1906, APRIL (2).
Vol. CXLIV.] [Part 859.
CENTRAL CRIMINAL COURT
HELD APRIL 30TH, 1906, AND FOLLOWING DAYS.
MINUTES OF EVIDENCE,
TAKEN IN SHORTHAND BY
Shorthand Writer to the Court.
POINTS OF LAW AND PRACTICE
R. F. GRAHAM-CAMPBELL, ESQUIRE,
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 30th, 1906, and following days.
Before the Right Hon. WALTER VAUGHAN MORGAN, LORD MAYOR of the City of London; the Hon. Sir ARTHUR RICHARD JELF , Knight, one of the Justices of His Majesty's High Court; Sir HENRY E. KNIGHT , Sir WALTER WILKIN , K. C. M. G., Sir MARCUS SAMUEL , Bart., Sir GEORGE W. TRUSCOTT , T. B CROSBY , and W. GUTHRIE , 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; and His Honour Judge LUMLEY SMITH , 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. SEVENTH SESSION.
LONDON AND MIDDLESEX CASES.
OLD COURT; Monday, April 30.
(Before Mr. Recorder.)
GRUNDY, Charles Sydney (30, solicitor), pleaded guilty to stealing the several sums of £1, £10, and £3 10s., the moneys of Harold Carlile Morris, his master. Police and other evidence to the effect that, until this offence, prisoner had borne an excellent character. Sentence postponed till next Sessions.
Mr. Beaumont Morice prosecuted.
The Recorder, in passing sentence, said. It used to be the practice of all judges, in the case of the Post Office servants, to pass a sentence of penal servitude; because the opportunities which postmen have of robbing are quite infinite, and it was thought necessary to past a sentence of penal servitude as a deterrent—as I well remember during the many years that I practised at this Court I am happy to say that that Draconian system has ceased to operate for many years past. But, at the same time, it is very necessary that there should, if possible, be uniformity of sentences in the case of Post Office servants, and it is absolutely necessary, in the public interest, that the punishment passed upon a postman should be more severe than that passed upon an ordinary individual, with a view to the protection of the public. It has been my practice, since I have occupied the position that I now fill, to pass, unless there are circumstances of exceptional aggravation, a sentence of nine months' imprisonment with hard labour. From that sentence I do not very often diverge. But there are exceptional circumstances in this case. This is an isolated act, and in your statement to me you say that you do not know how on earth you came to do it. You have been for many years in this service.
There is no evidence before me, nor is it suggested by counsel for the Post Office authorities, that there is any reason to suspect you of any previous act of dishonesty. Therefore, I think—and the most experienced alderman who is sitting beside me concurs with me—that the public interest will not suffer if I pass upon you a sentence of six months' imprisonment with hard labour. Having regard to the fact that you remained in custody, when you might have been admitted to bail, I will consider that you have in effect already served one month of that term, and the sentence upon you therefore is that you be imprisoned with hard labour for five calendar months.
FELIX, Charles William (24, barman), pleaded guilty to feloniously demanding and obtaining from H. M. Postmaster-General the sum of £1, by virtue of a certificate forged and altered P. O. Savings Bank deposit book, knowing same to be forged and altered and with intent to defraud.
Prisoner had an account at the Post Office Savings Bank; by withdrawals it was practically closed, but he had not given up his pass-book. By erasing one, entry of a withdrawal of £1, and altering the balance, he was able to take advantage of a recent rule by which a depositor may withdraw on demand, without notice, an amount not exceeding £1, the pass-book being taken as evidence of the necessary credit. Prisoner presented his pass-book, forged and altered so as to show a balance in his favour, and obtained £1 over the counter at a local post-office.
Sentence, Ten months' hard labour.
GRIERSON, George Joseph (39, agent), pleaded guilty to forging and uttering four several writings purporting to be proposals for life insurances, with intent to defraud. To other indictments, for obtaining various sums from the Pearl Insurance Company by false pretences, and for embezzling various sums received by him from and on account of the Pearl Insurance Company, his masters, prisoner pleaded not guilty.
Mr. Cecil Fitch, for the prosecution, said he was content to rest the case on the indictment to which prisoner had pleaded guilty.
Mr. Travers Humphreys, who appeared for prisoner, said, by way of extenuation, that prisoner was a married man, with seven children; his wife was a confirmed dipsomaniac; she pawned everything in the home, even the children's clothing. He had been earning only a small weekly salary, and had been driven to these devices to obtain petty sums of a shilling or two or three shillings at a time, his total defalcations from the Pearl Company amounting to less than £12.
REV. BERNARD SNELL , minister of the Brixton Independent Chapel, said that prisoner, who was a member of his church and sang in the choir, had the reputation among all his colleagues of a thoroughly respectable, steady man.
ELIZABETH TYLER , sister of prisoner's wife, confirmed counsel's statement as to the unhappy domestic life, the result of her sister's drinking habits; prisoner himself did not drink, and was a good husband and father.
Sentence, Three months' imprisonment in the second division.
Mr. Beaumont Morice prosecuted.
ELLA KERRIDGE , clerk to the Coal Supply Association, of 6, Vincent Square Mansions. On April 7 I went to the Churton Street Post Office to obtain a foreign money order for £4 3s. 10d.; I paid £4 4s. 10d., and received a form to fill up, which I took back to our office. The money I put underneath the brass rail on the counter, four sovereigns, and the rest in silver and bronze.
ALICE SWAN , clerk at Churton Street Post Office. I remember the last witness coming in on April 7 just alter ten in the morning, and leaving with me £4 4s. 10d.; I pulled the money through the brass rail to my side of the counter. Prisoner came in and offered to sell me some bootlaces. While I was looking at the bootlaces my fellow-clerk, Miss Lane, called out that he had taken my money. Prisoner ran out of the office, and I ran alter him and raised an alarm, and he was caught. I am certain this is the men.
To Prisoner. The office was quite empty at the time.
LILIAN LANE , clerk at Churton Street Post Office. I remember prisoner coming into the office; there was no one else there at the time on the public side. While he was talking to Miss. Swan I saw him put his hand under the brass rail; he took up some money and rushed out. I called out to Miss Swan, "The man has taken your money," and she ran out after him. I am sure prisoner is the man.
To Prisoner. I was half a yard away from Miss Swan; it is not true that I was four yards away at the other end of the office.
JAMES CROSBY , hotel lift attendant, 33, Hanover Street, Pimlico. On April 7, at 20 past 10, I was walking up Churton Street, when I saw prisoner rush out of the post office; he was followed by two ladies, who shouted "Stop thief "; I ran after prisoner, also crying out, and saw prisoner stopped. I saw him put his hand over his shoulder, and throw something away; I cannot say what it was; there were road repairs going on, and whatever it was it made no noise.
To Prisoner. I did not say at the police court that I saw you throw "coins" away; you threw something, I cannot tell what.
WILLIAM FERGUSON , furniture dealer, 203, Vauxhall Bridge Road. On April 7 I heard people crying,"Stop thief," and saw prisoner running, and I stopped him. He went to raise his hand, but I did not see anything go out of his hand; it seemed to me as if he was beckoning to somebody, because there were some workmen in the road looking at him.
FRANCIS HEPBURN , a schoolboy. On April 7 I saw prisoner running along Vauxhall Bridge Road, and a crowd crying, "Stop thief "; I saw last witness catch him. I saw prisoner put his hand over his shoulder, and as soon as he had done that a workman on the tramline stooped down and put something in his pocket.
SAMUEL LEWIS (P. C., 170 B). Prisoner was given into my custody on April 7 in Vauxhall Bridge Road, and charged with stealing £2 0s. 3d.; he said he did not do it; no money was found on him; he had one pair of laces; asked for his address, he gave "No fixed abode." He made no statement before the magistrate.
PRISONER (not on oath). I am not guilty. I admit I was in the post office; I went there to try to sell some bootlaces to buy some tobacco. My brother happened to be passing, and he called me. I left the post office and as I left there was a lady there, a well-dressed female, with an umbrella. I ran to overtake my brother; as I was running there were cries of "Stop thief," and I was stopped and arrested. When I was searched they found no money on me.
To the Court I cannot say what became of the female; she disappeared.
Miss SWAN and Miss LANE, recalled, repeated that no one was in the public part of the office except prisoner.
Verdict, Guilty. Prisoner pleaded guilty to a conviction at Marlborough Street Police Court, in January last, for felony, in the name of Donovan; and the police further proved a conviction in 1904. Sentence, Eight months' hard labour.
NEW COURT; Monday, April 30.
(Before the Common Serjeant.)
KENDRICK, Samuel (25, labourer), and PALMER, Maggie (19, flower-seller), pleaded guilty to uttering counterfeit coin twice on same day well knowing the same to be counterfeit, and possessing counterfeit coin with intent to utter the same.
Mr. Partridge prosecuted.
Thirteen counterfeit coins were found in the possession of the
prisoners. On Wednesday, April 18, Palmar purchased twopennyworth of chocolate at the shop, 139, Lavender Hill, tendering a counterfeit florin, which being found to be bad was returned to her uninjured. One of the shop assistants followed the woman, and saw her join the man. They were afterwards pointed out to P. S. Daniel Chapman and Constable Richard Hetley, who followed them without being observed to St. John's Hill, where the woman again went into a shop, leaving the man at a distance, and effected a purchase with counterfeit money. They were then seized, and 10s. 6d. in good money and 3s. 6d. in bronze was found upon them, together with several parcels, the result of small purchases. At the North London Sessions on June 9, 1903, Kendrick was sentenced to nine calendar months' hard labour for stealing; on January 25, 1902, at North London Sessions, to six months' hard labour for loitering with housebreaking implements in his possession; on October 25, 1904, at Guildhall Police Court, to six months' hard labour for being a suspected person loitering. Palmer had also a bad record. Some three months ago a man was assaulted and robbed of a gold watch and £25 in a room in Dorset Street where she was living. She was at that time acting as decoy for a gang and had been so for some months. The man who was concerned in that robbery was sentenced at the North London Sessions to seven years' penal servitude, and another woman to twelve months' hard labour, Palmer herself being discharged. Mr. McConnell advised her to leave such associations, and go with the missionary lady. She did so, but left the missionary the same night, and was seen in Dorset Street the next day. She acts as a prostitute, and has been with the male prisoner about three weeks.
Sentence, Kendrick, three years' penal servitude; Palmers, four months' hard labour.
The Common Serjeant said that Sergeant Chapman and Constable Hetley deserved special commendation for watching prisoners and effecting their arrest.
WAY, Charles (31, clerk), pleaded guilty to feloniously obtaining from Louis Charles Dettmer three albert chains and other goods by virtue of certain forged instruments, knowing the same to be forged, and with intent to defraud. Prisoner pleaded guilty to other similar offences.
Mr. Hutton prosecuted; Mr. Burnie appeared for prisoner.
The Common Serjeant said he had read the depositions, and it was very extraordinary that a man should have committed this series of forgeries who had never been convicted.
Mr. Hutton said the prosecutor in the case was Mr. Wallace Tripp, 24, Percy Street, Tottenham Court Road, diamond merchant and jewellery manufacturer. Prisoner, a clerk in his
employ for several years, had to order from different firms unfinished goods necessary to the process of manufacturing jewellery from Calipe, Dettmer, and Co. The extent of Mr. Tripp's order was about £2 a month, paid sometimes in cash and sometimes by cheque. The forgeries commenced in September of last year, when prisoner ordered finished goods, such as Albert chains and rings, and clown to March of this year he had so ordered goods to the amount of £123 11s. 4d., which he had pawned. The prosecutor felt very much aggrieved against Calipe, Dettmer, and Co. for not letting him know that such a large sum was owing before March 26, when he received a telephone message asking for £60 on account. Mr. Tripp at once sent a representative to know what this meant, and was told that the goods had been forwarded to prisoner's written order. Prisoner, when questioned on the subject, gave a full and undoubtedly truthful account of the matter. Prisoner had hitherto borne a perfectly good character, and prosecutor, while feeling bound to prosecute, desired to commend him to the mercy of the court.
Mr. Burnie, for prisoner, described the case as exceptional. Prisoner had been tempted to the fraud through betting transactions and by the facilities afforded him. It seemed a pity that the fraud was not at once stopped by reference to the prosecutor.
Sentence, Twelve months' imprisonment.
Mr. Purcell prosecuted; Mr. Arthur Hutton appeared for prisoner.
Prisoner for twenty years had been manager to a firm of hop merchants in the Borough, with salary and earnings amounting to between £500 and £600 a year. On April 24, 1886, he married Amy Priscilla Blandford, with whom he lived until 1899, when, in consequence of him having treated her badly, they parted, and he agreed to allow her 32s. a week, which had been regularly paid. In 1900 he made the acquaintance of Miss. Smith, to whom he represented himself as being a bachelor. She was living with her father and mother, and was in the employ of Messrs. Felix and Co., ostrich feather merchants. After two years' courtship prisoner married her in September, 1902, when of course she gave up her employment. For two years, according to Mr. Purcell, prisoner appeared to have treated her well. Then he took to drink, and Miss Smith intercepted a letter addressed to him in a woman's handwriting signed "Lil," and showing quite clearly that he was carrying on an intrigue with another woman. Miss Smith then made inquiries, and found that the man she supposed to be her husband
had a wife living. She at once left him, and communicated with the police. When arrested he said: "I shall plead guilty to this, and when it is all over I shall end it If I could have got upstairs last night I should have ended it then. I was a fool ever to have done it, as my first wife was a good woman, and I have been allowing her £84 a year." Another letter had come into the hands of the police showing that there was a woman to whom he had been engaged for some fifteen months, representing himself as an unmarried man. A circumstance in the case, not unworthy of note, said Mr. Purcell, was that prisoner's friends and family knew perfectly well that he was married, and that his wife was alive, but they never gave the least word of caution to the second "wife," and one of prisoner's fellow-clerks, to whom he handed the 32s. a week to take to the first wife, was actually present at the second wedding, and gave the second "wife" a wedding present None of them appeared to have thought there was any duty upon them to tell her that the man she was marrying had a wife living whom he was regularly supporting.
The Common Serjeant It is a question whether they are not liable for aiding and abetting the felony.
FLORENCE SOPHIA SMITH . prisoner was courting me for two years and a half, and represented himself to be a bachelor living in bachelor lodgings. He visited me at my father's house nearly every night Prior to the marriage there was no intimacy between us. For 18 months after marriage he treated me well. Then he neglected me, and went out a great deal. I had bad health, and was left alone in the house a long time. Then I got suspicious about him, and one day followed him. I followed him four days to the same house, where I found him in a room with a woman and a child. That was about three weeks before he was arrested. The letter produced signed "Lil" was received when he was at home for a fortnight There seemed to be people waiting about the house, and he was very nervous. I opened the letter, though it was addressed to him, as I felt there must be another woman. I copied the letter, and gave him the copy, and he said he knew nothing about it. After Christmas he told me when he was in drink he had an illegitimate son. He had a letter from the boy. That was the son by his marriage with his wife. I gave up my employment with Messrs. Felix upon my wedding, and now I have nothing in front of me practically but to turn out and work where I can get it. He prevented me selling my home—the scoundrel.
Cross-examined. Prisoner did not make me an allowance of 12s. or 15s. a week before marriage or buy the trousseau. Except for a few presents, he spent no money on me before marriage. He did not buy mourning for me at my sister's death. That was paid for out of money my mother received from the insurance company.
Re-examined. When prisoner was arrested I stored the furniture. A great deal of that I had bought with my own money, and there were some presents. Prisoner lodged a claim against it and prevented my selling it.
DETECTIVE SHARP . Since prisoner has been committed for trial the Governor of Brixton Prison has sent me a letter which was addressed to prisoner there. It is an anonymous letter, and refers to a woman he was living with. I have seen the woman at the house to which Miss Smith followed prisoner. She is a Mrs. Elizabeth Norton, and told me she had been engaged to him for fifteen months, and believed all the time he was a single man.
Mr. Hutton, for the defence, said prisoner had been for 23 years in the employ of Messrs. Wigan, Richardson, and Co., hop merchants, and rose from junior clerk to be manager, a fact that testified to his good character. Being separated from his wife he held the mistaken view that he could marry again and it was not till he had been married to Smith for twelve months that he found he had committed a serious crime.
RICHARD LOW , warehouse manager, High Road, Lewisham. I have known prisoner 20 years. He lived happily with his wife until they separated, and he had the reputation of being a kind husband. Lately, unfortunately, he has taken to drink.
Sentence, Three years' penal servitude.
Mr. Bohn prosecuted; Mr. Forrest Fulton appeared for prisoner.
Prisoner was married in 1896, and there were two children of the marriage. She left her husband in 1899, and made the acquaintance of Hooper in 1903, and the bigamous marriage took place in 1905 at a registry office in Blackfriars Road. The matter came before the court because Hooper, hearing of the first marriage, wanted to clear himself. When arrested on April 4 prisoner said, "Do not lock me up. I did it on the impulse of the moment. It has been a wrong to me ever since."
Sentence, One month, hard labour.
Mr. G. Gregory Fisher prosecuted.
CHARLES BRANDS , waiter, 13, Wynford Road, Islington. On April 6, at about one o'clock a. m., I was walking from Upper Street to Liverpool Road. I left my business at about half past 11 at the Great Eastern Hotel, and had a cab as far as the Angel. I was followed up Liverpool Road till I got to the back of the Agricultural Hall. I was deep in thought, and a fellow who was walking beside me asked me for a light, but before I could give him a light he butted me in the stomach and had his hands in my pockets. I hit him, and he then put his head between my legs. I called "Police," and with that three men rushed across the road. I thought they were coming to rescue me, but they held me down. I still kept calling "Police," and they ran off in different directions. Harty was the last to leave me, and the police coming on the scene, in response to my shouts, ran after and caught him. I identify Harty. He did not take any money. My watch and chain were taken while they were holding me down. I kept Harty in sight until he turned the corner. At the back of the Agricultural Hall I found him in the custody of the police.
To Prisoner. I was not drunk, but perfectly sober. I had been on a very late dinner at the Great Eastern Hotel. I had not time for either a train or a 'bus, so I had a cab as far as the Angel. I had two free drinks during the evening, which are allowed. After leaving I went into a public-house and had two bitters. If I had been the worse for liquor I should have ridden all the way home. The man who was walking by my side in Liverpool Road was three paces away from me. We were not walking arm in arm.
HERBERT WRIGHT (P. C. 525, N). On April 6 at one a. m. I was in Cloudesley Square and saw prisoner running up Liverpool Road followed by another constable. I ran after him and stopped him. Prosecutor came running up behind and said prisoner was one of four that had robbed him of a watch, chain, and money. Prosecutor was quite sober. Prisoner denied the charge.
WILLIAM AVERY (P. C. 391, N). On April 6 at one a. m. I saw prisoner struggling with prosecutor in Liverpool Road. I ran up to see what it was, and prosecutor said, "He has stolen my watch and money." Prisoner and another man ran away. I ran after this man, and in Cloudesley Square he was caught by the previous witness. Prosecutor identified the prisoner.
PRISONER (not on oath). I am not guilty. I know the people who did it. I do not know them by name; I know them by nickname, and I know them more by sight, but I had no hand in it whatever.
Verdict. Guilty of robbery. Police proved that prisoner was sentenced on April 6, 1905, at Clerkenwell Police Court to six months' hard labour for stealing a bicycle in the name of Henry
Harty. There are three other convictions against him, and he has, generally, a bad character. Sentence, Twelve months' hard labour.
Mr. Robert Wilkinson prosecuted.
JOHN HILL , fishmonger, Devas Street, Bromley-by-Bow. Prisoner came to my shop on Saturday, April 14, about eight o'clock, and asked for a nice piece of fish and potatoes. I gave him a penny piece of fish and a ha'porth of potatoes. He tendered in payment a 2s. piece and I gave him 1s. 10 1/2 d. change. When he had left the shop I picked up the 2s. piece to see if it was a good one, and on putting it between my teeth it bent. I handed the coin produced to the officer, who took him into custody. I followed prisoner, and saw him join two other persons, a man and a woman, and he gave the "lady" the fish and potatoes he had bought off me. When he separated from them he went into the "Lord Nelson," and the man and woman walked on. I sent my "missis" for the police. A man named Steel followed the prisoner into the "Lord Nelson," and met him just as he was coming out. Prisoner then went on towards the "Two Beehives" beerhouse across the road, and about 20 yards or 30 yards away. I still followed, and saw the man and woman outside when he went in. In the meantime I had sent Steel to find the policeman on the point. When I went into the "Two Beehives" Gingell, the landlord, had a two-shilling piece in his hand. I asked him to let me see the money he had taken from prisoner, and he showed me a bad two-shilling piece. The constable then arrived and prisoner was taken into custody.
WILLIAM MASKELL , barman at the "Lord Nelson." I was serving on the evening of the 14th, between quarter and half-past eight. I served prisoner with a small soda, and he gave me a florin in payment. The man Steel then made a communication to me, and on looking at the coin again I found it to be a bad two-shilling piece. I think this coin (produced) is the one he gave me. I went after the prisoner and found him in the "Two Beehives," where he was given into custody.
ERNEST GINGELL , licensee of the "Two Beehives." I was serving in the bar on the evening of the 14th. At ten minutes past eight prisoner came in and asked for a small bottle of soda water. He tendered in payment a two-shilling piece, which I found to be counterfeit. Prisoner rolled into the bar and pretended to be drunk, but when I spoke to him about drinking the soda water out of the bottle he appeared to be sober, and he was sober at the time he was arrested. I afterwards handed the coin to the constable.
GEORGE DEAN , 634 K. I was called into the "Two Beehives" on the night of the 14th. I found prisoner detained there and he was given into custody on the charge of uttering counterfeit coin. The three counterfeit two-shilling pieces produced were handed to me. On Marching the prisoner I found on him 2s. 6d. in silver and 1d. in bronze. When taken into custody prisoner said nothing. At the station he said, "I am the b——y can for the others," meaning that the other people had made use of him for the purpose of uttering the coins. He refused to give any address.
PRISONER (not on oath). On the Saturday the prosecutor speaks about I was in a house in the Whitechapel Road called "The Blind Beggar" and met there a man with whom I got into conversation about racing, and he asked me for a tip for the City and Suburban and I gave him Ambition. He asked me to have something with him, and at seven o'clock we went out and met a lady, whom he introduced as his sister. We went walking down the Mile End Road and had several more drinks and I began to get intoxicated. Eventually the woman asked me to go to the fish shop in Devas Street and get her some fish and potatoes, as she did not care to go in herself, and gave me the two-shilling piece. When I came out the man told me I had better go and have a soda, and gave me a two-shilling piece for the purpose. He then said I had better have another and gave me another two-shilling piece. When I was in the "Two Beehives" two men rushed in and gave me in custody. I did not know the two-shilling pieces were bad, and, if I had been intentionally passing bad money, is it feasible that I should have gone into places so close to each other?
GEORGE DEAN , recalled. Prisoner, when charged, refused to give any account of himself, and search of the records and examination of the finger-prints do not reveal anything against him. After his arrest it was discovered that he had been living for sixteen months at 33, Springfield Road, in the name of Lee, with a woman and four children, paying 6s. a week rent. It is asserted that he has been working for his mother, who is a feather-cleaner, but no information can be obtained to substantiate this. The "wife" refused to give any information.
Sentence, Six months' hard labour.
OLD COURT; Tuesday, May 1.
(Before Mr. Justice Jelf.)
EAMES, Frederick George (24, labourer) , feloniously causing bodily harm to Emily Saunders, with intent to kill and murder her and to do her some grievous bodily harm. Prisoner pleaded guilty to the lesser charge.
Mr. Lawless prosecuted.
Detective-sergeant TONBRIDGE. Prisoner had been lodging with the prosecutrix and her husband for about nine months. He did no work, and they were practically keeping him. He made love to the woman, and was ordered out of the house. The husband found him a situation as platelayer on the Great Central Railway, but he was too lazy to get up to go to work, and was in consequence discharged. Prisoner is an army reservist. He joined the Bedfordshire Regiment in January, 1902, and his time expired in January, 1905. He came out with a good certificate, but since then has done little or no work.
Sentence, Nine months' hard labour.
ROSENBERG, Fanny (22), was indicted for the murder of her newly-born female child; the Grand Jury having ignored the bill as regards the charge of murder, prisoner was proceeded against for concealment of birth.
Mr. A. E. Gill and Mr. Leycester prosecuted; Mr. Burnie (at the request of the court) represented prisoner.
GEORGE WILLIS , 168, H. On March 18 I went to 13, Casson Street, with Police-constable Hawkins about six in the evening, and, accompanied by a Mrs. Bernstein, entered a back room on the ground floor. I saw prisoner sitting on the bed. Rebekah Lewis was present. I asked Rosenberg what was the matter. She shrugged her shoulders. Rebekah Lewis said, "What do you mean?" and pointed to something on the bed. I went round to the other side of the bed and saw a red petticoat lying on the bed outside the clothes. I turned it over and saw the child wrapped in a blouse, one sleeve of which was tied tightly round the neck. I undid the knot, turned the blouse back, and saw the child. A handkerchief was stuffed in its mouth, and a small piece of it was hanging out. I pulled it out, at the same time saying to Rosenberg,"Who did this?" She replied: "I did." I then sent for the divisional surgeon. The body was cold.
Mr. Justice JELF. Is that the only evidence of the secret disposition of the body of the child?
Mr. Gill said that was the only evidence. The woman appeared to have been in the room by herself when she was confined.
Mr. Justice Jelf thought the mere covering of the body did not amount to secret disposition.
Mr. Gill admitted that the facts here went beyond any case decided hitherto. The nearest case was where the child was covered by a bolster.
Mr. Justice Jelf said this seemed to him to be carrying the
case further than such a case had ever been carried. The more fact of covering the body with a petticoat was not sufficient. There was a case of Reg. v. Perry (Dears, 471), where the body was put between the bed and the mattress, which might be co mpared to putting it into a box, as it was a place which might not be examined, and afforded an opportunity of removal and final disposition at a later time. That and the bolster case (Reg. v. Goldthorpe, 2 Mood. C. C., 244) were the nearest to this; but he did not think it right to extend the principle to this case. It was, of course, a very suspicious case; but the larger charge had been quite properly thrown out by the Grand Jury, the child being an eight months' child, and the surgeon being unable to say positively that there had been separate existence. Apart from grave suspicion, and looking at the matter as a question under the Statute, the ingredient of secretly disposing of the body of the child was wanting.
By direction of the judge the jury returned a verdict of not guilty, and no evidence was offered upon the coroner's inquisition.
FULFORD, Alfred (21, soldier) . Feloniously attempting to throw George Smith under a railway train with intent to kill and murder him; assaulting George Smith, a metropolitan police-constable, with intent to resist the lawful apprehension of himself; assaulting William Alfred Starkey.
Mr. Leycester prosecuted; Mr. Charles Mathews defended; Mr. Guy Lushington appeared for the London and South Western Railway Company.
WILLIAM ALFRED STARKEY , timekeeper on the London and South-Western Railway. On April 1, at quarter to one, I saw prisoner at the Queen's Road Station. He was in uniform and accompanied by a woman. They came from the roadway up the steps of the station and along the platform on to the up Windsor through line, walking towards London. They got on to the rails by walking down the slope at the eastern end of the platform into the four-foot way and their backs were to the approaching trains. I followed them and asked prisoner where. he was going. He said to Battersea. I replied,"That is not the way to Battersea and you had better get back as soon as possible." He then commenced to abuse me and struck me in the mouth, making it bleed. I called to the flagman, John Isaacs, who was standing on the platform, to go for a police-constable, and Constable Smith came upon the scene a few minutes afterwards. In the interval I had got the prisoner 20 or 30 yards nearer the platform. I caught hold of him by the coat and was pulling him. When the officer arrived we were between the up Windsor through line and the linesman's hut, or toolhouse. I pave prisoner into custody, and told him I should charge him with assault and trespass. The constable said to
prisoner,"You had better come quietly," and prisoner replied "I will fight you as well, and more." On turning round I saw that the train on the up Windsor through line had been stopped at the platform by the signalman. The signal-box was about 30 yards away, and I asked the constable if he thought he could manage prisoner while I went to the signalman to let the train through. He replied that he thought he could. Prisoner was then standing with his back to the toolhouse, the constable holding him. I ran towards the signal-box and called out to the signalman to let the train go by. He accordingly altered the signals and let the train through. When I turned round to go back to where I had left the constable I saw both of them struggling on the ground, but before I could reach them they had regained their feet. When they were on the ground they were between the linesman's hut and the up Windsor through line. The distance between the line and the hut was 7 ft. I then saw prisoner get hold of the constable by the throat with both hands and force him backwards towards the train which was then passing, at the same time saying,"You b——r, I will put you under the train." The constable was nearest to the train. I ran to the constable's assistance, and got hold of prisoner by the throat and endeavoured to force him backwards to the toolhouse, when some portion of the train which wan passing caught my left hand, cutting it. I could not see whether the train touched either of the others as it was very dark. The struggle continued, prisoner saying,"I will put the two of you b——rs under the train." He struck me again in the mouth causing it to bleed still more. We then threw him to the ground, and, having obtained further assistance after the train had passed, we carried him on to the platform, where he became so violent that he was strapped down to a company's stretcher and was taken to the police station. At the station he behaved most violently. He was drunk. The woman escaped up line during the melee and was afterwards caught walking in the down Windsor four-foot way towards London. We reached her just in time to push her out of the way of an approaching train. She was brought back and charged with being drunk and disorderly.
Cross-examined. I should describe prisoner as having been mad drunk. I recollect him saying amongst other things that his father was a foreman on the line. He also mentioned the name of Sergeant Nichols. At the time I stopped him he was walking in a position of very great danger to himself. The step of the carriage would overlap, I suppose, by 8 in. or 9 in.
Re-examined. Prisoner took me for Sergeant Nichols, and said, "Sergeant Nichols. I will b——y well shoot you." I do not know any Sergeant Nichols, who was presumably a sergeant belonging to his own regiment.
WILLIAM HENRY MERRICK , civil engineer, employed at the Waterloo Station. I produce the plan of Queen's Road Station, which correctly shows the different lines, the platform, the signal-box, the toolhouse, and other sheds. The space between the toolhouse and the up Windsor line is just about 7 ft., and the train overlaps just about 2 ft., leaving 5 ft. for safety.
GEORGE SMITH (P. C. 616, W). A little before one on the morning of April 1 I was called to Queen's Road Station, and found prisoner and a woman detained by Starkey about 20 yards or 30 yards from the platform on the rails. Starkey said that he wished to give the prisoner into custody for trespassing obstructing him in his duty and assaulting him. Prisoner appeared to be very drunk, and I asked him what he meant. I asked him to go on to the platform, and he said, "No, I shall not go on to the platform. I will murder you; I will throw you on to the line." I still persuaded him, and at last I told him I should take him into custody, and caught hold of him by the belt. He made a blow at me which struck me in the chest. He kicked my feet from under me, and we both went to the ground. He struggled very violently and tried to force me on to the metals. With the assistance of one or two we got him up. He then struggled again. I backed him against the shed about 7 ft. or 8 ft. from the metals. There was a train coming in, and Starkey said he would go and stop the train. Starkey asked me if I thought I could manage him, and I said I would try. As soon as Starkey left me prisoner became very violent, and we struggled. I could see the train then coming along the line. I begged prisoner to be quiet. I could see the danger we were in. We both went to the ground again. The train was then close alongside of us, and we were lying head towards the approaching train, about 3 ft. away from the line. Prisoner seemed to get the upper hand of me, and turned me over, and my legs went round towards the rail. As the engine was passing the footplate or brake of the engine caught my right heel and turned it round into safety. I kept begging him to desist his violence and get up, and I was still clinging to his belt when Starkey came to my assistance. Prisoner said: "I will throw you both under the train; I will kill you both." When Starkey caught prisoner by the neck he was struggling with me and trying to force me back on to the rails. Some portion of the train struck Starkey and cut a piece out of his hand. We then threw him to the ground and secured him till we got further assistance, when we carried him on to the platform and strapped him on to the company's ambulance.
Cross-examined. Prisoner was drunk, and appeared more like a madman for the time being. The struggle occurred in a space I should say of between 7 ft. and 8 ft. Prisoner himself was at times in as much danger of being run over as we were
I resumed duty in about ten days. I had no outward injury, but was very much unnerved for several days.
JOHN HENRY LIGHT , signalman. On the morning of April 1 I saw Starkey, prisoner, and the woman outside my signal-box a little before one in the morning. I went down to them. This was before the constable had arrived. I asked what was the matter, and asked the soldier to go away. Starkey told me he had sent for a constable to have him locked up for trespassing on the railway. Prisoner was saving all manner of things, one being that he was going up that way to Battersea. He pulled his belt off and said he was going to box Starkey. He asked me to take his belt, but I told him to put it back again, and he put it back again. Finding that he was that way inclined, I went back to the signal-box and had all signals put at danger, which would prevent trains passing through the station on that road. As there was a train coming, I asked them what they were going to do, and I asked the constable to remove him on to the platform, which was easier said than done. They assured me nothing should happen, and I could let the train go. I went back to my box and let the train through. I did not see what happened when the train was going by. The next thing I saw was the soldier lying on the ground after the train had passed.
Sergeant-Inspector SHORTHOUSE (W Division). On the morning of April 1 I was acting-inspector at the Battersea Park Road Police Station, when prisoner was brought in on a stretcher. He was drunk and very violent, so violent that I had him removed from the dock and held on the floor while I took the charge. When I saw him again at seven in the morning he was quiet and sober. I asked him if he understood the gravity of the charge against him, and he said "No." I had not charged him with attempted murder. There were three or four charges against him. He was charged with trespassing on the railway and obstructing railway servants in the due execution of their duty, and with assault on Starkey, with assaulting Smith by kicking him on the legs, seizing him by the throat, and attempting to throw him under a passing train, with intent to do him grievous bodily harm, and, further, with being drunk. I read the whole of the charges to him, and he made no reply. The charge of attempted murder was added by the magistrate.
Cross-examined. Prisoner was actually removed from the dock and not strapped down, but held down while the charge was being taken. At that time I do not think he understood the nature of the charge at all.
(Evidence for the defence.)
PRISONER (on oath). I was in the Coldstream Guards for two years and eleven months. During the earlier portion of that
time I was a teetotaler, and I had been in the Army a little over twelve months before I had any drink at all. At the end of last year I had to go into hospital, and I remained there about three months. I was there allowed a bottle of stout a day. After Christmas I was on sick furlough, and during that time I took nothing but the bottle of stout allowed by the doctor. The sick furlough finished at the end of February, and after that I was in hospital again for three weeks. I was still allowed a bottle of stout per day. I left hospital a week before April 1. On March 31 I left barracks at about half-past six, having had some food about five o'clock, in company of a comrade, our intention being to go to the Standard Music Hall, near Victoria Station. While we were waiting for admission we went into the public-house on the opposite side of the road. In the music-hall we had more drink. I left the music-hall about nine o'clock because it was so hot, and proceeded in the direction of Westminster Bridge. I went into three public-houses on the way there, and into a fourth, in a turning to the left, at the beginning of the bridge. I cannot remember coming out of that one. The next recollection I have is that of waking up on Sunday morning in the police cell. I do not remember being in company with any woman. I do not remember going to the Queen's Road Station and getting down on to the line nor Starkey requesting me to remove from the dangerous position in which I was, nor of the struggle with Smith. I do not remember being strapped down to a stretcher at the Queen's Road Station, nor being held down at the police station while the charge was being taken. I am not conscious of having formed an evil intention that night against anybody. I am sincerely sorry for all that occurred. My officers are here to speak to my character, and during the whole of the time that I have been in the regiment there has been but one report against me, and that only for some trifling irregularity.
Cross-examined. I saw the woman at the police court I did not recognise her, and had no recollection of having seen her before. I do not know where Queen's Road Station is, nor where Vauxhall is. My barracks are the Wellington Barracks in the Buckingham Palace Road. I come from Warwickshire and have been in London about five months, coming from Aldershot. I do not know the neighbourhood of Battersea at all and have no friends there or at Queen's Road. I do not know who Sergeant Nichols is. I have no recollection of addressing Starkey as Sergeant Nichols and saying I would shoot him. As far as I know there is no one named Nichols in the regiment. I do not know any police officer named Nichols. I cannot explain how that name came into my head. I remember the police-sergeant coming; to the cells and looking through the door. I do not remember him coming in. Two or three policemen
came in, and I remember one of them reading the charge-sheet over.
Re-examined. It is not the fact that my father is a foreman on that line. He has been dead some years.
The EARL of LANESBOROUGH (Major, Coldstream Guards). Prisoner has borne a very good character during the whole time he has been in the regiment. With the exception of a report upon some trifling matter, he has an unblemished sheet, and when I say his report is good I include in that that he has a good reputation as a quiet, peaceable, orderly, well-conducted man.
Colonel GRANVILLE SMITH , commanding 3rd Battalion Coldstream Guards. Prisoner belongs to the battalion. The character given him by Lord Lanesborough is absolutely accurate in all particulars. As commanding officer, I do not know every single man personally; but I happen to know this man because at different times at Aldershot he has come under my surveillance, and I do know of him that he is a quiet charactered man, and I should have thought him one of the last to be obstreperous in any way.
Lieutenant Sir WALTER BARTTELOT . Prisoner was in my company, and I had, therefore, many opportunities of seeing him and noticing his conduct. Ordinarily he was a sober, peaceful, well-conducted man, and a very good soldier indeed. With the exception of one trifling matter, he has an absolutely clean sheet, and has never been in trouble in the company at all. It is by the efforts of the officers of the regiment that he is being defended. We feel he is such a good man we should like to say all we can in his favour.
Acting upon the advice of counsel, prisoner pleaded guilty to assaulting Constable Smith in the execution of his duty and to a common assault on Starkey.
Mr. Mathews then asked the jury to acquit prisoner on the count charging him with assaulting Smith with intent to kill. It was essential that the person charged with such an offence should be in a condition to form an intention, and upon the evidence prisoner was not in such a condition.
Mr. Justice Jelf, in summing up, said no doubt people in drunken fits did and said all sorts of things without any real intention; but it did not follow that because a man was drunk he had not the power of forming an intention. If the jury thought that prisoner was not capable of forming an intention, then that part of the indictment failed.
The jury found prisoner not guilty of intent to kill and murder.
In answer to Mr. Justice Jelf, who asked as to the effect punishment by imprisonment would have on prisoner's career, Colonel Smith said very much depended upon himself as commanding officer. He would have to send a resume of the
case to the proper authorities and ask whether prisoner should be discharged or not.
Mr. Justice Jelf, taking into consideration that prisoner had been in custody since April 1, sentenced him to five months' hard labour.
RANKIN, George Valler (26, clerk) , feloniously sending and causing to be received by George John Valler Rankin a letter demanding money of him with menaces, without reasonable or probable cause, well knowing the contents thereof and uttering same; maliciously publishing certain false and defamatory libels of and concerning George John Valler Rankin.
Mr. A. Neilson prosecuted; Mr. Walter Stewart was instructed for the defence under the Poor Prisoners Act, but withdrew from the case upon prisoner stating he wished to conduct it himself.
Mr. Neilson stated that prisoner's father had no desire to see his son in prison, but desired only to be free from the possibility of a recurrence of the abominable suggestions which were made on the postcards, and would be satisfied, subject to the approval of the court, with prisoner's undertaking.
Prisoner declined to give any undertaking, which would amount to a conviction.
GEORGE JOHH VALLER RANKIN , 32, Crewdson Road, Stockwell. I am a master in the London County Council School at Napier Street, Hoxton. Prisoner is my son. When I went to the school on March 5, 1906, I found the postcard produced awaiting me. It is in my son's handwriting. I found a similar card at home at night. (The postcards were handed to the jury, but not publicly read.) I have received many similar communications from my son; but not so bad as these.
The jury found prisoner guilty, and Mr. Justice Jelf sentenced him to six months in the second division. In consequence of prisoner's behaviour in court, Mr. Justice Jelf directed that the state of his mind should be inquired into, and said that, if necessary, he would communicate with the Home Secretary as to his punishment.
NEW COURT; Tuesday, May 1.
(Before Mr. Recorder.)
Mr. Rose Innes prosecuted. Mr. Forrest Fulton defended.
quarter to nine a. m., I was in London Wall, in company with Detective Dyer; for some days we had been keeping observation in the vicinity of the premises of the prosecutors, Messrs. Stapley and Smith, warehousemen. Just opposite is the "Weavers' Arms." I knew Ernest Clark by sight. I saw him leave the "Weavers' Arms" about nine and go to the lift entrance at Stapley and Smith's. A London and North-Western Railway van drove up, and the carman, Edward Hamlin, alighted, carrying a white paper parcel; he joined Clark, and they both entered Stapley and Smith's. About two minutes afterwards Hamlin came out carrying this brown paper parcel (produced); he walked up and down London Wall about 100 yards beyond the "Weavers' Arms," then returned, and took the parcel into the same bar where I had seen Clark and came out without it. The van was standing outside prosecutors' premises in charge of a boy. Hamlin remained outside the public-house until he saw Clark enter the bar where the parcel was. Hamlin was about to walk away, when I spoke to him and told him I was a police-officer and took him inside the bar; there were present there the prisoner, Clark, and a gentleman with a silk hat, who was unknown to me, also Detective Dyer. I said to Hamlin,"Where is the parcel?" He pointed to it on the floor of the bar and said."There it is." I said pointing to Clark,"Is that the man who gave you the parcel to bring here?" He said, "Yes," and, pointing to Pavey, he said, "That is the man who is going to take the parcel away; I have brought several parcels here for him before." Neither Clark nor Pavey said anything. I left Dyer with them and went to fetch Sergeant Stewart, who was close by. Hamlin and Clark were then arrested. Pavey was asked to accompany us to the station, which he did; his name and address were taken, and he was asked to attend the Guildhall Police Court. In consequence of Clark and Hamlin making further statements Pavey was, later in the day, arrested on the charge of being concerned with the other two in stealing and receiving the parcel. The parcel contains two cardboard boxes, each containing half a dozen pairs of ladies' knickers. On Clark being searched, there was found on him a half-sovereign and 11s. 10 1/2 d. in silver. He pleaded guilty at the police court, and was sentenced to 21 days' hard labour; Hamlin was acquitted.
Cross-examined. I did not see Pavey till we entered the public-house. He then appeared to be talking to Clark and to the man with the top hat. He went voluntarily to the station and gave a correct name and address; he attended the police court at our request and was arrested there. We have found that he has never been charged with an offence. For 12 months he was a traveller with Early and Co. They discharged
him for not attending to his business and not coming at the proper time.
FRANCIS DYER , plain clothes patrol, City Police. On April 5, about nine a. m., I saw Pavey sitting in the corner of the private bar of the "Weavers' Arms," he was wearing a bowler hat. Dancer arrested Hamlin and took him on one side. I went behind a van and looked in the direction of the public-house and I saw Pavey looking in my direction. I went into the place with Dancer; there were there Pavey, Clark, and a man with a silk hat. Hamlin commenced to whisper to Clark, and I stopped him. Clark said, "I will speak the truth; I gave him the parcel to bring out," pointing to Hamlin. Hamlin turned, and, pointing to Pavey, said, "And that is the man that is going to take it away, and he has taken away several before." Pavey said, "Oh, all right."
Cross-examined. Dancer was present on the first occasion when Hamlin said, "That's the man who is going; to take it away," and Pavey said, "Oh, all right," not the second time; it was said twice. I think I did mention at the police court that it was said twice. This is a note of the conversation that I made on the property paper: "Hamlin said, yes, that is the man who is going to take it away, he has had several before; Pavey said, Oh, all right." That is my note of the first conversation; the second was a similar conversation; I have no note of that; I have nothing to show that there was a second conversation. I did not tell my brother officer that Pavey had said "That's all right." It was our first intention to arrest Pavey, but the sergeant overruled it.
Re-examined. I did at the police court give the conversation ending in Pavey saying,"That's all right." (Deposition read to this effect.)
ERNEST CLARK . Until April 5 I was in the employment of Stapley and Smith as a porter. On April 12 I pleaded guilty, at Guildhall Police Court, to stealing these Knickers; my sentence of 21 days' imprisonment expires to-day. I have known prisoner four or five months; I do not know what he is. I first met him in the "Weavers' Arms "; and got talking about horse-racing. He asked me if I was employed at Stapley and Smith's; I said, "Yes." He said, "Could you get me anything, as things are very hard up at home; we are not able to pay the rent?" I said I did not like the idea of such a thing. He said, "It don't matter what it is—anything will do." After meeting him several times he succeeded in inducing me. I said, "What shall I get?" meaning what stall I steal. He said, "Get some ladies' knickers." These two boxes produced I took from my employers. On April 5, about nine o'clock, Hamlin came up, and I gave him the parcel, telling him to take it to the "Weavers' Arms." I followed him to that house, and there
met Pavey. The parcel was put in the corner. I looked at Pavey and nodded to him, and he acknowledged my nod. He gave me 10s.; that was the half sovereign found on me when I was searched. That was given me by Pavey, not for this, but for a previous parcel—some ladies' chemises, that he had on April 2. I was just leaving the public-house when the detectives came in to Hamlin. Hamlin said, "That's the man that gave me the parcel," meaning me, and "That's the man that's going to take it away," meaning Pavey. Pavey said nothing at all; I am suite clear about that. I had been in the employment of Stapley and Smith seven or eight years; I went there with a good character from the Navy.
CHARLES HAMLIN , 5, Leinster Road, Kilburn. I was carman in the employ of the L. and N. W. Railway, and was in the habit of delivering parcels at Stapley and Smith's. On April 5 I went there in my van, and took a parcel wrapped in white paper. Clark gave me a brown paper parcel and said, "Take this over to the pub for us." I took it to the "Weavers' Arms "; I had been there before for him. I left the parcel for Clark just inside the private bar. I saw Pavey and a stranger there. I had seen Pavey before in the public-house. I had taken about four parcels there before this. I did not know that Clark was stealing them; I thought he was doing some trade of his own. On each occasion of my taking parcels I had seen Pavey there. I never received a penny from Clark or Pavey. As I was going out I was taken into custody, and taken back to the private bar. I did not speak to Pavey, but I said to Clark, "You have fetched me into a nice mess." The detective said, "Which was the man that gave you the parcel?" and I pointed to Clark. One of the others said, "Which is the man that is going to take it away?" and I said Pavey. I did not hear Pavey say anything. I was charged at the police court, but not sent for trial.
Cross-examined. The first of the four parcels I had from Clark I took to the "Plough" public-house; Pavey was not there. I said at the police court,"On each of the three occasions I refer to Clark came in before I went out, and I left the goods I had taken in the possession of Clark." On this last occasion he was not there, and I left them for him.
ROBERT LYON , Detective-inspector, City Police. I arrested Pavey on April 5 outside Guildhall Police Station. I told him Clark had stated that he had given him 10s. for a parcel which he and the carman were charged with stealing. He said, "I know Clark. I have been in the habit of meeting him in that public-house, where we used to have a bet—a shilling or two
double on a horse." I said, "Clark has also said that you bought several other parcels from him under similar circumstances, and that you first approached him about getting goods for him in this way at the "Plough" public-house. He said, "I should like to see Clark face to face." I said, "You will have an opportunity of doing that; I am going to arrest you." He said, "I don't see what the matter is to do with me at all." At the station he made no further reply.
No evidence was called for the defence.
Verdict, Not guilty.
On two other indictments— for receiving a parcel of chemises under similar circumstances, and for inciting Clark to commit felony— no evidence was offered by the prosecution, and a verdict of Not guilty was entered.
WARMAN, Israel (29, salesman) , fraudulently misappropriating the sum of £2 10s. entrusted to him by Elizabeth Pinder. No evidence was offered for the prosecution, and a verdict of Not guilty was entered.
GOLDBERG, Barnard (21, barber) , burglary in the dwelling-house of David Cope, and stealing therein two cigarettes and the sum of £9 19s. No evidence was offered for the prosecution, and a verdict of Not guilty was entered.
SEYMOUR, Hy. (35, labourer), pleaded guilty to breaking and entering a place of divine worship, St. Mary's Church, Bourdon Street, with intent to steal; also to being found in possession of housebreaking implements; also to a previous conviction, on October 11, 1904, at Clerkenwell, in the name of George West; other convictions were proved. Sentence, Twelve months' hard labour.
WHEELER. Charles George (50, fitter), pleaded guilty to obtaining by false pretences from Robert Sutton a gun with intent to defraud. He also pleaded guilty to having been convicted at Guildhall, on February 13, 1897, and other convictions were proved. The prisoner had since then borne a very good character, had served his country in the Imperial Yeomanry, and won the Royal Humane Society's Medal. Discharged on his own recognisances in £100 to come up for judgment if called upon.
HOPPER, James Jacob, pleaded guilty to forging and uttering an order for the payment of £20 10s., and also obtaining by false pretences from Barclay and Co., Limited, the sum of £20 10s. with intent to defraud. Discharged, on his own recognisances in £50, to come up for judgment if called upon.
THIRD COURT; Tuesday, May 1.
(Before the Common Serjeant.)
Mr. Partridge prosecuted.
WILLIAM BURRILL , Detective-sergean't X Division. On March 30, 1906, I was in Vernon Street, West Kensingtan, outside the West London Police Court, when Cox and prisoner came to me. Cox said, "I wish to give myself up for bigamy. I married my wife 12 years ago, and her (pointing to the prisoner) on January 27, 1905. I saw my wife two or three days ago. Prisoner knew I was a married man." Prisoner said, "Quite right, I did." Cox then said, "And I am going to give her into custody for committing bigamy with me. She is a married woman. She married a soldier at Birmingham. I did not know it until nine months ago." The woman said, "That is a lie. I have never been married." I then took them to the station. In consequence of a communication I received I went to the prisoner, who was then detained in a cell. She said, "I may as well tell you the truth. I was married, I believe, on October 10, 1898 or 1899, at St. Mark's Church, Birmingham, to Albert Edwin Smith." When the charge was read over she made no reply. I produce certificate of marriage of the prisoner with Smith at St. Mark's Church, Aston, in the city of Warwick, obtained at Somerset House. Certificate produced shows that the marriage took place at the Oratory, Brompton Road, of prisoner with G. J. Cox.
THOMAS JAMES HACKDEN , 29, Rocky Lane, Leech Hill, Birmingham, printer. I know the prisoner. On October 10, 1898, I gave her away in marriage to Albert Edward Smith, and signed my name as a witness. I saw Smith on April 7, Smith was a soldier receiving a pension.
Prisoner's statement before the magistrate: I heard my husband was dead and had died out in South Africa.
Verdict, Guilty; sentence, One month's hard labour.
convictions for larceny, drunkenness, and assault were proved against prisoner. Sentence, Four months' hard labour.
Mr. Huntly Jenkins prosecuted.
FREDERICK WALKER , 202, Cornwall Road, Kensington, dealer in fancy goods. I employed prisoner as a traveller on September 11, 1905, under the following written agreement: "I, Hanns Sulry, of 19, Charles Street, Paddington, W., agree to represent F. Walker, 202, Cornwall Road, Notting Hill, W., as a traveller upon £1 per week wages having turned £5 over first, and all orders over £5 I shall receive 5 per cent. commission on all cash paid in. He shall solely represent me only and my goods. He shall be paid per week, and shall give one clear week's notice on leaving. All samples bought by him must be paid for. I agree to act upon these terms—Hanns Sulry." That is my writing, and prisoner signed it. It was verbally said that he should account for the moneys received every day. On November 5 he called on me. I told him to bring his bag in next morning to be checked. He did not do so. I received a card saying be bed received Morris's account. He was carrying stock for sale to the value of about £20. On November 13 he wrote me a card saying,"I have sent your bag with Carter, Paterson, and Co." He never called on me after November 5, and after making inquiries I applied for a warrant. Cheques produced for £1 8s. 6d. signed by E. George, and for 9s. 10d. signed by E. M. Jones payable to F. Walker are cheques of my customers. The endorsement "F. Walker" is in prisoner's handwriting. Prisoner did not account for those two sums to me. He had no authority to sign my name. I owed him no money whatever.
Cross-examined. I told prisoner when I engaged him to come in each day. On one occasion I told him he need not come because he had an appointment with a customer of his. George was a customer introduced by prisoner. I told prisoner it was not paying me nor paying him and he would have to do more orders or I would have to terminate the agreement. I paid his wages for the first three weeks.
Re-examined. I did not pay his wages after the three weeks because of the turnover. He brought orders in the first week ending September 23 for £7 19s. 6d., of which only £1 8s. 3d. was genuine; for the week ending September 30 £5 17s., of which none were genuine; for the week ending October 7 £4 6s. 2d., of which £1 0s. 6d. were genuine. The other orders were bogus ones. When I paid him the first and second week I did not know that those were bogus orders. I found that out after the warrant had been issued. I did not pay him the
fourth week because he had obtained no orders and I did not owe him anything.
VALENTINE GEORGE , 120, West Ames Lane, West Hampstead, hairdresser. I gave prisoner cheque produced for £1 8s. 6d. in payment for goods received at the time from the prisoner. It has been cashed at the bank.
CONSTANTINE STARR , 182, Albany Street, hairdresser. Prisoner brought me cheque produced for 9s. 10d., and I gave him cash for it to oblige him, as he said he had no bank account. I have known him eight or ten months as a traveller. I also gave prisoner cash for the cheque produced, £1 8s. 6d.
WILLIAM BURRILL , Sergeant, X Division. When prisoner was charged with forging the endorsement on two cheques he asked to see the cheques. I handed them to him, and he said, "Yes, they are the two cheques I gave to Mr. Starr—that is my writing on the back."
PRISONER (not on oath). Mr. Walker engaged me at a weekly wage of £1 as soon as ever I turned over £5. He said he would pay me 5 per cent. commission on all orders that I brought him. I took £5 in orders and he paid me the sovereign a week, and, through my taking the £5 of orders, he had, according to the contract, to pay me £1 every week. The first three weeks Mr. Walker paid me 20s. Then he sent me a letter, in which he wrote that he could not pay me any longer the 20s. a week unless I took £5. I did not answer this letter because I kept to my contract. He paid me that week no wages at all. The following week he said to me,"It is no good to you if you are not getting any wages, and I will pay you some wages." Then afterwards he said."If you do not bring me more orders I shall have to give you notice." By reason of that, according to my idea, he had recognised our former contract again and had therefore to pay me every week 20s. He did not give me any notice, but instead had let me work on for him. I worked for him from nine in the morning till the evening. The reason why I could not get more orders was because he had told me that he would only deliver goods on cash payment, and I had to find most of the customers myself, as the number of old customers that I took over to him was very small, and they would not give me any orders for Mr. Walker again. I was firmly convinced that, according to my contract, he had to pay me the 20s. a week. I went twice to him but he did not pay me anything. I did my very best to do as much business as I could for him with the idea that he would then pay me my wages. Goods that were given to me by prosecutor were on my own account. I either had to pay
for them or else give them back; therefore the goods I sold to Mr. George were really my goods, and the cheque that he paid me belonged to me, and also the 19s. 6d. that Mrs. Morris paid me. I gave notice of that to Mr. Walker. I did not pay him the money because he had not reckoned with me and had paid me no wages. For that very same reason I did not give the cheque from Mr. Jones to him. I worked for him from early in the morning till evening, and prosecutor told me,"You cannot pay your rent because I do not give you any money." I was under the firm conviction that, as we had no settled accounts, I had a perfect right to keep the money. After I had seen that I could not continue to work for Mr. Walker as I was doing no business, I sent him the bag back with nearly all the goods that had been in the bag. Therefore the amount that I had from Mr. Walker was less than the money I had earned—in fact, he was owing me five weeks' wages. I did not think I could come in any way in contact with the law as I looked upon the goods as my own.
FREDERICK WALKER , recalled. Prisoner came to me almost every day for the first three weeks. After that he treated the matter with contempt. I told him he must do the trade. I spoke to him in English, and he understood me, because I cannot speak German. I had no discussion with him about his being paid nothing at all. I asked him when I engaged him if he understood the agreement, and he said he did. When he sent the bag back, out of £20 worth of goods supplied, about £15 worth was missing. Prisoner never asked for wages after the first three weeks.
Verdict, Guilty. The jury stated they thought the agreement was a very harsh one for anybody to work under. Sentence, three months' hard labour. Prisoner certified for expulsion under Aliens Act.
CLEMENTS, Louis (62, journalist) , having been entrusted with certain property, by Edgar Stanley Langford with £5 in money and postal orders for £1 10s.; by Olive Margaret Crosfield with a banker's cheque for £7 7s.; by Joseph Lawson with a banker's cheque for £5; by Frederick Segar with a banker's cheque for £3 5s.; by John Robinson with a banker's cheque for £3; and by William James Sharp with a banker's cheque for £3, for a certain purpose did fraudulently convert the same to his own use and benefit; in incurring certain debts and liabilities to the amount of £1 15s. to Herbert Bass; £1 10s. to Harold MacIntyre; £5 5s. to Harry Porter; £2 10s. to Henry Winson; and £3 to Edward Skilton, did obtain credit by means of fraud other than false pretences.
Mr. R. D. Muir, Mr. Bodkin, and Mr. Kershaw prosecuted; Mr. Lionel Benson defended.
Medical evidence having been called to prove that Joseph Lawson and Harold MacIntyre were unable to be present, the depositions of those witnesses taken before the police magistrate were read.
EDGAR STANLEY LANGFORD , The Priory, Steventon, Berks, corn merchant. In February, 1904, I advertised in the "Exchange and Mart" for a mastiff pup, and received letter produced from prisoner on February 26, from 2, King Street, Regent Street, offering me a pup. I replied on February 29, 1904, and after further letters I sent prisoner £6 10s. in payment for the pup, which was to be sent on at once. On March 5 I received a postcard from prisoner saying,"I have written for pup and will forward on Monday night." The pup was not sent. I was informed by a letter of March 10, 1904, that the dog had been sold, and offering me a bitch, which I refused, and demanded my money back. On March 11 prisoner wrote that the dog had not been sold, and after various delays on March 18 prisoner sent a postcard,"Pup will start on Monday for certain and you will be pleased with him." The dog did not arrive, and on April 13 I put the matter in the hands of my solicitor. A summons was issued. I have not received either the dog or my money back.
Cross-examined. I have not much experience in dogs. It is possible to make a mistake in registering the sex of a dog. I knew from his letters that the prisoner was obtaining the dog from someone else and expressed myself satisfied by continuing the negotiations. I took civil process for the recovery of the money. I thought the prisoner was dealing very largely in dogs. Prisoner could not be found at the address given. A dealer dealing very largely in dogs may find it difficult to find the exact thing for a customer. Dog dealers could not make a mistake in the sex of a dog. I have heard of people being short of money and unable to pay.
Mrs. OLIVE MARGARET CROSFIELD , wife of Alfred Edward Crosfield, Leek Villa, Kirkby Lonsdale. On July 7, 1905, I inserted an advertisement in "Our Dogs" for a Newfoundland pup, and received a letter from prisoner of 2, Macclesfield Street, Shaftesbury Avenue, offering me such a dog. After various letters, on July 16 I sent prisoner cheque (produced) for £7 7s., the dog to be forwarded. The dog was not sent, and on August 4 I demanded my money back. I have not received my money back or any dog. The cheque was duly cashed at my bank.
Cross-examined. I understood from the correspondence that the dog was to be obtained by prisoner from a friend. I am not aware that prisoner had a very large business. I put the matter in the hands of a solicitor, who issued a county court summons. It could not be served upon prisoner, and leave
was obtained to serve it through the post. It did not come on for hearing; the debt was never disputed.
JAMES LINDSAY , Opera Tavern, 22, Haymarket, licensed victualler. Cheque produced of Joseph Lawson for £5 was cashed for prisoner by me. It was specially cleared, and I gave prisoner the money next day.
Cross-examined. I have known the prisoner for years as a customer and have often cashed cheques for him and for other customers. I always thought prisoner was a French journalist. I never knew him as a dog merchant.
FREDERICK SEGAR , Long Melton, Suffolk, butcher. On December 10, 1905, I advertised in the "Field" for a Basset dog pup, and received from prisoner letter produced of December, 10 offering me a very handsome and pure-bred pup. On December 12 I sent a cheque for £3 5s. to prisoner. The dog was never sent and I never got my money back.
Cross-examined. I have known prisoner about four or five months as a neighbour and have cashed cheques for him.
JOHN ROBINSON , superintendent of West Ham Workhouse School, Leytonstone. I was formerly superintendent of the Workhouse School at Rochford, in Essex. On January 6, 1906, I inserted an advertisement in "Our Dogs" for a St. Bernard or Borzoi dog under six months. I received a reply from prisoner, "I have for sale for a friend a very handsome and truebred St. Bernard, in perfect health and condition, which I can strongly recommend to you, price £3 10s., age six months." I offered £3, which prisoner accepted, and sent a post-dated cheque of January 20 on January 15. On January 16 I received a letter from prisoner saying that the owner would not send on approval, guaranteeing the pup as described and returning my cheque. I got the date of the cheque altered and initialled, sent it to prisoner, who acknowledged it and promised to send the dog. The dog never arrived. I repeatedly wrote demanded the money back, and have not received either the dog or the money. On March 2 I went to 2, Macclesfield Street and could not find the prisoner. I then went to the police station and lodged an information.
Cross-examined. By the correspondence I was informed that the dog was taken ill. I would have been satisfied with any dog that answered the description of that particular breed for which I bargained, but after a certain time had elapsed I demanded my money back. In the light of subsequent events, I considered that it was a fraud from what I heard.
Re-examined. Between January 30 and March 2 I had no communication of any kind from the prisoner. I saw the landlord
at 2, Macclesfield Street, gave him my card, and told him what I wanted to sec the prisoner about.
ALPHONSE PASCAL , 16, Jerrard Street, restaurant proprietor. I received cheque produced for £3 from prisoner, gave him 10s. on account, and paid him the rest of the money afterwards. It was specially cleared through my banker on January 18. On July 16, 1905, I cashed another cheque (produced) for prisoner in the same way.
Cross-examined. I have known prisoner for throe years as a customer. I considered him respectable.
(Wednesday, May 2.)
WILLIAM JAMES SHARP , Cleesdale House, Silverdale, Camforth. On February 10, 1906, I advertised in the "Exchange and Mart" for a white poodle and received in reply a letter from prisoner offering to sell me one for £3. I sent prisoner a cheque for £3, but did not receive the dog. I telegraphed to prisoner, and received a reply that the owner was away from home. On February 21 I again telegraphed, reply paid, to prisoner, "Kindly state definite day dog is coming," and on February 27 wrote letter produced. On 28th I received postcard produced. I have never received back my money or received the dog.
Cross-examined. I do not know whether prisoner was arrested three or four days after the last communication. It was longer than that before the police came to me.
Cross-examined. My father is prisoner's landlord. We have cashed several cheques for him, which were always properly met. I considered him respectable.
Re-examined. Prisoner occupied one room at 65A, Long Acre, at the top of the house, at a rent of 5s. 6d. a week, and had been there about three months when he was arrested. Prisoner did not sleep there.
HERBERT BASS , Newbiggin, Thaxtead, Essex, gardener. In August, 1905, I advertised a Borzoi dog pup for sale in the "Exchange and Mart." I received, on August 21, postcard and letter produced from prisoner, and sent the pup as requested on February 23 or 24. He wrote acknowledging receipt of the dog. I wrote a week afterwards asking prisoner to return the dog or send the money. I received a postcard saying."Mr. Clements was out of town." On September 12 I wrote again demanding payment, and received postcard produced,"Money will be sent to you to-morrow." On October 11 I wrote threatening proceedings, and received a postcard saying prisoner was out of town. I have not received my dog back or the money for it.
Cross-examined. Prisoner has never denied his liability to me. I took county court proceedings and obtained judgment.
HARRY POSTER , Cleeve Brewery, Ipswich. In January, 1906, I advertised two dachshunds for sale in "Our Dogs" asking £3 3s. for one, and £2 2s. for the other. On January 26 I received postcard from prisoner, and on January 30 I sent the dogs to prisoner as requested. On January 31 prisoner wrote asking me to take less money, which I refused to do by my letter off February 1. I received a postcard on February 7 saying that Mr. Clements was out of town, and after writing a further letter, my solicitor took proceedings, and I heard from Westminster County Court that they could not serve the summons.
Cross-examined. Prisoner has never denied that he owes me the money—I got no further reply from him.
HENRY WINSON , High Street, Enderby, near Leicester. In January last I advertised a King Charles bitch pup for sale in "Our Dogs," received postcard from prisoner and letter produced of January 26, and sent the pup as requested to St. Pancras Station. On February 4 prisoner wrote saying he would keep the bitch. I had two postcards saying Mr. Clements was out of town and have never received the money or the dog back. The pup was advertised in Mrs. Winson's name, but it belonged to me.
Cross-examined. I did not know prisoner before this transaction, or that he was a large dealer. I looked upon the dog as sold and thought I should get the money. I did not take out a summons.
EDWARD SKILTON , Astrop, Banbury, gamekeeper. In January 7, 1906, I advertised a Borzoi bitch for sale in the "Exchange and Mart," received postcard of January 8 from prisoner, replied that the price was £3, and received a letter of January 11 offering to purchase it, and sent the dog to Paddington Station as requested. After several telegrams and letters, not receiving the money or the dog back, I put the matter in the hands of the Towcester police about February 5.
Cross-examined. Prisoner acknowledged receipt of the dog I received postcard stating that he was ill. I could get no answer from the prisoner whether he would have the dog or whether it would suit him. If he had said it suited him, and he would have paid for it, I would have waited. He did not state that he was ill when he first had it.
GUISEPPE RUGERI , 2, Macclesfield Street, Shaftesbury Avenue. newsagent. Prisoner has occupied two rooms on the first floor in my house, unfurnished, at a rent of 21s. a week since October, 1903. No dogs were kept there. Some have been brought there, but they were sent away at once. People frequently came to see the prisoner. He used the rooms a great deal in the
day time until the last six or eight months, since when he has usually gone out early in the morning and not returned till night time. People have very often come to see him when he was out. He only had breakfast, for which he paid 4d. a day.
Cross-examined. Prisoner slept at my rooms. His clerk came every day. Prisoner could have gone in at the side door without my knowing. I did not know prisoner had another office. Neither he nor his clerk ever spoke of his rooms in Long Acre. I did not get references when I let the rooms to the prisoner. I did not know him before he came. If I hao not considered him respectable I should not have taken him. I knew he dealt in dogs and wild fowls. Prisoner owes me £15 18s. 9d. Except that, he has paid me regularly—£1, £2, or £3 at a time.
FREDERICK CHARLES BELCHER . I have been clerk to the prisoner for about two years up to the time of his arrest. During the whole of that time he has lived at 2, Macclesfield Street. When I first knew him he shared a room as an office at 2, King Street, Regent Street, on the second floor. He gave that up, and we used Macclesfield Street as an office for about eighteen months until December, 1905, when he took the office at 65A, Long Acre, because he said his friends used to annoy him and people calling. He used to answer advertisement for dogs and get dogs from advertisers. He had no place for keeping dogs at all. We used to meet the dogs and send them off to purchasers. That was the almost invariable course of business. I assisted in the correspondence at his dictation—mostly at Macclesfield Street, and afterwards at Long Acre. I wrote out forma of letters to be sent to persons writing about dogs, with blanks for the particulars, name, prices, and so on, like the forms produced. Prisoner made notes upon the letters, instructing me how to answer them. He would be sometimes at home and sometimes out. He generally left them on the table. Prisoner always opened the letters. The endorsement,"Mr. C. is out of town, but will be back in two or three days, when he will attend to your letter," is in prisoner's handwriting. Telegram produced,"Mr. C. will come home to-morrow" is in prisoner's handwriting."The bitch arrived late on Saturday, delivery was taken on Monday (yesterday) in Mr. C.'s absence. He will write you himself in a day or two" was written by prisoner. He was sometimes out of town when things came for a clay or two. The letters waited till he came, and all the replies produced were written when he was in town. I do not remember the Borzoi bitch in January last. Note produced is in prisoner's handwriting. Postcard of August 16 to C. M. Crosfield, Esq., is my writing. I wrote it from the memo in prisoner's writing. He used to give the letters to me with the memorandum for me to write the answers, and all the correspondence in
these cases is either written by me on prisoners instructions or by prisoner.
Cross-examined. I have been with prisoner two years. I am 24 years of age. I was with him at King Street, but I do not know much about King Street. Prisoner moved to Long Acre because he wished to escape his friends. He had a good many friends, who wanted him to go out and enjoy himself. I worked at Macclesfield Street before he went to Long, Acre, and then at both places. I went there about ten a.m., and was mostly in touch with the prisoner so that callers could leave messages. I saw him every day except when he was ill or when he was away. If callers or customers communicated with me they might see prisoner. He told me not to send anybody to Long Acre. He used to see people by appointment. Prisoner carried on a large business and dictated the correspondence. He wrote some letters, and I wrote some. We both worked hard, from ten a, m. till about 6 p.m. I was occupied the whole of the time. I sent out a good many of the stock letters. I wrote the stock letters between whiles. There were no account books. Letters about unsettled business were marked "To settle" and kept separate. Those that were paid were put away as paid. Prisoner had many customers. Baron von Dusen was one to whom he supplied Greyhounds and Borzois—six or seven Greyhounds. Those were paid for by the buyer, and prisoner paid the people he bought them from. He paid for a great many dogs. He sent away sometimes a dozen a week, and sometimes none. During the two years I have been with prisoner he has sent away several hundred dogs and paid for several hundred dogs. [Q. Do you consider that there was any intention on the part of the prisoner not to pay for the dogs supplied?—The Common Serjeant. That is not a proper question for him; it is for the jury.] I remember three dogs being received and sent off to customers the week the prisoner was arrested. It was the system of the business not to keep dogs in stock, but to send them off to the various customers as soon as received. The week of the arrest three dogs were paid for. I paid 30s. for one, and prisoner sent £2 2s. for two. I know Mr. Wilton, of Hanwell. We bought many dogs from him. They were always paid for in cash. He is a dealer. A great many dogs were sent to the Continent. One of the American Legations was a customer. Some of the dogs supplied to customers have taken different prizes at shows. Baron von Dusen was a customer and has taken prizes with dogs supplied by prisoner, and those dogs were paid for. The dogs were sent through carriers and shipping agents, and by nearly every railway in this country. A good many dogs sent to France were rejected, and prisoner had to take them back and supply others. Some he never got paid for, and they never came back. They were refused
by the customers in France as not being up to the requirements as described by the sellers, and we could not obtain re-delivery because they had to go into quarantine. Prisoner had to pay for them, and in many instances had already paid for them, so that he lost the money completely. They were sold by the description they were bought by. About 30 or 40 dogs were refused in that way. For about six months prisoner has been in pecuniary difficulties. In Macclesfield Street there was not enough room for the papers. That was one of the reasons why prisoner took another room. Prisoner knew a lot about dogs. I heard he was the editor of the Dog Column in "The Field." Prisoner carried on a respectable business. I would not have stayed with him had I thought there was anything wrong. No part of the business was ever concealed from me.
Re-examined. Wilton was a dog dealer. He refused to part with them on approval and we had to pay cash for them. The Long Acre address was never given to customers and letters were never written with that address on. That was the place where prisoner was when in town. He was at Long Acre a great deal more in the day time than at Macclesfield Street. When people were dissatisfied prisoner did not always see them. He often did—at Macclesfield Street. I know that the people who have given evidence here have not got their money or their dogs. A great number of other people have complained. I remember Mr. Nicholson sending a Chow dog some time last year. He was not satisfied, and he did not get his money, but Mr. Clements supplied him with a Scotch terrier in payment. We took in "Our Dogs" and prisoner always looked at the Advertisements. I saw the advertisement put in by Nicholson, "£1 reward for whereabouts of Chow dog 'Jack,' sold by Clements, of Shaftesbury Avenue, London, since November 20.—Nicholson, 30, Essex Road." I did get the dog. It was sent to prisoner on approval and was sent away at once without prisoner ever seeing it. All the dogs that were sent up on approval were sent away without prisoner ever seeing them, except when one or two people met prisoner at the station and he sold the dog at the station when it arrived. When sent off they were sent by prisoner's order. I do not remember a deal with Mr. Archer, of Yorkshire.
Mr. Benson objected that this was not evidence. It did not arise out of the cross-examination.
The Common Serjeant No You are entitled to go as far as you have done, that there were numerous other complaints besides those people who have appeared to-day; tout I do not see how you can go into each one.
Mr. Kershaw. I was not proposing to go right through them. I only want to take a few.
The Common Serjeant. Of course, it is impossible to know exactly
what the matter is you are driving at till we have got it; but I do not see how you can go into specific instances.
Mr. Kershaw. The only reason why I proposed to put it was because specific instances were put to this witness in cross-examination.
The Common Serjeant. That is quite legitimate in cross-examination. It is sufficient to show that there were a number of other instances which were quite different That enables you to get the fact that you had got before; that there were a great number of other people complaining.
Mr. Kershaw. I am quite satisfied with that.
Re-examination resumed. There were a great number of complaints from people in various parts of England. I do not understand French, and cannot speak as to complaints from France. Nicholson was suited with a dog in exchange.
To the Court. Letter produced it a copy in my writing of a letter received from Mr. Cummiskey, a dealer, of Morris Green Lane, Bolton, saying that the dog had had medicine and was too weak to travel, and that he would do his best to get it into condition. I copied that once on prisoner's instructions, and sent it in a letter to a customer. It is written by me and signed by prisoner. Letter produced to Bass is in my writing signed by prisoner. It is a copy from another letter to say he was away. I was to write the same to Bass as to Clothier. Mr. Bass's dog was not kept. The note,"Mr. Clements will write to you himself on his return to town, probably to-morrow," is in prisoner's handwriting. The card of September 25, three weeks afterwards,"Mr. Clements is out of town, I will give him your letter on his return in a day or two," is in my handwriting on prisoner's instructions. I do not know where the Borzoi dog went to. I did not deal with many Borzoi dogs in September last year—they are not very often called for. I recollect the name, but I do not know where the dog went. I remember two dachshunds coming from Mr. Porter, of Ipswich, to Liverpool Street, to be called for, on January 30. One was sent away by carrier to Bristol and the other was sold by prisoner In London for £3. The carrier Meadows, of Cheapside, met them. They were kept in London about half an hour. I wrote the postcard "I was away yesterday, and my clerk tells me the pups only turned up at 2.30 p.m. at Liverpool Street." They came late. I was waiting at Meadows, the carrier's place at Cheapside, for the dogs to come. I sold the dog at about four o'clock. Prisoner was outside in the street. He did not see the dogs. He arranged with me to see the gentleman and sell one for £3. The other was sent away by the carrier to Bristol, I believe. Mr. Clements gave instructions. It never came back again. I do not know if it was paid for. On the next day prisoner, having sold one and sent off another, told me to write "I was away," meaning Mr. Clements. He was not away. This is a copy from what he gave me to write—"Mr. Clements is
out of town. He will be back in two or three days, when he will attend to your letter." He may have been in town when he wrote that note; sometimes he was in and sometimes out. I remember the King Charles bitch coming from Mr. Winson, of Enderby, Leicester. It was met by the carrier and sent to Accrington by the carrier on the instructions of prisoner. Letter produced of January 26 is my writing signed by prisoner. Notes on telegram of January 30 from Winson are in prisoner's writing, "Mr. Clements will come home to-morrow and will write you at once. The bitch was safely received." He gave it to me, and I wrote it to Mr. Winson. I think the bitch went to a gentleman of the name of Stevens. He paid for it. On February 7 I wrote,"Mr. Clements will write you to-morrow. He is not well." I do not remember Mr. Skilton, of Banbury, sending up a Borzoi bitch. On January 16 I wrote the card,"The bitch arrived late on Saturday, delivery was taken on Monday (yesterday) in Mr. Clements's absence. He will write you himself on his return in a day or two." If prisoner told me to write that I should do so. I do not know where the Borzoi bitch went to.
ARTHUR JOHN CLARK , Sergeant, C Division. I arrested prisoner in Shaftesbury Avenue on the morning of March 3 upon, a warrant granted on the information of Mr. Robinson. I said, "I hold a warrant for your arrest for obtaining £3 from Mr. Robinson, of Rochford, Essex." He said, "For God's sake, you do not say so!"I said, "Yes." He said, "You do not mean it. Cannot I send the money back now? I have it." I said "No." He said, "It is not false pretences. Why did not you come and see me?" I said, "I have come to see you." He said, "Ah, but before, to let me know." I said, "I have many times this year, but upon other matters, but could not find you at home." He said, "Well, you cannot say it is false pretences." I then took him to Vine Street Police Station. The warrant was read over to him, and he made no reply. He was then formally charged. He said, "Do I want to make any answer to this?" and I said "No." I had tried to see him from 15 to 20 times this year at 2. Macclesfield Street; that was the only address I knew of, although I had asked Belcher where he could be found, and he said he did not know. I did not know anything about the 65A, Long Acre address. I found a quantity of correspondence at 2. Macclesfield Street, a great deal from other persons than the prosecutors, and persons abroad. There were ten county court summonses, principally dated 1905. I found three letters from Cummiskey with reference to a mastiff. One of them is,"Sir, I am extremely sorry I had to disappoint you. The reason is as follows: I treated the pup last week for worms, and I imagine I was too severe in my treatment, the consequence is the pup is greatly distressed and reduced considerably. He now appears very weak,
and upon this account I fear the railway journey. However, I will do my best to get him into condition, so if he will do next week, that is about Monday or Tuesday next, you might drop me a line to that effect and oblige." I went to 65A, Long Acre with the witness Belcher, and found some further correspondence. I have written to a considerable number of people and received answers.
Cross-examined. Prisoner said it was not false pretences. I am not sure he did not say,"There must be something wrong with this warrant," and I may have said, "You had better inform the magistrate." Cummiskey's letter has been copied and sent to two customers. I have known prisoner several years, and that he has been dealing in dogs. I have not heard that he is an authority on dogs. He was connected with "The Field" in some way or other. There is a letter relating to a dog which he proposed to supply to Robinson.
Re-examined. I know how prisoner left "The Field," but I think I ought not to say.
Prisoner's statement before the Magistrate: The greater portion of my trade was with abroad. I had to take descriptions given to me by the sellers as being correct. Lots of them were misrepresented. Some sporting dogs were not broken, although described as such. The result was my foreign customers refused them. At least 30 of them were refused within a short time. There were three within six weeks of now that were refused in one single week. I had to replace the animals rather than lose my customers. Now, owing to the Rabies Order, these dogs could not be returned from the Continent. Therefore, I could not send them back to the sellers. When the sellersheard that the dogs were abroad, and that, therefore, I could not return them, in spite of my protests that they had misrepresented them, they issued county court summonses against; me for the recovery of their value. I was therefore placed in this position, that I had to supply other dogs to my customers in the place of those bad ones. I had to pay the carriage of the refused dogs, and I also lost the dogs which I had first sent. I could not defend those county court summonses because the foreigners would not come over.
(Evidence for defence.)
PRISONER (on oath). I am 62 years of age. For the past 30 years I have carried on the business of dealing In dogs and writing articles. I wrote the Sporting Article in "The Field" for three or four years under the nom de plume of "Wild Fowler," and I was the kennel authority for "The Field" for all that time. For 14 years I was connected with "The Shooting Times." I am the author of books, one on
"Dog Breaking," another on "Modern Wild Fowl "; that is a big book, published at 15s. by "The Field" newspaper; and "Three Years' Shooting and Fishing," published by Chapman and Hall. The advertisement in "The Shooting Times" produced refers to a book of mine on "Dog Breaking "; that is sold by the proprietor. I have acted as sole judge for all the British classes of dogs at Cleeve in Germany. I was invited there by Prince Solm, who gave me a large salary and all expenses paid. There were 600 dogs I was judging. During the 30 years I have dealt in dogs. I have sent about 300 to the Continent from Waterloo alone, besides some from Charing Cross and London Bridge Stations—all the lines. My system of business was to simply pin the receipts on the letters, and when the things were not settled to write on the letter in blue pencil,"To settle," and to put them all together. I did not destroy any correspondence. I have paid £500 or more for dogs during the last two years. I have sent five or six away every week. When the kennel papers came out on Friday I looked through them, cut out the advertisements for dogs wanted and for sale, and I got my clerk to write out that blank form, leaving the sex, age, etc., in blank, or to write for full particulars of age, breed, sex, colour, and so on, and the price. Dealing with a large number of dogs of the same breed, I found it convenient to have forms—I could never have written all the letters myself. I swear that the letter from Cummiskey is not a form. By a clerical error that letter was copied into two letters to customers. I have not sent a similar letter to any others to my knowledge, We were very busy at the time. Prince Solm is one of my customers to whom I have supplied about 40 dogs. He paid me for them, and I have paid for them. I sold one dog to the Secretary of the French Embassy in London for the Chancellor of State in France, and I sold a mastiff to a member of the Russian Embassy. One of my dogs got ten prizes in France. Most of the packs of hounds in France are supplied by me. I sent 25 hounds in one batch to Brussels. I bought them from Wilton, of Hanwell, and paid him for them. I obtained dogs through advertisements and sold them sometimes on cash and sometimes on credit; some were sent abroad on credit and, not coming up to their description, were refused, so that I had to supply others, and, owing to the Rabies Order, I could not get them back. Nine out of ten of the summonses are for those things. About 30 such cases happened last year; there was one a week any way. The week I was arrested I paid £3 10s. for three dogs to two people, Ogden, of Blackburn, and Longworth, of Folkestone. I have had dealings for 15 years with Wilton, of Hanwell, with his brother, and with his father for hounds. I should say I have paid the firm £1,000. I have
dealt in other animals. Two years ago I sent wild rabbits to Sir William Hart-Dyke for his warren—four dozen. Miller supplied me, and I paid him. I sent every week, and sometimes two or three times a week, postal orders for dogs I bought. With regard to offices, I moved from King Street to Macclesfield Street, where I had two rooms. I owed my landlord £15, but I used to pay him £2 or £3 at a time, and I had no complaint from him. I took the room in Long Acre because I had no room for papers. I did not want my friends to come to Long Acre because they used to come and take me out to drink. I worked from eight a.m. till six p.m., including Sundays. For the last ten months or a year I have been in financial difficulties. I kept on paying some of my accounts, but I could not settle all. The only thing I have of value is a painting by Burriera, which is now at Alphonse's Restaurant, which is worth some hundred pounds; I have been offered £75 for it. I have given instructions to my solicitors, Messrs. Miller and Steel, to sell that, and I have been trying to arrange to settle outstanding liabilities by putting aside so much a week. Mr. Nicholson offered me a Chinese Chow dog called "Jack," which I sold to a gentleman in the North. When Mr. Nicholson asked me for the dog back, I could not get the gentleman to return the dog and could get no reply, but he finally sent me the collar in a box. Finally, I gave Mr. Nicholson another dog, with which he was perfectly satisfied, and there is a letter from him which shows that. I slept at Macclesfield Street. I have seen Sergeant Clark repeatedly. He used to call on me and we used to talk matters over—things exactly similar to these we are talking of now. Mr. Clark used to call on me with complaints; the same things as these. If the complaint was wrong I used to explain that it was wrong. If it was right I said I would pay.
Cross-examined. Sergeant Clark called on me about complaints during the last year. I did not tell him about Long Acre because of the county court. He never asked me for that address or I should have told him. It is rubbish to say that Clark called fifteen times at Macclesfield-street and could not find me. I did not hear that he called. I did not tell any customer of the Long Acre address, or address any letter from it. I lived at Macclessfield Street, and that was where all my papers were dated from. There was nothing to keep books for. I have had no banking account for years. The reason I went to Long Acre was because I wanted to work quietly and to have space for my papers. It is 20 years since I have been a judge at a dog show. I never show dogs myself. I do not remember having dealings with Mr. Martin in 1887. I was disqualified from showing dogs by the Kennel Club in consequence of an ex parte statement by somebody; I never knew the ins and outs of it. I cannot remember it at all. It may be true that a number
of people, both in England and abroad, who have sent me dogs, in addition to those we have had here to-day, are not satisfied. I suppose it is true. I cannot remember Mr. Archer sending me a dog or Mr. Baines, of Brigg, unless you put the particulars before me. In many of the cases I have lost the dog as well as the money. I remember Mr. Harris, of Bath, sending me a dog, a pointer. He has not been paid for it; it cost me about £10. Mr. Winson sent me a King Charles four days before I was arrested—how could I settle that? All the customers in France have been satisfied except those that refused to take the dogs. It is not my fault. There were sometimes three or four a week. They had not paid their money—I had to send another dog instead. There are very few who paid their money and did not get a dog. There have not been 41 since 1904. I should think I sent money to Mr. Baines, of Brigg, if Sergeant Clark called on me about it. I settled several. There were not 100 complaints last year. There were several. I got letter produced from Cummiskey in December, 1905. That is my writing on Segar's letter, "Copy Cummiskey's letter "; that is my writing on Winson's letter,"Copy Cummiskey's letter." One was with regard to a bassett hound and the other to a mastiff. It was a mistake with regard to the bassett hound, but not with regard to the mastiff. I cannot remember it. The report produced saying that the picture would only fetch £5 at auction relates to my picture by Burriera. Pictures sometimes jump up to hundreds in price. I remember Mr. Sharp, of Carnforth, wanting to buy a poodle dog. I may have had several in my possession—I had got the offer of one. Sharp sent me his cheque for £3. I wrote that I had one to sell for a friend like the smaller dog in the photograph produced; that was to show the breed. I had received the description of one that would have exactly suited that gentleman, but I cannot remember the name of the person now. Mr. Robinson wanted a St. Bernard in January, 1906. I wrote that I had for sale for a friend a very handsome and fine-bred St. Bernard. I cannot remember who the owner of the dog was. I cashed that cheque and had it specially cleared. I was anxious to get the money to pay the owner. I did not pay the owner; the dog was ill and I got another one. I wrote that the owner was away from home.
(Thursday. May 3.)
PRISONER (on oath), recalled. Further cross-examined. I remember Mr. Porter inserting an advertisement in "Our Dogs" to sell two Dachshunds. They were sent up to me. I have not yet paid for them. I was outside the agents in Cheapside when they were delivered. I told Belcher where to send
them to. They were sold by my directions on the spot, on January 30. Belcher sold one and received the money for me, and I had sold the other dog the day they arrived. I received the money for both before I parted with them. I have not yet paid Mr. Porter. I remember Mr. Winson advertising a King Charles bitch. That was sent up to me. I sold it and received the money for it before I parted with the dog. I have not yet paid Mr. Winson. Mr. Bass sent a Borzoi pup which I sold, and received the money for before I parted with it. I have not yet paid Mr. Bass. It was sent to me on August 24 of last year. Mr. Bass took out a county court summons. I did not pay because the dog was refused by the buyer abroad. I did not refund the money, but I sent the buyer another one. I do not remember MacIntyre or receiving a Basset bitch from him. If I received it, I have not paid MacIntyre. The dog was no doubt sent away and sold by me, and I have received the money for it When I sold a dog I did not always get the money first I remember one in 1904. I remember Skilton, gamekeeper, sending me a Borzoi bitch in January, 1906. I had sold that dog and received the money for it before it went away. That was refused, too, and I sent the buyer another. I did not get it back, as it went abroad. I have had dealings in Belgium. I know the paper,"Chasse et Peche," and insert advertisements in it I see it regularly. I have seen the article produced headed,"Toujours Louis Clement." I am a Frenchman, and I understand it perfectly. "From what I hear, Mr. Pepleau has been outrageously robbed by Louis Clement, of London, whose fraudulent acts we have pointed out on other different occasions. Mr. Pepleau, on November 6, 1904, sent a postal order for 145 francs to Louis Clement, but he has not succeeded up till the present in obtaining the collie purchased at this price. All comment is superfluous. Mr. Pepleau is desirous of taking process against Clement, and would like to hear from other persons who have been duped by this dishonest individual in order to come to an understanding how to put an end to these shameful transactions"—that is a correct translation. I have seen an article like that as long ago as December 30, 1900, and another between that and 1905. I have not taken proceedings against this paper. They are rival dealers who run against me, and put these things in on purpose to injure me. I saw the French paper,"Matian," dated March 12, 1905, produced. It does not say anything about fraud. This is a correct translation: "We have lately received numerous complaints respecting the dealing of Mr. Louis Clement, dog dealer, of London. A long time ago we were obliged to point him out to our readers. We impress upon our subscribers to beware of his promises, and not to treat with unknown persons except
through the medium of the journal for the deposit of funds so that the money can be paid to him afterwards." That is rivalry. The shareholders of the paper are all dog dealers. In my letters it was a regular practice, when I wanted to gain time, to write that I was away, when I was not.
Re-examined. The shareholders of the "Matian" who run the paper are all breeders who are naturally rivals to me. I have about 80 testimonials from various people. I have had many within the last 18 months or two years. I supplied Baron Von Dusen last year with eight greyhounds, and with them he took seven prizes and the championship cup at the Brussels dog show the same year. I have supplied the Champ de Marci and other packs with hounds for years. I did not always pay for dogs supplied to me. I have often sent dogs on approbation and lost them—never got paid. In consequence of that I, only lately, altered my system. I supplied many dogs abroad which did not answer description, and have lost about 30 within a year. I became liable for 100 at least. There were three in one week. The picture produced was sent as a type of a breed; it is a newspaper cutting, and not meant as a portrait of the particular dog. I have been about 15 months in financial difficulties. I had no other reason for taking the Long Acre office except to escape from my friends, and to have room for the papers. It was in many cases the practice to send dogs to France before I saw them, but not always. Sometimes I sent them on approval abroad. They were all sporting dogs. I relied on the description given to me by the sellers. I did not send them without the buyer having contracted to buy them—so they were not on approval.
Verdict, Guilty on both counts.
Sergeant CLARK, recalled. Prisoner appears to have come to England in April, 1892. He then had an office in Whitefriars Street. Since then the police have had a very large number of complaints. The complaints had been so numerous that the Commissioners of Police thought it advisable to issue to all police courts in London a warning about this man. I have also made inquiries at different places. He was engaged on "The Field" and was dismissed in consequence of having fraudulent dealings with a rival paper. After leaving there he appears to have edited the "Shooting Times," and there he had to give it up because of fraudulent dealings with the public. In searching his place I found a very large number of letters with regard to dogs sent, and no less than 186 complaints of money not being sent for the dogs, the total sum in reference to 133 of such complaints being £385 3s. 10d. The other 53 letters do not show what amount was in question. There is another list of 43 letters from Belgium and France complaining of having sent money, and dogs not being forwarded; also as to game
eggs in some instances, and there are a few cases of other animals. The total sum involved in that list is £201 1s. 8d. There are ten county court summonses amounting to £35 5s. 9d., all for the money for dogs sent. I picked out 21 cases indiscriminately from the 186 and wrote to the police district in which the people resided and received answers from all. They were complaints of money sent and dogs not forwarded in England. Prisoner had some business where he paid cash and disposed of the dogs afterwards. I have communicated with the editor of "Our Dogs" journal, and he says that during the past eight years he has had 200 complaints about prisoner from subscribers. Prisoner was arrested in September 1901, on a charge of fraud in obtaining money for a dog not sent at Aberystwith and was tried at the assizes and acquitted. The Belgian police have been seen, and they say that during five years they have had no less than 200 complaints. In Paris also there is a very large number of complaints affecting this man. (To Mr. Benson) From my information, he severed his connection with the "Shooting Times" ten years ago. Copy of "Shooting Times" produced of April, 1906, advertises the book of "Wild Fowler."
Sentence, Three years' penal servitude on the first count, and six months' hard labour on the second count, to run concurrently.
FOURTH COURT; Tuesday, May 1.
(Before Judge Lumley Smith.)
BOUGH, Arthur John (28, manager) , conspiring with Edward Dawson to enable the latter to offer himself as a servant, pretending that he had served in a service in which he had not actually served; conspiring with Thomas Marsh and Henry Field to commit a like offence.
Mr. Travers Humphreys prosecuted.
EDWARD FULLER CRIPPS ,"Shakespeare" public-house, Cambridge Road, Kilburn. Last September I wanted a barman, and Henry Field applied for the place, giving the name of Bough,"Newbury Arms," Kentish Town, as reference, and stating that he had been there for 12 months. I went and saw the prisoner, and asked him if Field was honest and sober. He, said he was; and that he had been living with him for about
12 months. He said he was leaving of his own accord; he was very good barman, and he was very sorry he was leaving. I took Field into my employ, but he was only with me seven weeks. He turned out unsatisfactory.
To Prisoner. I did not make a note of what you said. I am certain I asked you whether Field had been at the "Newbury Arms." You certainly said that he was with you there, that the place was very rough; a lot of coal porters used it.
ASHER ROSENBERG . I kept the "Newbury Arms" last September, and prisoner was in my employ as manager for about six months. Henry Field was not employed there, and I did not authorise prisoner to give any reference to him.
To Prisoner. I remember a man working for us in the holiday time, named Thomas Marsh. I do not remember asking him to stop on at a higher wage. He was in my employ on your recommendation because I was hard up for a man, but only for three days.
WILLIAM SUTHALL , manager to the proprietor of the "Brewery Tap," Bridge Street, Westminster. Last February I advertised for a barman, and a man who gave the name of Thomas Marsh applied, and gave the name of the prisoner as a reference, at the "Spread Eagle," Mortimer Street, West. He said that he had been with prisoner for 10 months. I called on prisoner February 14. He was managing for Mrs. Thompson. He told me that Marsh had worked for him at that house for 10 months, that he was a most excellent barman, and that he was sorry to lose him. I took Marsh into my employ, and he remained with me from February 16 to March 10, when I discharged him for gross misconduct in the bar.
To Prisoner: He threw bread and cheese and drink over the bar. I did not make a note of what you said to me.
Mrs. SARAH THOMPSON ,"Spread Eagle," Mortimer Street, W. Prisoner managed my house from January 2 to March 10. Thomas Marsh was never in my employ there. I am quite sure about it, and the prisoner had no authority to give a reference to him as having been employed there.
To Prisoner. You did not show me a letter from Edward Dawson.
To Mr. Travers Humphreys. I am sure I gave no reference, and prisoner had no right to give a reference to Marsh.
PERCY CHAPMAN , manager of the "Atlantic," at Brixton. On March 9 I needed a barman, and a man named Edward Dawson called, who referred me to prisoner at the "Spread Eagle," Mortimer Street, West. He said he had been barman and cellarman under prisoner. I taw prisoner, who said that Dawson was honest, sober, and trustworthy. He said that he had worked with him at the "Spread Eagle" for 10 months. Dawson told me that he had left because the house was changing
hands. I told this to prisoner, and he said it was quite right, if he had, not got a job he should have introduced him to the brewers and they would have found him one. I took Dawson into my employ about March 9, and he stayed till March 22, and I have never teen him since.
To Prisoner. I did not make a note of what you said. I do not remember your saying Dawson was with you at the "Crown and Grapes," Little Newport Street. You said that he had left the "Spread Eagle" through a change of hands.
To Mr. Travers Humphreys. It is important for me to know how long a man has been in a situation, so that it is a question I should be sure to ask.
To Mr. Travers Humphreys. It is not true that Dawson was in my employ or in Bough's under me for ten months, and he had no right to give such a reference.
CHARLES HAWKINS , Detective-sergeant On March 30 I arrested prisoner at a public-house in Newington Causeway, and read the warrant to him charging him with conspiring with a man named Edward Dawson to commit a certain offence to enable Dawson to offer himself as servant to Percy Chapman. At the police station he said, "The only man I have given a reference to is Edward Dawson, who was with me at the 'Crown and Grapes,' Little Newport Street."
To Prisoner. I put down word for word what you said, and read it over to you.
To the Court. I read it to him.
The PRISONER (not on oath). The man named Edward Dawson was with me at the "Crown and Grapes," Little Newport Street. He was there for eight months, and my predecessor gave him an excellent reference. He wrote to me at the "Spread Eagle" asking me to speak for him, as he had been working at the seaside, and his employers had sold and had gone away. I showed the letters to Mrs. Thompson for her perusal and she said, "Certainly, speak for him." Mr. Chapman came after his reference, and inquired if I was Mr. Bough? I said, "Yes." He said Dawson had applied to him for a situation, what sort of man was he? I told him I found him all right while he was with me, and if I was him I should give him a trial. He said he would. Then the conversation turned. He said how much I looked like, his uncle, and asked if I knew him. I never said I was the proprietor, neither did he ask how long Dawson was with me. Thomas Marsh was with me on two occasions, once at the "Lord Clyde," Estcourt Road, Fulham, eight months; and again at the "Newbury Arms," Maiden Road, Kentish Town. Mr. Rosenberg, the proprietor, engaged him, and offered him more wages and a potmans's situation to stay on. When Mr. Suthall came about him to the
"Spread Eagle," he only asked if the man had worked for me. He never asked how long; only what wages he had, and what sort of a chap ht was. Henry Field was with me in the "Prince of Wales." and the "Sussex Stores." He came to see me at the "Newbury Arms," and asked me if I would speak for him, and I said I would. When Mr. Cripps came for the reference, I did not say I was the governor; and it was no lie when I said Field was with me about 12 months.
Verdict, Guilty of conspiring to obtain for various barmen situations by false pretences.
The police gave evidence of similar cases of false references given by prisoner. Sentence, Nine months' imprisonment.
Mr. Rooth prosecuted.
Verdict, Guilty of indecent assault. Evidence was given of other cases of a similar kind against prisoner. Sentence, Six months' hard labour.
GUINNESS, Patrick (61, tailor), and POULSON, Charles (41, steward) , charged with stealing a suit of clothes, the goods of Hope Brothers, and feloniously receiving the same. Guinness pleaded not guilty, and Poulson pleaded guilty.
Mr. Bassett Hopkins prosecuted.
WILLIAM LAWRENCE (detective-constable, City Police). I was on duty in Cheapside on March 28 at 9.50 a.m. with Detective Wise. I saw prisoners walking up Cheapside, and followed them through St. Paul's Churchyard to Hope's shop, 34, Cannon Street, where both prisoners looked into the window. They went to a public-house in Knightrider Street, and went again to Hope's. Guinness looked in the doorway and came back and spoke to Poulson, and the latter hurriedly went into the shop. Guinness stood opposite the door watching to see who was about. I told Wise to caution the manager as I knew Poulson already. Shortly after Poulson came out and joined Guinness, and they went to Blackfriars. Wise again went into the shop, and, from what he told me. I told the prisoners I should arrest them for attempting to obtain a suit of clothes by a trick. I said to Poulson,"You have given the address, Johnson, 21 Room. Peele's Hotel, Fleet Street, which is not your name, neither do you live there." I took him to Cloak Lane Station. On being
searched a suit of clothes was found in the teat of Poulson's trousers. I told them that they would be charged with being concerned in stealing this suit of clothes from Hope's. Poulson said, "You have caught me properly." They have been identified by Hope.
To Prisoner. You did not open the shop door and look in; you looked in the window. It is possible for anyone standing out side to see who is inside port of the shop. I am sure there was nothing hanging up inside the glass. I have seen you once before in Poulson's company, when I arrested him for having a suit of clothes in his possession, September 12, 1905. To the best of my belief you are the man who got away on that occasion. I hare had you under observation as a cardsharper.
FREDERICK WISE (Detective, City Police). To Mr. Bassett Hopkins. I was with the last witness on March 28. About 9.50 we saw the two prisoners in Cheapside, and followed them to Cannon Street, where they crossed over to Hope's shop. They went to a public-house in Knightrider Street, came out, and returned to Hope's. Guinness looked into the window, looked in the doorway, came back, and said something to Poulson, and the latter went into the shop. I went in and saw the manager, and cautioned him. I came out and kept observation on Guinness. In about eight minutes Poulson came out and joined Guinness. I again went into the shop, saw the manager, and from what he told me I went out again and saw Lawrence. We went to Blackfriars, where we arrested them, and they were taken to Cloak Lane, where 1s. 3d. was found on Poulson, and one penny on Guinness.
CHARLES EDWARD CRAWLEY , assistant to Hope Bros., 34, Cannon Street. To Mr. Bassett Hopkins. This suit of clothes produced is Hope's; its value is 55s. I saw it at Cloak Lane Police Station, March 28; previously to that it had been in Hope's possession at our shop. We keep these ready-made clothes in the basement next to the trying-on room. I saw Poulson in that room—he tried on a complete suit. He was by himself part of the time in that room. He gave the address Peele's Hotel, Fleet Street, and his name as Johnson.
To Prisoner. The trying-on room is in the basement, and it would have been impossible for a man outside our shop to see what was going on there. It would not be possible for anyone outside the shop to see me art the time I was serving at I was in the basement. I have never seen you in the shop.
CHARLES POULSON (on oath). To prisoner Guinness. I met you on the day we were arrested close to the Bank of England, and we went to a public-house in Queen Victoria Street, I said I was going to order a suit of clothes, and I asked you to wait for me outside. I was in Hope's ten minutes and rejoined you. We walked to Blackfriars Bridge. You knew nothing
whatever about the suit of clothes. You had no idea I had that suit on me.
To Mr. Bassett Hopkins. I have pleaded guilty. I have been convicted of larceny only once before. I did not reside at Peele's Hotel, and my name is not Johnson; but I gave that name and address to Hope's. Guinness is not an old friend of mine; I have seen him two or three times. There was a charge against me before Christmas of being in unlawful possession of a suit of clothes. Guinness knew nothing of what I intended to do at Hope's; and when we were arrested he knew nothing of what I had inside my trousers.
Verdict, Guilty. Police proved 23 former convictions against Guinness, and several convictions against Poulson. Sentence, each prisoner 18 months' hard labour.
WEBB, William (35, printing ink grinder), pleaded guilty to forging and uttering an order for payment of £55, with intent to defraud. Prisoner released on his own recognisances to come up for judgment when called upon.
OLD COURT; Wednesday, May 2.
(Before Mr. Justice Jelf.)
Mr. Fordham prosecuted.
Prisoner's victim was only nine years of age, and Mr. Justice Jelf, in sentencing him to three years' penal servitude, described the offence as a very wicked one.
Mr. Leycester prosecuted; Mr. Huntly Jenkins defended.
MARK SOUTHWELL , warder, Brixton Prison. On March 30 prisoner was in the prison. I supplied him with the paper on which the letter produced was written. I handed it over to the authorities, and in the ordinary course it would be posted.
CHARLES GEORGE SMITH , managing clerk to Messrs. Oswald, Hanson, and Smith, solicitors. The following letter was handed to me by prisoner's wife at the police court when prisoner was Committed for trial: "Dear Nan,—In the small drawer in the bedroom you will find about ten shillings in my pocket-bag. Yon will also find further money in my purse, same drawer. I shall not be home for a few days. I am seeking my revenge with one of my many enemies, and I intend substantial compensation
before I have finished. I advise you be careful what further negotiations you have with Fraser, because his days of defiance are numbered. I feel the same to you all as ever, viz., duty and absolute duty only. Friends to the foremost; foes afterwards. (Signed) Jn. Tuck."
"Don't think of coming over, I implore of you. (Signed) Jn. T."
ROBERT STEVENS FRASER , solicitor, Finsbury Circus. I acted on behalf of prisoner in certain Chancery proceedings against his brother. They commenced some six years ago, and finished two years or 18 months since. Prisoner did not complain of my conduct when they were finished. On the contrary, he came to the office, paid a substantial sum down, took certain deeds he had lodged with me, and agreed the account. He first complained to me in June of last year. Since than he has called upon me several times. On the last occasion he struck at me as violently as he could well have done. My position was an exceedingly difficult one. I saw the man was suffering from dementia. He forced my arm through the window. His violence was only capable of one interpretation.
Cross-examined. Prisoner's complaint had reference to the costs. I only knew of it as a member of the firm, having had nothing to do individually with those proceedings. Recently his poor wife has complained that she went in fear of her life, and I referred her to the solicitors who had previously acted for her. So far as I know, there is absolutely no reason why prisoner should have written this letter.
WILLIAM NORWOOD EAST , medical officer Brixton, Prison. Prisoner has been under my observation since March 29, when he came into the prison. I think he is of unsound mind, and in a state of health in which he might suffer from delusions. He has complained about Mr. Fraser. I have formed my opinion about prisoner more from his conversation than from his manner.
To the Judge. I think his mind was so diseased that at the time he wrote this letter he did not know it was a wrong and wicked thing to do.
The jury deliberated, and for a time did not agree, one of their number thinking that the expression "his days of defiance are numbered" did not convey the same meaning as "his days are numbered." Eventually prisoner was found Guilty, but held to be insane, and not responsible according to law at the time he committed the act.
Mr. Justice Jelf directed prisoner to be kept in custody till the pleasure of His Majesty should be known.
PRISONER. Is there any appeal against this? I am a good many years old to find out insane.
Mr. Fordham prosecuted.
Mr. Justice Jelf, after hearing the evidence of the two girls, held that it would not be safe to convict prisoner on the more serious charge, and directed the jury accordingly.
Verdict, Guilty of indecent assaults.
SERGEANT ERNEST BAXTER , E Division. Prisoner has been known to the police since 1891. On July 2 he was sentenced to three months' hard labour at Clerkenwell Police Court for indecent exposure to little girls. In 1897 he was convicted of a similar offence at the same court, and again sentenced to three months. In 1899, at North London Sessions, he was sentenced to nine months' hard labour for indecent assault on a child. He was again charged in 1903, but acquitted.
Mr. Justice Jelf, in sentencing prisoner to eighteen months' hard labour, described him as a pest to society, and expressed the hope that when he had served his term of imprisonment it would be possible to get rid of him under the Act for the expulsion of undesirable aliens.
NEW COURT; Wednesday, May 2.
(Before Mr. Recorder.)
CRAWFORD, Francis Haden (42, merchant) , being entrusted with a cheque for £99 15s. 1d. by Frank Murray Campbell, unlawfully and fraudulently converted the same to his own use. Second count: Uttering the said cheque. No evidence was offered for the prosecution, and a verdict of Not guilty was entered.
HYAMS, David (61, no occupation) ; stealing two brass menu frames, the property of Sir Thomas Robert Dewar; second count, feloniously received the same knowing them to be stolen; also stealing 7 lb. of metal (copper and brass), the property of Henry Robert Burstall and another; second count, receiving the same knowing them to be stolen.
Mr. Arthur Hutton and Mr. Symmons prosecuted. Mr. Wildey Wright defended.
TAPPENDEN, police-sergeant (A Division). On April 7 I obtained a search warrant and went with Sergeant Beard to 90, Lower Kennington Lane, occupied by the prisoner as a marine store dealer. I told him we were police-officers and said, "Is your name Hyams?" He said "Yes; that is my name." I said, "During the last eight weeks have you bought any small
quantities of metal or brass on Friday evenings?" He said, No, I never buy small quantities of brass or metal—I never buy less than 1 cwt." I said, "I have a man in custody who has made a statement to the effect that you have bought small quantities of brass and metal." He made no reply. We then went to the shed at the back and found a quantity of brass and metal in sacks, which was identified by the prosecutor, Burstall (produced). The articles are used for testing purposes to do with electricity. This weighs about 16 lb. We afterwards found 14 couplings for cable heads belonging to the G. P. O. marked with a broad arrow. After the prisoner appeared before the magistrate we went back and took possession of a quantity of other property, and these Rosbach menu frames, used at restaurants, and two Apollinaris frames (produced). I asked him if he kept books and he said, "No, I do not" A marine store dealer is bound to keep books under statute, in which to enter all purchases and weights and the names of customers. He has under the door,"David Hyams, Marine Store Dealer." A man would not be exempt merely because he called himself a general dealer. A quantity of bed-ticking covered the sacks. The property we took possession of also included new unions that appeared to be wilfully damaged. They have not been identified. They are used for water-pipes and such like (produced). There was about 26 ft. of new copper-plate, and also a quantity of new cable copper wire that had been cut.
Cross-examined. The proportion of things identified is fairly small, with the exception of the P. O. stuff. The prisoner has a marine store dealer's and a furniture shop in the same street. He has carried on business there for fourteen or fifteen years. I understand the police have searched his place on two occasions by warrant, but have found nothing. He has borne an exemplary character. He at once admitted his identity. He told us the stuff was in the back and we found it and shot it out. He took us there. The bed-ticks were packed up in parcels. I do not know whether to be sent away. The staff is in the same condition now as when we found it. These are brass unions and shoulders for water taps and joints for water pipes, I should say. I should not think they had been accidentally damaged. They bear marks of a hammer. I should say the whole lot weights 5 or 6 cwt. This piece of gun-metal weighs 24 lb. There would be about 40 lb. of it. The shop is rather dark, and it might be difficult to see the marks on the metal.
Re-examined. It is not far to go from the place where he weighs the things to see them. This Rosbach frame looks as if it had been wrenched off by a jemmy. The letter-paint has been packed out. Whether he had shown us the shed or not we should have searched the whole place.
Further cross-examined. The Rosbach frames are exactly as they were, the menu is put inside them. I understand they are never thrown away—they are the sole property of the Rosbach and Apollinaris people, and they never sell them.
JOHN BEARD , Police-sergeant, A Division. I went with Tappenden to prisoner's premises, where we found the couplings for cables with the G. P. O. and broad arrow marks upon them. I asked the prisoner,"Where did you get these from?" He said, "I bought them at a sale last week." These notes I made at the time—I think I can do without them. I did not direct his attention to the marks. He said he bought the Rosbach frames at a sale in Oxford Street. We went into a private room where there was a female, I believe his daughter. He said to her,"I have to go with these officers. I did not buy the copper—you did." She replied,"Yes, on Monday last." I took that to refer to the copper bought of Burstall. The G. P. O. things are not copper, but gun-metal and brass.
Cross-examined. As far as I know, prisoner's statements were true. I did not examine the marks of the G. P. O. and broad arrow at the time. I do not know that there are frequent sales of G. P. O. surplus stuff.
JAMES BERRITT , Police-sergeant, A Division. I went with Tappenden and Beard to the prisoner's premises. I have since ascertained that the female is his daughter. I did not hear What he said to her, but she replied,"Look at the bright side I will take the responsibility; I bought it when you were out." He said, "Very well—you bought it last Monday night." Another officer, Goodwilley, came in to assist in the search, and the prisoner said to him,"You remember the other day—when you were in," He said, "Yes," and he said, "You remember I was going out?" The officer said, "Yes," and he said, "She bought this when I was out." I cannot say whether that was on a Monday.
Cross-examined. So far as I know, the prisoner's statements were true. There was an elderly woman also present. I was standing at the doorway with another man now at the back of the court, who is bail.
GEORGE BETTERIDGE , 98, Tyer Street. I was employed by Messrs Burstall and Monkhouse, at 14, Old Queen Street. I used to go there on Fridays to clean the windows and do odd jobs, and as machine teeter. I began stealing and pleaded guilty at the police court, and was bound over. I took bits of brass and long pieces of copper from the machinery place where I worked. I took them in paper in my apron a few pounds at a time. I used to take it home and have my tea, and then undo it and take it to Hyams', which is about ten minutes' walk. He was a stranger. It was after Christmas that I began taking it. It happened seven or eight times. Prisoner used
to give me 1s. 9d., 2s., or 2s. 6d. He put it in the scale and had a slight look at it. I never knew the weight. I always sold to him—not his daughter. He never asked me where I got the stuff from.
Cross-examined. I went to Hyams believing him to be a respectable tradesman. I took what he gave me. It had the appearance of being stuff that was done with, mostly—it is stuff that is tested and broken in halves. I am sure he did not ask me if it was my own. I was so pinched—I had lost my wife and four children, and I became a thief—not a professional thief. I got off very easily. The police followed me and asked me to undo the parcel.
Re-examined. I was arrested on April 7. I bold the police the truth. I previously had an excellent character.
WILLIAM C. SHETTLE , assistant to Burstall and Monkhouse, 14, Old Queen Street, Westminster, engineers. I identify the property shown to me at prisoner's premises as theirs, value about 5s. or 6s; It is stamped with a special mark. It is new material, and has been used for testing purposes. It has never been sold at old brass. This specimen has our ordinary technical number, but not a special mark.
Cross-examined. The number 31, 335 it our mark, the numbers on these specimens are the numbers entered in our book. They are entrusted to us by clients to be tested to find out the quality of the material, and if any question should arise they want to see the specimens; so we always have to have them in case we have to produce them. They are kept for 12 months, and then disposed of at scrap material to be melted down.
PERCY GIBSON BENWELL , Stores Department, G. P. O., at Mount Pleasant. On, April 10 I went to Scotland Yard, where Sergeant Tappenden showed me the things found at prisoner's place. They are called linings, and are the property of the Postmaster-General. They are marked with the broad arrow and "G. P. O." They would not be sold in that condition. We had not missed them. We have two lots—scrap gun-metal and brass—and if sold we should dismount the metal from the brass. We should not sell the bearing with the rubber lining on it.
Cross-examined. We have sold linings of the older type, but not in that condition. I said at the police court, of some of the linings,"It would be possible that they could be sold as old stores, but with others it is quite impossible." Since saying that I have investigated the system. I still say in theory it is possible.
CUTHBERT JOHN EVANS , plumber at the G. P. O. I attended at Scotland Yard, and identified some of the property of the Post Office—three, two-inch gun-metal fittings for cable heads. I saw them last in the G. P. O. vaults up to March 30 in a box. I then went from the G. P. O., Mount Pleasant, to Hyde Park,
till April 9. I missed some of these on my return. I recognised my own work on them.
Cross-examined. I do not think we find two men work alike. I have no doubt as to these.
SERGEANT TAPPENDEN (recalled). When I took prisoner to the police station I spoke to him about the menu frames of the Apollinaris Company. He said, "My son-in-law bought those in Bond Street." I said, "Was it at the 'Blue Post Tavern?'" He said, "Yes."
Further cross-examined. I was given a catalogue of the sale. They are not in this catalogue. Lot 55 is a quantity of bottles.
STANLEY EASTOE , clerk to the Apollinaris Company, Limited. I went with Sergeant Tappenden to Scotland Yard on April 12 and identified two of our menu frames. We do not sell them, but loan them out. Now they would be worth £1 3s. each. We note to whom we tend them. Two frames were sent to the "Blue Post," and have never been returned. I cannot say whether these are the two. I believe the "Blue Post" was sold up.
Cross-examined. They are old brass value now. The company sends out large numbers to almost every public-house in London and elsewhere. We do not lose them to my knowledge. When they are done with they are returned and fixed up at other public-houses. Perhaps our representative would not always know when they were missing.
GEORGE FREDERICK CLARKE , clerk to C. N. Stevens and Co., 17, Ryder Street, St. James's, auctioneers. There was a sale at the "Blue Post" Tavern, 32, Bond Street, on March 14. These frames are not included in the list of anything belonging to the Apollinaris Company.
Cross-examined. We should not sell them because we should consider they were the property of the company. We sent to different people to remove their things, like barrels belonging to the brewers—Salt and Co., I believe. We distrained for rent.
SIDNEY PARISH , in the employ of the Rosbach Company. I went to Scotland Yard and identified these two menu frames. We never sell them, but lend them out; they should be returned. I do not know when they were lost.
Cross-examined. We occasionally lose them.
(Evidence for the defence.)
PRISONER (on oath). I have carried on business for over 40 years as a general dealer and furniture and rag shop. I have never been a marine store dealer. I had the name up,"Marine
Store Dealer" and was told it was wrong and had it taken down after the police told my daughter about it. It had been up about twelve months at the time of this occurrence. I have three establishments in Kennington. I was never questioned as to not keeping books till after I was charged. I have never before had any charge made against me. I was arrested on Saturday, April 7, I believe. When Betteridge brought me things I had no idea that they were stolen. He asked me if I bought metal. I said, "How much have you got?" He showed me. I said, "Is it yours?" He said, "Yes; it is mine. I am a master man." I believed him. I did not keep books because I was not in the habit of buying such a lot of metal I generally go to sales. My business is not that of a marine store dealer. I buy horse-hair and feathers for bedding. I have a furniture shop and sell tons of feathers and horse-hair. I did not weigh the stuff Betteridge brought me. I tore the paper and saw what it was and paid him, as I calculated, about 5 1/2 d. per lb. for it—a fair value. It is only worth 62s. per cwt. Selling it to me for 5 1/2 d., I should eventually get about 6 1/4 d. I should say I bought of him about 6 or 7 lb. I gave him 2s. 9d. They did not tell me they had a search-warrant if I did not show them over. It was scrap-metal—useless except for melting. I never saw the G. P. O. and broad arrow-marked stuff till the police pulled it out. I know now they came there through my daughter. I had gone to Islington with my wife that night. When I came home about 11.30 my shop was shut up, and I did not see my daughter, who had been minding it, till next morning. She said someone had brought some things, and said he wanted 10s. She said she told him she had not so much, but would lend him 6s. I have not seen him since. I have never bought the Rosbach frames. They were bought by a man named Levy in the name of Jones—my son-in-law; in fact, he borrowed the money of me to pay for the things. He brought the bottles home, and took them to the bottle merchant, who said, "We are full up, and can't take them," and he brought them to my house and asked me to warehouse them. I did not know that a marine store dealer should keep books. I took the police all over the place and they took two silver rattles out of my drawer that I had had for 20 years. The wire I got at different sales to sell again for melting down.
Cross-examined. When the police officers came to me on April 7 they asked if I knew them. I said "Yes." They asked me if, during the last eight weeks, I had bought small quantities of brass or metal on Friday evenings. I did not then say, "No, I never buy small quantities—I never buy less than 1 cwt." It is untrue I said, "Not to my knowledge. If I have it is in the back." I very seldom buy small quantities. I have only seen Betteridge twice. If he has visited me seven or eight
times the goods would be there. It is untrue that he has been to me seven or eight times. A man who gave evidence (I don't know whether it was Sergeant Cornish) came to me on December 31 and asked me if I had been buying small portions of metal. He did not give me the name of Oxley or Joshua. I do not know that they have been convicted. I had no idea of keeping books. I do not deal largely in metals. Betteridge told me he was a master engineer in Tyre Streets. The police went over the place on Sunday morning. I was in bed, but I showed them over, and said, "If you think I have got it come and look." They were quite welcome. My daughter did not say in their presence,"Look on the bright side of it. I will take the responsibility." She said, "Father, I will take the responsibility. I bought that when you were out." I did not know it. I said, "If you bought it on Monday night this is it." My daughter does not live with me. She is a married woman, and was minding my place for convenience. She lent money on it. I did not suggest to her it was Monday night. She suggesed it to me. I saw the Apollinaris frames when my son-in-law brought them in and threw them in my shed. I know nothing of them. I did not make inquiries respecting them. That is a screw, and has been in my place two or three years. It is a big screw of a press, and is phosphorus bronze and not gun-metal at all. You may buy 56 lb. of metal—it is not limited to 1 cwt.
Re-examined. My son-in-law bought the Rosbach plates with about 12 bags of bottles. I said to the officer,"Are you going to take me down to the station?" He said, "Yes; you must go." So when my daughter heard it she said, "Father, don't upset yourself. I will take all the responsibility. I bought it"—or lent money on it, or something to that effect, and then they took me in a cab. It only came to my knowledge last week that you must not buy under 56 lb. weight of metal.
LEAH WRIGHT . I am a daughter of the prisoner and wife of Thomas Wright, a coal porter, of 98, Lower Kennington Lane. I took charge of my father's shop on the evening of April 2. He left me 12s. A man brought in some metal in a sack. He said."I have some metal to sell." I said, "I don't understand buying metal." He said, "If the guv'nor were here he would buy it." I said, "Father can do as he likes. I have nothing to do with the business." He said, "It's all right." I said, "I told you just now I can't buy it. I don't understand it." He stayed some time. I said, "It's no use stopping. I can't buy it" He said he had got £1 worth."Feel the weight of the bag." I said I had no idea, but I did feel the weight, but could not raise it from the ground. I said, "I am sorry father is not in, but if he is not in by 9.30 you can see him any time in the morning after 10." He said, "I must have some money,
for I have the brokers in. Can't you advance me some money?" I said, "I don't do business like that," but I went in and counted my money and said, "I am sorry, but I can let you have 6s. on account," and then I knew I was doing wrong. He left it and I dragged it out and put it in the shed. I told my father the next morning.
Cross-examined. I don't know what the balance would be. I am not in the shop every day. I have children to look after and have nothing to do with the business. I meant by "doing wrong" that I thought it ought to go in the scale. I don't know that books ought to be kept I know metal should be bought over a certain weight. I was upstairs cleaning when the police arrived. I said, "Father, have I got you into this trouble? If crying; I did buy it then.
Re-examined. My father said nothing to induce me to tell a falsehood. I tried to cheer him up. I never looked to see what the metal was marked.
DAVID LEVY . I am a son-in-law of the prisoner and am a dealer in rags and bottles, of 12, Tyer Street, Lambeth. The Rosbach plates were amongst the bottles that I bought at the "Blue Post" public-house—I think, on March 13 or 14. This is a catalogue of the sale. It is Lot 55: "A very large quantity of empty bottles and jars." They were in the cellar. I noticed one Rosbach plate set apart. The bottles were distributed in three different parts of the cellar. They are in the same condition now. When I bought the things I went to Skinner, a bottle merchant of Kennington Cross, to sell them, but they were full up. I then took the bottles and plates to the prisoner's place. He gave me full value (5d. a lb.) for the frames. I do not remember what the amount was. I asked him to advance me a few shillings on the bottles to go to work with.
Cross-examined. I am in his shop perhaps twice a week. He weighed them in his hand. I don't know that you must not buy metal under a certain weight. I buy metal, such as chandeliers and gas brackets.
Verdict. Guilty. Prisoner received a good character. Sentence, nine months' hard labour.
FOURTH COURT; Wednesday, May 2.
(Before Judge Lumley Smith.)
Brooks pleaded guilty; Gerli, not guilty.
Mr. Charles Matthews prosecuted; Mr. R. D. Muir for the prisoner Gerli, and Mr. Hutton for the prisoner Brooks.
ERNEST PRATT , Alpha Place, Chelsea. I am a motor-car driver, and have been in the service of Vigo and Co., fishmongers, 163, Sloane Street. The motor has the name of my employers on it. (Photo produced.) Brooks was in the same employment as myself, and for six months prior to April 14 I drove him occasionally on his rounds. For two months previously I drove him regularly. The round would be Paddington, Great Central, King's Cross; occasionally Charing Cross; and Victoria frequently. I know 15, Wilton Road, where Gerli keeps his restaurant. I used to drive Brooks to Wilton Road, within 30 or 50 yards of the restaurant, four to six doors off, and he used to take a box out of the car and take it into the restaurant, and on his return put the box in the car again. About a fortnight before April 14 I pulled up the other side of Victoria Station, in Grosvenor Gardens. He took the box out of the car and went through the station into Wilton Road. On April 12, two days before the arrest, I remember Brooks taking a box out of the car, going away for a time, and afterwards returning. We went to the "Turk's Head" for refreshments; that was usual after these deliveries. The boxes taken by Brooks to Wilton Road had no addresses on them. I do not know Gerli; never saw him.
Cross-examined by Mr. Muir. The car has Vigo's name on both sides and underneath it: When we drove to Wilton Road we stopped at the north end, where the buses stop, 30 or 50 yards away from Gerli's. That is where we habitually stopped. My habit was up to the date when it was changed to stop at the end of Wilton Road, and we went away the same way as we came; so that we never passed Gerli's at all. I turned the car round after Brooks took the goods out of the car. When the road was up (about a month before the arrest) Brooks left the car in the usual place. We always used to go to the "Turk's Head" after these deliveries, as well as other deliveries.
To Mr. Matthews. After we had been to Wilton Road we returned by way of Victoria Station to Sloane Street; we should not go along Wilton Road.
HENRY JONES , Police-sergeant, B Division, examined by Mr. Matthews. In consequence of instructions received, I and another officer watched 15, Wilton Road from March 24. On March 29 Brooks came from Gerli's restaurant. The motor-car was in Wilton Road. Brooks got into the car and drove away. On April 12 I was in Wilton Road at 2.35 p. m., and I saw Brooks leave the car carrying an empty box or tray; he went
to the motor, which was stationed in Grosvenor Gardens. On April 14 I was in Wilton Road with other officers, and I saw Brooks coming from the station yard carrying a box of fish (box produced). Steel and I followed him to Gerli's. We went in together and saw both Brooks and Gerli. I said to Brooks,"Where did you get that fish from?" he replied,"I bought it at Billingsgate Market.?" I said, "You will be charged with stealing it from Vigo's." I told Gerli he would also have to go on the charge of receiving it with guilty knowledge. He said, "I have a letter that all the fish sold to me was bought at Billingsgate Market." I said, "Give me the letter." I accompanied him to his bedroom, and he gave me the letter from the chest of drawers."Gerli's Restaurant, 30.3.06.—I hereby declare that the fish I sold to C. Gerli was purchased from Billingsgate Market by me, E. Gayford." He said, "I ordered salmon and turbot on Friday." On the way to the station he said, "Make a note of what he said; he bought it at Billingsgate." At the station the letter was seen by Thompson and Brooks. Brooks said, "I own I wrote that letter; I did not want the man to know my name." While Gerli was being taken to the station he said, "Mr. Zapelloni told me the police were watching for a man selling fish, and I made the man come in my parlour and write that letter." Brooks said, "I did not buy it at Billingsgate; but I decline to give the man's name." After the charge was read over Gerli said, "Oh, not knowing it to have been stolen. I have a letter." The box was examined and found to contain one salmon, one turbot, and 25 soles. At the station Gerli said it was on the Thursday that he gave the order to purchase the salmon, not Friday. While I was at his premises he gave me no invoice, bill, or receipt for the fish. The fish in the box weighed about 30 lb.
Cross-examined by Mr. Muir. I have known Gerli a number of years, since 1889. He has been licensed since 1897. I have had occasion to call there and see Gerli. It is the duty of the inspector at the annual licensing sessions to report to the magistrates as to the good conduct of all licensed premises. Gerli's license has been renewed annually since 1897. There are 50 tables in the dining-room, and it would accommodate 200 persons at one time. There it a bar at No. 15, and a counter in front of the bar. It was at that bar that the fish was delivered on April 14. Gerli was there, and a number of waiters. Mrs. Gerli and his daughters assist him. When I saw Brooks go out he always went out of the same door. It was in the middle of the day. I entered half a minute after Brooks entered. Brooks had a fishmonger's apron on. There was no cover to the box; it was the sort of box that fish hawkers use for fish. I did not see any fish hawker go in. We began to watch from half-past
eleven to one; latest was half-pest three. I have seen Belle at the restaurant. I think in July or August, 1905. The letter written by Brooks was twice referred to by Gerli; first, when I went into the restaurant, and again referred to at the station and when the charge was read to him."Knowing it to have been stolen," he said."No; not knowing it to have been stolen. I have a letter."
To Mr. Matthews. On March 29 I was stationed just outside Gerli's, facing the motor-car. Zappelloni's is close to Gerli's, No. 7. When Brooks came out he walked towards me.
GEORGE PHELPS , police-constable, 92 B. I saw Brooks on April 4 at 2.35 driving a cart with Vigo's name on it. He pulled up in front of the tobacco shop, seven or eight shops away from Gerli's restaurant, in Wilton Road. He took a box out of the cart, placed it on his head, and took it into Gerli's. In 10 minutes he came out with the box, which he put in the back of the cart and drove away. He was alone in the cart. On April 12 I saw Brooks coming out of the restaurant at quarter to three with an empty fish tray, and he went across Wilton Road, across Victoria Station, and into Grosvenor Gardens, where the motor-car was waiting for him. He got into the motor and drove away. I was with Steel, and we followed Brooks through the station and saw him drive away.
Cross-examined by Mr. Muir. On both dates, April 4 and 12, it was the middle of the day. On April 4 the cart was driven into Wilton Road, and on the 12th it was left at the other side of the station. The cart was in Wilton Road on April 4.
JAMES KINGHORN THOMPSON , 5, Markham Square, Chelsea. I am manager to Vigo and Co. Brooks has been in their employ three years as roundsman. It is his duty to deliver fish, which he used to do by a cart driven by himself, and in later months by a motor driven by Pratt. We have been missing fish for some six months prior to April 14, prime fish, sole, turbot, salmon, and lobster. In ordinary course, fish delivered by Brooks would have a ticket attached with the address of the person. It would have Vigo's name on it; so would the cart. We never had Gerli as a customer. I have never known of a delivery of fish at Gerli's from Vigo's premises or carts. On April 14 I went to the police station and there saw a box containing fish consisting of a turbot, a salmon, and 25 soles, which I identified as the property of the company.
(Evidence for the Defence.)
CESARE GERLI (prisoner, on oath). I have a restaurant at 15, Wilton Road, and I am 55 years of age, married, with four children, a native of Italy. I came to England in 1875 or 6. I conducted a restaurant at Southport for two years, then came to London and started in business in Wilton Road. I paid £3,500 for the business, and have since spent £6,000 in improving premises. I have had a full licence since 1897. I pay a rent of £500 a year. It is a large restaurant capable of seating 200 at once, and I employ eight waiters. I have been dealing with Brooks for two years. I knew him first at Waterloo Restaurant, kept by my brother-in-law. He told my brother-in-law he bought the fish at the market, and he sold it at a shilling a pair of soles to him. I made an arrangement with him to supply me, and he has supplied me at that price ever since, whether big or little."Sometimes they are six ounce, sometimes seven ounce, but it is always a shilling a pair. He came four or five times a week. He brought the fish to the bar at the chief entrance and put the tray down on the bar, where everybody could see him. If I was there I paid, or my girls or my wife. He used to come about half-past two with the uncovered tray in his hand. I deal with other fish-hawkers in the same way. They have no rent to pay and can sell cheap. I bought of three fish salesmen. We pay cash and take no receipt. I put £10 in my pocket in the morning, and I paid for what came in. I run an account with another man for fish (Isaacs), and I pay him by cheque. On March 29 Mr. Zappelloni told me there was a fishmonger in Wilton Road who was selling fish that was not paid for. Next day, when Brooks came I took him upstairs and told him there was a detective in Wilton Road watching a man who is selling fish which is not paid for: is it you? He said, "It is not me, I buy my fish." I said, "Give me a letter to that effect "; and he wrote the letter. I believed him when he said he bought it at Billingsgate. I went away to Italy on July 28 and returned the middle of September, leaving the business in charge of Belle. He was with me a few days before I went, and saw me buy fish from Brooks, and I gave him authority to buy in the same way, and from the other hawkers as well.
Cross-examined. I met Brooks at my brother-in-law's two years ago. I did not know Brooks's name nor where he lived. I never asked. From that time for about five times a week he has been coming to 15, Wilton Road. The price I gave him for soles was invariably a shilling a pair. They are "restaurant soles," of from six to eight ounce. I am not aware that the soles
delivered on April 14 work out at three-quarters of a pound apiece in weight, nor that the wholesale price is 2s. per lb. I never inquired, although I have been dealing with hawkers for 20 years. I am not aware that the soles delivered by Brooks on any occasion weighed 9 lb. I bought fish from two whitebait men, and from Taber. I had no account with him. I paid cash. He is a regular merchant, supplying West End restaurants. On March 29 Zappelloni told me there was a fishmonger in Wilton Road selling fish that was not paid for, and that the detectives were on the watch. Next morning I saw Brooks, and that was the first time I inquired into his name. I did not ask him where he lived. I did not dictate the letter, he signed it in my presence,"E. Gayford." That was the first time I knew his name. I never before asked his name or address. I took no letter from the other men who delivered fish. I cannot tell why my suspicions were directed to Brooks. Of course, Taber is there in the shop at the market. It never occurred to me to follow Brooks, or find out where he was employed. There is no entry in any book of mine lately of fish delivered by Brooks. There was a book, but we cannot find it. While I was away Belle made entries in a book. When I returned the book was full, and the bookkeeper started another book, and this book we cannot find; it has been destroyed. The name of the bookkeeper was Lombardi. The book disappeared a month ago—or even longer ago than that. I bought a small book, and there are two or three lots of fish in it. I think it is in existence. I do not know who destroyed the book I have referred to. It did not occur after Zappelloni spoke to me, but before. I gave no order to destroy it. It is over two months ago.
To Mr. Muir. I have known the two whitebait men 15 years, and I knew Taber in the market. I have known him for three or four years. Brooks was the man I knew least about. The soles, for which I agreed to pay a shilling a pair for all the year round, were restaurant soles, from six to seven ounces. I never dealt with Vigo. This is a West End house with West End prices.
Mrs. MINA GERLI . I am wife of Gerli, and help him in the business. I have known Brooks two years. I knew him as a fishmonger. He sold soles at a shilling a pair all the year round. Very often I paid him as I was in the bar. No receipt was given. I pay for many things like that—ice, cake, whitebait, and other things.
Cross-examined by Mr. Matthews. I made no entry in my book of any payments made to Brooks. The arrangement with him was the same arrangement as with my brother. I cannot tell you how long he dealt with Brooks before he left and sold his business. Brooks delivered fish to us four or five
times a week—whenever he went to the market. Sometimes four pair, or five or six. I don't think it ever was a dozen Lombardi kept a book showing takings and payments. All the money paid in the bar I put down as sundries. That book is destroyed. I threw it away myself. I cannot tell you when it was. I paid Brooks. 2s. 9d. per lb. for a few salmon; and 1s. or 1s. 2d. for turbot. There was no arrangement about that, it was as the market price. No document or writing of any kind passed between us. I did not know his name or address, or whose service he was in.
IDA GERLI . I am daughter of prisoner, and assist in the business. I have seen Brooks bring soles. Sometimes I paid him—it was a shilling a pair. It was always in the daytime, and anybody could see what was done.
To Mr. Matthews. My father told me that was the price. He did not bring salmon—always soles.
To Mr. Muir. I have been to Italy to be educated, and I returned two years ago. I have not seen Brooks delivering salmon or turbot.
JULIUS BELLE , 84, Jermyn Street, St. James's, late proprietor. I remember Gerli going to Italy, July 28, and prior to that I was at his restaurant a few days to become acquainted with the business. I did not see Brooks then, but I did after Gerli had gone. Gerli said, "There is a man that goes to the market and he sells me soles every day, and when he comes you simply pay him a shilling a pair." When Brooks came I told the cashier to pay so many shillings for so many pair. A good many other hawkers I paid the same way. I used to keep a rough little book. Not being the proprietor, I ought to give an account of what I spent. When Gerli came back I rendered the account Brooks came at half-past two. I have known Gerli for 20 years, and he has a very good reputation.
Cross-examined by Mr. Matthews. All the payments I made to Brooks I entered in the book. Gerli had an accountant who came once a month and went through the book and checked what I spent. I left the book behind me at Gerli's. Before Gerli went away he introduced me to some tradesmen personally, but he said there was one man who was in the habit of supplying him with soles, and I was to pay a shilling a pair.
To Mr. Muir. As regards all the people who delivered goods at fixed prices, he told me what the prices were.
of No. 15, at the principal bar. The deliveries were in the daytime. I had no suspicion that the fish was stolen.
Cross-examined by Mr. Matthews. I received my instructions from Gerli in July. He did tell me about this man who would bring soles at a shilling a pair, and who was to be paid that price. Entries were made on slips of paper in order to be hooked. There is another bar where goods could have been received, but they were not.
CARLO ALUTO LISTER . I was a waiter at Gerli's for four years. I know Brooks and have seen him coming with fish. He came between two and three o'clock. He came and laid the fish on the bar, and he was paid a shilling; a pair, according to the number he brought. Anybody could see all that went on.
Cross-examined. I never saw salmon or turbot. I was not there on April 14.
SAMUEL ISAACS , fishmonger, 175, Drury Lane. I have known Gerli three or four years; and during that time I have supplied him with fish. A shilling a pair all the year round for restaurant soles is a fair price. I should sell at that price all the year round. Restaurant soles are ¾ lb. a pair. I know that many hawkers buy at Billingsgate and sell fish to restaurants.
Cross-examined by Mr. Matthews. That would be a fair price for soles weighing ¾ lb. a pair, but not for soles weighing ¾ lb. each. I should say 2s. would be a fair price for such soles per pair. Soles vary in price, according to season.
LUIG PEDREOLI . I am head waiter at Gerli's. I know Brooks and have seen him delivering fish there. It was delivered at the main bar and paid for at a shilling a pair. It was done in the daytime before everybody. I produce some accountants' books and the petty cash book. January 5, 1906, is the first date. I remember the book that existed before this—a similar book. That is the one which was in existence when Belle was there. I do not know what became of it. The other books are books kept by Lombardi.
Cross-examined. Sometimes I paid the whitebait men. I did not enter it, but either Mrs. Gerli or the daughters. Brooks' deliveries were always entered in the book. He came four or five times a week. Looking at the book, I do not see any entry of payment to Brooks on March 29. Sometimes they forgot it. There is no entry on April 4 or 12. On April 11 I find soles 14s., and I suppose it was paid to Brooks.
Re-examined. None of the entries are in my handwriting. I used to say,"Book so-and-so."
To Mr. Muir. Looking at the entry on April 11, 14s. for soles, I cannot remember whether that was all for soles. It is in my handwriting, and it was paid to Brooks; but, perhaps, I put the ice or whitebait with the soles.
To Mr. Matthews. Every day in April 6d. or 1s. it entered for whitebait. It always appears distinct. I buy sixpennyworth from one and sixpennyworth from another. I always enter it.
WALTER BUNN , 133, Paulette Road, Cambridge. I am a dealer in whitebait. I get it from Southend; and sell it wholesale. I deal with fishmongers principally, but with restaurants as well. I give no invoice or any receipt. I serve Gerli in that way.
Cross-examined. I drive up to a shop in my trap which has my name and address on it. I have delivered to Gerli for 18 years. I am paid for the quantity I deliver. It is sixpence generally, and no vouchers pass.
To Mr. Muir. I go inside and get the order, get a basin, and take it in and get the money.
CHARLES PINOLI , restaurant keeper, 17, Wilton Street. I can accommodate 400 people to dinner. I deal with hawkers for fish—soles among others. I do not ask for an invoice or receipt if I pay myself. If somebody else pays he has to produce a voucher.
Cross-examined. Whitebait people come to me with their carts and with their names on them. I buy soles from hawkers. I know the people I buy from by name; and I know where they live. The dealings appear in my books. Every purchase of soles is entered in my books; not as soles, but as "fish." Our business is a company. The books are submitted to a chartered accountant.
JAMES KINGHORN THOMPSON , recalled. The wholesale price of soles depends on the season of the year. It is dearest in Lent, according to the weather. It is cheaper in the summer months. The 25 soles which were taken from Gerli's would weigh 20 lb. In the month of March the average wholesale price was from 2s. 6d. to 3s. in the market, that is, by the hundredweight.
To the Court. It would be impossible to make a contract to sell soles by the pair when you have to buy by weight.
To Mr. Matthews. The small slips,"tongues" as they are called, are of no value to a shop like ours. A slip is a quarter of a pound sole. On the day in question salmon wee very scarce indeed in Billingsgate Market. It was very hard to buy in the market at 3s. in the morning, later in the day it was impossible. I served the trade myself in the afternoon at a very high price.
To Mr. Muir. Ours is a shop which deals only with first quality fish at top prices.
(Thursday, May 3.)
Verdict (Gerli), Not guilty. Sentence on Brooks, three months' second division.
OLD COURT; Thursday, May 3.
(Before Mr. Recorder.)
[Pleaded guilty] Sentence postponed.
BRIGDEN, Thomas John (20, labourer), and HOLLOWAY, Arthur John (24, bricklayer). Brigden, stealing two pieces of electric cable, the goods of the Postmaster-General; and Holloway, feloniously receiving same. Brigden pleaded guilty; Holloway, not guilty.
Mr. Arthur Hutton prosecuted. Mr. Black defended Holloway.
ROBERT SEARS , police-constable, 683 T Division. About 3.15 on March 23 I was with Constable Barnard, in plain clothes, in Glenthorne Road, Hammersmith, and saw Brigden carrying this parcel, tied up as now (produced). We followed him to Lammington Street. He went into No. 7, a bottle shop, kept by Holloway or his brother. We went into the shop, and this parcel was then on the scale being weighed by Holloway. He looked up and saw us, and picked it off the scale and went very quickly into the back room. I followed and asked him to come back into the shop. I told him I was a police officer. He came back to the shop, and in the presence of the other officer I asked him what he had in the parcel. He said, "I don't know." I asked him how much it weighed. He said, "I don't know." I examined the parcel and found it contained these two pieces of cable. I asked Brigden where he got it from. He said "I got it from Victoria Station, where I have been working." I then told him I should take him into custody. I took him to the station and Barnard took Holloway. At the station I said to Barnard."I will go and get this weighed." Holloway said, "It weighs 34 lb.," which I found was correct. He made no reply when charged. Brigden was charged with stealing and Holloway with receiving.
Cross-examined. I have known the shop for 12 years. I believe it is kept by the prisoner's brother. There has been no police complaint that I know of. It is a rag and bottle shop, where they buy all sorts of odds and ends. I believe the brother pays the rent of the shop and carries on the business, and lives there with his wife and family. Holloway says he is a bricklayer, but has not told me where he works. There were two women in the back room, one nursing a child, and an
elderly woman. I opened the parcel. Holloway did not say, "There is the weight of it on the scale."
CHARLES BARNARD , police-constable, 687 T. I was on duty with Sears, in plain clothes, when I saw Brigden carrying a parcel. We followed him into the shop. The parcel was in the scale. Holloway saw us, and picked it off the scale and went into the back room. Sears followed, and they both returned. Sears asked him what the parcel contained. He said, "I don't know." "How much does it weigh?" "I don't know." I took Holloway, and told him I should take him for receiving stuff well knowing it to be stolen. On the way he said, "I thought it contained lead."
Cross-examined. He did not say,"The man told me it was lead." The weights might have been on the scale.
JOSEPH ROBERTS . I am a joiner employed by the G. P. O. On March 23 Brigden and I were working at 116, Victoria Street. When we had finished I gave these two pieces of cable to Brigden. He had no authority to sell them. They are new cable which I was going to save for piecing.
(Evidence for the defence.)
ARTHUR JOHN HOLLOWAY (prisoner on oath). I am a bricklayer, and was apprenticed to George Warner. At the time of this occurrence I was lodging with my brother, and had been since my mother died three years ago and before. It is his business—my father died 17 years ago—I have nothing to do with the business. At about 2.45 on March 23 Brigden came into the shop, and my sister-in-law asked me to go out to see what he wanted. My brother was out on business. When I got into the shop the stuff had been put in the scale by Brigden. I said, "What have you got?" He said, "Some old stuff"—he did not say what sort. I weighed it, and was about to call my sister-in-law, when the police came in and asked me what I had got there. I had it half in my hand, and the end of it was on the scale. I said I didn't know what it was, nor did I—it was in a sack. They said, "Let us have a look at it." I put it on the counter and went to undo the string, and went away and left them to look at it. I had no reason to suppose that it was stolen. I never went into the kitchen with a quick step. I did not know they were police officers till they told me. I said going along that I thought it was lead. I go into the shop now and then when my sister-in-law is busy.
Cross-examined. Brigden was a stranger to me. I did not take it off the scale and take it into a room when the police came in. It is untrue. I did not think to unwrap it to see what it was. If I had seen it was two ends of cable I should have called my sister-in-law. I have only bought rags for my brother.
Re-examined. I should not buy on my own authority.
MARGARET HOLLOWAY . I am the wife of Thomas Holloway, prisoner's brother. He is tenant of 7, Lammington Street, which is a rag and bottle business. He has been there about two years. Brigden came in at the time in question. I was nursing my baby. My mother was with me. Prisoner was finishing his dinner. I asked him to see what the young man wanted. I serve in the absence of my husband. Prisoner had no authority to buy or sell without permission. I did not hear what took place. The two policemen came in while Brigden was there. I am positive my brother-in-law did not bring a parcel to me. He came in to get his top coat.
Cross-examined. He only helps me when my husband is away. He has only bought rags. We do not buy old metal—the prisoner knew that. The officer followed him to get his top coat. I never saw the parcel till I was at the West London Police Court. I saw it wrapped up in the shop, but did not know what it contained.
By the Jury. I had never seen Brigden before.
CATHERINE BURTON . I am the mother of last witness. I was in the back parlour when Brigden came into the shop, and prisoner went out to see him. My daughter was nursing the baby. I did not see or hear anything except that I saw the three gentlemen in the shop. The prisoner only came in for his top coat.
Cross-examined. I never saw the parcel except in court. I saw the first policeman take it off the scale and put it on the counter. I never went into the shop.
THOMAS HOLLOWAY . I am prisoner's brother and proprietor of the shop. The business has been in our family for 30 years. We have never had a charge made before. My brother may serve a customer with a few rags, but he has no right to buy or sell without consulting me or my wife. If he bought rags he would have to ask us how much he would have to pay. He has always borne a good character. He has worked for Warner as a bricklayer. We never buy metal. I should not buy the parcel without looking at it. It could not be mistaken for rags.
GEORGE WARNER . I am a bricklayer. Prisoner came to me eight years ago to learn bricklaying, and has worked for me on and off most of the time, and I have always known him to be an honest and respectable fellow. He was not working for me
on March 23, as we had nothing to do. I expect to be able to give him a job next week.
Cross-examined. I know he it living with his brother, because I live there myself.
JOSEPH ROBERTS (recalled). It was about one o'clock when Brigden had the two pieces of stuff to put on the barrow. I gave him another order to take some scrap lead to the stores, and then to come back, which would take him about threequarters of an hour. He did not return.
Verdict (Holloway), Not Guilty; Brigden sentenced to three months' imprisonment second division.
HOUGHTON, Charles Henry (40, salesman), and HOWARD, Hedley (otherwise Gays) (38, dealer), both conspiring and agreeing together to defraud of their moneys such divers persons as should apply to them in response to advertisements for persons seeking engagements in theatres and music-halls; both obtaining by false pretences from Violet Crossley and others various sums of money with intent to defraud; Houghton obtaining by false pretences from Polly Ribler £2 10s., with intent to defraud.
Mr. Charles Matthews, Mr. Arthur Gill, and Mr. Arnold Ward prosecuted; Mr. Roderick defended Howard.
POLLY RIBLER , 31, Sutton Street Commercial Road. I have had no experience of the stage. In December last I saw an advertisement in the "Daily Telegraph," and went to the address, 253, Waterloo Road, where I saw Houghton, who had written to me to call in answer to my letter. I said I should like to go on the stage, and referred to the advertisement which was for young ladies and gentlemen required for the stage. I asked him if I should do for the stage, and he said, "Yes." He did not ask me about my experience. I told him I had no experience, and he said, "That does not matter; I will give you lessons." He said I must pay a sum of £2 10s. down as a deposit, as I must have lessons, and it would give him a lot of trouble. I told ham I could not afford to pay £2 10s. then, and he told me I should get 30s. a week the second week I went on the stage, and that he would get me an engagement after the pantomimes were off. I told him he could take the money out of the first week's salary; he said he could not do that. He said he must have £2 10s. down, as some of the girls came to his place and had lessons and did not come again. He told me my first engagement was to be at the Shakespeare, Clapham Junction, and that I was to go into a sketch called "My Wife," in the character of a Russian Princess. He said the sketch would be produced two weeks after the pantomime was off. I came the next day and paid the £2 10s. I had a receipt, but have not got it now. He gave
me a part to learn. I gave it to him back. I could not tell whether it was the part of a Russian Princess. He told me if I went on the stage and did not like it in a week I would get my money returned. He did not give me any lessons what over. I went again two weeks after I paid my money. I told him I had learned my part and he told me to give it to him back. He said I was not to go to the Shakespeare as there was not going to be a sketch there; but I was to go to the Clapham Junction Grand Theatre in a weeks time as I had to start on a Monday, and he would send me to Mr. John Lawson, who was the manager. He gave me a letter to take to him. I went there, and was informed that Mr. Lawson was at Southern. I went back to Houghton, and he said John Lawson went away the same day; I was too late. He said he would try to give me another start, but I must wait a few days. He mentioned the Princes Theatre, Poplar. I went to him in a few days' time, and he told me I was not to go to the Princes Theatre, but I was to go to the Regent Theatre, Hackney (Seabright's). He gave me a part to learn. He said I would only have a few words to say. I got this letter on January 8: "Dear Madam,—You have no need to be at the Regent Theatre till 7.30. It will save waiting about, as you do not go on the stage till 8.15. Have you a dark dress you can bring? If not, any ordinary dress will do," etc. I went to the Regent Theatre, and saw Houghton at the stage door; he was waiting outside for me. He asked me to go in, and I went in with him, and he took me into the dressing-room, and asked me to wait a few minutes. It was 7.30 p.m. He said he would send in a maid, and I waited about five minutes, when he came in again and told me to follow him. I followed him, and he took me outside again, and told me he was very sorry that he had not got a dress to fit me, and he would try to get me a start next week. He told me a few words to say on the stage, and that I was to call the next morning at his place. I went with my sister, and asked Houghton to return me the money; I did not get it. He said he had had enough trouble with me and would not return it My sister asked for the money twice, and he said he would not return it, and she called him a swindler. He said, "Write it down "; she did not do so. We asked him again for the money; he said we could do what we liked. He would not return the money, so we went away.
Cross-examined by Houghton. You told me to learn this part throughout. I never had any lessons from you; you showed me how to walk on the stage. My sister and I had a row with the cabman. The first theatre was the Shakespeare. You do not speak a word of truth; the second place was Clapham Junction. I did not go to the side of the stage and talk
with two ladies in a foreign language. It is not true that I shouted, and that you had to take me into the street and tell me to call the next morning. I went to Madame Seear in Waterloo Road to be measured for a dress. I did not see the dress, and have never had it. I only saw the manager of Madame Seear. I did not go to your office and say I had made A mistake—that I intended to go to the Grand, Clapham Junction, and went to Clapton.
Cross-examined by Mr. Roderick. I do not know the other prisoner.
Re-examined. I went with another lady to Hackney. There was no row; nobody ever paid me anything.
HORACE PERCIVAL YOUNG . I live at 166, Lavender Hill, Clapham Junction, and am acting-manager at the Shakespeare, Clapham Junction, where I have been engaged for the last seven and a half years. We do not book the artistes; we book the company and they provide the artistes. Houghton had no authority from me at any time to engage anybody for the Shakespeare. We had no sketch of the title of "My Wife" to be produced at the theatre after the run of the pantomime. I had never seen Houghton. We do not book sketches. I first saw Houghton at Bow Street last Monday week.
ROBERT WILLIAM WESTRAY . I am managing clerk to Messrs. Henry Chapman and Co., surveyors and estate agents, of 2, Southampton Street, Strand. They act as agents for letting No. 62, Strand, and we let the third floor to the defendants, Houghton and Gays, on instructions from our client. We had no knowledge of the name of Howard at all. Gays said he was a live stock dealer and had a shop in the Waterloo Road, and dealt in dogs and reptiles and things of that description and fish. It was two rooms. The rent was £40 a year, and they paid one quarter in advance. They took possession on March 15 last. I believe the title "Dramatic Agents" was put up. I did not know Houghton.
Cross-examined by Mr. Roderick. I know Gays had a shop in the Waterloo Road, and carried on the business of a live-stock dealer. He gave very satisfactory references—one was a banker and the other a landlord, to whom he was paying £80 a year.
VIOLET CROSSLEY . I live at King's Cross. My attention was directed to an advertisement in the "Stage" newspaper of March 15. This advertisement was for ladies and gentlemen requiring engagements at theatres and music-halls in London and suburbs, and giving the address of 62, Strand. I called there on March 17 and saw Houghton, and told him I had called in answer to the advertisement in the "Stage." He asked me to write my name and address in a book, and told me I should have to pay a fee of £2 for the engagement, and
he could promise me one at the Palace Theatre, in Shaftesbury Avenue. He wanted 10s. to be paid at once. He said the dresses were valuable. He said I was to perform in a musical sketch, and engagement would be four weeks at the Palace and six weeks at West-End music-halls and touring, and the salary, would be 30s. a week. I had not got 10s. with me, but said I would pay 5s. to secure the position. He asked me if I would make it 4s. or 6s., as he preferred to take even money. I paid him 6s. He told me to take it to the secretary, as he was only a servant. I did so. The secretary was a woman. I had a written receipt.
(Friday, May 4.)
VIOLET CROSSLEY , further examined. An appointment was made on March 17 for me to pay the balance and receive my contract on Monday, the 19th. The same day I made inquiries at the Palace Theatre, and saw the assistant manager, Mr. Fitzroy Gardner, from whom I received certain information. When I kept the appointment Houghton described Gays to me as the governor. Houghton, in introducing me, said, "This is Miss Violet Crossley. She has paid a deposit and I have promised her an engagement in a sketch." Houghton asked me if I had brought the balance of the money, and I said I had, but before I paid it I should like to see my contract. He said it was not usual, but he would draw one up for me, and he directed Mr. Gays to do so. At the dictation of Houghton Gays filled up a printed form of contract like that produced, headed: "Empire Dramatic, Variety, and General Agency Company, 62, Strand, London, W. C.; managing director, Harry Gays; assistant manager, Charles Hy. Houghton. Bankers, London and County, Law Courts branch." Then it went on: "Memorandum of agreement made this——day of——190—"—the date was filled in—"between Violet Crossley of the one part and Percy Murray of the other, witnesseth that the said Percy Murray agrees to engage, and the said Violet Crossley agrees to accept engagement at a salary of 30s. per week for ten weeks, such engagement to be performed at London music halls." When "London music halls" was written in I asked him if he would mind naming the music halls, and he wrote, still at the dictation of Houghton,"the Palace, the Metropolitan, the Surrey, etc." When he had finished the contract I asked him if he would mind putting "Shaftesbury Avenue" after "Palace Theatre," as there was more than one Palace Theatre in London. Houghton said there was only one Palace Theatre in London, but Gays wrote it in. They were both there. I then signed my name and paid the balance of £1 14s. I laid the money on the desk and Gays took it up and
wrote the receipt produced. I do not think the date when the engagement was to commence was filled in. I was told the engagement was to commence on April 21, and the name of the sketch was given as "An Affair of Honour." After paying the money I thought the contract was mine, but was told by Mr. Houghton that it needed another signature, that of Mr. Percy Murray, the producer of the sketch. Houghton said he would post it to Mr. Murray and I should have it in due course. I have never received it. I called the next day and saw Houghton, who told me I must not expect the contract before Thursday, the 22nd, as Mr. Murray was away. On March 23 I called again and saw both Houghton and Gays. I told them I had not received the contract and I should like to know when I was going to have it. Houghton told me that Mr. Murray was still away. Gays was there all the time. Houghton then asked me if I had sent anyone down to the office on my behalf, and I told him no. He told me that two gentlemen had called at the office the day before, and he thought they had come on my behalf at my instigation. I told him I knew nothing at all about it. He said he felt confident they had come from me, and that if they had any more trouble of that kind the contract would be cancelled altogether. He did not offer to return the contract. He told me Mr. Murray was still away and I was not to worry, and if I liked to call at Mr. Murray's flat no doubt I should be satisfied. He gave me a letter of introduction to Mr. Murray and his address at No. 4 flat, 6, Exmouth Street. In the meantime, on the 20th, I had been to the police at Bow Street, having become suspicious, but I knew nothing of the visit of the police officers. On March 23 I called at 62, Strand, again accompanied by Mr. Fitzroy Gardner, assistant manager of the Palace Theatre. I saw Houghton only, I told him I had not received the contract, and he replied that Murray was still away. Mr. Gardner then said, "You have kept this lady quite long enough for her contract. I give you 24 hours to produce it. Mr. Gardner introduced himself as my uncle. On the 23rd I also called at Mr. Murray's flat, 6, Exmouth Street, but was told he was away.
Cross-examined by Houghton. Violet Crossley is my right name. I am aware that Violet Crossley is the name of a lady connected with Mr. Carson's Company.
Houghton: The cause of the delay in Mr. Murray sending the contract was that you had taken the name of a well-known actress?
Witness: It is my own name. Up to this time I had never heard of any other Miss Violet Crossley.
Cross-examined by Mr. Roderick. Houghton appeared to he the moving spirit of the agency. Gays took very little part in any negotiations.
Re-examined. Gays took the money.
JOHN WALTER EDGAR , manager of the Metropolitan Music Hall, Edgware Road. It is part of my duty to engage the artistes, and the whole of the contracts pass through my hands. I have no knowledge of the Empire Dramatic and Variety Agency Company. Neither Houghton nor Gays had authority to engage artistes for the Metropolitan."An Affair of Honour" was played there about three years ago by Percy Murray and Co. There was no arrangement for the reproduction of it or for the production of a sketch called "My Sweetheart." "My Sweetheart" is the name of a play in which Minnie Palmer appeared, but I know of no sketch of that name.
Cross-examined by Houghton. I believe in agents; respectable ones. I was myself an agent fifteen years ago; a bona-fide agent. I have never had anything to do with the London Pavilion.
PERCY MURRAY , actor and sketch proprietor. I knew Houghton five or six years ago, when he supplied me with some extra ladies at 5s. or 6s. a week. Gays I had never met prior to the month of April this year. About seven weeks ago Houghton wrote to me that he was opening up a new agency, and had some clients that he thought would suit me. I went round and saw Houghton, who introduced me to Gays as the proprietor, Houghton stating that he was manager or assistant in the business. Both of them, remained present during the interview. I told Houghton if he had a lady who would suit me he could send her down to Woolwich. Naturally I do not run after my own artistes; they have to come and see me. I also asked him if he had any choristers, as I was putting a musical show on here in town, and if my conductor found they were any good I would engage them, and I would hear them as soon as I came up to town. I was playing at Woolwich, in the first week "The Last Temptation," and in the second week "An Affair of Honour," but the sketch I am to produce is generally undetermined till I get to a place, the majority of my contracts being open, and I having fifteen sketches in my repertoire."An Affair of Honour" is a well-known sketch associated with my name, and I have played it over 1,000 times in London. The only connection I would have with the Palace, Shaftesbury Avenue, would be through Mr. Butt, and I have not communicated with him at all. Prisoners had at no time authority from me to engage people for the Palace, or the Metropolitan, or Surrey, either in "An Affair of Honour." "My Sweetheart," or any other sketch. Houghton wrote to me at Woolwich saying he had a lady who would suit me. I do not do my own correspondence. That is attended to by Mr. Clinton, a member of my company. No contract with Miss Crossley was submitted to me for signature, and I did
not know of the existence of any such contract. Prisonersbad no authority to make a definite engagement in my name with any artiste until I had teen and approved her. I had no business connection with the halls mentioned in the contract.
Cross-examined by Houghton. I admit writing the following letter to the Empire Dramatic Agency: "Please find me a lady to open Monday, March 19, on conditions named. (Signed) PERCY MURRAY, Sadler's Wells." I was rehearsing at Sadler's Wells before I went to Woolwich. I also wrote the following: Please find me chorus ladies and gentlemen, and arrange time to bear voices." The following letter is not in my handwriting, but it was probably dictated by me: "Theatre Royal, Woolwich.—Dear Houghton,—Re this lady you have got for me. It's absolutely impossible for me to see her at my flat, as I am staying at Woolwich. I am rehearsing at the above to-morrow morning at 12 o'clock (Friday), and shall be there until two If the lady is a lady and has oof, I can settle her at once. My private address in Woolwich is 13, Gough Street.—(Signed) PERCY MURRAY."
To the Recorder. I do not know the meaning of the expression about "oof," but I accept responsibility for the letter.
Further cross-examined by Houghton. I never took onethird of the commotions you received. I never received commission from anyone in my life. I agree that I told you to gat me some chorus girls, and hence the advertisement; but I never mentioned the Palace or any other theatre. If' Miss Crossley had come down to Woolwich I might have engaged her in "An affair of Honour"
Cross-examined by Mr. Roderick. If I had engaged her the contract would have been in the form produced. Miss Crossley would probably have had 30s. a week. A small part would probably have been found for her, and all costumes except shoes and stockings.
Re-examined. It was not at my suggestion that the condition was put in about the lady having "oof." If you pay 25s. a week to people in certain companies, you would anticipate that they would have a little income besides what they were receiving from you; bat that was not written by my instructions. Mr. Clinton may have made a mistake, and perhaps cannot always remember what I say to him. There was no money to be paid to me. I have never received money from any artiste.
At the request of the jury witness telegraphed to Mr. Clinton to secure his attendance.
FITZROY GARDNER , assistant manager, Palace Theatre, Shaftesbury Avenue. I received a visit on Saturday. March 17, from Miss Crossley, and on March 23. in the following week, went with her to the offices of the Empire Theatrical Agency
where I saw Houghton and told him I had come about this lady's contract to appear at the Palace Theatre. Houghton said he could not give the counterpart because it was in the possession of Mr. Percy Murray, who was playing at Woolwich. He asked Miss Crossley if she had been to see Mr. Percy Murray, and she replied that she had not been able to. He suggested that she should go to Woolwich to see him. I told him she ought to receive the counterpart without being put to the trouble of going to Woolwich to get it, seven miles off. I suggested he should have the contract reedy in 24 hours, and said I would call on the following day. I represented myself as a relative of the lady, as I had a reason for wishing him not to know I was manager of the Palace at that time. Prisoners had no authority from me or anyone connected with the Palace Theatre to engage artistes for the Palace. I had no idea that prisoners had engaged Miss Crossley for the Palace amongst other places. Next day I went to the office alone, and there saw both Houghton and Gays, who said they had not been able to obtain the contract, as Murray was still at Woolwich. There was no suggestion of a denial that the contract existed. I made it clear on each occasion that the contract was to perform at the Palace Theatre. I am not sure that I said Shaftesbury Avenue, but the Palace Theatre has only one meaning in the West End, though I believe there are "Palace" variety houses all over the place. Up to this time I did not know Mr. Percy Murray, nor had I heard of him to my knowledge, but one hears such a number of names. The production of "An Affair of Honour" or "My Sweetheart" had never been discussed by the Palace authorities.
Cross-examined by Houghton. When Miss Crossley called on me I sent to the "Stage" newspaper to obtain the advertisement in reply to which she went to the Empire Agency Offices. It did not mention a theatre. I took the trouble because Miss Crossley said she had been promised an engagement at the Palace Theatre. The booking is not done by Mr. Grayton now that Mr. Butt, the manager, is away. Mr. Grayton is a director. There was no reason why I should go to Woolwich.
NITA ALEXANDER , actress. On March 15 I saw an advertisement in the "Stage," and I called at the address mentioned and I saw Houghton and Gays. Houghton said the sketch was a musical comedy, which was to be produced at the Palace and the Metropolitan, and was in preparation, and asked me what I had been doing, and I told him. My engagement was to begin the first week after Easter. He wanted me to pay full commission, 30s., in advance, but I told him I never paid before I got an engagement. I asked him the name of the sketch, and he told me "My Sweetheart," which he said belonged to Williams and May Moody, names unknown to me
in the theatrical world. He wanted 5s. on account, and I said I had not got the money on me, but would see what I could do on the Friday. On the Friday I paid him 6s., for which I obtained a receipt. The engagement was to be for ten weeks, and I was to receive 30s. a week. He said that there were some parts going, and he would put me down for one. As I was rather keen on getting this part I thought I would pay him the 6s. on account of the commission. Houghton said, "Well, I do not take the money," and would I call in again in the evening and see Mr. Gays. I called again in the evening at 6.15, and saw both prisoners. Houghton said to Gays, "This is the lady I spoke to you about—about the sketch. There are some parts going, and I do not see why we should not give her one." Gays then said, "Yes; I do not see why not."I then said, "I will pay you 5s. on account," and they both said, "No, make it 6s.," which I did, and agreed to pay the balance, 15s. the first week and 10s. the following week. I asked,"When shall I hear about the sketch?" and Houghton said, "Well, do not be worried if you do not hear from us for about eight days; then you will come down and see the manager and sign your contract." That was the end. I have not seen the prisoners subsequently, and did not get an engagement I believed the business was a genuine one and that prisoners were in a position to engage me for a part in a sketch. I also believed that the sketch would be produced at the Palace and other theatres.
Cross-examined by Houghton. I said I had been with George Edwardes. That is now three years since. I could not swear to George Edwardes's signature to the letter produced because I had no contract with him. You did not say anything to me. about Percy Murray.
JOHN JAMES GRAHAM , student of music, 18, Warrington Crescent, Maida Vale. Examined by Mr. Matthews. About March 22 I saw the following advertisement in the "Stage ": "Wanted, 24 chorus ladies and gentlemen for leading WestEnd music hall and suburbs. Ten weeks' engagement Also ladies and gentlemen for dramatic parts. Call or address. Empire. Dramatic and Variety Agency Company, 62, Strand, London." I called at the address given on March 23 and saw Houghton, who said he did not think the engagement would be any use to me as the terms were so low, viz., 35s. I said so long as the engagement was in town I did not mind the salary. as I wished to stay in London to prosecute my studies in singing, told him I Wished a part with a song, and he gave me to understand he could secure this for me. He said later on he would take the first Week's salary as commission, and I agreed to that. He told me the sketch was being produced by
Charles Williams and would open at the Metropolitan alter Easter, and would also be taken to the Palace. The rehearsals were to commence in a week from the following Monday at the Bedford Head, Maiden Lane. He may possibly have given me the name of the sketch, but I cannot recall it. I told him I had not any money with me for the commission, and I should have to meet him again. He said he would require money in advance before any business was settled. An appointment was made either for March 29 or 30, but I went a day earlier than I had named. I then saw Houghton, and told him that inquiries I had made had proved unsatisfactory and that no sketch was to be produced at the Metropolitan. He told me the sketch had been booked there three months, and if I would bring the manager of the Metropolitan to him he would convince me of it. By way of further assuring me he told me he had paid his rent for the Strand offices six months in advance. He also spoke of bankers' references, and said if the contract were not genuine he would return my money. By way of frightening me he said the governor would be very annoyed by my making inquiries and the chances were I should lose the engagement through having done so. I had seen the governor (Gays) on the occasion of my first visit, but had had nothing to say to him. I returned to the office on the Friday (March 30) in accordance with the appointment I had made, and I saw Gays, who told me Houghton was out on business. I said I had been making inquiries and things were not satisfactory. I had then made, inquiries at the Bedford Head. Gays told me Houghton was Intimately acquainted with the man who was producing the sketch, and he would rather I should speak to Houghton, but he was perfectly assured the sketch was genuine. I waited some 20 minutes, and then made an appointment for the following day. I then saw both prisoners. I said I trusted the affair would turn out genuine, and that seemed to annoy Houghton a bit. He asked me if I was going to pay the commission or if I was not. I told him I would pay, and handed over the sum of 35s., and Gays made out this receipt: "Received the sum of £1 15s. for London engagements for parts.—R. GAYS." A document was written out which I signed. I next inquired about an interview with the gentleman who was producing the sketch, Mr. Williams, and they told me it was not Mr. Williams at all, but a Mr. Percy Murray, and from the way they said it they seemed to think it was something funny they had to tell me. and they said they Had given me the name of Williams simply to avoid inquiries being made. Not having heard of either Williams or Murray, it did not matter to me who produced it so long as I was engaged at 35s. a week. Gays said he would write to Murray and make an appointment for me to see him, and
notify me of the appointment as soon as he received it which would probably be the following Tuesday or Wednesday. Nothing further was said with regard to the sketch. No attempt was made to try my voice, which is a tenor. I was anxious to have an interview with the gentleman producing the sketch, because I knew nothing could be done until he had heard my voice. Although the result of my inquiries was unsatisfactory, I paid the money because I thought no person could possibly be so lacking in common sense as to try to cheat in the Strand on such a small scale. My suspicions were allayed to a certain extent when they said they aid not like people inquiring, and had paid their rent in advance. I asked Houghton. if he engaged artistes for singing solos, and he said he did, and that if I could sing fairly well, he could get me £5 or £6 a week. I believe on the first occasion he asked me if I had been with companies, and I told him I had, and that I had played the principal part on tour as singer. I heard nothing from Mr. Percy Murray, and I again went to the office on the Wednesday; but there was nobody there to grant me admission, and the place looked lonely.
Cross-examined by Houghton. Gays offered me my money back after I had paid it, but there was no force in that, because any person might offer money back. It was done purely as bluff. The money was on the counter, and I could have picked it up; but what is the use of paying money and taking it back the next minute? If I had the opportunity now I should take it back.
Houghton: We were arrested two days afterwards for not acting according to contract.
LILY HAMILTON , 51, Milman Street, Russell Square. On March 27 my attention was directed to the advertisement, and. with a friend, Florence Rocco, I wrote to the agency and received a reply signed by Gays asking us to call. We did so and saw both prisoners. Houghton said the piece was appearing at the Empire, the Palace, and all the leading music-halls of the West End. He said he wanted a deposit. I said I had not brought any money with me, as I did not know I should have to pay anything. He said the terms would be £10, and we were to pay £5 each, £1 down and £9 afterwards. He said we would get £10 or £12 a week as sisters with song and, dance, and his commission would be a week's salary. He did not exercise us in dancing or hear our voices. He said, "I see you have not had any experience. Leave yourselves in my hands, and I will bring you out." Having no experience he could not offer us more than £10 or £12 a week. I said, "I see you are genuine. I will leave myself entirely in your hands, with my friend, Miss Rocco." As beginners we had not hoped to get quite so much as that. He said, "You see
you are starting from the top of the tree at the leading theatres."Gays was present, but did not speak. I paid the sovereign on the 30th and Gays gave me a receipt for it. He showed me some letters and said, "You see I have just booked up some ladies for the Palace." Houghton said Gays was the proprietor, and asked him,"When shall we have these ladies for rehearsals?" Gays turned to Houghton and said, "We must find a room for these ladies for rehearsals." An appointment was made for the following Tuesday, when we were to bring two more sovereigns, but when we got to the place we found it in the hands of the detectives.
MINNIE SEARLE , 10, St. Francis Road, Erith. In consequence of an advertisement I saw on March 15; I called at 62, Strand, where I saw Houghton, who asked for two guineas for the dress. I told him I had not got it. He asked me if I had any money at all. I said, "Yes," and gave him 3s. deposit, and arranged to give him 12s. next day. He asked me about my experience, and I told him I had never been on before. I paid the 12s. next day to Gays, who gave me this receipt: "Received 15s., H. Gays." Houghton said I would do for a principal boy. My voice was not tried. I believed the statement that he could give me a part as principal boy. I went again on the following Tuesday, and Houghton showed me a telegram, and said I was to go from Liverpool Street by a something after four train, but I did not go. I after wards went to the "Hampton Court Palace," a public-house near the "Elephant and Castle," where I saw a Mr. Augguzzia. Houghton told me to go, and I understood I was to get on there. I thought the "Hampton Court Palace" would be a music-hall. I waited in the room, but nothing was done. I went back to Houghton and told him Augguzzia had asked me for some money, and that I had told him I had already paid, and Houghton said I had no business to talk money affairs over. I got no agreement of any kind.
Cross-examined by Houghton. There was a number of ladies rehearsing at the "Hampton Court Palace." You did not tell me to tell Mr. Augguzzia that he could have half the commission. You did not offer me an engagement to go to Cambridge with Mr. Lacey.
Houghton: You promised to see us on the Wednesday, and we were arrested on the Tuesday.
Witness: A good job too. Gays offered me my money bank, and I wish I had been wide enough to take it.
Agency at 62, Strand. I saw there the prisoner Gays, a young girl, and a boy, whom I subsequently found to be his son. I said to Gays,"Are you the proprietor?" Gays replied,"Yes, what can I do for you?" I said, "I have called to see what business you are doing here, as I understand you are engaging ladies for a sketch at the Palace Theatre." Gays said, "Yes, that is right; it is a sketch which is being brought out by Mr. Williams, and he won't be here till Friday. You had better see my manager, as he knows more about it than I do. He will be in this afternoon." I said, "You have been taking money from young ladies to get them on at the Palace?" He said, "Oh, I suppose you are a friend of Miss Crossley?" I said, "No." "Then," he said, "I suppose you have come here to get at the bottom of my pocket?" He then pulled out a cheque book, put it on the counter, and said, "I have plenty of money, and you can make inquiries at my bank, the London and County, Law Courts branch." Having satisfied myself I left. I made attempts to ascertain who this Mr. Williams was. I received a warrant for the arrest of prisoners on April 2, and next day again went to 62, Strand, with Sergeants Stephens and Wyborn. I said to Houghton,"Is your name Houghton?" and to Gays,"Is your name Gays?" and they both said "Yes." I said, "I am Inspector Drew from Bow Street, and have a warrant for your arrest." Gays said, "What for?" I said, "For obtaining money by false pretences." I then read the warrant charging them with obtaining 6s. from Miss Crossley. Gays said, "Nothing of the sort" Houghton said, "It is all straight away. We sent Miss Crossley to Mr. Murray at Woolwich, and Murray told me she had settled with him." On the way to the station Gays said, "Houghton, I am not at all alarmed," and Houghton said, "No, it is all straight." Houghton also said, "I am only the assistant manager." When the charge was read over to them at the police station they made no reply. I took possession of the papers at the office, amongst them this letter dated March 19: "Dear Murray,—I have sent you this lady, Violet Crossley, as arranged.—Yours truly, Empire Agency Company, H. G." Houghton described himself as a commission agent, and Gays as a dealer in birds and animals. I found at the office a large number of letters and a day-book containing the names of the young people who have given evidence, and a record of the receipt of money from them without dates. There is no entry of engagements having been found for them. There is the name and address of Miss Searle, and entry of the payment of her 15s., but it is all done in a very rough and illiterate sort of manner. There were no other books, and nothing indicative of business being done. There were letters both front amateurs and professionals relating to advertisements in the "Stage" and "Era." There
was one letter inquiring for artistes from the Alexandra Palace.
Cross-examined by Houghton. I deny that there were amongst the papers orders from regular agents and proprietors I have not exceeded my duty in this case in going to see Gays without permission. I do not usually ask permission for what I do in that respect. I did it with a view to preventing young women being sent away into the country, and, in my opinion, robbed and stranded with, perhaps, a worse fate. You have had every opportunity of seeing the papers taken from the office At any time you liked you could have had them at the prison. You yourself congratulated and thanked me for the courteous and fair manner in which I had behaved to you. I have not received sums of money for your arrest from the Press. My position in the Metropolitan Police would not permit me to receive sums of money under such circumstances. I have no power with the Press.
Cross-examined by Mr. Roderick. Gays is a dealer in reptiles, fishes, and animals in the Waterloo Road, or was at the commencement of these proceedings. His stock has since been sold, realising £15, and be owed £20.
Re-examined. There is no foundation for the suggestion that I have destroyed documents material to the case. I have not been able to find the contract spoken to by Miss Violet Crossley. There was a telegram from two young girls named Moore and Hewetson, whom prisoners had sent down to Dereham in Norfolk, saying: "Why send us here when not wanted, must wire our fares back. Stranded." It was in consequence of researches I had made that I paid the visit on the 21st, to prevent these girls being duped.
FRANCIS GERALD FROST , clerk, Law Courts Branch of the London and County Bank. I produce a certified copy of the account of the prisoner Gays. The account was opened February 5, 1906. On March 22 there is a payment to Chapman (in respect of rent) of £10 10s. 6d.
Prisoner HOUGHTON (not on oath). I have been in the business from a child, and the learned counsel was misled in saying I had had no experience. I have had more testimonials from music-hall artistes than any man in England. (Prisoner here read A long list of artistes by whom he said he had been employed.) I got "Little Tich" his first engagement at the Alhambra. and I introduced the Boxing Kangaroo at the Royal Aquarium, and I have also booked the leading artistes for Drury Lane, the Alhambra, the Empire, etc. I have testimonials from the late Mr. Hollingshead in his own handwriting; and from Lieutenant Walter Cole, who says, writing in 1894: "Dear Sir,—I have much pleasure in writing these few lines to testify to your capabilities as a Music Hall Agent, and thank you for the many engagements you have obtained for me during
my professional career; also for assisting me on several occasions to select suitable agents for my concert tour. Wishing you every success,—Yours faithfully, WALTER COLE." These are testimonials from all the stars which I should like to hand to the jury. A bye-law was passed by the London County Council last year that no dramatic agency should open business unless there was a proper waiting-room and clerks, and proper books kept. I was in low water owing to artistes not having paid their commission. I have got over £2,000 owing to me, hard-earned 10 per cent. commission, and having a wife and children, I went to work with Gays to open an agency in the Strand. We wrote to the County Council, and, as the official of the County Council was likely to come up at any moment, we kept a book with the names and addresses of these ladies and the money they paid. I am 40 years of age, and have 20 years' references, and I have never been locked up before. My wife and I are honest people. Three years ago we picked up a £5 note and took it to the Kennington Road Police Station and left it there to be claimed. I have been hunted down by the police.
(Evidence for Howard.)
Prisoner HOWARD (on oath) examined by Mr. Roderick: My real name is Henry Hedley Howard, but for the last 20 years I have traded in the name of Gays, which was my grandfather's and mother's name. I formerly carried on a gold fish business and breeding farm at Sunbury-on-Thames, and the pictures in the "Boy's Own Paper" (produced) are a correct representation of the breeding tanks. The establishment has been referred to in many illustrated journals. I have sent fish all over England, Ireland, Scotland, and Wales, and to New Zealand and New York. I also had a place in the Waterloo Bridge Road. I banked at one time with the London and SouthWestern Bank, and at another time with the Capital and Counties Bank. I have been treated shamefully by Inspector Drew, and sold up in consequence. I came into contact with Houghton four years ago. When I took 33, Waterloo Bridge Road, Houghton was living there. and I kept him on for a time as tenant of the upper rooms, I myself living at Sunbury, where I had lived for many years, paying 20s. in the £, too. Waterloo Road was an extension of the Sunbury business, and I added to it birds, parrots, animals, and things like that. Houghton lodged there for about 18 months, when I gave him notice, as I wanted the upper part of the premises myself. We parted on absolutely friendly terms. Seven or eight weeks ago
I met Houghton in the street. He was rather hard up. We had a chat, and he told me he was on the knuckle and had no fire or food at home. so I put my hand in my pocket, knowing he was a generous sort of man when he had money. and gave him 2s. He said, "Gays, why do not you have a shot at the dramatic agency business?" I said, "Is there any money in it?" He said, "Of course there is." "Well," I said."I am not doing very grand where I am. I am having a bad bit of luck one way and another. I will think the matter over." The same evening as I was walking over Waterloo Bridge I met Mr. Pedgrift, the manager of the "Era," and a customer of mine, and asked his advice. I thought that with a little bit of money a business could be built up, and that it would be worth the while of both of us. I knew that when Houghton had the money his principle was good, and on several occasions when he has been on the rocks I have advanced money to him and always had it back, and I wish to speak of the man as I have found him. I came to terms with Houghton that he was to have a small salary and commission. He said the other side of the water was no good, which I admit is not, as since we have had motor-'buses over the bridge trade has been absolutely ruined. We, therefore took the Strand premises and employed a girl clerk and my son, and I found the money to start the new company in accordance with the requirements of the London County Council. I paid a quarter's rent in advance and gave two references. Knowing nothing of the theatrical business, I left myself entirely in Houghton's hands as to the management. Whatever wrong was done was not done knowingly on my part, nor, I candidly and honestly believe, on Houghton's part. So far as I was concerned, I was not party to any fraud. It is not feasible that, having a place in Waterloo Road, I should go over to the Strand and open a bogus agency. How long would it last? I have been in business 20 years and have never been in trouble before. The passbooks were then examined. The account with the London and County Bank was opened by witness with a credit of £50 in February, and there had been several payments in against which he had made payments for rent, etc. We only received £6 2s. in commissions, and Houghton had between £12 and £13. He was on the rocks, and must have clothes and things to get about with to do business. Houghton has been in the agency business for 20 years, and has many letters from people like George Edwardes and surely that ought to be good enough. I believed in his ability to conduct the agency if money was found. I thought it would be a good thing for me and a good thing for himself an absolutely good living. As for taking anybody in, I would not take anybody in for a penny. We have had people up in the office like the Six Brothers Luck, Percy Murray, whom we have seen to-day, and people of that standing.
Cross-examined by Mr. Gill. I had previously to opening an account with the London and County, an account with the London and South-Western Bank, which was closed in November. I did not supply the article to the Boy's Own Paper," and know nothing about publishing newsp apers or books. The article came out in the "Penny Pictorial Magazine" some years ago, and has been reproduced. At Sunbury I had a small house from 1897 to 1903, for which I paid £25 a year for the fine three years, but the landlord, finding I was spending money on the property, was kind enough to shove me up another five quid a year, though he had had the place empty two or three years before I took it. I did not have merely holes dug in the garden for the goldfish, but properly constructed tanks, and tons of cement were used. In 1903 I sold myself up. I left one quarter's rent owing, and I meant to owe it, too, on account of the extra £5 rent. I got a bit of my own back there. It is very likely I have since used stationery describing myself as still having that fishery. In January of this year I inserted the following advertisement in the "Daily Telegraph ": "YOUNG MAN, married preferred, REQUIRED, to take sole charge of old-fashioned London business, through illness of proprietor, who is ordered to seaside. Salary 30s. week and commission, with rooms, gas, etc. £100 cash security required.—Address Hope, 33, Waterloo Bridge Road." A young man from the country turned up in due course, a Mr. Michael Mildon, from Devonshire. He came up to see if the business was likely to suit him. I did not tell him the place for breeding was at Sunbury. The question was not asked. There was stationery lying about describing my business as having warehouses and stores at 33, Commercial Buildings, Lambeth, and a breeding farm at Sunbury. Commercial Buildings is at the back of Waterloo Road. Mildon paid £25 on February 3, and the account was opened on February 5, but it was not all Mildon's money. Mildon said he was not prepared to deposit £100, but he would find £75. There was no agreement that the money should remain intact for a term of six months. On February 19 Mildon paid £40 into my account That £65 was paid as security, because Mildon was going to take charge of the place. An agreement was drawn up, under which Mildon agreed to deposit a sum of £75 as security for six months returnable at the end of the agreement should no fresh arrangement be made. Mildon has a bill for that money which is not payable before August. Mildon did not say he would rather the money should not remain in my hands, but would prefer it should be paid into the bank and remain there. He paid the money into my account himself, having first gone to bank and made inquiries to see if I was all right I agreed
that he should have a bill for the amount, and gave him a bill for £75 dated February 19, at six months, falling due on August 22. I consider it an honest thing to spend that money of Mr. Mildon's. I shall have to make the bill good when it becomes due. The money has gone in stock and different things required for the business. The cheque for £10 10s. 6d. for the Agency premises in the Strand has nothing to do with Mildon, nor with anybody else that I can see. The place in Waterloo Road was sold up because I was put in Brixton Prison. The books show that for the week ending March 31 the takings were: Monday, £1 8s. 5d.; Tuesday, 10s.; Wednesday, 5s. 2d.; Thursday, 17s. 8d.; Friday, 6s. 11d.; Saturday, 19s. 3d.; making a total turn-over for the week of £4 7s. 5d., out of which had to come all expenses and the salary of Mildon. The week before Mildon came the takings were £2 10s. 3d. If you look at another part of the book you will also find post orders amounting for the week to £5 5s. 6d., £7, £18 6s. 1d., £12 3s. 9d., £7 15s. 9d., and so on. Ours is a summer trade. The takings were something like £12 or £15 a week in the best months. The business in gold fish is a good paying business, but it will not do for me 10 state what the profits are in court. I received from Dr. Holland a sum of £250 as a partner. When the partnership was dissolved he left me hung up with the liabilities he ought to have paid. I do not know about that money being lost as he had so much a week out of the money. There was a lot of money laid out in fixtures and in building tanks. You cannot build a house without bricks and without paying for labour. Horace Edward John Ledger was a man who helped me in the business. I paid him somewhere about 30s. a week. He deposited. £100, which I spent. What do you think? Not on myself, but in the business. I have got the bill for his £100. I could not tell exactly what money I paid him, because the man who was acting for him, Llewellyn Dairs, got pinched for embezzling money of different clients. I will not swear that I repaid him £50, but it was more than £20. I could not tell whether he came in answer to an advertisement. Charles Frederick Skipworth was another servant, but that is going back years. Mildon did not complain that he had been defrauded. Nothing was ever mentioned to him about fisheries at Sunbury. This is a got-up affair, this is, another surprise packet. I told him I was going to sell the business because I was going to devote my whole time to the Empire Agency, because I thought there would be more money in that. I inserted the following advertisement on March 31: "CHANCE OF A LIFETIME.—A sure fortune to immediate purchaser.—TO BE SOLD, as a going concern, GAYS' ROYAL FISHERIES and AVIARIES, 33, Waterloo Bridge Road, London, through
proprietor retiring after 26 years' successful trading. This business is suitable for man and wife, or father and son. Proprietor will thoroughly put purchaser into the way of working the business—with a, few hundreds at command.—Call, or address Empire Agency, 62, Strand, London." The business was going, to be sold on the very day I was arrested. Anybody with working capital could have extended the business. That was what was wanted behind the thing. In the business of a naturalist you want £1,000 of stock to do any good. You have to keep things sometimes for months before you can get in any money. At the time of the arrest the March quarter was due; but we never thought of paying the rent for a month or six weeks afterwards. The landlord distrained when he found I was locked up, because the other silly devils had not enough brains or gumption to keep the thing going. I have heard the stock only fetched £15; but if you sell things under the hammer, it is, of course, not like selling things in the ordinary way. There were parrots sold for 15s., which cost 50s. wholesale. The following, which appeared on April 4, refers to the Waterloo Road business: "Exceptional opportunity to open in established London business for steady, active, young man open to invest about £200 cash. Salary £2 per week to start. With view to share. Six months' trial allowed. Call, or address Empire Agency, 62, Strand, London." I wanted somebody to take the business over, and to follow a man of the name of Edmunds. You can see that the advertisement is genuine enough, because it says "six months' triad allowed." Houghton was a servant of the Empire Agency. The arrangement with him was that he was to have £1 per week and 2 1/2 per cent. commission on the turnover. I do not suggest that I was in any way deceived by Houghton. We were only there nine days, and he had no chance of deceiving any body before we were arrested. God above knows what for. I believe if time had been allowed us we could have fulfilled every one of our engagements. I did not know Mr. Percy Murray before he came to the office and Houghton introduced him. It is not correct that in Miss Crossley's contract "Shaftesbury Avenue" was put in after "Palace." I demand the contract. The police have got it. If Inspector Drew cannot produce the contract he has done away with it, so help me God. Miss Crossley is not telling the truth when she says I put in "Shaftesbury Avenue" after "Palace Theatre." She is a liar; that is straight. The Metropolitan and the Surrey were put in, admitted. What became of this contract? This case won't finish here. It will get into the House of Commons before I have done with it. You (Inspector Drew) won't get your pension. Don't forget it. You ought to have retired a month ago. There were two contracts signed. One was sent to Mr. Perey Murray
for his signature and the other was kept in the office to file. The contract was posted to Mr. Murray at Woolwich. I cannot tell whether he got the contract or not. I know I posted it to him with a lot of other letters. Is Miss Jacobs, the lady clerk, in court, or is she kept out of the way by Detective Drew? You try to work up a bundle for me. I will have a bundle of my own."An Affair of Honour" was played at a music-hall at Woolwich. I went down to see it myself. The contract did not mention "An Affair of Honour" because, as Murray told you this morning, when he goes to a place he does not know what he is going to produce. Miss Crossley has been put up by the police and by the "Stage" people because they have a grudge against me. She could have gone down to Woolwich if she had wanted an engagement. She has only come here to show herself off. I believe I was present on March 19 when Miss Nita Alexander came. I cannot tell whether in her case the sketch was described as "My Sweetheart." I am not going to lie for you or anybody else. Miss Jacobs, the lady clerk, is about twenty, I think. I want her up here. Perhaps Drew can treat her to another pair of shoes.
The Recorder warned prisoner that if he went on like this he would have to stand down.
HOWARD. I should like scoundrels like them to place themselves in my position. What have I got to do if I am discharged here to-day? I have not a penny or a friend in the world. This is a nice state of things after 20 years. If I had been a foreigner it would have been a different matter. I am an Englishman by birth, and this is how I am treated by such a thing as him. I have not had a fair trial. They have raked up against me everything they possibly can, and even as regards my bail, I had people come up for bail. They stopped my bail and told the people not to stand bail for me in case I ran a way. Is that English? I challenge you on it now as you sit then. Why was bail refused when it was offered me? I have been kept in prison so that the facts should not be properly explained to the Judge and the jury. I challenge you on that. You cannot look a man in the face straight; but, mind you, you will have your turn yet. It has got to come. As regards the Palace being in the contract, I know nothing about the Palace. The Palace is only a got-up affair I can give an explanation as regards the use of the name Williams. Houghton told me to use the name so that people should not run after Murray and book their own engagements and do us out of our commission. That was the idea of that. It was an untrue statement, like Mr. Gardner calling himself Miss Crossley's uncle. What will his directors think of him? If he will tell one lie he will tell ten thousand. I have never any acknowledgment of the contract from Mr. Murray.
Miss Hamilton and Miss Rosco are telling the truth, and I take them as ladies. Of course, we could not get them £10 or £12 a week. It would have been madness to think of such a thing. I did not hear it said, but I will not pledge my oath I was not there at the time.
FRANK CLINTON , actor. I am secretary to Mr. Percy Murray. I wrote the letter produced in which reference is made to Miss Crossley having "oof" at the request of Mr. Murray, who told me what to say. I suppose it really meant that Murray wanted a premium with her. I cannot remember if he told me to use the word "oof," but I should probably not have used it otherwise.
(Saturday, May 5.)
ARTHUR FRANCIS EDWARDS , 24, Mann Street, Walworth, I am a book binder by trade, and served my time to that. When I am not engaged in bookbinding I work at aquarium making, a trade I taught myself, and through which I became acquainted with the prisoner Howard. I knew him before he went to Sunbury. I called three or four times at the Empire Agency. I recollect a gentleman calling one Friday with reference to an engagement. I had gone to see Mr. Howard, having nothing to do. He gave me 2s. to lay the linoleum in the two rooms. A young man (Mr. Graham) came up and said to Gays."I have not been used to paying my money like this after I have got an engagement. I have always been used to paying before I got an engagement; in fact, I prefer to do so," and he put his hand into his waistcoat pocket and said, "I will pay a sovereign now,"and several times asked Mr. Gays to take the sovereign; but Mr. Gays said, "You can pay me when you get your engagement."
Cross-examined. Houghton was not present on that occasion. Graham said he had been to the Metropolitan and asked for Mr. Williams, and they said they did not know Mr. Williams there. Gays said he did not know anything about it, and he would have to wait until Houghton came in; but when Houghton came in Graham had gone. Gays did not say anything about the sketch being perfectly genuine. I can swear that Graham wanted to pay Gays a sovereign because I never saw a man so anxious to part with a sovereign in my life.
WILLIAM GIPPS KENT , solicitor. I have known the prisoner Gays fifteen or sixteen years, and had business transaction, with him both before he went to Sunbury and afterwards. I have always found him a very straightforward man. He has certainly had monetary difficulties, but there has been nothing dishonest. I think he is more signed against than sinning. His general reputation is that of an honest, respectable, but struggling man.
Cross-examined. I know his affairs intimately. He never confided to me what took place between himself and Mr. Michael Mildon. I have heard the facts. I know that Michael Mildon was engaged by him in January last, and was called upon to find security for his honesty, and did in fact pay a sum of £65 or £70 into Gays' drawing account, not on deposit. I had nothing to do with drawing up the agreement. I see that in paragraph 4,"Mildon agrees to deposit £75 as security, which is returnable at the expiration of this agreement, the word "deposit" is used. A bill was given to Mildon as security for the money which was placed to the trading account. £65 was deposited in the bank, and the £10 was for interest on the use of the money. Mildon never paid the other £10. Gays gave an I. O. U. for the £10 by way of additional security. As the money was paid into the drawing account I do not consider it a dishonest thing for Gays to draw it out.
JOHN JAMES GRAHAM , recalled. I remember the occasion when I went to 62, Strand, after I had been making inquiries. I think it was March 28, the day when Houghton was said to be at the Alexandra Palace. I had inquired at the Bedford Head, and a friend of mine inquired at the Metropolitan. I saw Gays and asked for Mr. Houghton. I saw a man there laying some oilcloth, but I cannot swear it was the witness Edwards. because I did not take particular notice. I deny that I said I always paid my commissions in advance. Gays referred me to Mr. Houghton, not wishing to deal with me himself. Gays said the sketch was genuine. I did not press a sovereign on him. The receipt for the money I paid on 31st was written by Mr. Gays.
PERCY MURRAY , recalled. The majority of my letters were written by my secretary. I think Mr. Clinton may have spoken the truth when he says the letter about the lady having "oof "' was written from my dictation. I may have said it or he may have made a mistake. If a lady who comes to me is an amateur. I cannot pay her a salary equivalent to that of an artiste. I have been bred and born in this business. I should pay her a small salary, but the salary I should pay her would not be sufficient for her to live upon. Therefore she would have to have private means. The expression has no reference to demanding a premium.
Prisoner Howard then addressed the jury and offered to show letters he had received from different firms, but the jury were satisfied that he had done a business.
Verdict, Guilty against both prisoners.
Inspector DREW. Houghton has been doing some sort of business in theatrical and music-hall agency for the last twenty years, and I believe I am quite correct in saying that, during the whole of that period, although he may have done some
genuine business in between, he has made a practice of swindling stage-struck girls. In 1900 he obtained premiums from several persons in connection with a pantomime who were all left stranded at Dorking and got no wages whatever. Some short time ago he sent a company down to Wolverhampton and they were again stranded. In September, 1903, he obtained £163 from a Miss Dorey under pretence that he could bring her out as a leading star at the principal music-halls, and, as a fact, he did get her an engagement at 30s. a week at the South London. Then we have a complaint against him from a woman now in the workhouse upon a sworn information that she left her husband in order to go on the stage and called upon prisoner, who seduced her, and she had a child by him. With regard to Gays, he has been, as he says, in business for several years, and, as far back as 1894, he obtained £100 security. With regard to Sunbury, I went down and viewed the place myself. It was only a small cottage of six or seven rooms with a small back garden, in which five holes had been dug and cemented. He has brought accusations against me about Miss Jacobs. Miss Jacobs is only seventeen years old. Prisoner's wife has left him through his brutality, and he is living with this girl. I consider both prisoners dangerous characters for young girls to come into contact with.
Sentence, Each prisoner, Twelve months' hard labour.
LOMBARDIE, Leon (25, cook) , taking Josephine Odette July, an unmarried girl under the age of 18 years, out of the possession of and against the will of her father, with intent that she should be carnally known by him, the said Leon Lombardie.
Mr. Kershaw prosecuted.
JOSIPHINE ODETTE JULY (through an interpreter). I have been living with my father and mother at 47, Long Acre, for nearly two years. I have known the prisoner about a year. He has been lodging in my father's house about six months. He spoke to me about love three months ago. He said that he would ask my father for me in marriage. My father told me that he had asked him. I told the prisoner that my father had said that we should never be married together. Prisoner said that my father must have said that in a moment of temper. I remember the Tuesday before we went away. I had spoken to prisoner about going away before, but he would not. I said as my father would not allow the marriage it was preferable to go away, but he said "No." On the Tuesday I started the conversation about going away. I said that my father would not allow it we had better leave. Prisoner said he would not. He was very sorry that we had to leave, but as my father would not allow it we left together. On the Friday
I told prisoner. as we were leaving, he would have to leave the firm he was working at. He said, "Yes." From the moment that I said that I wanted to leave, then he followed me, but he did not go away with a good heart. On the Saturday my father sent me on an errand. We had arranged where we should go together, one day when I was in the kitchen—to go to Havre. I asked him if he would go to Havre, and he said "Yes." I knew prisoner had been there. He made inquiries about the trains on the one side and I did on the other, but as I spoke English better than he, it was I who informed myself about the trains. I made up a parcel of his clothes—I made two or three parcels, but I took as much as I could each time; only his clothes; I could not take any of mine as my mother would not have let me. Prisoner took the parcels away, as I could not go out when I wanted to. On the 31st prisoner left the house to go to work. I told him to do that, so as not to give any suspicion to my parents. I told him I should wait for him at Trafalgar Square. I met prisoner there. He had a box in his hand. My parents had given me some money, but I left it at home, as I did not wish to take the money of my parents with me. I had no money whatever. We left Trafalgar Square in a cab and drove to Waterloo Station. Prisoner must have paid for the cab. He took the tickets direct to Havre, and we went down by train to Southampton. I had told him we should have to change the name, and I had prepared the name in advance—Mr. and Mrs. Maurice. Prisoner said when I should be 21 years of age I should have money, and then he should come back and ask the consent of my father. I had not yet reached 17, but I told prisoner I was 17 years of age. I told him that when I first knew him—one or two months after I first knew him—before he spoke to me about love. He knew I was 17 years of age! I told him often. I had only a necessaire with me—a workbox. When we got to Havre I reckoned to work for myself and he for himself. I expected to take a place where I should have board and lodging. Those places are found in France; you are always lodged in France. I should have found work at once, and he also.
PRISONER. I have nothing to ask. She has spoken the truth.
On the suggestion of his lordship, Mr. Kershaw did not press for a conviction, and the jury returned a verdict of Not guilty.
Mr. Arthur Hutton and Mr. W. Fordham prosecuted.
(Friday, May 4.)
Verdict. Guilty. Convictions proved: January 26, 1886, at York Assizes. for criminally knowing a girl under the age of
13, eight years' penal servitude; September 9, 1892, five years' penal servitude for rape; 12 months' hard labour at Maidstone Quarter Sessions in 1903; and four summary convictions for brothel keeping. Sentence, 12 months' hard labour.
THIRD COURT; Thursday, May 3.
(Before Judge Lumley Smith.)
Mr. Ormsby prosecuted. Mr. E. P. S. Counsel defended.
WILLIAM ALEFOUNDER . I am a labourer, and on April 3 was living at Vauxhall Chambers, Wandsworth Road. Between five o'clock and 5.30 I went to Vauxhall, Chambers, and as I was going down the bottom of the stairs I met the prisoner, who argued about money matters. I told him I knew nothing about it. He aimed two blows at my chest, which I guarded off, and the third blow he stabbed me in the left groin with a white-handled penknife. I went to Nine Elms and told the constable on duty, and brought him back with me. I went into the Chambers, found the prisoner lying on a form, with his cap over his eyes, and I charged him with stabbing me. In ten days the wound was well. I saw him searched, and recognised the knife which he stabbed me with. Knife produced is the knife used.
Cross-examined. I had seen prisoner before, but did not know him personally. I never spoke to him before, nor did he speak to me till that night. When he argued the point with me about the money matters was the first time he spoke to me. I was in the sixpenny kitchen. I do not know what kitchen prisoner used, but it was not the sixpenny. I will swear it was a white-handled knife in his hand, for he opened his hand like that directly he stabbed me. The man was sober, not in drink. I saw that penknife in his hand. I had no quarrel with him before, nor he with me. The man who struck me was not in drink. There was no reason for his striking me. I had nothing against the man. A man had lost some money the Saturday previously, and that is what he was arguing with me about; he accused me of stealing it Then he struck me three blows. I did not see him take the knife out of his pocket. It was found at the station; I cannot tell in which pocket. When I gave him in charge I did not tell the policeman he had done it with a white-handled knife. It was in the police-station I first recognised the knife. When I brought the constable in I told him that was the man who stabbed me.
WILLIAM WILKINSON (police-constable, 16 W R). I was on duty about 5.30 on Tuesday, April 3, at Wandsworth Road. Prosecutor came to me, and I went with him to Vauxhall Chambers. I found prisoner lying on a form in the kitchen with a cap over his eyes. Prosecutor pointed him out, saying,"This is the man who stabbed me." Prisoner replied,"I know nothing about it." He had been drinking, and at the police station he handed me this knife. He brought it out of his right hand trousers pocket. He was what they call "freshy."
Cross-examined. This is the knife the prisoner produced, the only one he had. I did not ask why prosecutor did not get the man who stabbed him held by others. He was a stranger to common lodging-houses. There were no blood stains on the knife.
DR A. DORIN (divisional surgeon, at Clapham). I was at Clapham Police Station on April 3, and saw Alefounder there. I examined him. He was suffering from a clean punctured wound in the left groin. There was a corresponding cut in his trousers, and two shirts and vest. The wounds could have been caused by such a knife as that produced. I dressed the wounds, and on April 11 they had nearly healed up.
Cross-examined. The length of the large blade is 11/4 inch to 1 1/2. The knife was clean when I saw it.
To Mr. Ormsby. If it had been stained with blood, it could have been easily wiped off.
To the Court. Coming back through the shirt and trousers would have cleaned it; it had only penetrated about a quarter of an inch.
A. WARNE (police inspector, W Division). I was on duty on April 3 at Clapham Station and entered the charge against prisoner. He made two statements, which I put down in my pocket-book at the time."This man said that some money had been lost, and I would be a likely man to have this money. As I came down the stairs he threatened to strike me, and I slipped out of the way. This man had been quarrelling all the afternoon about money matters. For the last two or three days there has been upwards of £4 or £5 lost. I was going up the stairs yesterday at half past one and a man accused me of stealing 39s. I told him I knew nothing at all about it. When I came in this evening there were two men in the wash-house, and they told me I was having a fine jollification—that is all I know." By "this man" he meant the prosecutor.
(Evidence for the defence.)
I obtained drink. I belong to the fivepenny kitchen. I was coming down the stairs at half past four that afternoon. Prosecutor and two other men were standing, and I slipped away and went into the washhouse and laid down there for an hour. I only took tea and sugar, which I had in my pocket. I prepared a cup of tea in the kitchen, and I gave another man a cup. His name was Charlie. After I took the tea I laid down and put a drop of tea alongside of me. The tea was by me when the constable came in. I did not strike prosecutor at all or any person. I quarrelled with nobody. I took the knife produced out of my waistcoat pocket at the police station and gave it to the constable himself. It is the only knife I had. It is false that I struck Alefounder three times, and that the third time he felt himself stabbed. I did not strike at him with my fist or with a knife. I did not wrangle with him at all, nor did I accuse him of taking any money of mine, or of any friend of mine. I did not know him before. After I took my tea I did not hear a cry that a man had been stabbed. I was laying on the bench. I had been there an hour and a quarter when the constable came.
Cross-examined. I did not have any conversation with Alefounder. He did not accuse me of stealing, the money. I did not say to the officer,"This man said some money has been lost, and I would be a likely man to have the money." The inspector has got that wrong. The words I said were,"Have you got any suspicion upon me for that money?" and he said, "No." The inspector if he has that down is liable to make a mistake. I made the tea before I went to sleep, directly I went into the kitchen. The boiling water was there, and the teapot was on the table. There had been some difficulty about money being lost in that lodging-house. Alefounder struck at me over somebody else's shoulder. There were three of them standing to wash, and he struck at me. I do not know why he struck at me; there was no reason whatever. I had not spoken to him before. I did not know he had any idea that I had any of the money or was associated in it.
CHARLES SMITH , 9. Lewisham Street, Westminster, labourer. I was formerly in the Royal Artillery, and am now a pensioner. I met Delurey in Wandsworth Road on April 3, and I had several drinks with him. I did not take dinner with him; it was after dinner we had drink. I went with him to the lodging-house. After drinking. I suggested to him we should go to the lodging-house. We had quite sufficient drink. I could see we had had enough. At the lodging-house there was Delurey and another man, Charles Leach. Delurey sat beside me and the other man, and Delurey went to sleep. Before he went to sleep I did not see him prepare a cup of tea. There was some tea going on. Charles Leach gave a cup of
tea to Delurey, and Delurey sat on the form in front of the table with his back to the fire and went to sleep. Then the police-constable came in. He asked if anybody knew about the stabbing. I up and spoke that I did. I did not tell him about the man drinking with me. He said, "Does anybody know anything about this man?" I said I did; that the man came straight down with me. He had been with me all the day. I brought him in myself, thinking we had all had enough. Delurey did not strike at anybody in the lodging-house to my knowledge. I had him in sight. It was my business to fetch him in. I thought we had had quite sufficient. I said."Come inside, and we will have a bit of a rest and we will be all right." We had been sitting down about half an hour. I should say, or an hour, taking it all through, and in walks the police-constable and the lodging-house keeper and the man who had been struck and a young lad. The young lad was supposed to see the man who did the striking, and he knew nothing about it The policeman said, "Does anybody else know about this?" I said I did, that the man came in with me.
Cross-examined. I had been in the lodging-house before the constable came in, roughly, about an hour, sitting in this kitchen, and Delurey was lying on the bench. I was in the room all the time. I did not leave that room from the time we got in till the constable came there. I did not hear any outcry about anybody being stabbed; it surprised me. I have left the lodging-house ever since. The lad who came in with Alefounder and the constable did not know the man. With that Mr. King woke up Delurey out of his sleep and said, "Is this the man?" in a rough way, and the man that was stabbed said."Well, that is the man." The lad did not know anything about it, and the constable asked if anybody there knew anything about it. It is not true, as the constable has sworn, that when he came in Alefounder pointed the prisoner out to him laying on a bench and said, "That is the man." After all the affair was finished the constable walked away. but Mr. King woke Delurey up and said, "Is this the man?" This man said, "Yes, that is the man," because he could not see anybody else, that is all I can put it down to.
CHARLES LEACH , 89, Wandsworth Road, flower seller. I know the prisoner and I know Charles Smith, the last witness. I met them on April 3, and we went to the lodging-house together late in the afternoon. I was there when the prisoner was arrested. I could not say how long before the arrest it was when we returned to the house. and I only just woke up as they came in. I was in drink at the time. and had been to sleep. The noise in the kitchen woke me up. I was in the fivepenny kitchen with Delurey. I had a cup of tea with him. and after that I went to sleep. I did not hear Delurey asked
whether he had done it. I was in drink at the time myself, and Delurey had taken as much drink as he could stand. [To the Judge: I did not see anybody hit anybody.]
WILLIAM WILKINSON (police-constable, 16 W R), recalled. I did not see any tea. I arrested prisoner in the kitchen when he was sleeping on the form, and there were thirteen or fourteen other people present I could not say that I did see Smith there. I could not say whether he was there or was not I asked if anybody knew anything about the stabbing case, and they all replied. Nothing."Nobody said that the man had been with him that day. I did not hear that. I did not see a cup of tea on the table. There were not cups about on the form where he was lying, I am perfectly sure. He was lying on the bench in the corner of the kitchen. I should certainly have seen any cups on the table when he. got off the form. I have no note of it. Alefounder and the deputy went in with me. The boy came in afterwards. I do not know the boy's name. Alefounder said, "This boy knows something about it." The boy said he did not know anything whatever. I asked them all in the kitchen whether they knew anything about the stabbing, and most of them replied,"We know nothing whatever about it." The deputy was upstairs asleep, and knew nothing at all about it.
To Mr. Ormsby. I woke the prisoner up with my foot. King, the deputy, was there, but he did not wake him up. King did not say anything whatever. He did not suggest that the prosecutor did it. When I shook the prisoner up the prosecutor said, "This is the man that has stabbed me."
To the Court. Alefounder told me that the boy knew about it; he knew nothing at all about it.
Verdict, Not guilty.
COHEN, John Maurice (42, diamond setter) , having been entrusted with two rings and one watch by George Evans for the purpose of pawning the same, did fraudulently convert the proceeds thereof to his own use and benefit.
Mr. Francis Watt appeared for the prosecution.
GEORGE EVANS , 69, Cloudsley Road. Islington, farrier. On Saturday evening, March 24, I was in Goswell Road in a public-house. Prisoner was there; I have known him for a long time. I gave him some money to buy some jewellery. That is the jewellery I charge him with stealing. It was my property. We both bought it; he bought it with my money for me. I lent him money to buy it. It was a gold watch, a diamond ring, and a
signet ring. He bought it of a friend of his in the public-house. I do not know the name of the friend, and I have not seen him since. I asked Cohen to pawn them or sell them, and he said he would. He said he would bring them back or the money in the public-house where I left him. I never did get them. On the next Tuesday I informed the police. I have never seen the articles since.
To the Prisoner. You bought a watch and ring of the man in the public-house and I paid for them. You borrowed 30s. from me to pay for the things. We went from there to the City and you bought a bracelet for 2s. 6d. and a diamond ring. for £1 5s. (The receipt for the diamond ring was produced.) Romaine is where we bought the diamond ring; the other two were bought in the public-house.
To Mr. Watt. I cannot explain how it is that the name is Cohen's and not mine on the receipt.
To the Prisoner. You bought the bracelet for 2s. 6d. and we pawned it for 10s. You gave me my profit out of that.
JAMES SMITH (retired police sergeant). I remember Tuesday, March 29. On the 25th I got information from the prosecutor of a ring and watch not being returned by Cohen. I made some inquiries, and found out where Cohen was living. On the 29th I saw him and told him that I should take him to the police station for stealing two rings and a watch. He said, "The things are mine." I took him to the station and he was charged. He asked me if he might ask the prosecutor a question, and that he was not allowed to do.
The judge ruled that there was no case made out, and directed the jury to find a verdict of Not guilty.
BATES, William E. (18, hawker); burglary in the dwelling house of John William Rich, and stealing therein certain articles, his goods; feloniously wounding Julia Ingate, with intent to do her grievous bodily harm and intent to prevent his lawful arrest.
Mr. J. F. Vesey Fitzgerald prosecuted.
JULIA INGATE , domestic servant, in the employ of Mrs. Rich, Elmcroft, Gildersfield Road. Early in the morning of April 6, on coming down, I found the kitchen in great disorder. When I saw the kitchen window open I knew someone must have been in, and I met prisoner in the hall. He hit me with the poker on the had and I fell. I was getting up again and was going to tell my master and he hit me again on the head. He rushed me into the scullery by my hair and jumped on me. I rushed upstairs as my mistress rushed down. I did not see prisoner after I ran upstairs. He had a poker in his hand. The poker produced is the poker he hit me with.
awakened by screams and I ran downstairs. The maid passed me and ran upstairs. At the foot of the stairs, this man was concealed with the poker and he struck me on the forehead. I do not remember where he went, or anything after that. I did not see him strike the servant.
J.W. RICH. Early in the morning of April 6 I heard screams. I found my wife downstairs and found she had been struck on the head. The servant came past me at I was coming downstairs. I saw prisoner about ten minutes after the affair happened in the garden. He had then given himself up.
HAROLD LEFEAUX . I live next door to Elmcroft. At 6.30 on April 6 I heard screams. I jumped out of bed and went to find the cause. I found Mr. Rich standing on the doormat blowing a whistle and Mrs. Rich on the staircase with blood streaming down. I did not see prisoner at the time; I saw him three-quarters of an hour afterwards at the back of my garden in an empty house. He spoke to me. He said, "I am the man who broke into that house." I said, "Are you the man who struck the lady?" He said, "Yes, I will give in." Then I said, "If you will give in, put your hands up." He put his hands up. Then he said, "I want my boots," so I asked him where his boots were. He said, "They are over your fence." I then gave notice to the police and came back. Prisoner stood on the top of the fence.
CHARLES WRIGHT (police-constable, 285, W Division). On April 6 I was on duty in Streatham. I saw Mr. Rich, who said a man had broken into his house and assaulted his servant and his wife. I saw the servant; she was covered with blood, also Mrs. Rich. Prisoner was in the garden, and I arrested him as he was coming over the fence. He said, "I am the man you want." I took him into custody and took him to the station. At the station he said, "I broke in at two o'clock in the morning." I searched prisoner, and on him I found this tea-cloth produced) and some bread.
Dr. LEWIS EDWARD STAMM (deputy divisional surgeon). A constable came for me to go to the station, and there I saw Mrs. Rich and the maid. She was suffering from two wounds on the head—one on the forehead over the right eyebrow, and the other on the left side at the back of the head. They were both about an inch long. The posterior one was rather longer than the one in front. They were deep wounds. Two stitches were wanted on the back of the head, and one in the front. There was also a grazing of the left ear and some abrasions of the skin on the arms. The wounds had rough edges, and such as might have been inflicted by the poker produced. In a week the wounds healed. They were hard blows.
Verdict, Guilty. The police proved previous convictions
against the prisoner. Sentence, Six months' hard labour for the burglary and 12 months' hard labour for wounding, both to run concurrently.
Mr. Heddon prosecuted; Mr. Francis Watt defended.
JOHN THOMAS EDMONDS . 65, Romney Street, Westminster. I am 87. of no occupation. My bedroom, is on the top floor. there is only one other room on the top floor. On April 16 when I went to bed my money was safe. I had £2 1s. I had my waistcoat on before I undressed. I had two sovereigns In it in a, red bag which I had from the Maunday. I put my waistcoat under my pillow, and on the following morning my son brought me my breakfast and placed it outside my door. I did not rise directly, and my door was burst open and prisoner came in. She lived in the front room. She brought my breakfast. She said, "Dad, here is your breakfast which your son brought upstairs." Then my granddaughter came up and I gave her the mug, and after that prisoner came into my room with a cup of tea. After I had the cup of tea I recollected no more. I dropped off to sleep. When I woke up I looked for the waistcoat. I looked into the pocket for my purses. I found the purses, but the two sovereigns were gone. After that prisoner came into my room and said, "Dad, your daughterin-law has come home, and she wants to see you downstairs." I dressed myself, and fastened my door and went downstairs. Then I felt a thump on my head. I said, "Hallo, who is that?" Mrs. Hill, on the second floor, came out and said, "Dad, what is the matter?" I said, "I have been hit on the head." She went downstairs and found my grandson, and he went to my room.
Cross-examined. This was my Maunday money, and the two pounds was part of the money. It is given to me in a bag. I have not taken it out since that time. It is given to me to get under-clothing for the winter. I did not take out the bag the night before. I placed it in the bag and tied it up, and it was there the night before. I always kept it in the same pocket since I got it. Prisoner had never been in my room before.
JOHN THOMAS EDMONDS , jun., carman, 65, Romney Street. I live with my grandfather in the same house. At half-pest ten on the 17th Mrs. Hill spoke to me, and I ran upstairs to the top of the house, and saw my grandfather bleeding from the head. I looked into his room to see if there was anybody there, and finding nobody, I went to Mrs. O'Rourke's room. Mrs. O'Rourke said, "You cannot come in here." Within about ten seconds she opened the door, and asked what was the matter. I said, "Haven't you heard my grandfather has
been struck on the head?" She said, "I have not heard anything about it." I said, "It seems very funny with my grandfather bleeding here." She said, "You can search my room, if you like." There was nobody else there but prisoner.
Cross-examined. There were four stories in the house with the basement, and each floor is occupied by a different family. When I was told about my grandfather being struck I did not know that he had been robbed. He told me he had been robbed. I knew he had this money, but I did not know where he kept it. I did not see the Maunday bag until after the occurrence. My grandfather had been a pensioner for 17 years. It is not given in special coins distinguishable from other coins. There is very little furniture in the prisoner's room—a bed, table, and two chairs is all. I did not notice a poker there, but I know it is supplied with a furnished room.
EMILY HILL , 65, Romney Street. I live on the third floor immediately under the prosecutor. At half-past ten on the 17th I heard a rumble on the stairs. I opened my room door and I saw the old gentleman standing on the staircase. He was moving his stick backwards and forwards in front of him. I fetched the last witness and went back to my room. I saw prisoner five minutes afterwards on the staircase. I went out for the remainder of the day.
Cross-examined. When I saw prosecutor he was looking up the staircase. Afterwards prisoner asked me to come in to see her get ready to have a footbath. There is very little furniture in the room. I did not see a poker.
To Mr. Heddon. I had not heard anything about prisoner being charged with this when she asked me to go into her room. She asked me to certify she was going to have a footbath. Up to this I did not know anything about her being charged with this offence.
Cross-examined. He told me he did not want the tea. He did not say that prisoner had been in the room that day. I did not know anything about my grandfather having money. He did not tell me he had been robbed. I saw him after he was dressed when he was coming down' he was dressed in his clothes as usual.
Dr. REGINALD PUTTICK , medical practitioner at the Westminster Hospital. I saw prosecutor about a quarter to five on April 17. He was suffering from three wounds on the skull and a wound in the left hand. His head was covered with blood, and his hair was all matted together. I think the wounds might have been caused by a blunt instrument, as a poker or the back of a brush.
Cross-examined. I have been shown a poker this afternoon that I think might have caused it. (Poker produced.) Theblows were inflicted by a fair force, not a very great forceThe wounds were superficial, they did not extend to the skull.
To Mr. Heddon. I think a woman such as the prisoner would be strong enough to produce the wound.
JOHN WEST (detective-sergeant, A Division). On April 17, about eight in the evening, a complaint was made to me, and I went to 65, Romney Street, Westminster. In the front room on the top floor I saw prisoner. I said, "I am a police officer making inquiries about a man named Edmonds, who said he was robbed of £2 1s. in the next room, and also that he wasstruck from behind." I said, "I am going to ask you a few questions." I said, "Do you know anything about this matter?" She said, "No, I do not. I have not been out of my room." I said, "Mr. Edmonds says that you took him a cup of tea into his room this morning." She said, "No; I have not been in his room," and after making further inquiry I said to prisoner,"I am going to take you into custody. I find (from inquiry you are the only person at the top of the house, and I am going to take you into custody for stealing £2 1s. belonging to Mr. Edmonds, and you may be further charged with assault." She said, "I did not do it." I saw a poker in the fire grate. This is the poker. (Produced.) This hand brush (produced) was in a little cupboard by the side of the fire grate. On the way to the station she said, "Do you think I am guilty? Do you think I should do such a thing?"
(Evidence for the defence.)
MARGARET O'ROURKE (prisoner, on oath). I lived at the time of this occurrence at 65, Romney Street, Westminster. I had nothing whatever to do either with the assault or the robbery. I never went into prosecutor's room. His own children who brought up his breakfast, until he opened the door, could never get into the room. I never bore any malice against him or any bad feeling. His own son could never get in to take his breakfast until he opened the door himself. I heard something about the Maunday money, but I never saw it. I remember his son coming up to my room. I said, "Who is there?" He said, "I am, my grandfather has been struck." With that I slipped on my dressing-gown. He did not come into the room, but stood at the door. He wanted to see everything in the room. I never moved out of the room the whole day.
Cross-examined. There was no bad feeling between me and the prosecutor. It is a great mistake to say that I went into his room that morning three times. I did not know there was
any suspicion attached to me until the police officers came about half-past seven. I heard Mrs. Hill give her evidence. I said to Mrs. Hill,"I am not very well, will you come upstairs?" She felt faint with the upset I cannot say whether or not I asked her to come and certify that I was having a. footbath.
To Mr. Watt. I did not use the word certify. I was not very well. I said, "Would you just come upstairs?" I wanted to have somebody of my own sex in case I was worse.
The Judge ruled that there was not enough evidence to convict, and directed the jury to find a verdict of Not guilty, and also to find a verdict of Not guilty on another indictment for assault.
OLD COURT; Thursday, May 3.
(Before Mr. Recorder.)
Mr. R. D. Muir prosecuted; Mr. George Elliott and Mr. Rudolf Moritz defended.
Mr. Muir said the charge was that defendant had sent a series of libels upon postcards to prosecutrix. housekeeper to a gentleman in the West End, charging her with cruelty and misconduct in regard to her care of the underservants, thereby causing her annoyance. She made inquiries of the defendant's employer, with whom he had been for some two and A half years, and of his book-keepers, who stated their belief that the cards were in the handwriting of the defendant, who was accordingly proceeded against, his defence being that he never wrote them, and had nothing to do with the writing of them. in an affidavit filed in support of an application to postpone the trial, defendant stated that he would be in a position to call a gentleman of position to prove that the postcards were not in his handwriting. The motive for the libel being of the slightest, it was rather beating the air to continue the prosecution. Since the defendant had been up for trial, the Post Office authorities had taken steps to prevent the delivery of any such postcards. He accordingly asked that, defendant might be discharged.
A jury was thereupon sworn, and by direction of the Recorder returned a verdict of Not guilty, and the Recorder expressed regret that defendant should have suffered inconvenience.
NEW COURT; Friday, May 4.
(Before the Common Serjeant.)
Mr. G. L. Hardy prosecuted.
EDWIN JOHN TAPE , 28, Blackman Street, New North Road, checking clerk at Pickford's, Limited. On April 13 last, at about 8.40 p.m., I was in Cropley Street, New North Road, outside the "Shaftesbury Arms," when prisoner came against me. dived under my waistcoat, and took my watch and chain. I got hold of prisoner, when one of his confederates struck me in the face. Prisoner ran into the "Shaftesbury Arms," I got jammed against the door and was hustled; prisoner ran away into the street. The chain is brass, and worth about 3d., but the watch I value at 30s.
Cross-examined. I lost my watch in Cropley Street, just at the corner between Cropley Street and Charles Street.
EDWARD ASHTON , 32, Grange Street. I am 16 year of age. On April 13 I was in Cropley Street when I heard a cry of "Stop thief." I saw prisoner's mate hit the prosecutor two or three times in the face, and knocked him against the door of the "Shaftesbury Arms" As his mate did that prisoner grabbed prosecutor's watch and ran into the public-house. Prosecutor followed him in, and as prosecutor was going in at the door prisoner and his mate ran out. I caught hold of him, he lifted me off the ground, and I caught hold of his cap. The constable caught him, and I gave the cap to the constable. Prisoner and his mate ran up Shaftesbury Street. I lost sight of the other one, but I kept my eye on the one who had the watch.
GEORGE THOMPSON , 2, Shepperton Street. I am 13 years old. On April 13 I was with the last witness in Cropley Street. I saw prosecutor standing outside the public-house and he had his watch snatched by prisoner, who ran into the public-house. Prosecutor followed, upon which prisoner ran out, and, as he came out, hit prosecutor on the nose and ran up Shaftesbury Street. I and my mate and a crowd of people ran after them and the policeman caught prisoner.
Verdict, Guilty of robbery without violence. Three previous convictions were proved of stealing and attempting to steal. Sentence, Three years' penal servitude.
JACOBS, William Thomas (26, painter) ; assaulting, with intent to commit an unnatural crime with Deric Goodhall, a male person; committing an act of gross indecency on and indecently assaulting the said Deric Goodhall.
Mr. Arthur Hutton prosecuted. Mr. George Elliott defended.
Verdict, Guilty. A previous conviction proved on September 19, 1902, for larceny. Sentence, Twelve months' hard labour.
THIRD COURT; Friday, May 4.
(Before Judge Lumley Smith.)
WALLACE, John (17, labourer) pleaded guilty at April (1) Sessions, before Judge Rentoul, to breaking and entering the dwelling-house of Robert Davies, and to stealing a pair of boots and feloniously receiving same.
Prisoner's father now appearing and stating that he could get his son immediate employment. Judge Lumley Smith, for Judge Rentoul, released prisoner on his own recognisances (£20) to come up for judgment if called upon.
Mr. R. D. Muir prosecuted.
ARTHUR AUSTIN (police-constable, 92 C). In the early morning of March 27, about 40 minutes after midnight, I was in plain clothes in Shaftesbury Avenue, on special duty, catching beggars. I saw prisoner stop two gentlemen and ask for money. I went to him, and told him I was a police officer, and should arrest him for begging. He said, "No, you don't," and hit me a violent blow in the mouth with his fist. We struggled on the ground; eventually I got him up, and we went into Regent Street towards Vine Street police station. At first he went quietly. Close to the "Man in the Moon" passage he commenced struggling again. I fell to the ground. As I was nearly to the ground he caught me with his knee right in the testicles; I fell on my Hack, and he kicked me again three times. I had hold of both has arms, and he was kneeling over me. A private individual, Mr. Wells, and another gentleman came; the latter blew a whistle, while Mr. Wells hung on to prisoner. Then Constable Carroll came up, and prisoner was got to the station. I was examined by the police surgeon, and put to bed; I was in bed 15 days; I am still on the sick list.
Cross-examined by Prisoner. When you first hit me in the mouth there were plenty of people about; I did not solicit assistance because I did not require it. You walked about 200 yards quietly with me. I did not screw your arms up and say,"Do you know Japanese ju-jitsu?" I did not throw you down. When you kicked me I was laying on my back bolding your arms, and you were leaning over me.
THOMAS MOZART WELLS , proprietor of the "Bell Hotel," at Hampton. On March 27 I was in Regent Street. I saw two men struggling on the ground, and went to see what was the matter. One of them was groaning very much. He said, "I am a police officer; he has injured me very badly and has kicked me, and I want to get him to the station." I did not see the kicking. The two men were on their sides on the pavement, the constable holding prisoner, and he trying to break away. I caught hold of prisoner, and tried to drag him off; he started kicking then; I suppose he must have kicked the constable again. Another constable came up, and he and I together took prisoner to the station, prisoner struggling all the way.
To Prisoner. You were kicking indiscriminately; I could not see whether the kicks took effect, as I was behind you.
JOHN CARROLL (police constable, 188 C). I was on duty in Regent Street. Hearing a police whistle, I went to the "Man in the Moon" passage, where I saw Austin lying on the ground and prisoner standing over him. I saw prisoner kick Austin twice, once in the abdomen and once in the right side of the body. Wells had managed to secure prisoner by the left arm, and assisted me to get him to the station; prisoner behaved very badly on the way to the station.
Cross-examined by Prisoner. You were standing up while you were kicking.
DR. ALEXANDER MITCHELL , divisional surgeon at Vine Street Police Station. I examined Austin at 1.15 a.m. on March 28. He was suffering from a severe contusion of both testicles; he was in a very collapsed condition, suffering great pain; the upper lip was also contused. Later that morning I made a careful examination of him; both testicles were injured, and there was a bruise on the left side of the scrotum three-quarters of an inch long. At a further examination on April 3 I found both testicles very much injured and swollen and inflamed. There were two separate bruises, and they could not have been caused by the same kick. They were such as might be caused by kicks with a boot. I am unable to say how long it may be before Austin can get back to work; cases of this kind often bring on disease of the testicles months afterwards. The injuries could not have been the mere result of struggling or strain; they were the result of direct violence.
Prisoner produced a dilapidated pair of boots which he said he was wearing on the night in question, and put it to the jury that if he had kicked with those boots he would only have hurt his own feet.
Verdict, Not Guilty of wounding Austin with intent to do him grievous bodily harm; Guilty of wound with intent to resist apprehension, and with intent to disable Austin.
Prisoner pleaded guilty to a conviction for felony on December 2. 1902, at Clerkenwell Sessions. Police proved a very bad record. Sentence, 12 months' hard labour.
Mr. Muir said he was desired by the Commissioner of Police to call attention to the conduct of Mr. Wells, who, the Commissioner thought, was deserving of commendation for the timely assistance he had rendered the injured officer.
Judge Lumley Smith: Yes, I think he behaved very well and very courageously in coming to the assistance of the officer, and so far as this Court is concerned I thank him on behalf of the public.
Mr. E. H. Pickersgill, M. P., prosecuted; Mr. Charles Matthews defended.
After evidence for the prosecution, prisoner gave evidence on oath; at the conclusion of his cross-examination the jury stopped the case and returned a verdict of Not guilty.
RICE, Daniel (42, photographer) . Being the occupier of certain premises, did () induce, (2) suffer, Annie Hollett, a girl under the age of 3 years, to be in and upon such premises for the purpose of being carnally known by him.
Mr. G. L. Hardy prosecuted.
Verdict, Not guilty.
Mr. Cundy prosecuted; Mr. Huntly Jenkins defended.
JOHN SENNETT , Greenwich Road, Deptford. I am a traveller in timber. On April 20 I met Colmy, who was a kind of casual acquaintance; I had often been employed on the same ship with him. He knew that I had been in trouble and had been three years in prison. I had money in my pocket that I had received that day from solicitors for making private inquiries. Just before seven I alighted from a 'bus at Dockhead; I saw Colmy standing outside the "Feathers "; he said, "Hullo, old man, how are you?" I had been suffering from a severe cold, and I had had a drop of rum. Colmy invited me to have a drink. I went in and had one, and shortly afterwards lot all consciousness: there was something done to the drink. At the "Fearers" I saw Grant a man I had a slight acquaintance with, and a lady he described as his wife Sullivan came in later From the "Feathers" I went to the "Marquis of Wellington "; I was invited there by two prisoners They took me in a said entrance, away from observation Suddenly I was attacked by Colmy with a blow on the nose and
eyes; Sullivan seized me by the throat, and down I went When on the ground I was knocked on the head several times. I said to them,"If you want the money, take it; don't murder me." On footsteps approaching they were leaving, when I heard Colmy say,"Well, leave him sixpence to get home with," and sixpence was put back in my pocket. Prisoners left. After a time I got up and went back to the public-house, streaming with blood. I had 5s. 6d. in my inner waistcoat pocket; which had not been touched; they took altogether half a sovereign in gold, 5s. in silver, and 9d. coppers. When I got back to the public-house I was muddled with the kicking and knocking about, and I saw someone there that I took to be Sullivan, but it was the potman. I went to the hospital and was dressed, and then communicated with the police.
Cross-examined. I make inquiries for solicitors besides travelling for a timber contractor; my businesses are all honest. I have known Colmy for a number of years, but I have not had much to do with him; I have never had a fight with him nor any quarrel. I never had a quarrel with him about a letter to the "Morning Advertiser." The letter banded to me is not in my writing; I know absolutely nothing about it. (Witness was handed pen and paper, and wrote,"To the Editor of the Morning Advertiser.' ") I heard some rumour years ago that Colmy was complaining of my having written a letter. I never had any squabble with him, but we had a difference over the big strikes fifteen years ago. When I started out on April 20 I had close upon 30s. I had several drops of rum; not enough to make me drunk. I cannot say how much of the 30s. I had spent. I cannot say how many drinks I had at the "Feathers "; I recollect having two; then something was put into my glass; I don't know by whom. I have no. recollection of shaking hands with "Colmy" at the "Wellington," and asking if we could be friends; I may have said so at the police court; to be candid, I have no recollecttion one way or another. I remember seeing Grant in the "Feathers "; I knew him by sight; I did not borrow 2s. of him. I remember a man named Atkinson being in the bar when I went back after the assault, and in my confusion I thought he was the third man; there was a third man, I believe, engaged in the assault. It is not the fact that I had a quarrel with Colmy and went outside the public-house and had a fight with him.
Re-examined. I never had a fight with him in my life; I have always ignored him.
(Saturday, May 5.)
were at the house between 9.30 and 10 o'clock. They had drinks. Prosecutor had ginger beer. Colmy paid. They were there 10 minutes. They seemed friendly. I went to attend to other customers, and they left by the back entrance, a passage leading to another street. It is a narrow passage about 20 yards long. I saw them no more till prosecutor came back with his head cut. Before he went out he seemed all right. He went out and fetched the police himself.
Cross-examined. They all seemed sober to me. I only served them and walked away again. I have a brother-in-law, Thomas Maine. He makes a book. He it a bookmaker, and sometimes comes to the "Marquis of Wellington." He was; there on this night.
TIMOTHY ATKINSON , labourer, 34, Holborn Street, spa Road, Bermondsey. On April 20 I was potman at the "Marquis of Wellington," and I remember the prisoners and the prosecutor coming about 9.30. I was coming from the bagatelle-room, and the three were standing at the door. Colmy asked me to have a glass of ale. Colmy told me he had half a crown on a horse named Round Dance, and he told me he had £1 6s. 10d. coming. It appeared to me they were drinking. The prosecutor was drinking ginger beer. They hid no altercation while I was there; they seemed to be on friendly terms. They went out and I went back to the bagatelle-room. The next time I saw prosecutor he wee bleeding in the face, and he said, "You are one of the men, that were with them." I said, "I beg your pardon, I had a drink in your company and I went back to the bagatelle-room," and I appealed to the men I had been playing with.
Cross-examined. He said that I was one of the men. I said, "I beg your pardon, I have not left this house, I went back to the bagatelle-room." Counsel read the deposition, "I wiped his face, and he accused me of being one of the men who had attacked him." From hit manner that is the impression he gave me. He was not drunk nor was he sober. He was drinking the ginger beer to sober himself. He was In a fit state to be served. He was not drunk nor sober. Colmy told me that he had some money to draw coming on Round Dance, the horse he had backed. He went round to the other bar while I was standing there. Sullivan and the prosecutor were standing there. He came back again. Counsel read from the deposition,"Colmy told me he had £1 6s. 10d. coming from a bet." He did tell me that.
JAMES PRINGLE , labourer, 50, Gadling Street. Dockhead. On April 20 I was at the "Marquis of Wellington" from 9 30 to 9.45. I went to the urinal and I saw three men. I cannot say whether they were the three men here. Apparently of them had slipped down and the others were helping him.
It was at the end of the passage loading to the street. One was on the ground and the others were in the act of lifting thin up. They were stooping over him.
Cross-examined. I was about 40 ft. from them. I did not notice their hands in his pockets. Two of them were in the act of picking him up. I cannot say whether there had been a fight or not. I did not see them attacking him while he was on the ground. I did not stop there long enough. I did not. see any fighting. There was not sufficient light for me to see if their hands were in his pockets.
JOHN BRADLEY (police sergeant, 7 M). About 10 o'clock on (April 20 I was called to the "Marquis of Wellington," and found the prosecutor bleeding profusely from a contused wound on the back of the head, also from the nose and mouth, and his face was very much bruised. He was under the influence of drink. I went to 15, London Street, and arrested Colmy. He said, "F——you; I will put it on you if you like; you will find no money here." At 5.45 next morning I arrested sullivan at 1, Oxley Street. I told him the charge, and he replied,"I was with him, but I did not think it would come to this. How will it go with me, governor?" told him I should arrest him for assaulting and robbing John Sennett on the previous night. In answer to the charge Colmy made no reply, but Sullivan said, "It was not as much as that"
Cross-examined. I went to Colmy's accompanied by four officers. He had his trousers and shirt on. He would not put on his coat. He was under the influence of drink. I should say he had had a lot of drink. It was two o'clock. He woke up through hearing me knocking at the door. I got in through a window. I told Sullivan I was a police officer, and I should arrest him for assaulting and robbing John Sennett at Smith's Place the previous night. I am certain of that. Those are the exact words. When he was charged, he said, "Not as much as that." I do not know what he meant. The charge was read out, which referred to the robbery and the amount of money which. the prosecutor was robbed of. The sum of 15s. 9d. was mentioned.
STEVEN STAMMERS (police constable, 299 M). At two o'clock in the morning of April 20 I went with Bradley and arrested Colmy first. we said, "We are going to take you into custody for assaulting and robbing a man of 15s. 9d." Colmy said, "F——you; I will put it on you if you like; you will find no money here." He was taken to the station, and made no reply to the charge. Then we arrested Sullivan. I told him I should, arrest him for being concerned with another man in custody in assaulting and robbing a man of 15s. 9d. at Smiths Place. He replied,"I was with him, but I did not think it would coma to this; how will it go with me, governor?" He
was charged with Colmy, and he said, "It was not as much as that."
Cross-examined. I told him I should take him into custody for being concerned with assaulting and robbing a man of 15s. 9d. at Smith's Place. I believe the amount was mentioned at the time when we went to arrest him. I am sure he did not say,"As bad as that." I do not know whether he was referring to the injury or the money. I told him it was a robbery with violence, and I do not know whether he was referring to the injury the man received or the money.
(Evidence for the defence.)
WILLIAM COLMY (prisoner, on oath). I live at 15, London Street, and work at discharging and loading ships in the Thames. They are odd jobs, and my earnings vary from day to day. On the day before this occurred I earned 13s. 3d.; on that Friday morning I earned 2s. 11d. Sometimes I can earn from £3 to £5 a week. I have known the prosecutor for a number of years. I had a previous quarrel with him. He asked me to make a suggestion to a gentleman which I refused to do at the time of the biscuit-makers' strike. I lost my temper with him and we had a bit of a fight. That was with reference to a letter which I said he had written to the "Morning Advertiser," and which he denied writing. I met him on this night at the Tower Bridge Hotel. He said, "Here, Billy." I said, "You dirty beggar, you?" That was my reply. We did not get into conversation at the Tower Bridge. I could never make friends with him. He had been drinking. He always got on the opposite side of the road if he was sober. He followed me to the "Feathers." I went to the "Feather" and called for a drink, and he followed me in and said, "Why can't we be pals?" I said, "Jack, you can never be a pal of mine." I was there from ten past six to twenty-five past nine. I went to the "Marquis of Wellington," and he followed me there. Prior to that, Sullivan came into the "Feathers." He is walking out with my daughter. I said to Sullivan,"I have got 26s. 10d. to draw from a man; come round to the 'Marquis of Wellington' with us"—thinking I had left Bennett behind. In the "Feathers" I heard a conversation between Grant and the prosecutor. Prosecutor asked Grant to lend him two bob till the morning, as he was going to get two guineas off a toff, and he would meet Grant. Sullivan and I went to the "Marquis of Wellington." The entrance to the bar and the exit are at right angles. Here there is a little bar, and the person whoserves cannot see the person who is served without they stoop down, because there is only room to put the drinking utensil under. I said, "What will you have?" and Sennett
cried out,"What is mine?" as much as to say,"What am I to have?" I replied,"You can have anything you like to get rid of, you——" I then asked him what he would have. He said, "Mine is ginger beer." I said, "Ginger beer, after drinking rum all night; what do you think I am?" I paid for the drinks. Atkinson came out of the bagatelle-room, and Sennett said, "Are you going to have a drink, Tom?" I said, "I don't mind; what is it?" Atkinson replied,"A glass of ale." I left them there and went out. I came back after I received my money for backing Round Dance. I backed the horse for half a crown each way, and I had £16s. 10d. When I returned prosecutor said, "Are we going to be pals?" I said, "You will not be pals with me." He said, "Then I will have a fight." We went into the passage and started fighting. I knocked him down, and fell on him, and Sullivan picked us up. I knocked him down the second time. Neither of us put our hands in hit pockets. I went straight home and had a jollification. When the policeman came he said, "Come on, Jack, we want you; and I made a nasty reply. I was taken to the station in my shirt and trousers.
Cross-examined. I cannot remember what I said to the police. The letter produced is signed in my name, but it is sennett's. (Prisoner wrote with a pen,"To the Editor of the Morning Advertiser.' ") The original quarrel with Bennett arose out of a labour dispute. He was chairman of one of oar branches. I have known him for 30 years. I saw him first that day in the Tower Bridge, and he was begging and prating me to be friends with him. I gave way and drank with the scoundrel. We were jangling all the time we met to the time we fought. I don't say he was very drunk, but he was drinking, and a man who drinks any kind of malt or spirituous liquors is not sober. I knocked him down with the first round and finished him with the second.
JOHN SULLIVAN (prisoner, on oath), 1, Oxley Street, Dockhead. I am 22. I work for my mother, who has a laundry. I keep company with Colmy's daughter. I saw the prosecutor at the "Feathers" on the night in question. Previously to going to the "Marquis of Wellington" he and Colmy were jangling, and what last witness said correctly describes what took place. When we went to the "Marquis of Wellington" prosecutor asked for a drink, and Colmy offered him gingerbeer. Colmy left to get 26s. 10d. off a bookmaker, and when he returned prosecutor said, "Won't you shake hands, Bill, and be pals?" Colmy said, "Never shake hands with you." Prosecutor said, "If you won't shake bands we must have a fight." They went to the back passage and fought. Prosecutor was knocked down and I picked them up. I did not put my hand in prosecutor's rocket or touch him at all except to pick him up. I said to Colmy,"He has had enough." Colmy
had been drinking; he got drunk afterwards We went to his house and he sent for ale, and we had a jollification up to one o'clock. Police met my father and asked where I was. He told them I was indoors. The officer said, "You are charged with assaulting and robbing John Sennit." I said, "It ii not so bad as that."
Cross-examined. What the officers say I said is not correct. When we went to the passage I knew they were going to fight They both sparred up, and Colmy had the luck to get there first, and he knocked prosecutor down. The second round I did not keep time. In the "Feathers" Colmy paid for the drinks; then he went to the "Marquis of Wellington" and paid there. Then he went away to get some money and came back. I did not see the money. I did not see Sennett pay for anything. It is not true that when he was on the ground he was kicked or that his throat was seized, and I did not say,"Leave him 6d. to go home with."
ROBERT GRANT , fish salesman, 8, Salisbury Place, Jamaica Road. I was in the "Feathers" on the Friday in question with Mrs. Walliner, and Sennett asked me to have a drink, but when he put his hand in his pocket he found he had not sufficient money, and he asked me to lend him 2s., which I did, and I did not get it back. Sennett was drinking rum, and they were jangling together.
Mrs. ELIZABETH WALLINER : I was in the "Feathers" on the Friday in question, and Sennett said he would pay for the drinks, and I saw Grant give him money, with which he paid for the drinks. I did not hear what took place between them.
Verdict, Not guilty.
The jury also brought in a verdict of Not guilty on the indictmeat charging the prisoners with an assault.
OLD COURT; Monday, May 7.
(Before Judge Lumley Smith,)
O'BRIAN, John (29, bricklayer) , feloniously causing grievous bodily harm to Frederick Nice with intent to resist the lawful apprehension of himself, with intent to disable Nice, with intent to do him grievous bodily harm.
Mr. Charles Matthews and Mr. Arnold Ward prosecuted.
FREDERICK NICE (police-constable, 37 X R.) On March 25, shortly after midnight, I was on duty in Uxbridge Road. I saw prisoner there accosting ladies and gentlemen, flourishing a paper in their, faces, saying,"The dirty tykes won't let me work," and asked for money for his "kip" or lodgings. He
walked all right, but he was not sober. One gentleman made a complaint to me. I went up to prisoner and said, "I am going to take you into custody, O'Brian, for begging." He made no reply. I took hold of his left arm and we went towards the station; in about 200 yards I was joined by Constable Bryan. After walking a short distance prisoner said, "I could give you some f——g trouble if I liked." I said, "Don't do that; it will only make matters worse; go quiet." He put his leg between my legs and dropped to the ground himself, causing me to fall on my back. I fell on my lantern, which was strapped to my belt at the back, and felt very much hurt from the lamp poking into my ribs. Prisoner said, "I'll kick your f——g brains out "; as I was getting up he caught me under the left ear with his foot; he was wearing heavy boots; it was an intentional kick; it was so violent that I lost consciousness. When I came to I saw that Bryan had secured prisoner; he was holding him by the shoulders. Constable Sellar was also there. Prisoner's boots were taken off, he was strapped to an ambulance, and taken to the station. I was taken to the station; just as I got there I saw prisoner, after he had been Unstrapped, make a grab at Sellar's hand and bite him. All the way to the station prisoner was using violent threats; I remember him saying that he would swing for some of the f——g coppers before he had done with us. I was put on the sick list; I was in bed five days; I have not now recovered from my injuries.
JOHN BRYAN (police-constable, 287 X). Shortly after midnight on March 24-25 I was at Uxbridge Road Police Station. A gentleman came and complained about someone, and I went with him towards the Tube station. We met Nice with the prisoner in custody; the gentleman said that was the man he had been complaining about. I took hold of prisoners right arm, and he walked quietly for a short distance. He then said, "I could give you some f——g trouble now." I think he had been drinking, but he appeared to know perfectly well what he was doing. By a quick motion he tripped Nice, and threw himself down. He said, "I'll kick your f——g heads off," and deliberately kicked Nice violently at the side of the neck. He repeated several times,"I meant to murder the next f——g copper that ever put a hand on me." After a very severe struggle I forced him to the ground and knelt across him. He continually kicked me several times in the back; my belt partly saved me, but I felt quite sore for a week afterwards. Constable Sellar came up, and removed prisoner's boots and strapped his legs together. The ambulance arrived, and with great difficulty we placed him on the ambulance and strapped him down, and got him to the station. When outside the station I just released his left hand and Sellar released his right. Prisoner
suddenly seized Sellar by his right hand, forced it into his mouth, and bit the knuckle of the third finger. Prisoner is a very powerful man.
THOMAS SELLAR (police constable, 43 X R). In the early morning of March 25 I was in Northern Road, Notting Dale, when I saw a crowd of people; on pushing my way through I saw Bryan and Nice struggling with prisoner; I heard Nice say,"I'm done; he has kicked me in the neck "; he dropped his head and appeared unconscious. Prisoner was very violent. I assisted Bryan to restrain him. I removed hit boots, and strapped his legs together with my belt. He was strapped to the ambulance and taken to the station. Just at the station his arms were released, when he suddenly raised hit head, seized my right hand, forced it into his mouth, and bit the knuckle of the third finger off. I was on the sick list nineteen days. Another constable drew his truncheon and pushed the side of prisoner's jaw to make him loosen me. The finger bled freely, and caused me intense pain; it not you quit right.
Cross-examined by Prisoner. I was at the police court when you were first charged, but I did not give evidence; there was enough with out me to get the remand. I was that day giving evidence against another man who had assaulted me, It is not possible that that was the man who bit my finger.
ROBERT ALEXANDER JACKSON , Divisional Surgeon of Police, I examined Nice. His injuries were such at were probably caused by a kick. He is still on the tick list, and may be for another three or four weeks. If the kicks had been a little higher tip they might have been of a fatal character.
PRISONER (not on oath). On the night of March 25 I was absolutely-silly from drink. I have not the slightest remembrance whether I spoke to any gentlemen or not. I am very sorry if I am guilty of assaulting the policemen, I have never assaulted anybody when I have been sober.
Verdict, Guilty. A very bad record of convictions proved; 197 days to run on license in respect of previous terms of penal servitude. Sentence, 18 months' hard labour.
NEW COURT; Monday, May 7.
(Before the Common Serjeant.)
Mr. J. F. Vesey FitzGerald prosecuted.
Verdict, Not guilty.
OLD COURT; Monday, April 30.
(Before Mr. Recorder.)
HUDSON; Robert (24, fireman), pleaded guilty to stealing two pewter pots, the goods of John Ward, and feloniously receiving the same; also to a conviction for felony on October 9, 1903, at West Ham Quarter Sessions, in the name of Robert Hodson. Police evidence proved a continued series of convictions, dating back to 1898. Since leaving prison on November 2, 1904, prisoner had been seven trips to sea, and had a very good character in relation to that employment. Six months' hard labour.
SHELVEY, Edward (37, carman), pleaded guilty to feloniously breaking and entering the warehouse of Hornett, Foster, and Co., Limited, and stealing therein a steam gauge and other articles, their goods; also to stealing £1, the moneys of James William Chettle; to other indictments, for assaulting Stephen Cadwell, a metropolitan police constable, and for assaulting George Goodman, another constable, with intent to resist lawful apprehension, prisoner pleaded not guilty; he pleaded guilty to having been convicted of felony on December 16, 1898, at West Ham Borough Sessions, and sentenced tothree months' imprisonment. He admitted having been convicted at this court on December 12, 1904, for an assault, with a sentence of 15 months' hard labour. Police evidence was to the effect that prisoner was an habitual criminal, an associate of thieves, one of the worst characters in Stratford; people were really afraid of him. The conviction in 1904 was for an assault on a constable who was arresting him when he had the proceeds of a burglary in his possession; the constable in question had been pensioned from the force and was ruined for life. Sentence, five years' penal servitude.
TILLINGS, Thomas (22, labourer), pleaded guilty to maliciously damaging two glass decanters of whisky and other goods, value together £7 11s. 10d., the property of Lily Jane Eldred. A previous conviction proved, at the North London Sessions, September 19, 1905, for larceny and receiving, in the name of Thomas Smith, with a sentence of four months' hard labour. Police gave prisoner a bad character, as an idle, worthless, and drunken fellow; but he had been in the militia and served in the South African war. Sentence, six months' hard labour.
Mr. Forrest Fulton prosecuted.
JAMES BERNARD SHIELDS . On April 17 I was second engineer on the ss. Maine, of the Royal line. On that night I was in North Woolwich with John Dowd, a greaser, on my ship. We first met prisoners in the "Peacock." They came up and spoke to me; one asked me for a job; I told him I could not get them on the ship, because it was going to lay up, but if they came down next day I could give them a day's work. We had several drinks. I remember the four of us going to the "Standard," in Woolwich, and having more drinks. Then we proceeded to the Royal Albert Dock. I then had on me £2 in gold in one pocket and about 10s. in silver in another pocket. I also had a bottle of whisky. When we got inside the dock Dowd dropped behind, and I went on with the prisoners. Suddenly I got a crack across the eye, I was thrown on the ground and choked; I gave one scream and then became senseless. Then a dock constable, Nuckel, came up; he had caught Condon; the other prisoner had run away. My money and the whisky had all gone. Condon was found hiding between two freight cars. Later on I was taken to the police station, where I identified Smith out of 12 other men.
Cross-examined by Condon. I first met you in a public-house at Custom House; we all went by train together from Custom House to Woolwich; there were two females with us. I do not think I bought half a gallon of beer and took it in the train. I bought the bottle of whisky at the "Peacock." I paid for everything. You forced yourself on me; you watched me like a cat. I could not recognise you as the man who struck me.
Cross-examined by Smith. It is not correct that I was drunk. I suppose I had been drinking for two or three hours. I knew what I was about.
JOHN DOWD . I am a greaser on the ss. Maine. On April 17 I was in prosecutor's company during the evening. We met these two men, I believe, in the "Peacock "; I bad known one of them before. We went back to the dock after midnight. Inside the dock I had occasion to stop behind for a few minutes and the other three went on. When I walked on afterwards I saw prosecutor lying on the ground; the two men had gone. I had not heard any call. Prosecutor said he had been knocked down and robbed. A constable came up with Condon, and we all went to the station. Prosecutor was not exactly sober, but was not drunk."
Cross-examined by Condon. There was a female with prosecutor in the public-house.
and Dowd go into the "Standard," opposite the station. Afterwards I picked out Smith from a number of others. I am positive of the identity of the two men.
WILLIAM COUNTERWELL , Royal Albert Docks constable. On April 18, about 12.45 a.m., I was in charge of the gate at which the four men entered the dock. I identify all of them except Smith. When they came I inquired where they were for, and they said they were all for the Maine; Condon said he was fireman, prosecutor said he was engineer, Dowd said he was greaser, the other said he was a fireman. All four appeared to be under the influence of drink, but they were walking all right and were not incapable of taking care of themselves.
HENRY NUCKEL , dock constable. About one o'clock on this morning I was on duty inside the dock. I heard a shout, and on proceeding in that direction I found prosecutor lying on the ground insensible and with a black eye. I got him to his feet, and then ran after two men I had seen running away; I caught Condon hiding among some railway trucks. I said, "What are you doing here?" He gave no explanation, so I took him to prosecutor, who said he was one of the men who knocked him down. Condon was then taken to the station and charged.
Cross-examined by Condon. The place where you were hiding was about 30 yards from where prosecutor was knocked down.
----BROWN, acting police-sergeant at North Woolwich. Condon was handed to me outside the dock gates by last witness. On being charged at the station, he said, "I'll have a bob each way on that. I did not enter the dock with them; I lost them outside the 'Standard.'"
JOSEPH PAYNE , detective, K Division. On April 20 I arrested Smith at the "Peacock" public-house. I said to him,"I am a police officer; you are answering the description of a man wanted concerned with Mike Condon in assaulting and robbing an engineer at Woolwich on the 18th inst." He said, "Yes, I know Mike Condon, but they can't pick me out." Later on he was identified among other men by prosecutor. At the station he made no reply to the charge.
(Tuesday, May 1.)
HORACE SCULPHER , a dock constable (examined by prisoner Condon). In the docks, after Nuckel had you in custody, he asked prosecutor a question; I did not hear what the question was, but I heard prosecutor reply,"I cannot say."
Prisoner CONDON (not on oath). On the night in question I made the acquaintance of prosecutor through Smith, who was an acquaintance of Dowd. Prosecutor asked me to have a drink; we had eight or nine drinks. I asked him if he could get me a job as fireman on his ship. The house we were in was just closing. Prosecutor and Dowd invited us to go to
Woolwich, where the houses are open till 12.30. We had to go out of the house on account of prosecutor dancing. I lost sight of the three others through stopping to talk to the barman. I made my way towards the docks, and overtook the three men walking arm-in-arm in the middle of the road singing. I walked in with the others; about 150 yards from the ship. Dowd and Smith hung behind, leaving me walking with prosecutor. As I was walking beside him he must have been able to recognise me if it had been me who struck him, as he says he was not rendered unconscious. I admit walking by his side at the time it was done. Just by an opening between two sheds, two or three men suddenly rushed out behind prosecutor; one put his arm round his neck and the other closed in front of him. In the confusion I walked away, in which I made a great blunder; not being one of the best with the police I was afraid of apprehension, as I have been in prison once before innocent. I protest my innocence of this charge.
Prisoner SMITH (not on oath). We were in the "Peacock" drinking together. Dowd was an old shipmate of mine. We had several drinks together. We were in the public bar; there were a lot of women there, and there was dancing. We got half a gallon of beer and went by train from Custom House to Woolwich. We went into the "Standard," and again there was dancing; they stopped us dancing. All four of us went into the dock. Dowd and I stopped behind and the others went on. I lost sight of Dowd and the others, and went right on the ship. I never saw the man knocked down at all. (Prisoner handed in his ship's discharges.)
Verdict, Guilty. Condon pleaded guilty to a conviction for felony on March 16, 1904, in the name of Nicholas Pilcher, at South London Sessions. Police proved a long list of convictions against him. Smith had up to now had a good character. Sentence, Condon, five years' penal servitude; Smith, six months' hard labour.
NEW COURT; Tuesday, May 1.
(Before Mr., Recorder.)
Mr. Metcalfe prosecuted.
April 8, and I locked the door. It had a scar over the left eye. I went to the stable again at 10.30 and found the lock broken and the pony gone. I saw it next morning at the "Sun Tavern" gap. I had given a description to the police. I did not know the prisoner.
ERNEST SHORTT (P. C. 481 H). At 7.30 a.m. on April 9 I was on duty in Cable Street, Whitechapel. I had had a description of the pony. I saw the prisoner standing at the door of a stable belonging to Alfred Tadman, an undertaker, known as the Sun Tavern Gap. The pony was inside. It was trembling as if it had come a long way, or suffering from cold water, as the prisoner said. It is four or five miles from Acre Lane. I asked the prisoner what he had done to the pony. He said he had given it a bucket of water, and should have only given it half a bucket before feeding it. He said Tadman only bought it last night, and nodded towards Tadman's house. I noticed a mark over the left eye. He trotted it up and down several times, and took it to the stable again, and went to Tadman's door, and apparently rung the bell. I then went back to the police station, as the pony did not thoroughly answer the description. I went back and saw the pony still in the stable. At 1.15 I went with Detective Edwards of the K Division, to Hanbury Street, Whitechapel, who arrested the prisoner on my pointing him out.
ALFRED WILLIAM TADMAN , 422, Cable Street, Shadwell. The stable referred to belongs to me. I know prisoner. He had no permission from me to put the pony there—it was not locked. He had been in the stable before when working for me. He used to work for a man who bought horses to export. I donot know what that means—they may make Bovril of them as far as I know. I was in my house between 7.30 and 8 a.m. on Monday. No one rung my bell. My shop opens between 9 and 9.30.
JAMES EDWARDS (detective, K Division). At 1.15 p.m. on April 9 I saw prisoner in Hanbury Street, Spitalfields. I said to him,"I am police officer, and am going to take you into custody for steading a pony in Canning Town." He said he knew nothing of it. On the way to the police station, he said, "A man gave it to me in East India Dock Road, and told me to take it to Tadman's. Later he said he had seen the man before. When he was charged, he said, "I did not take the mare. I got the barrow and harness as they are. A man gave them me as they are." The animal is worth £8.
Prisoner's statement before the magistrate. I do not wish to say anything now or call any witnesses."
PRISONER (not on oath). I met a man on Monday morning as I was going towards Victoria Docks. who was driving the pony. The man asked me if I knew Tadman's stable. I said
"Yes," and he asked me to take it there, and said he would give me 2s. when he saw me in Hanbury Street. I took it, and after feeding it I went towards Hanbury Street, and was then arrested. I never saw the man who promised to meet me.
Verdict, Not guilty.
FOURTH COURT; Tuesday, May 1.
(Before Judge Lumley Smith.)
Sentence, 12 months' hard labour.
OLD COURT; Monday, May 7.
(Before Judge Lumley Smith.)
SUCKLEY, Thomas (21, labourer) , feloniously inflicting grevious bodily harm upon John Haynes, a Metropolitan police-constable, with intent to resist the lawful apprehension of himself; also assaulting Joshua Stevens. Prisoner pleaded guilty to assaulting Stevens; not guilty to assaulting Haynes.
JOSHUA STEVENS (P. C. 876 K). On the night of April 8 I saw prisoner and another man in Meath Road, West Ham; they were using obscene language. I told them to go away; prisoner refused to go. I arrested him, and he struck me a blow in the mouth. P.C. Haynes arrived, and in a struggle prisoner deliberately kicked Haynes in the stomach, which rendered him unconscious. Eight other constables arrived, and with difficulty we got prisoner to the station.
To Prisoner. I saw you kick Haynes, and he fainted when he got to the station. There were seven or eight constables besides me.
JOHN HAYNES (P. C 185 K). On April 8 I saw Police-constable Stevens struggling on the ground with the prisoner. I went to help Stevens, when prisoner kicked me several times in the stomach. It was about half a mile from the station. I had severe pains in my inside, and was unable to resume my duty for some time.
HENRY RICHARDS , Laundryman. I saw the two police-constables struggling with prisoner. I went and helped them; I know them by sight. We took prisoner as far as John Street and he kicked Constable Haynes in the stomach; other constables arrived and I went away.
To Prisoner. You did not kick Haynes on the left side; I was on that side; I only saw you kick him once.
WALTER O'CONNELL , divisional surgeon. I placed P.O. Haynes on reserve duty; he was too weak for ordinary duty. He was in a state of collapse when I saw him. I saw Stevens on the same night; he was suffering from shock.
PRISONER (on oath). I am 22 in October. I am an engineer's mate. On the night of the 8th I had been to see my brother off to his ship."The Pathfinder" After I had left him I was coming back, when a man stopped me; he seemed to be drunk; he started shouting and swearing at me, and I swore back, but not very loud. Then the constable caught hold of me. I felt a blow across the chest; I don't know who struck me. I hit out. I do not know what happened after that till I got to the station. I had got a severe thrashing between the lot of the constables. I was cut on the breast, I had a bruise on my head for a fortnight, and I was limping. After I got struck across the chest my mind was a blank. I know absolutely nothing of what happened afterwards.
Cross-examined. I had been having one or two glasses; I was nothing near drunk. I was not unconscious. I felt something hard strike me a blow across the forehead, and I have no recollection of what happened after that. I got invalided home from South Africa. At the police court I said I had been struck. There was no use to talk about my injuries, because they absolutely took no notice at all. My nose was all swollen and my eye contused. I have never pleaded being drunk. I was not using obscene language. It was an elderly man who was drunk was using obscene language when Stevens came up. He was swearing at me and I swore back. The policeman shoved me out, and I said, "Not so hard. It is not my fault" Then he hit me on the back of the neck.
To the Jury. The doctor did not examine me at the policestation. I did not complain about bruises at the station.
To the Judge. I did not intend to do grievous bodily harm to Haynes. In my temper, when I was being locked up for nothing, it is possible that I would resist.
Verdict, Not guilty of assaulting Haynes with intent Police gave prisoner a good general character. He had been in the Army, and was discharged after about two years' service in South Africa with a good character.
Prisoner, having been in custody a month, was bound over in his own recognisances of £5 to come up for sentence if called upon.
FOURTH COURT; Wednesday, May 2.
(Before Judge Lumley Smith.)
HAWKINS. Edward (31, sailor), pleaded guilty to breaking and entering a place of Divine worships to wit, St. Peter's Church, Richmond, and stealing therein the sum of 3s. 6d., the moneys of Lionel Ward, and others. Sentence, One months imprisonment, second division.