DU CROZ (Re-examined). I recognised Silver as a man I had seen before in St. John's Wood Road—he was there looking at my jewellery; the chain I wore and my purse that I was carrying—I was in the street.
Silver, in his defence on oath, said that he hived at 38, Hall Place, Paddington, with Phillips, whose wife was his sister; that on April 14th Phillips and he went to Church Street to see a friend, leaving there about 12.30; that they arrived home about 12.35; that he went to his room, intending to go to bed, when Phillips said to him, "Harry, I have got no baccy, I will run over to the coffee stall and get a penn'orth of shag "; that he (Silver) went with him; that they got back about 1.20 or 1.30; that they sat talking; that he (Silver) then laid on his bed, but he could not sleep, so about 2.50 he went, out again to the coffee stall to get another cup of coffee; that he went out without a cap, as he could not find it; and that as he was coming back a constable ran towards him and arrested him.
Phillips, in his defence on oath, said that what Silver had stated as to their movements on the morning in question was correct; that he (Phillips) went out about 3.45 to go to the market to buy flowers, when he was stopped by the inspector and taken into custody.
Evidence for the Defence.
BLANCHE PHILLIPS . I am Phillips' wife and Silver's sister—I remember the day they were locked up—they got home about 12.40 and went out again to get some tobacco—they came back again and were indoors at 2.30—after that I went to sleep and do not remember anything else—my brother had no cap on when he went out, because I found the cap at the back of the bed—if the inspector had turned the clothes over he would have found it.
Cross-examined by MR. DAVIES. They both returned at 2.30—I was then in bed.
GUILTY . Silver then PLEADED GUILTY to a conviction of felony on February 18th, 1902, at Clerkenwell Sessions, and Phillips to a convection of felony at Clerkenwell Sessions on April 8th, 1902. Two other convictions were proved against him, and six other convictions and two summary convictions were proved against Silver. SILVER— Three years' penal servitude. PHILLIPS— Nine months' hard labour.
NEW COURT.—Monday and Tuesday, May 8th and 9th, 1905.
Before Mr. Common Serjeant.
MR. BIRON Prosecuted.
DAVID WYLLIE GIRVAN . I am a doctor, and live at 46, Loudon Square, Cardiff—on July 23rd, 1904, the prisoner, whom I had known, came and told me that he had been appointed manager of the Land Dealers, Association—he showed me a map and some statements, and assured me that the company was in a very flourishing condition, and he advised me to take some interest in it—I was favorably inclined, and I said, "I shall take some ordinary shares in it, and also qualify as a director"—Hopwood had suggested I should become a director—he showed me this document, which, I think, was written at first, but which, I think, he afterwards typed—[This was dated July 23rd, 1904, and was an agreement to accept 100 ordinary shares of £1 each, 5s. being payable on application, and the balance in calls at 5s. each in six, nine, and twelve months; also 1,000 ordinary shares at £1 each, 1s. being payable on allotment; and authorizing the directors to place the witness's name on the share register in respect of such shares, subject to the terms of an agreement of July 13th, 1904, between the company and Hopwood being carried out, and which the witness agreed to adopt]—I signed that, also the agreement to pool the shares—in consequence of those agreements I drew two cheques, one for £25, and the other post-dated for six months for £300, on July 23rd, and payable to Hopwood, so that I should have control over my £300 cheque until January 23rd in order that the shares might be sold in accordance with the arrangement made in two letters—I gave those two cheque to the prisoner on July' 23rd, and he took them away—I agreed to become a director, and I was to come up to London the following Thursday to be introduced to the Board, who were to elect me a director, so he told me, and he would fix a time in the evening that would suit my convenience—on the day previous to my starting for London I had a wire to prevent my coming, saying that he could not possibly arrange a meeting of directors—no reason was given—after that I consulted my solicitor, Mr. Payne, About the transaction that had taken place—in consequence of what pealed I sent the telegram of July 28th, withdrawing my application for shares to the directors or manager—I then sent this letter to the prisoner, confirming my telegram—I heard from him two or three weeks afterwards, when
I wrote him again—I merely got an acknowledgment of that letter—I did not get my cheques back—later on I met him in Cardiff, when he came down, I do not know with what object—he had let me know that he was coming—I told him what I had done, and demanded my cheques back that I had sent on my application for shares—he said he could not give them up till he had seen my solicitor, Mr. Payne—that was about September—he did not tell me, but I found from my pass-book that the cheque for £25 had been taken to my bank at once after I had issued it, and that it had been cashed on the same day, the 23rd—it has been paid through my bank—I spoke to him about it, but I was not particular about the cheque as long as I could get value for it—my solicitor lived at Cardiff—Hopwood did not tell me about my post-dated cheque, and I did not know then that it had been discounted—I have not seen him again until recently—I have never got my £300 cheque back—I was shown it by Mr. Harris, a money-lender, of Cardiff—it was not paid by my banker till the day it was due, January 23rd, or rather on January 21st—it is paid to Mr. Harris, of Cardiff, and is endorsed by the prisoner—my solicitor advised me to stop the payment of the £300 cheque, and I went to the bank shortly afterwards—on October 13th I issued this writ in an action between me and the Land Dealers' Association, and Edward Hopwood, as defendants, claiming against the company the cancellation of my application for shares, and of the agreement qualifying me as a director of the company, also the return of the £25 and the delivery up of the cheque for the £300, or as an alternative £300 damages—I obtained judgment on January 9th as against Hopwood in respect of the action brought against him—I have never had any return of the £25, of the cheque for £300, nor the damages I claimed.
Cross-examined by the prisoner. I have known you two or three years—I have been in other transactions with you—one was in connection with a Life Assurance Company, also in an action you were concerned in in Birmingham—there were verbal dealings about money matters two or three years ago; so long ago that I have almost forgotten them—I assisted you in an action against the Hull Corporation, and another against Phillip Baker, a solicitor, of Birmingham—I found various sums of money, to the extent, I daresay, of over £1,000, I think more than £750—there were negotiations with regard to other matters, with respect to which no arrangements were made—you did not come to Cardiff to see me specially with regard to the Land Dealers' Association, of which you were shortly afterwards appointed manager—you showed me a balance sheet—I recollect seeing a statement not unlike this produced, but I do not recollect seeing a signed statement, and this is signed by Robinson, Scoffield and Rackham—this is in substance the same—you told me those were the directors who had resigned, so I understood—you said you would form a new body of directors, and I could come up and join them the following week—you said I should get shares because they were increasing in value—I did not give you the post-dated cheque for £300 because I thought I ought to be in it—I did not say that as I had been with you in other things you ought to let me into that company, there being founders' shares,
and that I was pushed for money at the time, and 30 gave you a postdated cheque—the post-dated cheque was given in accordance with the agreement, so that I should have the power to cancel the cheque if you were not prepared to give me the shares—this is my letter of May 16th, 1904—I was to get half profits from the sale of a colliery—I was to find the colliery, and you were to find the purchaser—I also wanted to sell the steamship Devonia—there was to be a division of profits on that—I could not retain a proportion of those profits, because there were none; the ship was heavily in debt—it has never been sold—Roberts Jones returned me £80 of my own money; they did not pay me any money from you—you asked me for an open cheque for the £25—it was cashed—I withdrew from the Land Dealers' Association because I did not like the business—I was told it was a fraud—Roberts Jones are concerned for the Shipping Federation and an insurance company—I did not introduce that company, and they had nothing to do with the Dealers' Association—you told me the agreement was drawn out so that the Dealers' Association should get an increase of capital—I thought the company was a fraud, but I did not associate you with it, and so trusted you in other matters—perhaps you came to see me at Cardiff with a Mr. Gordon, who was scored off the Rolls some time ago, or has he become bankrupt? I do not know, I only wanted my cheques back—there was an interview at the Royal Hotel, Cardiff, I think, in September—I cannot swear that it was not August 25th—at that interview I simply said I wanted my cheques back, and I thought you would cancel the arrangement for shares, because I found the company was not in the flourishing condition you said it was—Mr. Payne advised me to stop the cheque because I could not get the shares—I am not the prosecutor in this case, I am only a witness—I cannot state who started this prosecution; I am subpoenaed to come here by the King—I do not know who has the control of the Land Dealers' Association at present.
Re-examined. The prisoner has no financial claim against me—I have lent him money, and I have always been the loser.
FREDERICK SCOFFIELD . I am an estate agent, of 61 and 62, Chancery Lane—I became a director of the Land Dealers' Association when it commenced in January, 1902, and I remained a director till October 5th, 1904—I produce the certificate of incorporation—the prisoner was appointed general manager on July 13th, 1904—I took on the company's offices at 61 and 62, Chancery Lane, and have occupied them since Christmas, 1904, when the company went to 54, New Broad Street, I believe—no application for shares was made on or after July 23rd, 1904, by Dr. Girvan while I was a director—if there had been, a meeting of directors would have been called, and the application considered—the cheques for £25 and £300 have never come into the possession of the company—they are not acknowledged in the cash book or in any book of the company—the prisoner has never accounted for them to me, or to the company—I remember on July 28th a telegram arriving at the office, which I opened, and which turned out to be from Dr. Girvan, stating, "I will withdraw my application for shares"—when the prisoner
came in later in the day I gave him the telegram, and asked him what it meant—he replied, "Oh, that is all right"—he took it—the Land Dealers' Association are prosecutors in this matter.
By the COURT. The prosecution was not instituted when I was a director—I was subpoenaed by the "other side"—Mr. Harman, of Great Portman Street, is the solicitor.
Cross-examined. I am not the prosecutor—I have said I believe it is the company—I have heard who gave you in charge; I do not know of my own knowledge—you brought an action in Chancery against me and several directors of the company—I have heard that you were arrested outside the Law Courts after these proceedings had been on, but I do not know what happened—you moved for judgment; that was dismissed with costs; the action was re-instated and dismissed again—I was not present when Rackham brought a man into the office, while you were in Court, and drilled a hole into a Griffiths' safe and took away the papers; I know nothing about it—I was on the premises—I had heard that Rackham gave you in charge—he was a director—his resignation was tendered at the same time as mine, and I presume he resigned—his resignation was not properly accepted—I had a written acceptance of my resignation, and had nothing more to do with the company—Rackham said no one had been appointed to accept his resignation, and consequently he had not resigned—the proposed new directors were not elected—that was about January 16th, as far as I know, bat I know nothing about it—I have had a lot of dealings in connection with land—I do not know all about land companies—I know about the Land Dealers' Association up to a certain date—I first became acquainted with Rackham, I think, in 1901—in 1900 I sold Talbot, another director, a piece of land at Winchester—on June 19th, 1900, Rackham got a Mr. Burleigh from Bristol to find money to purchase the Pines, the Down Hall and the Gravesend estates of the Land Dealers' Association, and to form a company, which owned the three estates, called the London Landed Estates Company—they bought the Pines, of twenty acres, for £375, the Down Hall, of thirty-eight acres, for, I think, £550, and the Gravesend, of seventy-three acres, for £4,000—you applied to Mr. Justice Warrington, on December 21st, for an injunction to restrain the directors from taking or destroying documents—in the meantime Rackham purported to hold a meeting of directors at Mr. Morris's office, and invited me and others to join them—the motion was struck out because the counsel, Mr. Terrell, said he did not appear, but the action was re-instated—it may be that on leaving the Court on January 16th you were arrested and brought before the Magistrate on the 17th, the case remanded from the Tuesday till the Saturday, when you got bail, and resumed on the following Monday, January 23rd, but I was not there, and do not know—I believe the London Landed Estates Company was formed in 1900 and was "propped up" by Burleigh's guarantee—he died in August or September, 1901—Burleigh, Rackham, Talbot and I were managers of the company, and drawing salaries—I did not invest any money in the company—I was an agent—Burleigh found the money to purchase the estates—Talbot and Rack
ham did not put any money in the company that I know of—I drew no I salary, I drew commission, the others drew salaries, because they were inside the company, I was outside—when Burleigh died we made up our minds to sell the London Landed Estates Company to a new company which was registered on January 3rd, and called the Land Dealers' Association—the price was 6,000 fully-paid-up £1 shares, which were allotted to the Estates Company and its nominees—I signed that contract (Produced) as one of the vendors—no money passed—the company was sold for shares—the secretary or managing director would send out the notices, and not I, because I was outside—it was the secretary's duty to send the notices—I mean Talbot—everyone connected with the company would have a notice—if Burleigh's executors say they never received such notice I should be surprised—of the 6,000 shares I had 1,003—I had been working without remuneration in this business some considerable time—I have not the figures, but I believe Burleigh's executors got 1,500 shares and Rackham and Talbot 1,711—the members of the Land Dealers' Association were Burleigh, two clerks, Mr. and Mrs. Talbot, Mr. and Mrs. Rackham; I came in afterwards—I was agent—I was admitted one of the managers after the purchase of the estates—I had no qualification as manager—after Burleigh died his executors wrote for information, and as to whether Burleigh had any money in the London Landed Estates, I believe, but I was not a director during Burleigh's time—I was a director when he died in September, 1901—the object of selling to a new company was that more capital was required, because the business had extended, the estates had developed, a number of plotted portions had been sold, and there were many contracts on each estate—more money was brought in—there were several shareholders—I did not bring in any, nor did Rackham or Talbot, but we were all officers of the company—we took three-fourths of the shares as a guarantee; it was more as a partnership—the capital being brought in, we found the experience, and developed and sold the estates—the shares were a division of profits on the sale of the old company—I do not know that it was these dealings the Court of Chancery was asked to investigate—I believe you made charges against the company as soon as your scheme was interfered with for taking the money, but nothing came up till that time—whatever we were charged with, the injunction was dismissed—[The writ issued December 15th, which was to prevent the witness and executors from dealing with shares, and for an account, was produced]—Austin's and Boaler's names have been added since I left the company—I do not know what arrangement was made with Burleigh; I know he received interest—one sum of £25 I found in the cash book when I was asked at Bow Street—the books show when it was, and they are properly kept, but I was, not the secretary—I believe Burleigh's executors asked for information, but the correspondence did not come to my hands, because I was outside the office—what money there was, Burleigh put into the company—I took no steps to give information, because my duties were outside the office—I was not a director when the estates were purchased, nor when Burleigh advanced money—I was afterwards—I received my information
from Talbot or Rackham—I heard from time to time how the company was progressing, and when a new estate was to be purchased, but my duties were away in the country—I know the executors said they wanted money and not shares—Burleigh had lent about £1,080—then the property which his money had bought was sold to a new company and his executors were offered a fourth of the shares—they got nothing—I was paid in founders' shares, which, unfortunately, were worth nothing—I was only paid a commission on plots I sold—I received £2 a week as advances against commission—I sold plots as an agent—my accounts were properly vouched—I do not admit that it was found that I had drawn in advances more than my commission came to—by forming the new company on January 3rd, 1902, £400 to £500 capital was introduced—no prospectus was issued—one was printed—the new company was not advertised—I do not know that the prospectus was ever used—I saw it afterwards—allotment was to be made after 1,000 £1 shares had been subscribed for—I think 400 or 500 were subscribed for before we went to allotment—applications were made for shares at different dates, but I do not know about them, because I did not receive the applications—I attended the directors' meeting—a register was kept—I cannot answer is to what applications were made from memory—I am sure there were more than 200 shares applied for before allotments, which would be made at any date when shares were applied for—At field's was one of the earliest applications—I was not present at every allotment; it was not necessary, and I was on the estates in the country—if a cheque for £24 10s. was sent to Burleigh it would be recorded in the cash book—interest was paid—many cheques were drawn—I do not know how many were sent to Burleigh—there were several transactions between Burleigh's executors and the company, they printed the Articles of Association, plans and contracts of the company, and cheques were sent in payment of accounts as well as for interest—Talbot made secret profits by purchasing the plots and selling them to the company at an enhanced price—I bought plots and sold them at a profit—having bought them, they were mine to sell, and therefore I was not making secret profits—I was not a director, but an agent—Talbot made £1,350 out of the last estate, £350 in cash and £1,000 by a bogus mortgage—he made £625 secret profit out of the purchase of three estates, and I got nothing—the bogus mortgage was subsequently cancelled—it was not paid—I introduced Miss Sands, who bought two plots from me in the first instance on the Pines Estate at £70 and £35—you became connected with the Land Dealers' Association on July 13th, 1904—you agreed to bring in new capital—you insisted on a balance sheet—one was prepared for use in the office—the directors were there—you took it away and had it typed—it was not false—it set out the position of the company as stated in my letter to you—it was not audited, but it was substantially accurate—this is my letter to you of June 28th, 1904, enclosing this list of plots, the amount of purchase money, including interest at 3 per cent., the amount received and the balance to be received—the balance shown was £3,455 instead of £1,833—roughly, £10 was due for interest—there were two mortgages—the amount was £4,050—Rutter was
the mortgagee on the Down Hall Park Estate, and Bather, a client of Mr. Hayes, on the Pines—I was paying 4 1/2 per cent, interest, or about £33 less tax—a quarter of it was paid—if Rutter sued for a year's interest that would be wrong—if you say Rutter wrote about it, I am not aware of it—you wrote accusing me of having given you a false balance sheet, and I answered, denying that it was false—I do not admit £66 instead of the £10 shown in the balance sheet was due for interest—notice was sent to pay off Rutter's mortgage, but I do not know the date—the mortgage was for three years—the company had not the motley to pay it off—the amounts in the balance sheet were taken from the auditors' report—certain expenses in selling the plots have to be added to the balance sheet—the plans are not included in the survey—[The balance sheet showed £6,774 assets over liabilities]—people came for policies which were proposed to be issued free to subscribers, but that matter was dropped—a Mr. Olding bought plots on two or three of the estates—I do not know what he wrote to complain about—he did not refuse to have any more to do with the company because of the balance sheet—there was not trouble with my co-directors Robinson and others over the balance sheet—your agreement with the company arranged for our resignation as directors as soon as you found the money, and that was carried out on our side and not on yours—I resigned, but I found out afterwards your proposed new directors were not elected directors at all, though Cur resignations had been tendered according to agreement—I did not see it, but I was told you had received Dr. Girvan's cheque—I asked you to pay money into the bank if you received applications for shares—you said you had, but you absented yourself from the office and took up quarters at an hotel, where you have been ever since—I was told by Rackham that he had seen the cheque for £300—you kept matters entirely to yourself—we directors agreed to resign, and we did so—your new directors were not elected—when Rackham and I left the company we did not hold a secret meeting and practically clear the till—an inventory was made of everything in the safe—it was your wish to hold a general meeting—the offices are Mr. Watts'—he is the solicitor of the company—the Land Dealers' Association occupied the outer office till they moved to Bush Lane—Frederick William Rackham was managing director and secretary while I was a director—John William was his son.
Re-examined. It is not true that I resigned because I was afraid of an inquiry—names of new directors were given and they have since been written to—the directors held a meeting at the Cannon Street Hotel.
FREDERICK WILLIAM RACKHAM . I live at the Ivy's, Collier's Wood, Tooting—I was a director of the Land Dealers' Association, Limited, in July, 1904—I was a party to the agreement under which the prisoner was engaged as manager on July 13th, 1904—on January 16th last I was present when he was given into the custody of P.C. Chennell by Bernard Boaler, in Lincoln's Inn, and I accompanied them to the police station at Bow Street—the prisoner was charged with embezzlement of various sums—an interlocutory motion had been made that day in Chancery—I knew his address—the arrest was under counsel's advice,
we thought he would leave the country, and the charge, was a serious one—his and other resignations had been tendered on October 5th-to state that he was arrested to prevent inquiries by the Court of Chancery is absolutely false—four gentlemen had been put forward as able to invest £1,500, and on September 26th mention was made of the new directors, but these were not elected, as according to the Articles of Association each director must hold 100 shares in the company, and those gentlemen never held shares—on December 13th I notified every one of the four directors of what was taking place, but neither Robinson nor Scoffield "turned up," so my son and I formed a quorum, and the prisoner's agreement was cancelled—he did not hand over to the company a proper account of the cash he had received—we inquired of a man in charge of the office, who represented himself to be the prisoner's secretary, and, as no satisfactory information could be obtained, on or about December 15th or 16th I took a policeman with me, and a locksmith, who drilled open the safe at the registered office of the company, 61 and 62, Chancery Lane—the books and the share register were then taken to my solicitor's office, and some private letters which we found in the safe were packed up and sent to the prisoner by registered post, a receipt of which I hold—Boaler and I set this prosecution in motion, in a sense, but a resolution was passed and the minute book is here (Produced)—my son and I constituted the Board, and we authorised these proceedings to be taken by my son and Boaler's son.
Cross-examined. My son's name is "Jack," or John William Rackham—this photograph is mine, but the printer in error has put "J" instead of "F"—in signing this transfer as a managing director it is really an "F "and not a "J"—the "A. A." at the end of my name means "Associate of Arts," and is merely that of a Norwich academy—I did not put on the office door "J. W. Rackham, Secretary, Land Dealers' Association," but the "Land Dealers" was at the top, and "F. W. Rackham, Secretary," was underneath—I went to Burleigh and got him to find the money, and he took 2,000 shares through my instrumentality—I swear I had none of that money—Burleigh having died, I know that notice was sent to his executors of the formation of the new company—I went to Bristol to see the executors—I did not see their solicitors—I have known Talbot seven or eight years, first in connection with the Accident Insurance Company in 1894, of which he appointed me agent—the Absolute Insurance Company accepted our policies till it went through the Court—this is the circular announcing the advantages to our shareholders of free insurance, and so on, but the scheme was never carried out, with the Absolute Insurance Company, or, subsequently, with the Sun Insurance Company—at that time Mr. F. A. Moore was chairman of the company, and Mr. Tindal Moore was the solicitor, and the registered office was in Bush Lane—Mr. Burleigh was the company's guarantor—he was a capitalist; he found the money, and we found the labour—we were paid for our labour in commission and shares—Mrs. Holroyd bought land and we credited her with her bond for £84—it is absolutely untrue that we saddled her with more plots than
she bought—a firm of solicitors did not accuse us of having defrauded her—solicitors did write asking for particulars—we occasionally got bonds from other people—the property of the Estates Company was taken over, and mortgages to the extent of £4,050, but no cash—the labour we put in was that of selling and developing the estates—I got 1,571 of the 6,000 shares, the purchase price of the Estates Company—Burleigh's executors were offered 1,500 shares—they have got nothing at present.
HENRY CHENNELL (E. 56.) On January 16th I was on duty in Lincoln's Inn Fields, when I asked the prisoner to accompany me to the station—Rackham and Boaler were there—the prisoner said, "This is a game of bluff, a case has been pending at the law courts; this is the result of a civil action."
Cross-examined. You did not say you were on your way to counsel's chambers to ask him to renew your application to the Courts.
402. EDWARD HOPWOOD was again indicted for that he, being secretary of the Land Dealers' Association, Limited, did unlawfully make certain false statements in a copy of the Change Register of the said Directors or Managers of the said Association.
FREDERICK SCOFFIELD . I am a house agent, of 61 and 62, Chancery Lane—I produce the Certificate of Incorporation of the Land Dealer's Association, and the Register of the Directors of the Company, dated December 14th last, and another Register of Directors of that Company—also a certified copy of the Certificate of the Change Register of Joint Stock Companies—this is altered from time to time, as the directors vary; the alterations were made after my resignation on October 5th, 1904—the directors who retired were Herbert Robinson, J. W. Rackham, F. W. Rackham, and myself—Talbot's name was struck out before I left, also Atfield's name—the certified copy of the change of directors is dated December 14th, 1904.
The COURT directed the Jury that then documents were not sufficient evidence against the prisoner.
NOT GUILTY .
MR. FORREST FULTON, for the Prosecution, offered no evidence.
NOT GUILTY .
MR. FORREST FULTON, for the Prosecution, offered no evidence.
THIRD COURT.—Monday, May 8th 1905.
Before Mr. Common Serjeant.
405. OWEN CHARLES FIELDER (28), GREENWOOD , and SIDNEY FIELDER (24), otherwise GREENWOOD , PLEADED GUILTY to conspiring together to obtain £10 from William David Esdaile, with intent to defraud, and OWEN CHARLES FIELDER to obtaining from R. Hovenden & Company, Ltd., goods to the value of £10 14s. 9d. by false pretences; also to obtaining certain bands, spindles and other goods by false pretences from George Rumbol . OWEN CHARLES FIELDER— Discharged on his own recognisances. SIDNEY FIELDER— Six months' hard labour .
MR. HUTTON Prosecuted; MR. HAROLD MORRIS Defended.
GUILTY . Two years' hard labour .
THIRD COURT.—Tuesday, May 9th, 1905.
Before J. A. Rentoul, Esq., K.C.
407. HENRY JAMES GRANT SEYMOUR (30) and JOSEPH GODDARD, Obtaining by false pretences from George Edwin Foreman a turkey, three bottles of spirits and £8 13s.; from Henry Ackerman £10; from Albert Edward Burrows two bottles of brandy, and other articles, and the sums of £4 4s., £7 17s. 6d. and £4; and from Richard Batchelor and others a turkey and the sum of £8 5s., with intent to defraud.
MR. LEYCESTER Prosecuted; MR. DRAKE and MR. COCKLE Defended
Seymour and MR. HAROLD MORRIS Defended Goddard.
GEORGE EDWIN FOREMAN . I am a licensed victualler, and keep the Rising Sun at Great Scotland Yard—between 6 and 7 p.m. on December 24th Goddard, whom I have known for thirteen years, came to my house and asked me if I had a turkey for sale—I said, "Yes, I have"—I brought and showed him one and asked him 12s. for it—he offered me 11s., which I accepted—he also had a bottle of Three Star brandy, Martell's, a bottle of Black and White whisky, a bottle of gin, and a bottle of port, the total amount coming to £1 7s.—I packed it up and have it to him, and in return he handed me this cheque for £10 (Ex. 1)—I murmured very much at taking a cheque, and he said it was for wages and work done, and produced this letter (Ex. 3), which I wanted to keep, but he would not allow me to—I let him have the goods and £8 13s. change out of the cheque—I took it up to the National & Provincial Bank myself on the Tuesday morning, it being an open cheque—it was returned to me marked "R.D."—I took it to the bank on several occasions, but I never got anything for it—I went on December 29th to the Avenue Theatre, saw
Goddard and told him what had happened about the cheque—on one occasion he referred me to his solicitor, Mr. Pike, in Craven Street—I got this letter from Goddard [Asking for leniency till Wednesday, January 3rd, on which date the cheque would be met, and stating that Seymour expected a considerable amount of money which was being delayed by legal formalities]—after that I presented the cheque on several occasions, but did not get anything for it—I saw Goddard on several occasions, and he said once that he would set the matter alight, meaning, "Go on and do your worst"—the reason that induced me to part with my goods was on account of the letter, and that I believed that the cheque was a good one.
Cross-examined by MR. DRAKE. I took the cheque to the bank first on the 27th, both in the morning and the afternoon—I never could find Seymour and I never wrote to him with reference to it—I made enquiries at the box office and also at the stage door for him on the day after—I did not make enquiries on Boxing Day, neither on the 27th nor 28th—I relied upon Goddard to produce the money for the cheque.
Cross-examined by MR. MORRIS. During the thirteen years that I have known Goddard he has been very seldom a customer of mine—I cannot say whether for the last two years he has been an electrician at the Avenue Theatre—I met him as a customer before I took the Rising Sun—there was no occasion for his keeping away from me—when he came in I was arranging the Christmas hampers for a Goose Club, and he asked me whether I had a turkey to spare—when I gave evidence at the Police Court on April 1st I thought it was about 10.15 p.m. that he came in—I know it would be late, because I should not have known whether I had a bird left from the hampers—when I was at the Police Court I did not have the letter of December 24th, 1904, which Goddard showed me, saying, "Dear Sir,—Enclosed please find cheque for £10 salary and account in settlement to date, Yours faithfully, H. A. Grant Seymour," so I could not have produced it—I meant to have referred to it on April 1st, but I did not—I was recalled on April 8th to produce it—when I saw Goddard about the cheque not being cashed he said, "I will see Mr. Grant Seymour about it."
CHARLES SEAMAN . I am a stage carpenter, living at Kennington—I know Goddard—on Christmas Eve, between 8 and 9 p.m., he came to see me and asked me if I could get a cheque for £10 cashed for him, as he wanted to pay the men for some work done at the Avenue, among whom was my father—he gave me this cheque (Produced) and showed me this letter (Produced), saying that it was for salary—I asked Mr. Acker-man at the public-house opposite if he could get it cashed for me—he gave me £10, and I handed the cheque to him—I gave Goddard the £10—Goddard paid my father, but I cannot tell you the amount—I kept the letter that he showed me in my possession until I handed it over to Mr. Ackerman, from whom I got it back afterwards—Ackerman showed me the cheque returned from the bank, marked "R.D."—having heard that the cheque had not been honoured I saw Goddard at the Avenue; I think it was on the Wednesday or Thursday after Christmas Day—I showed him the
cheque and told him what had happened—he said things would be settled in two or three days' time, and that he was waiting himself—the matter stood over for a fortnight or something like that, and I saw him again and asked him what was to be done—he said he expected it to be settled up soon—I never got any satisfaction for it—he sent me once to 203, Strand, and I saw a man there—he said he expected things would be settled up soon—Ackerman sued me for the amount of the cheque, and I am paying him back for it by instalments.
Cross-examined by MR. MORRIS. I met Goddard first at the Grand Theatre, Croydon, about eight years ago, when he was under the electrician there—I could always get at him when I wanted to see him—when I told him that the cheque was not honoured he seemed put out over it; he told me that he thought it would have been met.
HENRY ROBERT ACKERMAN . I keep the Princess of Wales, in London Road, Southwark—on Christmas Eve, Seaman, whom I knew, brought Goddard over and introduced him to me—I cashed the cheque for £10—it was afterwards paid into my bank and returned to me marked "R.D."—when I parted with my money I believed it to be a cheque that was worth the money.
GEORGE HALLIWELL . I am the manager of the Northumberland Hotel, Strand, kept by Mr. Burrows—on December 23rd Goddard came into my house about 6 p.m.—I knew he was an electrical engineer at the. Avenue Theatre—he asked me if I could oblige him with change for this cheque for £7 17s. 6d. (Produced)—I said, "I will see"—I asked Mrs. Gibbs, and she said, "Yes"—I gave him the change for the cheque, which I handed to Mrs. Burrows the next morning.
Cross-examined by MR. DRAKE. On December 19th I went to Seymour's bank, the National & Provincial—I knew Seymour drew cheques on that bank, and I went there with a £30 open cheque, dated, I think, December 18£b, by the instructions of Mr. Burrows—Mr. Burrows had advanced £10 on it and I tried to get it cashed before we gave him the rest of the money—I did not know that Seymour was in the managers' office when I got there—the cashier stopped the cheque, because he said we had only advanced £10 on it—he did not tell me that Seymour was there and that it was he who stopped it—on December 19th I went to the Avenue Theatre and saw Seymour—he did not tell me that he had been at the bank and had stopped it; he said, "Shall I write you out a cheque for £10?"and I said, "Yes"—he then asked me for the £30 cheque back, and in his office he drew out a cheque for £10, which I took to the National & Provincial Bank on the same day and received cash for—I had paid in one or two of his cheques which had been honoured, but I cannot give you the dates—they were prior to this transaction of the £30—on December 30th, when I cashed the £7 17s. 6d. cheque that Seymour had drawn in favour of Goddard, I knew that Seymour had an account at the bank—on returning from taking the £30 cheque I told Mr. Burrows that the clerk at the bank had stopped payment.
Cross-examined by MR. MORRIS. At the Avenue Theatre the treasury was a Saturday night—Mrs. Gibbs would know, about Goddard coming in
on December 17th and changing cheques; she is the manageress, and if I have any doubt I apply to her—on the same night I cashed a cheque, made payable to a Mr. Mansfield, and drawn by Seymour.
Re-examined. Mr. Mansfield's cheque was for £4 and was dishonoured also—I was not present when the £10 was advanced on the £80 cheque.
ANNIE GIBBS . I am the manageress of the Northumberland Hotel, Strand—on December 24th Goddard came into my house about 5 or 6 p.m.—he showed me this cheque for £5 (Ex. 5) and asked me to cash it for him—I said I would not and he went away—he came back about 10 p.m. and asked me if I would let him have some goods, and I said I would—I think he had two bottles of brandy, one of Scotch whisky, and one of gin, which came to 16s.—he gave me that same cheque for £5, and I gave him £4 4s. change—he left the goods there and told me he would send for them, and someone came for them about 11.55 p.m.—I handed the cheque to my employer on the morning of the 27th—I remember some days before I advanced £10 on a cheque for £30—we had not sufficient change to give it all to him, and I told him I would give him the rest in the morning when the cheque had been sent to the bank.
Cross-examined by MR. MORRIS. I only know Goddard as being a customer; I have heard his real name is Kears—when he first used the house I used to cash cheques for him in that name—I heard he had some money, and he had a good many cheques in the name of Kears—I also cashed other cheques for him in the name of Goddard—very likely I cashed two cheques for him on December 17th, the Saturday before—all those in Goddard's name were drawn by Seymour—I cannot say that those in the name of Kears were drawn by a Mr. Pike—I think Mr. Burrows' bank is the London & County, Victoria Street—December 24th being Christmas Eve, we were rather busy—we had a good deal of customers, and we were rather short of change—when he came in later we had more change.
ALBERT EDWARD BURROWS . I keep the Northumberland Hotel, Strand—on December 27th Mrs. Gibbs handed me a cheque for £4 and also one for £7 17s. 6d.—we paid them into the bank and they were both returned marked "R.D."—we also sent a cheque for £5 given to Mrs. Gibbs by Goddard, which was returned marked "R.D."—Mrs. Gibbs received a letter from him. [Ex. 6 was then read, asking leniency till Wednesday, January 3rd, on which date the cheque would be met and that Seymour expected a considerable amount of money which was being delayed by legal formalities.]
Cross-examined by MR. DRAKE. I cannot remember how many cheques prior to these two drawn by Seymour I cashed; I should think about six—I cannot tell you when I first cashed cheques for him—they were generally sent up to the bank and I received consideration for them, with the exception of the £30 cheque which I heard was stopped by Seymour himself—I sent Halliwell up with it, and I could not get it cashed, because the bank said we had only advanced £10 on it—I did not hear that Seymour was in the bank when it was presented—I received a £10 cheque from him which was presented and honoured.
Cross-examined by MR. MORRIS. All the other cheques I have cashed drawn by Seymour were not made payable to Goddard—my bank is the London & County—if they were open cheques I always sent up for cash—I cannot contradict that Goddard brought me two cheques on the Saturday previous, drawn by Seymour, both of which were honoured.
RICHARD BATCHELOR . I am manager to Bellamy Brothers, Chandos Street—on September 22nd my man handed me this visiting card (Produced)—I did not see the man who brought it then—between 4.30 and 6.30 p.m. on December 24th Goddard drove up in a cab and asked for a turkey that he had ordered to be reserved for him by leaving his card—I had reserved one for him in consequence of what my man told me when he handed me Goddard's card—I showed him a large turkey at 35s.—he asked me to cash a cheque for £10 drawn in his favour by Seymour—I said it was not our custom to cash cheques, especially for strangers, so he produced a letter purporting to show that the cheque was for wages (Ex. 3)—I said I would go down in the cab with him to the Avenue Theatre and see whether it was for wages—I drove down with him—I saw two gentlemen in the box office; I cannot say whether Seymour was one of them or not—Goddard said, "This is all right, is it not it is for my wages?" and he showed them the cheque and invoice—they led me to believe that it was all right; I cannot say the exact words that were used—I went back with Goddard to my shop, and I there handed him the turkey and £8 5s. change in cash—I sent the cheque to the bank by hand on the tuesday morning, when it was returned marked "R.D."—it was again presented on the 28th, and returned—I wrote to Goddard, and received this reply from him [Stating that he was very much upset at hearing that the cheque had not been honoured; that Seymour had paid him several sums by cheques, which had always been honoured; and that he had seen Seymour, who had assured him that the cheque would be met on January 3rd]—after that I placed the matter in the hands of our solicitors—I never got any money for the cheque.
Cross-examined by MR. MORRIS. He did not demur at my riding down in the cab to the theatre with him.
WILLIAM GEORGE CHARLES WHITWORTH . Last year I was manager of the National & Provincial Bank at 114, High Holborn—Seymour had an account at that branch, which was opened on August 2nd, 1904, by a payment in of £300 in notes—this is a certified copy of that account (Ex. 9)—it was operated on constantly—the next payment in was £100 on August 20th, and there were a number of cheques drawn on it—on November 2nd the account was overdrawn to the extent of £123, in consequence of a cheque for £300 being cashed—on November 14th a cheque for £400 was paid in, which put it in credit again—it remained in credit till November 18th, when it became overdrawn to the extent of £298, which had increased by November 26th to £443—on the 28th there was a payment in of £100, but on December 2nd it was overdrawn to the extent of £471 12s. 3d.—I had no security at that time—I saw Seymour nearly every day, and told him from the commencement that his account must be put in credit again—I produce a copy from our books, showing what cheques were
dishonoured (Ex. 15)—I see a cheque drawn to a Mr. Wicks on December 2nd was the first one dishonoured, but we had orders to do so—the account was overdrawn then £471 12s. 3d—from the first time that cheques were honoured which overdrew the account £298, about November 18th, I told him that I could not cash any more unless funds were provided to meet them—I allowed him up to £500 overdraft, but he was not to exceed that—I told him to reduce the overdraft every time he came, as he had promised to do—on December 5th £300 was paid in, bringing the overdraft down to £176, and it then started increasing till, on December 7th, it got to £494, which is the highest it ever got to—on December 19th a cheque was paid in for £1,000, which was returned, I think, on the 21st—I understood it was to be paid, and I re-presented it—on December 19th and 20th we paid £300 or £400 against it—if the cheque had been honoured he would have overdrawn only £36 11s. 8d.—on December 23rd he drew out a new cheque book, and on the 24th he paid in £21, and drew out £21—on the 27th the £1,000 cheque, which I thought was a good one, was returned, and we, debited his account with it—when it came back the first time I let him know—I cannot say for certain the date; the bank book will say; it was before the 24th—we told him we were very much surprised, as he had promised faithfully that it would be met, and he said he did not know, but he thought the security had been provided to meet it—it is a cheque drawn by a Mr. Wheel, whom he told me was a friend of his who had drawn it for him to put into his account to help him until a syndicate to run a play called "Ladyland" was formed—the cheque was provided till the money came from the syndicate—he was surprised at it not being honoured, and said he was providing securities to meet it—I presented it the same day of my own accord—if the cheque had been honoured, the cheques that he drew on December 24th would have been honoured to the extent of an overdraft of £500.
By the COURT. The cheque not being honoured, the account would be overdrawn £1,036
MR. LEYCESTER stated that an answer had been made to the charge, since all the cheques with which Seymour was charged would have been honoured if the £1,000 cheque had been met; that he had no evidence that Seymour did not reasonably anticipate that such would be the case; and that he offered no further evidence against either of the prisoners. The COURT concurred and directed the Jury to return a verdict of
NOT GUILTY .
Before Mr. Common Serjeant.
Third Court, May 3rd, 1905.
about 10.45 p.m.—when I arrived I found an entrance had been effected, as I had been keeping observation on another place—I found the female prisoner detained in the back parlour—I went upstairs, and in the back room found the male prisoner detained—in that room I found these four complete, moulds and one broken mould, for the manufacture of counterfeit florins, five pieces of metal, one melting pot, one ladle, one pair of clamps, a quantity of silver sand, antimony, lead, cyanide of potassium, a polishing board, a pair of pincers, a penknife, twenty-six skeleton keys, a jemmy, some copper wire, some plaster of Paris, boards, scales, and two drying irons; and on the ground floor were these moulds, some pliers, and a hammer, a chisel, and various tools in a box—I told the male prisoner I was going to search the house—he handed me from the bed one genuine florin, and one genuine 5s. piece, having the appearance of plaster of Paris upon them—the back room upstairs was apparently used as a workshop, also the ante-room, and contained a lot of stock—I found this jemmy under the floor boards—I told the female prisoner she would be charged with being concerned in possessing these moulds and coining implements for the manufacture of coins—she said, "Who has put us away?"—I got a cab, and took the prisoners to the station—I afterwards made a further examination of the house, when I found some of the things I have mentioned—at the station I showed them the whole of the things—they made no reply.
WILLIAM BROWN (Detective). I went, with other officers, to 34, Watson Street, Plaistow, on the evening of March 30th—when I knocked, the door was opened by the female prisoner—when she saw me she attempted to close it—I said I was a police officer, and must come in—she let three dogs out, which ran at our legs, and started barking, but we pushed her on one side, and went into the kitchen, and then upstairs—I heard someone going out at the back window, and afterwards saw the male prisoner brought in—the female prisoner began to cry, and I said, "Don't upset yourself"—afterwards I took part in finding these things.
Cross-examined. You did not ask us to come into the house.
WILLIAM RYAN (819 K.) On March 30th, about 10.45 p.m., I went to this house—in the kitchen I saw the female prisoner—she was trying to get by us through the door, but I stopped her—I told her she could not go out, and that she would most likely be charged with having possession of a mould for the manufacture of base coin—she said, "Who has put us away?"
JOHN LING . I am an estate agent, and have the letting of 34, Watson Street—the house was let to the male prisoner in November, 1903—I have collected the rents since—they were regularly paid by Mrs. Phillips every time I called, but once.
Sarah Phillips, in her defence, said that she had nothing to do with it; that when the officers came, she invited them into the kitchen; that they asked what her husband was, and she made no answer,
GUILTY . JOSEPH PHILLIPS, who had several times been convicted of coining as well as other offences, besides summary convictions— Five years' penal servitude. SARAH PHILLIPS— Twelve months' hard labour.
Before Lumley Smith, Esq., K.C.
Fourth Court, May 3rd and 4th, 1905.
DAVID MACKENZIE RUSSELL . I live at East Lodge, West Ham Park and am a park superintendent under the City Corporation—on November 2nd the prisoner came and asked me if I could lend him a saw for half an hour, as, he said, he could earn half a dollar—I said I did not know him—he said, "Walter Lilley there knows me"—Lilley said, "Yea, I know him, but I don't know much of him"—I lent him the saw—he said he would bring it back in the afternoon, as I told him to do—it was not brought back—I next saw him, I think, on April 17th—I had previously given information to the police.
JOHN WILKINSON . I live at 12, Adamson Road, Customs House, and am a joiner—on November 2nd I was employed by the City Corporation—by instructions I handed the prisoner a saw—he promised to bring it back in two hours—it was never returned.
WALTER EDWIN BAKER . I live at 119, Woodgrange Road, Forest Gate, and am employed as a pawnbroker's assistant by Mr. Paul—on November 2nd this saw (Produced) was pawned with us in the name of John Warren for 1s. 6d.—I cannot remember that I took it in, but I know the prisoner as a customer of the shop—this is the ticket.
GEORGE SORIMSHAW (Detective-Sergeant K.) About 8.15 p.m. on April 15th I was in West Ham Lane, when I saw the prisoner—I said to him, "Bill, I want you for stealing a saw at West Ham Park on November 2nd last"—he said, "That is right, George. I had it; I pawned it with Paul's in the Woodgrange Road, in the name of Warren, for la. 6d."—I took him to the police station—whilst being detained for inquiries he said, "Go on, get on with it; I have told you quite sufficient. Put me in the nick; three months will do for me this time"—he was charged and made no reply.
The prisoner, in his defence, stated that he earned a few shillings with the saw, but did not get paid, and as he was without money he pawned it with the intention of redeeming it next day.
GUILTY . He then PLEADED GUILTY to a conviction of felony at West Ham on May 20th, 1899. Three other conviction were proved against him. He was given a bad character by the police. Two months' hard labour.
MR. ROOTH Prosecuted; MR. WARDE and MR. BOHN Defended.
OLAF CHRISTOPHER JOHANSEN . I live at 295, Star Lane, Canning Town—I am seventeen years old and live with my parents—last year I became a member of the Young Men's Christian Association, 125, Barking Road—I there met the prisoner—he described himself as a missionary—I saw him constantly—he held a mission at Ford's Park Road—I took a class at the mission on one or two occasions by the prisoner's request—I was in the habit of giving him 4s. a week from July to the end of October—he has had meals at our house three or four times every week, and sometimes brought his wife and child—at the end of October I got out of work, also my father, and we were in great distress—an uncle of mine wrote a letter to Mr. Speyer, a philanthropist—the prisoner never said anything to me about having received money on behalf of our family, or that he had cashed a cheque or received one on our behalf, or that he had been in communication with anyone on our behalf—on December 31st he handed me £1—I gave him a receipt for it at the time—he said he had had some money sent to him to distribute among deserving families, and as we had helped him in the past he would help us now—during the following week I had my glasses repaired for which the prisoner gave me 5s.—on January 7th he handed me another £1, and I gave him a receipt for £1 5s. on Monday, January 9th—this is the receipt I gave him, but it was not in the form it is now—it is now made out for £4 5s.—the figures have been altered from £1 5s.—I did not then notice whether or not there was the date of January 2nd upon it—that is not the date on which I gave it—I gave it on the 9th—I have received no other money from the prisoner—I accounted to my mother for the £2 I received—from information received in March I communicated with the police.
Cross-examined. It was at night time I gave the receipt—I do not remember with what ink I signed it—I remember at the time the prisoner's little girl calling out "Good-night" to him—he was not suddenly called out from the room—it was signed in his back room—I say I did not receive £1 before December 31st—I know that my mother had some goods on hire purchase, that instalments were due during December, and we were then in dire poverty—I do not know what the value of the goods was, nor that she paid 7s. deposit—I am not likely to have forgotten having received any more money from the prisoner—I do not keep accounts or memoranda.
Re-examined. The receipt of £1 was not a common incident during December—I swear the only pounds I received were the two I have mentioned.
By the COURT. I was out of employment then, and also my father.
MARY ELIZA JOHANSEN . I live at 295, Star Lane, Canning Town, and am the last witness's mother—I am the wife of Olaf Edward Johansen, who is a jobbing; shoemaker, a Norwegian by birth—the last witness
was a member of the Young Men's Christian Association, 125, Barking Road—I have known the prisoner since last July—he came first to my house to ask about my son helping him in his mission—my son had given him money weekly—the prisoner often had meals at our house, sometimes four or five times a week—he told me that he was very poor, and that he was working his mission without any salary—about November last there was great destitution in our neighbourhood—my husband and sot both fell out of work—I had heard of Mr. Speyer—at my request my brother wrote to Mr. Speyer for assistance—in consequence, a gentleman called upon us and relieved our immediate wants—on Christmas Eve he gave us a sovereign and paid a 16s. bill we owed at a grocer's—the prisoner never told us he had received £5 on our behalf—on December 31st he came and said he had had some money given to him for people in distress, that we had been good to him, and he would give me a sovereign and would send it by my son, which he did—my son gave it to me—the following Saturday night I received a further two half-sovereigns from my son, who said the prisoner had given it to him for me—our distress continued right on through January, February and March—at the end of January we had a distress put into the house—I told the prisoner of this, and asked him if he could borrow a sovereign for me and I would repay it—he said he could not borrowany money; the relief fund was closed, but he would lend me 2s. out of his own pocket—I told him he was as poor as we were, and I could not think of taking it—I received no more money from him except the £2.
Cross-examined. In the summer time previously I had bought some furniture on the hire purchase system—the instalments were regularly paid—the goods have never become mine—they were seized for rent on December 31st—one night I went to the prisoner's house and wanted to stay there, as my husband was under the influence of drink—I stayed there about two hours, when my son took me home—my husband is not a total abstainer—he has been drunk four times in twenty years—the occasion you are speaking of was the latter end of February—we were then in distress—he had met some of his old mates and they had treated him.
Re-examined. The furniture I spoke of was bought by my son in June—it was seized by the landlord for £3 2s. 6d. that was owing—I have heard nothing further of it.
HORACE LITTLEJOHNS . I live at 19, Essendine Road, W., and am private secretary to Mr. Edward Speyer, of 46, Grosvenor Street—Mr. Speyer handed me this letter from Mrs. Johansen (Produced), and in consequence I communicated with the Charity Organisation Society—Mr. Speyer received a letter from the Mansfield House University Settlement, Canning Town, which is, I believe, a similar institution to the Charity Organisation Society, in which letter references were made to the prisoner—Mr. Speyer had a cheque drawn for £5, which was forwarded to the prisoner, who wrote in reply, saying it would not be much help to give the whole sum at once, but that he would see the Johansens had the money in such a way that it would be most beneficial to them—the cheque was sent for the Johansen family alone—we received certain information in March, and inquiries were made.
Cross-examined. If there was a payment of £1 on the 31st, that would be a week after the prisoner received the cheque.
RICHARD WHITFIELD HILL . I live at Princes Road, Buckhurst Hill, and am cashier at the London & Westminster Bank, Lothbury—this cheque (Produced) I paid on December 29th—it is endorsed "W. Allister"—Mr. Speyer's account has been debited with the amount.
Cross-examined. I can tell the date by the perforation on the cheque.
Cross-examined. I cannot say how many times I have seen him write, but a few times.
CHARLES CARTHEW . I live at 25, Cantwell Road, Shooter's Hill, and work for the Charity Organisation Society—from instructions received I went on April 3rd to the prisoner's house—he was not at home—I made an appointment for the next day and went there then—I saw him and said, "I have come to see you in reference to receipts that you have received for money that has been sent on to you by Mr. Speyer"—he said he had not got them, and it would take him two days to find them—he then said, "I have kept out of the money that Mr. Speyer sent to me, 15s."—he did not then say how much he had received, but I had in my possession his receipt for £5—I asked him why he had kept 15s.—I said, "If you had sent on the whole of the money you would have prevented that poor family from losing their home"—he said, "I have been keeping the young man in food and he has broken a window, and I kept the 15s. to cover that expense"—I told him he had no right to keep money that was sent to him for a specific object, he ought to have paid it over at once—he said, "Well, I have no means of living; I have no salary except the money that I get from friends. How am I to exist if I don't get money in this kind of way?"—I said, "You had no right to take the money at all unless you got permission from the donor"—I said further, "Will you show me those receipts or will you not?"—he went upstairs and in about ten minutes came down with this receipt—I said I had been told there were two receipts, one for £1 and the other for £1 5s.—he said, "I have no other but that receipt"—I looked at it and said to him, "Why, the figures are of a different colour to the body of the receipt; how is this?"—he said he did not know—I said, "It appears to me that it has been tampered with, the ink that you have written the figures with; you have done it after the body of the receipt has been written"—he denied doing so—he told me he had paid over to the family the whole of the amount he had received except 15s.
Cross-examined. I made no inquiry as to whether the prisoner had mentioned the receipt of the cheque to any treasurer or anyone connected with his mission—he told me during the interview he had nobody connected with the mission, he was in sole charge of the work—the "4" of the"£4 5s." is the same ink as the "5"—it is not lighter than the "5"—I went to his house intending to believe his story whatever it was—he told me he had paid 5s. for the young man's spectacles—I did not
believe that, because it was simply for a broken frame—I have since found out that 4s. 6d. was paid.
JOSEPH PAYNE (Detective). I am stationed at Canning Town—on April 18th I received a warrant for the prisoner's arrest, which I executed that day—I said to him, "I am a police officer and I shall arrest you on a warrant for being entrusted with certain property, to wit, the sum of £5 in money, in order that you might pay the same to a certain person, to wit, Olaf Johansen, did fraudulently convert part of it, to wit, the sum of £2 15s. to your own use and benefit, contrary to the Larceny Act, 1901"—he replied, "I don't know Littlejohns, nor do I know Edward Johansen"—I took him to the station, where he was searched and a letter, a receipt and a pocket book were found on him—the letter is signed by Littlejohns, and the receipt is the one produced here.
The prisoner's statement before the Magistrate: "I say that I received the cheque. I hadn't time to cash it when I received it. My wife said to me, 'See if you can get something for them Christmas.' I took the cheque to the Estate Office. When I first went the agent was not in, and when I went the second time it was too late to cash the cheque. My reason for taking it there was because it was crossed. The agent asked me if he could help me by lending me a sum. I said, 'Thank you very much; I should be glad of £1.' He gave me £1. That was on Christmas Eve, The witness for the prosecution, Christopher Johansen came to my house in the evening, and I gave him the £1, I intended taking him into the City the following Monday, so that I might take him to an optician's for a pair of spectacles he was badly it need of. The thought did not occur to me that it was Bank Holiday on the Monday, so when the shops were open again I took him to Mr. Manhood's. Mr. Manhood was not in, and we were to leave the spectacles, and Mr. Manhood would see that they were done properly. I had on the'27th given Christopher Johansen £1. On the day that he went for his glasses I gave him 5s., and he came back in the evening and brought me 6d. change from the 5s. I told him to put that into his pocket. On December 31st I gave him another £1. He was in my room and I said,' You may an well sign a receipt for the money you have received.' He said, 'All right.' He signed the receipt marked 'H.' I had only one kind of ink in the house. I had taken some and thinned it for the purpose of, my stylographic pen. I had no stylo ink in the house. The receipt was written with that pen and signed with it. The ink was on my desk in a vessel, and of course it was open ink and it was thick. It was the same ink, but I didn't doctor it. My little girl called me to say 'Good-night' to her after the witness had signed the receipt. I left him in the room whilst I went. I thought no more about the receipt until the morning. In the morning I picked the receipt up. The only difference in the receipt when I made it out was that with my stylo pen I made the figures thicker than the writing. The figures were not altered. In the morning I noticed that they were darker than when I left them. They could not have been touched with the stylo pen; that was in my pocket all night. I have said nothing about this. I merely admitted that I had made the figures' thicker
than the writing; but I declare that the figures had not been altered by anyone. Through the whisperings I knew that the witness, Mrs. Johansen, was terribly set against me. I saw that they were determined to upset me. I was slandered. I hadn't any money to prosecute, and to tell the truth, I wanted this prosecution to come. I wished to be prosecuted so that the truth might come out. This hatred of Mrs. Johansen's, dates from the time when I would not allow her to stay at my house all night; and so, seeing the ink was of a darker colour I at once knew that it had been used from the ink-well which was on my table, and of course I had only one conclusion to come to, and that it had been used. The figures had been made thicker and darker with an ordinary writing pen for the sake of bringing evidence against me. I think I can prove by witnesses that perjury is in the case through and through. Mrs. Johansen told me that her husband had turned her out of the house and also the man who came with her. She told me this in the presence of my wife. I didn't know what to say, and while we were talking the matter over, the son came down and told his mother that his father had gone to sleep. I sent Mrs. Johansen home and the man stayed in my house all night. My life has been threatened through these two."
The prisoner, in his defence on oath, stated that he received the £5 from Mr. Speyer, that of it he handed £4 5s. to young Johansen, that 5s. of it was for Johansen's spectacles, that he never altered the receipt, which was originally made out for £4 5s., and that he had 15s. in hand.
He received a good character.— GUILTY . One month's imprisonment in the Second Division.
Before Mr. Justice Channell.
Old Court, May 3rd and 4th, 1905.
MR. WARDE Prosecuted.
THOMAS TAYLOR . I am a labourer, of 79, Vincent Street, Canning Town—the deceased was my wife—she was thirty-six years old—she had very good health—we lived next door to the prisoner—we had been there for just over eighteen months—my wife has had several words with the prisoner—if my missus went into the back yard the prisoner was always on to her—on Saturday, March 25th, I was at home about 2.30—my wife and myself had two pints of four ale between us—that was the usual thing for us to have—I drank most of it—about 6.30 my wife went out to get me some tea—she took our little boy with her—after they had been gone a few minutes he came back, and from what he said I went to the Pitt's Head, which is about a minute's walk from our house—when I got there I found my missus on the floor dead—she was carried to my house, and I went for a doctor—he came in a minute or two.
Cross-examined by the prisoner. I and my wife were not fighting on the Friday night—she has not been out drinking since we have been married—I did not burst your door open one night, but when I came home you and my missus were rowing—you hit her in her mouth and kicked me in the privates—you row with everybody.
EMMA JOHNS . I am married, and live at 67, Vincent Street, Canning Town—on the evening of Saturday, March 25th, I went into the Pitt's Head with Mrs. Cox—the prisoner came in with a Mrs. Connor—we were not drinking with them—some time after the prisoner came in the deceased came in with her little boy—me and Mrs. Cox had two glasses of ale—the deceased called for two glasses of ale—she gave one to someone in the bar, but I do not know who, and had one herself—I had lent her 1s. on the Friday night, and 3d. on the Saturday morning—I thought she put 1s. on the counter, but it was a sovereign—I put my hand on her shoulder and said, "Have you forgotten me to-day?"—she said, "No, I have not, old girl"—she called for two glasses of porter and handed me one—I said, "You know I cannot drink the Pitt's Head beer "—it is not bad beer, but it does not suit me—she said, "You have my ale and I will have your beer"—she took the ale off the counter and put it between me and Mrs. Cox, and said, "I have drunk out of it, but you won't mind"—I said, "No"—she said,. "It won't poison you"—she took the glass of porter off the counter and said, "Never mind, I am only an old whore after all"—the prisoner turned round and struck her in her face twice—I cannot say if the deceased had spoken to the prisoner before that—the blows were quick—the deceased said, "Oh," and down she went on the floor—I did not know the prisoner very well except to pass the time of day—I knew the deceased very well—the prisoner always seemed to be very much against the deceased, but I cannot say why.
Cross-examined. The deceased did not spit her beer in your face—she did not say to you," You are a dirty whore"—she did not take any notice of you—I have never seen you in a row, but you can get on with one as well as anybody; you are a drunken bully—I have lived in the street for fourteen months.
Cross-examined. I never saw you in a row in the street.
ELLEN GIBBS . I am married, and live at 14, Hemsworth Street, Canning Town—on Saturday, March 25th, I was in the Pitt's Head—I did not know the deceased, but I saw her lying on the ground—I believe she was knocked to the ground by a blow—as I turned round I got a blow on my left temple—I saw the prisoner drinking at the bar with Mrs. Connor—I did not see what the prisoner done until I saw her strike the deceased on her right eye—I did not see how many times the deceased was struck—she fell to the ground, but I did not know if she was in a fit or not—the prisoner must have tried to hit her again, otherwise I should
not have got the blow—it did not hurt me, but it made me holloa and call "Murder"—I asked the prisoner for an apology—she said, "I did not mean it for you, Mrs. Gibbs. I did not know you had a bad arm. Come outside and I will make an apology"—we went out with Mr. and Mrs. Connor and went into the private side and the prisoner called for a quartern of whisky—she said she intended the blow for the dirty b—lying there, meaning the deceased—I had not heard the deceased speak, but I heard the prisoner say," I will let her know why she calls me a dirty b—behind my back."
HARRY BRETT . I am potman at the Pitt's Head—on March 25th I saw the deceased after she had fallen to the ground—I raised her up, and put her head on my knee and called for brandy—Mrs. Cox bathed her temples and tried to force some brandy down her throat—she was unconscious—I raised her and set her on her feet, got Mrs. Cox to wrap a shawl round her and then I carried her home—I cannot say if she was dead before she sot out of the Pitt's Head—I sent for her husband.
Cross-examined, I have often seen you in the saloon bar at the Pitt's Head.
ALFRED NICHOLLS (Detective-Inspector K.) On March 28th I was at the inquest on the deceased—afterwards I arrested the prisoner and told her the charge—she said, "Yes, sir"—I conveyed her to the station—she was charged and she made no reply.
WILLIAM MUNRO GALLIE . I am a registered medical practitioner, of 12, Ford's Market, Canning Town—at 6.15 p.m. on Saturday, March 25th, I was called to 79, Vincent Street, where I found lying in bed the body of a woman evidently quite recently dead—on the Monday morning I made a post-mortem examination—I found an old bruise over one eye—on the outside of the eye I found a small bruise on the lid running up to the edge of the bone and not quite so large as a sixpence and very slightly discoloured—above that there were a few scratches and the skin very slightly swollen—there was also another injury, evidently a bruise, between the base of the thumb and the forefinger of one hand—there were no other signs of external injury except an old scar at the back of the neck—on opening the skull I found on the under surface of the scalp near the pole of the head a bruise slightly larger than a sixpence, evidently recent, but it could not be seen from the outer surface of the scalp—on taking off the skull cap I found the membranes of the brain bulging, and on opening them I found the space between the membranes and the surface of the brain filled with a moist clot of semi-fluid blood, which had extended down to the opening of the brain—on opening the chest I found the lungs both showed signs of old bronchitis—there were blood clots in the chambers of the heart, but there were no signs of disease, and the valves could do their work perfectly—the kidneys and liver were free from disease, but the liver was slightly enlarged—the stomach was practically empty except for a small quantity of fluid—death had taken place through compression of the vital centres in the brain—the compression was due to haemorrhage on to the surface of the brain—the haemorrhage was due to the rupture of one of the branches of the basilary artery, and was due to violence,
which had been applied to the front of the skull and had caused the cutting of the vessels by the rocking of the brain—the brain does not occupy the whole of the hollow, and its under surface at this particular point lies over a little ridge of bone, and, under certain circumstances, if the brain rocks it will cut its own surface against the ridge of the skull and is called centre coup—a blow over the right eye could have caused the haemorrhage—the injury could only have been done by a blow from the front.
The prisoner. "I did not intend to kill her."
GUILTY . Three months' hard labour.
MR. WARBURTON and MR. THORNE Prosecuted.
WILLIAM RICHARD GOULD . I am a pianoforte tuner, and live at East Avenue, Walthamstow—I am agent for Samuel Dean—on December 1st, 1904, I witnessed the signature of a man named Edwin Percy Walker to this agreement (Produced)—I had previously arranged the terms with him—I know the prisoner—I cannot swear positively to his writing—to the best of my belief this receipt is in his writing (Read):" Samuel Chafen. Verde and Verde, 1374, £16. By cash, £10. By contra £6=£16. Received with thanks, S. Chafen."
SAMUEL DEAN . I live at 120, Thorpe Road, Forest Gate, and am a piano dealer—on December 1st I sold a piano, No. 1374, by Verde and Verde, to Edwin Percy Walker, at 19, Park Road, Leyton—I gave Walker no authority to part with it—I delivered it under the terms of the agreement, marked A—I had purchased it that day—the price was £25 4s—£1 11s. 6d. had been paid off.
SAMUEL CHAFEN . I am a decorator, of 4, Netley Road, Walthamstow—my father's name was Samuel Chafen—he carried on business at 21a, Trundley Road, Deptford—he died seven years ago—on February 11th the prisoner met me in the street and asked me if I could oblige him with a piece of paper—I said, "Certainly"—I had not got any writing paper, so I took a leaf out of my book and gave it to him—I never saw him do anything with it—he took it away—this (Produced) is it—I saw him again and said, "You have done a foolish action now; you have written out this receipt" he said, "No, I did not write it"—he afterwards admitted having written it—he said, "I may as well own up and admit I did write it"—that was during the-same conversation—I never sold Walker a piano, nor did my father-at that date he was dead.
GILLESPIE CALLAM . I live at 448, High Road, Leyton—on February 13th I made an agreement with a man named Walker in reference to a piano, No. 1374—I entered into it on behalf of my son—I would not part with any money without some guarantee—I agreed to lend £3 15s. upon the piano—this is the receipt—" Received of A. F. Callam the sum of £3 15s. for loan on pianoforte by Verde and Verde, London, No. 1374, to be paid by March 13th, 1905, or the piano to become the property of the said A. F. Callam, or an extra grace of one month will be given on payment of 15s. Received this 13th day of February, 1905. E. R. Walker, 13-2-05."
Cross-examined. I did not see you at Stratford—you did not get the £3 off me.
GEORGE FRIENDS (Detective J.) I was present at these Sessions when Edwin Percy Walker pleaded guilty to uttering this forged receipt and was sentenced to six months' hard labour (See page 876)—on April 14th I received these letters marked D and E—at 6 p.m. the same day I saw the prisoner detained at Leyton police station—I told him I held a warrant against him for forgery—I read it to him—he said, "Yes, I saw Walker in the Prince of Wales public-house, Walthamstow; he told me he was hard up, he had a piano, and he could raise money on it if he had a receipt. He asked me to make the receipt out for him. I met Mr. Chafen. I asked him for a piece of paper. He gave me one of his bill heads. I then went home, and like a fool I wrote it"—when charged he said, "This will be a lesson to me."
The prisoner's statement before the Magistrate: "Gentlemen, with regard to the charge of forgery brought against me, I can only say when I wrote the receipt out I did it at Edward Percival Walker's request, and with no felonious intent on my part. I received no recompense whatever for writing the aforesaid receipt out. The said Edward Percival Walker told me he intended redeeming the piano within the month, and that he received the sum of £3 odd as a loan, as he wanted money badly. Trusting your Worships will be able to deal with this case to-day, as this is the first time I have been in trouble, I remain, gentlemen, Yours respectfully, Henry William Whiting."
Prisoner's defence: I wrote the receipt out, but I did not have any felonious intention on my part. I received nothing for what I did; it was a very silly thing for me to do. I have been in constant employment for fifteen years; I have a wife and three children; I have just lost one.
He received a good character.
NOT GUILTY .
Before J. A. Rentoul, Esq., K.C
Third Court, May 8th and 9th, 1905.
MR. BEAUMONT MORICE Prosecuted; MR. WARDE Defended.
DAISY TOWER . I am a barmaid at the Abbey Arms, in Barking Road—at 7.50 p.m. on April 1st I was serving in the bar, when the prisoner, with three or four other men, came in—he ordered two glasses of ale, which I supplied him with—he gave me a florin, which 1 examined and found to be counterfeit—I said to him, "What do you call this?"—he said, "A two-shilling piece"—I said I could not take it, as it was bad—he said, "Let me look at it"—I gave it him back and he put it straight in his pocket and paid for the beer with three pennies—he stopped till 10.50, when he came and called for two glasses of ale—he paid me this counterfeit shilling (Produced), which I took straight to ray guv'nor, Harry Smith, who was in the bar at the time—he said to the prisoner, "What
do you mean by passing this?"—the prisoner said, "What is wrong with the shilling?"—Mr. Smith said, "You must know it is bad"—the prisoner asked what was going to be done with it, and Mr. Smith said he intended to keep it—the prisoner said no more, but took the two glasses of ale over to the table in the public bar, and then came back and paid for them with two pennies—he then left the house—about 8.30 the next evening he came into the bar and called for a glass of ale—I called the manager's attention to him and a detective was sent for—the detective came and the prisoner was given into his custody—I have no doubt that the prisoner is the man I served on those two occasions.
Cross-examined. The Abbey Arms is a large house, and Saturday night is a busy night—I served a large number of men that night, but no one particularly like the prisoner—I served a good many like him—when arrested he had no bad money on him—I do not know a man named Chapman—I did not tell the manager about the bad florin, because he was so busy—I have not heard that he denies being the man.
Re-examined. I had an opportunity of speaking to him twice on the Saturday night.
HARRY SMITH . I am manager of the Abbey Arms, Barking Road—about 10.50 p.m. on Saturday, April, 1st, the barmaid, Daisy Towers, brought me a counterfeit shilling—I bit it and bent it—she then pointed the prisoner to me as the man who had given it to her, and I said to him, "What do you mean by handing this over the bar?"—he said, "What is the matter with it?"and I said, "You must know it is bad"—he asked me what I was going to do with it, and I said, "Keep it"—he then paid Miss Towers 2d. for the beer he had had—I went to the other end of the bar and in the meantime he left the house—I was in the bar at 8.30 p.m. the next night, when my attention was called to him again—I went out and got Sergeant Stevens, and said to him, in the presence of the prisoner, "This is the man who passed the pad money over the bar last night"—the prisoner was then taken into custody—on closing the house on Saturday night I went through the money and found a bad shilling of the same date as the one passed by the prisoner.
Cross-examined. There were plenty of others in the bar dressed similarly to the prisoner, but not like him; we have a good many customers of his type; it is an exceedingly common type.
EDWARD CHAPMAN . At 10.50 p.m. on April 1st I was in the public bar of the Abbey Arms when I saw the prisoner, whom I know—he called for two glasses of ale from the barmaid, which he got—he put a shilling on the counter, which she picked up and took to Mr. Smith—he said to her, "Which one gave it to you?"—she pointed to the prisoner, who then put his hand in his pocket and brought out 2d. to pay for the two glasses of ale—I was in the bar the next evening when I saw him arrested.
Cross-examined. I came into the bar on Saturday night about 7.45 p.m. and came out about 11 p.m., closing-up time—I had had three glasses of mild ale—I do not remember having a quart pot at 11 p.m.—I did not ask the prisoner to have a drink, nor did I upset some of the beer—I was with two or three people talking—there were about a dozen men in my
compartment and I daresay there would be 100 in there in the course of the evening—in a bar like that a man generally tenders a penny for half a pint—I am not employed at the Abbey Arms; I am only employed there on Sunday mornings to see all those coming in are bona fide travellers.
FREDERICK STEVENS (Detective-Sergeant). At 10 p.m. on April 2nd I saw Harry Smith at the police station, when he handed me two counterfeit shillings—this is one of them (Produced)—I marked them in his presence—I tested them and found they were counterfeit—at 8.30 p.m. that day I saw the prisoner at the Abbey Arms, Smith pointing him out to me as the man who had passed the counterfeit coins—I said to him, "I shall arrest you for uttering a counterfeit florin and a counterfeit shilling last night in this bar"—he said, "All right"—I took him outside the house, when he said, "I know nothing about it. I never heard anything about any bad money. I was in there last night. Mr. Smith did not say anything about bad money to me"—I took him to the station, where he was charged—he made no reply—when searched, 7d. in bronze and a seaman's discharge book (Produced) were found on him—he said his name was George Smith and refused his address.
Cross-examined. In his seaman's discharge book the report of his character and general ability is "Very good"—no counterfeit money was found on him—I did not know that he had signed on for that vessel to go away again—he had been away for three months; they were only monthly trips.
Re-examined. The last discharge is February 9th.
Cross-examined. They are very bad.
The prisoner, in his defence on oath, said that he did not go into the Abbey Arms on the Saturday night till 9.30. p.m., when he had 5d. in his possession; that he left at 11 p.m.; that during that time he did not tender a counterfeit florin, nor a counterfeit shilling; that Smith and Miss Towers never spoke to him at all; and that they were both mistaken as to his identity; that he saw Chapman outside the public-house at 11 p.m. drunk; that he could not give his address, because he was living at a common lodging house; and that his right name was Maxwell, but for the last eight years he had been going under the name of George Smith.
GUILTY . Six months' hard labour .
MR. THORNE Prosecuted; MR. WARDE Defended.
JAMES BROWN I am a ship's fireman, and live with my wife at 1, Ely Cottages, Butcher Row, Canning Town—a lodger occupies a back bedroom upstairs—I know the prisoners by sight only—I closed the house up at 12 p.m. on April 22nd, my wife and lodger having gone with a friend to the railway station—I went to bed—I was awakened by a knock at the door—
I went downstairs and put my hand on the latch, when the prisoners forced their way in and pinned me against the wall—I got away from them and ran upstairs and closed the bedroom door, but they ran up behind me, forced the door open and came in—we were wrestling for a good while when I jumped through the window—my house is a little one by itself—I stood outside, and whilst there I saw the prisoners with a light and they went from my bedroom to the next, to and fro—I then saw two young women, and made a communication to them—shortly after two policemen came up, and I went into the house with them—Maltby was standing in a little place we call the cupboard, and as soon as the police rushed in he went into the kitchen with White, who took his jacket and put it over his face—White had a knife in his hand—I did not notice a basket by him—this is my silver watch and chain (Produced), which I left that night over the head of my bedstead—the police told me where they were found—this table knife, brooch and other articles (Produced) are all my property.
Cross-examined. I have lived at that house close on three weeks, coming from Brent Road, where I lived a little over a fortnight—before that I was living with my wife's sister for a little more than six weeks—I was very much surprised to see the prisoners that night—they had not been to my house before on that night, nor had I seen them—my wife, my lodger and her sister were the only people in the house that night before the prisoners came—I did not let a man and woman out of my house—I had a good look at the prisoners—I have sworn that they were drunk; I will not deny that I said so—I was in bed listening for my wife when they came—I had not had anything to drink that night; I do not drink—in order to open the bedroom and kitchen doors you have to put a piece of wood in—the street door is opened with a key—the prisoners did not say anything when they came—I had never spoken to them before—I had seen them several times standing at the corner of the shops—one of them did not say he had come to see a lady; nothing was said to me about a lady—Maltby stepped in first, and held me while White struck me—Maltby did not say anything about a lady owing him 2s. at the house—it is a one-storey house—my wife came back that night, but I cannot say what time—my house is about ten minutes' walk from the station—she went out about half an hour before I went to bed—I had been in bed ten minutes when the prisoners came—my wife had not come home when I went to the police station.
Re-examined. The value of these things is about £5.
CHARLES BUCKMAN (204 K.) At 12.45 a.m. on April 23rd, in consequence of information received, I went to 1, Ely Cottages, Butcher Row, where I saw the prosecutor outside the house; he made a statement to me—in the front room upstairs I saw the shadows of two men with a light moving about the room—they came downstairs, and I saw them through the glass panels of the door—on seeing me near the door they ran up the passage into the kitchen—I pushed the door open and followed—they had the light in their hands, which they threw on the ground—I saw Maltby standing by the dresser in the kitchen, and White was concealed underneath the dresser, with a knife in his hand, which he dropped
—I said to him, "What are you doing here?"—he said, "I have come here for a chum of mine"—I told him that I should take him into custody, to which he made no reply—he was not drunk at the time—I took him outside, when he became very violent and tried to get away—I got him about 150 yards along the road, and as he was still struggling I called upon a private person for assistance—he assisted me until White kicked him. When he let go—White then slipped his coat and his neckerchief that I had hold of him by, struck me a severe blow in the stomach, which caused me to vomit, and then got away—after a while I blew my whistle and gave chase with two other constables—after that I returned to the house and went through it with the prosecutor—it was in great disorder—under the dresser where White had been concealed there was a basket with vegetables, amongst which I found this watch and chain—on searching White at the police station I found 3s. in silver, 4 1/2 d. bronze, five pawntickets and a black handkerchief.
Cross-examined. There were no pots and pans under the dresser, which was a fair size—it was a small hand basket—I do not know who put the watch and chain there.
JAMES DUNSTALL (546 K.) About 1 a.m. on April 23rd I heard a police whistle blown—I saw White run out into Hooker Road, through Frederick Road and another road, and climb over a seven-foot fence—I went after him over the fence and followed him over six backyards, and caught him at the rear of 46, Frederick Road—I heard a voice over the wall tell me that it was White—I saw him under a mangle, and I said, "Come on, White"—he said, "Very well"—I said, "You will have to come with me; there is a policeman after you," and I pulled him out from under the mangle—he commenced to be violent and I endeavoured to open the back-yard gate that led into Hooker Road, and whilst drawing the bolt he kicked me on the right hand—eventually I got the door open, and with the assistance of another constable who had come up, took him to the station—about 1.30 a.m. I went back and visited the place where Buckman had struggled with him, when I found a brooch, which Mrs. Brown has identified as her property.
Cross-examined. The mangle was in the yard.
WILLIAM WALLER (218 K.) About 12.40 a.m. on April 23rd I went with Police-Constable Buckman to 1, Ely Cottages, Butcher Road—I saw the shadows of two men with a light in the front bedroom upstairs—on seeing the light disappear I rushed through the front door and the prisoners ran into the back kitchen—Maltby was standing by the dresser, whilst White was crouching underneath—I asked Maltby what he was doing there, and he said he had come to look for a woman to whom he had lent 2s. the Sunday before—I took him to the station, where he was charged—I searched him and found 9s. in silver, 6d. bronze and a tobacco pouch.
ALBERT ORMOND (Inspector K.) At 1.35 a.m. on April 23rd I went to 1, Ely Cottages, and found there was a washhouse, two bedrooms upstairs, a front room downstairs used as a parlour, and a back room used as a kitchen—there were no marks on any of the doors—the front bedroom upstairs was in disorder, and the chest of drawers in the parlour had been
ransacked—each of the doors inside the house had no handles, but they could be closed and secured—something would have to be inserted in the socket to act as a spindle to open them—I returned to the station and took the charge against the prisoners—White said, in reply, "I went to the house with Maltby, who called for 2s. owing him by Brown's wife. When he (Brown) opened the door I said, 'Brown, is it you?' He said, 'Yes, what do you want?' I said, 'Only a friend of yours.' Brown walked back into the house and we followed him and went into the kitchen. I will not say I did not assault Police-Constable Buckman, but I did not assault Police-Constable buckman"—Maltby said, "I went to the house with White, because I wanted the 2s. back that Brown's wife robbed me of on Sunday, the 16th instant, at Customs House. Brown could not be possessed of 30s., as he has done no work for six months to my knowledge."
JANE CLARK . I am a lodger of the prosecutor and his wife at 1, Ely Cottages—about 10.30 p.m. on April 22nd I went out with Mrs. Brown to Woolwich, returning from there by the last train, leaving at 12, and reaching home at 12.30 a.m.—I noticed the things in my room were disturbed, but nothing was missing—you have to pass a piece of wood into my door to turn the handle—I do not know the prisoners.
Cross-examined. There were four other females besides Mrs. Brown who I went out with—they had come to see me—it would be about 11 p.m. when we got to Woolwich—we went and had a drink, and we stood talking outside for a time—I did not come back with Mrs. Brown.
White, in his defence on oath, said that he went with Maltby to the prisoner's house that night for a woman, as it was their custom; that it was untrue that he caught hold of the prosecutor and finned him against the wall; that he never went upstairs, but into the kitchen, while the prosecutor went upstairs.
[MR. THORNE submitted that he was entitled to cross-examine the prisoner as to his character, since he had attacked the prosecutor's character, imputing that he kept a brothel, which submission the COURT upheld]; that he had been to the prosecutor's house about a week before the Easter holidays; that he hit the constable by accident; that he had never seen the property that was alleged to have been stolen by him before; that he was drunk at the time; that he admitted that he had been convicted and sentenced to eleven months' hard labour for highway robbery with violence in 1901; that previously he had been sent to a reformatory for stealing "fag "papers, but that since 1901, with the exception of getting fourteen days, he had been earning his own living.
Maltby, in his defence on oath, said that he went to the prosecutor's house with White for the purpose of having a woman, and also to get 2s. back from the prosecutor's wife, of which she had robbed him previously; that it was untrue that he forced his way in or that he went upstairs; that he was drunk at the time; that he had never seen the things which it was said he had stolen, before; that he had never been convicted before, and had always borne a good character.
GUILTY . Maltby was recommended to mercy by the Jury. WHITE then PLEADED GUILTY to a conviction of felony on April 21th, 1901, at this Court in the name of Albert Charles White. Two other convictions were proved against him— Two years' hard labour. MALTBY received a good character— Discharged on recognisances.
Before Mr. Justice Channell
Old Court, May 5th and 6th, 1905.
MR. MUIR and MR. BODKIN Prosecuted; MR. ROOTH and MR. CURTIS
BENNETT appeared for Alfred Stratton, and MR. HAROLD MORRIS for Albert Stratton.
JAMES MCLAUCHLAN (Sergeant R.) Produced and proved a plan of the neighbourhood of the Broadway, Deptford. He identified a photograph of 34, High Street, Deptford, and stated that it was not possible to get into the shop from the back except through one of the houses on either side.
GEORGE CHAPMAN . I am an oil and colour merchant, at 44, London Street, Greenwich—34, High Street, Deptford, is one of my branches, and has been managed for me for three years up to March 27th by Thomas Farrow—he had been in my father's service and mine for twenty-four years—I do not know if he was about seventy years of age—he and his wife were the only occupants of the shop—there was only one shop assistant, and his name was Jones—it was an ordinary oil and colour shop—the hours of business were from 8 a.m. to 9.30 p.m.—persons wanting to buy paints or colours might call at the shop out of business hours in the morning; it is a common practice with oil and colour shops—painters and decorators would call at that time—I always called at the shop on Mondays, sometime before mid-day, when I received from Mr. Farrow the takings of the previous week—he was at liberty to make deductions for out-of-pocket expenses and his wages, and he handed me the balance—it was always handed to me in money—towards the end of March the net takings would be £12 or £13 a week—the money was handed to me over the counter in the shop, done up in a little brown paper parcel—it must have taken place while customers were in the shop, but they would not notice it, because it was passed quietly—on Monday, March 27th, a detective came to Greenwich and took me to the shop, where I saw Farrow lying dead in the shop parlour.
Cross-examined by MR. ROOTH. Farrow always paid me the money himself—sometimes I sent someone else—it was always done perfectly unostentatiously, so that nobody would have noticed it.
Cross-examined by MR. MORRIS. I never saw a cash box there.
WILLIAM JONES . I live at 7, Thames Street, Greenwich, and was an assistant to Messrs. Chapman at 34, High Street, Deptford, under Farrow—he was about seventy years old—he was active—he was bald headed—he and his wife were the only occupants of the shop—my hours were from about 8.30 a.m. to 9 or 10 p.m.—we all three served in the shop—on Saturday night, March 25th, I saw them alive—on Monday morning I arrived at the shop a little after 8.30 a.m.—I went to the street door, but was unable to get in—after knocking I went to Mr. Chapman's Greenwich shop, and came back with Louis Kidman—we got in through the next house—we found Farrow lying dead in the parlour—we informed the police, and then Mr. Chapman—we did not go upstairs before the police came—we did not interfere with anything there—I had no knowledge that Farrow had a cash box—I never saw him in possession of one.
Cross-examined, by MR. ROOTH I had been with Farrow about three years—the cash box may have been kept anywhere for all I know.
LOUIS KIDMAN . I am Mr. Chapman's assistant at his Greenwich shop—on the morning of March 27th I went with Jones to the Deptford shop, getting in by the back way into the parlour—I sent Jones for the police and I waited there until Sergeant Atkinson came—I went upstairs with him, where we found Mrs. Farrow lying in bed severely injured and apparently dead—I remember seeing a cash box on the bed-room floor—I did not touch it nor anything else.
Cross-examined by MR. ROOTH. I knew nothing about the premises—the open cash box was found upstairs.
ALBERT SMITH . I am a journeyman butcher, and work at 25 and 27, High Street, Deptford—in March I had been living at 35, High Street, for about two years, which is practically opposite the Farrows'—I have been in the habit of seeing Farrow about 7 a.m. at his shop door—that was a regular practice of his—he used to smoke his pipe there—he was fully dressed and had a white jacket on—as a rule he stayed ten or fifteen minutes and then went indoors—the shop door was open then—on the morning of March 27th I did not see him—I was not up that morning.
Cross-examined by MR. ROOTH. I have never seen him at the shop before 7 a.m.
Cross-examined by MR. MOORIS. I have to be at work at 8 a.m. and I get up about 7 a.m., sometimes about 6.45—when I got up I used to look out of the window and see the old gentleman standing at the door—I was late on March 27th, because I had been out on the Sunday—I am sure that it was the same Monday that Farrow died—I heard of his death very shortly after.
ALBERT ATKINSON (Sergeant 8 R.) On March 27th I was called to 34, High Street, by Jones—I went through the shop parlour and into the bedroom above—I saw Mr. and Mrs. Farrow—on the bedroom floor I saw this cash box (Produced) lying empty—its tray was lying near—on the ground near it, there was a sixpence and a penny—I did not touch the drawer nor the money—I did not find anything upstairs besides the cash box—other officers came and searched the room—in the shop parlour downstairs I found these two masks made from stockings (Produced), one
with string at each side and one without, and this piece of stocking—it is not a complete stocking; some of it has been cut off the top—the mask with string on it I found on the table in the parlour, and the one without string on the floor by the table—the stocking I found on a bundle of clothing which appeared to have been brought from the laundry by the side window in the parlour.
Cross-examined by MR. ROOTH. These masks were found downstairs; I think they had been made on the premises—some of the pieces which had been cut out of them were found, but not by me—some scissors were by their side—I cannot say if this stocking had belonged to the house—for all I know it may have come out of the bundle of linen.
Cross-examined by MR. MORRIS. Hailstone was not there—at the time I found them I did not pick them up—Hailstone picked them up afterwards—the only way I can describe the masks is that one had string and the other had not, and they had holes in them—I concluded at once that they were masks, and they were so described in the newspapers—I did not see any picture of them in the papers—I did not see this mask that was found upstairs by Peterson until afterwards—this (Produced) is it.
DUDLEY BURNIE . I am divisional surgeon of police, practising at 327, New Cross Road—shortly after 9.30 a.m. on March 27th I went to 34, High Street, Deptford, and saw Thomas Farrow lying dead in the parlour—I saw him at 9.50—he had been dead about an hour—I went upstairs and saw Mrs. Farrow—she was almost unconscious, suffering from shock and severely injured in her head—I sent her to the Seamen's Hospital, where she died on Friday, March 31st—I made a post-mortem examination on the body of Thomas Farrow on the 28th—I found a number of severe injuries on his head—there was a wound above his right eyebrow—that did not cause fracture of the bone—there was another wound on the right side of his nose, extending to the right side of his face, tearing away part of the cartilage—about 3 inches above the top of his right ear there was a large contused scalp wound—on the left side of his head, about 3 inches above his left ear, there was an exactly similar wound, and about 1 inch behind his left ear there was an incised wound with sharp cut edges, somewhat circular in shape and penetrating down to the bone—above that there was a triangular wound, also going down to the skull; also some bruising at the back of the skull—on removing the scalp I found the bone had been fractured in one place—it was a comminuted fracture, one in which the bone was broken into several pieces at one particular place—that was in the region of the temple in front of the ear—the cheek bone was also fractured on the right side—it was further round than the wound by the nose—there had been haemorrhage from the blood vessels of the brain—apart from the injuries the body was in a healthy, well-preserved state—death was due to shock and haemorrhage, the direct result of the injuries—in my judgment there were about six blows—the, major portion of them must have been inflicted with a heavy and blunt instrument, such as a bar or a flat steel weapon 1 inch or 2 inches in width and of some considerable length—I was present
at the post-mortem examination on the body of Mrs. Farrow and saw the injuries from "which she had died—there was a comminuted fracture of the skull on the left side of the head on the parietal region, and a fracture at the base of the skull—two blows would have caused the injuries—the same kind of instrument as used upon the husband would have caused her injuries—when she received them I think she was lying in bed on her right side—she was in that position when I saw her on the morning of March 27th—her face would be turned towards the wall when in that position, and away from the door—the first effect of these injuries on Thomas Farrow would be insensibility—he would recover from that to some extent, and he would have been able, assuming that the injuries took place in the parlour, to get from the parlour to the shop door, to stand there for some seconds, close the door and go back again—the haemorrhage in the brain as it increased would have caused compression and rendered him permanently insensible—after having received the injuries he might have lived two hours or even three—I think he had only been dead an hour when I saw him.
Cross-examined by MR. ROOTH. The triangular wound on the top of Farrow's skull was not, in my opinion, caused by a blunt instrument—it is difficult to come to any conclusion what it was caused by, but something with a point; not exactly a sharp point, but a point of some kind—the others were caused, I should suggest, by a jemmy or something of that kind.
Cross-examined by MR. MORRIS. I gave evidence at the inquest—I did not hear Dr. Drury give evidence there—he made the post-mortem upon Mrs. Farrow—the injuries upon her were not the same as those upon Mr. Farrow—they were probably caused, except the triangular one, by the same instrument which caused those on Mr. Farrow.
WILLIAM JONES (Re-examined). When I came back to the shop with the police I went in through the front door which was' opened for me—you can pull the latch back inside, but you cannot open the door from the outside—it is a spring latch with the handle inside only—a person shutting the door would do it so that no one could open if from the outside.
WILLIAM THOMPSON . I am resident surgeon at the Millar Hospital—Sergeant Alfred Crutchett is an in-patient there—he has recently undergone a serious operation, and is quite unable to leave his bed or to travel.
FREDERICK FOX (Chief Inspector, New Scotland Yard). I was at the Police Court before Mr. Baggallay on April 26th when Alfred Crutchett was examined as a witness in the hearing of the prisoners, who had an opportunity of cross-examining him and did so—his evidence was read over to him and he signed it in my presence—this (Produced) is his signature (Read): "On Monday, March 27th, at 9.40 a.m. I went with Inspector Hailstone to 34, High Street, Deptford, and there on the floor of the bedroom, where the body was with blood on it, I saw a tin cash box with the tray lying close by it, I took a piece of paper and removed the tray, and took two pieces of paper and removed the box by the corners with the paper between my fingers and the box, to avoid any print of my lingers. I removed them a few feet to the right and took charge of them
to prevent anybody touching them. They remained till about 11.30, when Assistant-Commissioner McNaughton and Chief Inspector Fox arrived and took charge of them. Nobody touched them while I was there. (Cross-examined.) Sergeant Deacon was not there when I arrived. Sergeant Atkinson and Police-Constable Patterson and a doctor were there when I arrived. I do not know the doctor's name."
FRANK BEAVIS (Detective-Sergeant R.) About 10.30 p.m. on April 2nd I was with other officers at the King of Prussia, Albany Street, Deptford—I saw Alfred Stratton in the tap room—I said to him, "Alf, we want you"—he said, "What for, Mr. Beavis, for poncing?"—I said, "No"—he said, "I thought it was for living with Annie"—I said, "No. Where is your brother?"—he said, "I have not seen him for a long time; I think he has gone to sea"—I told him I should take him to Blackheath police station—he said, "What for?"—I told him it was a very serious charge, and Inspector Fox would tell him what it was when he got there—he said, "All right"—when searched at the station I found on him a purse with 18s. in silver and 2 1/2 d. in bronze—I produce the clothing of both the prisoners—this (Produced) is Albert's; it was handed to me at the police station—this (Produced) is Alfred's—it has all been in my custody ever since—I saw the prisoners' clothes taken off them—some of these clothes were found at their house—this hat of Albert's was brought to Blackheath station—I do not know who the officer was who found it.
Cross-examined by MR. ROOTH. Alfred was wearing a light suit and cap to match and a dark muffler—I have seen a blue jacket and vest of his—he knew me and I knew him—when I said, "I want you" I expect he knew he was going to be arrested for something—it was after that, that I said, "Where is your brother?" and that he said he had not seen him—I have never seen the suit he has on now before—I did not tell him it was a very serious charge before I put the question as to where his brother was.
Cross-examined by MR. MORRIS. Hailstone arrested the other prisoner—I do not know if he brought me this hat—I do not think I had it at the same time that I had the clothes—I think it was the next day—there is a cap of Albert's in this bundle.
ARTHUR HAILSTONE (Detective-Inspector R.) About 9.10 a.m. on March 27th I went to 34, High Street, Deptford, and into the bedroom upstairs, where I saw Crutchett—I saw this cash box—I did not touch it, neither did Crutchett while I was there—I picked up the 6d. and a penny which were on the floor—I examined the room—hanging over the foot of the bedstead was a woman's skirt, in the pocket of which I found two purses, one containing 5s. 6d., and the other £6 10s.—on a little dressing table I found a box containing some brooches, a silver watch and things of that sort—I also found this mask (Produced) of some black material—the cash box remained in the bedroom until the Assistant-Commissioner and other officers came—I gave orders that it should not be moved or touched by anybody—downstairs in the shop parlour I saw two small pieces of black material (Produced)—they were on the floor in the shop parlour—I also saw a mask there and I think the pieces came out of the holes in it—they appeared to be made on the same material—on the morning of April 3rd
I was in High Street, Deptford, when I saw Albert Ernest Stratton—I said to him," What is your name?"—he said, "Stratton"—I took hold of his right arm and said, "Come along"—we walked towards Blackheath Road police station, and on the way I said, "I am an inspector of police and you must consider yourself in custody for being concerned with your brother Alfred in the wilful murder of Mr. and Mrs. Farrow at 34, High Street, Deptford, and stealing £13 in money"—he said, "Is that all?—I said, "Yes"—he said, "Thanks"—I took him to Blackheath Road police station, where he was seen by Chief Inspector Fox—he was searched and two or three shillings were found upon him.
Cross-examined by MR. ROOTH. All these masks were made from stockings; I think two stockings—these two small pieces are of similar material—the eye holes had been cut and the scissors with which that had been done were lying by their side.
Cross-examined by MR. MORRIS. As an inspector of the R Division I take in Deptford—I daresay lam pretty well known—I have been there about three years—I have two masks here pinned to a piece of stocking—I cannot say if they are cut off this stocking—I think it is the same sort of material—it is an old clean stocking—there were a number of old clean stockings there in a bundle—with this other mask there is a piece of stocking from which I think it was cut—that also is an old clean stocking, I think similar to those in the bundle which had come from the wash, as they are of the same material—no description of those masks appeared in any paper to my knowledge—I read newspaper reports of the case—it was referred to as the "Mask Murder"—I think a description was given that the masks were made out of pieces of stocking—it was practically common knowledge that such was the case.
FREDERICK FOX (Re-examined). On the morning of March 27th I went to this shop in High Street, Deptford, and on April 2nd I gave some directions as to the arrest of the prisoners—that night I saw Alfred at Blackheath Road police station, and told him who I was and what the charge against him would be—he said, "What evidence have you against me?"—I said, "Do you wish to know? If so, I may tell you"—he said, "I do wish to know"—I said, "A milkman and his boy saw you and another man come out of the shop at 7.30 in the morning. A young woman who knows you saw you and another man running from the top of High Street across New Cross Road towards Wilson Street at about the same time"—he appeared to be about to speak, and I told him I was not asking him to say anything, but I did not want to prevent him from saying anything—he said, "I was in bed until 9.15 with Miss Annie Cromarty at 23, Brookmill Road"—I read that over to him—he signed it and was detained—on the morning of April 3rd, at Blackheath Road police station, I saw Albert—I told him who I was and what the charge against him would be—he said, "All right"—the Assistant-Commissioner pointed out the finger prints on the inner tray of the cash box, and I saw Sergeant Deacon take possession of it—I arrived there with the Assistant-Commissioner and Deacon about 11.30.
Cross-examined by MR. ROOTH. I first saw Cromarty on Sunday night, April 2nd, about an hour after Alfred's arrest—I sent several officers out to find her—she was brought to the station by Gall and Allford—I was anxious to get a statement from her—I was told she came willingly to the station, but I had told the officers that if she did not come willingly she was to be brought—she was taken into the superintendent's room—I was never left alone with her; Chief Inspector Kitch was with me—he was present before the Magistrate, but was not called—I put questions to Cromarty—I was anxious to get the truth—I had before me a statement made by Alfred, that he had been sleeping that night at this house in Brookmill Road—I knew that to be untrue before I saw Cromarty, but there was an object in seeing her; we got a lot of evidence from her—long before I had Alfred's statement I had given directions to get him and Cromarty and not let them speak to each other—when I was told that they had got him, but not her, I said, "Go and get her"—I sent out about a dozen officers—I examined her in the same way as the other witnesses—I did not threaten them, I had no occasion to—at the inquest the prisoners suggested that I had threatened Cromarty and in a way she acquiesced—I bind myself to the accuracy of that statement, that it was in answer to the prisoners' questions—I was there and heard it—I have not seen the Coroner's depositions—I have seen the newspaper reports—the Coroner did not put in writing what the prisoner said—I was looking at the Coroner and could see he was doing very little writing—I do not know if he put down, "The police threatened to keep me if I did not speak the truth"—the deposition was not read aloud—I do not remember Cromarty saying to the Coroner, "The police threatened to keep me there and to tell my parents"—there was a good deal of controversy, and the Coroner had to stop the prisoner putting questions into her mouth and suggesting the answer—I do not suggest that the Coroner wrote down on the depositions anything that Cromarty did not say in answer to the questions put by the prisoner—the prisoners were not represented by a solicitor the first day—one was there a little while the second day—I did not press Cromarty, and any statement which she made was not extracted by me—I had to get all the evidence I could—it was my duty to do so—when Cromarty heard that we had found money on Alfred she seemed quite prepared to tell the whole truth, because she seemed to think he had deceived her—I suggest that she said he had deceived her about the money—that did not occur before the Coroner—it was desirable that I should extract any statement truthfully and by fair means—I think the statement I made to Alfred when I arrested him was a fair and proper one—he had not been confronted with the milkman and the boy then, and they had not identified him, but I had had a description from them—when the milkman and the boy were confronted with him they did not identify him—I think I am right in saying they "did not" instead of "could not."
Cross-examined by MR. MORRIS. William John Curry is a barman at the Duke of Cambridge—Bayne, Wood, Littlefield and Compton identified Albert—beyond those four men no witness has identified him by picking him out—Curry could not pick him out—the coffee stall keeper
picked him out and two other men at the same time—I put down the date when I take statements of witnesses—I have not taken all the statements in this case—I had several officers helping me and a lot of times I had other officers writing while I examined—Sergeant Bex took Tedman's statement on April 4th—the first proceedings at the Police Court were on April 3rd, the second day April 11th, then the 18th—on the 18th the case lasted the whole day at the Court—it was remanded until the 25th—I gave a little evidence at the inquest—the only time I gave evidence at the Police Court was on April 3rd—I gave evidence at the inquest on April 10th and 20th—I was in charge of the case, and if anything of importance arose I should be the person to be communicated with—Gittings is assistant gaoler at the Tower Bridge Police Court; his sergeant's name is Allchurch.
Re-examined. The system in the police force when a subordinate officer communicates with his superior is, that he first communicates with his immediate superior, and then waits directions from that officer as to what he should do, and that officer is responsible as to the directions he gives or does not give, and also for communicating with a higher officer—I did not hear of Gittings' statement before the enquiry had concluded before the Magistrate—I remember at the inquest Alfred putting questions to Cromarty as to whether she had been threatened by the police, and I remember an answer to this effect, "The police said to me if I did not tell them the whole truth it would be serious for me when they were seeking for information"—she added to Alfred's suggestion—I told her it was important for her to speak the truth.
By MR. MORRIS. I sent Sergeant Bex to Tedman—he took a statement from her at her house and came back with it.
WILLIAM GITTINGS (357 M.) I am assistant gaoler at the Tower Bridge Police Court—I was on duty there on April 18th, when the prisoners were remanded from the morning sitting till the afternoon—in the interval they were placed in adjoining cells—the cells are in a long line, opening on to the corridor—each cell door has a communicating aperture—I was in the corridor on that day during the interval when Albert communicated to me by first nodding his head—I went to the cell door and looked through the aperture—he spoke first and said, "How do you think I shall get on?"—I replied, "I do not know"—he said, "Is he listening?" meaning his brother in the adjoining cell—I looked in and saw that Alfred was sitting down reading a newspaper—I said to Albert, "No, he is sitting down reading a newspaper"—he said, "I reckon he will get strung up, and I shall get about ten years; he has led me into this; he is the cause of me living with a woman. Don't Bay anything to him, I shall not say anything until I can see there is no chance, and then—"—he stopped speaking and started walking round the cell—he came back to the door, and said, "I do not want to get strung up. He has never done any work in his life, only about a month, and then they tried to put that Brixton job on him, but they found out at the time he was at work. I have only been out of the Navy about seven months"—he did not say anything more.
Cross-examined by MR. MORRIS. I learned those words by heart, so as to give evidence here—I think the aperture is about a foot square—there is one in each cell door—both apertures were open, so I could see inside—I was walking up and down outside—I have fairly heavy boots—they are policeman's boots—there was sand scattered on the concrete floor—my footfalls could be heard—this was rather an important case—I knew it was on when it started at 11 a.m. that morning—I suppose the adjournment was for about half an hour—the prisoners were waiting for their food—they had been out of Court some few minutes—it was not my duty to wait until they went back into Court—I was there for about ten minutes, when I went to see if the food was coming—I also went to the gaoler's room—I put this statement into writing on the 26th—I kept it in my mind from the 18th to the 26th—I reported it verbally to my superior officer—at the time I did not think it was important—I first thought it was important when I was spoken to on the 26th—between the 18th and 26th I did not mention it to anybody except Sergeant All-church—I mentioned it to him on the 18th—it was about 5 p.m. on the 26th at the Police Court when I put the statement into writing—All-church was there and saw me write it—I gave it to him—I did not know on the 18th that an inquest was to be held on the 19th—I read the papers, but I did not see that the inquest was held on the 19th or 20th—I knew that the prisoners came to the Police Court on the 25th—I was not surprised that I was not called as a witness on the 18th or 25th—I told All-church of the statement within a short time on the 18th—he knew of it by 2 or 2.30—I did not attach much importance to the conversation—I had a good many other duties to attend to as assistant gaoler—I had to go into Court at once—I had a good many other prisoners to look after—I sometimes read the "News of the World"—on Sunday, April 30th, I saw in that paper, "Meanwhile in the police circles in Deptford it was currently rumoured last night that the younger accused man, Albert Stratton, had made a statement which will be of the utmost importance at the trial"—I had only mentioned it to Allchurch, so that it could not have been through me that the rumour got about—it is not possible in this case that after I had heard a fairly long statement, more than a week previously, my memory may not have been accurate—in this case I should not be more accurate about a statement to which I attach importance than about one to which I attach none—I do not attach much importance to any statements—I am attached to the M Division, and so is Allchurch—the prisoners were in custody of a Greenwich gaoler—it was simply for convenience that they were brought to the Tower Bridge Police Court—during the time I was in attendance on the prisoners I regarded Allchurch as my superior officer.
HARRY ALLCHURCH (14 M.) I am a gaoler at the Tower Bridge Police Court—I was there on April 18th—Gittings was acting as my assistant—about 1.45 p.m. he made a verbal report to me with reference to something which had been said to him by one of the prisoners.
Cross-examined by MR. MORRIS. On April 18th I did not hear of an alleged confession—Gittings only said to me then, "He reckons he
will get about ten years and his brother will get strung up"—I did not think that was of sufficient importance to have a written report made of it—that was the only verbal report made to me on that day.
Re-examined. On the morning of April 26th Gittings and myself were speaking of some drawings on the cell door which Alfred had occupied the previous day—I said, "I don't suppose he will do much more drawing"—Gittings said, "No, the young one has as good as told me last week that his brother had done it"—I said, "Did he make a statement?"—Gittings said, "Not exactly a statement; he asked me how I thought he would get on. I told him I did not know. He said, 'I reckon he (meaning Alfred) will get strung up and I shall get about ten years. He led me into this; he was the cause of me living with this woman. I shall not say anything until I can see he has got no chance'"—shortly after that I saw Inspector Godly and told him what had taken place—he saw Gittings and called for a full report of all that was said—until then I had not mentioned it to anybody.
By MR. MORRIS. I reported to Godly verbally, and Gittings put the statement into writing for him on the 26th—I did not tell anybody else—I cannot account for its getting in the newspaper by April 30th.
KATE WADE . I am married, and live at 194, Church Street, Deptford—I lived in the house of Sarah Ted man at 67, Knott Street, for ten weeks or so—I left there on Saturday, February 18th or 25th, I cannot recollect which—Albert Stratton was living there with me—while we were living there I saw Alfred, and he asked me once if I had any stockings or socks I could give him—I replied that I had not got any.
Cross-examined by MR. MORRIS. We were not very well off at that time.
SARAH TEDMAN . I am a widow, and live at 67, Knott Street, Deptford—in the early part of December I let my back parlour on the first floor to Albert Stratton and Kate Wade—I understood them to be man and wife—they lived with me until Saturday, February 18th or 25th, I am not sure of the date—the woman left first in the afternoon—I saw Albert in the evening, and again on the following Monday at 8.15 p.m. with his brother Alfred—I saw them get something from the top of a chest of drawers or wardrobe in Albert's room—Albert got up on a chair and got a long very bright chisel, and another one with a hook, and a screwdriver—the longest one was about the length of my forearm and finger—it was bigger round than my finger, and had a chisel kind of thing at the bottom—it had no handle; the shank was round—the other One was not quite as long, it had a turn like that (Indicating) at the bottom and was very bright—Albert handed them to his brother, who put them in his pocket—when Albert and Wade had vacated the room I tidied it up—between the mattresses I found some stocking tops, and one top of a stocking had been cut until it was about that (Indicating) length, but the other top of the stocking had been cut into two and had strings and holes in it, and one had a piece of elastic—I throwed it into the dustbin—I thought nothing of them—these (Produced) are a much better quality stocking than those under my mattresses, but the manner and shape in which these are arranged are after the same style.
Cross-examined by MR. ROOTH. When Albert got up to get the things I held the candle for them—it was at night—they did not ask me to hold the candle—I had one and I held it—they did not suggest that I should leave the room—it was done perfectly openly.
Cross-examined by MR. MORRIS. I do not live alone—my husband has been dead ten years—the other people in the house are lodgers—my youngest son lives with me—I am a dressmaker—my son did not tell me about the tragedy—he was away from home at the time—I got my information about what took place from the newspaper—it was read to me by my son's wife—I cannot say what the paper was—it was read to me on the 28th—it was something like this, "Before reaching the room they saw a pair of stockings believed to belong to Mrs. Farrow; these they tied round their eyes, having ripped them up"—that made me think of the stockings I found—the police came and asked me to make a statement bout April 4th—I said all that I could in one statement—this (Produced) is the screwdriver that I took off the cupboard from the same place that the others were taken from—my son is a boilermaker and was working at Thornycroft's at Chiswick—it struck me I was rather a valuable person in giving evidence—until I had the description read to me in the paper I never had any idea that the stockings I found were masks.
DUDLEY BURNIE (Re-examined). I have heard Mrs. Tedman's description of the things taken from the top of the cupboard; the long instrument would, in all probability, have caused the fracture which I found on Farrow—I think Mrs. Farrow's injuries could have been caused by the same instrument—the triangular shaped wound on Farrow might have been caused by some pointed instrument, but Mrs. Tedman's description is not sufficiently definite to enable me to say as to how it was caused—it was some blunt instrument, not a stab—it was lacerated as if the instrument was not straight—I should say the second instrument described by Mrs. Tedman would be the kind of instrument which would cause that triangular wound—all the wounds may have been caused by the same instrument, but not with the same part of it.
HERBERT JOHN LAMBERT . I am a clerk to the London County Council at their lodging house in Brookmill Road, Deptford, called Carrington House—I know Albert Stratton by sight as a lodger—he lodged there for a month or six weeks, commencing about February 25th, and going down to April 1st, I think—he slept there on March 34th, but not on March 25th or 26th.
Cross-examined by MR. MORRIS. People can get in at any time of night—this is a very poor district, and there are other lodging houses there—I believe there is one called Gaffer's—a lodging is called a doss and a kipp.
Cross-examined by MR. MORRIS. He did not book on the night of March 29th to my knowledge—I believe he did on the 30th.
Stratton since December—I was with him on Sunday, March 26th, from about 7 or 7.30 p.m. to 10 p.m.—he was wearing a black suit and a bowler hat—I won't be certain if he had a collar or a handkerchief round his neck—I cannot say if it was black or white—I think he had a handkerchief—the police have shown me some clothes—I was not shown Albert among some other men—I knew him perfectly well—the police showed me at Blackheath Road police station a collar and, I think, some lady's clothing—I did not recognise the collar—it was a man's white collar.
Cross-examined by MR. MORRIS. I have not seen him since March 26th.
HANNAH MARY CROMARTY . I lived at 23, Brookmill Road, Deptford, for about six weeks—I left on Friday, March 31st—I occupied the downstars front room—the street comes up to the window—Alfred Stratton occupied the room with me—I had been living with him for about twelve months—I knew Albert Stratton as Ockney—I knew he was Alfred's brother—I have never seen or heard Ockney in the night time when I have been in bed—somebody came to my window when I was in bed—I do not know whom—I did not hear any voices outside—Alf spoke to the person who came to the window—that was only on one occasion—I understand that I have sworn to tell the whole truth—I do not know what the occasion was on which I heard Alf speak to someone outside—they never said anything to me, only that Alf was to go out—it was on a Sunday night, as the murder of Mr. and Mrs. Farrow was on the Monday—that night, between and 10, Alfred and I had a quarrel, and I had a black eye—some neighbours came into my room, Mrs. Bayne and Mrs. Chatfield—I knew Mrs. Bayne as Mrs. Wood—they came into my room about 9.15, and stayed a little time—they were going away, but I called them back, and they stayed until 12—Alfred was there when they came in—he stayed for a little time, when I asked him to go out—he did so and came back about 12—Mrs. Chatfield and Mrs. Bayne were there then—I said good-night to them, and they went upstairs to bed—Alfred and I went to bed—I went to sleep—the next thing I remember was about 12, or shortly after, when a tap came at the window, and Alfred got up—he pulled the blind aside and spoke to the person at, the window—he said, "Shall we go out to-night, or leave it for another night?"—I did not hear whether there was any reply—I am not positive whether Alfred went out or not, because I laid down again and took no more notice—when Alfred had come to bed that night he had undressed—I never see him dress again—I made a statement before—I spoke the truth then, as far as I could remember—when I woke in the morning Alfred was at the bedroom door dressed—I never see him dress—I never see him get up—you see, I had it in the eye, and I did not remember hardly any thing—I have never known Alfred leave that room otherwise than by the door—you can get in and out at the window to the street—I know that because I have done it—I have seen Alfred do it—the last time was about a week before the murder; that was about 2 a.m.—Alfred did not get out of the window; he got in and got me in—on the morning of the day that the murder took place I do not remember what happened at the window—I just remember that he got up to the window and spoke—
I laid down and went to sleep—I saw him at 9.15, and asked him the time—he said it was 9.15—he was then dressed—he was inside my room with the door shut—I did not see him come in—I did not say before the Magistrate that I saw him get up and dress and go out—he did not get up; he sat up on the bed and spoke to someone at the window—there was a light burning in the room—we always keep a light at night—I said before the Magistrate that; at 9.15 he was dressed in a blue coat and vest, a black sort of greeny trousers, and brown boots—I do not remember saying before the Magistrate, "I had not been long awake, but so far as I know that was the first time he came into the house after going out"—on the Sunday before the murder I had no money—I had not asked Alfred for any—he did not tell me whether he had any—I told the Magistrate that I had asked him for money, and he said he had only got 2d., on the Sunday, a week after the murder—I did not ask him for any money on the Sunday before the murder—on that day we had not any food or firing in the house, because I had no money to get any—on the Monday morning when Alfred came in I was in bed—he laid down on the bed in his clothes—I noticed a little smell of paraffin—I said to him, "Your trousers smell of paraffin"—he said, "I spilt a little over my trousers filling the lamp up the other night"—he used to fill the lamp—I had never noticed that smell—he had never come to bed with his trousers on before—I was not very well, and he came to speak to me—I said to him, "You have had a bath, Alf"—he made no answer—I said, "You can get money for baths, but I cannot afford to get money for food"—he never made no answer—I heard of the murder that morning when I was in bed—Alfred was there—Mrs. Chatfield told me—she said, "Is not it a terrible thing, the Farrows down High Street?"—I did not know their names, and said, "Who?"—she said, "The Farrows. There has been a murder down there, an old couple"—I said, "Oh! what a terrible thing"—Alfred did not say anything—he got a paper that day with the murder in it—I do not remember what paper it was; it was an evening paper—I read about the murder—it contained a description—I read it to myself—I do not know if Alfred read it—he did not take it out of my hand—I said, "Is not it like you?"—he said, "Do you think I should do such a thing and take you out and walk about Deptford, knowing I had done such a thing?"—I said, "I should not think so, Alfred"—the description did not describe Albert's clothes, because I always thought he had a black suit—I think it said the man had a brown or blue coat—I said, "Is it you, Alf?" because Alf has got a blue coat and waistcoat—I do not think I said anything about trousers or a brown coat, but Alf had a brown coat, but whether he gave it away on the Tuesday or not I do not know—I do not know if there was anything in the description about either of the men having a brown coat—Alfred's brown coat was usually kept on the partition at the side of the door—I saw the "Morning Leader" on Tuesday—it had a description of either a brown or a blue coat—this (Produced) is the paper I saw—it says, "A blue serge suit"—I am not positive whether it was the Tuesday or the Wednesday that Mrs. Bayne lent me a paper, or what the paper was, but she showed me one, I think it
was in the afternoon—I cannot remember if I left the room after I had seen the paper—I do not remember when I saw Alfred's brown coat last—I had no intention of looking for brown coats, but he told me he had given it away to a fellow who was hard up—that was after the murder, either on the Tuesday or the Wednesday—I had not seen him wear it for weeks—we had put it by on the wall because he had got a tidier one—I missed it on the Tuesday or the Wednesday; I am not positive about the time—I do not remember saying, "I saw it on the Monday morning; I do not remember what time. It was generally kept hanging just at the head of the bed. Alfred said he gave it away. I said,' Where is the jacket gone off the wall?' He said he had given it away. I think that was on Monday afternoon; it was either Monday or Tuesday I missed it; after I had seen the description in the paper. When I asked him where it had gone to, he said he had given it away, while I was out, to some poor fellow who wanted one. That was Tuesday. I had not been out many seconds"—I do not remember speaking about the jacket at all—I do not know how he came to speak about it—he had a pair of brown boots—when Mrs. Bayne came in on the Monday or Tuesday he was blacking them over—he had done that before—I was not present when he got them, so I don't know how long he had had them—he had had, them seven or eight weeks when I came out of prison—they were brown when I first saw them—he first began to black them three, four or five weeks before the murder—on the Monday or Tuesday Alfred said, "If anybody asks you where I was on the Sunday night and Monday morning, say I was in bed with you, and I went to get some work at Braby's at 9.15 and came back at 10"—it was after I had heard of the murder that he said that, and I had seen the newspapers—these (Produced) are his boots—he continued to wear them down to the time of his arrest—I remember the Friday when we left Brookmill Road—I do not remember if it was March 31st, the following Saturday night, I slept on Giffing Street stairs—early on the Sunday morning I went with Alfred to the waterworks, called "Ravensbourne"—Alfred started digging—I do not know what with—he said, "I am looking for a tool"—then he said, "I am not looking for a tool; we will go. I am looking for some money which I put here some weeks back"—he said he was looking for about four quid which he had put there some weeks before to get me over my trouble—he said his brother had seen him put it there—he did not find either the tool or the money—he said perhaps somebody had come along and seen him put it there and had taken it—I said perhaps his brother had taken it—he said, "Oh! no, I don't think so"—I afterwards went with Sergeant Cleveland and pointed out the spot to him and he made a mark on the fence—during the week commencing with the Monday on which the murder happened Alfred had got no money—he had to go to his mother for some—he had one waistcoat in pawn which he got out, but I do not know when it was—I saw it on the bed and said, "Oh! You have got your waistcoat out of pawn"—I saw the waistcoat and the coat on the bed—he did not take the suit out of pawn—he had the trousers—it used to be called his best suit—this cap (Produced) is Alfred's—when
he was not wearing it, it was kept hanging on the door near the brown coat—I do not remember Mrs. Bayne coming in one day after the murder when the brown coat and cap were hanging up there—I do not remember her saying anything to Alfred about the descriptions in the newspapers or about her suspicions.
Cross-examined by MR. ROOTH. I have had a very unfortunate life—I am an unfortunate—I have known Alfred about 12 months—upon the whole he has been very kind to me—I am in the family way by him—he knew it some time back, and told me he would try to put money away for me—long before the murder he told me he had put money away—he said he did so, so that he would not spend it on himself—on this particular day we had had a row about a man—Alfred struck me, and Mrs. Wood and Mrs. Chatfield came down—they took my part against him, and bathed my eye—Mrs. Wood for some time had felt unkind towards him and had said on one occasion in my presence that she would be revenged on him if she could get the chance—on March 27th we had a paraffin lamp—when it was filled Alfred did it—I sat up with Mrs. Wood and Mrs. Chatfield till 12 o'clock—Alfred was out for a little while—I had nothing to drink—I do take a little drink and have been in trouble about it—when Alfred came back I had prepared to go to bed—I was not in bed—when the women went away we went to bed—I was in pain from the blow I had had, and do not remember much more—we had a clock—I think it was between 2 and 3 that Alfred got up—I did not pay any particular attention to it, I was sleepy—I heard him speak out of the window, but did not hear the answer—I do not know how he got out of the house—I did not wake again until 9 next morning—once during the 12 months Albert slept in our room when we were there—that was in Brookmill Road—he had no money and could not afford a kipp—when I woke up on this morning Alfred was in the room; he had on a blue suit; a blue coat and waistcoat and a dark pair of trousers—that was the coat and waistcoat he had been in the habit of wearing—I had not seen him wear the brown coat—for weeks he had forsaken it and was not going to wear it any more—I should not have known if anybody was in the room between the hour that Alfred left and the time I woke up in the morning—I should not have waked up if there had been—Mrs. Chatfield was the first person to speak to me about the murder—she remained in the room two or three minutes to tell me about it and then she said, "I must be off upstairs to get the children ready for school"—the prisoner did not seem excited; he was the same as usual—Mrs. Wood was at the street door—she did not come into my room then—Alfred went out to get a newspaper on the Monday—he always gets a paper—it was a football paper, he plays football—he gets the "Morning Leader"—I do not know what part of the paper he turned to—I turned to the report of the murder—it was, "Man No. 1. Aged twenty-five to twenty-seven, 5 feet 6 inches or 5 feet 7 inches in height, round face, dark moustache, blue serge suit, white collar and tie, black felt hat. Man No. 2. Age between twenty-four and thirty, 5 feet 5 inches in height, brown hair, short jacket suit, brown boots, grey cap"—it was Mrs. Wood who
first suggested that the description of Alfred resembled one of these men—she did not say that in his presence, but I repeated it to him—I do not remember if I told him that Mrs. Wood had said so—I cannot remember one way or the other—after I had put the statement to him he said, "Do you think I should be such a fool as that, known as I am, to walk about the streets?"—Mrs. Wood never came in and spoke to him about it—I never saw her come into the room and stare at the coat—it was hanging there as it had been for weeks, anybody could have seen it—I told Alfred somebody had suspected him—it was before I told him that there was a description which answered to him that he said, "Well, if anybody asks where I was, say I was in bed with you all night"—I am quite sure it was before that—I have not a very distinct memory about it—until I was taken to the police station I had nothing to fix these things upon my mind—I did not meet Littlefield—I was waiting for Alfred—we were going to the King of Prussia—he was going to meet me at Griffin Street at 11 o'clock—he did not meet me and I slept on the stairs—Harry Little-field came and banged on the door twice—I did not take any notice—I said to myself, "Oh, God! I hope A If is not got"—he was making a bother outside and said they wanted this Annie Cromarty, as they called me, and it turned out that Alfred was got—I was taken to the police station and put into the superintendent's private room with Inspector Fox, who asked me a lot of questions—my answers were unsatisfactory, and he pressed me with more questions—he told me, unless I gave him an answer that was satisfactory he would keep me there, and that is how I came to make a written statement—during the week after the murder Alfred did not appear to have any more money than he had the week before—when I was first asked about the boots, I said they had been blacked weeks before the murder—on the Monday Alfred got a few things in, some coal, wood, tea and sugar—I don't know where he got the money for them from—they would only cost about 9d. or 1s.—the next day he told me he would have to go to his mother, as he wanted 3d.—up to the time he was arrested he did not appear to have any more money than before the murder, and we lived in great poverty—I do not know if he gambled on races when he had a little money—I only knew that he had won money on races from what I heard at the Coroner's inquest—I was angry because he ad made a little money and kept it back from me—it was the Sunday after the murder, when I asked him for some money, and he said, "I have only got 2d. on me; you can have that"—I said, "All right, that will do"—it was on the Sunday morning that we went out when he dug for the money—we were not looking for it long—he just dug a few places and said, "We had better go; I cannot find it"—since this charge has been hanging over Alfred's head I have been at 15, Circus Street, Shaftesbury Avenue, which is a home—I have not had an opportunity of seeing the people in our neighbourhood—I was taken to the home by Mrs. Marsh, and the matron brought me here to-day—I do not remember all the evidence that I gave before the Magistrate—I am not prepared to say whether it was actually accurate or not—I was bothered and frightened when I gave my evidence.
Re-examined. I was bothered and frightened because I am carrying, and I am frightened that way whether it will come off—Chief Inspector Fox put the questions to me and said if I did not speak the truth I should be put into a cell or taken away somewhere—I have spoken the truth—I went to the station with the tale that Alfred slept with me all that night and never went out—the Inspector said, "It is no good your saying that because he was seen out"—then I spoke the truth as far as I could remember it.
FRANCIS BAYNE . I am a wardrobe dealer, and live on the first floor at 23, Brookmill Road, Deptford—Rose Wood lives with me in the same house and passes as Mrs. Bayne—Cromarty and Alfred Stratton lived there—on the Sunday before Mr. Farrow's murder there was a quarrel between them in the evening—Mrs. Wood went down to Cromarty and stayed with her a little time—I went to bed about 12.15—when Mrs. Wood came upstairs after the row we looked out of the window—that was about 12.20—I saw somebody standing at the corner of the path in the street, dressed in a dark blue suit of clothes, a collar, and a bowler hat—he was standing about three yards from my window on the kerb—we looked out of the window for about ten minutes—he was standing there all that time—we had a light in our room—his back was towards the window—after eight or ten minutes we drew back from the window and went to bed—we went to sleep, and about 2 or 3 a.m. the front window downstairs opened; that was Cromarty's room—I did not look out again—I went to sleep—about April 11th I went to Blackheath police station and saw about twenty men there, and picked out the man that I had seen when I looked out of my window—it was Albert Stratton—amongst the men was Alfred—I have known him for some time.
Cross-examined by MR. ROOTH. I last looked out of the window about 12.15, and then went to bed and to sleep—I did not look out of the window again until I got up about 7.30 or later—I do not know what took place when I was asleep—I gave information to the police; I did not send Mrs. Wood to give information—she gave information on the Monday night; I gave information on the Wednesday afternoon—it was after Mrs. Wood had talked to me that I gave the information.
Cross-examined by MR. MORRIS. After I heard the window open I heard no more during the night—I should say the man's suit was dark raw blue—it was a dark suit—I cannot say if it was black.
Re-examined. When I picked Albert out he was wearing a dark suit, which looked like the same that the man was wearing who was outside my window—this suit (Produced) is similar to the one the man was wearing.
ROSE WOOD . I live with Mr. Bayne at 23, Brookmill Road—I know Alfred Stratton and Cromarty—I remember Sunday, March 26th, when there was a quarrel between them—I went and attended to Cromarty, who had a black eye—I and Mrs. Chatfield stayed with her for some time—I went to bed about 12—just before I went upstairs Alfred came home—I left him and Cromarty in the room—when I got upstairs Mr. Bayne was in bed—sometime afterwards I looked out of the window, and noticed a man in the street dressed in a bowler hat, a white collar and a dark suit—
he was broad shouldered—he was standing opposite and under the window on the pavement—I had never seen him before—on April 11th I went to Blackheath Road police station and saw a number of men—I did not count them—I picked out the man who I had seen standing below my window on that Sunday night—it was Albert Stratton—after I had looked out of the window I went back to bed—I was afterwards disturbed by Stratton's window opening—I did not get up—I did not pay any attention to it—I went to sleep again—next morning between 9 and 9.30, I went to Cromarty's room—Alfred was there, sitting on the end of the bed dressed, with Cromarty—I did not have any conversation with him—I spoke to Cromarty—on Tuesday, March 28th, I went down again to their room and saw Alfred blacking his boots—they were brown boots—I asked him why he was blacking them, as Mr. Bayne had some brown polish upstairs—Cromarty said she did not know—I did not notice if Alfred had worn the boots before—on the Sunday night when the quarrel occurred he was dressed in dark clothes, but I cannot swear if they were dark brown or navy blue, because he had both—I have not seen him dressed in brown, but he had a suit hanging on the door—on the Monday morning he was dressed in a dark navy blue cloth suit—I did not see any brown clothes then, but on the Tuesday morning I saw a brown jacket hanging on the door—he was dressed in a dark-navy blue suit—that was between 10 and 11 a.m.—I had a newspaper with me with a description of the man wanted—I had read of the brown boots, the light cap and the dark suit in the newspapers—on that Tuesday morning in Alfred's presence Cromarty asked me for the paper which the Deptford murder was in, and I gave it to her—it was the "Morning Leader"—I did not read any part of the paper aloud in the room—I said I had my suspicions, and I would not leave a stone unturned, with God's help, until I brought the guilty ones to justice—I said that in Alfred's and Cromarty's hearing—neither of them made any answer—the brown jacket was hanging up then—I went down to see Cromarty on the Wednesday, but I did not take any more notice of the room—I did not notice if the brown jacket was there then because I had seen it hanging on the door on the Tuesday.
Cross-examined by MR. ROOTH. On the night of the 27th I sympathized with Cromarty, and stayed with her for nearly two hours—I had not had any unpleasantries with Alfred to speak of—I had not sworn I would be revenged on him if I got my chance—it is a lie; I never said anything of the sort—the description I saw in the newspaper was, "Age between twenty-four and thirty, 5 feet 5 inches in height, brown hair, short jacket suit, brown boots, grey cap"—that is not an extraordinary costume in Deptford; there are many similar—a cap would be the ordinary head-gear in Deptford—old brown boots in themselves are not unusual—there was no description of the man's face—there was no description beyond the fact that he had got brown hair, but seeing the brown jacket on the door, and the cap, I thought Alfred was the man—after I got into bed on that night I do not know what took place until the morning—I cannot say if anybody came in during the night—the brown boots had not been blacked over and over again to my knowledge—I had never seen him blacking his
boots before—I took no notice when I saw him blacking his boots—I made a communication to the police on the Wednesday.
SARAH CHATPILED . I am married, and live at 23, Brookmill Road—I was there on March 26th and remember seeing Alfred Stratton there—on the night that Cromarty had a black eye, Alfred was dressed in a brown suit, a muffler, and a great coat, but I can hardly tell you if it was light or dark brown—he had on a grey cap; I cannot say as to his boots—I have several times before seen him in a brown suit—after that night I never saw him, to my knowledge—the cap he was wearing was something like this (Produced).
Cross-examined by MR. ROOTH. I did not take particular notice of his garments, whether he had brown or black boots—all I say is that this cap is something like the one he had on.
Saturday, May 6th, 1905.
WILLIAM GALL (264 R.) On April 8th I was near the waterworks at Ravensbourne with Cleveland, digging with a trowel, when I found, three or four inches below the surface, this piece of black stuff and in it two sovereigns and a half-crown wrapped up—I handed them to Cleveland—I have known Albert Stratton for two or three years—I have noticed his walk; I should describe it as a military walk, rather quick in step.
Cross-examined by MR. ROOTH. Cleveland gave me directions to look for this—there were three of us there—Cromarty was not there—Constable Slater was—we were about two hours altogether; we had to stop several times on account of the quantity of people going to and fro—I did not know how much money I was looking for; something was supposed to be buried there.
Cross-examined by MR. MORRIS. I have known Albert for two or three years in Deptford—I know he was in the Navy—I knew him when he was wanted as a deserter from the Navy, because I assisted to arrest him at that time—that was two years ago—since then I have seen him walking about—I do not know if he was poor—I would not be sure if I have seen him walking about in an overcoat.
Re-examined. After I had him two years ago for deserting I saw him next when he came out of the Navy eight or nine months ago—since then I have seen him on several occasions in Deptford—I should not think that he has been away to sea during the last eight or nine months.
FREDERICK CLEVELAND (Detective-Sergeant R.) On April 7th I went with Cromarty to the Waterworks Passage at Ravensbourne, where she pointed out to me a spot near a fence, which I marked—next day with Gall and others I went to the spot and dug round it—Gall showed me this piece of black stuff with the coins wrapped up in it—I saw him dig it up.
MARY AMELIA COMPTON . I am married, but live apart from my husband—between 3 and 3.30 a.m. on March 27th I was outside the Broadway Theatre, Deptford—I know Alfred Stratton—I saw him there that morning—he said, "Have you seen Hannah?"—that is Cromarty—I knew her—I replied no and did not want to, as I had sufficient to look after myself
—nothing else was said except good-night—another gentleman was with Alfred whom I did not know—Alfred was dressed in a dark suit and a cap and the other one in a dark suit and a bowler hat—on Tuesday, April 11th, I went to Deptford police station and was shown a number of men in a row—I was asked to pick out the man whom I had seen with Alfred on that night and I picked out Albert.
Cross-examined by MR. ROOTH. It may have been 3.15 that I saw the men—Alfred spoke to me first, calling attention to himself—there was no attempt on his part to my knowledge to disguise his being there.
Cross-examined by MR. MORRIS. The man I picked out at the police station was dressed in a dark or black suit.
Re-examined. Albert is the man who was with Alfred that night
EDWARD ALFRED RUSSELL . I am eleven years old—I go to school, and live with my parents at 6, Reginald Street, Deptford—I go with a milkman named Jennings on his morning rounds—I was with him on Monday morning, March 27th, in High Street, Deptford—I know Chapman's oil shop at No. 34—as I came along with Jennings that morning I noticed two men leave the shop—they slammed the door, but it flew back—Jennings said, "You have left the door open"—they both turned round and nodded and went towards the Broadway together—I lost sight of them at the corner of High street and the Broadway—I did not notice which way they turned when they got to the Broadway—when they came out of the shop they crossed over by the undertakers—when I lost sight of them they were on the same side as Chapman's—one was a little bit taller than the other and was dressed in a dark blue serge suit, a dark bowler hat, and a pair of black boots—I noticed that he walked very stiff and quickly—the other one, who was not so tall, was dressed in a dark brown suit, a cap and a pair of brown boots—I cannot say if the taller was thin or broad—when I went home to breakfast I told father something and the same day I saw Inspector Hailstone and told him something—on April 3rd I went to the police station and saw a number of men standing in a row—I was not able to pick out from them anybody whom I had seen on the Monday morning.
Cross-examined by MR. ROOTH. When the two men came out of the shop they were about as far away as I am from you or further—they turned round when Jennings spoke, so that I saw their faces—I gave a description to the police—I afterwards saw a newspaper with a description I had given in it—I was afterwards taken down to the police station and shown a lot of men, amongst them being the prisoners, and I, who had seen the two men come out of the door, said it was not either of the prisoners.
Cross-examined by MR. MORRIS. Both men turned round—I saw the man's face who was dressed in the blue suit—he had got a dark moustache, but it was not very thick.
Re-examined. I saw my description in "Lloyds Weekly News"—this is the description I gave, "Man No. 1, age 25 to 27, 5 feet 6 inches or 5 feet 7 inches in height, round face, dark moustache, blue serge suit white collar and tie, black felt hat. Man No. 2, age between 24 and 30
5 feet 5 inches in height, brown hair, short jacket suit, brown boots, grey cap"—I should describe man No. 1, apart from his dress, as the taller of the two—he had black hair and the other one had brown—I don't think there was any difference in figure from man No. 2—I cannot say whether the prisoners are or are not the men I saw come out of the shop that morning.
HENRY ALFRED JENNINGS . I am a milk carrier, and live at New Cross—on the morning of March 27th I was with Russell on my usual round—we were going down High Street, Deptford—I know Chapman's shop—as we came down High Street I saw the shop and noticed two men come out—as we came up the door was shut—when they came out it was left open—I called out, "You have left the door open"—one of them turned round and said, "Oh! it is all right; it don't matter"—they walked away towards New Cross Road—they crossed the road from Chapman's shop—I saw them for about 15 yards from the shop—I did not take any more notice—that was about 7.15 a.m.—one was about 1 1/2 or 2 inches taller than the other—according to my idea the tallest one was the stouter—I think he had a short dark moustache—he was dressed in a blue suit, bowler hat, collar turned up, and had his hands in his pockets—the other one was dressed in a brown suit and cap—on April 3rd I went to Blackheath Road police station and saw a number of men in a row—I was asked if I saw amongst them the men I had seen on the Monday morning, but I failed to identify—looking at the prisoners now, I am unable to say one way or the other whether those are the men I saw in High Street, Deptford.
Cross-examined by MR. ROOTH. The incident of opening the door and coming out occupied about two minutes—my mind was not concentrated on them—I whistled to one of them—I did not pay any attention to them—I only had a slight glance and never thought no more about it—I did not turn round to see the men coming out, I had not passed the door—the shop was facing me—I noticed that the door was closed before they came out.
By the COURT. I heard of the murder about 9.20 a.m.
HENRY JOHN LITTLEFIELD . I live at 34, Vansittart Street, New Cross, and am a professional boxer—at 2.30 a.m. on Monday, March 27th, I was at a coffee stall at the Broadway, Deptford—I left the stall and went towards home—I went through Church Street and turned up Hale Street, which would bring me into High Street—in Hale Street I saw two men running behind me before I got to the top of the street—they were going in my direction, towards High Street—they came within 12 or 14 yards of me—I turned round and looked at them again, and they turned round and ran back as fast as they could run—I do not say they were the prisoners—they ran back towards the direction of Church Street—I waited three or four minutes, because I thought it was strange—I then proceeded on my way home—I went up High Street in the direction of the railway station—I should pass the end of Regent Street—when I was somewhere near Regent Street these two men came round the corner face to face with me—Regent Street is the next turning to Hale Street—I have
known Alfred Stratton five or six years and Albert five or six months—I did not know then that they were brothers—Alfred said to me, "Hullo, Harry! out again?"—I said, "Yes, and I have good reasons to be out"—he said, "Which way are you going?"—I told him I was going through Douglas Street home—that is the turning on the other side of High Street—I bade them good-morning—during the time I was speaking to them I noticed that Alfred was looking to and fro, up and down the street, and Albert seemed to be fumbling with his coat as if he had something in it—when I looked at him he made half a turn and walked two paces away from me—Alfred had on a brown suit, a check cap and brown boots—Albert had on a dark blue serge suit and a bowler hat, but his boots I did not notice, on account of his walking away so sharp—he had a white collar round his neck—when I parted with them they went towards Farrow's shop—they were walking on the left side of the road as you come towards the Broadway.
Cross-examined by MR. ROOM I saw an account of the murder the same day in the papers when I got up about 11 a.m.—I believe it was the "Morning Leader"—I had not bought it—I read it in the coffee shop in the neighbourhood of Deptford—the place was full of the murder then—it was the talk at the time—I did not meet anybody else whom I knew that evening while I was out—Alfred spoke to me first, calling attention to himself—the conversation took place at the top of Regent Street—it was dark, but we were standing underneath a lamp, and their suspicious ways made me take notice of their clothes—it was about 2.45 then—the clock was chiming—I have only spoken to Alfred now and again—I have never had an unpleasantry with him about Cromarty—it has been suggested to me before, but it is false—I first made a statement to the police on April 4th, at Blackheath, after I had seen the prisoners in custody, but I had given information before they were arrested—it was in consequence of my having seen the prisoners that I made my statement to the police.
Cross-examined by MR. MORRIS. I gave evidence at the inquest and at the Police Court—when I was giving a description of Alfred at the inquest I said he had a darkish check cap, but I do not know if you call a check dark or light—I did not refer to the cap at the Police Court as a light check cap; I said a dark check cap—I did not hear my deposition read to me at the Police Court, but I read my deposition myself at the inquest—I did not take any notice of it after it was read to me at the Police Court—a cap like this (Produced) some people would call light and some dark—this coat (Produced) looks a very very dark blue—it is a black coat green with age.
Re-examined. The coat Alfred was wearing was dark blue, not quite so dark as this one—the cap was not like this one at all (Produced); it was like this one of mine.
ELLEN STANTON . I live at 2, Nile Street, Tanner Street, which lies almost at the back of the Broadway Theatre—I go to work in London, generally by the Deptford railway station to Charing Cross—going from my house to the railway station I cross the Broadway and go up
High Street—I generally go by a train which leaves at 7.20 a.m.—it takes about ten minutes to walk from the house to the station—on Monday, March 27th, I was going to catch that train as usual—I know the chemist's shop at the comer of High Street and the Broadway—when I got to that shop it was just on 7.15—I saw two men running from the High Street into New Cross Road—I saw them turn the corner—some trams start from that point—there was no tram in sight—the men ran past the Broadway Theatre towards Wilson Street, the first turning—I went on to work—I recognise one of the men as Alfred Stratton—I keep company with a man named Salter, and while out with him I had seen Alfred, who was acquainted with Salter—I have seen Alfred nod to him—on this morning Alfred was dressed in a dark brown suit and dark cap—I don't know who the man was with him—I have never seen him before as far as I know—he was dressed in a dark overcoat and a bowler—when I came home that night I heard about the murder—I knew Chapman's shop and Mr. Farrow—as I went along to catch my train I have seen him once or twice standing at the door of the shop—this (Produced) is a photograph of him, but it was taken a long time ago—on the Tuesday night I said something to Salter, and on Friday, March 31st, I gave a description to the police of the men I had seen—on April 3rd at Blackheath Road police station I saw a number of men, amongst them being Alfred Stratton—I was not able to pick out the other man who was with him on that morning—looking at Albert now I cannot say whether he is or is not the man who was with Alfred that morning—this (Produced) is not the cap which Alfred was wearing that morning.
Cross-examined by MR. ROOTH. It was just on 7.15 when I see Alfred—it was light, but I cannot tell you if it was sunshining—I was in a hurry to catch the train; I only just succeeded in catching it—my attention was chiefly devoted to doing that—Stratton ran towards the chemist's in New Cross Road—he was about six yards from me when I caught sight of him—his passing me only took a few seconds—I did not see a milk cart with Russell and Jennings in it—Alfred and the other man were running as if they were running for a train, side by side, both making the same pace—the other man had an overcoat on—I did not see no newspaper; it was read to me by Salter—I told my young man that the man I had seen running was the fellow who used to play in his football team—I had seen him about four times, first a long time ago—very likely he has seen me before—the last time I saw him was about last summer.
ALFRED PURFIELD . I am a painter of 21, Linsell Street, Blackheath Hill—on Monday, March 27th, I was on my way to the Deptford railway station to go to London by the 7.35 a.m. train—I had to meet a man named Hicks by appointment, and I waited for him in High Street, Deptford, nearly opposite Chapman's shop—apparently the shop door was closed when I first saw it, but I saw it open and an old gentleman standing there—he had blood on his face, shirt and hands—he stayed at the door in a vacant kind of way for a short time, and then closed it—I lost sight of him—I looked for a policeman, but there was not one
there and I went on to catch my train—I did not give information to the police; they came to me—this (Produced) is a photograph of Farrow, but here he appears to be much younger.
EDITH ROSE WORTH . I live at 112, Friendly Street, Deptford—on Monday, March 27th, I was going up High Street, Deptford to my work, between 7.20 and 7.25 a.m.—I know Chapman's shop; I saw an old man at the door—he appeared to have been very seriously injured—he had blood on his face and hands—he stayed at the shop door for a short time and then closed it—I subsequently told the police—this (Produced) is a photograph of the man I saw standing at the door.
ALFRED DEACON (Detective-Sergeant, New Scotland Yard). I am largely employed at Scotland Yard in taking photographs—on March 27th I took two photographs at 34, High Street, Deptford, one showing the shop parlour with the body of Thomas Farrow lying there, and the other showing the bedroom in which there was a bed with blood stains on the pillow and bedclothes—I got there shortly after 11 a.m. and left about 3 p.m.—the photograph of the bedroom was taken after Mrs. Farrow had been removed to the hospital—the photograph also shows another bed in the same room, and the mattress appears turned down as if search had been made under the mattress; the bed was disarranged—it was in that state when I saw it—I took charge of the cash box—I took it off the floor and put it in my bag, and it remained there until I got back somewhere after 5 p.m., and I handed it to Inspector Collins at Scotland Yard—he afterwards handed it back to me, and it has been in my custody throughout these proceedings.
Cross-examined by MR. MORRIS. There was a good deal of blood on the floor of the ground floor room.
By the COURT. The cash box has been forced open, but there are no marks on it to show how it was done.
CHARLES COLLINS (Detective-Inspector, New Scotland Yard). I have been employed in connection with the Finger Print Department since the formation of the finger print system in 1901—previous to that I was employed for two or three years on the anthropometric system, which Was a system based on certain body measurements and embodied for part of the time finger prints—I have studied the works on the subject by Mr. Francis Galton and Mr. Henry—so far as I know, those are the only works on the subject of finger prints—at Scotland Yard we have now between 80,000 and 90,000 sets of finger prints, which means between 800,000 and 900,000 impressions of digits—in my experience I have never found any two such impressions to correspond—in comparing the impressions we proceed to classify them first by types and sub-types, and then by counting and tracing the ridges—that is when we have complete prints of the whole finger; we then compare what are called the characteristics—in my experience, if the type or sub-type or the number or tracing of the ridges differ, they cannot be the prints of the same finger—if those matters agree we then proceed to compare the characteristics—in my experience, the highest number of characteristics which we have ever found to agree in the impressions of two different fingers is three
—that occurred, to the beat of my belief in two instances; it may have been three, but not more—we have never found as many as four—these photographs (Produced) are enlargements of two finger prints of the same digit, the first taken in August, 1898, and the second in February, 1905, and they show that a particular man's finger did not alter in seven years—from my experience I find that the finger prints of persons who come under my notice do not alter—this cash box was handed to me by Deacon—I found a finger print on the inner tray; it is visible now—I photographed that finger print, and for the purpose of comparing it with others I enlarged it—I did not take impressions of the fingers of Thomas Farrow—Sergeant Alden will speak as to that, but they were shown to me; these are they—I compared them with the mark upon the cash box—they do not agree—Inspector Stead man examined the fingers of Mrs. Farrow after her death—I took an impression of the fingers of Deacon and of Crutchett—until the arrest of Alfred Stratton I had not been able to find any finger prints that I tried which agreed with the print upon the cash box—on the prisoners' arrest I took impressions from the digits of them both—I found that Alfred's right thumb corresponded with the mark on the cash box and I prepared for the purpose of comparison an enlargement of the mark upon the cash box, and one practically on the same scale of the right thumb of Alfred—the scales are as near the same as I could get them—I have indicated by red lines and figures eleven characteristics in which those two prints agree—I also point to at least one other characteristic which I describe as a spur, which is also visible in both prints—I did not find any characteristic which is visible in the print on the cash box which does not agree; so far as the characteristics are visible, they agree—this (Produced) is a chart or an enlarged drawing of the finger marks—there is a line coming in from the right, dropping in the form of a crescent-shape where it is marked 1—we have a ridge dropping, nearly touching No. 1 a little to the right, which is marked 7—the next line above is a line coming up and forking to the right—it is a line immediately above 7—inside the prongs of that fork we have a short independent piece of line marked 6, which we call an island—above that we have a line opening at 3 and closing at 5, forming a lake formation immediately above 2—then the 3rd line above that, coming from the right, terminates abruptly, marked 4—8, is the commencement of a tuning fork pattern, which forks at 9 just a little to the left—the upper part of that fork forms a ridge marked I—you follow the lower prong and you will find a little spur which is not numbered—the next line immediately below abruptly terminates a little to the left marked 2—No. 10, the 4th line from 8, has three intervening lines coming from the left and abruptly terminating—I not only point to the form of the characteristics, but to the number of intervening ridges between each, and both the form and the number of intervening ridges and their respective positions are identical in the two prints—from my experience I should say that it is impossible that those can be prints of two different digits—I have prepared enlargements of the right thumb prints of Crutchett, Deacon, Mr. Farrow and the two prisoners—none of them agree, and
none of them agree with the print on the cash box except Alfred's—I have my apparatus here for taking prints—this (Produced) is a copper plate—a thin film of ink is spread over it by a roller, the finger is placed upon the inked plate, the ridges take up the ink, the finger is then placed upon the paper and leaves an imprint—we have paper forms for the purpose—this (Produced) is the print I took of Alfred's finger.
Cross-examined by MR. ROOTH. I have been employed in classifying and comparing finger impressions for between six and seven years—there must be ridges and lakes and peninsulas in every hand—the eleven characteristics which I have marked for the benefit of the Court are the only characteristics visible from the print on the cash box—they all differ from each other in points of position and character—the points marked 1 to on one enlargement agree with the points marked 1 to 11 on the other—I was not exactly a pupil of Dr. Garson; he was attached to the Anthropometric Office, and when I was working in that office he had very little to do; he was simply adviser to the Commissioner—I have no experience of his ability on the question of finger prints, but on the question of measurement I should value any opinion which he expressed—he taught me to measure criminals in Wandsworth Prison and he taught me something to do with finger prints, but previous to going there I knew the way to take prints—the thumbs in these two prints are looked at from precisely the same point of view—the photograph of the print taken from Alfred is a little more to the right, but it is practically the same—I see the line in print No. 2 forking to the right is more circular in the lower one than in the one above, but in little points of that description pressure would play a lot—it is simply perspiration in the mark on the cash box and in the other the finger is evenly coated with ink—pressure would give you a straight line from one and a curve from the other, but the patterns are the same—in the lower enlargement it is much more curved than in the upper one, which is much more broken up—in the upper one at the end of one part it joins, making a sort of triangle—it is simply a fork to the right, but I do not agree that it is a curve in the lower one—the bifurcation is arched equally in both—I cannot see that the line is much straighter in No. 1 than in No. 2; I cannot see any practical difference whatever—these vertical lines are scratches which were on the cash box—you can see them on it now—one point I depend upon is the little island between points 3 and 5—there is a difference in size and shape between it and the one in the lower print, but that is accounted for in my experience by pressure—in the lower one you have got ink on the ridges of the finger and by pressure you will fill in the ridges, whereas in the other one you have only got perspiration—the exact size of the opening does not alter my decision as to the point of identity, because I know by experience that pressure will alter it—you must remember the number of times this photograph has been enlarged and the difference is at the same ratio—the smaller the thing gets the smaller the difference appears and the more you enlarge it the greater the difference appears—it is enlarged thirteen times and I think I have accounted for the difference—the difference—in line No. 6 is where a scratch comes on the cash box—you
can compare it with the mark on the box—I cannot see any appreciable difference at the base of No. 6—lines Nos. 8 and 10 are practically the same, but you must understand that things such as the hand not striking the same angle make a difference, and the finger is very soft—if you take a soft rubber stamp and push it down with pressure you get a more or less blurred mark and the same with the finger; if it is not touched in the same way you are bound to alter the angle of the pattern—I make it about an inch and three-quarters from the line marked 1 to the line marked, 9; it is not only one-fifth of an inch—all the lines agree in the same ratio with the degree of enlargement, but there may be a slight difference in the degree—I do not make a difference of one-twelfth of an inch between lines 9 and 10 in the two enlargements, but I will concede you that point—between lines 1 and 10 I make the difference about four millimetres, but the degree of enlargement is more in the top than the bottom—I see that the lines in the upper photograph are running much more perpendicular than in the lower, but the pressure of the ridges, will alter that. [An impression of one of the Jurymen's thumps was then taken, one heavy and the other light.]
By the COURT. In my experience the termination and the number of the lines between the various terminations do not correspond in any two people, but the actual print will vary according to the pressure and scale of enlargement—unless you get the enlargements exactly the same, the degree of enlargement will be different.
CHARLES STEADMAN (Detective Inspector), I am in charge of the Finger Print Department at New Scotland Yard—my experience dates from October or November, 1894—I have heard Collins' evidence as to, the finger prints—I agree with him—in my opinion these two prints which he has reproduced are the finger prints of the same digit—I do not think, it possible that they can be the finger prints of two different individuals—I saw a photograph of the print on the cash box and compared it with the fingers of Mrs. Farrow shortly after her death—it did not correspond with any of her fingers in any way; it was a different type—I did not take a print of her finger, because I arrived at the hospital a few minutes before she died—I was quite satisfied with my visual examination.
Alfred Stratton, in his defence on oath, said that he had lived with Cromarty for about eleven months on and off; that she was in the family way by him; that he was on very bad terms with Mrs. Wood, who had sworn she, would be revenged on him; that he often let his brother Albert sleep in his bedroom, and would sometimes give him "kipp" money; that on March 26th he had struck Cromarty in the eye about a man; that he went out and returned, about 11.45 p.m. and found her with Mrs. Wood and Mrs. Chat field;, that they left, and he and Cromarty went to bed about 2.30; that a tap came at the window; that he stood upon the bed and saw Albert at the window, who asked him if he had any money for his lodging; that he (Alfred) said he could net spare any and added, "You had better wait a minute or, two, and I will
slip you in here "; that he dressed, but that when he pulled the curtain aside Albert was not there; that he went out to find him; that he found him at the top of Regent Street, and told him he ought to have waited; that he saw Littlefield and Compton; that he and Albert then went straight home; that he had a key, and the room being on the ground floor they did not make the slightest noise going in; that he slept on the bid with his clothes on and Albert laid on the floor; that he slipped Albert out just before 9 a.m. before Cromarty was awake; that he (Alfred) was wearing very close check trousers turning green with age, and a dark green jacket and waistcoat and the grey cap produced; that he had a very light brown jacket, which used to hang on the partition just alongside the door; that he had given it away, after the murder was made 'public, to a man he used to know in the Carrington lodging house', as it was discarded and of no use to him; that he had got into bed with his clothes on to comfort Cromarty, as she was upset over the row the night before; that he had got the paraffin on his trousers when filling the lamp the night before; that he had told Cromarty on March 27th the Same as he always told her, which was that if anyone asked her if he was out say no, as he had been in trouble; that it was not true that he or Albert had ever entered the deceaseds house; that at 7 a.m. they were indoors; that he had told Cromarty three weeks before the murder that when her child was born he would look after; it that he thought the money which he wanted for that purpose might be Stolen, so the best thing he could do was to bum it, and that he did not always tell Cromarty when he got money.
Evidence for the Defence.
JOHN GEORGE GARSON . I am a Doctor of Medicine, living at 12, St. John's Road—I have given special attention to medical legal work, and I have had experience of the finger print system since about 1890—I was engaged by the Home Office in 1894 to undertake the organisation of this, and also the Bertillon system, and I was engaged in training a staff of Officers in prison and police service—I had Inspectors Collins and Stead-man as pupils in one of my classes at Wands worth Frison—I have had these two photographs of the finger print on the cash box, and also of the thumb print of Alfred stratton, which have been produced here, before me, and I have made a thorough examination of those two prints—I heard Inspector Collins say that these were practically almost the same size—I have examined them, and I say they are the same site enlargements of that portion of the thumb, for two reasons; first, because the width of the ridges are, as far as one can make out, exactly the same in the two prints, and, secondly, the intervals are precisely the same and the measurements are the same between certain given points—if you draw a straight line through points 1 and 11 it is almost a vertical straight line in both the prints—as to point 1, that is a very characteristic point and occurs in both prints—point 2 I do not consider the same; I cannot agree to the correspondence of that point; if you take the lower print, there is a distinct shoulder at the spot which is marked in my print as "2," and if you take the upper print, you will see that, instead of being a shoulder, there is distinctly a curve rather in the opposite direction; in the upper print it is convex and in the under print it is concave—[The witness explained to his Lord ship and the Jury on the photographs]—the form of the upper fork
on which "2 "is, is of a different form from that in the upper print; you will see it is a good deal more convex in the under print and the arch is wider in the upper print; it also runs down in a different manner—it also joins the ridge in a slightly different manner below point 2; that is following the lower branch; the point in the upper print runs in a straighter line than is the case in the lower print—points 3 and 5 really mark what is called the "lake"—I do not agree that the lake in the upper print agrees with the in the lower print—it is very obvious, on looking at the prints, that in the upper print it is much longer and proportionately narrower than in the lower print—I have measured the lengths and I find that the length of the lake in the upper print is thirteen millimetres, while in the lower it is eleven millimetres—that is a difference of 11.8 per cent. or about one-twelfth of an inch in the length of that short line—Points 4: I do not agree to those being corresponding points in the two prints, because if you make a vertical line, which will pass through the ends of points 1 and 11, raise that up right through the prints, and take the distance between the point marked "4 "in the under print, you will find that the distance from the vertical is five millimetres—if you take and put a rule at the ends of points 1 and 11 in the upper print, and then measure to the end of point 4 from the upright, you will find that it measures thirteen millimetres, so that that is a difference of eight millimetres between the two prints, and I say that is impossible, therefore, to be the same point—I have another remark to make with reference to point 4, and that is that in the lower print that terminal end of point 4 is much nearer the next ridge than it is in the upper print—looking at the upper print I would say that the ridge in point 4 is as wide, as far as the actual ridge is concerned, as it is in the lower ridge—with reference to point 6 that has been described as an "island," I do not agree with Inspector Collins that these points in both prints are alike, because, in the first place, in the upper print that ridge measures fourteen millimetres in length, and in the lower print it only measures twelve millimetres; it measures longer in the print that is less clear—there is a difference of 11.7 per cent, of that whole length or two millimetres—let me explain that when I use the right and left I am speaking as regards the person who is looking at the print—you will find that that joins at the right hand side and forms a fork with the ridge below, just where the red line goes through; the red line passes through the junction, and I have had to ascertain whether there is a continuation by examining it closely to see whether the red line is superficial or not, and I find that it is superficial to that junction; it has gone right through the junction in my print—that could not possibly be the case in the under print, which is clearly a terminal end, and, if anything, it is thrown up in the opposite direction towards the top of the print rather than bending downwards—as to point 7, that is not very characteristic; one can deduce very little evidence as to that, but, however, it does not agree in the two prints, because it is continuous in the upper print, and there is a well marked break in the lower print—as to point 8, I am not satisfied that it corresponds in the two prints, because in the first place the ridges in the upper print are very
indistinct in this place and it appears to me that that point in the upper print is not situated on the terminal point, and is the terminal point of a ridge, but I am of opinion it is continued into the next and prolonged downwards to the right; it is totally different in appearance and direction to anything which exists in the lower print; it is the ridge which is very black—as to No. 9, I do not agree that those points coincide, because, in the first instance, if you take a measurement from the end of point 1 to point 9 you will find that it measures fifty millimetres, while in the lower print it is forty-five millimetres, a difference of five millimetres or one-fifth of an inch—these two points, 1 and 11, being stationary and the same in both cases, it follows as a corollary that point 9 is not on the same portion of the print in the two cases; therefore I say it is in a different position on the finger on each of these two prints—as to point 10, it is distinctly a perennial end in the lower print but in the upper it appears to me to be placed on the cross of an arch, which is running onwards to join the one above it—I have not got the measurement from 9 and 10, but I have from 1 to 10, and from 11 to 10; from 1 to 10 in the upper print measures eighty-four millimetres; in the lower one severty-eight, a difference of six millimetres or a quarter of an inch—as to point 11, I think that fairly corresponds in the two prints—taking off half an inch on the right hand side of the upper print and covering up the left hand side of both the prints about to the middle, there is a total difference in the direction of the ridges; in the upper print they form a very fair curve and fairly vertical, whilst in the lower they are much straighter; in fact, they do not follow the curve at all: there is a double curve, as it were, in the upper print; they curve and become vertical, while in the lower print they curve and become horizontal and rather tend to rise towards the right—from my examination of these two prints, I say as to their being those of the same person it is possible, but as to there being conclusive proof to be those of the same person I say they are entirely different fingers; they may be fingers of the same person, but they are not the same fingers—there is also a remarkable absence of any recognisable or distinct marks in the quarter of the print which may be taken of the lower and upper print as marked by the lines 5 and 7. in the lower set of prints there are at least eight extremely good points, and if you carry it down further there are a considerable number more; I mean by that the junction of forks and peculiarity of ridges, not a single trace of which is to be found in the upper print.
Cross-examined. I do not say that the different digits of one individual resemble each other more than the digits of different individuals resemble each other; there is the same variety between my different digits as there is a difference between my digits and yours—I said that the finger prints may be those of the same, individual, but not of the same finger, because both prints show the form of ridge which is called an arch—it is quite possible for anyone to have on two, three, or all the fingers of his hand that arch—it is also possible for two individuals to have arches upon two or three fingers, but it is not frequently found—it is found that different individuals have different arches; that is the primary type
—a great many different individuals have that arch on their thumbs—these finger prints are more likely perhaps to be the finger prints of different people—when I was retained by the Home Office the Bertillon system was used for classification only—that part of the system which consisted of measurements of bones required expert surgical knowledge—it is not necessary to know the position of bones to find the termini or anything of that kind—the system was based on the length of limbs and head—that is certainly determined upon the length of bones underneath—I was concerned with the whole system of identification, measurements, marks, scars, finger prints and photographs—I gave evidence before, the Commission that sat in 1900—I do not know that they recommended that the combined system of measurements and finger prints should be abandoned—they recommended that both should go on—I know the system of measurements has been wholly abandoned—it was owing to the difficulty of keeping the large staff over the country trained up to a certain standard to take accurate measurements—I agree to a certain extent that two persons measuring the same part of the same body get different results—very fine measurements were required, only a difference of a millimetre being allowed in the principal measurements—when the system of measurement was abandoned in October, 1901, my services were dispensed with, and I have not had any connection with the Finger Print Department since that date—I know that the use of finger prints has enormously increased since then—I leftover 20,000 finger prints when I left—a few hundreds or a thousand, perhaps, being taken under the new system—I was there in the later period of the new system also—the old system was classification by measurement, and the new was classification by the finger prints themselves—under the old system down to the end of 1901 the highest number of identifications in any one year was 503, but that number did not include 93 identifications by finger prints alone—I was not there the last two or three months of 1901—I will not dispute the figures for that year—the last complete year that I was there was 1900—in 1900 the total number of identifications was 462—I have seen the statistics for last ear and know that the number of identifications by finger prints alone exceed 5,000—you certainly cannot take it that the experience of the officers of the Finger Print Department since I left has greatly exceeded my own with regard to finger prints—I have been at it since 1890—I have seen a number of identifications since October, 1901, but I have had no experience of the working of identifications by finger prints since that date—I think I communicated with the defence first with reference to this case—it was after I had seen the report of what had taken place in the Police Court—I wrote to the solicitor on April 26th—I had not then seen any copies of these finger prints—what, made me write was that I saw Inspector Collins had spoken, according to the papers, a great deal of nonsense about finger prints in the Police Court; for instance, there was something in the paper that he said about the number of cases you would require before you found the same finger print occurring twice, a mathematical calculation of the chances—I believe that was one of the nonsensical things he said, but there were several
things which were not in accordance with my views—that is the only one I can recollect—it is rather a prominent one—in order, to check that calculation I would have to have the basis on which it is made, but the, basis was not given—I, as a scientific man, came to the collusion that, it was nonsense—I knew where he had got it—I accept the statement that one of those prints is the finger of the right thumb of Alfred Stratton and I am prepared to swear before the jury that the one above is not—I formed that opinion after ray examination of the finger prints—I saw them casually last week in the solicitor's offices, but they did not come to me for examination until this week, I think, on Tuesday night—I had not, formed any opinion until I had examined them carefully—I then made; an exhaustive study of them—you can read the letter that I wrote to the solicitor for the defence, as far as I am concerned [The letter of April, 26th; 1905, was then read, stating that the witness was not sure whether the Treatury were going to call him as an expert witness o" the finger print system in connection with the trial of the Brothers Stratton at the Central Criminal Court, but that if he should not be called he should be pleased to arrange to give expert evidence for the defence; that he had had the organisation of the whole department at Scotland Yard and had remained there until it was thoroughly established; that Inspector Collins was his junior assistant and that he (the witness) was familiar with the extent of his knowledge; that from Mr. Button's statements, made the day before, he gathered that he (Mr. Button), was not quite familiar with the finger print system; that it was a splendid means of identification when properly used, but that it required careful use, that he had no hesitation in saying that the way in which it was being used by the police was just that which would bring it into disrepute; that he (Mr. Button) must have medical authority to regulate its use as to what extent the prints were to be relied upon in any given case, and that he was without exaggeration the leading medical legal authority, as having had by for the greated experience of the work, with the exception of one man, who was aged]—on the same day I wrote to the Director of the Public Prosecutions, offering to give evidence on his behalf. [The letter was then read, dated April 26th 1905. in which the witness stated that he would be glad to know whether it was the intention to call him as an expert in the trial of the Strattons of the Central Criminal Court on the finger impressions which wire to be brought forward against them; that it was he who first worked the system up at Scotland Yard, and that he felt that the Government had perhaps the first claim on his services, especially as Sir Kenelam Digby had said to him that there were occasions when his services might be required; that he might say that if not retained by the Treasury as an expert he probably would give evidence for the defence, and that was the reason why he was desirous of knowing as soon as possible whether his services would be required by the Treasury for the Prosecution.]—I am an independent witness.
Re-examined. If I had had to give evidence for the Treasury it would, have been precisely the same, I have given evidence for the Treasury in many cases, and I have had to give reports to them which have altered totally their procedure.
By the COURT. I meant to go on the results of my examination of the
finger prints entirely—I offered to give the result of my examination—I meant I wanted to see the finger prints in order to give my opinion, although I did not say so in either of the letters.
CHARLES COLLINS (Re-examined). In consequence of the request of the Jury I have taken these finger prints of Russell and Chapman, headed with their names—they signed them themselves (Produced and handed to the Jury)—I find no resemblance in any of them to the finger print found on the cash box.
GUILTY DEATH .
Old Court, May 3rd, 1905.
MR. A. HUTTON, for the Defence, offered no evidence.
NOT GUILTY .
(See next case).
417. EMILY ELIZA GOLSON PLEADED GUILTY to unlawfully neglecting Samuel Golson, aged eleven weeks, in a manner likely to cause him unnecessary suffering or injury to his health. Discharged on recognisances in order that she may go into a home.
MR. A. HUTTON Prosecuted.
GUILTY> of the attempt . Eighteen months' hard labour.
Before Mr. Recorder.
Old Court, May 2nd, 1905.
New Court, May 4th, 1905.
420. ALEXANDER WILSON PLEADED GUILTY to obtaining credit to the amount of £77 2s. 4d. from Thomas Bailey; £24 7s. 3d. from William Coles, and £25 8s. 7d. from the Limner Asphalte Paving Company, Limited, without informing them that he was an undischarged bankrupt. He received a good character. Three days' imprisonment.
Before Mr. Common Serjeant.
Third Court, May 4th, 6th, and New Court, May 8th, 1905.
421. ARTHUR HENRY BOUSTED (41), GEORGE YOUNG (42), ALFRED BUSH (32), ALFRED BEBROUTH (41), and ANDREW HEMETER (28) , Breaking into the warehouse of S. Oppenheimer & Company, Limited, and stealing four barrels of sausage casings, their property. HEMETER also receiving the same property knowing it to be stolen. BOUSTED PLEADED GUILTY
MR. MUIR and MR. R. B. MURPHY Prosecuted; MR. ELLIOT and MR. CECIL FITCH appeared for Young, MR. SYMMONS and MR. JENKINS for Bush, and MR. HUGHES for Hemeter.
GEORGE CHAPMAN . I am a foreman of Messrs. Oppenheimer & Company, Limited, sausage case dressers, at the Cattle Market, Deptford—I have been their foreman eight year on the same premises—Young was formerly a foreman there—Messrs. Oppenheimer had a warehouse in the market called No. 5, Blood Alley, secured by a padlock—of these keys produced No. 5 is the one that opens the lock—No. 9 also unlocks it—this third key also unlocks it—I keep No. 5, the proper key—I locked up the warehouse on March 15th about 7.30 p.m.—I unlocked the lock at 8 the following morning—I did not notice anything wrong till about 4.30 p.m., when I missed four barrels, and I saw empty barrels in the places of the full ones in the centre of about fifty—they were the same kind of barrels—the empty ones had been taken from a place about three feet away—we had "Middle gut "and "Beef bull gut" in them, cleaned and ready for use—we keep them in a barrel rather than in a bag, because they remain moist in a barrel; they keep the pickle, they are in salt water, which we put with them—in bags they will more or less perish—as soon as I discovered the loss I informed my employer—the next morning, the 17th, I saw Bush loading, when he said, "What is the matter I"—I told him someone had taken away full barrels and put empty ones in their place, and I showed him the place, as he was loading there at the time—I know Bush and Bousted as carmen, and I have recognised Hooton as a carman—I do not know Bebrouth—I saw these staves when they were brought back in the warehouse—they are the same as in the missing tierces.
Cross-examined by MR. FITCH. I was in the same employment at the time Young was there—John Hemeter was also in the employment of the firm for some time, seven or eight years ago, at the same time as I and Young were—when one left the other took his place as foreman.
Cross-examined by MR. HUGHES. The "guts "might remain in the ware-house several months, perhaps three months, therefore it is necessary to preserve them—we do not remove them in bags, but always in barrels, because they keep in barrels.
LOUIS OPPENHEIMER . I am the managing director of S. Oppenheimer & Co., Limited, who carry on business in the Cattle Market, Deptford, and elsewhere, as sausage skin cleaners and manufacturers—Young was in our employment from about 1896 to June, 1904, approximately—I think the date when he was discharged was July 4th, 1904—he brought an action against the company for wrongful dismissal, and recovered damages, for the reason that I was rot in England to defend it—he had charge of the warehouse, 5, Blood Alley, and of all the various places we had in the Deptford Cattle Market—the market is enclosed in walls, and there are gates, but I do not believe the gates are ever locked—up to April,
1904, there was a padlock on the warehouse similar to the one produced—the number was 9—I gave instructions for the purchase of a look for the Deptford Cattle Market premises on my periodical visit to Deptford, when my foreman, Young, requested me to supply a new lock for one of the placed because the old one had worn out—I did not ask him to show me the old lock but I had a new one bought, and sent to him from William Kennard in Little Britton, on May 2nd, 1904, one key of which I sent to the foreman and the other retained—one is No. 5, and the other No. 9—I did not get back the old duplicate from the foreman, and do not know what became of it—the "Middle beef bull guts "produced by the police are the same in kind as those which are missing, and contain the same brand "W," which we put on for "Wides," which we lost—we put on the brand with stencils and a brush on the various kinds, and I recognise our stencil mark "Wide Middles "which we lost—I have no doubt these tierces were formerly in our possession—I never knew Andrew Hemeter, but John Hemeter was in our employment previous to 1896—on one occasion I saw Andrew and John together at the Deptford Cattle Market five to seven years ago, I cannot be accurate.
Cross-examined by MR. FITCH. The market is closed after 7o'clock two days in the week—this key looks like my No. 9—I cannot open the lock with it.
EDWARD GEORGE PETTITT . I am a baker's assistant—I work for my father at 102, Edward Street, Deptford—I know Bousted, otherwise' "Snobby"—on Wednesday, March 15th, about 8 p.m, he came into the shop and went out again—he came back in about 15 minutes and took away about a dozen flour bags which he had asked for similar to these produced.
FRANK BEAVIS (Detective-Sergeant R.) I am stationed at Deptford—I know Young, Bush, and Bousted, who has pleaded guilty, but not Hooton—I was in the Clyde public-house on the early morning of March 16th, when I saw Young, Bousted and another man I do not know—Bousted followed the others in about 12.20—when Young was arrested he said he was in the Clyde and saw me there.
ARTHUR HENRY WADE (622 R) I know Bush as a carman and contractor having stables in Edward Street Arches—I know Hooton as a" carman employed by Bush, and Bebrouth as a stableman employed by Bush, and sleeping on the premises—during March I was on duty between 10 p.m. and 6 a.m. and passed Bush's stables—on March 15th I saw one van there at 10.15—I next passed at 5.20 a.m.—I saw two vans there—the first time I passed the stable door was closed—the second time it was open and Bush came out, and said, "Good morning, governor"—I said, "Good-morning"—he said, "You have had a rough night, haven't you?"—I said, "Yes, it has been a bit rough"—at that time Hooton came over the back wall of his house, which backs on to the stables—Bush said to him, "Is it you, George?"—Hooton replied, "Yes"—I had known Hooton as being about these stables for several months—I had seen him two or three times a week, perhaps more than that—I have never seen him since this morning of March 16th.
Cross-examined by MR. JENKINS.—I did not report this matters—I had not heard of the robbery.
WILLIAM BELL (City Police). I was on duty at the Deptford Cattle Market on the night of March 15-16th front 10 p.m. till 6 a.m.—at 12.30 Young spoke to me—I knew him—I gave him a ticket to a volunteer dance—he said he was going to see Mark Crouch, who is the landlord of the Peter-the-Great public-house—he went in that direction, and in the direction from Oppenheimer's warehouse—he came back about 1 a.m. from the north to the south, or from the direction of Oppenheimer's warehouse, and opposite to the direction of Peter-the-Great—he said. "Good-night," and that is all I saw of him that night—I saw Hooton, who is employed by Bush, driving between 2 and 3 a.m. in a single horse van with Bush—the van was going in empty by the rattle of it—it was a covered van, belonging to Bush—I saw Hooton drive out about 4—the van was covered up—the tail sheets were down—I know Bousted is called "Snobby," and Bebrouth is called u Kaffir"—I saw Bebrouth and Bousted come out of the arch about 4.30 a.m., I believe, but I only caught the back of them walking out—I had known both of them before—the van had come from the direction of Oppenheimer's warehouse, and towards the south—" Snobby "and "Kaffir came from the market, and down King Street—I saw their backs going out of the market.
Cross-examined by MR. FRITCH I have not been a sailor—I have been in the Army—the Morris Beef Company have two premises in the market—Young is in their employment—I believe he lives at 63, Princes Street, which is quite close to the market—Young asked me if everything was all right before he went towards the Morris Beef Company's premises.
Cross-examined by MR. JENKINS. I did not see Bush in the market.
Cross-examined by Bebrouth. I believe you and "Snobby "went out together, but I am not sure.
ALFRED SEARS . I am assistant to William Pettitt, newsagent, of 110, Edward Street, the brother of the witness George Pettitt, and who keeps a baker's shop at 102, three doors off—on Thursday, May 16th," Snobby" came out about 6.15 a.m., knocked at the window, and asked for three bells of thin twine—I supplied him with it—he asked for some packing needles which I could not supply—this twine is thicker—I do not see any like I supplied.
EMMA WHITE . I am married, and live, at 19, Childer Street, Deptford—I gave these staves up to Inspector Hailstone on March 17th—I got them on the 16th about 10.30 a.m. from that man called "Alfy "[Bebrough]—he asked me if I wanted any fire wood—I said I did not mind, and I gave him 6d.—he gave me some ever the wall in a coarse sack like one of those produced.
ARTHUR HENRY BOUSTED . (The prisoner). I am a carman—I worked for Bush at times, if there was any work for me to do, as a carman—Hooton was also employed by Bush regularly, but not Bebrouth—he slept about Bush's stables and helped the carmen with the horses—I have known Young eighteen to twenty years—I first saw these two keys on March 15th, about 11 p.m. [No. 9 and the rough key] in the Prince
Albert—'Young showed them to me—he had said to me about three weeks previously, outside the market, "I will find a key to give you to go and get my stuff out"—Hooton was there—I had had something to drink at the time, but I know Hooton said something about getting Young's goods out of the warehouse—I did not exactly know Young was not working for Oppenheimers at that time—I first learned that, two or three days before the job happened—we had two or three drinks together on that Wednesday night in the Prince Albert. Young, Bush and myself—we were talking about theatre affairs at first—then Young said, This is the key of Oppenheimer's place," and, "That one might fit as well" [No. 9 and the rough key]—he did not say what number it was—I went out and returned in about ten minutes—Young said, "Time is getting on, I must be off; it is getting on for shutting-up time"—we went across to the Lord Clyde, and called for drinks—I called for one, but they refused to serve me—they would not serve them while I was in the house—I came outside when they were served—I saw Sergeant Beavis in the Clyde with another gentleman—Young and I went towards the Cattle Market—Bush came to the top of the street with us—I followed Young to the Cattle Market gates—I went down the market—Young stood in the doorway in the policeman's lobby while I passed—William Bell, the policeman, could not see me, because Young was standing in the way—I waited in the square in the market till Young overtook me, and we both went into Oppenheimer's warehouse, with this key  which Young had given me in the public-house—Young said, "Does it fit?"—I said, "Yes, the place is open"—I had tried and opened the ware-house—Young struck a match when I was inside the door—he said, "They are my four casks of guts, them four there"—I rolled them outside—I left them outside and locked the place up—I came out of the market by myself, I did not see which way Young went—I went up the lower road, and met the van coming down—Hooton was driving—the appointment was made to meet him when I came out of the public-house after the key was given me, when Young was present—he told me about meeting Hooton with the van—Young said, "Is the van going out to-night?"—I said, "Yes, Hooton is going on to the rail"—that was that morning going up to Liverpool Street, when he got the keys off me—he said, "You had better see him before he goes, then, and tell him everything is all ready"—I went to see him; that was the ten minutes I was away, and before I went into the market with Young—I had been to Hooton and arranged with him—when this arrangement was made Bush was in the Albert, half boozed, and I was not much better for drink—all three were there—I have made two statements to the police—I was upset when I made them—one was made when I was arrested on March 17th, about 10.30 a.m.—I do not know the times I made the statements—I made one, and later the same day I made another—Bush and Young both struck matches in the warehouse when we went in to get the stuff—when I met Hooton by arrangement in the lower road his van was empty—Bush came half way with me to meet him—I met him up against Southwark Park gates—I got up in the van and drove round to the stables
with Hooton, who took his straw and empty sacks out of the van and drove down the market—I was inside the van-Bush was round the market—the van was backed to Oppenheimers door and the pulley out on the outside to roll the tubs up—Hooton, Young and I were there—the van was loaded up with the four tierces that had come from Oppenheimer's warehouse—Hooton drove away to the arches—Bush and I were inside the van—we went in the arch next the stable—it is an empty arch with no front—Hooton and I unloaded the van, and rolled the barrels into the empty arch—I went into a coffee shop, and then towards the market—when I came back about 4.30 the tierces were broken open—Hooton, Bush and "Kaffir "were there—this is one of the sacks I bought and did not pay for at Pettitt's, the baker's shop, on the Wednesday about 8 p.m. by Young's direction—the tierces were put into bags from the barrels by me and" Kaffir"—I shook the flour out of the bags, Bush and I held them out, Hooton counted them—50 bundles were counted out into each of the 14 bags, and 62 into the fifteenth bag—Hooton then said, "You ain't got any string yet"—I said, Oh I can get some string about 6 o'clock, or a little after"—Young said, Don't tie them round by the mouth like flour sacks, make two tongues, at each corner"—that was done, and the middle sewn across, so that the string should not slip off—I waited until Mr. Pettit's boy, Sears, came about 6.15 and got from him four bundles of thin string—I asked him if he had any sacking needles, and he said he did not sell them—I did not pay for the string—I took it to the stable—Hooton sewed the sacks up—Bebrouth was helping us, but he knew nothing about what he was doing it for at the same tune; I mean he knew nothing about the guts being get by thieving—the casks were unloaded and the gut put into sacks, which were sewn up and put in the van—my firm found the tierces were broken up—I saw them after they were broken up in the stable—I said to Bebrouth," You had better get rid of them; they will be fuel for some of the neighbours"—when the sacks were sewn up they were loaded into the van—Bebrouth, Bush, Hooton and I were present—overnight in the Prince Albert Young had said to Bush that the van was to go to the farthest depot we could find, "or else your van will be known, and Young told me to tell Hooton to go to the farthest depot—I think he said they were to be taken to the Great Eastern depot, but that they must not be taken to Bishopsgate depot of the Great Eastern Railway, because the van would be known there—Hooton said he knew the depot to take them to, going through the tunnel—the guts were to be sent to King's Lynn—when the guts were loaded up that morning Hooton drove the van—I did not see anybody else get up in the van—I went towards the other end of the arches—I knew the "strong" man who used to work with Young, but not his name—now I know his name is Hemeter—some time back Young said, when I asked him where the guts were to go, "Send them on to the strong man, with the patch on his eye he must have been fighting"—he was talking about having these sheep guts some time before, and he did have them—Young said he would buy me a suit of clothes, and it would be a bit of gold if I got the van
unbeknown to Bush—he said he bad some guts in Oppenheimer's ware-house that he meant to get out—so I got the van unbeknown to Bush down at the Cattle Market—the strong man had a patch, I think, on the right side of his face—he was very stout—he was a German—he was working for Oppenheimer when I saw him in the market, and was known as "The strong man "(the prisoner Hemeter's father)—Young mid he was going to send some guts down to him at Lynn—I had never seen keys hike those I saw in the Albert—Bush said of one of them, "That is a funny shaped key n—in the Albert, Young said to me of the tierces; "Break them up, burn them, get rid of them, we do not want to send them (the guts) in tubs, send them in sacks"—that was before I had bought the sacks—I never saw any labels put on—I am not a scholar; I can write my name—I do not know Bush's writing—I found eight labels in the van on the Friday morning when some children were in the van and I got into it—they were like these produced, but there was no writing on them—I had not bought them.
Cross-examined by MR. FITCH. I was first spoken to about this matter about three weeks before I went into this warehouse—I made no objection because Young said it was his own goods he Was felting out—Bush made no objection, he was boozed when he was working for Young—Hoot on, I believe, knew something about it—a lot of people were in the Albert, but only three on our side of the bar, and behind the bar a couple of young ladies—we were talking quite openly, not exactly showing the keys; they were given to me—we were in the Prince Albert about an hour, till near closing time, they close earlier than others—we were in the next public-house three or four minutes, when they closed—the Lord Clyde is 300 or 400 yards from the market—when we came out we went straight to the market, getting there about 12.30—I was not so boozed as Bush was—the van was back from the market about 2.30—Young was in the market—he did not help to load the van—I have been Bush's carman some time; and accustomed to go to Oppenheimer's premises—I know two or three people employed there by sight—I do not know when Young ceased to be foreman for Oppenheiner; as far as I could see, they all seemed to be foremen, and if you wanted any thing, to refer you to somebody else—four or five seemed to be giving orders—there was one head foreman—I gave one statement of this matter when' I was drunk, another when I was hardly sober, and another now when I believe I am quite sober—the barrow man is the man who wheels the barrow to pick up the tubs—(The witness statement "A "read): "12.45 p.m. March 17th, 1905. Arthur Henry Bousted, 13, Watergate Street, says; I am a carman. I know a man named George Young who works in Deptford Cattle Market. About three weeks ago I saw him in the market. He asked me if I could get the van, unknown to my governor, as he had got a few tierces of guts to take away. I said "Yes, I can do it.' He said, 'We can take them down to the stables early in the morning,. Lust one open, sack one up and send them on the rail. You're on a suit of clothes and a bit of gold.' Last Monday I saw Young in the Market and he said, 'We will get them away this week, I am going
to get the key off oil the barrowman.' I said, 'All right, very good then. Last Wednesday night, about 12 o'clock, Young came to me at the Albert public-house, Amersham Vale. I was standing outside and he said to me, 'Come on, I've got them; come over to the Clyde, we will have rink there.' I went there with him into the saloon bar. There was a man I don't know with Young, I called for a glass of bitter and Burton, but the barmaid would not serve me. Young, his friend and I, then left the Clyde. Young's friend went away, and Young and I went to the market, and he took me to Oppenheimer's warehouse. These two keys Young gave me when I was standing outside the Albert and when we got to Oppenheimer's he said, 'Try the little a first.' I did so, and it would not fit. I then tried the other key, and the look open. We went inside. Young struck a match and he said, 'Roll them four tierces out here.' I did so. I rolled them into the alley way outside the ware-house. Young then said, 'Lock the door.' I did so. Young said, 'Go and get the van, I'll stop here.' I had previously arranged with George Hooton, who works with me, to get my governor's horse and van. He had to go to Smithfield with some meat, and it was arranged that I should meet him on his return if wanted. I met him near Southwark Park, in Lower Road, got up in the van, told him everything was ready, and we drove to the Alley near Oppenheimer's place in the market. Hooton backed the van in, and Young and I loaded the four tierces up. Young and got into the van and Hooton drove to the Railway Arches, near my governor's place. Young and Hooton knocked the heads out of the barrels, and I assisted them to put the guts into fifteen flour bags. (Young asked me on the Monday night to get flour bags. I bought twelve at Pettitt and Sons, Edward Street, on Wednesday; the other three were in the van. The barrels were then smashed up by all there of us and given to old "Kaffir" to sell for firewood. "Kaffir "looks alter my governor's stables. It was then a quarter past 7. Mr. Young tied labels on the sacks, and these eight labels were left in the van. Young said, 'You know the strong man that used to work with me at Oppenheimer's?' I said, Yes.' He said, 'That's who they are going to at Lynn. They will fetch fifteen or sixteen pence a set, and as soon as I get the returns, you're on a suit of clothes and a bit of gold.' At the same time Young told Hooton he was on a bit of gold. I want home, but before I left, Hooton drove the van away; I don't know where Young went to. (Signed) A. H. BOUSTED"—there was a man with Young, I did not know—I was arrested about 12.30—in this statement I my nothing about Bush—the railways have a place to back vans in the market—part of my statement is not true—Young was not there—he was never in the van—I considered I ought to make a second statement after Bebrouth had made his—Hailstone came and told me Bebrouth had made a statement, and in it had said that Bush was in the stable, and not Young—this is the second statement that I made: "4.30 p.m., March 17th, 1905. Arthur Henry Bousted says: I desire to make a correction and addition to my statement. When Young met me outside the Albert public-house, Mr. Bush, my master, was in the private bar—Young went
in to him and shortly after I joined him. When we left the Albert we all three went to the Clyde public-house. After leaving the Clyde we all three went to Oppenheimer's warehouse in the Cattle Market. Mr. Bush was present when Young gave me the two keys; he heard all that Young said, saw me unlock the door of the warehouse, went inside and struck matches, so that Young and me could see to roll out the barrels. When the keys were given to me by Young, Bush looked at them and said,' They are funny shaped keys. After the tierces on barrels had been got out into the alley, Bush and me left the market by the Prince Street Gate to meet Hooton with the van near Southwark Park. We both got into the van and Hooton drove us back into the Market. We saw Young in the market; he went near his place and looked out. Bush, Hooton and me loaded the four tierces into the van. Bush and me got into the van and Hooton drove to Bush's stables. Bush and Hooton knocked the heads out of the tierces whilst I shook the flour sacks. "Kaffir" was there at the stables, and helped me to hold the sacks whilst Bush and Hooton took the guts out of the tierces and counted them into the sacks. There were fifty sets put into each of fourteen sacks and sixty-two in the other. Before we left the market Young said to Bush, 'Be sure and sew up the bags; don't tie them up, or the string will slip off, and after putting the guts into the bags, Bush sent me for some balls of string. I went to Pettitt's in Edward Street and got four balls of string off the boy, returned to Bush's stables with it, and he helped Hooton and me to sew up the fifteen bags. When I got back the barrels had been broken up. I saw the pieces (staves) in the stable. When we first took the tierces to Bush's stable they were taken off the van and put in the stable, and the guts were then put in the bags. Hooton put a fresh horse to the van whilst Bush and "Kaffir "lifted the bags on to my back to carry on the van. I then left the stables, and Bush, Hooton and "Kaffir "there, but I saw the van go away. When we were in the Albert public-house Young said to Bush, 'Be sure and take them out of the tierces and break them up, as they will be known, and don't go to Bishops-gate, as the van is well known there, go through the tunnel' and to a depot the name of which I cannot remember. I did not care to tell the truth at first, as I did not like to speak against my governor. (Signed) A. H. BOUSTED."
Third Court, May 5th, 1905.
ARTHUR HENRY BOUSTED (Cross-examination continued by MR. FITCH). My second statement was intended to be true, and the whole story as it affected me, Young, and the others—it was written down, was read over to me, and is correct—when we went to the warehouse Young and Bush were with me—Hooton, myself, and Bush assisted to load the van at the warehouse—Young was about there somewhere; he was seen just before we started loading.
Cross-examined by MR. SYMMONS. I made my first statement on the 17th, about 10.30 a.m.—I had not had much sleep—I had had plenty to drink—my next statement, which is correct, I made about 4.30 p.m.—
in the interval between the two statements I had been asleep in my cell—I had a conversation with the detective—he was very nice to me—he did not exactly coax me, but he spoke about Bebrouth, and asked me to make a further statement—I am doing myself a bit of good by telling the truth, and making proper statements—he said it might do me a bit of good—I thought it would certainly—that is why I made the second statement—Bush's stable consists of two railway arches; one leading into the other—we pass through a round arch—you can see into the other one if you shove the boards down; the hole is just the size of a doorway, and there is a rough piece of board that we take away to see into the other stable—my first story was that the van was to be got without Bush's knowledge—that has been done before—two vans have been out without his knowledge, by Hooton's orders, who has taken one out, and I have taken the other—Hooton would tell Bush in the morning, and ask him to draw a bill out, and draw the money—I think when I have been with Hooton he always reported it—before the robbery we went into the Prince Albert first, and into the Lord Clyde afterwards—we arranged about the van in the Albert—Bush often saw us at one of these houses; they were near the market—he would turn out about 5 or 6 a.m., according to what his work was—on that morning horses were in the other van ready to go out about 6, or a little after, after the robbery was over—I saw Bush take the van down the market.
Re-examined. When I left the public-house I put the keys in my pocket—I afterwards left them at home in a glass globe on the mantelpiece—after my arrest I told Hailstone where they were—I was employed by Bush to do odd work—he treated me very well—my first statement, said very little against him—when I unlocked the warehouse door Young, and Bush were with me—when we loaded the van Hooton and Bush were with me—Young had gone then.
CHARLES BEARD . I live at 6, Belgrave Place, Plaistow, and am a loader at the Great Eastern Railway Goods Department at Blackwall—about 9.30 a.m. on March 16th two men came to our depot with a van—Bush was one—he said he had brought 15 bags of offal for King's Lynn—he handed me this consignment note, Oliver to Hemeter—the consignment was already written in when he brought it—the bags were sewed up and tied at each corner with little ears, and tied through the middle—Bush put labels on which were already written—they were similar to these—I put the bags into a truck—Bush helped to load them—I remarked, "It is butcher's offal then?"—he said, "Yes."
Cross-examined by MR. JENKINS. I see a number of people during the day—these men were strangers—I could not identify Bush at first—I picked out a man I took to be the carman—the carman was not there—Bush took off his cap—then I picked him out—this happened two or three weeks afterwards on a Monday—Bush is the man—the man who was at the railway station had his cap on the back of his head.
Re-examined. I went to identify on the same day that I gave my evidence [March 30th]—I have no doubt Bush is the man I had spoken to.
at their Blackwall depot—on March 16th I was in charge of the gates—my duty is to enter the vans coming in in this book—about 8.45. or 9 a.m. a van came with the name of "A. Bush "on it—that name is in this book—there were two men with it, one was driving and one was sitting on the tail—in consequence of what was said, I entered in this book "15 bags," the name "A. Bush," and the time "8.45"—I took the name off the covering over the van—the number of bags I got from the driver.
Cross-examined by MR. JENKINS. I could not identify the men—the van did not stop till it got to my window—I my spoke to one man—I did not see the other man's face—it was a one-horsed van with a cover over it—one man was in front driving and one on the tail board.
FREDERICK GEORGE YOUNG . I am a foreman at the Great Eastern's Railway Station at King's Lynn—I know Hemeter—I recollect seeing him on March 18th, between 7.45 and 8 a.m., in the goods yard of the Great Eastern Railway there—he asked me for the goods we had for him—the railway companies send an advice note to the consignee—I gave him 15 bags and a pass note to pass out of the gate—my initials are on it, "F. G. Y."—the bags were similar to these produced—one bag was a little torn and I could see skins.
Cross-examined by MR. HUGHES. I have been fourteen years at this depot up to last January—during the last four or five months I have constantly seen Hemeter at our station—he has had consigned to him goods from Cambridgeshire, Swaffham, Ely and different places in the country, generally in casks—I could not see the contents—sometimes the contents were in bags and sometimes in casks—Hemeter was at the station when I told him goods were addressed in his father's name—I knew there was another Hemeter but I cannot say what his business was—I have known the prisoner five or six years.
HERBERT WHITMORE BARKER . I am a clerk employed by the Great Eastern Railway Company at King's Lynn—I know Hemeter—on March 18th I saw him at the railway station at 7.45 a.m.—he asked to sign for his goods—he signed this sheet for the 15 bags of offal and other goods—I made out the pass note (Produced) to pass him out of the station—that note is kept by the Company—it is put on a file on the platform.
Cross-examined by MR. HUGHES. Hemeter was brought to my office by Young—he has been fetching goods from the station in the name of John Hemeter which have come there from all parts of the country—I know that skins are delivered in bags as well as in barrels.
Re-examined. I did not know the quality of the skins, whether they were dressed skins or otherwise.
FRANK BEAVIS (Sergeant R.) On March 18th, about 7.45 a.m. I went to the Great Eastern railway station at King's Lynn—I saw fifteen sacks of guts, or skins—one sack was torn—I kept observation—about 8 a.m. Hemeter came—he loaded them on to his truck and drove away—I followed him to his dresser's factory at Gaywood, King's Lynn—when he was in the factory and about to take the skins off the van I said to him, "Where did you get these skins from?"—he said, "From the railway"—I said, "What is your name?"—he said, "Hemeter"—I said,
"Are you the governor?"—he said, "No, I manage the business for my father; he has been ill in a London hospital"—I said, "I am a police sergeant; these goods have been stolen"—I took a label from one of the sacks—I said, "Who is the sender?"—he said, "I do not know"—I said, "As you manage the business you ought to know who sent them; have you letters or invoices?"—he said, "I had a letter from Young yesterday morning; that is the only letter I had"—I went with him to Mill House, Slater's Row, King's Lynn, his private house—he handed me this note, written in German [The translation was: "March 15th, 1905. Dear Friend John,—Only a few lines, everybody well, Your friend, G. Young. Meet me. Excuse not much time to write "]—the postmark is London, S.E., and the date 12.15 a.m. March 17th, 1905—I also found at his house a letter signed G. Young, relating to another matter, in a drawer in a ches of drawers, and dated February 27th, 1905—I showed it to H meter—in answer to my question, "Could you tell me where this comes from?" he said, "That is a letter from Young"—I took it out of a drawer when looking for letters—I said, "This appears to be another letter from Young"—he said, "Yes"—I said, "You only said you had one, and I shall arrest you for receiving the property well knowing it to have been stolen"—he said, "Well, all right; you will have to take away all the property yourself. I know nothing about it"—I said, "Can you tell me where your father is?"—he said, "No, he is in some hospital; I do not know where, but I think Charing Cross"—I found on him this pocket book containing the entry, "G. Young, 63, King Street, Cattle Market, Deptford," also u Oliver, Islington Cattle Market" on another page—I have made inquiries, but find no one there of that name, or who goes to that market, except one man, who is here to-day—on the consignment note is an address in High Street, Shad well—I can find no such name as "Harris "in business at the Cattle Market, Deptford—I took possession of the bags—I marked them with a cross in red paint and sent them back to Mr. Oppenheimer—I was present when the contents were counted by Chapman.
Cross-examined by MR. JENKINS. Inspector Hailstone is conducting this case—I was present when Bousted made his statements—he was sober; he had been drinking—he knew what he was doing—the inspector went down the passage and said that Bousted had made a statement about Bush, when Bousted said, "I will tell the truth; I am not going to have it all on my own shoulders"—that was some time in the afternoon—Hailstone said that Bebrouth had made a statement, saying Bush was concerned in the case, and he wanted to know whether it was true—as far as I remember, Bousted said, "Yes, part of my statement I made this morning was lies. I want to tell the truth now. I am not going to have it all on my b—shoulders"—he was afterwards brought out of the charge room, and his second statement was taken down in writing, which he signed—the first statement was supposed to be a confession, at the time it was made—neither Hailstone nor I said that it would be better for him—I heard him say so to-day—that is a lie.
Cross-examined by MR. HUGHES. The business is carried on in the
name of John Hemeter & Company—all the documents are in the name of John Hemeter, and not in the name of Andrew Hemeter—I found that the prisoner's statement about his father being in a hospital to be correct, and that he had gone to the hospital about a week before, on the Saturday—I had been to King's Lynn several times—as the result of inquiries I find there is a genuine business being carried on by Andrew Hemeter's father, who employs four or five men—I saw nothing in the nature of concealment about it, nor any secreted goods—there are a number of names in the pocket book—they are respectable people, so far as I know—I found barrels on the premises, but no bags, only what he had on his van—I found the original labels on—I did not search the premises—the labels were not torn off—anything could be traced that was in the yard—I found that Hemeter had only been engaged with his father four or five months—I have heard that he has been discharged from the German Navy and that he bears a good character.
LOUIS OPPENHEIMER (Re-examined). I have seen Bush write occasionally—I should think the writing on this label, "Mr. James Hemeter, King's Lynn, Norfolk," is his writing, to the beat of my knowledge—I think there is very great similarity between the writing on this consignment note and on the label—I think that is also in Bush's writing—I have been in my business twenty-eight years—in the raw state we occasionally send skins in bags, and as the railway company refuse to take them as raw guts in bags we consign them as offal, when the railway company take them, as they do not know any better—when the skins are dressed they are packed in barrels to keep their colour and their quality—water and salt is what we use as a kind of pickle—their quality would be damaged if sent in bags—these stolen skins were in fact dressed skins.
Cross-examined by MR. HUGHES. Nobody knows how long skins are going to be kept—the custom is to store them in casks—Young was formerly my foreman at the Deptford works, and was a responsible person—I have heard he has since been in a small business for himself—I know nothing about Andrew Hemeter.
THOMAS KING (Detective-Sergeant B.) I am acquainted with the German language—I translated the two letters produced, the translations produced are quite correct—these discharges of Hemeter's from the German naval service certify that his conduct was good—he served from January 9th, 1900, to August 14th, 1902—that is marked very good—when he was dismissed in November, 1903, his conduct was good—then there is one from February 15th, 1899, to March 16th, 1899, but that says nothing about his character; it simply states the time he served—of the two discharges here one is marked "Good" and one "Very good"—the letter of March 16th, 1905, translated, is, "Dear friend John, Only a few lines, everybody well, Your friend, G. Young," in ink, then in pencil," Meet me. Excuse not much time to write."
11 a.m. on March 17th I saw Bousted at Deptford police station—I was with Beavis, who said to him, "This is Inspector Hailstone"—Bousted said, "You will find the keys in a glass on the mantelpiece in my bedroom at 13, Watergate Street"—I went and found them as he had stated—one is marked "No. 9," the other is a rough key and without any number—I saw Young on that day shortly afterwards at the Deptford Cattle Market—I said to him, "George Oppenheimer's warehouse was entered on Wednesday night and four tierces of gut, value £60, stolen; the man Bousted is in custody—he states you gave him the key to open the place, and was present, and assisted him and Hooton to steal the property"—he said, "I have not seen Hooton for three weeks and I know nothing about it"—I took him to Deptford police station, where I confronted him with Bousted, who made this first statement which I wrote in their presence—I said to Bousted, "You can please yourself whether you repeat what you have already said once; it may be used against you"—Young said to Bousted, "You have?"—when the statement was written down (I have put the time at the top, 12.45 p.m.) Young replied, "It's all lies what he has said. I have not seen Hooton for the last three weeks. On Wednesday night I came down from New Cross Station, went into the Clyde, asked for a drink, and a little after, Bush, this man's guv'nor came in, we had drinks together. A few minutes after this man, meaning Bousted, came in. He had a drink. I then said to him,' I'm going home now.' Mr. Bush, this man and me then went to the Albert, and Bush and me had a drink, and when I left I went straight to the market entrance in Prince Street and spoke to a policeman, Mr. Bell. I asked him if everything was all right. He said, 'Yes,' and gave me this card for a dance on Friday night. I then went home. I left home at half-past seven on Thursday morning and met White, the watchman, outside the Market. We went to the White Swan in High Street, Deptford, and had a drink afterwards. I went home to breakfast"—I took it down and Young signed it—I saw Bebrouth that day at Bush's stables, about 4 p.m., I said, "l am a police officer. I understand you had given you some barrels yesterday morning by a man named Bousted. I want them"—he said, "I had some pieces, and I sold some of them to Mrs. White, of Childers Street"—I went to Childers Street with other officers, and in the back yard staves similar to the ones produced were taken possession of—Bebrouth was taken to Deptford police station and detained—I told him the charge was stealing—just before he went to the station with Beavis he said, "Bush is in it," and that he meant to tell the truth—knowing Bush as I did, I could hardly believe what he said was correct, so that before we moved further I decided to see Bousted again, and I told him that Bebrouth had told us that Bush was concerned in it, and he said, "Well, I am not b—well going to take it all on my shoulders, I am only the mug, and I am going to tell you all about it, to tell the truth "—before we went, any further we took a second statement from Bousted—on that I arrested Bush at 7.30 p.m. in Edward Street. Deptford—I said to him, "I have to tell you that four tierces of gut were stolen from Oppenheimer's warehouse yesterday morning. You are implicated, and
must go with me to Deptford police station"—he said, "I saw Oppenheimer's foreman this morning in the warehouse, and he asked me if I could see a difference. I looked at a tierce and found it was empty"—I took Bush to Deptford police station—I read Bousted's statement to him about 9.15 p.m.—he made no reply—I read Bousted's second statement to all of them just before they were being charged—Young made no reply—I read Bebrouth's statement to Bush at 9.15 in Bebrouth and Bousted's presence—[Read]: "7.45 p.m., March 17th, 1905, Alfred Bebrouth says:—I am a labourer, no home, but for past 12 months have slept in stables occupied by Mr. Bush, carman and contractor, at the Railway Arches, Edward Street, Deptford. I know Bousted and Hooton, who work for Mr. Bush. I slept in a loft over Bush's stables last Wednesday night. The next morning, just as it was getting light, Bousted called me to open the stable door. I did so. I then saw the guv'nor's horse and van; it was the black horse. Mr. Bush. Hooton, and Bousted were there. I saw some barrels of guts on the ground outside the stable door. I also saw the barrels in the stable. I saw Mr. Bush and Hooton knock the heads out of the barrels. I assisted Bousted to hold some flour bags whilst Mr. Bush and Hooton took the guts out of the barrels and put them into the bags. I also assisted Mr. Bush to lift the bags of guts on to Bousted's back for him to carry them on to the van. Hooton put the other black horse to the van. Mr. Bush and Hooton went away with the van. Bousted also went away. The barrels were broken up. Bousted gave the pieces to me and I sold the wood, some of it to Mrs. White, 19, Childers Street. (Signed) Alfred (his mark X) Bebrouth"—Bebrouth was brought to the station about 4.15 p.m.—Bousted was then under arrest—they were put into cells on different floors—I got this lock on March 18th from the witness Chapman—the two keys found in Bebrouth's house both lock and unlock the lock—Mr. Oppenheimer produced another numbered key which would not open the lock.
Cross-examined by MR. FITCH. I arrested Young about noon on March 17th—he has been a good many years about the market; I know him well—I have heard that he has a business at Walthamstow—he holds a responsible position in the Morris Beef Company, who have warehouses for a similar business to Oppenheimer's in the market—I believe Young bore a good character—Mr. Oppenheimer had previously complained of things going from his warehouse.
Cross-examined by MR. JENKINS. Bebrouth made a verbal statement about 7.45—we had no time to take it down—I have known Bus! for some time—he bore an excellent character—I have seen him nearly every day.
GEORGE CHAPMAN . (Re-examined). I am Oppenheimer's foreman—on February 26th I shut up the work-hop about 4.30 p.m., closing the doors and looking them with a padlock—the next morning I came at 8, the door was still fastened with the padlock—when I went in the warehouse I missed 40 bundles of wide large sheep skins, or what we call sausage casings—they are prepared guts, and their value is about 2s. 6d. a bundle, or a total of about £5—I had left them the night before in the draining bin—I reported the loss to Mr. Oppenheimer.
PATRICK CARRON . I live at 124, Tanner's Hill, Deptford, and am a carman employed by Messrs. Carter Paterson at their High Street, Deptford, branch—about 5 p.m. on February 28th a man about 5 feet 7 or 8 inches, squarely built, and a brown moustache, came and spoke to me, in consequence of which I gave instructions to Staines, who subsequently returned to the depot with a cask—this (Produced) is the order that was given to me to collect—the cask was similar to the one produced—the name in the order is "Mr. Young, Cattle Market," and the order is to collect two casks—Staines brought one cask, similar to this produced, and I sent it on to Mr. Hemeter, of Bang's Lynn—I produce the delivery sheet, which was given to the Great Northern Railway Company for the goods to be delivered to Hemeter, King's Lynn—the name on the receipt is "J. Harris, Cattle Market"—" Morris "might have been the name given to me.
Cross-examined by MR. FITCH. I might have made a mistake—I have heard of the Morris Beef Company.
EDWARD STAINES . I live at 49, Idonia Street, Deptford, and am carman to Messrs. Carter Paterson at their High Street, Deptford, depot—on February 28th I received an order from Carron to collect from Young at the Cattle Market, in consequence of which I went to the Morris Beef Company's premises in the Cattle Market, where I saw Young—he said, "I have got a cask to go away; I will go and write the label out"—he brought this label and tacked it on—the address on it is, "John Hemeter, Sausage Manufacturer, King's Lynn"—I put "Carriage forward "on the collection sheet, and the charge to pay "10d."—as I called it off there may have been a mistake and the clerk may have put "Harris" for "Morris"—the cask was similar to this produced—I took it to the depot in the High Street about 10 p.m. the same night, and left it there to be forwarded.
Cross-examined by MR. FITCH. I have worked for the firm twenty years, first as a van boy—skins in their first state are sent in bags; you can smell them—this tub is marked "Margarine."
FRANK BEAVIS (Re-examined). On March 27th I saw Hemeter at his factory at Gay wood, King's Lynn—he was out on bail—I told him I was making inquiries about a tub of guts supposed to have been stolen from Oppenheimer's, in the Cattle Market, Deptford, on February 26th, and were supposed to have been sent to him at King's Lynn from Young on March 2nd, to reach him on that day—he said, "I did have a tub of guts that day; there were thirty-nine bundles in the tub. I think I have got it here somewhere, but I do not know whether they came from Mr. Young or not"—I said, "Have you got them now?"—he said, "No, I think I consigned them to Scotland"—I said, "Well, they are stolen"—he said, "Well, I know nothing about that"—from information I went to Mr. Collinson, a butcher, of 57, Norfolk Street, King's Lynn, who handed me the tub produced which had this label on it [Addressed to Mr. Hemeter, King's Lynn].
Cross-examined by MR. HUGHES. The information about the tub was
given to me in Hemeter's presence—Hemeter took me to the man who gave it.
FREDERICK WILLIAM BAILEY . I live at 29, Wood Street, King's Lynn, and am a clerk to the Great Northern Railway Company there—I know Hemeter by sight—he came to me on March 2nd and said he came for Hemeter's goods—I looked at this delivery book (Produced) and found" One tub Mgne."—he said, "Margarine," and signed the book, and I gave him the pass to go out with—the book only gives the station.
Cross-examined by MR. HUGHES. The book was written up before Hemeter came to ask for his father's goods.
HORACE FIELDY . I live at 1, Laburnum Terrace, King's Lynn, and am a checker in the service of the Great Northern Railway—I know Andrew Hemeter by sight—on March 2nd he gave me this pass note, and I gave him a tub similar to this produced—he put it in his van and took it away.
WILLIAM SOPPETT . I live at the Norfolk Arms, King's Lynn, and am a skin cleaner—in March I was employed by John Hemeter—I saw a tub about the place something like this—I took out of it thirty-nine bundles of sheep skins—afterwards Mr. Collinson asked me for a tub and I handed it to him empty.
Cross-examined by MR. HUGHES. I had put it in the back yard with the empties—the label had not been taken off.
Re-examined. It is not usual to send dressed guts in bags, but as a rule in barrels.
Young, in his defence on oath, said that he had supplied a Mr. Engzelius with fifty bundles of wide large sheep skins and sent them to his place in the Minories; that he (Young) produced the invoice received from the Morris Beef Company, to whom he gave the order; that they were returned, but after an explanation some were accepted, and the rest were disposed of to John Hemeter; that he never was in possession of any keys of Oppenheimer's warehouse; that he never went to the market at all on the night in question, and knew nothing about it.
Witness for Young.
PATRICK SPILLAINE . I am a sausage skin dresser—I was employed by the Morris Beef Company when Young was there—I remember a quantity of sheep's gut lying at Messrs. Edwards' premises—they are sausage skin dressers next door to the Morris Beef Company—I measured them—the twenty-five original bundles only made twenty-three bundles when measured at 100 yards each—that was the day before they were sent off—they were measured and salted, and I packed them into a keg and left them with the Morris Beef Company, where I measured them—Young asked me if we would do him a favour as I had nothing to do just then, and he would pay me 2s.—about fourteen more bundles were added to make up a good consignment of about forty bundles.
Cross-examined. I am paid by the hour when there is work to do; I have been out of employment since last Saturday week—I knew Young bought some skins from Edwards for the Morris Beef Company, and had
to take them himself—I had seen the top of the keg, but not the skins till I was going to measure them—the keg was about the height of this one—I took the keg out myself—I saw the skins put into the keg about 9.30 in the morning when I was outside the Beef Company's office—I have seen Young's van from Walthamstow standing outside Morris's, and Young packing some tubs—it was in February; I cannot say the date—it was on a Tuesday—they were sent away the same evening after they were counted—I had seen this keg some time before Christmas—Young has nothing to do with Edwards that I know of—he simply bought the skins, and did not want them lying about Morris's place, so he put them in there.
FREDERICK ORR . I am foreman to Edwards & Co., skin dressers, of Cow Cross Street, and the Cattle Market, Deptford—in October Young purchased from my employers fifty bundles of sheep's guts on behalf of the Morris Beef Company—I received instructions from our firm to hand them over to Young for the Morris Beef Company—the goods were sent away and subsequently returned—as Young was manager I handed them over to him next door from our firm—he took them out of our place—our cart fetched them out—I handed them to Young in our premises—he took them to the Morris Beef Company—he rolled them in the tub—they came back into our premises some time later, I cannot say when, for certain—Young brought them—he said that the man who bought the goods had returned them, so he had to take them himself till he could find a customer—this conversation was in October or November last year—after that the goods were on our premises till about February this year—I do not think they were all returned—in February Young came and said he wanted to take them out and have them re-measured and made up into fresh bundles because our bundles are made up differently to other firms—they were all taken away at that time—Young rolled them away in the tub to the premises of the Morris Beef Company—he said there were twenty-five bundles, but I did not look in the keg—the top was on—this keg is a similar one—Young wanted the cask and I handed it to him.
Cross-examined. Young said he wanted a larger keg and to have the skins measured at Morris's—I should not have taken so much notice only the things were bought from our firm—in London we contract for sheep or pig guts, which Young collects—I did not see the cask open—it looked as if it had been opened.
FREDERICK PFINGSTER . I am a sausage manufacturer, of Newington Green Road, Islington—about four weeks before last Christmas I ordered fifty bundles of sheep skins from Young as the manager of the Morris Beef Company, for Mr. Engzelius, who lives in the Minories, but I manage for him at Islington—when the goods arrived at the Minories Engzelius's father, who was there, did not know about them, and sent them back again—when I saw Young about a day later he told me about it, and I told him to ask Engzelius how much he would want, and he took twentyfive bundles—I ordered twenty-five bundles for my shop in the Newington Green Road out of the fifty that had been sent to the Minories and returned, so that twenty-five bundles remained with Young.
Cross-examined. They were in one barrel like this one in Court.
Bush, in his defence on oath, said that he never went into the market on the night in question, nor helped with the stuff, nor saw the skins, nor took any part in the matter; that if his van was taken out by his carman as was sometimes done, without his knowing it, he expected to be paid for the hire of the van, but as his carman had told him he was going to do a ten shilling job, he made out the consignment papers for him beforehand, and that he knew nothing of the robbery. He received a good character.
Hemeter, in his defence on oath, said that he had been sixteen months in this country, and had looked after his father's business while he was in the hospital, but that he had nothing to do with the business, and only did what his father told him to do. He received a good character.
LOUIS OPPENHEIMER (Re-examined). When Young left my service he did not give me the keys back, but I took them back when the man was not at the works, and in a state of intoxication, but to the best of my knowledge I never got No. 9 back.
HEMETER NOT GUILTY . YOUNG, BEBROUTH and BUSH GUILTY . YOUNG— Fifteen months hard labour. BEBROUTH, who was recommended to mercy by the Jury—Discharged on recognisances. BUSH— Eight months' hard labour. BOUSTED— Six months hard labour.
422. ANDREW HEMETER was again indicted for conspiring with other persons to break and enter the warehouse of S. Oppenheimer & Co., and for stealing forty bundles of sheep guts, the property of S. Oppenheimer & Co.
MR. MUIR. for the Prosecution offered no evidence.
NOT GUILTY .
Before Lumley Smith, Esq., K.C.
Fourth Court, May 5th, 1905.
423. WILLIAM JOHNSON (27), CHARLES FARR (21), and THOMAS BACON (25) , Feloniously breaking and entering the dwelling house of George Charles Frith and stealing therein one pair of trousers and other articles and 12s., his goods and moneys.
MR. BOHN Prosecuted; MR. PURCELL Defended.
GEORGE CHARLES FRITH . I keep the Kent Arms, 206, Albert Road, North Woolwich, and live on the premises—on the night of April 19th I left the place securely fastened up at 11.45—I was awakened about 2.15 by hearing my bedroom door being closed—I called out, but got no reply—I next heard another door being opened and went out, when a voice called out that there was someone in the house—I went back to my bedroom and found my trousers gone—I went downstairs and found the bar parlour window wide open—I went to the front door to look for the police—Sergeant Brown came along and I informed him—while standing at the door with him, the three prisoners came along, when Brown rushed out and stopped them—I recognised Farr and Johnson as having been in my place the previous evening—I missed about 6s. in
coppers off the till; in the trousers were £6 in gold, £1 15s. in silver in a paper bag and about 6s. loose silver and bronze—in the bar parlour I found, a pair of boots and an overcoat—they were not mine—this matchbox is mine—I had left it in the top drawer of the chiffonnier in the bar parlour.
Cross-examined. I first saw Farr and Johnson the night previous, about 8 o'clock—I next saw them about 9.30—I do not think I saw them after that—I did not say before the Magistrate that I saw the three prisoners in the bar; two is what I said—I did not hear the Clerk read over my deposition to me—I may have signed it—I believe I said at the Police Court that I saw them from 8.30 to 9.30—there may have been 200 people in the bar during the evening—the prisoners went by while the sergeant and I were at the door, but he went out into the road and faced them—he had not his truncheon drawn, to my knowledge—three or four minutes afterwards other officers came up—two of the prisoners were taken to the station—at 5 o'clock the police came to my premises again and a further search was made—at 6.10 I went to the police station—half an hour afterwards I was shown a number of men together.
Re-examined. I am quite certain I saw Johnson and Farr the previous evening between 8 and 10.
JOHN BROWN (438 K.) About 2 45 a.m. on April 20th I was on duty in Albert Road, North Woolwich—I was called by Mr. Frith—I went to his door and spoke to him—as I was doing so three men came along the road—I went up to them and asked them where they had been—they said they had been to Beckton to look for work—I told them I should search them—I did so—Farr had in his trousers pocket a quantity of money—I told Lamer, who had come up, to arrest Johnson—I took Farr—Bacon ran away—he was subsequently taken at his house in Canning Town—at the station I searched Johnson and found in his left hand jacket pocket this matchbox—I also found on him a pair of sleeve links and 6d.—Farr had got amongst other property 24s.—I asked them where they had been—Farr said, "We have been to Beckton to look for a job"—it would not be possible to find work there at that time of the morning.
Cross-examined. When I went to the door of Mr. Frith's place, I remained there—I should have been easily seen—there was one small gaslight alight inside—I was there not more than two minutes when the men came up—they came along on the same side of the road as the public-house, passing the door at which I stood—I might have asked them what they were doing out at that time in the morning—if I did, it has gone from my memory—Farr said, "We have been to Beckton to look for a job"—I asked them where they lived—Farr said, "Canning Town"—I then rubbed them down and said, "They have got nothing"—that was referring to Bacon and Johnson.
Re-examined. A pair of braces was found on Johnson in his pocket—they were not the prosecutor's.
CHARLES LARNER (475 K.) About 2.50 a.m. on April 20th I was called to Albert Road, North Woolwich, where I saw Brown and the three prisoners—I arrested Johnson—they were charged at the station—Johnson made no reply.
Cross-examined. When I got him to the station I was sent out to look for Bacon—Johnson was put into a cell—he was charged between 6 and 7 o'clock with burglary—the prosecutor was not there then.
CHARLES HUTTON (Detective-Sergeant K.) I saw Bacon on April 20th, about 1 p.m., at 47, Mary Street, Canning Town—I said to him, "Is your name Thomas Bacon?"—he said, "Yes"—I said, "I shall take you into custody for being concerned with Charles Farr and William Johnson in committing a burglary at the Kent Arms, Woolwich"—he said, "I don't know anything of any burglary; we went to the pierhead"—I took him to the station—when charged, he said, "I know nothing of any burglary, Sergeant"—the "pier-head "means the Royal Albert Dock pier-head—there is no place where you can get work at Beckton after 10 at night—Beckton and Canning Town are within easy access of each other, about 2 1/2 miles apart—they run trains between up to a late hour.
ROBERT LARGE (15 K.) On April 20th, about 2.50 a.m., I was called to Albert Road, North Woolwich, where I found Brown, Larner and the three prisoners—when I arrived Bacon ran away—Brown and Larner took the other two into custody—I followed Bacon—he got away—at the station the prisoners were searched—on Johnson was found two sleeve links, 6d., a matchbox, a pair of braces and a handkerchief—the prisoners were examined for marks of identification—there was a scratch on Farr's left knee, and I said, "You have a scratch there"—he said, "That was not done climbing over that wall; it was done before "—I had not said anything about a wall or climbing—I examined the wall at the prosecutor's—there were shoe marks on it of a person who had recently gone along it and broken a piece off—beside the wall I found a pair of trousers, a pair of braces and a handkerchief—they were identified by the prosecutor—there is nothing to show how they got there.
Cross-examined. When I got back to the station I reported to the acting sergeant on duty what I had found on the premises.
Johnson, in his defence on oath, said that on the night in question he left his young woman's house about 9 o'clock, and went to the Beckton Arms, where he met a friend and sold him some benefit tickets; that he then went to his mother's; that from there he went to a public-house in Burnham Street, where he met Farr; that while there a Mr. Turpin came in about 9.35 or 9.40 p.m.; that it was about three miles from where he was arrested; that he met some friends outside the public-house and returned to the public-house, staying there till about 12 o'clock; that from there he went to the Beckton Gasworks for work; that on the way home he was arrested; and that the coat and boots found did not belong to him.
Evidence for Johnson.
on Wednesday, April 19th, I was with Johnson about 9.30 at the corner of Burnham Street, and remained in his company till 11 o'clock—Farr and Johnson joined us about 9.45 in the Gin Palace, Burnham Street—I left at 11 o'clock—during that time it would have been impossible for the prisoners to have been at a public-house in Woolwich.
Cross-examined. I know the date, because a friend of mine has to go to an executive meeting at King's Cross, and I made an appointment to meet him at Burnham Street by the 9.30 train from Liverpool Street—I know the locality well—trains run to Woolwich up to about midnight.
RAYMOND WORLAND . I live at Tidal Basin, and am potman at the Barking Road Distillery—I met Johnson on April 19th, about 9.45, at the distillery, which is known as the Gin Palace—he had three or four others with him—I was working there running round for glasses—I saw Johnson again about 10.35.
Cross-examined. I saw him at 9.45 and again at 10.35—each time it was a passing glance as I was picking up the glasses—I cannot say that I saw him at other times between 9 and 11.
Re-examined. He was in the house between 9 and 10.55—I saw him in the house from 9.45 till a little before 11.
JOHN HALL . I am a hairdresser, and live at 4, Vernon Street, Canning Town—I gave evidence at the Police Court—my place is next door to the Gin Palace—I saw Johnson at the Gin Palace on Wednesday evening, April 19th—I shut my shop at 10 and went straight into the Palace and stayed there until 3 minutes to 11—he was there all the time.
BEATRICE JAMES . I live at 106, Clifton Road—I remember the morning Johnson was arrested—I saw him the previous evening—he left my house for the first time at 8.40 with Bacon—I next saw him in the Gin Palace, Canning Town, at 9.55—he was then with Bacon, Farr, and some other men—I only looked in there.
Cross-examined. I am married to a sailor—I was not then living with Johnson—he occasionally sleeps at my house if he is too late to go home.
By the COURT. The three prisoners came back to my house about 11.20 or 11.25 and left about 11.55—I did not say that before, because I was not asked.
WILLIAM TURPIN . I live at 7, Albany Road, Tidal Basin, and am a coal porter—I saw Johnson on the evening before he was arrested at the corner of Burnham Street—we went into the Gin Palace about 9,30—I remained with him till 10.50—I have seen one of the other prisoners before, but the other one is a total stranger to me.
Cross-examined. I did not see Johnson after 11—I went home.
Farr, in his defence on oath, said that he was not in the Kent Arm at all on the evening in question; that the prosecutor had made a mistake; that he (the prisoner) never had a hand in breaking into the premises; that the account Johnson had given of their movements was correct; that the coat and boots found did not belong to him.
Bacon, in his defence on oath, said that Johnson's account of their movements after he (the prisoner) met him at 9.50 on the evening in question.
was correct; that he was not at the prosecutor's public-house at any of the times he mentioned; that he (the prisoner) did not know anything about the burglary; that the reason he ran away was that the policeman came up with a truncheon in his hands, frightening him; and that the coat and boots found did not belong to him.
NOT GUILTY .
Before J. A. Rentoul, Esq., K.C.
Third Court, May 8th, 1905.
Before Mr. Recorder.
Old Court, May 2nd; and New Court, May 6th, 1905;
MR. LEYCESTER, for the Prosecution, offered no evidence.
NOT GUILTY .
(427.) LOUIS FREDERICK TILL , to maliciously publishing a false and defamatory libel of and concerning Thomas Ernest Dunnett . The prisoner expressed contrition and withdrew all the charges he had made. Discharged on his own recognisances. — [Pleaded guilty: See original trial image.] And
(428.) EDWARD GEORGE PRINCE , to stealing three envelopes and three valuable securities, the property of the Metropolitan Water Board; also to forging and uttering an endorsement to an order for £1 0s. 9d., with intent to defraud. He received a good character. One month in the Second Division. (See next case.) [Pleaded guilty: See original trial image.]
No evidence, was offered by the Prosecution,
NOT GUILTY .
Old Court, May 8th, 1905.
MR. A. HUTTON Prosecuted.
MR. LEYCESTER Prosecuted.
ELIZABETH THOMAS . I am a widow, and keep the Hever Castle in Camberwell—a slate club called the Hever Castle Slate Club meets there every week—I acted as treasurer to the club—the money which the members subscribed was kept by me—the prisoner, as secretary, received it from me and paid it into the bank—the current expenses were paid by me from what I had in hand—it was the prisoner's practice to come to me for the money he wanted for sick pay—he gave me a receipt for what he had—this is a receipt (Produced), dated March 26th, 1904—on that day he drew from me 16s. 8d. for sick pay for two members named Teals and Weeden—I think there was 6s. 8d. for Teale and 10s. for Weeden, but I am not quite sure—this (Produced) is a receipt signed by the prisoner, dated April 2nd—it is 10s. for Teale—this one (Produced), dated April 9th, is 10s. for Teale also—it was no part of my duty to examine the prisoner's sick visiting book—from November 25th to December 17th the prisoner started drawing sick pay for Teale at 10s. a week and I took his receipt—there was another member named Babbage and the prisoner drew sick pay for him during September, October, November and December from 5s. to 10s. a week—I do not know the total amount that he had for Babbaga.
Cross-examined by the prisoner. I have been connected with the club ever since you were secretary and steward—up to the present time I have not known you do anything wrong—in 1903 you gave me two I.O.U.'s for 10s—they were redeemed before the end of the year—you received money from me with an I.O.U. which I thought was a receipt—you promised to give me a sick receipt as you did not have your receipt book with you—you did not give me a receipt for the amount and I acquainted the secretary as you were only assistant secretary then—the secretary said it was wrong and I was to pay back the money, as it was nothing to do with the club—you gave me to understand that the I.O.U.'s were for sick pay—you did not tell me they were for yourself—you kept a cash book of money received from the members every Saturday evening, for which I signed—I signed for all moneys I received—in that book you kept your private property—I have known Mr. Driscoll for some years—I do not know if he is a betting agent—I know him as a builder and decorator—he has done work for me—he is one of the trustees of the club—I have never shown any grudge against you—I have always treated you as I should any other customer—Mr. Driscoll is very often at my house.
JOHN MICHAEL DRISCOLL . I am a builder and decorator and a betting agent—in 1904 I was one of the trustees of the Hever Castle Slate Club, and the prisoner was secretary—he got 6d. from each member every quarter for the work—it was his duty to collect the money from the members and to pay it to the treasurer—if a member was ill and wanted sick pay he would send a notice in writing to the prisoner, whose duty it was to see the member and to satisfy himself he was really ill—he would then go to the treasurer, get the money from her, give her a receipt, and pay the
money to the member—his duty was to enter money in this book (Produced) and to get the member's receipt in it—that is the only voucher we should have to show that the member had received it—every member subscribes 7d. per week—if he was ill he can have £6 in all in one year and not more—at the end of the financial year we divided what was left as soon as the accounts could be made out—if there were very few cases of illness we should get most of our money back again.
Cross-examined. I live with a Mr. Rufus—at the beginning of 1904 you, Rufus and another gentleman were proposed as secretary and you were elected—Rufus was a member of the club—we summoned you at Lambeth Police Court, as we could not get access to this cash book—I do not know if it was on January 26th—the Magistrate said we could not have the book as it was your property—we could not arrive at a satisfactory audit without it—I did not know the amount in the club; I only knew what I banked—my duty was to see that the money was paid into the Post Office Savings Bank, and that I did—it was paid in in my name—I did not know what money the treasurer had in her possession—if we had had the book we could have found out—in 1904 I took an active interest in the club—the books were not open to my inspection because they were not always there—we never saw the treasurer's book—I was at the club every Saturday night, but I never saw the cash book—I may have seen it at times; no doubt I did—the books were always open for inspection—there was nothing behind the scenes.
Re-examined. This book is the one in which the treasurer signs for sums paid to her by the prisoner—after settling day, on December 18th, the prisoner would not produce the book—we wrote to him and the auditors made out a sort of balance-sheet, but I advised them not to sign it—the prisoner refused to come down—he said the book was his, and we had no right to call upon him to produce his private property, and that view the Magistrate agreed with—I did not see the book until it was in the Magistrate's hands.
By the prisoner. We had an audit, but I only walked in and out of the room.
CHARLES TEALE . I am a baker, and, up till Saturday last, of 182, Grosvenor Road, Camberwell—I was a member of the Hever Castle Slate Club—I knew the prisoner as secretary—during 1904 I was not ill at all and never applied for or got any sick pay—there is no other man named Teale in the club that I am aware of—this signature in this book on March 26th is not mine.
SAMUEL JAMES BABBAGE . I am a baker at Camberwell and was a member of the Hever Castle Slate Club—I knew the prisoner as secretary—during last year I was not in bad health at all and did not ask for or draw any sick pay.
Cross-examined. There was a ledger in which you kept all the amounts received from the members—we had an audit—this cash book was in
evidence at the time—me and you went through it—I suppose the amounts received every Saturday night were paid by you to Mrs. Thomas, for which you have her signature in this book.
By the COURT. I examined the book in which Babbage's and Teale's signatures appear as having been on the sick list and receiving pay during certain months—in making out what the condition of the cash was as between the prisoner and the society he would have credit for the sum supposed to have been paid to those persons.
Re-examined. I made a copy of the entries in the book at the time—since the book was produced at the Police Court I have compared it with the copy I made on December 18th and find that the cash book has been altered in many places—it now appears that he paid more over to Mrs. Thomas than appeared when I first saw the book—on January 16th there is, "Received £2 1s. 10d."—it now appears u £2 11s. 10d.—"I am sure it was £2 1s. 10d.—on April 16th my note is," £2 1s. 6d."—in the book it is now"£2 11s. 6d."—March 19th I have "19s. 4d."—here it is "£2 19s. 4d,"—June 11th I have"£4 1s. 2d."—here it is"£4 11s. 2d."—May 28th I have"£2 2s. 3d."—here it is"£2 12s. 3d."
By the prisoner. You sent a copy of the book, but it was not like the book at all.
By the COURT. He sent me this list as being a correct copy of his book, which it is not—he produced the cash book at the audit, but would not do so afterwards—the copy does not agree with what the book was on Dec ember 18th, and does not agree with it now.
ERNEST HAIGH (Detective P.) On March 28th I arrested the prisoner on a warrant, which I read to him, for obtaining money by false pretences from John Michael Driscoll and others—he said, "That is it"—I found a book of counterfoils in a tin box in the front room of his house—he afterwards handed me this cash book and said, "Please see that nobody tampers with the figures in that book"—it has been in my custody and the custody of the Court ever since—there have been no alterations made in it.
Cross-examined. You have resided in Blackball Road for nine years—you are spoken well of by persons you have referred me to.
By the COURT. He is a compositor—he referred me to five persons and only in one instance was anything said detrimental to him, and that was in connection with the slate club.
The prisoner, in his defence on oath, said that he had not produced the cash book as it was his property; that as the treasurer had a treasurer's book, the club ought to know what money they had; that he denied in toto the charge of forging; that he regretted that he did draw the money very foolishly, and had represented that Teale had received money for sick pay which he had not received; but that he (the prisoner) denied the signatures, and did not know how they got into the sick book; that they were not there when the auditor's went through the book; that he had drawn about £8 11s. 4d. but said that he had more than returned it in the cash book; that it was possible for any man who was secretary and sick steward to be mixed in his accounts; that there were signatures in the book for money which was
not received by the members, but by their daughters or wives: and that he had no intention of defrauding, and intended to repay the money.
GUILTY . It was stated that the prisoner's defalcations amounted to about £31. Two months in the Second Division.
Before Lumley Smith, Esq., K.C.
Fourth Court, May 4th and 5th, 1905.
MR. LILLEY Prosecuted.
BERNARD ERIENWALD . I work in Leather Lane, and live at 10, Darwin Street, S.E.—on Saturday, April 15th, I was in Blackfriars Road between 12 and 1 a.m. when the prisoner struck me in my face and took my watch and chain—I called out "Police"—a policeman came up and ran after him—he caught the prisoner and took him to the police station, where he was found to have my watch and chain in his pocket.
Cross-examined by the prisoner. I had had too much to drink—I identify you as the man who struck me and robbed me.
ERNEST COLE (280 M.) On Saturday, April 15th, at 12.45 a.m. I was on duty in Blackfriars Road—I saw the prisoner at the corner of Great Charles Street, Blackfriars, and noticed that he began to pull the prosecutor about—I watched him and saw his hand under the prosecutor's coat—immediately there was a cry of "Stop thief"—the prisoner made off, and I gave chase and caught him—the prosecutor came up and said, "This man has stolen my watch and chain"—on being about to be searched he drew from his left-hand pocket a watch and chain, saying, "This is his property."
Cross-examined. I saw no blow struck—I saw you hustle the man—I stopped you, not another constable—I was 20 to 30 yards away from you at first, and was well able to see what you were doing.
The prisoner, in his defence, stated that the prosecutor was drunk and incapable, and could not know what had happened.
GUILTY of robbery. He then PLEADED GUILTY to a conviction of felony at the Guildhall on April 9th, 1904. Nine months' hard labour.
MR. WHITELEY prosecuted; MR. WATT Defended.
CHARLES WELDEN . I live in Castlenau, Barnes—on March 30th, about 1 o'clock or a little before, I heard the noise of a window going up—I listened and heard a door go bang against the scullery wall—I got up and
Went to the scullery—there is a blind there which was pulled down—I could not see the man's face, but I saw his leg and left foot go through the window—I also noticed his trousers—they were greyish ones—I noticed his boot had no nails in it—I went through the kitchen, unlocked the kitchen door, and ran down the garden to see if I could see anyone—I gave information to the police and a policeman examined the premises—the window fastening was broken, the lock of the scullery door broken—there was nothing missing—the house had been securely shut up.
Cross-examined. All I saw was a leg and a boot disappearing through the window—I had a candle in my hand—the gas was not alight—I do not say the trousers I saw are uncommon—I was wearing a pair almost of the same colour—I say the man who went through my window had similar trousers and boots to the prisoner—the lock of the door had been taken off with a tin opener and a knife which belonged to me—I do not think the burglar had used any instrument of his own if he had brought one—I did not give that consideration at the time—no instrument has been found.
Re-examined. The knife and tin opener were usually kept in our scullery.
By the COURT. The window went up with considerable noise—the man was smoking tobacco in the place—it was not my tobacco he was smoking, as I do not smoke, though I keep cigars.
ROBERT SUDDS (517 V.) I was on duty at 1.58 a.m. on March 30th near the junction of Lonsdale Road and Castlenan, Barnes—I saw the prisoner coming out of Castlenan down Lonsdale Road, going towards Mortlake—he was then about 200 yards from the prosecutor's house—he passed me.
Cross-examined. He was walking at about three and a half miles an hour—he did not avoid me in any way.
JESSE MOORE (737 V.) I was on duty in Nassau Road, Barnes, on March 30th—I saw the prisoner there about 1.20, coming from the direction of Lonsdale Road—he was then about a mile from the prosecutor's house—I stopped him and asked him where he had come from—he said he had come from Petersham and was on his way to Covent Garden to get work—I was not satisfied—I searched him, but failed to find anything—I let him go again and told him the way to Covent Garden—he was not going the nearest way.
ALBERT LUNNISS (172 V.) On March 30th, about 1.30 a.m., I saw the prisoner going in the direction of Hammersmith Bridge—he was out of breath and seemed to be excited—I noticed he was sweating—I said, "What is your hurry?"—he said "I have been walking fast"—I paid "Where have you come from?"—he said, "Petersham"—I said "Where do you live?"—he said, "Notting Hill"—I said, "What brings you in this direction from Petersham to Notting Hill?"—he said, "A policeman in a road where some new houses are being built directed me to come this way"—I said, "I am not satisfied with your story; we must go back and find that policeman"—I took him back and we met the last witness—he told me he had stopped the prisoner
in Nassau Road and searched him, and, finding nothing, had let him go—I said, "It is very funny for a man to be in this condition," and that I would take him to the station—on arriving there information was given me—I searched the prisoner and found on him two boxes of matches, one roll of thread, a small pocket book, 6d. silver, 1/2 d. bronze, and a briar pipe.
Cross-examined. I found no tobacco on him—he was walking fast—it was rather a cold morning.
WALTER MATTHEWS (97 V.) I saw the prisoner about 1.15 a.m. on March 30th in Lonsdale Road, coming from the direction of Hammersmith Bridge—I passed him—I was riding on a bicycle, going slowly—he was walking at a sharp pace—I next saw him about 1.50—I was in charge of the station when he was brought in—the constable said he had found him walking suspiciously—I asked him where he came from—he said, "Petersham," and that he was going to Covent Garden to find a job—I immediately afterwards received information of this burglary—the prisoner was subsequently charged—he said he was innocent—he immediately afterwards admitted that what he had told the constable about coming from Petersham was not true, and said that he told him that because he did not want to be locked up—he was about threequarters of a mile from the prosecutor's house when I first saw him—he was coming from the direction of the house.
Cross-examined. The statement he made about coming from Petersham not being true was made without any question being put to him.
WILLIAM STERRY (Inspector V.) At 2.15 a.m. on March 30th I visited 156, Castlenan, Barnes—I found the scullery window had been forced with some blunt instrument—the door leading from the scullery to the kitchen had been forced and some screws had been taken out of the door leading into a passage and an attempt made to get the lock off—I found some marks in the garden—two were distinct—at 6 a.m. I took the prisoner's right boot off and first made an impression with it by the side of the marks already there—I found they corresponded exactly—the heel of the boot was considerably worn—the marks were pointing in the direction of the next door garden.
Cross-examined. The marks on the doors were not very distinct but were evidently done with an iron instrument—a jemmy or very stiff piece of iron with a sharp point would have been suitable to do it with—I searched the garden, but found nothing.
The prisoner's statement before the Magistrates: "I am innocent."
The prisoner, in his defence on oath, said that he did not commit the burglary; that at first he was going to Mortlake to see if he could buy flowers for the Boatrace Day or get some work, but changed his mind when he met the first constable; that he said he had come from Petersham because he was unnerved: that the pipe he had was useless as there was a hole in it and smoke could not be drawn through it; and that he had no tobacco with him.
NOT GUILTY .
He received a good character. Twelve months' hard labour.
ADJOURNED TO MONDAY, MAY 29TH, 1905.