1906, APRIL (1).
Vol. CXLIV.] [Part 858.
CENTRAL CRIMINAL COURT
HELD APRIL 2ND, 1906, AND FOLLOWING DAYS.
MINUTES OF EVIDENCE,
TAKEN IN SHORTHAND BY
Shorthand Writer to the Court.
POINTS OF LAW AND PRACTICE
OF THE INNER TEMPLE.
[Published by Annual Subscription.]
GEO. WALPOLE, 1, NEW COURT, LINCOLN'S INN, W.C.
THE ARGUS PRINTING COMPANY, LIMITED, CORNER OF TUDOR STREET AND TEMPLE AVENUE, LONDON, E.C.
On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, April 2nd, 1906, and following days.
Before the Right Hon. WALTER VAUGHAN MORGAN, LORD MAYOR of the City of London; the Hon. Sir ALFRED TRISTRAM LAWRENCE , Knight, one of the Justices of His Majesty's High Court; Sir J. WHITTAKER ELLIS , Bart., Sir JOSEPH REVALS , Bart., Sir ALFRED JAMES NEWTON , Bart., Sir JOHN CHAS. BELL , Knight, Sir T. VESEY STRONG , Knight, and Captain W.C. SIMMONS , Aldermen of the said City; Sir FORREST FULTON , Knight, K.C., Recorder of the said City; FREDERICK ALBERT BOSANQUET , Esq., K.C., Common Serjeant of the said City; His Honour Judge LUMLEY SMITH , K.C., Commissioner, 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.
MORGAN, MAYOR. SIXTH SESSION.
LONDON AND MIDDLESEX CASES.
OLD COURT; Monday, April 2.
(Before Mr. Recorder.)
CLACK, William (55, labourer), pleaded guilty at last Sessions (see p. 5) to feloniously marrying Margaret Sybilla Woodward, his wife being then alive. On stating that he intended to marry Woodward, his wife being now dead, he was then released on his own recognisances in £100 to appear at the present Sessions. He had now married Woodward. Sentence, one day's imprisonment. Prisoner was accordingly discharged.
RICHARDSON, William (48, rubber worker), pleaded guilty at last Sessions (see p. 11) to feloniously marrying Paulette Mary Boyce, his wife being then alive. Sentence, four weeks' imprisonment. Prisoner was accordingly discharged.
SCHANDEL, Otto (27, waiter), pleaded guilty to feloniously having in his possession a chain, the goods of Francis Hackel, which had been stolen outside the United Kingdom, knowing the same to have been stolen. The police stated he had been discharged by his employers as lazy and impertinent. Six months' hard labour. Certified for expulsion under Aliens Act.
Mr. Torr prosecuted.
WALTER JOHN PLOWMAN , a fireman in the employ of the London County Council. On Saturday, October 14, about 7.30 a.m., I was up a ladder at the Redcross Street fire station. The ladder was upset, I came to the ground, and was taken to St. Bartholomew's Hospital, where I remained for two months. I am still unable to walk. Prisoner came to see me in the hospital and expressed regret at the accident.
EDWIN COLLINS , 448, City Police. I was in Redcross Street about 7.15, and saw prisoner driving two horses in a mail van towards Barbican, from Redcross Street fire station, followed by several firemen and other persons crying,"Stop him!"I caught the horses' heads and pulled them up. I noticed he was drunk. I took him to the station and charged him with being drunk. I was then informed he had knocked a fireman off the escape by colliding with it. He was kept in the cells till Monday, when I charged him with being drunk and driving a horse and van to the common danger of passengers, and with causing grievous bodily harm to Plowman.
WILLIAM THOMAS BOWYER , a fireman in the employ of the L.C.C., living at 22, Mount Ash Road, Sydenham Hill. On October 14 I was cleaning windows at the Redcross Street fire station. The path is about 8 or 10 ft. wide. The ladder was upto the first floor window, and the foot was on the kerb. It was between 17 and 18 ft. high. I was standing at the bottom of the escape, in the road. The mail van hit the levers of the escape with the off-side fore-wheel and turned it into the road. It was coming up full gallop, and was being driven by the prisoner. There was no other traffic in the road, and there was plenty of room to get by if he had been sober. He appeared to be very drunk.
Cross-examined by prisoner. The escape projected about 13 ft. into the road altogether. The road is about 38 ft. wide.
GEORGE COTTLE , fireman, 106, Kerr Road, Winnis Terrace, Walthamstow, was on the first floor of fire station on October 14, cleaning the inside of the window, while Plowman was cleaning the outside. I heard a shout, and looking out saw a pair-horse mail van, coming at a rattling rate, strike the levers of escape. The escape swung round to the right and Plowman dropped on the ground. I called out of the window for someone to stop the mail van, but prisoner continued to drive at a gallop. I afterwards saw him being brought back between two constables. He appeared to be very drunk indeed. Plowman was on the top rung of the escape for the purpose of cleaning the window on the outside when he was pitched over. There was plenty of room for prisoner to get by if he had been sober. Three pair-horse vans could go along there easily, I think. The levers of the escape projected from the kerb about 13 ft. into the roadway. The width of road is 28 ft. from kerb to kerb. That Would leave 15 ft. I do not know width of the van. The horses were galloping.
EDWIN COLLINS , recalled by the Court. I stopped the van. The horses did not seem particularly distressed. When I stopped prisoner they were going between seven and eight miles an hour. The van is about 14 ft. long and 8 ft. wide. I stopped him about 150 or 200 yards from the place where the accident
happened. He assisted to pull the horses up as soon as I got hold of their heads. He was originally charged with being drunk when. in charge of a horse and van, and it was only when we heard of the seriousness of the injury that it was altered to the present charge.
ROBERT HENRY BOTT , L.R.C.S., L.R.C.P., house-surgeon at St. Bartholomew's, admitted Plowman on October 14, about 7.30. He was in hospital about two months, and then went for three weeks to a convalescent home. He was suffering from shock, and had a history of a bad fall. One bone of hit left forearm was broken, and he was suffering from severe injury to the lower part of his spine. In hospital he developed inability to move his legs, probably from spinal injury. His arm has now recovered, but not his legs, and I am afraid it will be a very long time before they do so. His right leg has improved to some extent, but he has no power to move the left leg at all. I consider the prognosis unfavourable. I think his left leg may recover, but I do not think he will ever be able to discharge the duties of a fireman again.
Prisoner's statement before the magistrate. The only thing I can say is I strongly deny that the horses were galloping.
PRISONER (not on oath). I had been working 82 hours out of 119. It was a bitterly cold night. I had been at work from 6.30 the previous evening and should be finished at 10. I used to run 16 hours. From the time I left home till I got back again was about 18 hours. That gave me 6 hours at home out of the 24. Every day through the week was alike. It was a pure accident. I turned the corner, and suddenly observed the escape. I did my best, and pulled my horses off to the near side of the road. They had been out 12 1/2 hours continually trotting about. They were not going at full gallop. I have had fourteen days' imprisonment already, and been out of work ever since.
EDWIN COLLINS , recalled by the Court. The corner is rather sharp. He could not have seen the escape till he got to the corner. When I saw him at 4.30 p.m. he was sober, and knew what he had done, and seemed very sorry indeed. The horses were not galloping when I saw them. The van was empty.
ALBERT SIBLEY , sub-officer at Redcross Street. (To the Jury.) In every case where an escape is in front of a building a man stands at the foot. In this case Bowyer did so, standing in the road. From the corner of the turning to where the escape stood in the middle of the road was, roughly speaking, 15 or 20 yards. It is a sharpish turn, but not very sharp; you can see a man coming round the corner if you are in the middle of the road.
PRISONER, in answer to the Jury. The horses had done about 38 miles. I drove through the Borough Market about 20 minutes before the accident happened, and it was market morning,
and I did not have an accident. I also came over London Bridge and through King William Street, where they were busy with the Billingsgate Market, and had no collision.
Verdict, Not Guilty.
COOPER, Hugh (33, accountant), pleaded guilty to obtaining by false pretences, from Joseph Lane, the sum of 5s., and from Alfred Brown 2s. 6d., in each case with intent to defraud; also to attempting to obtain from Benjamin Bramley the sum of 5s., with intent to defraud; also to a previous conviction for obtaining money by false pretences on February 23, 1904. Other convictions proved; police stated that prisoner's family were not in good circumstances, but were not absolutely starving, as stated by prisoner. Six months' hard labour.
WILLIAMS, George (28, cabinet-maker), pleaded guilty to breaking and entering the shop of Thomas Arthur Hardy and stealing therein five watches and other articles, and feloniously receiving same; also to burglary in the dwelling-house of Frederick Joseph Wilfrid Sass and stealing therein 11 spoons and other articles, and feloniously receiving same; also to a previous conviction for felony on June 17, 1903 under another name. A further conviction on November 17, 1902, was proved. Police stated prisoner did no work, and had violently assaulted the officer who arrested him. 18 months' hard labour. Certified for expulsion under Aliens Act.
Sergeant Albach (51. X Division), the officer assaulted, was commended by the Grand Jury. The Recorder, on being informed of this, said: He showed great forbearance, because he was savagely assaulted by prisoner. He might have used his truncheon sooner. He certainly seems to have behaved well.
WINKWORTH, William Thomas (18, postman), pleaded guilty to feloniously forging an endorsement on a warrant and order for the payment of £6 14s., with intent to defraud, and to uttering the said forged order. The indictment further charged prisoner with stealing the letter containing the order, he being employed under the Post Office, to which he pleaded not guilty. The latter indictment was not proceeded with. Six months' hard labour.
SNOW, John Sydney (27, postman), pleaded guilty to feloniously obtaining the sum of £1 6s. 11d. by virtue of a forged docket of Customs and postal charges leviable upon the delivery of a certain postal packet. The police stated there had been a great number of complaints since prisoners arrest of increased charges on parcels obtained by him. Prisoner had fought in South Africa, and was in receipt of a pension of 6d. a day. His wages were 13s. 3d. per week. Six months' hard labour.
HUGHES, Reginald Arthur John (19, postman), pleaded guilty to stealing a post letter containing a postal order for 6s., a post letter containing a postal order for 2s. and five postage stamps, and a post letter containing a postal order for 18s. 6d., the goods of the Postmaster-General, he being employed under the Post Office. Witnesses to good character were called for the defence. Six months' hard labour.
HALSEY, Albert (18, joiner), pleaded guilty to feloniously endeavouring to obtain the sum of 10s., the property of the Postmaster-General, by virtue of a certain forged and altered instrument, to wit, a Post Office Savings Bank book, knowing the same to be forged and altered, and with intent to defraud; also to feloniously demanding and obtaining the sum of £1, the property of the Postmaster-General, by virtue of a certain other forged and altered instrument, that is, a deposit book of the Post Office Savings Bank; also to a similar indictment in the sum of 7s.; and to a previous conviction for felony on July 6, 1905, at the North London Court of Summary Jurisdiction. The indictment further charged prisoner with obtaining 8s. upon a forged and altered deposit book, to which he pleaded not guilty. This was not proceeded with. The police gave prisoner a bad character. The previous conviction was for stealing 10s. 6d. from an automatic gas meter in his mother's house. Nine months' hard labour.
DOWNES, John (22, carman), pleaded guilty to being found, within seven years after sentence passed upon him in respect of a certain crime, on the premises of the Metropolitan Bonded Vaults and Tea Warehouses, Limited, under such circumstances as to show that he was about to commit an offence punishable upon indictment. (Prevention of Crimes Act, 1871, Section 7.) Previous convictions for felony were proved. Twelve months' hard labour.
JARMAN, William (31, agent) , obtaining by false pretences from Robert Samuel Harvey the sum of 10s. 6d., from John Henry Cowley Harvey 15s., from Charles Jagle 10s. and 10s., from Mary Abeb and Zachariah Abeb 2s. 6d., from William Richard Legg 5s., and from John Crookshanks an order for payment of £2 5s., in each case with intent to defraud. Forging and uttering certain receipts for the payment of 10s. 6d., 15s., £1,2s. 6d., 5s., and £2 5s., in each case with intent to defraud.
Mr. Rooth prosecuted; Mr. Harold S. Morris defended.
ROBERT SAMUEL HARVEY , oilman, 284, Battersea Park Road. Prisoner called on me on December 8 last. I had formerly been insured with the Castle Insurance Company, and I had known him previously as an agent acting for them. He said he had taken an agency up for the Sun Office, and he thought it would be better for me to transfer to that from the Castle.
I said, "Yes, I am agreeable." I paid him 10s. 6d., and he gave me a receipt. It was supposed to be the premium due to the Sun. The document handed to me is the receipt which he gave me. It is signed,"Sun Fire Insurance Company, Limited; William Jarman." It is a printed form taken out of a book. He produced the book. He told me he was agent of the Sun Fire Office, and that is why I parted with my money. He said the Sun policy would be forwarded in a few days. That is the usual practice. I did not receive a policy, and in about a fortnight my brother communicated with the company. I never received a policy and I have not seen the prisoner since, except in the police court.
Cross-examined. Prisoner introduced me to the Castle Company in Christmas, 1904. That was my first acquaintance with him. I paid him 10s. 6d. and got a policy. I know now that the Castle has gone into liquidation. It did so about the third week in December. It is a gradual process, the ultimate result took place then. It was going into liquidation about the time he came. I had dealt with the prisoner, and took his advice to transfer into the Sun. It was nothing unusual to pay cash in advance. The receipt is an ordinary form torn out of a receipt book. Except the writing, there is no word about the Sun on it. He wrote his address on the back in pencil, so that I could have it to refer to him.
JOHN HENRY COWLEY HARVEY , 70, Bridge Road, Battersea, oil and colour warehouseman. Prisoner called on me on December 10. He was the agent through whom I had insured with the Castle. He said, "I have been appointed agent by the Sun. Office, and you would probably like to exchange from the Castle, as you would be more secure." I said, "Certainly, but they charge more premium than the Castle. I had been paying 15s., and the Sun's fee is a guinea per cent." Prisoner said, "The Sun has arranged to take my clients over at the rate they were paying in the Castle Company." I gave him my Castle policy for him to have copied, with the sum of 15s. per cent. The policy was on the furniture of the premises above the shop. I handed him 15s., and he gave me this receipt,"Sun Fire Insurance Company, Limited; W. Jarman, agent." I believed he was the agent for, and that I was insuring with, the Sun Fire Office. I had heard of it as a very old-established society, and was pleased to shift from the one to the other at that fee. He asked me when we should be giving our Christmas almanacs away. I said."Christmas week." He said he would bring the policy then, so that he could have one of our almanacs. I did not receive the policy, and he did not call My brother communicated with me, and I communicated with the Sun Office by letter.
Cross-examined. I gave evidence at the police court. I said there that the prisoner told me he had taken an agency. Now I
say he said he had been appointed agent. I do not see much difference in the two. It might be one or the other; I cannot exactly remember. I had insured with the Castle, and paid cash and got my policy. The premium was almost due. Instead of paying another premium to the Castle I was going to pay a premium to the Sun. I did not mention the conversation about the guinea and the fifteen shillings per cent., because I did not think of it. No one has reminded me. It struck me one night in bed, thinking over the case. I would not necessarily have remembered it at the police court. It is a well-known thing in our trade that the Sun charge a guinea per cent. I have known that is their fee for many years. Most of the big offices charge a guinea per cent, in our particular trade, it being a dangerous, trade. I know now that the Castle has gone into liquidation, but I did not know it till January. I should have been pleased to have had the change, finding out in January that it had gone into liquidation.
Re-examined. In point of fact, he made that statement to me, and I did not remember it at the police court.
CHARLES JAGLE , manufacturer's agent, 61, Berwick Street. I had known prisoner about a year as agent for the Castle, when he called on me on January 12 last. He told me that my insurance policy having expired, he was anxious to re-insure me with the Sun and General Accident, the Castle having been wound up. He said he was' agent to the Sun. I agreed to do that, and handed him 10s. deposit on each, as he asked. One policy was for fire and the other for burglary. He handed me this engraved receipt for both sums: "Received from Mr. Jagle the sum of £1, being deposit on fire and burglary insurance. Sun Fire Office and General Accident Company; William Jarman, agent." I believed him to be the agent of the companies. He made an appointment for the following Wednesday with regard to the policies, and as he did not turn up I wrote to the two companies. He said he would send the policies. I never received anything at all. I wrote to him at his address and received no reply. I then put myself in communication with both those companies, and they gave me some information.
Cross-examined. Prisoner insured me with the Castle the year before. My policy would have expired on June 15 this year. The company wound up in December, and I knew that policy had come to an end and wanted to re-insure. I thought, it a good opportunity when I saw him. I was quite willing to trust him on business. It was a. cash transaction, the same as the rest. I paid him by cheque first payable to the Sun, and then he asked me to make up a cheque for the whole amount, payable to himself, so I gave him a sovereign.
JOHN CROOKSHANKS , 8, Aldgate Avenue, E.C., horseshoe-pad manufacturer. I had insured in the Castle through prisoner. He called on me on January 29, and said he had changed over to the Sun, as the Castle had gone into liquidation. He asked
me to insure with the Sun, and said he could put me through with them at the same premium. I paid him £2 5s., giving him a cheque payable to William Jarman, agent of the Sun Fire Insurance Company. He gave me this receipt: "Received the sum of £2 5s., being the annual premium of insurance, as per policy and specification re Castle General Insurance, Limited. Sun Fire office; W. Jarman, agent" I understood from that that I was insuring with the Sun Fire office on the same terms as with the Castle and for the same amount, and that he was agent for the Sun Fire Office. He said the policy would come on the following Friday. That would be February 2. It did not come. I went to the Sun Fire office and they made a communication to me, in consequence of which I went to my bankers and stopped the cheque.
Cross-examined. I had paid two premiums to the Castle. I cannot say whether he introduced my firm to the Castle. It was not I who paid him the first time. He had called previously, and I had seen him there; and he introduced himself on January 29 as the person who had been agent for the Castle. I knew my firm had been insured in the Castle and had paid two premiums to the prisoner. I was to be insured in another company on precisely the same terms, and, of course, would have to pay the premium before the agent paid it over. I expected that, and paid him a cheque for £2 5s.
Mrs. LETITIA NIGHTINGALE, Market House, St. Philip Street, Battersea, wife of Arthur Nightingale, grocer. I have known prisoner since March, 1905. He called on me on January 29 last, ordered some goods from me, amounting to 1s. 2 1/2 d., and handed me a cheque for £2 5s. This is the cheque. I told him I did not care about cashing cheques. He said, "Oh, you have cashed them for me before and have found them quite right. The people I deal with prefer to write out cheques rather than to pay in hard cash." I gave him 5s. on account, and told him I would speak to Mr. Nightingale about it. I retained the cheque, and told prisoner to return the following day for the balance.
Cross-examined. He did not say anything about not having a banking account. I knew that. I had cashed two cheques for him before, and he had bought goods at my shop before.
ARTHUR WILLIAM NIGHTINGALE , husband of the last witness, living at the same address. She made a communication to me on January 29 last and showed me this cheque. Prisoner called the following morning and I gave him £2, the balance of the value of the cheque. He had paid for the 1s. 2 1/2 d. worth of goods. I passed the cheque on to my baker for money I owed him. About three days afterwards he made a statement to me, and said, "We cannot have that." In consequence of that statement I paid him the value of the cheque. It was returned to me because payment was stopped. I paid the baker myself.
THOMAS ALLEN , cashier to the British Linen Company Bank, Threadneedle Street. G. R. Crookshanks and Sons are customers of ours. On February 6 a communication was made to the bank by Mr. Crookshanks, in consequence of which we stopped the cheque. The cheque was presented for payment at our bank.
ROBERT ELLIS WELSH , agency superintendent of the Sun Insurance office. I do not know the prisoner personally. An application was sent in by him on March 7, 1904, to become our agent. It was sent to the Charing Cross branch, and was forwarded to the head office and declined by them. We instructed our Charing Cross branch on April 2 to decline it, which they did. He did not apply again at our branch. He is not, and never has been, an agent of the Sun Fire office. All appointments of agents for the company in the United Kingdom pass through my hands. The receipts handed to me are not the receipts of the Sun Fire office; I do not recognise them at all. I see in some instances they are signed,"Sun Fire Insurance Company, Limited; William Jarman, agent." The prisoner had not authority from us to issue such a receipt. He has never accounted to us for the sums of 10s. 6d., 15s., 10s., and £2 5s., or any of them. He has not communicated the fact that he received those moneys to us at the head office.
Cross-examined. There are not two Sun Insurance Companies; only one. The Sun Life Assurance Society is a distinct company. It has the same directors, but the management it quite distinct. You may call them sisters. If a man applies for an agency for the Fire they ask him if he desires an agency for the Life as well, but not vice versa; they do not reciprocate in any way. They add the Life to the Fire but not the Fire to the Life. The Sun Fire is 100 years older than the Life. It would not be necessary to send in two application forms for Fire and for Life. If one comes to us and says he wishes to act for the Sun Life also we complete as far as we are concerned, and then hand it to the Sun. Life. If the Sun Life accepted an agent it does not follow necessarily that the Sun Fire would accept him. We act quite independently, on our own judgment. The Sun Life is a good criterion. The public would not be warranted in regarding the two companies as one and the same thing. We are under quite distinct management, but we help each other. I believe prisoner applied to be made an agent of both, and that he gave the tame references to both. I believe the references which he pave to the Life were with respect to a proposal on his own life and not with respect to an agency. Whether they were the same references as to us I do not know. Prisoner was accepted as an agent by the Life upon those references. He was appointed agent for the Sun Life. One of the references he gave to the Sun Fire did not reply, but that is a matter for my colleague
on the Charing Cross branch; it did not come before us. We issue printed receipts to our agents with "Sun Fire" printed upon them. The receipts handed to me do not resemble thorn in the least. Beyond the writing on them, there is nothing to suggest they are receipts of the Sun Fire.
By the Court. Assuming we recognised a receipt not upon our own stamped paper, that would be a perfectly valid receipt. Anyone looking at it would suppose the person was signing for the Sun Fire as agent, The receipts were apparently bought at some stationer's, and would apply to anything.
By Mr. Morris. It is very often the case that when a man applies for an agency he has a number of clients to bring to our office. Our agents take cash on our account. They have authority to receive the money. A duly-appointed cash agent would be at liberty to get a proposal on our behalf. We would write and tell him what the premium was and he would be authorised to receive it, and at once, the same day, send it on to us. We have only one kind of agent. We have no agent who has no authority to receive money. We should receive the money from any quarter which tendered to us. If a person entered our office and put a sovereign down, and said, "I am handing over this for the insurance of a shop in Blackfriars," we should send and survey it. We might hold it insured straight away. It would depend upon the risk. With such a risk as an oilshop we should like to survey it. If it was a person who was not one of our agents we should like to see it. It might be an exceptional risk. Application was made in March, 1904, in the name of Willis and Co., and prisoner was one of two partners. A personal application was not made on his behalf. The other application since made in November, 1905, was a personal one.
Re-examined. The duty of a cash agent receiving money on behalf of the company would be to immediately forward it to the company. He would not be entitled to receive a sum of money upon December 8, and not account for it as late as February 14. I refer to a properly-appointed agent.
EDWARD JOHN GORE , agent-inspector for the Sun Insurance Office at 60, Charing Cross. Prisoner applied to become an agent for the Sun Fire on November 18 last. He supplied references, to whom I wrote. One, Mr. Cochrane, gave no reply, and in consequence I called upon prisoner on December 19 and told him so. He replied,"I will go and see Mr. Cochrane myself and get him to send you an answer." Mr. Cochrane never replied, and prisoner was not made our agent. We wrote to him on January 2, asking him to expedite matters. I did not see him again, except at the police court. He has never accounted for the sums of money received on behalf of the Sun Fire Office. I produce his original application. I did not know he was acting for my company as agent. I did not give him any authority to do so.
Cross-examined. The application came to me by post. When I saw prisoner on December 19 he told me he had twelve cases in hand, and I think he told me he did not act for any other fire office. I do not know whether he said he had three in hand on his application form. It is not unusual for a man applying for an agency to say he has business in hand. I cannot say whether he Bent in an application to the Life office. I knew he was an agent for the Life. I believe the Life office do not take references as we take them. They deal with things quite differently to ourselves.
By the Court. My duties are exclusively confined to the Fire, and to the Charing Cross branch. I would not necessarily know of applications made to the Life office unless there was a similar application to the Fire office. I do not think he actually applied in writing to the Life office. I believe the manner in which his name came before the Life office was that he, mentioned on the form that he had some Life cases in hand. On that I told the Life office that prisoner had same Life cases in hand, and I believe that they took his name and address, and that they conducted the case with him as far as they were concerned; but I cannot answer for what they did.
By Mr. Morris. The Fire and the Life offices are closely connected. Prisoner said he had three cases, 5s. a month. That meant Life. I would certainly pass on his name and address to the Life. As a matter of fact, he was made an accredited agent of the Life Insurance Company. The only hitch so far as Fire was concerned was that Mr. Cochrane did not answer. The other reference proved satisfactory. We wrote to Mr. Cochrane once. I believe the Bun Life did not write to him. I do not suggest they would not inquire into the reference they were given, but if a man gives the Fire, office a reference which is quite satisfactory and gives the same name for the Life office, the Life office would probably accept that reference. I did not write to the Life office and say the reference was not satisfactory. I do not know whether they dealt with this. They deal with things so differently.
By the Court. They might have been satisfied with one reference. They knew we had received one satisfactory reference, and on that they may have acted.
Re-examined. The statement of applicants for an agency that they have cases in hand is possibly with the object of inducing the office to take them; it certainly has that effect.
(Tuesday, April 3.)
MARY ABEB , wife of Zachariah Abeb, cigarette manufacturer, 13, Little Newport Street, Charing Cross Road. I remember prisoner coming to see me on February 9 last. I had previously been insured with the Castle against fire. He told me that the
Castle Company had fallen through and that the Phoenix was going t take over all the policies of the Castle Company. I paid 2s. 6d. deposit on a sum of 5s., and he gave me the receipt produced: "Phoenix Fire Office, W. Jarman, agent." He told me that he represented the Phoenix and that they paid him a weekly salary. Having been previously "done" by an agent, I was suspicious, and asked him if he had any papers to prove that he was employed by the Phoenix. He said he had not as he was on a weekly salary and not employed as a regular agent. He promised that the policy should be forwarded within a week. I did not receive the policy, and the next I heard of prisoner was that he was in custody.
Cross-examined. Prisoner said he had been sent on to me by Beauregard, a tailor who formerly lived in the same house and was also insured in the Castle office. I think I spoke about the prisoner having spoken about having a salary at the police court, though it is not on the depositions.
Re-examined. I can neither read nor write, and did not pay much attention when the depositions were read over.
WILLIAM RICHARD LEGG , oil and colourman, 36, Queen's Road, Battersea. I have known prisoner for about four years, and for an indefinite period as agent for the Castle. He called on me on some Friday prior to February 12, and told me he was making arrangements with the Phoenix to take over the policies of the Castle as they stood without further survey. I told him I was in negotiation with another company, and if he would look in on Monday I would settle one way or the other. Though he did not say so in so many words, he led me to believe he was acting for the Phoenix. On February 12 he called again, and I paid him 5s. deposit and he gave me the receipt (produced), signed "Phoenix Fire Office, W. Jarman, agent." He told me I should receive the policy in about 10 days. As I did not receive it I went to the Phoenix office.
Cross-examined. I was insured in the Castle for £100, and the percentage I paid was 12s. or 12s. 6d. Prisoner said the Phoenix was to take the policy over as it stood. I paid the 5s. on account to give me protection until I got the policy, which I believe is the usual practice.
JAMES LAKE , assistant agency inspector, Phoenix Insurance Company. Prisoner has never been an agent of the company, nor a salaried servant, nor in its service at all. We have regular printed receipts which alone we recognise. He never communicated that he had received sums of 2s. 6d. and 5s. on behalf of the office.
Cross-examined. The Phoenix has 13 branches, and there is an agency inspector at each branch. I am inspector at the head office, Lombard Street. If application were made at one of the branch offices for appointment, as inspector the matter would come through my hands. The Phoenix and the Sun
charge pretty much the same premiums. The ordinary fire insurance on bricks and mortar is 1s. 6d. per cent., and on furniture and things in the house 2s. The percentage on an oil and colour shop varies. The minimum would be about 10s. and the usual about a guinea. Those oil shops that keep oil are charged one guinea per cent., but you come across a good many that do not keep oil; therefore their rate is much less in proportion. A guinea is not the highest; the rate goes up to 42s., according to risk. Agents are paid only by commission. If you came in with a sovereign to pay a premium for a friend you could not get commission unless we had appointed you.
To the Court. Before an agent can be appointed the appointment has to be sanctioned by the central office.
ROBERT WHITFIELD , detective, V Division. A warrant for the apprehension of prisoner was placed in my hands on February 14. I arrested him in Queen's Road, and told him the charge. He said: "I did not know it was fraud. I have had very bad luck, being out of employment. If it if fraud I suppose I have more against me."
Cross-examined. On searching prisoner I found on him an application form for an agency, together with some premium forms.
Re-examined. He had not a farthing in money.
To Mr. Morris. Proposal forms are handed over the counter on application, but we should not supply proposal forma to an applicant for an agency before the application was completed.
To the Recorder. If you made application for an agency form and at the same time said you would like two or three proposal forms as well, they would be given to you on the understanding that you were going to be an agent.
(Evidence for the defence.)
WILLIAM JARMAN . (Prisoner on oath.) I have been in the insurance business for eight years, and acted as agent for the Castle Company for three years, the period of its existence. The company went into compulsory liquidation last December. The advantage the Castle had over other companies was that the rate was lower, it being a non-tariff office, working independently of the Tariff Association, which is a ring of companies in agreement to keep up rates. It quoted deliberately under the tariff. I had about 300 policyholders in the Castle, who, of course, all lost their money. In September or October, 1906, I met an inspector of the Sun, who gave me an application form for the Sun agency, and I gave as references Mr. Grover and Mr. Cox. The life department of the Sun took up my references and I received a letter of appointment, but not the fire
department. On the Castle going into liquidation I wanted to renew the policies of my holders, and I went to these various people, the Harveys, Mr. Jagle, etc. I was not then agent for the fire department, but expected to be. On December 19, Mr. Gore called upon me and told me Mr. Cochrane had not answered, but Mr. Cochrane told me he had already replied, and took this as a duplicate application. I afterwards obtained an agency application form from; the Phoenix and I took the amounts mentioned from Mrs. Abeb and Mr. Legg. If I had taken those sums direct to the office straight away they would not have paid me commission. I told Mr. Gore I had already some cases in hand, and showed him the policies of the Old Castle Company, but I kept the money because I had not been appointed agent and if I handed it over I should lose my commission. When I told Mr. Gore I had collected money he told me it would be necessary to have fresh proposal forms and for the risks to be resurveyed.
To the Recorder. Though I had no money in my possession when I was taken into custody it is at hand, and I am prepared to refund all these sums. I was keeping the money back in order to obtain the commission when I was appointed. I signed as agent because I was not receiving the money for myself.
Cross-examined. I resigned voluntarily from the Castle before they went into liquidation and joined the Monarch Assurance Company from whom I received £2 a week, commission and over-riding commission. I was not in their employment at the time I was arrested, having received a week's notice, expiring December 23. The procedure in all tariff companies is that the agent, after survey, makes application for the commission. As to the whereabouts of the money, I can only repeat that it is at hand; it is not in my pocket. I have no banking account and no money in the Post Office, but these people will not lose their money because, as I have already said, I am perfectly willing to refund the premiums.
To the Recorder. Insurance companies allow properly appointed agents to give receipts of their own to their clients.
Cross-examination continued. As to the statement that I was not appointed agent for either of the offices, I was appointed agent for the Sun life department, and that I considered entitled me to anticipate that I should be appointed agent of the fire department, inasmuch as the same references applied to fire as to life. When I called on Mr. Robert Harvey on December 8 I considered I was on the verge of being appointed an agent of the Sun fire department. I showed one of the Mr. Harveys the letter of appointment to the life department I did not know the two departments were working separately until such time as evidence was brought before the police court.
I was always under the impression that the fire and life department were one under the same management and under the tune roof. I submitted the Phoenix to Mm. Ahab because I knew the Sun objected to foreigners, but the Phoenix will accept foreigners who give good references. On the Saturday before I was arrested I went to the Phoenix Office at Charing Cross and informed them that I had two or three proposals ready and they gave me the application and proposal forms which were found on me. I told Mr. Robert Harvey, from whom I received 10s. 6d., that the policy would follow in a few days, but, of course, the business was not going to be submitted until such time at I was property appointed and able to receive my commission. Up to the time of my arrest on February 14 I had not communicated the fact of the payment to the office except verbally through the inspector. Of course, Harvey was not covered. The premium was never taken, to rive him protection, and the receipt was never intended to be an official receipt. In many cases the proposal is not covered until the policy is actually received; it is not covered unless it is taken direct to the office and the proposer specially wishes to be covered. After the risk has been surveyed direct application is made to the agent for the premium less the commission, and it is an order in many instances that the agent has to pay this money out of his own pocket and then get it from the policy-holder, and it is for this reason the agent protects himself. I did not communicate the fact that I had received £2 5s. from Mr. Crookshank to the Sun Fire Office. When Mr. Nightingale called upon me with reference to the cheque being stopped, I told him it was stopped because there was a clause in the policy that was not right. I could not tell that the Sun would accept the policy. In many cases a tariff office will accept the business of a non-tariff office, if the whole of it is offered to them, at the same rates. I had no authority for the statement that the Sun had agreed to take over the policy on the same terms £s the Castle. I do not know that Crook shank will lose that money. It is in abeyance. I do not suppose Mr. Nightingale would have changed the cheque if I had told him the circumstances. He had changed cheques before. In each of the four instances, Jagle, the two Harveys, and Crookshank I obtained the respective sums of money by holding myself out as the agent of the Sun Fire Office. I did not communicate in any instance to the Sun Fire Office that I had received money on their behalf, except in the case of Mr. Robert Harvey verbally to Mr. Gore. I was not entitled to hold myself out to Mr. Legg as agent for the Phoenix. I did not communicate the fact that I had received premiums to the Phoenix Office. In every instance that has come before the Court knowledge of the fact that I have received money has been due to the complaint of the people who have paid it.
Re-examined. The various sums of money were retained by me until such time as I should be appointed agent. As a matter of fact, I never was appointed. As regards Mrs. Abeb and Mr. Legg my intention was to fill up this agency form and the two proposal forms and take them to the Phoenix Office at Charing Cross. In three instances the payments were in respect of oilshops. In the case of oilshops a man who pays money is not insured at once. The office takes the particulars of the proposal and then sends down a surveyor, and if necessary the matter is submitted to the fire manager and the office communicates to the agent that they are willing to accept the risk. If they refuse to accept the risk the money is returned.
To the Recorder. The Castle Company did not make such inquiries as a tariff company would make. Being a smaller concern they did not often employ surveyors.
EDWARD JOHN GORE , recalled. Prisoner never communicated to me the fact that he had received money from the two Harveys for insurance. The interview with me took place on December 19. He said he had some proposals, but he did not mention the name of Harvey. I told him distinctly we should not go further with his appointment until we heard from his references. The references were the only hitch. He never told me he had received any money; of that I am sure.
To the Recorder. When an insurer pays money he is given a proper receipt and it is for the purpose of covering him until the policy is either accepted or rejected. In case of fire a man holding such a receipt would be covered to the extent of the—loss he could prove; otherwise there would be no sense in a man paying anything. It is not true as prisoner says that the receipts amounts to nothing at all. Only the official receipt is recognised.
Verdict, Guilty on all counts.
DETCTIVE ROBERT WHITFIELD . I have made inquiries concerning prisoner. Prior to last October he had been employed by Mr. Knowle, of the Credit Francais, at a salary of £2 per week and commission. During the two years he had been discharged on four occasions for irregularities. On the last occasion, he absconded with defalcations of about £60. They had bought him clothing and a silk hat as he had got into rather low water. From some literature I found upon him I found that he had been employed by the Monarch Insurance Company. This is a letter terminating his engagement on December 30. In the case of the Monarch also he has accepted premiums from different people whom he has Defrauded.
Mr. Rooth said he did not propose to offer evidence on the five other indictments.
Sentence, Twelvecalendar months' hard labour.
NEW COURT; Monday, April 2.
(Before the Common Serjeant.)
Mr. Partridge prosecuted; Mr. Davis defended.
EDWARD SWAIN . I keep a coffee-stall in Somers Town, at the corner of Ossulston Street. On the early morning of February 23 Smith came to my stall and asked for two cigars and a packet of Bandmaster cigarettes; these were supplied; cost, 5d. He tendered a coin, saying: "Half a sovereign," and I gave him 9s. 7d. change. I had received no other half-sovereign that night. I put the coin in the basin; in the morning, on counting the takings, I found this was a Jubilee sixpence; then I communicated with the police.
Cross-examined. I do not remember having had bad coins passed at my stall before. The coin in question was very like a half-sovereign and I was deceived. I have known, Fuller as a customer, not Smith. Neither has given me a false coin before. Fuller is a coffee-stall keeper; Smith helps him.
CHARLES GOODCHILD . Detective-Sergeant, Y Division. On February 25, at 9.30 a.m., I saw Smith at the Police Station. I said: "I am a, police-officer, and am making inquiries respecting a gilded sixpence which it is alleged you uttered to a coffee-stall keeper at Ossulston Street on February 22 and obtaining the sum of 9s. 7d. by false pretences." I showed him the com. He said: "No, master, I have never seen it before; I was never at the coffee-stall and know nothing whatever about it." At Somers-Town Station Smith was identified by Swain. After Smith was put in the cell he sent for me. He said: "I have told you a lie. I am an honest man and wish to tell you the truth." I then cautioned him, and he went on to male this statement, which I took down, and which he signed."I have been assisting Fuller at the Royal Cafe in Euston Road for the past two months. On the 22nd inst. I was in the car; Fuller called me and showed" me a gilded coin, saying, 'What do you think of this; is it a genuine one or not?' I said, 'I have my doubts,' and asked him for a knife to try the edge. I cut the edge of the coin, and said to him, 'I think you have been done this time, this is not a half-sovereign.' Another man in the car said it was a Jubilee tanner. Fuller said, 'I took it off a customer.' He gave me a description, of a man, and I went out to find him, and failed to do so. I returned to the cafe and told Fuller I
had spoken to a constable on the Midland railway station about it, and the constable informed me that several coins had been passed at the refreshment bars at the Crystal Palace recently. Fuller said, 'What do you think, shall I try and pay it in with my money to my master this morning?' I said, 'No, very likely he would give you the sack for taking the coin.' Fuller then handed me the coin, and said, "Suppose you try and pass it at Smith's? (Smith's is the name Swain's stall is known by.) I said, 'I will try.' I went to the stall and asked for two cigars and a packet of cigarettes, and placed the coin on the counter. Prosecutor served me, and, after sounding the coin, gave me 9s. 7d. change. I went back to Fuller; he said, 'Well, how did you get on?' I said, 'He took the coin and sounded it, and gave me 9s. 7d. and two cigars and a packet of cigarettes, and never said a word.' I handed Fuller the cash and two cigars, and gave him a penny for my cigarettes. He gave me one of the cigars for my trouble, and said, 'Suppose Smith (Swain) came here and asked us about the coin? I said, 'Well, that's another thing; we shall have to tell him all about it then.'" After this I saw Fuller, and told him Smith had made a statement, and took him to the station. I showed him the coin. He said, "Yes, that is the coin I sent him with. I took it from a customer in the car. A cabman was present, and remarked that the coin was a gilded one. I lost 9s. 10d. by taking it, and could not afford to lose it; it was a silly thing for me to do, I daresay." Subsequently, Fuller signed a statement in which, after setting out his career in the army, and that he still belongs to the reserves, he said: "I received this coin which resembles half a sovereign from a customer whom I should know if I saw him again, and I paid him in return 9s. 10d. change, nearly all the silver I had at the time. Wanting change for other customers, I sent my friend Smith for change with this coin, as I had no doubt whatever respecting it, although the person who tendered same seemed a doubtful character. When my friend returned I asked him if the coffee-stall keeper made any remark about the coin? He informed me 'No, only he asked if I had anything smaller. There is practically nothing against my friend, as he only done a favour by taking the coin to change. There was no intent to defraud whatever."
Cross-examined. On searching prisoners no false coins were found on either.
(Evidence for defence.)
took for a half-sovereign; I gave him 9s. 10d. change. Being doubtful, I showed the coin to a cabman who was in the oar; he said, "This is a Jubilee half-sovereign; I wish I had a hatful of them." I showed the coin to Smith; he thought it was a good one; he tried it round the edge with a knife. Another customer came in, and I wanted change; I sent Smith to the next stall, where we often send if we want change. Smith came back and said the coin had been changed without any remark. I then thought that there could be no doubt about it, but that the coin was a good one.
Cross-examined. I did not say when arrested,"A cabman who was present said it was a gilded tanner "; the cabman amid it was a good half-sovereign; in fact, he offered to change tt for me. I did say when arrested,"It was a silly thing for me to do, I am very sorry "; when they arrested me for it I thought how silly it was. Smith hat been assisting me, looking after, cups, and so on, outside the stall. We are good friends. I talked with him about the, coin because I thought it was lights and it looked bright and new. He did not say to me,"I think you have been done this time, this is not a half-sovereign." No one in the car said it was a gilded tanner. The cabman, I refer to is not here. I deny that I said the Smith,"Shall I try to pay this in with my money to my master in the morning," or that he said, "No, very likely he would give you the sack for taking the coin." I don't know why Smith should have invented this.
CECIL CHARLES VICTOR VIDALLI FITZGERALD SMITH . (Prisoner on oath.) Fuller passed me the coin and asked me what I thought of it; I told him I had my doubts; I tried the edge of it with a knife. I left the stall to try to find the man who had passed the coin. I spoke to a constable at the station opposite, who told me that several Jubilee sixpences had recently been tendered for half-sovereigns at the Crystal Palace. I came back and told this to Fuller; there was a cabman present in the car; I did not hear Fuller speak to the cabman. Fuller sent me out with, the coin to get change; I went to prosecutor's stall, got the change, and brought it back to Fuller. When I passed the coin I had no doubt of its genuineness.
Cross-examined. I was doubtful about the coin at the beginning, but not at the end. When I was arrested I did not say to Goodchild,"No, master, I have never seen that coin in my life before "; I said I had never tendered the coin. When I saw Good child afterwards in the cell I said, "It is a lie what I have told you; I did tender half a sovereign as I thought" At to why I did not say that when I was first arrested, I suppose I was excited; and the charge was never explained to me. I am not say to Fuller,"I think you have been done this time, this is not a half-sovereign." Fuller did not say to me,"Shall I try and pay this in with my money to my master in the morning?" I remember that a cabman who was in the car said, "This is a
Jubilee half-sovereign." I do not remember another man saying, "It is a gilded tanner." These things are in the statement I signed; that statement was written down by Goodchild and read over to me, and I signed lit, but I was excited at the time. When I got back with the change Fuller asked me whether any remark had been made about the coin. When I tendered the coin to Swain I did not say "half a sovereign "; I simply put it down, and he asked me if I had any smaller change.
Verdict, Not guilty.
Sentence (April 3), Three months' hard labour.
WEBB, George (24, stoker), pleaded guilty to feloniously causing grievous bodily harm to Police Constable Charles Fox with intent to maim him; also with intent to resist his (prisoner's) lawful apprehension; further to assaulting Police Constable James Moore, with intent to resist lawful apprehension. Prisoner pleaded guilty to a conviction at the South London Sessions on December 10, 1903, for felony, in the name of George Harrison. Police evidence proved ten convictions since 1897, prisoner being no sooner out of prison than again arrested. The assault on Constable Cox was by kicking in a dangerous part of the body, and he was yet unable to return to duty. Seven years' penal servitude.
THIRD COURT; Monday, April 2.
(Before Judge Lumley Smith.)
MORGAN, Bernard Charles. Forging and uttering an order for the payment of £8, with intent to defraud. Found guilty at last Sessions (see p. 126). Two previous convictions proved. Sentence, Three months' hard labour.
OVERBURY. Charles (59, labourer), pleaded guilty to stealing from the dwelling of Walter Scarfe a coat and other articles, and feloniously receiving the same on March 2. Also pleaded guilty to conviction on July 31, 1905, of similar offence in the name of George Stone at Bow Street, when he was sentenced to four months' imprisonment Twelve months' hard labour.
Mr. Charles Doughty prosecuted.
FREDERICK SPRULES , 45, Pembury Road, meat carrier. On January 24 I sent off tome cheques and letters, including a cheque for £4 5s. 6d. ground rent in favour of Mr. Hardy, an agent, and gave them to my son to post. I identify the cheque produced which has been passed through the bank and paid, Mr. Hardy wrote to me on account of not having received tint money.
RICHARD WILLITT , 55, Swinbrook Road, North Kensington. I had known prisoner before January of this year, having worked for him and with him. I met him on Saturday, January 27, in Portobello Road. He said: "I have got a cheque which I brought for you to see if either Evans or Barker could change it" I said I did not think either of them had a banking account, and that the only one I knew who had an account was Mr. Hooton, of the Walmer Castle. Prisoner and I went to the Walmer Castle, where we saw young Hooton, who said the cheque mutt be signed differently. He brought pen and ink, and prisoner did something with it, but what he did I do not know, as I cannot read writing. On the following Tuesday prisoner told me Hooton would not pay the cheque without seeing me. I went with him, and Mr. Hooton paid him £4 5s. 6d.
To Prisoner. You did not tell me a man had asked you to get the cheque done. What you did on the back of the cheque I really do not know.
HENRY HERBERT HOOTON , son of the licensee of the Walmer Castle. On January 27 prisoner came in with Willett and asked me to change a cheque. It was only endorsed "Mr. Hardy." I told prisoner he must endorse it,"J. Hardy." I brought pen and ink and he endorsed it. I told him to call for the money on Tuesday or Wednesday, and the cheque was passed through the banking account in the ordinary way.
HENRY JAMES HOOTON , Walmer Castle public-house. On Tuesday, the 30th, prisoner came in and asked me for some money. I sent him to find Willett, and when they came back together I paid prisoner £4 5s. 6d.
GEORGE COLE , Detective-Sergeant, X Divison. On March 16 I arrested prisoner in North Kensington, and told him he would be charged with stealing a cheque for £4 5s. 6d., and with forging the endorsement. He said: "I did not steal it and did not forge it. I admit cashing it. A man asked me to cash it for him, as it was too late for the bank. I took it to the 'pub.' When I took the money on the Tuesday I handed it to the man," When he was subsequently charged at the station he said: "I know nothing about it."
At prisoner's request, the Complainant read references from Messrs. P. G. Browne and Walter Browne, builders, Walmer
Road, Mr. A. E. Symes, Clarendon Road, Notting Hill, and Mr. E. W. Lerande, Clarendon Road, Kensington.
PRISONER (on oath). On January 27, between 9 and 10 a.m., I was standing outside the Kensington Park Hotel, Ladbroke Grove, when a man I know by sight only came up and asked me if I was doing anything. I said: "No, not to-day." He said: "Would you mind taking this into the bank for me." I said, "What is it?" He said ft was a cheque he had had sent to him in payment of work which he had done. I said, "Is it all right?" He said, "Yes." I took it into the London and Southwestern Bank, and the clerk told me it would have to go through a bank, and that it did not require "Mr." on it. I told the man what the bank clerk had said and gave him the cheque back. He afterwards came to me again and said, "I have made it all right now." I asked Willett where I could get it changed, and that is how I came to go to the Walmer Castle. I did not write anything on the cheque, and the writing on the cheque is not mine.
Cross-examined. I do not know where the man lives or his name. I only knew him by sight. I could not give a description of him, but he looked to me as if he was a painter or something in the building line. I do not know whom he works for. He was away with the cheque about half an hour. I can write (At the request of counsel, prisoner wrote his name and Mr. Hardy underneath it.) What young Mr. Hooton and Willett have said about my writing on the back of the cheque in a public-house is untrue. What I got out of the job was about 3s. I took no further notice until the police came upon me two months afterwards. I thought it was all genuine. During those two months I was working on and off for Mr. Browne, 117, Walmer Road.
Verdict, not guilty.
OLD COURT, Tuesday, April 3.
(Before Mr. Justice Lawrence.)
Mr. Arthur Hutton and Mr. Herman Cohen prosecuted, Mr. Rt Wallace, K.C., Mr. L. S. Green, and Mr. Hinde defended.
At last Session the jury disagreed.
(Wednesday, April 4.)
Verdict, not guilty.
NEW COURT; Tuesday, April 3.
(Before Mr. Recorder.)
Mr. G. L. Hardy prosecuted.
JOHN RALPH , 799 City Police. I was on duty in Monument Square on the afternoon of the 8th. At about 3.45 I saw prisoner Gray, who was one of a gang of men carrying oases of oranges from Fresh Wharf to a warehouse in Pudding Lane. He rested the case on the tail board of a railway van, and said to me: "I am going to have a blow." Shortly afterwards he put the case on a pony-barrow and walked away. Being rather suspicious, I made inquiries and kepi observation on the case. About half-past four I walked out of Monument Square to Fish Street Hill, and on returning in a few minutes I saw Johnston leading a pony and cart with the case of oranges. I asked him if the case of oranges belonged to him. He said yes, and that he had bought it of Messrs. Keeling and Hunt. Not being satisfied with that statement, I took him to the station. On the way he said: "I have been a dupe. I bought that case of oranges of a man in the Canterbury public-house yesterday, giving him 7s. 6d. and 10s. this afternoon." I returned to Monument Square and saw Gray. I said to him,"You are the man who put the case of oranges on the pony-barrow." He said: "I took my case on to the warehouse." I then took him to the station. I have known Gray several years, and have no doubt he is the man who put the case on the barrow.
CHARLES SIDNEY SHELLEY , foreman to Mr. Adams, fruit broker, I identify the case of oranges as the property of John Adams. Its value is about 18s. I know Gray, who on this particular day was working for the Orange Porters' Society. The oranges in the ship were consigned to four brokers, and came from Valentia and various other ports of Spain.
To Johnston. No other firm uses the same mark that we use. The case had not been sold by auction, and would not be opened until the following Monday. If the case had been in the ware-house that would have been shown by a private mark upon it.
CHARLES WILLIAM YOUNG , costermonger, 67, Customs Street, Hoxton. I remember sending a pony and barrow to prisoner, Johnston. It was on a Thursday, between two and half-past. I was to have it back at seven o'clock that night.
JOHNSTON (Not on oath). On the evening before this Thursday I went down to Thames Street, and while I was in a public-house a man showed me a receipt for twenty cases of oranges from Keeling and Hunt. I said I could do with one case. I paid him 7s. 6d. and told him I would come down the following
afternoon and pay him another 10s., when be had got me the case of oranges. On the following day I came down and put the pony and cart on the rank and bought some fish, which I had when arrested. When I came back the case of oranges was on the cart, and, naturally enough, I thought it was the case I had bought. I had never seen Gray until he was placed beside me in the dock.
GRAY (Not on oath). I am absolutely innocent of this, and if the constable saw me do this thing at the Monument, why did not he apprehend me there and then, because after this case was "pitched," by all accounts, I am still at work carrying. This man Johnston I do not know. I know nothing about his being locked up with the pony-cart and the box of oranges. I was still carrying when a man came up to me and said, "Bill, they are going to 'pinch' you for 'pitching' that case." I said, "What case?" He said, "The case of oranges 'pitched' in the pony-cart." I said, "I know nothing about it." I afterwards walked up to the police-constable and said, "Do you want met" The mark on the box I carried was "Raymond Gill."
Verdict, Johnston, Guilty; Gray, Not guilty.
Johnston also pleaded guilty to several previous convictions, including a sentence of five years' penal servitude. This expired in 1897, and the Recorder, taking into consideration that he had since been living honestly, sentenced him to nine months' hard labour.
Mr. J. F. Vesey FitzGerald prosecuted.
GEORGE HENRY NEWBOLD , clerk to H. Nicholson and Co., Suffolk House, Cannon Street. In December last I was employed by Mr. Joseph Atkinson, 14, Love Lane, E.C. On December 11 last prisoner came as clerk to Mr. Atkinson. On December 20 he absented himself without leave. I next saw him at half past seven on the morning of the 21st. I walked into his room and saw that the fire had been lit. I asked him who had lit the fire, and he said that he had. The second man in charge told him not to do any work until Mr. Atkinson arrived. Prisoner sat by the fire till about five minutes to nine when he suddenly rose, and said he was going out to breakfast, and would come back in an hour's time. I did not see anything more of him until March 17, when he was in custody at the Mansion House.
To Prisoner. There are two offices adjoining one another, and workmen are constantly going up and down the stairs, some of them coming as early as half past four.
Re-examined. Workmen are not supposed to have the run of these premises.
HORACE EDWARD ATKINSON , fish salesman, 14, Love Lane. On the morning of December 21 I arrived at Love Lane it quarter past five. At half past I went into my office on the second floor to change my clothes, which I hung up in the usual place. I left my purse, money, and keys. The purse, which was in the right-hand pocket of my trousers, contained £7 is gold and some silver. I then went down into the warehouse to start work. I went up to the second floor office again between one and two o'clock, and when I had changed my clothes I found I had neither puree nor money. I told my father, and the police were fetched.
To Prisoner. Access cannot be obtained to the second floor offices without passing the boy at the bottom of the stairs or my uncle's office. Until the clerk comes at seven o'clock nobody has any right in the office. There are about a dozen men in the warehouse, but they have no call to go upstairs.
FLORENCE GIBBS , single, 86, Westland Road, Battersea. I have known prisoner three yean. I saw him on the morning of December 21 last, between nine and ten, He showed me a purse with £7 and some shillings in. He said he had drawn the money from the bank. Since the previous day he had shaved off his moustache and had on a new coat, a new collar and tie, and a new bowler hat. He said he had a day off. He stayed at our place a fortnight, not as a lodger but at a friend. There was trouble with my young brother because prisoner accused him of trying to rob him. Prisoner told me he had thrown the purse over one of the bridges, and remarked that it would cause no more trouble.
To Prisoner. You promised to marry me on January 14, but I did not come up to your house and make a row and sty that I had been to Mr. Joseph Atkinson, and would put you where I could look at you.
To the Recorder. When I heard that Mr. Atkinson's son had lost his purse and money I went to Mr. Joseph Atkinson and told him what I knew.
JOSEPH ATKINSON , fish salesman and merchant, 14, Love Lane. In November I advertised for a junior clerk, and subsequently received a letter from prisoner stating that he had an excellent reference, and I finally engaged him. He came to me on Monday, December 11. On the following Wednesday he did not come to business, so I told my clerk I should' like to see him before he commenced his duties on Thursday morning, but he went away before I came.
By Prisoner. My brother and the two clerks, Mr. Newbold and Mr. Bridge, were constantly in and out of the offices. The door of the office it always open, and anyone can go in and
out, but the office is never left. The salesmen are not allowed to go into my office at all.
WILLIAM NEWELL , detective sergeant, City Police. On December 16 I proceeded at nine in the morning to Wandsworth. Road with Detective Collings. I found prisoner asleep in a bedroom on the first floor. I told him we were police officers, and were making inquiries about a purse and some money stolen from Mr. Horace Atkinson at an office in Love Lane, where prisoner had been employed as clerk. He said, "I know nothing about it." He got up and dressed, and we went to the City and saw Mr. Atkinson, who charged him with the theft. Prisoner again said he knew nothing about it, and at the station he said, "It is a false charge in reference to the money."
PRISONER (not on oath). I simply say I am not guilty. It is through this young woman, Florence Gibbs, that this charge has been brought against me. I promised to marry her on January 14 last, but, finding her in bed along with her father, I refused to marry her. Since then I have been trying to keep out of her way, but cannot do so, as she has been bringing men to the house and threatening to give me a hiding. They come all the way from Walworth Road to Wandsworth to annoy me every night. She has said she was going to put me where she could look at me and make me suffer for what I had done to her.
EDWARD JAMES POWELL , smith's mate, 102, Wandsworth Road. Florence Gibbs has been continually coming to our house since Christmas, annoying prisoner and bringing fellows up to knock him about. Prisoner has had to stop out late at night to keep out of her way. I remember one evening in March, as I was coming home from work, she was just leaving the gate with another fellow. I remember her saying that she had been to Atkinson's and would put prisoner where she could look at him. She has often threatened to bring fellows up from Walworth to give prisoner a hiding on account of some quarrel there was between them.
MABEL POWELL (prisoner's sister). Florence Gibbs came to 102, Wandsworth Road, with two fellows about March 14, and was holloaing and swearing. I remember prisoner being hit on the back of his head and having his hat broken.
ANNIE POWELL (prisoner's mother). I remember Florence Gibbs coming to the house, just before prisoner was charged, with two men, who knocked prisoner about. She also abused me. I remember her saying she had been to Mr. Joseph Atkinson's and was going to put me where she could look at me. She threatened me and wanted me to go out into the road and fight her, and she said she was going to try to injure my son because she wanted him to marry her. We have always been against him having anything to do with her, because
she is not a fit person. She said she knew what she could do if she went to Atkinson's, and she was going to punish him somehow or other. She said she would put him away. Her brother Frederick was with her and some other man; I think it was Gordon.
Cross-examined. Prisoner lived with me up to the time he was locked up, but he has sometimes been away for several nights together, staying with Gibbs, at I found out afterwards.
DETECTIVE-SERGEANT NEWELL. Prisoner obtained the situation with Mr. Atkinson by means of a false character. The letter was dated from 86, Battersea Rise, which is a newspaper shop, where letters may be delivered. A warrant was issued in respect of that charge, but if the fact is taken into consideration by your lordship, it will be withdrawn. I believe prisoner has been employed in a solicitor's office, but he has not given me the name and address.
Sentence, Six months' hard labour.
THIRD COURT; Tuesday, April 3.
(Before the Common Serjeant.)
WILLIAMS, Robert (24, labourer), pleaded guilty an January Sessions of larceny and receiving). The Common Serjeant said prisoner having pleaded guilty to stealing a macintosh after several previous convictions would have been sent for a term of penal servitude' but for a statement which hit lordship had personally investigated and found to be correct. As the Salvation Army had undertaken to find prisoner work he would be sentenced to two days' imprisonment.
Mr. Grain prosecuted; Mr. C. F. Gill defended.
Prisoner having given evidence on oath, the jury stopped the case, and returned a verdict of Not Guilty.
Mr. Hoffgaard prosecuted.
MORDECAI CUBITT COOK , 53, Castle Road, Kentish Town, retired civil servant On Saturday, July 15, 1905, prisoner represented to me that his father, with whom I am well acquainted, had obtained for him a situation in the Birmingham tram service, and that he had to commence Work oil Monday morning, but that he had not enough money to pay his fare, would I lend him the money to go down, and he would
return it in the course of the week. I believed his statement and advanced him 10s. I have never seen, him since.
Cross-examined. Prisoner told me he had had bad times and was hard up. He showed me a letter. I had never seen prisoner before, but I knew his father, and thought it was legitimate. I heard from one or two members of the Horticultural Society Committee, of which I am a member, that prisoner had made similar applications and obtained money from others. Mr. Dreuery was one of them. Prisoner told me he had got a situation.
JOSEPH THOMPSON , detective, X Division. I arrested prisonar on March 15. He said, "I do not know where the fraudulent pretence comes in. I borrowed it off him. Mr. Dreuery has known my father for five years."
FREDERICK HEAL (prisoner, on oath). I showed prosecutors a letter which I had received from Mr. Woods, of Birmingham, offering to get me a situation. On that they lent me the money, which I promised to pay back, but have not been able to do so. I stated I was hard up.
Prisoner pleaded guilty to having been sentenced to one month's imprisonment for embezzlement.
Sentence, Nine months' hard labour.
FOURTH COURT; Tuesday, April 3.
(Before Judge Rantoul.)
Mr. Lyne prosecuted.
JOHN LEGGETT seaman, staying at the Sailors' Home, Well Street. On March 10, about half-past one in the morning, as I was getting off a tramcar in East India Dock Road, two men set upon me; one got behind me and one in front, and the latter took all I had in my pocket, about 17s. in money, and the key, pencil, and knife produced. Prisoner is one of the men; the other ran away.
To Prisoner. Without a doubt you were the man in front who put his hand in my pocket and took the things.
across to his assistance and caught prisoner. While I was holding him on the ground he threw these three articles out of his pocket. I picked them up and gave them to the police. I held prisoner till the police came.
To Prisoner. I hoard some money drop, but I cannot say whether you or the other man dropped it.
To the Court. I am certain this is the man. I am ft labourer, mostly in the iron line.
GEORGE HONOUR , clerk, 27, Glen hall Street, Poplar. On this morning I was on a oar in East India Dock Road, when I saw prosecutor with a friend get off, and immediately after* wards prisoner got off. I turned round on the tram and saw them struggling on the ground. I went and caught the prisoner as he was running away; I heard something drop that sounded like money; I told the police at the station, and they went back and found the money. Last witness is a stranger to me. Prisoner may have been drinking.
To Prisoner. While you were on the tram I cannot say that you were under the influence of drink, but you acted rather suspicious.
RICHARD JACKSON P.C. 819 E. On this morning I was at the corner of Dove Street, East India Dock Road. I heard cries of "Police!"and saw prisoner crossing the road, followed by the last two witnesses; they stopped him, and I came up and took him into custody. At the police court prisoner said to the magistrate,"I plead guilty to being concerned in robbing him."
ALBERT HAYWARD P.O. 355 K. Hearing cries of "Police!" I went to the spot where prisoner was being detained by last witness. I looked round and ear a half-crown and a sixpence lying in the road; I picked them up and took them to the station. The man Gurry I know as a hard-working, respectable labourer.
PRISONER (not on oath). I was under the influence of drink, meeting with a friend. I happened to see prosecutor, and I asked him to have a cup of coffee; I mistook him for the friend I had been drinking with all day. I do not remember anything else.
Verdict, Guilty. Prisoner pleaded guilty to a conviction at this Court on November 16, 1903, for larceny, in the name of Patrick Sullivan. A long list of other convictions was proved. Sentence, Three years' penal servitude.
Gurry was allowed £3 as a reward for assisting to capture prisoner.
QUINTON, Charles Henry (44, carpenter), pleaded guilty to feloniously embezzling £80, received by him for and on account of his employers, the trustees of the General Union of Operative Carpenters and Joiners. Six months hard labour.
JONES, William Frederick. Found guilty at February Sessions (see Vol. CXLIII., p. 762) of obtaining goods by false pretences, and released on his own recognizance. It was now stated that he had in fact left this country. His recognizance's were discharged.
COHEN, Alexander. At last Sessions (see p. 190) found guilty of unlawfully obtaining credit by false pretences; on the trial of a second indictment, for stealing certain goods of Ernest Stanger, and feloniously receiving same, the jury disagreed. The prosecution now elected not to proceed with this second indictment. A jury having been sworn, and no evidence being offered for the prosecution, a verdict of Not Guilty was entered. The police stated that prisoner had been for some time working with the man Hyman (see p. 192), and had obtained goods and money from a number of people. Prisoner pleaded for leniency; his father would undertake to find him a situation, or he would go to South Africa. (Thursday, April 5.) Released on recognisances of himself and father to come up for judgment if called upon.
OLD COURT; Wednesday, April 4.
(Before Mr. Justice Lawrence.).
DULAKE, William Edward (28, bill-poster), pleaded guilty to wounding Ellen Dulake, with intent to do grievous bodily harm; to another indictment, for feloniously wounding Ellen Dulake with intent to kill and murder her, prisoner pleaded not guilty, and this was not proceeded with.
Mr. Herman Cohen prosecuted; Mr. Arthur Hutton appeared for prisoner.
Police said that prisoner was a respectable hard-working man, and nothing was known against him. A witness was called to speak of prisoner as a respectable man, of affectionate and peaceable disposition.
Sentence, Six months' hard labour.
OSBORNE, William (49, labourer), pleaded guilty to feloniously wounding John Blackman, with intent to do him some grievous bodily harm. The police gave prisoner a good character as a respectable, hard-working man. He committed the act on finding prosecutor in his wife's bedroom with his coat and vest off. It was stated his employers were willing to take him back in their employ whatever the result of the trial might be.
Sentence, 14 days' imprisonment.
KEEN, Richard (20, ostler) . Feloniously wounding Louisa Hutson, with intent (1) to kill and murder her, and (2) to do her some grievous bodily harm. Prisoner pleaded guilty to the second indictment of attempting to kill himself.
Mr. J. F. Vesey Fitzgerald prosecuted.
MATHIAS WILLIS (36, Y Reserve). About 10 o'clock on March 5 I was called to 55, Wilberforce Road, and saw the prisoner outside the house. He said, "It is all right. I done it, I stabbed her with a knife. I meant to cut her throat, and I meant doing her in, as she has ruined my life. I meant killing her. I threw the knife away" I at; once took him to Louisa Hutson, the prosecutrix, in the Wilberforce Road. In the presence of the prisoner she said, "I went out to post some letters, and this is what he has done for me," showing me her cheek and her left hand. I said he would have to come to the station, and I took him. At the station the charged him, He made no reply.
LOUISA HUTSON , domestic servant, employed at 55, Wilberforce Road, Stoke Newington. I have known prisoner about six months. I was keeping company with him. I received many letters from prisoner. This one handed to me it the one I received when we broke off our friendship. (Exhibit A.) "No doubt you will be surprised when I tell you that I have found out why you broke off our friendship. All those tales you told me about your mistress burning those letters and making you give me up is nothing but a lot of lies which you told just to hide that dirty crafty action you committed which was to get all you could out of me, and then say you was compelled to give me up. I knew that you were telling me a lot of lies all the time. You was acting the part of my sweetheart which you acted very good, but I did not say anything them because I loved you, and thinking you loved me which was a mistake, as when you told me that you could not keep company with me you seemed so pleased, which made me make a few inquiries which revealed the true state of affairs. No doubt you did not want me to speak to your brother because I might have found out more than you wanted me to. It is just another instance of what purposes a girl like you can put her ill-natured beauty to. But every dog has its day, and the sooner you have yours the better because I would not like to see other chaps served the same as me and that other sweetheart of your have. When I gave a week's notice Miss Hirst asked me what it was for, so I told her all about it. So she gave me a bit of advice, and it was well for you that I listened to her, or you would have been exploring the depths of hell by now, which it the only place fitted for such as you. I have returned you your photo. As to ever wearing it, I would be insulting my sweet heart, who is more worthy of me than you was. At one time I loved you with all my heart, but when I found out the truth I hated you worse than poison. As I finish this letter I forget that I ever knew you, and I hope that your guilty conscience
will ever be a burden to you." On March 5, about six weeks after receiving that letter, I went out in the evening to post a letter for my mistress. On my way I saw the prisoner, and crossed over to the other side of the road. On my way back he came over to me and said, "You are just the very one I want." I said, "I must not be a minute," and walked on. He came by my side, and I stopped. I said, "I cannot stop out here all night," and walked on. He caught me up and stabbed me on the left breast, throwing me to the ground, striking me on the back several times. I found I was bleeding from the neck and hands. I produce the bodice I was wearing on that occasion. (Shown to the Jury.) The cuts in the dress were not there when I went to the post. The doctor saw my wounds and attended to them. I was wounded on the left cheek, and have the mark still; I had also one wound on my hand and one on my back, on my left breast, and on my arm. Those are some of the wounds I received. Prisoner asked me if I had had certain letters from him, and I said yes.
Cross-examined by prisoner. I was afraid of you. You had not done anything, but I thought your looks were very peculiar.
By the Court. That was before I gave him up. He did not always look peculiar. I thought he had a bad temper. I had walked out with him for six months.
By prisoner. I had not been walking out with you longer. You used to think I was your sweetheart, but I was not.
By the Court. I told him that my sister said she would not have anything to do with me if I went with him. I made an excuse about my sister. I said my mistress made me burn all his letters, and that she said he was not fit for me. That was another excuse. He always treated me well. He had been working as a groom, with a horse-keeper.
By the prisoner. I did not like to tell you I was frightened of you. I thought you were very nice, because you bought me a fur before I went out with you.
LESLIE DURNO Divisional Surgeon, N. Division, saw complain ant on March 5, about 11 p.m. She was suffering from a deep incised wound, about an inch long, across the left cheek; one abrasion over the left cheekbone; one incised wound over the left side of the neck; one punctured wound on the left side of the scalp; three abrasions on the left wrist; two incised wounds on the left middle finger; one deep incised wound an inch long in the palm of the left hand, near the thumb; nine wounds scattered over the upper part of the back and shoulders, three of which were severe contused wounds, and six punctured wounds of not very great gravity; own incised wounds on the skin of the upper part of the left' arm; and one punctured wound over the left breast, making 22 wounds altogether. The girl was very faint and complained
a good deal of pain in her back, and I recommended her removal to the infirmary. The wounds had been recently inflicted, and could have been caused by the knife handed to me. It is a very blunt knife and very great force must have been used; in fact, the blade is bent. I examined her clothes and found several tears and rents, corresponding to the wounds beneath. The wound in the cheek was serious, as also the one on the palm of the hand.
By the Court. Prisoner was suffering from the effect of opium poison when I saw him. He had taken a poisonous dose, and had to be kept walking the whole night to keep him alive.
JAMES LEWIS 729 N. Division. About 10.15 p.m. on March 5, in consequence of instructions received from. P.C. Willis, I went to Wilberforce Road, and found the handle of a knife, which I produce, on the looping of a wall at 43, Wilberforce Road. The blade was not there. No. 43 is not man £ yards from the post-office where the girl went.
ALFRED REEPE , 132, Fonthill Road, Fins bury Park, 15 years of age. On the night of March 5 I found this knife-blade (produced), with bloodstains on it, in the Wilberforce Road. It was then as it is now.
EDWARD HIRST , 10, Hampden Road, Hornsey, contractor. Prisoner was in my father's employ about two years, up to the time he was arrested. I recognise this knife before me. I am not sure whether it has been cleaned. It was rusty when I saw it last. This piece was broken, but the handle was not broken, so far as I know. I saw it last about a week or a fortnight before March 5. I handed it to prisoner, with knives of all kinds, some of them heavy, to clean.
By the Court. Prisoner was very steady and punctual.
LIZZIE HIRST , 285, Green Lanes, spinster. Prisoner was in my father's employ, and about the end of January he told me he wanted to speak to my father, to give notice to leave. I asked him why he wanted to leave. For some time he would not tell me, but at length he said he had been keeping company with Louisa Hutson, and Mrs. Munro, her mistress, had put a stop to the acquaintance. He assured me he had done nothing to cause her to do so. I told him it was a very silly tiling to give up his situation, and that, if he waited till July, in all probability, if the girl was sincere towards him, he would be able to have her without anybody interfering at all. He had told me her time was up with her mistress in July. I advised him to wait and forget his troubles for the time being, and he said he would try to get on with his work and wait till July
came along. I wanted to know whether the girl was sincere towards him, and he gave me a letter from her, which indicated that she was very infatuated with him. A fortnight afterwards I asked him,"Are you feeling better, Dick?" and he said, "I'm pretty well now, miss, but I have discovered that Louisa Hutton has acted very deceitfully towards me, and I don't want to have anything more to do with her at all." He said she was a "wrong 'un."
By the Court. During the last fortnight before this happened he used to forget things. He has been with us two years this June, and has always been punctual and thoroughly honest and straightforward—a good servant.
By Prisoner. You were ill a week before this. You seemed very depressed and thoroughly upset, and I thought it best for you to go home, and I sent you home that day to see if you could cheer yourself up and pull yourself together.
By the Court He was upset because he had been deceived, and had spent all his money and given the girl no end of presents, and she had acted thoroughly wrong towards him.
ROBERT SHARP (Detective-sergeant, N Division). I was on duty at the station at 11 p.m. on March 5. While Dr. Durno was dressing prosecutrix's wounds on the face she kept complaining of pains in the back, and prisoner, who was sitting at the table, said, "Tell the doctor to be sure to examine her back, because that is where I have stabbed her." Shortly afterwards he commenced to vomit, and I said."What is the matter with you?" He said, "I am very bad; I have taken some poison. I had six-penn'orth of laudanum. I drank that after I had stabbed her." Shortly afterwards, when the doctor came into the charge-room, he asked whether the wounds were dangerous, and the doctor said, "No, none of them were dangerous." Prisoner said, "Thank God for that!"
Prisoners statement before the magistrate."I do not understand half that has been said."
RICHARD KEEN (prisoner, not on oath). A few days after I had spoken to my mistress about Mrs. Munro stopping me going with Louie, I met Louie and she passed right by me. She would not look at me, and she made me very wild. When I got home I sat at the table and thought of these different things—the way she had spoken to me when she threw me over, and all the things that had happened, and I wrote that letter. I can explain anything that I wrote. She told me her mistress used to keep her in late so that she could not meet me. As her mistress had told her I would make a nice sweet heart for her if I did not go too far I thought that must be lies. Then she said her sister said she would have no more to do with her if she did not break off acquaintance with me. I thought to myself,"Her sister has never seen me yet." I told Louie that when she said her sister said I was not fit for her.
She said she had shown her my photo, and she thought I was very ugly and not a fit companion for her. The threats in the letter were only said to frighten her. I never thought of doing anything. Then I kept brooding and thinking of it, and I was run down in health and strength, and hardly knew what I was doing after that. I gave up all my friends and everything just on purpose to be with her. I should like to call Louie's sister—I do not know her name—to ask her why she said I was not fit to be with her.
(Evidence for defence.)
MRS. ALLEN, sister of prosecutrix, examined by Prisoner. I did not tell Louie that you were not fit to be with her. I said I did not care about the appearance of the photo. (Photo represented prisoner in boxing attitude.) I wanted to see you to find whether you were a fit young man for her to keep company with. All I said against you was that I did not like the appearance of the photo—the position. I did not say I would have nothing more to do with her if she went on with you.
MRS. KEEN, prisoner's mother. He once had a terrible blow on the head, and when he loses his temper it seems to be more than he can do to control himself. I produce a letter from prosecutrix to him, before the acquaintance was broken off. (Letter stated she hoped to see him in the best of health, at she was at present, and that she was his fondest loving sweetheart, Louisa. In a postscript she said she was going to a party.' and that she stall loved him.
Verdict, Guilty on second count, of intent to do grievous bodily harm, in an uncontrollable fit of temper and excitement. Sentence, Four months' hard labour; one month for attempted suicide; to run concurrently.
NEW COURT; Wednesday, April 4.
(Before Mr. Recorder.)
PLEYOULT, George (44, master mariner) . Indicted under Section 27 of the Forgery Act, 1861, with feloniously forging and uttering, with intent to defraud, a document intended to be used as evidence in the High Court of Justice, purporting to be a certified copy of a foreign telegram, on March 13, 1906. Prisoner pleaded guilty of uttering. To a second indictment for a similar offence on another date, prisoner pleaded not guilty.
Mr. Arthur Hutton prosecuted; Mr. Charles Mathews appeared for prisoner.
The case having been shortly opened by Mr. Hutton, Mr. Mathews pointed out that prisoner had never used the document in question to deceive a court of justice (the real mischiefaimed at by the section); in fact, he had not used it at all; and that no harm had been done to anyone but prisoner himself. He had had a long and successful career in the merchant service. If his lordship could take a lenient view of this matter, and treat the offence as of a stupid rather than a criminal character, prisoner could within a few days get command of a ship, and would no doubt retain the admirable reputation he had always held in his profession.
Without calling for the evidence as to character tendered by Mr. Mathews, the Recorder said this was clearly a case in which he was justified in releasing the prisoner on his own recognisances in £100 to appear and receive sentence if called upon.
Mr. T. R. Sydenham-Jones prosecuted.
CONRAD MCINTOSH BROWN , traveler to George Robert Brown, 3, Jewry Square. The mat in question was safe in our premises at 1.30 p.m. on March 20; it was missed about quarter to two; Mann and I went out after it; we caught prisoners in Crutched Friars. Campbell was carrying the mat in a sack; Mann said to him,"You have got our mat "; he immediately dropped it, and said he would not run away; Smith ran away; he was (pursued and captured. The mat produced is our mat; it has our name on it; it is worth about 35s.
To Campbell. You did tell me that the other prisoner had given you the mat to carry; you waited with me while Smith was chased; you went voluntarily to the station.
To Smith. I never saw you with the mat; you ran away.
WILLIAM MANN , warehouseman to G. R. Brown. I went with last witness, and came up with prisoners in Crutched Friars. Campbell was carrying the mat, Smith walking by his side. Campbell dropped the mat and said, "I shan't run away "; he stopped; Smith ran away.
THOMAS WILLIAMS (City Police, 767). I was in Crutched Frairs on March 20. I saw one of the prisoners, I cannot say which, drop the mat. Smith ran away towards Savage Gardens. I followed him and caught him up in Trinity Square and arrested him. On being charged at the station he said, "I was not carrying the mat, the other man was carrying it." Campbell made no reply. Before the magistrate each prisoner said, "I wish to say nothing."
CAMPBELL (prisoner, on oath). I have been living at a common lodging-house, 37, Stepney Causeway. Smith was a stranger
to me up to Sunday, March 18, when I met him at a night shelter. I next met him on Tuesday, 20th, in Stepney Causeway; I told him I was doing no work; I agreed to go for a walk with him. He said he could put me in the way of earning a shilling, as he had a lot of experience at rubber mats and one thing and another. When we came to this warehouse he made a rush in and told me to wait outside. In a few seconds he came out with a parcel wrapped up in some canvass sacking, and told me to put it on my shoulder and follow him. He was walking a short way in front of me, when I was tapped on the shoulder by Mann. Mann said, "What are you doing with my mat?" I said, "Is this yours? This man has just given me a job to carry it for him. I told him I would remain with him while Smith was captured, as he ran away almost directly. I stopped till then and went to the station with Mann. There I was charged, not with stealing, but with being concerned.
Cross-examined. I saw Smith go into the place and come out with the parcel. I never thought of looking at it. I did not know it was a mat at the time.
SMITH (prisoner, on oath). I have no fixed abode; I am a painter and decorator. The other chap and I went out on the Tuesday morning to look for work. When we got to this place the mat was at the door rolled in a sack. I picked it up and put it on Campbell's shoulder. He saw me pick it up; he offered no objection, and we both walked away. Campbell knew every bit as much about it as I did.
CAMPBELL. This man was an utter stranger to me up to that Sunday morning, and I have been in no way connected with him or with bad company. I have never been placed in the dock before. I did not know his real intentions.
Verdict, guilty. Police proved a number of convictions against Smith, mostly for stealing rubber door mats; nothing known against Campbell. Sentence: Smith, 18 months' hard labour; Campbell, 9 months' hard labour.
MOORE, George (22, tinsmith), and HYAMS, George Thomas (21, hawker) . Both feloniously causing grievous bodily harm to Raphael Sepe, with intent to maim and disable him, and to do him grievous bodily harm.
Mr. Greenfield prosecuted; Mr. Wilfrid Ford ham defended Hyams.
JOSEPH MENALLS (through an interpreter), 14, Clifton Terrace, Holloway, an Italian, ice-cream and baked potato vendor, was in Fonthill Road with his baked potato barrow on March 7 about 11.30. Sepe was with me, also with a barrow. We were wheeling them along the road. Some men came along and threw over my barrow. I identify the prisoners as of the party. The shafts struck me on the leg. I pulled out the piece of iron I use for forking up the fire and ran after the
men. On seeing me with it Hyams ran away. They did not strike me and I did not strike them. I simply wanted to know why they had turned over my barrow. I did not see them following Sepe. While I was turning round I received a blow at the back of the head which felled me to the ground. Hyams struck that blow. When I got up I whistled. They all ran away and got round my friend. Some of them threw over his barrow, and the others struck him in the eye. I could not see for certain who it was, but one of these two threw the barrow over. The two standing in the dock are those that threw the barrow over. I cannot say who struck my friend in the eye.
Cross-examined. I was not close enough to see which one struck him in the eye. There were 12 or 15 men. I forgot to say at the police court that they were all acting together and had their belts in their hands. I had never seen any of them before. It was at the same time that they overturned the barrow that they asked me for potatoes. There were so many there with their belts that I took out my poker. I simply waved it round and round to frighten them. They struck me three or four times with their belts. I did not wish to strike them as I was afraid of getting; into trouble. Sepe had not stopped. He was still going along towards home with his barrow. He was some distance away. I was walking backwards and looking out that they did not strike me.
Re-examined. No sooner was Sepe struck than he cried out, and I then rushed towards him, and then ran after the men and called a policeman.
RAPHAEL SEPE (through an interpreter), 14, Clifton Terrace, Holloway, baked potato vendor. About half past eleven on March 7 I was pushing my barrow in Fonthill Road. I was with my friend Menalls. He was going on in front A young fellow came up and said "Stop, stop." He was followed by a band of 10 to 15 other fellows. They first upset my friend's barrow. The prisoner nearest to me (Hyams) was with them. Seeing things were turning out badly I pushed my barrow along and tried to escape. While I was doing so I felt a sudden severe blow in the eye, and turning round at once I saw this man immediately behind me. The other prisoner (Moore) caught hold of the barrow and turned it over. I called out "I am murdered," and my friend called for the police. My eye was bleeding. The men ran away. My friend and myself followed them, and the police came up from the other side and stopped them. I charged them with assaulting me. I was taken to the hospital, and my eye has had to be removed. Also the other eye is lost; I cannot see.
Cross-examined. There were 10 or 15 men round the barrow, but that man was the leader of the band. They were all round my friend first, and I then tried to escape. Only these two followed me. I said before the magistrate,"They
stopped me and surrounded me, and all at once I felt a blow in the left eye." That is quite true. They were all round me at first, but I tried to get away. When I felt the blow and looked round there were only those two. The others were 10 or 12 yards away from me, and when I cried out,"I am murdered," they took to flight. Only those two were captured by the police. I felt very severely hurt by the blow, and put my finger in the hole which was made. I saw with the other eye quite well. I received a blow in a treacherous manner from behind. I did not see anything in his hand, as I at once put my hand to my eye. I have been for nearly 11 years in Holloway Road and Seven Sisters Road, and round there, and I have seen that man very often. I have never had a quarrel with him or done any wrong to him.
MATHIAS WILLIS , 36 Y Reserve. I beard this disturbance at 11.30 on March 7, when on duty in the Seven Sifters Road. I heard a cry of "Police" and heard a whistle. I saw the two prisoners in front of a crowd of people running. They turned into St. Thomas's Road. I lost sight of them there. From what I learned I went back and saw Hyams come out of the front garden of 3, St. Thomas's Road. I arrested him. He said, "What's up?. I have just been seeing my wife. She is very heavy in the family way. I do not know anything about the job. I do not know what you have got me for." Then Moore came up and said to Hyams,"You know nothing about me, do you? I am a stranger to you." Hyams said, "Yes. I saw all this and got pinched for helping a man out of trouble." Then Menalls and Sepe came up and said, "These are the two men." Both of them together said that. Sepe said, "Those are the men." They spoke a little English, and I understood what they said. I said, "Do you hear that? I will take you to the station." When charged they said they knew nothing about the job.
Cross-examined. The whole crowd of young fellows were running away following these two who were leading. I am on duty in the neighbourhood, but I did not know any of them. From what I heard I went back and saw Hyams coming out of the front garden, and, looking very suspicious, I detained him I did not arrest him when he was running away; I lost sight of him. Somebody else arrested Moore. When prosecutor and his friend came up I had both men in custody and nobody else. The only men the Italians saw in custody were those two When they saw them they said, "That is the one that has done it." I know nothing about Hyams. He has never been in trouble of any sort before, and is a perfectly respectable man of his class, so far as I know. I know nothing about any of them.
OLD COURT, Thursday, April 5.)
ALFRED GATER (P.C. 158 Y). I arrested Hyams on March 7. On the way to the station he said that his wife asked him to go and buy a potato. When he got close to the man a gang of roughs threw the can over. He said, "That is the worst of mixing up with the Campbell Road gang; they always get you into trouble." He was taken to the station and charged. He said nothing else that I heard.
Cross-examined. I arrested Hyams about 20 minutes after the prosecutor was injured. At that time he had no weapon about him.
MICHAEL JOSEPH BULGER , Divisional Surgeon, Y Division. I saw the injured man soon after 12 on the night of March 7. He was suffering from a severe contusion and black eye. The eyelids were very swollen, and on raising the eyelids I found the eye was collapsed. I ordered his immediate removal to the hospital, and he was taken there. His eye has since been removed. He said the sight of his other eye has always been defective. Apart from that, there is always a probability of sympathetic ophthalmia setting in. The removal of the eye was with a view to preventing that. The injury could not have been done with the fist. I thought it was the buckle of a belt drawn across the eye.
Cross-examined. There was no other mark across his forehead or the lower part of his face. The buckle of a belt could come round from behind and catch him on the eye. He could not have got that blow from behind with a stick or anything like that. The blow must have caused intense pain at the moment. He would have been dazed.
JOSEPH MENALLS recalled by the Court. There were five or six disorderly youths when they overturned the barrow. The others had already run away. There were 12 or 15 at first. Three or four had belts in their hands, as they struck out at me. I did not notice whether Hyams or Moore had belts. I was protecting my face.
By Mr. Fordham. The belts were something like those policemen wear, with large buckles. They were not so large as P.C. Willis's belt, shown to me. They were smaller and squarer.
MATHIAS WILLIS recalled. When Hyams was taken to the station he had a belt round his waist, what I call a girth belt, with two or three very small buckles at the end, generally worn by horse-keepers, to keep his trousers up. He had braces on as well. He had been in the garden, and had had time to get rid of a belt if he had used it for a bad purpose. I have not got the bolt that he wore.
evening of March 7. He was suffering from a ruptured eyeball and his eye had to be removed. The operation was for the purpose of preventing sympathetic ophthalmia in the other eye, and we hope it will do so. Some force must have been used to cause the injury. It might have been done by a man's fist, but it is rather unlikely. It is more likely to have been done by the buckle of a belt.
MATHIAS WILLIS , recalled. Cross-examined by Mr. Fordham. Hyams has been in custody ever since I arrested him, and has not been out on bail. I saw braces on that night. So far as I know, if he had braces on then they must be with the prison authorities or else they are on him now. I am not prepared to swear he had braces on, but I think I saw them.
By the Court. If his only means of supporting his clothing was this belt and he had no braces on, his trousers would havefallen if he had taken his belt off. I will not be quite positive he had braces on, but I went through the ordinary routine and. took it the braces were there.
By the Jury. I did not see any bloodstains on the belt.
(Evidence for the defence.)
GEORGE MOORE (prisoner, on oath). I am a cycle-maker. I have been out of employment for 13 weeks, I had been drinking with Hyams and his wife on the night of March 7. We had had three glasses. I had struck an acquaintance with him the night previous. We came out of the public-house about 11.30, and I bade them good-night with the intention, of going home. I crossed the road to a urinal at the side of a large public-house, and on coming out I saw the police and the Italians running down the road towards Fins bury Park. They ran past me on the other side of the road. A few minutes after I saw a large crowd of people collected at the corner of the street just under the arch. I stayed at the coffee-stall drinking a cup of tea, and a few yards from the urinal. I heard somebody say there was a row on; I looked down the road, and then went to the corner of St. Thomas's Road, about 50 yards away. I made my way to the centre of the crowd, and taw Hyams there in charge of the constable. I was surprised, and went up to him and asked him what he was being looked up for. I do not think Hyams replied at all. There was so much row and shouting I did not hear at all. P.C. Willis asked me what I knew about it. I said, "I know nothing about this at all," and I asked Hyams to say whether I did or whether I didn't He said I knew nothing at all about it. The constable said, "Then you had better come too," meaning to the station, and I was taken there and charged. I saw nothing of the injured Italian until he came to the station. I was charged with' being concerned with Hyams in assaulting the prosecutor. I denied the charge.
Cross-examined. I saw no men with belts, and have no knowledge how the prosecutor's injury was caused. Sepe might have said that Hyams did it, and that "They were both there." It was in St. Thomas's Road he said that I did not hear Sepe say it there. I heard it at the station. I did not hear Sepe say at any time,"Hyams did it, and you were there." The man never accused me of it.
GEORGE THOMAS HYAMS (prisoner, on oath). I am a hawker, and have been a soldier in the 2nd Royal West Kent. I left on February 6, 1904, having been in the army five years and nine months. I was one year and nine months in South Africa, going out with the first lot of troops. No criminal charge of any sort or kind has been made against me before. I was discharged from the the Army with a good character. I am not in the Reserve. I got invalided from India for epileptic fits. I got a shilling a day, and they sent me up a letter to go before the Board of Inquiry at Chelsea Hospital to try to get it extended for life. On the night of March 7 me and my wife and Moore came out of the "Favourite" public-house at about 11.30. That is at the bottom of Fonthill Road. My wife saw the Italians going towards home with their baked potato cans. I had never seen them before in my life. I have only been in the neighbourhood about 11 weeks. My wife asked me to buy her a potato. I said "All right," and went up to the Italian, Menalls, and asked him for two baked potatoes, so that we could have one each. He turned round and told me he didn't have any baked potatoes. I said, "All right." I went on to the kerb again with my wife, and stood there talking to her. The Italian got into his barrow and walked up the street again. Moore turned round and said to me,"Well. George, I must see about going home." I said, "All right." We shook hands. He said, "I'll see yon to-morrow." I said, "All right." He left me to go home. I stood still talking on the kerb with my wife. Moore had left me two or three minutes, when the two Italians came running towards me each with a poker in his hand. They rushed to me, going to hit me over the head with it, and I bobbed down. They might have killed me if they had caught me. I turned round to see if they had happened to hit my wife with the poker, and they went to hit me again. I ran away, because I did not wish to get murdered by Italians with pokers. They followed me, shouting "Police." I do not know if Sepe had received the injury at that time. I did not notice the man's eye, because I was excited to get out of the way of the poker. I do not know anything whatever about the affair. I have no braces on. (Witness unfastened his coat and waistcoat to prove his statement.)
By the Court. I have been in custody ever since March 7. This belt is the one I keep my trousers up with. If I took it off my trousers would come down. It is not a canvas belt; it is
a paddy, which I was served out with when in Africa. I made it into a belt. I never took the belt off on that night. I could run with it off if I held my trousers up, but not rapidly.
By Mr. Fordham. I have never taken off my belt to use it as a weapon.
Cross-examined. I saw no policeman when I was running. I ran into St. Thomas's Road and into a garden to save myself being murdered by Italians with pokers. They were running after me. I was by myself; Moore was not with me. It was not the garden of the house where I live. When Moore came up to me he said, "What's the matter, George?" I said, "The policeman says he is going to take me into custody for fighting with Italians." I turned round to the policeman and said, "I know nothing about the affair whatever. I have just left my wife. All I know is that two Italians were going to strike me with pokers, which caused me to run away. I ran into a garden to prevent myself being murdered with pokers." Moore said to me,"You know nothing about me, George." I said, "No, not that I know of. I left you about three minutes before the Italians came up to strike me over the head with pokers." P.C. Willis is wrong when he says that Sepe pointed me out as the man, who had struck him in the eye and Moore as being with me at the time he was struck. Sepe did not say that I struck him, and that Moore was with me. I do not know what remarks the Italians made to the policeman. I could not understand their broken English. I did not see any men with belts. I had quite enough to do to look after myself and my wife. I have no idea how the injury was caused at all.
By the Court. I was outside the "Favourite" public-house, and know nothing about the men hustling the Italians and upsetting their barrows.
MICHAEL JOSEPH BULGER , Divisional Surgeon, Y Division (recalled). I saw the belt Hyams took off. In my opinion that belt is not likely to cause the injury to the prosecutor, because the contusion he had in his eye was very severe, and the belt is quite soft and there is no prong to tear the eye.
Verdict, Not guilty.
THIRD COURT, Wednesday, April 4.
(Before the Common Serjeant)
HOWELL, George (32, clerk), pleaded guilty to obtaining by false pretences from Luther James Channer a banker's cheque for £15 15s.; from Arthur Alfred Bergin a banker's cheque for £14 14s.; from Percy Tilden Stunt a banker's cheque for £7 14s.; from John Flinders the sum of £19 19s., and from Thomas Cadany the sum of £22 1s., in each case with intent to defraud; having been entrusted by the said persons with the said banker's cheques and money for a specific purpose did fraudulently convert the same to his own use and benefit.
Mr. Charles Mathews, Mr. Bodkin, and Mr. Arnold Ward prosecuted.
Prisoner, according to the statement of counsel, had been employed as a bandsman on the Union-Castle steamer Walmer Castle, and when he returned from South Africa on February 24 he proceeded to the Bedford Hotel, when he issued the following advertisement "Required for South Africa, smart, healthy young man as manager for gents.' outfitting store. Good salary. Excellent prospects for suitable man." Prisoner represented to applicants that he was agent for a firm of out-fitters in Durban, with branch establishments throughout the colony, and showed an agreement, under which applicants were to receive £25 per month to start with, rising to £35. As to the passage money, (prisoner represented that he had an arrangement with Messrs. Donald, Currie and Co. for a rebate on the fares, which, however, had to be paid in advance. In this way he obtained the sums mentioned in the indictment.
Twelve months' hard labour.
AUWERA, Michel Louis Van der (48, clerk), pleaded guilty to obtaining by false pretences from Mary Barnett the sum of £2 3s., from Charles Albert Augustus Wood £2 12s., from Alice Cooper £1 8s., and from Elisha Pulling a banker's cheque, value £1 18s., in each case with intent to defraud.
Mr. R. D. Muir prosecuted; Mr. Ernest Head appeared for prisoner.
Prisoner, when living at 94, Camden Street, Camden Town, in 1905, went to Miss Barnett (otherwise known as sister Daniel), the lady superior of the Marie Convent at Peckham, and stated that he had a daughter at a Protestant school, whom he was exceedingly anxious to place in a convent, He obtained a list of fees, and a few days later called with a cheque £2 3s. in excess of the fees required and obtained from the lady that amount upon a forged cheque. Thirty-seven similar frauds upon schools, colleges, and charitable institutions have been traced to prisoner. The forged cheques were in a form sold in books in France and Belgium In Belgium he has been convicted four times for fraud and twice for forgery, and in respect of his last conviction in April, 1903, extradition proceedings are pending.
Twelve months' hard labour.
Mr. Lyne prosecuted.
WILLIAM PRATT LONSDALE I am porter at the Bristol Hotel, Cork Street. On February 21, at about a quarter to four, I let the barmaid have the rings. I was on duty at the door near which we have a little bar. One of the customers came in, and the barmaid said, "Let Arthur have a look at the rings." I put them on the counter in front of the gentleman and the barmaid. I went outside, as I thought there was a cab coming up. I was standing on the steps, and prisoner came through the large bar into the small bar. In about a minute he rushed out with his hand like this (indicating). He said, "I am all right now," and ran round the corner. I thought it rather strange. The gentleman afterwards came out and said prisoner had got the rings. I' would not believe it at first. The rings were in a case, which prisoner left behind. Their value was £5. On 23rd prisoner drove up, to the Bristol in a cab, and I said to him,"What about those two rings you stole the other day!" He said, "What rings?" I replied,"The two rings that you stole from the small bar when the gentleman was looking at them." He said, "Why don't you get me looked up then?" and fetched a policeman. I told him I would see further about it, and the policeman went away. I communicated with the police on Saturday, the 24th, and about a fortnight afterwards saw prisoner in custody at Vine Street.
To Prisoner. I cannot say you seemed surprised at what I said; you had a cunning look on your face, that is all.
To Prisoner. I cannot swear it was you who pawned the rings.
SERGEANT BURTON, C Division. On March 8 I had prisoner in custody at Vine Street Station, and charged him with stealing the rings on February 21 at the Bristol Hotel. He said, "I thought they were the old gentleman's. I pledged them about ten minutes afterwards at Brooks, in Wardour Street, for, £2 10s. To prosecutor he subsequently said "I did not know they were yours or I would have redeemed them and brought them back."
ARTHUR CATFORD , Granville Road, Finchley. On February 21 I was in the small bar of the Bristol Hotel when prosecutor brought in the rings, observing,"These are something very nice. Have a look at them." While I was looking at them somebody came into the bar, put his hand over my shoulder, and took them out of my hand. The next thing I heard was the case snapped, and somebody said, "Put this into your pocket, old man, or else you will lose them." The young lady behind the bar said, "Just let me have that will you," and when she
opened the case the things were gone. I went out to the hall porter and said, "William, he has taken the rings, I believe."
To Prisoner. I stated at Marlborough Street I did not recollect having seen you before. I did not hand you the rings. I had no conversation with you, and you did not ask me to lend you some money.
LILY LINE , barmaid, Bristol Hotel. On the afternoon of February 21 I asked the porter to show Mr. Catford the rings, and as I was serving the drinks Mr. Hamilton came in and Catford showed him them. As he was looking at them he suddenly closed the case and gave it back. I did not see anything taken. Hamilton then went out. I said, "May I see?" Catford opened the case, and it was empty.
To Prisoner. You did not snatch the rings. You took them and looked at them under the light Catford handed you the rings in the ordinary manner. You told Catford to put the case in his pocket and take care of them.
PRISONER (not on oath). On the afternoon of Wednesday, February 21, I went into the small bar of the Bristol Hotel, and there saw Arthur Catford in conversation with the barmaid, to whom he was showing the rings. I said, "May I have a look at them?" and he handed me the rings. I then ordered a drink. I said quietly to him,"Could you lend me £3?" and he said, "No; see what you can get on these." I took the rings in my hand, handed him back the empty case, and said, "You had better put that in your pocket." With that I left the bar, and going out I had the two rings in my hand. I said to the porter, who knows me and knows my name,"I am all right now," and showed him the two rings. I then went to Brooks in Wardour Street where they lent me 50s. on them. On the Saturday afternoon I drove up to the Bristol Hotel in a cab to see Catford, intending to give him 50s. and the ticket, and tell him what had transpired. Immediately on arriving the porter caught hold of me and said, "You cannot go. Where are those rings you stole of me?" I was naturally surprised, and said, "I do not know what rings you refer to." He then said, "I am going to lock you up." I said, "If you are going to give me into custody I will fetch you a policeman." I found a policeman in Bond Street, and returned with him to the hotel, when the porter refused to charge me. Until the day of my arrest, about a fortnight afterwards, I was continually in the neighbourhood of the Bristol Hotel and about the West End. I only knew Catford by the name of Arthur. I stated at Vine Street Station that I pawned the rings for 50s., and if I had known them to be the porter's property I should not have taken them. I wish to say there was no intention of theft at all. If Catford does not remember speaking to me he would not remember telling me to pledge the rings. The idea of theft never entered my mind. If I had been guilty,
should I have gone back to see Catford within 48 hours and fetched a constable. I have frequented the neighbourhood all the time, and never kept out of the way. I can only say I am not guilty, and that is my defence.
Verdict, Guilty. Prisoner pleaded guilty to a previous conviction at Clerkenwell Sessions in 1903, and police proved a list of seven previous convictions.
Sentence, Eighteen months' hard labour and three years' police supervision.
A further indictment for stealing an umbrella was not proceeded with.
Mr. D. J. Lewis prosecuted.
LOUISA CLARK (who entered the Court on crutches). I am the wife of prisoner, and am living at my sister's, 6, Linford Street, Stewart's Road, Battersea. On January 2 I was living at 19, Belmore Street, Wandsworth Road, in a room with my two daughters. My husband had not been living with me since a fortnight before Christmas. On that morning I saw my husband between 10 and 11 o'clock. He asked me if I would go and have a drink, but he called me filthy names and I would not go. He came backwards and forwards from the public-house, insulting me. About one o'clock I went out to get some fish for dinner, He was then standing outside the "Britannia," and, to keep peace with him, I had one glass of mild and bitter with him. When I went back I went into the person's next door, and in consequence of what I heard I asked my little daughter to go and see if her father had gone upstairs. My other daughter, after she had gone back to her work at a laundry, came in to me next door and said, "Father has been and got me the sack." I then went up to my own room. My husband was sitting there, and I said to him,"What have you been up there and got her the sack for? How do you think I am going to live and pay my rent!"He got up and said, "I will show you how you are going to live, and pay your rent," and turned the drawers and table over. He picked up a knife and threw me across the bed and held me by the body. My daughter rushed in, and, after a struggle, got the knife away from him. I opened the window and called for help, and then I went out. I do not remember anything else until I was picked up and taken to hospital.
To Prisoner. I moved away before Christmas for peace, and you slept in the empty room. I had to get a policeman so that you should not interfere with us going to Linford Street. I had to get out of where I was living because of your carryings on. You tried to drive me out of my mind into the Asylum. You have not been a man to me for years. I told you when I
moved,"We cannot live peaceably together; we had better be apart." In 1897 I hit you with a glass in the eye, but that is nine years ago. I do not remember whether you pushed me out of the window. I was not drunk at the time.
LILY CLARK , dryer and folder. On January 2 I came home to dinner at one o'clock. When I went up to our room father was sitting. I asked where mother was, and he made no answer. I told him he had no business there. He turned the table on me, but it did not fall on me, and as I went out of the room he threw a bowl of water down on me and wetted my shoulders. After I had had my dinner and was going back to work I met father in the street. He said, "You have no occasion to go back to work. I have been up and got you the sack." I went up to see if it was true, and then went and told mother. She went indoors, and I followed her up. Mother asked him how he thought she was going to live, and with that he turned the drawers over. He picked up a knife and said, "I will show you what I intend to do." He threw mother across the bed and held over her with a knife, which I got away from him. He hit her ear and her mouth, which was bleeding. After I got the knife away, father let her go and went out on to the landing. Mother went to the window and screamed for help, and when he heard her open the window he came back into the room, got held over her with a knife, which I got away from him. He hit her ear and her mouth, which was bleeding. After I got the knife away father let her go and went out help, and when he heard her open the window he came back into the room, get hold of her legs, saying,"Here goes," and threw her out When I tried to get out of the room I found the door was locked. When somebody came and let (me out I went down to mother, who looked very bad and was bleeding from ears and mouth. she was taken to St. Thomas's Hospital the same evening. Neither father nor mother appeared to be in drink.
HARRY G. RIDDIFORD (Detective, W. Division). At 1.45 a.m. on January 3 I went to Albion Chambers, Wandsworth Road, which is a common lodging-house. I found prisoner in bed and took him into custody on the charge of causing grievous bodily harm to his wife by throwing her out of the bedroom window. He said, "I was not in the room. She struck me in the mouth on the landing. My daughter shut the door, and I was told afterwards that she had jumped out of the window." At the police-station he replied,"All right; if that is where I am going I am going innocent."
HARRY TYRRELL GRAY , house surgeon at St. Thomas's. On January 2, about half-past six p.m., I examined prosecutrix. She could not move Her leg, and there was a great amount of bruising extending from the top of the hip to the knee. There was a good deal of swelling about the hip, and there appeared to be a fracture near the top of the high bone. I admitted her an in-patient and treated her until the 4th.
bruising of the right thigh, so much swelling that accurate examination was impossible. On January 5 and 7 X ray photographs were taken, and these showed that the upper end of the thigh bone was driven up into the hip bone, which, in addition, was fractured in three places. On January 12 she was ansestheticised, and a thorough examination showed that there was no injury to any of the internal organs. She was discharged on January 24. There is no danger to life. The probability is she will not fully recover; she will be able to walk, but will probably be always lame.
PRISONER (not on oath). I can only say that I am innocent of doing this. The woman jumped out herself. She hat attempted to jump out of the window before when she has had these mad fits, and I have had to pick up something to try to stop her temper, and prevent her aiming thing at me. My face is all cat about and scarred where she has thrown things at me, and sometimes when I have gone to work on Monday morning the men have laughed at my scratched face. Then is all scars about my face now. The woman does not know what she is doing when she has these tempers. She does not drink much, but the least drop sends her off in these mad fits. I have been at Brixton Prison over three months, and I declare now, whichever way it turns, I am an innocent man; I never did it. The woman went out herself. There was nobody in the room.
Verdict, not guilty.
The Common Serjeant said he was not surprised at the verdict, but that prisoner used violence towards his wife with a knife was undoubted, and he had better leave her alone.
DURANT, Luke Locke (32, merchant) . Obtaining by false pretences from John Walter Fitzgerald the turn of £3 10s., with intent to defraud. Forging and uttering two orders for the delivery of good, in each case with intent to defraud. Forging certain writings to wit, two letters, with intent to defraud.
Mr. Travers Humphreys and Mr. H. H. Thorne prosecuted.
JOHN WALTER FITZGRALD , Saracen's Head Buildings, Snow Hill. I am London representative of the Alpha Brass Company, Birmingham, and I receive commission on their receiving the orders. In January last I employed prisoner at agent. I explained to him my terms with the Alpha Brass Company, and arranged to give him half my commission on orders he obtained. He mentioned to me Mr. J. Wilton, a builder, of Gorringe Park Estate, Tooting, and High View Estate, Streatham, whom I had known, by reputation for years, and said he thought he could get all his trade, at which, of course, I was very pleased. On January 29 he brought me in an order which he said Wilson had given him. Believing it was a
genuine order I sent it down the same night to the works. On January 31 prisoner came in with, as he said, another order from Mr. Wilson, which I also sent on to Birmingham. On February 3 I received the commission on these orders from the Alpha Brass Company, and paid prisoner £3 10s. on account, for which he gave me this receipt,"Received on account of commission on Wilson's order £3 10s. (Signed) J. W. Locke." Sometimes he went by the name of Locke. A day or two afterwards I received the following telegram from the company: "Wilson and East emphatically repudiate orders. What is explanation?" Prisoner said he would attend to it at once and let me know. Mr. Wilson was a bit troublesome sometimes about orders, but he would soon put that right. The day afterwards he said he had seen Wilson, and Wilson had written direct to the works at Birmingham, and made everything all right, and satisfied the firm that it was genuine, and he had seen him post the letter. The letters produced signed "J. Wilson," and purporting to have been written by him, are both in prisoner's writing, and are addressed from prisoner's address, 42, Musgrave Road. On March 8 I communicated with the police.
To Prisoner. You offered to take over some goods and pay for them, but that was not in connection with Wilson's matter but another.
JOSEPH WILSON . I am engaged in building operations at Leigham Court Estate, Streatham, and Gorringe Park Estate, Tooting. I have not given prisoner an order at any time. The first I heard of orders having been given in my name was when I had notice from the railway company that some goods had been consigned to me at Streatham Station. I have known prisoner for many years. He came to see in January, and remarked that I used a lot of material, and he had started' with some new firm. I told him I was not buying any goods. He said, "Well, will you give me particulars of the class of goods you are using?" and I told him he could see the clerk or the foreman, and he said he would send me a quotation. I did not hear anything more until I got the notice from the railway company. The letters produced to the Alpha Company are not in my handwriting, and were not written by my authority. I have a son named J. Wilson, but he is not in the business, so could not have given orders for goods by mistake. My father is also J. Wilson, but he lives in Cumberland.
To Prisoner. I did not ask you if you had any pipes and branches and drain-water stuff and say I wanted some. I told you the clerk or foreman would give you particulars of the class of goods we were using. I did not give you any particulars or dimensions. I have never heard of any order being given you in my name.
Re-examined. I was not at the time requiring any goods. Smith, the foreman, had no authority to give orders.
WILLIAM STEWART THAIN , managing clerk of the Alpha Brass Company. I received two orders by post from Mr. Fitzgerald, one dated January 29 and the other the 31st. We consigned the goods to Mr. Wilson and sent him the orders by post. Mr. Wilson sent back the invoices and refused the goods. I then wrote to him and received a letter signed "J. Wilson," addressed from 42, Musgrave Road. I replied and got a further letter from the same address. We have sot back from the railway company the goods sent on March 5, 6, and 7; but those sent on February 21 and 24 we have not received back.
To Prisoner. Fitzgerald never wrote asking us to debit the goods to prisoner. I understood all through that we were dealing with Mr. Wilson, of Leigham Court Park.
FREDERICK BLIGH , detective, City Police. On March 17, having a warrant for the arrest of prisoner, I went to 42, Musgrave Road. Prisoner was just leaving the house. I told him the warrant had been issued at the instance of Mr. Fitzgerald, and he said it must be a mistake, as he was going to meet Mr. Fitzgerald at four o'clock to arrange matters. I took him to Snow Hill Police Station. He had one farthing in his possession.
PRISONER (not on oath). Mr. Fitzgerald, who was a very old friend of mine and my father's, proposed to me that I should get orders and share his commission. I was in business for myself for a great number of years. I saw Mr. Wilton, as you heard in the evidence, at his works, and when he sent me with his man to get particulars I took it to be an order. I had no intention to defraud anybody. As regards the goods being charged to myself, I say that that was an arrangement entered into with Mr. Fitzgerald, and I said to him when I have the goods in my possession I will send you a cheque, not before. After that I heard no more about it until some of the goods were consigned to my address. I had other trade orders being executed by different firms.
Verdict, Guilty. Prisoner also pleaded to a previous conviction in September, 1904, followed by twelve months' imprisonment for embezzlement. Police proved a number of previous convictions, and a continued career of fraud. Prisoner is a married man with a wife and two children, to whose support he has contributed nothing since his second conviction. The wife earns her own living and supports the children, and refuses to have anything to do with him.
Sentence, Four years' penal servitude.
FOURTH COURT; Wednesday, April 4.
(Before Judge Rentoul.)
CHANT, Frederick George, pleaded guilty to unlawfully obtaining credit from Stewart and Fitzgerald for £118 19s. 10d.; from Sandell and Co. for £120 16s. 5d.; and from Thomas James, Limited, for £37 1s. 4d., without informing them that he was an undischarged Bankrupt.
Mr. Arthur Gill and Mr. Graham-Campbell prosecuted. Mr. Hinde appeared for the prisoner.
Sentence, six months' hard labour.
ANDERSON, William (37, cook), pleaded guilty to feloniously assaulting Robert Wallace Moss with intent to rob him of a watch and chain; also to having been convicted of felony at Sessions House, Newington, in the name of William Perry, on March 16, 1904; other convictions proved: in 1890, three months and four months for stealing; in 1891, three months, three months, and one month; 1892, two months and 18 months; 1895, 12 months; 1896, 3 years; 1899, six months: 1900, four years; 1904, 12 months. Twelve months' hard labour.
EDWARDS, Emma (44, no occupation) . Unlawfully procuring Maud Edwards, a girl under 21 years of age, not being a common prostitute and not being of known immoral character, to have unlawful carnal connection with men; and with having procured the said Maud Edwards to become a common prostitute.
Mr. Hogg prosecuted.
Verdict, guilty; 12 months in second division.
Mr. Travers Humphreys prosecuted.
Prisoner having made full restitution, having an excellent character, and further employment being offered him, he was released on own recognisances in £20.
Mr. B. A. Smith prosecuted; Mr. Wildey Wright defended.
find it. I then went to the bank and saw the cheque. It was not endorsed by me. I cannot write.
Cross-examined. I occupy one room on first floor in a large house of six rooms. About eight or nine other persons live there. When I go out I leave the key with the landlord. Prisoner is a stranger to me. I went to Ginsberg, the money changer, on Sunday, the 18th, and Monday, the 19th. He was about to throw me out. He told me there came a man and changed the cheque—that was all.
(Thursday, April 5.)
ETTIE GRUNWALD (recalled) further cross-examined. I received the cheque at night, on March 10. I went marketing on Sunday morning, March 11, from ten to one or half-past one. I received similar cheque once every two months. It is rather a rough neighbourhood.
ABRAHAM GINSBERG , 116, Brick Lane, money changer. On Sunday evening, March 11, prisoner brought cheque (produced) and asked me to change it for his mother, as his mother was not well. I gave him £2 18s. 6d. for it. I do not remember his saying where the cheque had come from. I had not seen prisoner before. He gave me his address, which was written down by my clerk in my presence.
Cross-examined. It is a common practice for me to change cheques. I recognise prisoner by his face. He might have been in my office two minutes. San Francisco is put in my book because the envelope has San Francisco on it. Prisoner did not bring me another cheque in an envelope with San Francisco on it for £2 1s. 1d. Every transaction is booked in this book. My clerk did not say to Sussmann in my presence that this cheque was changed by Lewis Levensbill, of 29, Cable Street, St. George's-in-the-East.
Re-examined. Every transaction would be in this book. There is no entry of a transaction of £2 1s. 1d. I identified prisoner amongst 10 or 12' persons at the police station. I am positive he is the man who changed the cheque produced on March 11.
MAX COHEN , clerk to Abraham Ginsberg. About eight be nine in the evening of March 11 I saw prisoner at the office. He said his mother had received the cheque and could not come herself, and he wanted to exchange it. Mr. Ginsberg gave him £2 18s. 6d. I wrote the entry in the book. I wrote San Francisco because the prisoner said his mother had received it from San Francisco, as far as I remember. I had never seen prisoner before. At the police station I picked him out of 10 or 12 of her persons. I am sure that is the man.
Cross-examined. I saw no document on March 11. I do not. remember saying at the police court the prisoner produced a
pink envelope. He produced an envelope, and I saw it from afar. I did not tell Sussmann that the cheque was changed by Lewis Levensbill, 29, Cable Street, St. George's-in-the-East. I never heard that name. I saw the prisoner in the dock at the police court, and then a week after I identified him among a number of other persons. I wrote the name and address on card produced in the presence of the prisoner.
FREDERICK GOODING , detective, H Division. I arrested prisoner at 20, Yalford Street, for stealing a cheque and cashing it with Ginsberg. He said, "I did change one last week for £2 1s. 1d. My mother sent me to change it. This is the envelope it came in from America." This is the envelope he showed me. There was a letter inside it.
Cross-examined. There is no conviction against prisoner at present. I have seen him in very dubious company. He has only done three months' work in three years.
MORRIS JACOBS (prisoner, on oath). I live at 20, Yalford Street. I am a tailor, working for my father. I cannot read. I have never seen cheque produced. I can only write a few words in Russian and sign my name in English. My mother received a cheque for £2 1s. 1d. from my brother Lewis, in San Francisco, which I took to the prosecutor, who gave me £2 0s. 7d. for it. I have never been charged with any offence. I worked for four months for Mr. Carbury, 24, Greenfield Street. I worked for Cohen, tailor, about a year. He gave me a good character.
Cross-examined. I changed the cheque for £2 1s. 1d. at Ginsberg's about two months ago. My mother's name is Kayler Jacobs. In Yiddish her name is Yankelow. I have two brothers in America besides Lewis, who is in San Francisco, and one brother in London. Envelope produced I got from my mother when arrested, and gave it to the policeman. It had a letter in it. I am 17, and have been four years in England.
KAYLER YANKELOW or JACOBS (through an interpreter). I live at 20, Yarford Street, with my husband, and am the mother of the prisoner. My son Lewis at San Francisco every six or eight months sends me a cheque. Envelope produced is mine. It came to me with a letter and cheque produced for £2 1s. 1d.
At this point the Jury stopped the case and found a verdict of Not guilty.
OLD COURT; Thursday, April 5.
(Before Mr. Recorder.)
TAYLOR, George (28, labourer), and SMITH, Frederick (26, labourer) . Both feloniously causing grievous bodily harm to Charles Bennington, a metropolitan police-constable, with intent to resist the lawful apprehension of Taylor, (2) with intent to disable Bennington, (3) with intent to do him grievous bodily harm.
Mr. R. D. Muir prosecuted.
ELLIN GUTTERIDGE , wife of David Gutteridge, 403, Seven Sisters Road, Holloway. On the early morning of Thursday, February 15, about 12.45, I was at the corner of Isledon Road and Seven Sisters Road, with Mary Ann Gardner, Jane Lawrence, and Maud King. I did not know Taylor nor Smith before that night. Taylor came up and called me a dirty tiling, and struck me in the chest. My two friends got in between, and he ran round and kicked me twice on the legs. I saw a constable coming across from Fonthill Road, and I said I would give him in charge for kicking and knocking me about. The constable went to take him and there was a violent struggle. Taylor was alone then. When the constable got hold of Taylor, Smith came running up and jumped on the constable's back. The constable was then standing up getting hold of Taylor, and Smith tried to get him away. They got towards Fonthill Road, when they got the policeman down and started kicking him. Then the policeman got hold of Taylor and got him on the ground, and Taylor bit the policeman's finger. He cried out, "He has bitten me." Smith then ran away to fight another man named Stump, and they had a fight across the road. What took place there I do not know. I stood beside the constable until he had assistance. He blew his whistle, and two or three constables came up and the men were taken to the station. It took four to take Taylor, and three or four to take Smith. There were seven or eight policemen.
Cross-examined by Taylor. I cannot say which way you came. I and Jane Lawrence and Maud and Nell were there, and Dean and Stump were together. Potter was not there. I did not say to you as you passed,"Going to have a short time," nor did you reply that you had plenty at home, nor did we all get round you. You did not go across the road till the constable got hold of you. He was not there when you first came up; he came from Fonthill Road. Then you were on the ground in Fonthill Road till the constable got assistance. He had to struggle to put you on the ground. You did not get up again. He held you with two hands at first, by the throat, and afterwards he let go with one hand because you bit him. At the station you said you had lost your watch; you did not say we had stolen it.
By the Court. I know nothing at all about his watch.
By Taylor. What I wanted to know was why you assaulted me. You did not know me and I did not know you. I was busy talking. I was not thinking about men's company. Stump
and Dean were five or six yards away. I did not see Potter. Potter went to the station with me.
Cross-examined by Smith You were not with Taylor when he first came up. You came up when the constable had hold of Taylor. You did not interfere with me. You jumped on the constable's back. He would no go up Fonthill Road on the way to the station, but he had to drag Taylor before he got assistance. I charged Taylor in the Seven Sisters Road and you jumped on the constable's back there. When they were on the ground you left them and had a fight with Stump. I did not know the men till that night. You did not go back to the constable again after you once left him.
CHARLES BENNINGTON , 771, Y Division. I was on duty about 12.55 a.m. on February 15 in the Seven Sisters Road. I was on the Fonthill Road side, when a gentleman told me I was wanted, as there was a disturbance down the road. When I got there I saw Taylor kicking Ellen Gutteridge. She said, "I will charge him." As I was about to arrest Taylor both Taylor and Smith closed with me. Taylor was in front, kicking me on the legs and hitting me in the chest and face, and Smith jumped on my back. I and Taylor fell to the ground. We partly rose again, when Smith jumped on my back, trying to hold me to the ground, and pulled the cape over my head. He dragged me and Taylor across the road to Fonthill Road and a few yards up the road with the cape over my head. I was wearing the cape, at it was raining. While Taylor and I were struggling he bit the skin off my third and fourth fingers, while Smith was kicking me on the legs. I was on the ground then. Potter pulled Smith off me, and afterwards Smith had a fight with a man named Stump. While I was holding Taylor he said to Smith, "Stick that f—g chivvy into him," meaning a knife. That was the time when Potter pushed him off me. Taylor said, "I will gnaw you, you f—g bastard." I managed to blow my whistle, and Ellen Gutteridge also blews it. I was struggling with them about ten minutes before other officers arrived, when they were taken to the station. I assisted to get Taylor to the station. There were about six constables to each man. I had hold of the left side of Taylor, another constable was on his right and another at his back, and the others were following behind to keep the crowd off. Taylor kept slipping down, and would not go quietly. We were a long time getting them to the station. I got exhausted and had to hand him over to another officer. I was on the sick list about five weeks, and yesterday I was placed on the sick list again. While being taken to the station Taylor kicked out right and left. He kicked me several times, and swung himself to the ground several times, and made use of very bad language all the way. At the station he behaved like a madman. He picked up a scuttle of coals which was standing close by him by the side of the dock
and swung it among the officers present in the charge-room. He kicked through the bars, trying to reach the officers' legs who were standing by and had to have his boots taken off. both the prisoners' boots were taken off. Taylor had had a drink or two, but was not drunk. He said, "I'll kill a f—g copper before I've done with them." Smith said, "I wish I'd stuck the f—g chivvy into him," meaning me.
Cross-examined by Taylor. I first saw you at the corner of Isledon Road and Seven Sisters Road. You met me about the edge of the kerb, or it might be a yard in the roadway, on the "Clarence" side. The woman spoke to me first, before I got bold of you. You did not go half way up Fonthill Road. I did not see Stump wanted to fight you. I took hold of you at the junction of Fonthill Road, Isledon Road, and Seven Sisters Road, on the "Clarence" side of the Seven Sisters Road. I was dragged up the Fonthill Road by Smith, with the cape over my head. You did not say to me,"You need not get hold of me; one of these women has got my watch," I got you on the ground and then you raised yourself partly from the ground when Smith got on my back. When I got you on your back I held you by the throat with the right hand, when you bit my fingers. You were on the ground perhaps three or four minutes before you bit me. You did not kick me when you were on the ground, but when you rushed at me at first, I closed with you. I knelt on you on the ground, and you did not get up afterwards. I had hold of your chest and throat. I struck you on the nose when you rushed at me. I did not strike you before I thought of arresting you. I knocked you to the ground. The woman said she would give you in custody.
By the Court I had seen him kicking her on the legs; she said, "I will charge this man," and I proceeded to take him into custody, when the two men attacked me.
By Taylor. I do not know that I said at the police court that I nearly throttled you. I held you tight I do not know what statement you made at the station, as I went to take my dirty cape and coat off. I did not strike you when you were on the ground.
Cross-examined by Smith. When I first came to the bottom of Fonthill Road I saw Taylor kicking Ellen Gutteridge, and you close by. I told you to clear away when you jumped on my back. I said to you,"I know you; if you want anything we can fetch you at any time." I knew you before. When Gutteridge gave Taylor in charge he rushed at me and you rushed with him on to my back. Gutteridge and her sister Gardner were there, and I think Jane Lawrence. All the witnesses in this case were there, I think. I did not see Dean nor Stump. Some other man was there, but I could not say who it was. I knew the women beforehand, having seen them in the street on several occasions, the same as I had you. I
didn't know Stump by name, nor the women. When you put the cape over my head you dragged me up Seven Sisters Road into Fonthill Road, and I pulled Taylor along with me. After you had finished kicking me Potter came and pushed you off. I saw him do so. You never interfered with Potter, so far as I know; you fought Stump. I did not see you again except across the road till you were brought back by the constable, when I and Taylor rose from the ground. I cannot put my injury down to the fall to the ground with Taylor. I did not fall heavily to the ground. I fell on top of Taylor. We had a violent struggle on the ground. That was not the cause of the injury. The cause was you kicking me. You kicked me with your feet, in the ribs and the thick part of the thigh. You also jumped on my arm. I had no bruises nor abrasion.
MICHAEL JOSEPH BULGER , divisional surgeon, Y Division, was called to the Holloway Police-station about two o'clock in the morning of February 15. I examined Bennington, who was in a very exhausted condition. He had a bite on the third and fourth fingers of the right hand. No other marks, except a slight contusion on the right wrist. No marks on his body. The next day he complained of pain in his left hip. I found he had extensive tenderness over the upper part of the thigh bone on the left side. I placed him on the sick list, and he developed fresh pain. That would be produced by a kick. I would not expect to find any mark through his uniform. He resumed duty after nearly five weeks, on March 19. Yesterday he complained of pain in the same part, and on stripping and examining him I found he had a swelling there due to an effusion of blood round the thigh-bone. Whether that was due to the remains of the kick or to bone disease coming on I am unable to say at present. It is the sort of injury which might result from his being kicked through his uniform. Very considerable violence must have been used to cause that condition. I also examined Jane Lawrence, and found she had an incised wound on the middle of the right hand, clean-cut, a piece of flesh being completely removed of a size between a threepenny piece and a sixpence. It was caused by a sharp instrument such as a knife. I also examined the prisoner Taylor, and found he had a contusion of the upper lip and the nose. I had the impression at the time his nose was fractured, but I do not think it turned out to be so. I have not examined it again. That might have been caused by a fist.
Cross-examined by Taylor. One blow was sufficient to cause the injury you had. The places are all close together. You might have had more than one blow. I stated at the police-court that there was nothing the matter with the constable except his finger, which could have been done with only a snap. There was no other evidence at the time, but where a man is injured in soft parts there may be two or three days,
and sometimes longer, before developments take place. A snap is just as fierce as anything else.
Cross-examined by Smith. I saw Bennington again on the 16th, when I found he had the tenderness over the left hip and upper part of the thigh bone. That would not be caused by a fall or struggle, but by direct violence. No bruising showed itself.
By the Court. The formation of fluid there increases my belief that there was direct violence; evidently the bone was injured.
By Smith. On February 26 Bennington was able to walk, but he was lame. He might have walked between three and four miles an hour, with considerable pain; but it is doubtful. He had a limp.
HORACE ALFRED POTTER , coachman, living at Tottenham, saw Taylor about five to one on February 15 run across Seven Sisters Road, leaving a crowd where there was apparently a disturbance, and kick Bennington on the leg. They closed Taylor hit him in the chest, and while they were struggling Smith jumped on Bennington's back and kicked him on the hip. I rushed at Smith and pulled him off, when he challenged a man named Stump to fight. During the fight Smith drew a knife and struck at Stump, when the woman Lawrence interfered; she raised her hand to stop the blow and got struck on the finger. I then went to Smith and knocked his wrist up, and saw a knife go into the air. I did not see where it went. I went back to Bennington's assistance again, and heard him crying,"He it biting me." I saw then that Taylor had Bennington's finger in his mouth. After he released that he made another bite, and caught him again on the hand. After that Bennington caught hold of him by the collar with hit left hand and blew his whistle. Other assistance came up, and I told P.O. 20 Yr to arrest Smith. Taylor went first to the station, and on the road was very violent. I followed him at far as Sonderburg Road. Smith followed, and with the assistance of about seven constables and myself we got them to the station. I heard no remarks on the journey. Once I thought Taylor was going to get away, and I caught him by the back of the neck. He said, "You f—g dirty dog, what are you doing?".
Cross-examined by Taylor. When this first started I was going up Seven Sisters Road from the Nag's Head towards Finsbury Park. When the constable first got hold of you I was going by Lilley and Skinner's at the corner of Isledon Road. I saw you make a rush at the constable and kick at him. I saw you first outside the jeweller's shop at the corner of Fonthill Road. You were going across from the "Clarence," and the constable got hold of you about a foot from the kerb. I never saw the constable on the "Clarence" side of the road. I was not with the women. While you were on the ground I
never heard you say,"Let ma go quietly." I went over towards Smith to see his fight, and then came back in about six or seven minutes and saw you fighting the constable and biting him. You were very violent all the way to the station; in fact, you acted more like cannibals than men. You nearly got away from Bennington at the corner of Fonthill Road, when I got hold of you. At the police court I said you said at the station that you had lost a watch and chain. I heard you say that.
Cross-examined by Smith. I had been working that night at Highbury, and left off about a quarter to eight. It is nothing to do with you what I did after that I saw Taylor kicking the policeman and you jumped on his back and kicked him. You and Taylor were struggling on the ground with the policeman up Fonthill Road. I never saw any woman at all then. My business was not concerned with women then. I heard a whistle and saw Bennington holding it in his right hand. I do not know whether Mrs. Gutteridge blew it. When I pulled you off the policeman's back you challenged Stump to fight, and I went to see it. At first you fought near the constable, but you worked your way across the road. I followed to see the fight, and saw you raise a knife and catch the woman Lawrence with it. You attempted to stab Stump, and she put up her hands to prevent you. I heard no cry of a knife. I deny the depositions which state I said, "I heard Lawrence say, 'he has got a chiv.'" I did not say so. P.O. 20 Yr arrested you outside the coffee-shop on the left of Fonthill Road. I was alone with Bennington when you were arrested. The other constable came over to where Bennington and I were and I told him to go and take you. Bennington was too exhausted to tell him. He might have been able to say it, but he did not, as far as I remember.
Cross-examined by Taylor. I was at the corner of Isledon Road when the constable took you. I was with Stump and Scott. I did not know the women. He got hold of you at the corner of Isledon Road, and you and Smith dragged him across the road. When you got over the other side of the road you were on the ground. You were rolling across. Smith was fighting Stump.
Cross-examined by Smith. I saw Taylor come up to Gutteridge and speak to her, and then kick her three times. Then the constable came across the road and Gutteridge said, "I will give this man in charge." You jumped on the constable's back. The constable did at first say to Taylor,"Clear out of it," but when Gutteridge said she would give him in charge he took him. I saw you fight with Stump after you jumped on the constable's back and tried to get him down. You did not get him down. I never saw you kick him at all.
Re-examined. Smith had a knife in hit hand when fighting with Stump.
JANE LAWRENCE . I was talking to the woman Gutteridge in Seven Sisters Road on February 15 a little before one o'clock in the morning and saw what took place. While the struggle was going on I ran over to stop Smith from fighting with Stump and saw a knife in his hand. I put my hand up and got my finger caught with the knife.
Cross-examined by Taylor. There were four women together; we had nothing to do with the men. Dean, Potter, and Stump were not in our company, but they were standing there. I did not say at the police court that the men were with us an hour previous.
Cross-examined by Smith. Taylor came and insulted Gutteridge. You came afterwards from across the road. I did not notice you catch hold of Taylor and say,"Come away, George." All I noticed was Reilly (Taylor) struggling with the policeman. I believe you jumped on the policeman's back, but I am not quite certain.
By the Court. I saw a man do to, and I believe Smith is the man.
By Smith. I did not say at the police court that I saw you leave Taylor and the constable and go half-way up Fonthill Road. I said I saw you come back from Fonthill Road when Reilly (Taylor) was struggling with the policeman. Stump did not want to fight Taylor, and I did not say he did at the police-court. You came and offered to fight Stump.
Deposition of Jane Lawrence at the police court, at the request of Smith, was read."Cross-examined by Smith. You came up when the row started. You were nowhere near the constable. You were fighting with Stump. I do not know who blew the constable's whistle. I saw the flash of a knife. I know the flash of a knife from the flash of a ring. I did not see the knife fall. I missed it all of a sudden from your hand when it was knocked out. Potter, Stump and Dean stood on the corner of the kerb one hour before the row talking."
HENRY BENNTT , 21 YR. About one o'clock on the morning of February 15, I was on duty in Palmerston Road, near Seven Sisters Road and heard a police whistle. At the corner of Font hill Road and Seven Sisters Road I saw a crowd of persons and Bennigton struggling with the prisoner, Taylor. Just before I got there I saw Smith running away from him. I went and caught hold of him. He stopped just before he saw me run after him. I brought him back in the midst of the crowd where Bennington was on the ground. Bennington then had his cape partly pulled over hit head, and he said "Hold him; he has been kicking me." Smith then became very violent and threw himself on the ground. He said, "If you don't let me go I'll kick your b——y f——g b——s out," and he kicked at me in
that direction. I threw him to the ground, and I still struggled with him. and other constables came up, and, with their assistance, they were got to the station with difficulty.
Cross-examined by Smith. I did not see you assault Bennington. I saw you run away from him, and I ran after you and brought you back again to him. When you saw me you stopped. What you had been doing previous to my arrival I do not know. There was a crowd some distance away when I got hold of you. I met you, and when you saw me you stopped.
By the Court. It took about six or seven policemen to get these men to the station.
WILLIAM PAULEY , sergeant, 33, Y Division, was in charge of the Holloway police station at 1.15 a.m. on February 15, when Taylor and Smith were brought to the station. There were five or six constables with each. Bennington was very much exhausted. They were most violent, and kicked and struck out. We had to remove their boots to prevent them causing serious injury. A coal-scuttle was standing at the side of the dock, and Taylor made a sudden movement, caught hold of it, and threw it towards the police officers present. It contained coals. Taylor said, "Take that." When charged Taylor made the following statement, of which I made a note at the time: "I will kill a f——g copper before I have done with them." Smith said, "I wish I had stuck the f——g chivvy into you." That referred to Bennington.
Cross-examined by Taylor. When you were searched at the station this chain (produced) which is broken was found in your right waistcoat pocket. You said to the detective who searched you,"When I saw you this afternoon there was a watch on that." That was the only reference made to it. I went to the cells some time after and questioned him as to this chain and watch, and he replied,"You mind your own—business," using filthy language.
WILLIAM HUBBARD , Y Division, was at the station when Taylor and Smith were brought in on February 15, and searched Taylor. I found this watch-chain in his right waistcoat pocket. This latch-key he had taken out of his pocket just previous to my searching him, and had handed to someone standing in the charge-room. The chain was not hanging out of his pocket at all. He said, "I had a watch with that when you saw me this afternoon. You see it is broken." It is broken. I had seen him that afternoon. I had not noticed him wearing a watch-chain. I read the charge of inflicting grievous bodily harm on Bennington to both prisoners. Taylor replied, "All right, but what do you want to go to my place for at two in the morning asking for papers? If I had been there you Would have f——g well gone through it."
Cross-examined by Taylor. This key is the one you took from your pocket and threw across the charge-room. I have not opened your street door with it. Your wife let me in.
(Evidence for the defence.)
GEORGE TAYLOR (prisoner, on oath). My real name is George Reilly. I was coming from the coffee-stall at one in the morning. When I got towards the "Clarence" there were four women who are on the streets for a living. They asked me if I was going to have a short time. I said I had plenty at home. With that they got round me, and I lost my watch. I went across the road. The constable said to me,"Go on home." The man Stump wanted to fight me. I came back to fight Stump, and the constable collared hold of me. He struck me on the nose, and I never got off the ground any more. As for assaulting the constable, I never kicked him at all. I was on the ground, and never got up. I swore at the station, but I never kicked him. If he had done his duty and sent these women away this would not have happened. He did not say anything to the women at all. The witnesses proved that Potter was with them all the night, and in his evidence he said he was not there.
By the Court I never struck the constable. I tried to get away from him. If I had been violent, could he have held me down with one hand, as he states?
Cross-examined by Mr. Muir. I did not kick the woman. I cannot account for the biting of the policeman; I did not bite him. I took the coal-scuttle up at the station, but it was too heavy, and I did not throw it.
FREDERICK SMITH (prisoner, on oath). About a Quarter to one on February 15 me and Taylor were having a drink at a coffee stall at Finsbury Park arch, Seven Sisters Road. Taylor drank his and walked away from me. When I had drunk mine I was following when I saw a disturbance and an argument being held between Taylor and some women outside the "Clarence" public-house in Seven Sisters Road. I went up to him and saw the constable on the other side of the road coming towards him. I said, "Come along home, George." As I said that to him, and was leading him away, the constable came across and said, "Go on; clear out of it." I said, "All right; I will take him away." With that, I was leading him away. While doing so, this woman and man kept on arguing the point with Taylor. The policeman followed us up. Taylor broke away from me, and turned round to argue again. As he did so the policeman caught hold of him. I said, "Let him go; I will take him home all right." He said, "No; he has got to come with me now." We had walked from Seven Sisters Road into the Fonthill Road. When I saw he meant to take him into custody I walked up the left side of Fonthill Road, in which road my house is, towards home. When I was about ten or twelve yards up the road Stump, who was a witness at the police court, but has not appeared here, came along and
challenged me to fight. He wanted to fight Taylor because he interfered with this woman, and because he could not fight Taylor, who was struggling with the constable on the ground, he came and said to me,"You can be accommodated as well." Turning round, I saw him shaping up to me. I shaped up and had a fight with him. The police whistle was blowing all the time I was fighting with him. Then when me and Stump broke away out of a tussle, the woman Lawrence came rushing up with Dean. Then I saw Potter come rushing across the road. As I did so and was breaking away from Stump, P.C. Bennett came up behind me and caught hold of me at the back of my neck. I struggled violently to get my neck free because he was nearly choking me. I had done nothing. The only crime was having a fight with this man who was living with the women. The policeman nearly strangled me. I own I was very violent, because I was trying to get my breath going to the station, but when I got there I do not own to those filthy expressions put to me. The only crime, if you can call it a crime, was trying to defend myself against the man who challenged me to fight.
Cross-examined by Mr. Muir. I did not jump on the constable's back. I never touched his cape. I never had such a thing as a knife. I saw Lawrence come between me and Stump. I cannot account for her having a bit cut out from her finger unless she had it done previously, or unless it was done by the ring on my finger, which I do not think it could have been. At the station my boots were cut off. I do not know why. They were trying to get my money out of my hand with violence. I cannot suggest why they cut my boots off. I never said, "I wish, I had stuck my f—g chiv into you," I heard a commotion when the coal-scuttle was flying about. I never heard anything about a chiv.
----SMITH, wife of prisoner. On February 23 I was with my brother in Seven Sisters Road, and saw Potter. I went up to him and said, "Is it true my husband had a knife?" He said, "I never saw such a thing as a knife." I said, "Aren't you sure it was a ring on his finger?" He said, "I never saw neither. I might be like yourself. I was walking down the road, and I was called in the King's name to help." I said, "You did not see my husband do anything?" He said, "Nothing whatever." I said to Bennington,"Do you think my husband was drunk, for he was a teetotaller at the timer?" He said, "No, he was not drunk." I said, "Do you think he had a knife?" He said, "No, your husband hasn't got the heart to use a knife." He said, "There was a knife, and I know who used it."
Cross-examined by Mr. Muir. George Wing is my brother. This took place on February 23. Wing did not threaten Potter, not in my presence. He did not say to him,"You are a b—
fine fellow; you had better look after yourself or you'll go home with your b—head under your arm tied with a bit of string." It was never said in my presence. I was there. Wing was summoned before the magistrate. That was about when they men after; not with me. It was for threatening Potter and Dean. That was a week after. The magistrate bound him over. It was only for what Potter said about him.
Taylor admitted a previous conviction at the Middlesex Quarter Sessions in July, 1901, for felony, and Smith Admitted conviction for felony at Clerkenwell Sessions on May 7, 1901. Taylor was now on ticket-of-leave.
Police evidence. Taylor began life by being sent to a reformatory At the age of 11 for 3 1/2 years and had never done any work. Other convictions were proved against him, the last sentence being five years' penal servitude At the Middlesex Quarter Sessions, expiring on July 5 of the present year. Sixteen previous convictions were proved against Smith, but he had never been in penal servitude. Taylor and Smith were the wont men Holloway ever had anything to do with.
Sentence, Taylor, six years' penal servitude; Smith, five years' penal servitude.
NEW COURT; Thursday, April 5.
(Before the Common Serjeant)
WALKER, Cyril (25, merchant), WALKER, Frank (34, labourer), PATTERSON, Laura (24, married woman), and DRAKE, Arthur (62, traveller), on the following indictments: Drake: (1) On November 15, 1905, feloniously forging and uttering an endorsement for payment of money; pleaded guilty of uttering; (2) similar charge on November 19; pleaded guilty of uttering; (3) feloniously forging and uttering a request for delivery of goods; pleaded not guilty; (4) feloniously stealing a banker's cheque-book, the property of Laura Donnell, and feloniously receiving same; pleaded guilty of receiving; (5) feloniously obtaining by false pretences from Parr's Bank, Limited, a cheque-book, and feloniously receiving same; pleaded not guilty.
Drake and Cyril Walker: (1) Feloniously forging and uttering an endorsement on an order for payment of £15; (2) similar charges as to an order for payment of £15 10s.; Drake pleaded not guilty; Cyril Walker pleaded guilty.
Cyril Walker, Frank Walker, and Laura Patterson: (1) Conspiring and agreeing together and with other persons unknown to defraud of their valuable securities such divers persons as they should induce to execute leases and agreements in writing for the letting of dwelling-houses; (2) conspiring and agreeing unlawfully by false pretences to cheat certain tradesmen; conspiring fraudulently to incur debts and liabilities and obtaining credit by means of fraud other than false pretences; Cyril Walker. Frank Walker, and Laura Patterson pleaded not guilty.
The conspiracy charge against Cyril and Frank Walker and Laura Patterson was first dealt with.
Mr. Charles Mathews, Mr. Arthur Gill, and Mr. Arnold Ward prosecuted; Mr. Symmons defended Patterson; Mr. Burnie defended Frank Walker and Drake; Mr. W. H. Thorne defended Cyril Walker.
JAMES TONG , 142, Sherland Road. Paddington. I have the letting of flats for Mr. Shaw, of 82, Biddulph Mansions. In March, 1905, Cyril Walker came to me, giving the name of Charles Jackson Clavering, and said he wanted a flat; he went over 90, Leith Mansions, and said that would do, and took it at a rent of £65 per annum. He gave the address of 33, Richmond Road, Bayswater. He gave as references J. Kirby, 37, Charles Street, Hatton Garden, and J. Mason, 14, Cross Street, Finsbury Pavement. I wrote to them and got the two replies produced.(49 and 50). (The letters spoke of "C. J. Clavering" as former tenant of the writers, and as a responsible and desirable tenant at the rent named.) I drew up a three years' agreement of the flat, which Cyril executed in my presence, signing himself C. J. Clavering. A half-quarter's rent to June 24, £8 5s., was paid on June 26. The flat was vacated about Seps tember 30, without notice, and, no rent has been paid since June 26.
HARRY CHARLES COSTELLO SHAW , employer of last witness, and landlord of 90, Leith Mansions. Cyril is the man who took my flat in the name of Clavering. I considered the references he gave to be satisfactory, and believed him to be a suitable tenant; the references mainly induced me to enter into the agreement
CHARLES BEETZ , 12-14, Cross Street, Finsbury Pavement. In March last year Cyril called on me and I let him an office at 48. a week; he paid two weeks rent; he had no furniture there. He took the office in the name of Mason; I remember two letters coming for him; he was never in occupation of the office, but came and fetched the letters; that was the only use he made of the place.
EMMA GOLIBY . I keep a stationers shop at 37, Charles Street, Hatton Garden. In March, 1905, there was no one living at my place named Kirby. I am in the habit of taking in letters for different people. I remember about this time taking in some letters in tie name of Kirby; I do not recognise any of these prisoners as the person I handed the letters to. I do not think I had any letters in the name of Walker.
Princes Street, Edinburgh, tea sad wine merchants. At the end of July last we received this letter (52): "90, Leith. Mansions, Elgin Avenue, London. Mrs. Walker would be glad if Messrs. Ballantyne would send her 10 lb. of their special blended, tea, as she is unable to obtain in London a blend she likes to. much." We sent the goods, and received this letter (53) (stating that the tea was "eminently satisfactory," and requesting another 10 lb.,"as Mrs. Walker is making a present, and does not think it could take a better form than a parcel of your special blended tea "). We sent the second parcel with an invoice for the 20 lb., £1 16s. 8d. We wrote for the money several times, but never received it; our last letter came back through the post-office, marked "Gone, no address." The box produced is one of our boxes.
FREDERICK PARKES , wholesale fish merchant, of Boston, Lincolnshire. I received from the Boston Fishing Company the letter dated August 21 (57); the company are trawlers only, and, on getting orders for fish, send them on to me. (The letter was headed from 90. Leith Mansions, and ordered in the name, of Mrs. Walker a 20-lb. turbot and six large pain of soles). We sent the fish, value £1 8s. 8d. We received a letter (58) acknowledging receipt of the fish. The account has never been paid.
ARTHUR J. POTTS , of Messrs. Vaux and Co., Portsmouth, butchers. I received the postcard dated September 26 (1) from 90, Leith Mansions, ordering, in the name of Mr. Walker, a sirloin of beef weighing about 15 lb.,"as he is unable to obtain in London meat so much to his fancy." The letter was addressed to Messrs. Taylors, who were our predecessors in the business. We received on October 2 another letter (2) ordering for Mr. Walker a hindquarter of mutton and two oxtails. We sent the stuff and, in response to the next letter (3), sent another sirloin. A further order came in reply (4). We had then supplied goods to the value of £3 5s. 3d. We never received any money. Our last letter of application was returned marked,"Gone away." We had had a customer named Walker, who had left Portsmouth for London a few days before the first of these letters, so we assumed that the orders came from our old customer. On December 18 we received a letter (8) from 55, Goldney Road, Paddington, in the name of "Miss Cran," ordering a sirloin, a turkey, and fowls and other things; we did not send the goods; we have had no further communication from Miss Cran.
ALBERT JANNAWAY , auctioneers' manager, Basingstoke. In September last I was manager to George Jocelyn and had the letting of 65, Sherland Road, Maida Vale. I received a letter (F), headed from 48, Sidney Street, South Kensington, propos ing to rent 65, Sherland Road, for three years at £65 a year and enclosing references, signed C. Walker. The references were: "Present landlord, Mr. G. Martin, 48, Sidney Street, S.W.;
previous landlord, Mr. M. Jackson, 1B, Cranbrook Road, Chiawick." Subsequently Cyril Walker called on me; he told me be wanted the place as a private house, for himself, his brother, wife, and child, and mother; five in family in all; he said he was a diamond broker. I wrote to Mr. G. Martin for a reference and received this letter (6); I also received this letter (H) from M. Jackson; also this letter (I) from Cyril Walker, stating that he was a diamond dealer, buying at sales and transacting his, business from his private address. I believed Cyril was what he represented himself to be, And I believed in the genuineness of his references; and, in consequence, I drew up the agreement (J), which was executed by Jocelyn and by Cyril. I attested Cyril's signature. He told me he rented the whole house at Chiswick as a tenant At no time was there as landlord or landlady of 65, Sherland Road a Miss C. Fox or Faux.
Cross-examined by Mr. Symmons. The tenancy entered into with Cyril was at a rack rent. Beyond writing to G. Martin, I made no inquiries about him; that is not usual; I did not inquire whether he lived at 48, Sidney Street; I did not look in the directory. I never saw Patterson at all in connection with this business.
GEORGE JOCELYN . I am sole executor under the will of the owner of 165, Sherland Road. In September the last witness informed me of the proposals he has detailed for the letting of that house to Cyril Walker, and showed me the letters from the "references." Believing them to be genuine. I executed the agreement. Cyril entered into possession and remained till December, when he vacated the premises without notice; he paid no rent and left no Address. I know of no connection between 65, Sherland Road and a Mr. or Mrs. Fox or Faux; I was the only person entitled to deal with the property.
Cross-examined by Mr. Symmons. I relied chiefly on the judgment of Jannaway. Beyond writing to the references, I should not make inquiries about them unless I had some doubt or suspicion; I should be governed by the surrounding circumstances.
Re-examined. The fact that an applicant described himself as a diamond dealer would be one of the governing circumstances.
EMMA PRATT, IB , Cranbrook Road, Chiswick. In the summer of 1905 a woman named Maud Jackson came to lodge with me; she had a bed-sitting room at 30s. a week; she remained till December. While she was there I remember Cyril Walker visiting; at first he used to come once a week; later on, more frequently. I knew him by the name of Rouse, and latterly as Cecil or Cyril Rouse) that was what Maud Jackson told me. I know Jackson's handwriting. This letter (H) is her writing, the whole of it. I have lived at 1B, Cranbrook Road, about a year and a half; beyond the visits he used to pay to Jackson,
Cyril Walker has never had anything to do with that house; he has never been a tenant there. This photograph (K) it of Maud Jackson; she sent it to me from Ostend.
Cross-examined by Mr. Symmons. The houses in Cranbrook Road are flats.
At this stage Mr. Thorne intervened, and said that Cyril Walker would withdraw his plea of not guilty. He would not have entered that plea except for the mistaken impression that by pleading guilty he would do harm to Mrs. Patterson. He had never seriously contested this charge; he had at once pleaded guilty to the forgery, and now pleaded guilty to this indictment.
By direction of the Court the jury returned a verdict of Guilty against Cyril Walker.
EDWIN JOHN DEVEREUX , of John Devereux and Sons, grocer: and provision merchants, Lowestoft. I received this postcard (9) dated October 23, 1905: "65, Sherland Road, Maida Hill. Mr. Elliott would be glad if Mr. Dervereux would sell him a side of his mild-cured bacon, as he is unable to obtain in London bacon so much to his fancy." I imagined that the letter came from an old customer of ours who had recently gone to London; on the faith of this I sent the bacon. I received this letter (10) (ordering further goods, and with the reference to a "present" as in 53). We supplied this second order, and received this letter (11) ordering further goods; these we did not send. Our total account came to £4 3s. 2d.; it has never been paid.
Cross-examined by Mr. Symmons. I do not know London very well; I do not know Sherland Road, but I made some inquiries, and found it was in a good-class residential neighbourhood.
Cross-examined by Mr. Burnie. I relied chiefly on the letters coming in the name of an old customer, who I remembered had been rather particular about his bacon.
THOMAS JOHN KIRK , warehouseman to Ruck Brothers, King William Street, proved the delivery at 65, Sherland Road, to a Mr. Elliott, of the two parcels of bacon spoken to by Devereux. After the mid-day adjournment, Mr. Burnie said he had intimated to Frank Walker a certain course he thought he might take; Frank Walker did not adopt that view, and preferred now to defend himself.
JOHN WILLIAM HALLIBURTON SAYBOURNE , 12, Laybourne Park, Kew Gardens, commercial traveller. I was tenant of 169, The Grove, Hammersmith, in November last. I received this letter (A) dated November 24, from 65, Sherland Road, signed C. Walker, stating that the writer would call on me on the 25th re the renting of 169, The Grove. On that day Cyril called on me; he asked the rent of the house; I told him £60 a year; he said he could pay that, and that his profession was that of diamond broking; I suggested "Hatton Garden V and he said "Yes,
and at Debenham's." He wanted possession as soon as possible. He volunteered two references, who he said were his present and previous landlords; he wrote down their names and addresses; the document has been destroyed. I wrote to the address mentioned, and received this letter (B) signed George Robinson, from 34, Park Village East, Regent's Park, and this letter (C) signed C. Faux, from 65, Sherland Road. I believed these to be genuine references, and that Cyril was a responsible man. I drew up an agreement and sent it to him; I received back his part (£); his signature is attested by "Maud Walker." Possession of the house was taken by Cyril and some of his relations. I never saw Mrs. Patterson there.
Cross-examined by Mr. Symmons. I said at the police court, "I wrote out a short agreement for the tenancy, which we both signed; I have looked for this but cannot find it; I asked when he proposed to take possession; he said very shortly, and he proposed to give me two references." He may have given the references after the document was signed; I think it was while I was writing it out. I should not let the house without references. I will not swear that the document was not signed before he gave me the references. On February 3 there was no rent payable, but some had accrued; I did not expect to get any rent till March 25.
Re-examined. The document I referred to at the police-court was a mere memorandum of the conversation.
DONALD POOLE , of Poole and Poole, outfitters, Bournemouth. I received this postcard (13), dated December 28: "169, The Grove, Hammersmith.—Mr. Walker would be glad if you would send him six shirts," giving sizes, etc. Finding by our ledgers that we had ten or more customers named Walker, we fancied the card came from one of these. On sending the shirts we received this letter (14) ordering other goods; we sent these and asked for references, as it appeared likely to be a running account. The letter (15) is another order. The letter (16), in reply to our request for references, is: "Mr. Walker has been a considerable customer of yours when in Bournemouth, but has never been on your books." That was satisfactory to us, because our books showed that we had had several customers named Walker staying at hotels in the town. We sent other goods in reply to letter (17). Our invoice (18) amounted to £5 12s.; we never received payment. On January 9 we received this letter (19): "34, Park Village East, Regent's Park. On Mr. Wilson's departure for India some years ago you supplied him with the greater portion of his underclothing, which gave him the greatest satisfaction "; going on to order a number of articles. We found we had had several customers named Wilson, and, as we make a speciality of Indian and colonial outfits, we thought this letter genuine. We sent goods to the value of £5 12s. 6d. On sending the invoice we received the letter (21) ordering further
goods. By same post we received letter (23) from 63, Park Walk. South Kensington; this seemed to contradict the other, and we did not send the goods. We again applied for our money, but received no reply. The shirts produced are those—we sent to the order of Cyril Walker, at The Grove.
Cross-examined by Mr. Symmons. I thought we were dealing in each of these cases with old customers.
Cross-examined by Frank Walker. If these orders had emanated from Great Earl Street, W.C., we should have acted on them in the same way.
Frank Walker. These orders in the name of Wilson do not apply to me. I only wrote in the name of Walker.
PEKCIVAL ALFRED STOCK , manager to the Duchess of Devonshire Dairy Company, Limited, Tiverton. In December last I received this letter (24) from "Mr. Walker, 169, The Grove," ordering 12 1b. of our butter; also these letters (25, 26, 27, 28), ordering more butter and some eggs and poultry. Our account came to £3 or £4; it has not been paid. The wrapper and box produced are those in which our goods would be sent.
Cross-examined by Mr. Symmons. We had customers named Walker at other addresses. We were under the impression that these letters came from a Walker who had been in our district.
Cross-examined by Frank Walker. If the letters had come from Great Earl Street, W.C., we should have executed the orders.
HORACE GREENFIELD , grocer, of Amberley, near Arundel. About January I received this letter (29), from 169, The Grove, in the name of Walker, ordering some bacon and other articles. I thought the letter was from a gentleman who had been staying in Amberley and I sent the goods. I received an acknowledgment (letter 30), with an order for more goods; these I sent; I also received letters 31 and 32, and sent more goods. My account came to £3 7s. 8d.; nothing has been paid.
Cross-examined by Mr. Symmons. I thought the orders came from a gentleman named Walker, who had stayed in Amberley, and that is why I sent the goods.
Cross-examined by Frank Walker. If I had received the orders from Queen Street, W.C., I should have executed them.
LEONARD PRESTON , manager to F. T. Parnell, hosier and hatter, Worthing, gave similar evidence as to letters 34 and 36, ordering goods to the amount of £1 19s. 6d.; letter 38 contained a further order; the goods were not sent, as the account had not been paid; it still remained unpaid.
Cross-examined by Frank Walker. I cannot say that if these orders had come from Great St. Andrew Street, W.C., I should have executed them; it all depends.
in January last I supplied some whisky and benedictine to 129, The Grove, Hammersmith, value £8 2s. 6d.; an account was sent, but I was never paid.
Cross-examined by Mr. Symmons. I believed the orders came from one of our old customers.
Frank Walker. This does not apply to me; my brother obtained these goods.
THOMAS HEADLEY BRYANT , head master of an endowed school at, Laxfield, Suffolk. I make it a hobby to supply eggs. On January 17 I received an order (45) in the name of Miss Walker, 169, The Grove, for eight dozen new laid eggs; this was followed by another (46) for eight dozen eggs weekly. I supplied eggs to the value of £1 1s. 8d.; I received no money for same.
WILLIAM BURRELL (detective-sergeant, X Division). On July 12 I went to 90, Leith Mansions, and saw Frank Walker. He told me that he was obtaining his living in a certain way; what he said was not in his favour. He said he was living there with his brother. I did not see any children there.
WALTER HAMBROOK (detective-sergeant, X Division). On November 18 I went to 65, Sherland Road, and there saw Frank Walker. I told him I had called respecting a number of complaints received about goods being obtained from provincial tradesmen and sent to that address and to Leith Mansions, most of them in the name of Elliott. He said, "I must have something to provide the necessaries of life for my wife and child; I was not aware that I was doing anything wrong, as I intended paying for everything." On my questioning him as to his means, he took me upstairs and showed me a number of boxes containing hat-pins and buckles; he said that he had boys going round to houses and leaving these boxes on approval, calling later for the money; while I was there four boys and a man came in. I am satisfied that this was, so far as it went, a genuine business.
Cross-examined by Frank Walker. I saw the boys hand you money. You offered to show me your receipted invoices for the goods. I cannot say whether you would exaggerate in stating that you had sold 1, 600 boxes of this cheap jewellery in Kilburn.
FRANK YEOMAN , representing Mr. Wagner, of 89, Essex Street, Strand. Mr. Wagner had the letting of 31, Connaught Mansions, Battersea Park, in February last. On February 12 or 13 Frank Walker called, and agreed to take a flat at that house on a monthly tenancy. He gave as references Mr. Heanley, of 11, Ellison Road, Dulwich, and a Mr. Burgin. I wrote to Heanley, and received the letter (54); from Burgin I received the letter (55). Frank Walker entered into an agreement to take the flat at £3 15s. a month, payable in advance; he paid a fortnight down, went into possession at once, and has been there ever since till last night.
Cross-examined by Frank Walker. When you proposed to—rent the flat you said it was for a few weeks or a month; you volunteered the rent in advance. I asked you for a landlord's reference, and when you gave me the name I assumed you had had a house or a flat of him, not one room, or I should not have let the place to you. I was not anxious to prosecute in this matter; I have lost no money by it; the rent has been paid.
GEORGE WESTERN (detective, T Division). In the early morning of February 19 I was in Ampthill Square, Camden Town. Frank Walker came hurriedly out of a house and mounted a bicycle. I rushed over the road and took hold of him. I told him I had a warrant for his arrest; I handed him over to Detective Lambert, who was keeping observation at the corner of the square.
GEORGE LAMBERT (detective-sergeant, T Division). On January 28 at eight p.m. I saw Cyril Walker in Goldhawk Road in company with Maud Jackson. I and other officers went with Cyril to 169, The Grove. I there saw Frank Walker. On searching the premises we found a quantity of stationery, with the headings of 65, Sherland Road, 90, Leith Mansions, and 169, The Grove. On the table by which Frank was sitting were ten postcards; on tome the ink was scarcely dry; four of the cards were ordering 10 lb. of tea, and addressed to Witham, Dovercourt, Colchester, and Southend; three were ordering dress shirts, two were ordering pyjamas; one, addressed to Long Park Pottery, Torquay, ordering a selection of small art pottery "suitable for a church bazaar." All these postcards (Exhibit 60) are in Frank's handwriting. I also found the document produced (61); it is a list of names and addresses of country tradesmen, covering many sheets, some of the names ticked off; most of the entries are in Frank's writing, one or two in Cyril's. I also found the boxes and other articles that have been shown to the witnesses to-day. (Witness having stated that he was familiar with the handwriting of the two brothers and of Laura, identified the following documents as in Cyril's writing: A, F, I, 8, 19, 22, 23, 39, 40, 41, 43, 46, 48, 57, 58; and the following as in Frank's writing: 1, 2, 3, 4, 9, to 17, 24 to 32, 34, 36, 38, 52, 53, 62, 63; Exhibits B and G as in Patterson's writing). I also found on the premises the invoices of the floods spoken to by the witnesses to-day as having been sent to these various addresses in the name of Wilson or Walker. On January 28 I also arrested Laura Patterson, at 48, Sidney Street, Chelsea, on a warrant charging her with being concerned with Cyril Walker in obtaining the lease of 169, The Grove. She said, "I want to know the exact charge against me." I said, "You are charged with writing a letter of reference for your brother Cyril, which you signed in the name of George Robinson, addressed from 34, Park Village East,
Regent's Park; that letter is one of the references that enabled him to get possession of a three years' agreement for 169. The Grove, and to get possession of the house. She said, "I wrote the letter. My brother called on me and asked me to write it and I did so. I suppose it is not a very serious offence. I have not been friends with my mother and brother for some time, but Cyril called on me here and asked me to write the letters. I did not think there was any harm in it, and I wrote them for him. I thought it was only one, for 169, The Grove, but if you say I wrote the other for 65, Sherland Road you must be right; my writing is so peculiar that it is no use my denying it." I took her to the station, and she was charged jointly with her brother with the offence. On February 3 a further charge was made against them with regard to obtaining the agreement for 65, Sherland Road. Cyril said."I take all the blame; my sister wrote the letters for me at my request; she got no benefit." On February 17 the charge with regard to 90. Leith Mansions was added as against Cyril. He said."Well. Laura is not in that; I and Mr. Kirby did it; no one else had a hand in that job." On February 19 Frank Walker was handed over to me by Detective Western. I went back with Frank to the house he had just left, 9, Lidlington Place, and searched a room that he told me he occupied. He gave me the two letters (62 and 63) that he said he had only just written. He said, "I was just going over to post them in the W.C. district, as it would not do to post them in the N.W. You were only just in time; if my bike had not slipped you would not have got me; Warren told me that Detective Howard, from Chiswick, was about here, and I was off." The warrant was read to him, and he said."I did not help get the houses. I admit that I wrote the orders for the goods, but there is no false pretence in that; I do not see what you can do me for. I wanted a fancy waistcoat and wrote for some on postcards; none came; the next week I wrote for a dozen, and got five from different places; Rouse (Cyril) had one, I another, another I gave to Warren, but it did not fit him, so I pawned it. If I could only have kept out of the way till the others were done with I don't think you could have done me, but now we shall all come up together, and they will say, 'Oh, this is the instigator of the whole affair; although he did not get the houses, the others did it for him to order goods from.' I was a fool. I ought to have got clean away for a time until their job was all over, then I should have stood a better chance myself. I shall plead guilty to this one, and then they cannot give me more than two years; if I don't they may give me two years on each case." On being charged at the station, Frank made no reply.
Cross-examined by Frank Walker. I have never said at the police court or anywhere else that on searching 169. The Grove, we found the place full of chests of tea. (Witness read the exact
list of the articles found.) There were no signs of wealth, the proceeds of a long course of successful crime or otherwise, about the place; instead of chairs there were ginger-beer boxes to sit on, and that sort of thing.
Cross-examined by Mr. Symmons. Among all the documents found, only two emanated from Patterson. It is correct that for about eighteen months before these transactions she had been keeping away from, her mother and brothers. I believe she has had no benefit from writing these letters.
(Friday, April 6.)
THOMAS HENRY GURRIN , expert in handwriting, said that the following exhibits were, in his opinion, in the handwriting of Frank Walker: 1, 2, 3, 4, 9 to 17, 24 to 32, 34, 36, 38, 52, 53, 56 (signature). 60. Exhibit 61 was partly in Cyril's and partly in Franks writing.
FRANK WALKER (prisoner, not on oath). In June last I hit upon a plan of making a perfectly honest living by the following system: I bought goods, small articles of jewellery, cheap but of excellent value; I employed boys to take round boxes containing hat-pins, buckles, and so on, leave them on approval at private houses, and call afterwards to collect the money or take the goods back. Employing ten boys, I estimated that I should see a clear profit of £3 or £4 a week. Here was wealth at last! I quickly found that things on paper and things in practice are very different, but not before I had incurred debts in expectation of the golden harvest that never came. I had difficulties, having no capital, in obtaining the goods I wanted; some of my boys were prosecuted for peddling without a license; at the time of my arrest the business was suspended but only temporarily. With regard to these orders to country tradesmen, I only took advantage of a system of credit which so many people make use of, and which is pretty well indispensable. Because I was disappointed in business and had to delay payment, they say my action was felonious. If that is a correct view, how many people in the City of London ought now to be under lock and key? But I deny it; and to say that I conspired with my brother is not in line with the evidence. In my cross-examination of the tradesmen yesterday they all said they would have given credit just the same if the orders had. come from Great St. Andrew Street, Great Earl Street, Queen Street, or West Street (I put those because they are four out of the Seven Dials); this shows that the goods were not sent because the orders came from addresses known to the tradesmen.
There is absolutely no ground for this absurdly for-midable indictment. A certain measure of moral guilt is attached to me, but surely the seven weeks I have spent in Brixton prison is sufficient punishment. I have been unfortunate; do not send me to prison for that.
Mr. Symmons submitted that there was no case to go to the jury as against Patterson on the first indictment. The first count was that she
"did conspire to obtain certain valuable securities, being documents of title to land, to wit, leases and agreements for letting certain houses" It was not ft charge of conspiring to get the brother in as a tenant, but to obtain securities—documents of title. Non constat, from her writing the two letters, that she had in her mind that any documents would be obtained; and the obtaining of these documents of tenancy was not a necessary consequence of what she did.
Mr. Mathews argued that the evidence in relation to the three separate houses was sufficient to support the first count.
The Common Serjeant. I do not thank it makes much difference whether I leave it to the jury and tell them that I do not think they ought to convict, or whether I say that there is no evidence. If this had been a ready serious case against the woman, I should have directed the jury, and have reserved the question for the Court above as to whether, on the particular indictment as drawn, my ruling was right. But as she has, after all, played a very manor pert here, I do not think it necessary to take that course. One does not want to burden the Court for Crown Cases Reserved with merely fanciful cases that lead to no result.
Mr. Mathews: Directly your lordship expresses that opinion, I do not press the case further.
Verdict, Prank Walker. Guilty; Laura Patterson, Not Guilty.
Frank Walker pleaded guilty to a conviction at this court on October 21, 1901, for obtaining money by false pretences. Cyril Walker pleaded guilty to a conviction at this court on the same date for obtaining a valuable security by false pretences.
The Common Serjeant, in discharging Patterson, warned her that if she were again charged in connection with matters of this kind, she would probably render herself liable to a serious sentence.
The case of Drake was then proceeded with.
Drake pleaded guilty to a conviction at this Court on September 9th, 1901, in the name of Edward Harrison, for larceny and receiving.
SYDNEY BEX (detective-sergeant, Scotland Yard) said that Drake was sentenced in December, 1899, at Guild ford Assizes to 15 months' hard labour for forgery, in the name of Frederick Harrison; on October 22, 1897, at Northampton Borough Sessions, to 15 months' hard labour for attempted fraud, in the name of Edward Lewis; on May 18, 1896, at this Court, to 11 months for forgery, in the name of Edward Hicks; on August 28, 1894, at Marylebone Police Court, to 40s., or 21 days, for stealing meat, in the name of Edward B. Hicks.
Cross-examined by Mr. Burnie. The conviction in December, 1899, I believe, was for forgery. I am not prepared to say that it was not simply for uttering. The record of conviction in 1896 states it to be for forgery, not for false pretences.
GEORGE LAMBERT , recalled. On searching Drake's premises I found a cheque book on Parr's Bank, the one that he has pleaded guilty to receiving; also another with the counterfoils remaining in it; this was the proceeds of a shop-breaking in
Piccadilly Circus last year. I also found some stationery, probably the proceeds of a house-breaking in Park Lane. In Frank Walker's place I found a sweep's cleaning machine, a garden tent, and other property obtained by similar false pretences. The police had about 40 other complaints besides those charged in the indictments.
Sentences: Frank Walker, four years' penal servitude and three years' supervision, Cyril Walker, five years' penal servitude; Drake, five years' penal servitude.
OLD COURT, Friday, April 6.
(Before Mr. Recorder.)
Mr. H. Hurrell prosecuted; Mr. J. D. A. Johnson defended.
DANIEL CODY , 34, Crellin Street, St. George's, brushmaker. On February 25 last about six p.m. I was with three other men in Vallance Road, Bethrial Green. Prisoner was outside a public-house and I was walking along with my friend. He said to my friend,"What's the matter?" and my friend said, "What's the matter?" He said, "I will give you what's the matter." My friend ran away. I was the last one. I found there were too many, and I could not defend myself, so I ran too. I did not run very far. I fell down, tore my trousers. and cut my knee. I got up again and my friend came back, and I went home and had my knee dressed. Then I said, "I will go hack and see who it was." We went back and could not find anybody. There were two revolver shots fired that evening. I could not say who fired the first one, because I could not see him. The second time I saw him as plain as I see him now. I came back to find who fired the revolver and could not see anybody. I was on my way home and my friend said, "We will go into Mr. Harris's place." We went there. We were there about 20 minutes when my friend went out, saying,"Good' night." At the time I went out my friend was at the top of Selby Street. I heard him shouting out and went to his assistance. I found they had started on him. When I came up the prisoner fired a revolver at me. I saw him as plain as I see him now. I had never seen him before in my life. He did not hit me that time. I ducked my head. Then he turned round and ran away. A constable came up with no boots on and ran after him round Winchester Street I never felt anything, but the revolver was very close to my temple when I ducked. Prisoner is the man who fired a revolver deliberately at me.
Cross-examined by Mr. Johnson. I first saw prisoner about twenty to nine in Selby Street. It is the shooting on that occasion that I am complaining about to-day. There were four friends of us together. We always go together. I never carried a revolver in my life. None of my friends carry revolvers. We are hard-working chaps. We do not carry knives. The friend who was nearest the prisoner at the time is named Rosenberg. He is not here. The friend who asked me to go with him is George Baker; he is outside. Rosenberg was the man who screamed out; he is at work. It was rather dark. Selby Street is a dark street, but you can see a person right enough. This was at twenty to nine, in February. I cannot say whether prisoner was pushing a barrow when I first saw him. I was examined at the police court Mr. Cluer never asked me that, I think. I see from the depositions read to me that I said, "You were not pushing a barrow," so very likely somebody did ask me. I saw a barrow, but I do not know who was pushing it. I did not say at the police court that a little boy was pushing the barrow. I have never had a quarrel with prisoner. I cannot give a reason for his firing at me. I was surprised. There was a large clique with prisoner. I saw three girls close to him, as close as I was. They could see anything that happened just as well as I could; perhaps more.
GEORGE BAKER , 134, Langdale Mansions, carman, went with Cody to Harris's place on February 25. Two other friends were with us. When I got there I saw prisoner, and another man behind him, and four more men round the public-house. Prisoner said, "What are you coming round here for?" My friend said, "What's the matter?" Prisoner said, "I will give you the matter, if that's your game." He went across the road, and took a revolver out of his pocket. One of my friends said, "Look out" They all ran. Daniel Cody, being the last, ran away as well, and he fell down. As soon as he was on the ground, in two or three seconds, a shot went off. Prisoner fired the shot. That was the first shot I heard. It was when Cody fell down and cut his knee. I went home with Cody, and afterwards went back again to Mr. Harris's in Selby Street. We stayed there till about 9.15. When we got to the top of Selby Street one of my friends called out for assistance, and we ran to his assistance. Cody was there. Prisoner had a revolver in his hand and fired at Cody. A constable came up and asked me who fired the revolver. I am positive prisoner is the sum who fired the revolver. He escaped then, but was subsequently stopped.
Cross-examined. When the first shot was fired Cody was on the ground. I saw prisoner distinctly. He took a revolver from his right-hand coat pocket I had never seen him before. There was one man behind him, and four more two or three yards away. I had never seen any of them before. There was
no quarrel before the shot was fired. When we came back the second time to Selby Street there was no man standing between, prisoner and Cody. There was a girl. I did not see prisoner take the revolver out that time; he had it in his hand. I did not hear anybody scream out Cody said nothing to him before he fired. One of my friends went out of Mr. Harris's place, and we heard him call out for assistance. Cody being the first one to get there the prisoner pointed the revolver at Cody and fired. He did not point the revolver at anybody else. Cody ducked. Selby Street is very dark. There were three girls along with the barrow when the shot went off. The girls were along with prisoner. I saw both shots fired—one in Selby Street and one in the Vallance Road—by the prisoner. I said at the police court,"I was about 20 yards away. I did not see him shoot it, but I heard it go off." I saw the shot fired in Selby Street. At the police court I said, "I and Cody went there and saw prisoner and others. Prisoner called out, 'Is that your game? and took out a revolver and shot at Cody. We all ran away. It looked like a silver revolver. I was about 20 yards away. I did not see him shoot it, but I heard it go off." Prisoner came from the barrow. I saw him pushing it. It was upset. There were, four in our party and six in the other party.
Re-examined. Vallance Road is not well lighted. It if fairly dark.
PATRICK KITSON , 78, Howard Buildings, Albert Street, a schoolboy. Between quarter and half-past seven on February 25 I was in Vallance Road and saw Tresadern running after Cody. I did not know either of them before. Tresadern had a revolver in his hand, and a few minutes after I saw the flash of the revolver and heard it go off. I did not hear anybody call cut anything. Someone said, "Shoot his brains out." I ran away.
Cross-examined. It was rather dark. There were a good many people there, about a dozen. I was right behind prisoner. A man on the right-hand side of prisoner said, "Shoot his brains out." I am certain prisoner is the man I saw.
By the Court. I saw prisoner again in the station at Commercial Street about 10 o'clock. I went into a room to see if I could recognise the man who fired the shot. There were about 12 men there. I picked prisoner out.
ISAAC SIMONS , 50, Selby Street, a schoolboy. I knew neither of these parties before. I only knew one. Between 7 and 7.30 on February 25 I was in Vallance Road, and saw Baker, Cody, and his two friends, and I saw Tresadern, and I don't know how many of his friends. Tresadern was standing at the corner of the public-house, and Baker and his friends walked past. Afterwards Tresadern turned round and said, "Is that your game?" He went across the road and took his revolver out of his pocket, and went into the middle of the road and fired. Cody fell and hurt his knee. About nine o'clock I was in Selby Street. I had seen the prisoner in the meantime. After he fired the first shot he ran away down Maddison Street with his friends. Then became back with his friends at nine o'clock and was waiting. Then he started firing. He ran away, and the policeman caught him. I saw him caught. I had seen prisoner before; I knew him by sight. He used to visit some girls at my house. There were four of them. I knew him by the name of Arthur. I am positive he is the man who shot at Cody.
Cross-examined. It was rather dark that evening, and there were at least six men with prisoner. On the first occasion Cody was running away when prisoner fired at him and was not on. the ground. On the second occasion there was a man in front of Cody when prisoner had the revolver. He put it into that man's face, not in Cody's face. The revolver was near Cody when it was fired. The other man screamed for help, and then Cody came running up and prisoner fired. The other man ran away. I saw some girls there. They live at our house. They were standing near all the time.
THOMAS SMITH , 259, H Division, lodging at 81, Vallance Road, heard a revolver shot, being off duty at the time, and ran out I could find nothing. There were about eight or nine people there. They all saw me walking by. They did not take any notice. Later on, about 8.45, I heard another shot I ran out Cody was in the street and pointed to prisoner as the one who-fired the shot He said, "There he is; that is the man." Prisoner stood in the middle of the road. When he saw I was going towards him he went backwards on to the footpath, and then ran away up Vallance Road to Winchester Street, up Winchester Street, and at the top ran into the arms of P.C. 363, who was just coming round the corner. When I came up he said, "Keep that lot" away from me. I don't want a knife sticking into me." PC. 363, accompanied by another P.C, took him to the police-station. When charged he made no reply. I found no revolver on him. Prisoner did not say he had not fired the revolver or anything of that sort at the time.
Cross-examined. I was following him all the time from the time he ran away. He was out of my sight three or four seconds turning round Winchester Street, I did not see him
throw anything away. With the exception of those three or four seconds I could have seen if he had thrown anything away. At I came back I looked about the street to see if there was any revolver. There was no revolver lying about. There were a good many other people about when I came up. It is not a particularly rough neighbourhood. There are not gangs of men who go about with revolvers just there.
By the Court. Where I heard the second shot I went out at once. I did not wait to put anything on. I had my serge on. Prisoner was standing in the middle of the road, about six yards from prosecutor. I could not see any of his friends there.
JOSEPH PHILLIPS , 363, H Division About 8.50 on February 25 I turned into Winchester Street and saw prisoner with a crowd behind him shouting,"Stop him! He's got a revolver." Immediately prisoner saw me he slowed up. I put my arms up and stopped him, and immediately searched him. I found no revolver. As I was searching him he made the remark, "Keep that crowd off me; I don't want any knives sticking into me. That was how Bailey got it" Bailey had been stabbed in the neighbourhood, and the man who did it got five years. Prisoner said there was a lot of Jew boys after him with big knives and sticks. It is a very rough neighbourhood. There were no Jews except that small boy. He had not any knife.
Cross-examined. Selby Street it not unusually dark for the East End. It is not brilliantly lighted. They are the ordinary street lamps. Prisoner did not try to run away from me; it wasn't any good. He slowed down when he saw me. He had to. I saw a crowd behind him. They had not sticks in their hands. There were three girls there. I found no revolver on him. There was a lamp where I stopped him. I did not see prisoner throw any revolver away. When I asked him what he was running for, he said, "I don't know, sir, but there are a lot of Jew boys running after me with big knives and sticks."
Prisoner's statement before the magistrate. I did not fire that revolver. I wish to call evidence to prove it.
(Evidence for the defence.)
ARTHUR TRESADERN (prisoner, on oath), examined by Mr. Johnson. On the night of February 25 I was in the Vallance Road with a number of friends, between 7 and 7.30. I saw Cody come up with other men. As they came by they passed the remark,"This is Imy," alluding to the man I was with. We were standing on the kerb, and they were walking by in the middle of the road. They all stopped and looked at us. There was are revolver fired.
By the Court. I did not fire it. I know the man who did His name is Hyman Eisenberg. He is a friend of mine.
By Mr. Johnson. I had not a revolver with me that night. I have never had a revolver. A revolver was fired a second time that night. He fired it then.
By the Court. He is a Jew. He had been knocked senseless a few months before, and the men who did it swore if they saw him again they would do it again, and I expect he carried it about with him for defence.
By Mr. Johnson. I was not wheeling a barrow that night. I was round there for the purpose of moving away some furniture, and I was with a barrow, but not pushing it. That barrow was upset by a youngster about 12 years of age named Freddy George when we were attacked by these men. At the time there was me and Hyman and these young women there, and also the publican, I think.
By the Court. I had no revolver and fired no shot. I have told the police it was Eisenberg. I was excited, and did not tell them at the time. When the detective came the next morning' and asked me who fired the revolver I told him I would tell him by-and-bye. I told them last week, and this affair took place on February 25. I cannot tell you why I did not tell them before. I expected that he would give himself up. I did not tell Mr. Cluer that it was Eisenberg. I did not give any evidence myself. I was represented by a solicitor.
Cross-examined by Mr. Hurrell. I have been in the habit of calling at this house in Selby Street. Here were three or four girls living there, and they had practically notice to quit those premises. It was absolutely nothing to do with me. It waa Hyman Eisenberg who resented 'it because he was a relation of the girls. I am not engaged to one of them. I am only a friend of Eisenberg. He visits ail four of them. They live in one room. He is married to one of the sisters, or not exactly married, but they are as good as man and wife. He lives with her. I know Annie George. There was a lot of us but only one was with me, and that was Hyman. I knew he was in the habit of carrying a revolver about him. I never, knew exactly that on that night he had one.
ESTHER GEORGE , spinster. 50, Selby Street. Eisenberg is my sister's young man. I know him quite well. I know prisoner, I was with him in Vallance Road on February 25 about 8.45. Vallance Road is at the top of Selby Street; they run into one another. Me and my friend just turned the corner as the barrow was coming up from Selby Street. My sister and brother were with the barrow. Prisoner was with me. We were just going to push up the side of the barrow when we heard a shot coming from Selby Street.
By the Court. I would recognise the man who fired the shot if I saw him, but I have never seen him since. It was not
Hyman Eisenberg. If it was him I never saw him. I saw the man who fired the shot It was a stranger. It was the first time I had seen him. I said at the police court,"I know the man who did it, hut I do not know his name."
POLLY GEORGE , sister of the last witness, was with her on February 25 in Vallance Road at the corner of Selby Street Prisoner was with us. I heard two or three shots. Prisoner was not the man who fired. I would recognise the man who fired, hut I have not seen him since. I know Eisenberg. He was there that night, but he did not Are the shot The fire came from the other end of the street.
Cross-examined. Prisoner comes with my friend to see urn at the house now and again, not very often.
ANNIE GEORGE , sister of last two witnesses, was with prisoner in Vallance Road on the night of the 25th At my friend turned the corner the shot came from Selby Street. Prisoner had just turned the corner. He was not the man who fired the shot I would know the man. I never saw him before. He is a stranger. I know Eisenberg. I did not see him that night He might have been there, out I did not tee him. I was to excited at the time. He did not fire the shot.
Cross-examined. I said before the magistrate that four out of the whole lot had revolvers. There were three or four from Selby Street I would recognise one of the four who had the revolver, but I have not seen him since. He was on Mr. Harris's side. Mr. Harris is my landlord. He is the person who is turning us out. We were not turned out. He wanted the room for somebody else. We had to go. He said if we did not clear out he would fetch someone to throw us out. The prisoner and the others did not resent that; they did not know anything about it. Mr. Harris wanted the room for somebody else. He did not give us any time to look for a room.
THOMAS EDWARD BODKER . I was in Vallance Road on the evening of February 25 about 8.30. I would not be positive of the time. I heard a shot fired, and saw who fired it. It was not the prisoner. I do not know whether I should know him again; but he was a little taller than the prisoner. I am positive it was not the prisoner who fired the shot.
Cross-examined. I would not be certain I would know the man if I saw him again. I might identify him. He was a taller man than prisoner. I said nothing about that to the police at any time. Rowdyism is of frequent occurrence there, and I took no further notice of it I only knew the prisoner by sight before that I am a bank-note and warrant examiner and cleaner; 24 years at Waterlow's.
By the Court It was a taller lad who fired. I took him to be a lad; he had no hair on his face. I do not know a man named Eisenberg. It was not the prisoner, because he was
coming straight towards me when the shot was fired. I know his father and mother.
By Mr. Hurrell. I saw prisoner running away. He came towards Vallance Road. I was in Vallance Road when he was taken. I went and looked with my wife. I said nothing to the policeman who arrested him about his having taken the wrong man. I took no further notice till I heard further of it.
By the Court. I guessed he was taken for firing the shot. I heard the revolver go and saw the flash towards the ground. I was there when prisoner was before the magistrate, but was not called upon. I do not know why we were not called. Me and my with were there. She saw the thing. She is outside now. My wife's name and my name were given to the prisoner's solicitor, but we were not called. There were only three young ladies called.
The Recorder. You ought to have been called. Mr. Johnson. I am not instructed by the same solicitor who appeared at the police court.
MRS. ANNIE BODKEE , wife of last witness. I was with my husband in Vallance Road on February 25 coming from a walk. We always got out for a walk every Sunday evening when the children have gone to bed. We saw a mob of people coming towards Selby Road. All of a sudden I heard the report of firearms and saw a flash coming from the side of the wall. I said, "Oh, Tom." With that, I saw two young men standing together. As I heard the report he flew towards Whitechapel Road, putting something in his left-hand side pocket. Then up comes the mob with the other young fellow, who I recognise as the prisoner, being taken down by my street. That is in Winchester Street, by the "Havelock" public-house. I loses my husband in the crowd. I went through the arch to go towards the "Havelock," where I saw a mob with knives and sticks. I thought my husband would have been killed. It was never that young man there (prisoner) that fired. The next morning me and my husband went to Worship Street, but we were not allowed to give our evidence. We were there twice.
Cross-examined. I knew prisoner a little. I did a little business with his mother. I am no connection of his. I don't suppose I've spoken two words to the prisoner, but I know very well that is not the young fellow. It was a Jew that fired the shot—I will swear that—a little bit taller than that young man.
By the Court. I do not know a man named Eisenberg. I know it was a Jew. In fact, I do not take much notice of the crowds and the scenes round there, for my children are always running upstairs and saying,"The Jews are fighting again." Prisoner's father and mother are not Jews.
By Mr. Hurrell. I did not say anything to the magistrate at the police court. Me and my husband sat out in the corridor. There was three young girls allowed to speak, and the prisoner said he was so disgusted with their evidence that he would not call any more witnesses; he was glad he was going to be put in. He would stand a better chance to clear his innocence.
By the Court. I do not know what they had said that he did not approve of. I had seen the young women outside, but I had no conversation with them. I am quite clear it was another man and not the prisoner who fired the shot. I saw the person, and I distinctly saw him put something in his left-hand pockes and run towards Whitechapel Road. This young fellow was accidentally there. In fact, the neighbours round there said, "The innocent one is taken."
Verdict, Not Guilty.
The Recorder. Prisoner is also charged with shooting at Louisa Fugazza. She was injured, not seriously, by one of these bullets. Perhaps you will say he it not guilty, no evidence being offered against him.
Verdict, Not Guilty.
THIRD COURT; Thursday, April 5.
(Before Judge Rentoul.)
SNELLING, Edward (38, butcher), STONE, Henry (32, butcher), BLIGH, George (36, butcher) ; stealing a leg of pork and 19 lb. weight of beef, the property of Spiers and Pond, Ltd., the masters of Snelling and Stone, and feloniously receiving same.
Mr. Drake prosecuted; Mr. Huntly Jenkins defended Snelling; Mr. J. P. Grain defended Stone; Mr. Forrest Fulton defended Bligh.
JOHN LOKES (detective, City police). On March 6, at four a.m., I was on the first floor of premises of the Apothecaries' Hall, opposite the Queen's Head, in Water Lane, with Detective Wagstaffe. At five minutes past six I saw Stone, wearing a blue butcher's smock, enter the Queen's Head. He went to a corner of the bar and put something on the floor from under his smock. He then went to the bar and had a drink. Mr. Price then came in. Snelling, five minutes after Stone had gone in, came along Water Lane dressed similarly to Stone, in a blue smock, entered the same bar, went to the same corner, and appeared to deposit something on the floor. He then went to the bar and was served with a drink. At a quarter-past six Bligh came down Water Lane with a blue smock rolled up under his arm, entered the same bar, and sat down on a form. Mr. Price then left. Bligh then got up, entered into conversation
with Snelling and Stone, was served with a drink, went to the corner and placed the articles in the smock. Snelling then came out Bligh was in conversation with Stone and handed him some money. Stone then left and Bligh followed, carrying the smock on his shoulder with bulky goods in it. I and Wagstaffe followed him up Water Lane, when we were joined by Detective Dunning, into the Old Bailey. Touching the bag on his shoulder, I said, "Where did you get this from?" He said, "I found it on the seat in the bar of a public-house." I said, "You know what is in it?" He said, "Meat, I believe." I said, "Let us have a look at it." He opened it and said, "Yes, it is a leg of pork and a piece of beef." The mat basket produced was under the beef. He said he had paid no money for it. On the way to Bridewell Police Station he said, "I was just going to take it to the station—to Snow Hill Police Station." In company with Wagstaffe and Dunning I then went to Spiers and Pond's premises in Water Lane, saw Snelling amongst other men and took him into custody. He made no reply. I then took Stone. He said, "I do not know anything about it." When the three men were charged Bligh said, "I paid no money for it." The other two both said they did not know anything about it.
Cross-examined by Mr. Huntly Jenkins. Lyons's premises are higher up than the Queen's Head. We were in the Apothecaries' Hall immediately opposite the Queen's Head. The window in the Queen's Head is not frosted except at the bottom part. The men were in the end bar towards Ludgate Hill. There is a spiral staircase in the bar. I do not know whether it leads to a urinal. I saw Snelling pull up his smock and put something on the floor. He stooped, but he was not out of my sight. The barmaid could have seen him. This is the nearest public-house to Spiers and Pond's, and the men are entitled to go out and have coffee at that time. I saw Snelling before he reached the public-house. He appeared to have something under his smock.
Cross-examined by Mr. Grain. There are about 20 or 30 men employed there, and the foreman or other workmen could see Stone if his smock frock was protruding. The window we looked from had 12 squares and we could see the floor of the bar. I could see Stone's back.
Cross-examined by Mr. Forress Fulton. I say I could see that Bligh bad a blue smock under his arm. I saw him in the bar and saw that he had a drink in a glass.
FREDERICK WAGSTAFFE (detective, City Police). On Saturday, March 3 I was in the broadway of Water Lane, 40 yards from the "Queen's Head" public-house. At a few minutes after six a.m. I saw Stone, with two or three other employes of Spiers and Pond, leave the meat department of Spiers and Pond and
enter the "Queen's Head." I then saw Bligh come down Water Lane with what appeared to be a blue smock rolled up under his arm and enter the same bar. I looked in over the door and saw Bligh in conversation with the men. I saw him leave with what looked like this blue smock converted into a bag, three parts full with something heavy, and he went into the "White Hart," Smithfield. He remained a few minutes and went out, leaving the bag in the bar. In about 10 minutes he returned with a white meat cloth, tied some meat taken from the blue bag; in the white cloth, left the bag with the barman, and went with the white parcel to another public-house, the "Blue Posts" in Cow Cross Street, where there was a man waiting in the yard.
Counsel for all prisoners objected to this evidence as immaterial, the indictment relating only to March 6 and being a charge not of conspiracy, but stealing. Especially, it could not be evidence against Stone or Snelling. Objection allowed.
On Tuesday, March 6, I kept observation with Lokes on the first floor of a building opposite the "Queen's Head." I went there at four a.m. At six o'clock the barmaid opened the house. At about five minutes past six Stone came up Water Lane; he appeared a bit bulky underneath his smock; he went into the bar and had a drink. At ten minutes past six Snelling came up Water Lane, also appearing bulky, and went into the same bar. Then another man, who hat nothing to do with the case, came into the bar. After that Bligh came down Water Lane from the opposite direction, carrying this blue bag rolled up under hit left arm, and went into the bar. Immediately after this stranger was gone, Bligh spoke to Stone and Snelling, went over to a corner and placed something in the bag. Snelling then left; Bligh then handed Stone something which he took from his pocket and Stone left. Bligh 'then came out carrying this bag over hit right shoulder. It appeared about half-full. We got out as quickly at, possible and joined Detective Dunning, and followed Bligh to the Old Bailey, where we stopped Bligh. Lokes caught hold of the bag and said, "What have you got here?" Bligh said, "Meat, I believe. Oh. yes. it is beef and a leg of pork. I found it in the bar of a public-house." I said, "What public-house?" He said, "A public-house in Water Lane." I said, "What are you going to do with it?" He said, "I am going tp take it to the station." He was then arrested. I then accompanied Lokes to Spiers and Pond, where I saw Snelling and Stone, both of whom I had seen on the first day I kept observation.
Cross-examined by Mr. Huntly Jenkins. The window from where I saw the prisoners was exactly opposite the bar they were in. I saw them through the window on the second occasion and over the door on the first; the door and window were both frosted in the lower part. I saw the barmaid give the
drinks. Stone had a cup of tea; the second man had something in a glass the colour of beer. I saw the man go into the bar, order his drink, turn round to the corner and put something down, and then come back to the bar ready to take his drink. Snelling had a long butcher's smock on, his arms were free; he appeared to be bulky in front. Two or three burners were alight in the public-house.
Cross-examined by Mr. Grain. There was one gas light in the bar that I am speaking of and one in the window. It was quite dark in the room we were watching from. There is a good incandescent light in the street within 10 yards of the public-house.
Cross-examined by Mr. Forrest Fulton. Lokes and I were at the same window. I was lying on some sacks about three feet from the floor. I saw Bligh when he was three or four yards from the public-house. I could distinguish the colour of the bag by the incandescent lamp.
Re-examined. I saw Bligh leave the "Queen's Head," went downstairs immediately, and saw him about 50 yards further on crossing Ludgate Hill. Dunning was just about 20 yards behind him.
JAMES DUNNING (detective, City Police). On Monday, March 5, I kept observation in Water Lane from a quarter past six. I saw three men wearing blue smocks leave the meat department of Spiers and Pond and go into the "Queen's Head." Bligh then came down Water Lane from the direction of Ludgate Hill with the cloth produced rolled under his arm, and went into the bar. The three men then left, and then Bligh came out with the blue bag over his shoulder, containing something heavy. I followed Bligh across Ludgate Hill, through the Old Bailey, through Giltspur Street, and left him in Long Lane, by Smithfield Market. On Tuesday, the 6th, I kept observation at the same place; saw two men again leave the meat department of Spiers and Pond and enter the "Queen's Head." Immediately afterwards Bligh came from Ludgate Hill with a cloth similar to that produced, rolled up under his left arm, and went into the bar that the butchers had gone into. The butchers left at intervals of a few minutes; Bligh then came out, carrying the blue bag on his shoulder containing something heavy, passed me, and I followed him into the Old Bailey. Detectives Lokes and Wagstaffe came up, tapped him on the shoulder, and asked him what he had. He hesitated for some moments and eventually said, "Meat, I believe." He took the bag off his shoulder, looked at it, and said, "Yes, it is a leg of pork and a piece of beef," which we could all see at that time. Lokes said, "Where did you get it from?" He said, "I found it in the bar of a public-house." Lokes said, "Did you find it in the blue bag?" He said, "Yes, I did." "What are you going to do with it?" said Lokes. He said, "I am going to take it to
Snow Hill Police Station." He was then taken to Bridewell Police Station. On the way he said that he had paid no money for it. I then went to Spiers and Pond, but was not able to identify the men I had seen go into the public-house.
FRANK TEAGLE , assistant manager at Spiers and Pond. Stone has been in our service nine years and Snelling eight years. On March 6 I arrived at 6.20 a.m.; Stone and Snelling were there in charge of the detectives. We have about 30 men there in the morning. We use baskets for packing meat like the one produced.
Cross-examined by Mr. Huntly Jenkins. There is no objection to the men going out at six to have a drink, by my permission. It is regularly done. They would have to pass Major, if he was at his post, at the weighing-machine. I do not attempt to identify this beef and pork—it is impossible. We use about 3, 000 of these baskets a, week; they are never returned to us. They are the ordinary basket used in the meat trade for packing. Snelling came to us with a good character and has behaved well while with us.
Cross-examined by Mr. Grain. There is only one entrance in and out. Bowker and the other men would not arrive until six o'clock. A man going, out with something under his apron might be observed by Major if he was at his post and looking out. It would be his ordinary duty to be there at 6 a.m. Stone has been nine years with us, and is employed to out up meat. He was formerly with me at Whiteley's. His character was satisfactory. He arrives at 6 a.m., then he has to prepare himself for work, which might take five minutes.
Re-examined. Bowker, or Major, is a scalesman. His duty is to execute the whole of Spiers and Pond's hotel orders in the morning. He does not keep possession of the door to see who comes in and goes out.
FREDERICK REED , manager of meat department at Spiers and Pond. On March 6 I arrived at 12 minutes to 5 a.m. Stone and Snelling were there, but only one when I first arrived. We use thousands a week of baskets similar to the one produced. Major, or Bowker, is foreman scalesman.
Cross-examined by Mr. Grain. Stone and Snelling commence work at 4 a.m. They cut up meat. When I arrived on the 6th Stone was at work in the ordinary way. They have to go to the refrigerator, which is close to where they work, and get the meat. That is not near the Major. They would have to pass the Major to get out. They leave about two to four in the afternoon. The men who commence at four are allowed to go out for coffee at six.
Mr. Huntly Jenkins submitted there was no case. Before a man could be convicted of either stealing or receiving, the property must be identified as laid and the property is here laid in Spiers and Pond. There is no proof of loss: the basket was not charged. There must be either proof of loss or that prisoner was seen to lake the goods
Judge Rentoul. Suppose a man had stolen oats from a large heap which had not been weighed. According to what you put forward there is no fact?
Mr. Huntly Jenkins. I will not say there is no fact, but loss must be pro vied.
Mr. Forrest Fulton supported the objection.
Mr. Grain asked for a ruling. Where you cannot identify, but can only say the things are similar, that evidence is of no value unless you show that you have been a loner of that identical article, or prove the act of theft. If there is a deficiency shown, that is sufficient, whatever the weight of it may be, to let it go to the jury. Here no deficiency is shown.
Judge Rentoul. According to that there never could be a prosecution for a little hay taken out of a hayrick.
Mr. Grain. Not unless you show actual deficiency. This case assumes from the beginning that prisoners have wrongfully taken away without the leave of Spiers and Pond some of their property. There is no evidence to show that prosecutors have lost any property at all.
Judge Rentoul. That is true, and if it is necessary to prove that, of course there is no case; but it is an absolutely new proposition to me. Suppose uncounted money in a drawer: a portion of that money could be taken away, and there could be no prosecution.
Mr. Grain. It could not possibly succeed.
Judge Rentoul. If a man cut a little ribbon off a roll in a shop he could not be prosecuted unless somebody saw him cut it off?
Mr. Grain. Quite so, unless they could show a deficiency—if they could not identify it. Here they cannot identify it, or even say it is exactly similar. They must show it is their property. These men might to in legitimate possession of the meat. There is no proof of their being in possession of the property of Spiers and Pond or that they stole it as Alleged in the indictment; no proof that Spiers and Pond have lost anything; and therefore no proof that they ever had it in their possession. The same applies to Bligh—he cannot be changed with receiving a thing not proved to have been stolen.
Mr. Drake. The law as it stands is perfectly settled as far back as 1867 by two authorities quoted in Arch hold's Criminal Practice at p. 435. The first case (R. v. Mockford, 11 Cox. 16) is as to stealing fowls. There a case was stated and the point decided. To that case is appended a footnote of R. v. Burton (23 L.J., M.C., 52) deciding the same point.
Mr. Grain. In both those cases there was evidence of identification. In the fowl case the feathers were similar; in the other a man was seen to go into a warehouse where pepper was stored and come out with a quantity of similar pepper, and it was held that there was a certain amount of identification. Here there is absolutely none. Judge Rentoul. At any rate, I am not going to stop the case.
(Friday, April 6.)
Cross-examined by Mr. Grain. There was a gas-light in the bar on the morning in question. The glass panels of the door at the main entrance are frosted two-thirds of the way up. The other windows are clear glass.
Re-examined. At the lower part of the windows is a blind or curtain of grass. From where I was to where these three men were standing was a direct line of sight.
EDWARD SNELLING , 47, Brookfield Avenue, Wood Street, Walthamstow (prisoner, on oath, examined by Mr. Huntly Jenkins). I am a butcher. My wages are 33s. a week. Before going to Spiers and Pond I was employed as a butcher at Wimbledon by a Mr. Lintott, and previously by Mrs. Wenham. I was 18 months in one place and a year in the other. For 23 years I have been a butcher and have never been charged before. I was in the habit of going into the Queen's Head public-house every morning. I remember that on the morning of March. 6 when we went out we passed Major. I was wearing an ordinary working smock. The first thing I did when I went into the bar was to call for a cup of tea. I went to the spiral staircase and walked down three steps intending to go to the urinal, when the gas was turned out. Without a light the staircase is exceedingly dangerous. When I returned to the bar a Mr. Price came in, a master butcher. I had my tea and Price paid for it I did not know Bligh. As far as I know I had never seen him until I saw him at the Bridewell station. He was not in the bar at the time. There were only Price, Stone, and another young fellow. Having drunk my tea I walked back to the shop. I have never taken any meat into the public-house. As to the statement of the police that I walked with difficulty, I fell down at Spiers and Pond's some years ago and had my leg in plaster for about twelve weeks, and periodically I am affected, and have to absent myself. I hurt it again in getting off a 'bus at St. Paul's, station. Spiers and Pond have seen certificates from hospitals and also from doctors.
Cross-examined. When I went into the public-house Stone was there and the barmaid. Mr. Price next came in, and the other man as I was going out, but it was not Bligh. I cannot tell if there was any meat in the bar when I went into it or when I left. I was not there long enough to look. There were two jets of gas burning, one at the back of the bar. The barmaid had a light at the back of the counter, which otherwise was very dark. Having ordered my tea I turned toward the spiral staircase, and so far the description of the police is accurate. As I came out from Spiers and Pond's Major, who was standing by his scale, said "Good morning, Snelling," and I said, "Good morning, Major." We never pass without that That was about ten minutes past six, and the detectives are accurate as to the time. Major's weighing machine is beside the office, and he stands between the archway and the desk.
HENRY STONE (prisoner, on oath), examined by Mr. Grain for Mr. Forrest Fulton. I have lately lost my wife and have three children. I was at Whiteley's about three years, and was previously a butcher in Devonshire. I had a good character when I went to Whiteley's, which they inquired into. From
Whiteley's I went to Spiers and Pond's, where I have been nine years, during which time no complaint has been made against me. On the morning of March 6 I went on duty at twenty minutes to four, the object being to get the joints cut up for delivery to the Criterion and other places. Major would not do much weighing before six o'clock. We had permission to go out at six o'clock, and I generally went out about five minutes past. Major was there on the morning of the 6th and could have seen if there had been anything peculiar about me. I went out in my butcher's smock and took nothing with me whatever. It is not true that I had anything under my smock or that I left anything in the public-house. I had never spoken to Bligh before I saw him at Bridewell, but had seen him at the market. There was no light in the bar so that I could see on the floor. The light was at the back of the bar.
Cross-examined. When I came in there was no one in the bar. I ordered a cup of tea, and stopped against the bar the whole of the time. The barmaid turned her back to make the tea. I had seen Bligh at Smithfield, where I have duties to perform for Messrs. Spiers and Pond. There are many people at Smithfield whom I know by sight. I swear that Bligh was not at the "Queen's Head" on the morning of the 6th. I was the first in; then Snelling came, and a little later Price, in a silk hat and a frock coat, and after a little chap—a sort of labouring chap. I swear that the fourth man was not Bligh. I went into the "Queen's Head" on the morning of March 3 at about the same time. Snelling was there also. Bligh was not there to my knowledge. Major commences his work about six o'clock. He goes into a side room to change his working clothes. He is at the weighing bridge, and weighs all the meat that goes out, and when he starts he is kept very busy. He was there on Saturday morning. It is very seldom he is not there. When Major was doing his work his back would be towards the archway up which I should come.
GEORGE BLIGH (prisoner, on oath), examined by Mr. Grain. I am a butcher by trade, and live at 88, Bessborough Road, Manor Park. I have no shop or stall, but take orders from people in the neighbourhood of Manor Park. I go to Ilford, where there is a fair meat market, and sometimes up to Smithfield. I buy according to the orders I have got and send the meat home to my wife, who distributes it to the customers. It is not true that I received some stolen meat on March 6. I found the meat that the police found upon me at the corner of the seat in the "Queen's Head," Water Lane, next to the partition. A number of people in the butchering trade go to the house at that time of the morning.
Cross-examined. George Bligh is the name I always go by. It is on my rent book. I have been on my own account for about four years. I last worked for a gentleman at Barking.
Some years ago I worked for someone in Smithfield, odd work, not regular. I worked for William Reid, jun., of Smithfield, ten years ago in my stepfather's name, which if Endicott I did not find meat in the Queen's Head on the morning of Saturday, March 3. I did not pass up Water Lane, go up the Old Bailey, and enter the White Hart on that morning. I use the White Hart and the Market almost every day, but I could not say if I was there on Saturday. I know the Blue Posts. I went in there on Saturday, March 3, and left one or two forequarters of lamb at the bar, and wrote my name on a ticket similar to that produced. I will not swear that when I was arrested I had not a book of tickets with counterfoils belonging to William Reid, jun., 15 and 16, Central Meat Market. I was not at the Blue Posts on the morning of March 5. When I went into the Queen's Head on the morning of March 6 there was nobody in it. I met somebody coming out as I went in. I do not know either Stone or Snelling. I had no meat when I went into the public-house. It is true that I packed the piece of meat in a smock and took it away with me. That was about twenty minutes past six. When stopped by Lokes and asked what I had got there I said, I think it is meat." The barmaid was not in the bar when I picked it up; nor anyone else. I did not tell the barmaid, because I thought I would take it to Snow Hill Police Station, which I thought the proper place for it. I never found meat in a public-house before. I thought if there was a reward offered for it I should have got it from the police, but I should not if I handed it over to the publican. It was not in a position where any customer coming in could have seen it. No one going down the urinal steps would have seen it without looking for it. If anyone had been looking about the bar he might have seen it the same as I did. I stood there some minutes before I saw it.
Verdict, all prisoners Guilty; Stone and Snelling recommended to mercy.
Mr. Drake stated that to was the belief of the prosecutors that thefts of this kind had been going on for a very long time.
Judge Rentoul, in sentencing Snelling and Stone to three calendar months in the second division, said that after consultation with the Aldermen he had come to the conclusion that, notwithstanding the stigma attached to the conviction, and the excellent characters of the prisoners, they could not be let off without punishment. Bligh, who was probably the tempter, he sentenced to twelve calendar months', hard labour.
BROWN, William (38, agent), FORD, Gertrude (36), and NUGENT, Frank, otherwise J. Wilson (31, engine driver) . Brown, stealing a horse, a cart, and a set of harness, the goods of John Whale, and feloniously receiving same; all conspiring and agreeing together to commit said felony; Ford, stealing a mare, the goods of John Whale, and feloniously receiving same; Brown, stealing a mare, the goods of Stephen Butler, and feloniously receiving same.
Mr. Metcalfe prosecuted; Mr. Daniel Warde defended Brown; Mr. Fordham defended Ford; Mr. Hurrell defended Nugent.
JOHN WHALE , coach builder, 71, Bromley Common. On January 11 I took a chestnut mare to the Elephant and Castle Repository for sale, but it was unsold; and on the 13th, as I was taking it back again, Nugent spoke to me and offered to buy it. I accompanied him to 100 Dennett's Road, Peckham, where I saw Mrs. Ford, who eventually agreed to buy the mare if on trial she should prove satisfactory. Nugent did not tell me he was living with Mrs. Ford. She was to have the horse for a week on trial. She paid £1 deposit, and I was to have £18 the week following. On the evening of the 19th, or morning of the 20th I received this post-card: "Dear Sir,—If convenient, come between 10 and 11 o'clock." It was signed by Mrs. Ford. I had conversation with her with regard to the alleged lameness of the horse. She paid me an additional 10s., and I agreed to give her an extra 14 days to determine whether the horse was really lame. I was driving a brown horse and trade cart, with set of black harness. I stopped to lunch at the Railway Hotel, New Cross. As I was standing by the horse Nugent came up and said, "Who would have thought of seeing you to-day?" We had not been talking five minutes when Brown came up and Nugent introduced him. I said I understood that Mrs. Ford had a farm at Barking, and Nugent said that was so, but it was too quiet for her and she preferred living in town. Brown afterwards asked me if I would sell the horse and cart, and I said I would, if I could get my price. Eventually I agreed to let him have it for £23, having at first asked £25. He said he wanted it for an old man of 60 or 70 to drive, who had been in his service a long time. I said, "If that is what you want it for I am sure this horse will suit you because you can take it in any traffic and you will find it quiet in every way." Brown said, "The last thing I thought of when I came out this morning was making a purchase." He took half a crown and a few coppers out of his pocket and asked Nugent to change the half-crown. Nugent changed it over the bar, and Brown gave me 2s. to bind the deal. He promised to send a Post Office order for the balance the same night or the following Monday, and gave me an I O U for the amount. Brown gave the address 1, Sutherland Square, Walworth, upon the I O U. Brown afterwards drove me to the station, and that was the last I saw of them. Brown said he wanted a Raleigh cart built. It was to cost about £26, and I said he might as well give me the order. He said he drove one of the fastest ponies in London, and he would drive over to my place and then I should see
what kind of trap would be required for it I never received any money beyond the 2s. I received a letter from him stating: "The old man is very pleased with the horse, but has not tried him yet. I shall be at your place in the course of a day or so, as I want to see you about the trap we were speaking about. I will send you a wire when coming." I did not get the wire nor see Brown over at my place. On the 26th I went to Sutherland Square to inquire about him. I did not see him. A person of about 40 opened the door and said Brown was a lodger there. After that I tried on the same day to find Mrs. Ford at 100, Dennett's Road, and found the house was vacant. I have since recovered the horse and cart. The cart was found in the streets, and the horse was being sold at the Elephant and Castle Repository when I walked in to look round. I have not recovered the other horse nor the harness. I gave 35s. for the harness. I consider I have lost more than £20 by the transaction, as the horse that Brown had was away five weeks and so thoroughly crippled that I cannot work it in any way.
Cross-examined by Mr. Warde. The horse Brown had was a fairly good one. I gave 6 1/2 guineas for it I had had it about a month. The cart is valued at £4 10s. I gave £3 for it the previous month, and had to do certain repairs to it Taking the harness at £2. that makes £13. I asked £25. but if I had asked £50 he was not obliged to buy it. I do not do much horsedealing. I had never seen Brown before in my life. I found when I went to Sutherland Square that Brown had given me his correct address. I was knocking on and off for half an hour before the door was opened. I was then told that Mr. Brown had gone out early in the morning without staying to have his breakfast. I asked the lady who opened the door if she could tell me anything about him. She said no, he was only a lodger, and that was all the information I could get.
Cross-examined by Mr. Fordham. The prisoner Ford had nothing to do with the second horse and trap.
Cross-examined by Mr. Hurrell. The public-house where I had my lunch was about three-quarters of a mile from where Mrs. Ford was living in Dennett's Road, on the direct road from London to Bromley.
HENRY HOLFORD (sergeant, P Division). Having received information from Mr. Whale with respect to this horse, cart, and harness, I went to 25, Bird in Bush Road, Peckham, where on February 28 I saw the prisoner Ford. It is about a mile from Dennett's Road. I told her I had a warrant for her arrest. She replied."I have been living with a man named Ford, or, as you call him, Wilson, for about three years. On January 13 Ford brought Whale and the horse to 100, Dennett's Road, where I was living. I bought the horse from. Whale, and Ford (Nugent) afterwards took it out and done me for the money. I know what it means. When Whale called next week for his
money I told him the horse had gone lame, and that I had sent it to my brother's farm at barking, but you have to tell the tale when you are doing the mug. The same day Brown came to my house and I told him that Whale was coming to my house on the following Saturday. Afterwards Brown brought a horse and cart to my stable in Dennett's Road. We then slipped away, and I went to live with Brown at the address you found us, and Ford ran away with the money for the first horse." I arrested Brown on the same day at the same address. I said to him,"Is your name Brown?" He said, "No; my name is Mr. Yates. I am a dealer, and have stables in the Old Kent Road. If you come with me I will show you my horses." I went with him to stables at the back of Old Kent Road. When we arrived he said, "The horses are out." I said, "You answer the description of a man named Brown, wanted on a warrant for stealing by means of a trick a horse, cart, and harness on. January 20." He said, "You've made a mistake, and if you take me to the station I shall make you sit up." At the station I told him he would be placed with others for identification. He then said, "I'll tell you the truth. I was introduced to Whale by Wilson, and I agreed to buy the horse and cart Wilson told me that he had got hold of a mug, and that him and Mrs. Ford had done him for one horse. I told Whale the tale, and got his horse and cart and took it to Mrs. Ford's stable at Dennett's Road. I afterwards took it to the Elephant and Castle and sold it to a man in the street whom I don't know for £24. I have done all the money in, and Whale will never get his horses back." I found Wilson detained at Middlesbrough on March 17, and arrested him. He said, "I introduced Billy 'paper collar' or the man you call Brown to Mr. Whale in New Cross Road. Brown got me to change half a crown, and we gave Whale 2s. and got the horse and cart Brown promised to send me on a cheque the next morning. We afterwards drove the horse and cart to Mrs. Ford's stables in Dennett's Road, Peckham. A day or two afterwards Brown sold both horses and done me for my share. Brown then went to live with Mrs. Ford in Dennett's Road, and they locked me out. I then went to the Albert Docks, got on board a ship, and worked my way to Stockton-on-Tees."
Cross-examined by Mr. Warde. He used the word "we" twice. He told me Brown had all the money. He did not say anything about the female prisoner. At that time I did not know that an I O U for £22 18s. had been given. I have had some experience of horse-dealers, and it is not an uncommon thing for a horse-dealer to be known by a number of names. Shaw, the owner of the stables in the Old Kent Road, told me Brown did not rent a stable there. I found out that Brown's statement that he sold the horse for £24 was not true. He sold it to a man named Love for £5.
FRANK LOVE , horse-dealer, 5, Florence Grove, New Cross. About the end of January I bought a bay gelding of Brown for £5, and sold it the next day for £6. The same horse was put up to auction at the Elephant and Castle Repository on March 1, and wag then claimed, by prosecutor.
Mr. Warde submitted that there was no evidence of a trick within the meaning of the Act. The property in the home, cart and harness passed on the payment of the 2s. and the handing over of the I O U, for, as Mr. Justice Buller said in Bach v. Owen (5 Term Reports), the payment of even a halfpenny was sufficient to vest in the defendant the property in the colt Which was the subject of that action.
Mr. Fordhom submitted that there was no evidence that the woman Ford had anything to do with the conspiracy.
Judge Rentoul overruled both points.
Verdict, Guilty of conspiracy, with a recommendation to mercy in the case of Ford. Nugent and Ford pleaded guilty to previous convictions.
JAMES SHARPE (ex-detective sergeant, Manchester City Police). Prisoner, William Brown, was convicted of felony in the name of Wm. John Wilson on October 2, 1901, at the Manchester City Sessions, and sentenced to twelve calendar months' hard labour.
Evidence was also given of previous convictions of Ford and Nugent.
Sentence, Brown, 12calendar months' hard labour; Ford, three calendar months' hard labour; Nugent, 12 calendar months' hard labour.
NEW COURT; Monday, April 2.
(Before the Common Serjeant)
BICKFORD, Frederick (31, carpenter), pleaded guilty to indecently assaulting Gertrude Gale; to indictments for indecent assaults on two other girls prisoner pleaded not guilty, and the charges were not proceeded with. Three months hard labour.
THIRD COURT; Tuesday, April 3.
(Before the Common Serjeant.)
Mr. Beaumont Morice prosecuted.
Sweeney had been previously sentenced to three months for malicious wounding, and was stated to have been the associate of three men named Janes. Bush, and Saxton, who had all been sentenced to five years' penal servitude for coining.
Sentence, Sweeney, 15 months' hard labour; Hayes, 12 months' hard labour.
Detective-sergeants Wm. Eustace and Geo. Baker, K Division, were commended for the way in which they effected the arrest.
FOURTH COURT; Tuesday, April 3.
(Before Judge Rentoul.)
Mr. A. Wright prosecuted; Mr. Leycester defended.
(Reported only on a point of police practice.)
THOS. PITCHLEY (detective-sergeant at Forest Gate). On March 14 I called on prisoner, with Detective Mercer. Mercer said, "We are police officers. You answer the description of a man wanted for indecency with a boy." Prisoner said, "When?" Mercer said."If you were the man you were with him last Friday and Sunday." Prisoner said, "You have made a mistake; I was with no boy either day; Friday night when I left here I was with Ben Johnson, the undertaker …. I was not there, I can assure you." I said, "You were there on Sunday, for I saw you" He said, "I was on a seat talking about football to the boy."
Mr. Leycester objected to this evidence. The constables appear to have been craw-examining prisoner an to what his defence was going to be—a course not generally allowed in this country.
Mr. Wright said this was not an inquisition after arrest or after the man had been taken into custody. Apart from any question of duress (and that did not arise here), anyone had a right to go to a suspected person and question him.
Judge Rentoul. It is a nice metaphysical distinction when an arrest begins. I think that when a police officer goes and announces that he is about to arrest a man, the arrest has begun. Certainly it has begun the moment the man is shown the warrant.
Mr. Wright. Here the warrant (which was against a person unknown) was not shown to prisoner until after this condensation.
Judge Rentoul. If the police had walked away, after this conversation, without arresting prisoner, imagine the position they would have been in.
Mr. Wright cited A. L. Smith, L.J., in R. v. Gavan (15 Cox, 656): "Although a person who is suspected of a crime may, before he is charged or is in custody, be asked what he has to say in answer to or explanation of the matter, yet after he is in custody the police have no right to ask him questions, and an admission or confession obtained in that way is inadmissible in evidence." This conversation took place before arrest, and the police then only suspected the man.
Judge Rentoul. It is more titan that. The constable began with "You answer the description "; after that he was bound to arrest him.
Mr. Wright submitted that those words were used interrogatively. Hawkins, J., in R. v. Miller (18 Cox, 54), said: "The admissibility of answers to such questions put by the police before arrest must defend in each case upon the whole of the circumstances." Here the whole circumstances could not be known without this conversation.
Judge Rerttoul. Nothing that this man could have said would have freed him; the constables had made up their minds to arrest him whatever he said; believing that he was the man, they were bound to arrest him. There is an inquisitorial air about the whole of this, and I think it cannot be admitted.
Verdict, Not guilty.
THIRD COURT; Wednesday, April 4.
(Before the Common Serjeant.)
Mr. Daniel Warde prosecuted.
Prisoner was secretary to the Essex Council of the Royal Antediluvian Order of Buffaloes, and the money was handed to him by the treasurer to pay for the printing of some rules. He has a wife and four children, and was in difficulties at the time, and the Council, while feeling bound to take cognisance of the offence, desired to recommend him to the merciful consideration of the Court.
CHARLES KENDALL , treasurer of the lodge. I have known prisoner since he was a boy. He was in one situation fifteen or sixteen years, and left because the firm was slack. There would have been no proceedings if he had applied to us, because we were all in sympathy with him. It was obstinacy on his part.
Prisoner released on his own recognisances to come up for Judgment if called upon.
FOURTH COURT; Wednesday, April 4.
(Before Judge Rentoul.)
Mr. J. F. Vesey Fitzgerald prosecuted.
attacked by two men, one of whom was the prisoner. I was perfectly sober and am a teetotaller. Prisoner hit me, knocked me on the ground, and I was robbed of a watch and chain and £8 19s. The watch produced is mine. I was kicked on the knee and right wrist. I kicked one of the men and he released his hold of me, and they ran away. I shouted out for the police and ran after the men. I never lost sight of them. P.C. Dadson came up and took prisoner into custody.
To Prisoner. I had never seen you before. When I came up to you you had been running, and were walking fast towards West Ham station. I am certain you took my watch and chain from my pocket when I was on the ground. I was close to you when the policeman caught you. You were not standing at the corner of the street.
GEORGE GARWOOD , 260, Corporation Street, West Ham. At 11 p.m. on March 27 I was in Memorial Avenue when I heard prosecutor shouting "Police!"and I fetched P.C. Dadson. I saw prisoner and another man running away round Durban Road. The constable caught the prisoner. He looked rather heated, as if he had been running.
To Prisoner. When I saw you you were walking hurriedly, and were about four yards from a shop at the corner of the street. I did not see you interfere with prosecutor.
THOMAS DADSON (P.C. 155 K). I was on duty in Memorial Avenue at 10.50 p.m. on March 27 when I heard cries of "Police!"I ran and met the prosecutor, who was bleeding from the nose and said he had been robbed by two men. He said, "There they are." I turned round and saw the prisoner and another man. I caught prisoner, who appeared to be out of breath, as if he had been running. Prosecutor said, "That is the man." Prisoner said, "He has made a mistake." I took prisoner to the station, and on being charged he made no reply. I went back and found the watch produced close to where the prisoner was standing at the rear of a shop.
To Prisoner. When I came up to you you were just round the corner towards West Ham railway station. You were about six yards from where I found the watch.
PRISONER (not on oath). I saw prosecutor walking with a young woman and a young man. When about 140 yards away I heard a row and fighting. I stopped a few seconds, and I saw a man running towards me. I turned round and resumed my journey. Garwood and the constable came up to me, and the constable stopped me and said, "This man has been robbed of his money and I am going to search you." He only found my seaman's discharge book and a few other papers. He said to prosecutor,"I have found nothing on this man—what are you going to do with him?" Prosecutor said, "I am going to charge him." I was then taken to the station.
To the Court. I am 30 years of age, and have been employed as ship's fireman. I have been doing dock labouring and working on Wanstead Flats for the London. Corporation to get a livelihood.
Verdict, Guilty. Police proved a conviction in 1891 for stealing tobacco with two other men; and another in 1904 for stealing goods from a ship. He has been going to sea, and his discharges show good character. He was twice charged in 1903, once for larceny from the person and once for robbery with violence, and discharged. He has had numerous convictions for drunkenness, and is an associate of known thieves.
Sentence, Three years' penal servitude.
OLD COURT; Thursday, April 5.
(Before Mr. Recorder.)
PLUMSTEAD, Edmund William, pleaded guilty to forging, and uttering certain endorsements on three orders for payment of £5, £5, and £4 5s. 3d. respectively, in each case with intent to defraud, and to having been convicted of felony on July 24, 1899.
Prisoner committed the acts while serving as honorary secretrary to the Leyton Constitutional Club, and it was stated that the club did not desire to press the charge against him. The previous conviction was for larceny, having been employed as sorter in the Post Office.
Sentence, Nine months' hard labour.
OLD COURT; Monday, April 2.
(Before Mr. Recorder.)
PLUNKETT, George (29, labourer), pleaded guilty to attempting to break and enter the dwelling-house of Henry Paterson, with intent to steal therein. The police stated there was nothing against prisoner, who had been employed on and off by the Post Office in laying cables till a month before the occurrence. The family had been pawning their linen to get bread, as prisoner had been five weeks out of work. One day's imprisonment.
THIRD COURT; Monday, April 2.
(Before Judge Lumley Smith.)
SIDNEY MAYNARD (655 V, Richmond). I arrested the prisoner, He has one child by his wife and two by Edith May, who it three months pregnant. Prisoner bears an excellent character in the neighbourhood of Richmond. The wife has gone back to her father, and has made no attempt to get an order of maintenance. He passed himself off as a single man to Edith May.
PRISONER (not on oath). My first wife did not want anything from me. All she wanted was her freedom.
Sentence, six months' imprisonment.
FOURTH COURT; Tuesday April 3.
(Before Judge Rentoul.)
FULLER, Wm. (23, hawker), pleaded guilty to feloniously breaking and entering the dwelling-house of Sophia Macdonald and stealing therein a fish knife and fork, her goods, and feloniously receiving same; also to a conviction at Newington Sessions on November 16, 1904, for felony. Police proved a number of former convictions, and described prisoner as belonging to a gang of expert housebreakers infesting the neighbourhood of Wimbledon. Five years' penal servitude.
FOURTH COURT; Wednesday, April 4.
(Before Judge Rentoul.)
SUTHERLAND, Charles (37, cook), and ALDRIGE Henry (otherwise Sutherland) (28, baker.) Feloniously breaking and entering the dwelling house of Walter Flowers Ware, and stealing therein a clasp and locket, and a number of other articles, his goods, and feloniously receiving same.
Mr. De Michele prosecuted.
WALTER FLOWERS WARE , 13, Darlaston Road, Wimbledon, stockbroker. (Medical evidence having been called that prosecutor was unable to attend, his deposition before the magistrate was read as follows.) On or about November 1 I left my
house to go for a holiday, with instructions to my servant to close up the house and premises. I identify the umbrella and other things produced as my property left in the house. Five coins produced are similar to coins belonging to my wife. I returned on November 6, and found everything upside down, and a number of articles stolen of the value of £144. Entrance had been apparently effected by the scullery door.
CHARLOTTE OSBORN . 4, The Drive, Wimbledon. In November last I was in the service of the prosecutor. I left his house on November 4. at 12.30, securely locked up, and returned at 11.15 a.m. on November 6, when I could not open the door. Sergeant Gallon was fetched, and forced the door. We found everything thrown about.
GEORGE DIGGINS , 22, St. Peter's Street, Brighton. I know prisoners as Harry and Charles Sutherland. In November, 1905, I met them in London Road. Brighton, together, and offered to give Harry a dollar for the umbrella he had. Charles said, "Can you do with it?" Nelson Tree was with us, and I asked him to lend me the 5s., and he paid it to Harry, and I took the umbrella (produced) away. I had known prisoners as customers at my mother's public-house.
Cross-examined by Sutherland. I will not swear that you said, "Could you do with it?" and that you did not say, "Could you do with another drink?" I began the conversation by offering to buy the umbrella because I had broken mine.
NELSON TREE , 9, Milton Street, Brighton, fishmonger. On Sunday night early in November I saw the two prisoners and George Diggins in London Road, Brighton. Harry Sutherland had the umbrella produced. Diggins asked me to lend him 5s. as he wanted to buy it, and I gave the money to Harry Sutherland who handed the umbrella to Diggins.
WILLIAM WOOD (defective-inspector, Brighton-Borough Police). At 11 p.m. on Saturday, November 11, I saw the two prisoners in London Road, Brighton. Charles was wearing the ulster produced. I arrested Charles on 'November 16 at the house in Brighton where both brothers had been living, and took him to the station. On searching him I found the coins produced. I also found in the room where I arrested him the ulster which he had been wearing on November 11. I found no document on him. I thoroughly searched him.
Cross-examined by Sutherland. I should say it would have been impossible for you to have had a document on you when I searched you without my finding it.
Cross-examined by Aldridge. There were some umbrellas stolen in Brighton last year.
JOHN GILLAN (detective-sergeant, V Division). I am quartered at Wimbledon. In consequence of information received I visited prosecutor's premises, 13, Darlaston Road, Wimbledon; on November 6. I found that an entry had been effected by
forcing the side door leading to the scullery and kitchen by a jemmy, leaving distinctive marks. I also found that some of the doors upstairs had been forced with a jemmy. I have compared the marks with the jemmy produced, and that jimmy could have caused them. I found the place in confusion, several of the drawers had been pulled open, and several cases containing jewellery forced open and the contents stolen. On February 27 I arrested Sutherland at Lewes. He said, "I am perfectly innocent." On the way to the railway station he said, "I must have been a fool to have got my pal to make out that receipt." He said, "I was a fool to try and get the receipt made out by a chum. I have had three days bread and water for doing that. My brother Harry belongs to a rough mob; he has brought this. I saw Detective Wood one night at Brightion. Harry said to me, 'There is old Wood, he is looking as black as hell at us," I conveyed him to Wimbledon, where he was charged. I searched him and found in one of his pockets the receipt produced. He said, "That is a receipt for the coat. I bought it from a man at Brighton." The receipt is "Received from C. R. Sullivan the sum of 15s. for a second-hand overcoat; Frank Harris, 9, Mall Road, Hammersmith." I have made inquiries at that address and found that nobody of the name of Harris has resided there for the past 11 years.
Cross-examined by Sutherland. It would have been possible for you to have got paper to make out that receipt after Detective Wood searched you. While you were in Lewes Prison it was alleged that you wrote on this piece of paper (produced), "Received from C. R. Sullivan, the sum of 15s. for the secondhand overcoat; F. Harris, 9, Mall Road, Hammersmith, London."
Cross-examined by Aldridge: I compared the marks with the jemmy last month.
ARTHUR CROWHDRST . On November 14. 1905, I arrested Henry Aldridge at Woking. I found upon him part of jimmy produced. The other part was found upon a man named Collins, who was sentenced at. Surrey Assizes last November.
Cross-examined by Aldridge. The other part of the jimmy was found at Aldershot. This is an implement adapted for burglary; it is a home-made instrument, made of a piece of steel attached to a piece of gas pipe.
MARGARET WARE , wife of prosecutor. I recognise the coat and umbrella produced as my husband's property, and as missing at the time of the burglary. The coins produced are similar to some that were taken belonging to me.
Cross-examined by Sutherland. I will not swear there was a 4d. piece.
ALDRIDGE (prisoner, on oath). On Sunday, November 5, at Brighton, which is my home, I met a man whose acquaintance I had made in Wormwood Scrubs Prison, who told me he was doing very well as a commercial traveller, and asked me if I wanted to buy an umbrella. I eventually bought it for 3s. 6d.; that same night I met the witness Diggings. After treating him he offered to buy the umbrella, and I sold it to him for 5s., making a profit of 1s. 6d. It was his proposition to buy it. Collins was convicted with me for housebreaking last December. This jemmy was his property.
Cross-examined. I bought the umbrella from a man named Scottie; he also went by the name of Harris. I have no idea where he is. I am serving 18 months for housebreaking. I was arrested for that at Working with Collins on November 14 last I occupied rooms in the same house as my brother at Brighton; we are both married. I bought the umbrella of Scottie on Sunday, November 5. I have seen the coat on my brother since—on the following Friday. I have not seen Scottie since, because I was arrested on the 14th.
CHARLES SUTHERLAND (prisoner, on oath): I have been employed by the British Hornets Assurance Corporation as a superintendent on commission. On my way home coming out of the train about one o'clock a chap said to me,"Are you Harry's brother? Do you want to buy a coat?" I did want to buy a coat—I had only a few weeks returned from Australia. I said, "Yes, who has got it?" "That fellow over there." He pointed to one or two men, and beckoned to one to come across. I went into the third-class waiting-room and fitted the coat on. The man asked me £1 for it, and laid he had bought it for 15s. at a misfit shop: I gave him 15s. for it, and asked him for a receipt, which he gave me. (Produced.) I wish to explain what I was in Lewes Prison for. On coming; home from Australia I expected money would be placed to my credit at the London and County Bank, which was not done, and I tried to borrow from a money-lender, and used my brother's name to obtain a loan of £10, which I was paying back at 10s. a week. I had paid three weeks, and was not able to make the fourth payment, when it was found I was not the actual man whose name I had used. I pleaded guilty, and was sentenced to three months for that offence, although my brother said if I had asked him he would have advanced me the money. During my imprisonment in February I received an intimation from the Governor of Lewes Prison that I was to be arrested on the present charge. I knew nothing about it, and wrote to Scotland Yard. I was told I was to be arrested on a charge of housebreaking at Wimbledon. I then petitioned the Home Secretary, asking for more particulars; that letter was not answered.
On my release I stated that I had proof of the receipt for the coat that was found in my possession. It was in my plain clothes. I thought if I could get a copy of the receipt for my wife to send to a gentleman, whose name I will write down, and who has known me ever since I was 15 years of age. he would inquire at Hammersmith into the whereabouts of Harris. I am an innocent man, and have committed no crime. I have never in my life been in the neighbourhood of Wimbledon, and have been away from England a matter of 11 years. I was in Brighton on November 4, and my brother also. We had only the day before moved into the house where we were living.
Cross-examined. I do not know where Frank Harris is. I have never seen him before or since. I did not wear the coat on the 16th. I had the receipt on me when I was searched.
FRANCIS COLLINS . I was arrested on November 14 at Working. I have not the date fixed in my memory, hut I should say Henry Aldridge could not have had the jimmy produced in his possession between November 4 and b last, because it was in my possession.
Cross-examined. I have known prisoner Aldridge a little over five months. I went with him to Working. We did not stop at Wimbledon. The burglary for which I was convicted took place at Working. I was arrested at Alders hot. I was only in Working an hour. You can very often do a burglary under an hour. The jimmy produced was given to me by an acquaintance. I cannot say when.
Verdict, Aldridge guilty of burglary and receiving; Sutherland, guilty of receiving. Conviction proved against Sutherland, three months' hard labour for fraud; against Aldridge, two months in 1903, 10 months in 1904, 10 months in 1905. Sentence, Aldridge five years' penal servitude; Sutherland, six months' hard labour.