VOL CXLIV.] [Part 860.
CENTRAL CRIMINAL COURT
HELD MAY 21ST, 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 May 21st, 1906, and following days.
Before the Right Hon. WALTER VAUGHAN MORGAN, LORD MAYOR of the City of London; the Hon. Sir HENRY SUTTON , Knight, one of the Justice of His Majesty's High Court; Sir JOSEPH SAVORY , Bart., Sir GEORGE F. FAUDEL-PHILLIPS , Bart., G.C.I.E., Sir JAMES THOMSON RITCHIE , Bart., Sir J. WHITTAKER ELLIS , Bart., F. P. ALLISTON , Esq., and LieutColonel F.S. HANSON , 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 RENTOUL , K.C., Commissioner, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery I holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
MORGAN, MAYOR, EIGHTH SESSION.
LONDON AND MIDDLESEX CASES.
OLD COURT; Monday, May 21.
(Before Mr. Recorder.)
GRUNDY, Charles Sydney (30, solicitor), pleaded guilty at April (2) Sessions to stealing £1, £10, and £3 10s., the moneys of Harold Carlile Morris, his master. A former employer having given evidence to prisoner's very excellent character up to the present offences, and the Recorder stating that the late Alderman Morris, the prosecutor, had expressed the desire that prisoner should be dealt with as leniently as possible, a nominal sentence of 21 days' imprisonment was entered, entitling him to be released immediately.
JEAYES, George (39, jockey), pleaded guilty to stealing a Post Office Savings' Bank book, the goods of Albert Warwick, forging and uttering an order for payment of £1, obtaining by false pretences from the Postmaster-General £1, stealing, two rings, the property of James Gibbs.
Mr. Beaumont Morice prosecuted.
Sentence, Nine months' hard labour.
MASON, Arthur, otherwise Elphinstone Albert Morris (22, clerk), pleaded guilty to obtaining by false pretences from A. Rayner £5 4s. 3d., from A. Purvis and A. Boak £3 3s. 6d., from E. Penton and H. Turner goods value £2 5s. 1d. and £5 4s. 7d.; also to a previous conviction at Clerkenwell Sessions, on September 3, 1901, for felony. Police proved a very bad record. Sentence, 18 months' hard labour.
CHERRY, William (21, labourer), and DENT, Sidney George (28, stoker), pleaded guilty to stealing 12 shirts, property of J. F. Power, Limited, and feloniously receiving same. Cherry pleaded guilty to having been convicted at Worship Street Police Court, in the name of William Markby, for larceny; Dent to
having been convicted at Clerkenwell Sessions on November 8, 1904, in the name of Sidney Austin, for robbery from the person. Police proved a very bad record against both prisoners. Sentence: Cherry, 15 months' hard labour; Dent, 18 months' hard labour.
Mr. Bohn prosecuted.
AMBROSE TURNER , stamp dealer, 21, Coleman Street, E.C. I entered into an arrangement with prisoner, who sells papers, that he should pay me 15s. a week for the last three weeks of December and £1 a week afterwards for the use of his paper business of the court attached to my shop. If I was away he was to sell my stamps; if he was away I would sell his papers. The stamps in question, which I value at £1, I first missed early in January; the sheets produced are taken from one of five volumes that I had. Prisoner had no authority to deal with the stamps for himself. I missed altogether between £40 and £60 worth of stamps. These five sheets were sold by prisoner to Mr. Wallace.
Cross-examined by Prisoner. During January I was occasionally absent from the shop; this was not through drink; I did not stay away because I was afraid to meet creditors. Therewas no mutual partnership between you and me. [Cards produced, bearing the name "F. T. Woodward and Co."] I never saw those cards. The item in my cash-book of 1s. 4 1/2 d. for printing cards relates to cards in the name of Turner and Co. This was half the cost of those cards, and you paid the other half because you wanted some to show to customers you used to know. The stamps in question were not my property; they were given me in trust to start business in Coleman Street; they were capital or stock. There is an entry in my book of £2 10s.; that is not a credit to you; it is merely the value of stamps taken from me which you agreed to pay me. I first went to the police about this in January; I will not swear that you did not yourself advise me to go to the police. The book produced contains entries of your cash sales; it is not the fact that I checked it. You used to show me the book to show what you had paid out; I would ask you for money for my rent, and you would say, "I have had to pay all this out, and cannot pay you more than so and so," and I used to take 1s. or 1s. 6d. sometimes at the end of the day. You were always behindhand with your rent. On February 17 you owed me £6 12s. 11 1/2 d. for rent; that included £2 10s. for the loss of stamps that you had taken from a previous book. You did buy stamps sometimes on your own responsibility, where you had the chance of its being all right. There was never any partnership between us.
To the Court. When I missed the stamps in January I did not accuse prisoner because I had not sufficient evidence.
EDWARD MARRIOTT , detective, City Police. On April 28 I went with prosecutor to prisoner's place; prosecutor told him he was going to give him into custody for stealing a stamp album and some sheets of stamps. I cautioned prisoner, and he said he would say nothing. Later on he said, "I sold that stamp album, but at that time I was in partnership with Mr. Turner." At the station he asked Mr. Turner to withdraw the charge, and said, "I have been trying to buy that album back; if I could have done so I would have paid double for its return to what I received for it in January last." Prosecutor first reported his loss to us on January 17 or 18. I saw the accused on that occasion. He knew that I was making inquiries about another man who was suspected; I asked him for the address of that man, and he gave it to me. He did not then say anything about a partnership.
JOHN WALLACE , 59, Finsbury Pavement, stamp dealer. Prisoner offered me these stamps for sale, and I gave him 10s. for them. I had had some previous dealings with him; he said he did not know much about stamps, but was taking over a business.
Cross-examined by Prisoner. I paid you 7s. 6d. for the album; it is not the fact that it is worth £10; half the dealers in London would have refused it for 7s. 6d. A few days after I bought it you came to me and wanted to buy it back for double the money, and I told you I had sold it for 15s. Long before this purchase you had told me something about buying half of Turner's business. I have known you for some few years.
PRISONER (on oath). I was in the employ of the "Sun" newspaper for ten years, responsible for their outdoor sales in the City of London. Prosecutor asked me to give up my business and take over his newspaper business; he offered to take £50, payable in weekly instalments. I eventually agreed to this, and that went on up to the beginning of January. It commenced on December 11. I was to pay him 15s. a week for the three weeks in December and £1 a week afterwards. I paid the amounts during December. In January he was in financial difficulties and afraid to come into the shop, and he asked me to enter into a mutual agreement with him that we should sell each other's stuff and make one common till. This I agreed to. At the time I sold these stamps I was in negotiation with him to buy the whole of the business. We never entered receipts in a book, but expenses were entered; we never accounted to each other for what was done. In January he told me that he had lost £50 worth of stamps; I knew that I had not parted with them, so I advised him to go to the police. Later he told me about a special stamp album being missing. I knew that I had
sold an album to Mr. Wallace, and I went and tried to get it back, as prosecutor told me it did not belong to him. The money that was got from Wallace went into the till and I never benefited by it. At that time prosecutor and I were not on speaking terms, as I had drawn an agreement for him to sign and he would not. He was trying to get the business back from me, and I did not wish him to have it.
Cross-examined. The draft agreement [produced] is in my writing; it refers to the paper business, and says nothing about the stamp business. When I sold these stamps to Wallace I said nothing about it to Turner, because he never accounted for what he sold, and I never accounted for what I sold; all receipts went into the till. I do not see that I was called upon to say anything, being a partner. The £2 10s. mentioned was for some loose stamps that I agreed to pay for. I did this because he told me they were not his property, but I said to him that he ought to have told me of any things in the shop that were not his, and I should not have sold them. I do not acknowledge that I owed prosecutor £6 12s., or anything at all, for rent. I should like to add that about ten days before my arrest the High Bailiff of the City came in to levy a distress in the shop, and prosecutor distinctly stated to the High Bailiff that the whole of the business in that shop belonged to me, and thereupon the bailiff did not levy.
AMBROSE TURNER , recalled. I remember a warrant officer coming to levy; the officer had first spoken to prisoner; prisoner came in to me with the officer and said, "This man has a distress warrant for you, but I have told him that all the things were mine"; I said nothing, and the officer went away.
Verdict, Not guilty.
Mr. Bodkin prosecuted. Mr. Nicholson appeared for prisoner.
Mr. Nicholson said he was instructed by the prisoner to say that he admitted unreservedly that he was entirely unjustified in the complaints he thought he had against the Mayne family; and that he wished to express to Mrs. Mayne and her relations his sincere apology and regret for having made the statements contained in this libel.
The Recorder said he would release prisoner on his own recognisances in the sum of £100 till next Sessions, when he must find a further surety in £100. This was a very gross libel, and he warned prisoner that if it was repeated he would assuredly be sent to prison.
Mr. Hemming prosecuted.
JOHN STEWART , detective-sergeant, City Police. On April 25, on a statement made to me by the housekeeper at 17, Coleman Street, I arrested prisoner on the charge of stealing from the basement of that house a bicycle and a quantity of jewellery out of the saddle-bag. [Prisoner's reply, read by witness, was substantially the same as prisoner's statement made here on oath, which see later.) Prisoner gave his correct address; the bicycle was found there in sections. He came to the station voluntarily with the housekeeper. About two hours before that I had a conversation with a clerk at Lubin's, when prisoner was present.
HERBERT LUBIN , solicitor's clerk. On April 23 I rode up on my bicycle to my place of business, 17, Coleman Street. I left the machine in the basement; there was in the saddle-bag on the bicycle a quantity of jewellery-five rings, four pairs of links, three pins, and a brooch. I have not seen the bicycle since, except in pieces. Prisoner is quite a stranger to me. I have heard nothing of the jewellery.
ARTHUR BASSETT , housekeeper at 17, Coleman Street. I remember seeing the bicycle of the last witness on April 23. I know prisoner as having several months ago worked for the builders employed by our landlord to do repairs. He was not working there on the day this bicycle disappeared. On April 25 he called on me and said that he had bought the bicycle that was missing from our place.
PRISONER (on oath). On April 23 I was coming from Queen Victoria Street from Anderson's, the indiarubber people, I was doing a job for. I met a party who said he knew me; he was a runner for newspapers. He said, "Hallo, Joe, how are you?" I said, "You have the best of me; I don't know you." We had a conversation; he said he had had a rough time and he wanted to sell his machine and he would take 10s. for it. We went to 17, Coleman Street, where the machine was, and I gave him 10s. for it I knocked off at 5.30 instead of 6, and pushed the machine to my home at East Ham. Next day I overhauled the machine and found it wanted a new head and that the brake was wrong, and I really wished I had not bought the thing at all. The day after I went to business as usual. At dinner-time the detective came in and said that there had been a machine stolen on the Tuesday from 17, Coleman Street Just then a customer came in, and I was sent out to do a glazing job at some place where they had an accident, and I was sent off at once. When I came back I went to the housekeeper and asked who the stolen machine belonged to, as I had bought one
on the Monday night. He told me it belonged to Lubin; we fetched Lubin, and the three of us went to the police-station, where I said what I really had done. When I saw the saddlebag it was entirely empty; there was no jewellery whatever. I have tried my best to find this newspaper runner, but I have been unable to find him.
Cross-examined. I had previously been employed at 17, Coleman Street. The man I speak of said he was a newspaper runner; he said he had put the machine in there while he went to see after some more papers; the place where the bicycle was was almost an open passage; anybody goes up and down there; I did not ask the man whether he had authority to put the machine there. I heard the detective say when he came that a bicycle had been stolen from the very place from which I had got the one I bought; I did not then say anything, because I was called away, but before half an hour had elapsed I went to Moor Lane Police Station and stated what I had done. The man I speak of I cannot say that I had not seen before, but I could not draw him to mind. I did not think there was anything suspicious when he spoke to me; he said he had done no work for 13 weeks and he must sell his machine. I have been for seven years with one firm and have an excellent character. I have no witnesses to character here; I had at the Guildhall, but they were not allowed to be called.
Sergeant STEWART, recalled, confirmed prisoner's statement that he had been in one situation for seven years; he was in a responsible position as foreman to a firm of builders and contractors, having charge of the keys of the place; he was quite a respectable man.
Verdict, Not guilty.
HOPKINS, Charles (45. labourer), pleaded guilty to stealing a watch-chain, the goods of Thomas Pond, from his person, and feloniously receiving same: also to a former conviction at this court on April 3,1905. Police gave prisoner a general bad character. Sentence, Nine months' hard labour.
NEW COURT; Monday, May 21.
(Before the Common Serjeant.)
Mr. Bowen Davies prosecuted.
JOSEPH HART . On Sunday morning, May 7, about 12.30 to 12.45 a.m., I was in Commercial Street, opposite Spitalfields Church. One of the prisoners put his arm round my neck, and they went through my pockets and took what money I had. I had 2s. in the left trousers pocket and some small silver and coppers in the other. Prisoners were behind me as I went along. Bogart went through my pockets. I was then knocked down. One of them hit me in the head. I saw the younger Morris. I did not see the elder Morris do anything. I hope you will let them off.
Cross-examined by Bogart. At the station I said to the inspector, "I do not wish to prosecute. He has got the money let me fight him." I was so confused by being hit that I could not tell who went through my pockets.
To the Court. I could not say whether I was drunk. I am sober now.
To Bogart. I was properly wet when I was picked up. I was properly upset. I was properly whacked. The police picked me up. You come in front of me and done me that way (describing).
Cross-examined by Morris, jun. I did not say at the police station I never saw you. I recognised Bogart and you. I did not say you were not anywhere near. I had just enough sense to know you had done me.
MICHEL O'SULLVAN , Police-constable 272 H. On May 7 I was on duty in Commercial Street at 12.30 a.m. I taw prosecutor talking to a woman at the corner of Brushfield Street. The three prisoners came up, the elder Morris put his arm round prosecutor's neck and pulled him back. The younger Morris, struck prosecutor in the face and then caught hold of his legs. They all four fell on the ground. I saw Bogart strike prosecutor. Bogart got up and was counting money in his hand As I came up prisoners ran away, Bogart went into a chandler's shop in Duval Street. I went in and arrested him. He said, "All right, do not knock me about, I will come quietly." I took him to prosecutor. He said, "He is the man who punched, me in the face and went down my pockets for 2s. There were two others." Prosecutor's left eye was seriously blackened, the right not so badly. His face was scraped where he fell on the footway. I took Bogart to the police-station, where the two Morris's had been taken by other officers. When charged he made no reply.
Cross-examined. Prosecutor said the elder Morris got hold of him behind. I am sure I saw the younger Morris take hold of prosecutor's legs.
JOSEPH MCLEOD , Police-constable 129 H. Morris, sen., caught prosecutor round the neck and held him backwards. Bogart hit prosecutor in the eye and Morris, jun., held his legs. The four fell to the ground. Prisoner got up, and I saw Bogart with money in his hand. I was 15 yards off on the other side of the road. The three ran down Duval Street. I and P.C. Funnell took the two Morris's. Prosecutor recognised them.
Mrs. LOUISE MORRIS , mother of Morris, the younger, produced evidence of character, showing that the prisoner had been in employment down to February, 1906, and stated that he was a good boy and had lived with her.
Prisoners were found guilty of robbery with violence. The jury wished to say they thought the younger Morris had been led into it by the elder Morris.
Morris, the elder, pleaded guilty to being convicted at North London Police Court on May 5 in the name of John Luton for robbery with assault, receiving throe months' hard labour. Further convictions proved: November 4, 1905, six months for being a suspected person on premises; December 5, 1899, larceny, one month; November 11, 1897, two months' hard labour under the name of Charles Waterman. Morris, the younger, was convicted on March 12, 1906, at Thames Police Court for unlawful possession of a blanket, and bound over. Two convictions were proved against Bogart for assaulting and resisting the police.
Sentence, Morris, the elder, three gears' penal servitude; Bogart, 15 months' hard labour; Morris, the younger, six months' hard labour.
WILSON, William (39, carman), pleaded guilty to obtaining by false pretences from Richard Evans the sum of 12s., from William Hayward 15s., from Edward Morris 10s., and from Charles Wharton 10s., in each case with intent to defraud. Sentence, nine months' hard labour.
ROLLEGHAM, Charles von (32, diamond dealer), pleaded guilty to having been entrusted by Desire Valentin with certain property, to wit, six ruby stones, in order that he might sell the same, did fraudulently convert the said property and the proceeds thereof, to his own use and benefit. Sentence, Six months' hard labour.
OLD COURT; Tuesday, May 22.
(Before Mr. Justice Sutton.)
Mr. Charles Mathews and Mr. Arthur Gill prosecuted. Danford Thomas appeared for prisoner.
Mr. Charles Mathews said he had read the depositions, and ife appeared to be doubtful whether the evidence would be sufficient to establish the fact that the child in question had had an independent existence, and, therefore, on the indictment for murder he proposed, with the assent of the Court, to accept a verdict of not guilty on the charge for murder, the prisoner making a statement in the hearing of the jury upon which they could find her guilty of the crime of concealment of birth.
A jury having been sworn, the prisoner was heard to say that she was guilty of unlawfully concealing the birth of her child by secretly disposing of its dead body. The jury thereupon returned a verdict of not guilty of murder and guilty of concealment of birth.
Sentence, Three months' hard labour.
BRASHER, Elizabeth (35, machinist), pleaded guilty to feloniously using an instrument with intent to procure the miscarriage of Lilian Wells. Prisoner was not known to have done anything of this kind before; she said that she had done it to help Wells, who had a large family, and urged the prisoner to do what she did; she had received no money for doing it. Sentence, Twelve months' hard labour.
Sentence (May 23), Three years' penal servitude.
Mr. Beaumont Morice prosecuted. Mr. Purcell defended.
HARRY FINCH , Milford Cottage, Abingdon Road, Tottenham. On April 22, about one a.m., I was standing with Daisy North, my sweetheart, at the corner of 40, Shrubbery Road, Tottenham; that is about 30 yards from the stable in question. I heard the footsteps of someone going into the stable yard. I looked across, but saw no one then. It was as if someone had jumped the fence; two feet came down on the pavement with a bang. Presently we saw a man walking; he passed us so close that I was able to notice his dress, build, and walk, but I did not recognise him as anyone I knew. It was a wet starless night. He was coming from the direction of the stables, and went down Shrubbery Road. Just as he passed us we noticed flames in the stable downstairs and the reflection of fire in the loft. We followed the man down Shrubbery Road, and he took the first turning on the left; that is a short turning, not
lighted. We lost sight of him altogether. We went through the dark turning into Cornwall Road and looked both ways, but could not see the man. We ran back by the West Green Road to the stables; we saw no flames, but plenty of smoke. I ran to the fire alarm and rang the bell. I had known prisoner before, by sight only; I had seen him two or three times putting away his things at the stable; I did not recognise him at this time. The engines came and I went back to the fire. I saw a police-sergeant come with the prisoner. I went to the station; there I said to prisoner that he must have hidden himself because he could not have got away in such a short time and we were so close behind him. We saw nobody in Cornwall Road except a young couple walking towards West Green Road. I know of no short cut which prisoner could have taken from Shrubbery Road.
Cross-examined. I Had seen prisoner on other Saturday nights, about the same time, putting his barrow back in the stables. At the time we heard the footsteps inside the fence we heard a sound similar to a gate rattling. Before the magistrate I said, "I looked across and saw the prisoner We followed the prisoner down the road. I lost sight of prisoner." I did not mean by this that I then recognised this man; I recognised him at the station afterwards. When I saw a man coming away from the stable and run past us I did not call out; I was wonderstruck at the time. When I got to the fire after my chase of the man, Smylie was there; he was trying to get the gates open; I do not think he was struggling to get the barrow out. Between the time I first saw a man leave the stable and the time I rang the alarm the interval was 10 or 15 minutes. The window of the loft through which I saw the reflection of fire is a very small window.
Re-examined. Before the magistrate I think I did not myself use the word "prisoner"; I used it once at the police court by a slip.
DAISY NORTH , 40, Shrubbery Road, Tottenham. On the early morning of April 22 I was standing in the doorway with my young man, Harry Finch. I heard footsteps in the direction of the stables; we could not see anyone, and took no notice. Then we heard as if someone had jumped to the ground, and the gates rattled. Then we saw flames, and we saw a man come from the direction of the stables towards us; he was not two yards away from the stable gates when I first saw him. He passed us and went straight up the road till he got to the dark court. We followed him; I saw his back, not his face. I did not then recognise him; when the accused came up afterward
with the sergeant I recognised him as the man who had passed us; I knew him by his dress and build and walk. Nobody else had passed us that night. We ran back to the stable to see if the fire was really bad; there was plenty of smoke, but no flames. When the fire first started all I saw was flames coming from the lower window.
Cross-examined. I am sure I had seen flames coming from the window. The footsteps we heard must have been inside the stable fence. I had known accused by sight for three months; I had seen him putting his things in the stable. I noticed flames first, and then I saw accused three yards away; before the magistrate I said eight or nine yards; I can only roughly guess; I did not measure. [Passages in the depositions were put to witness in which she was recorded as saying that she saw "prisoner," followed "prisoner" lost sight of "prisoner" etc. I do not think I myself used the word "prisoner"; that it the way my answers were taken down. I did not actually recognise this man until I saw him with the sergeant. When we got back to the fire I saw three or four men there; one may have been Smylie.
SMOLLETT EDDINGTON , Superintendent, Tottenham Fire Brigade. On April 29, at 1.29 a.m., we were rung up, and I proceeded with a steam engine to this fire; a motor chemical engine had already arrived there. I found a very serious fire going on in a brick stable; it had been burning 26 minutes before we got there, and had a good start. On entering, in fact, before I got properly inside, I noticed a strong smell of paraffin; just inside there was that smell very very strong indeed; so much so that I went out and called a police sergeant, and drew his attention to it. On going to the other side, near the pony-stall, there was the same smell again, and I again fetched the sergeant. On searching the place I found the pony dead; it was terribly charred; a dog also dead and charred was lying by its side. There was a great body of flame at the start; the chemical engine quickly got it down; but it kept on re-igniting. That was due unquestionably to the presence of oil, and in a very considerable quantity. There could not have been such a sustained fire unless a large quantity of paraffin had been used. After the fire I found the remains of altogether four naphtha lamp, such as are used on a barrow; the container of one was lying immediately behind where the pony had stood; three others were about where the barrow had been. I do not suggest that these had been purposely left somebody. Outside I found a can that had contained oil. I made every possible search for the remains of any harness, and could find none—not a buckle. After the fire had been put out I had a conversation with prisoner. I asked him whether the contents of the stable were his property; he said,
"Yes." I said, "Are they covered with insurance?" He said, "Yes, £140, a portion of which is on the pony." I asked what time he had left there; he said he left the place locked up and quite safe at half past twelve. I said, "Can you account for the presence of paraffin oil in this fire, because there has been a lot of it?" He said, "Yes; I use paraffin oil in my naphtha lamps there would be about a pint or rather under; I put them out in Kingsland Road"; that would be about three miles off. I told him that certain persons had identified him as having been seen leaving the premises after one, and that he had been seen jumping over the fence. He said, "How could I jump over the fence when I had to bolt the gate. I wish I knew who said so, I would make them prove their words." I said, "No doubt an opportunity will be afforded you of doing so." He said, "I was outside West Green Station at 12.15; here is a man who can prove what time I returned"; he pointed to Smylie, who said, "Yes, I can answer for that." When I was having this talk with him, prisoner seemed a little nervous; he choked rather, once or twice, but I should not say he was excited.
Cross-examined. When I got to the fire the gates were open; my men had been in. The can we found outside would have held not more than a gallon of oil; it was empty. The four lamps, the remains of which we found, were the ordinary flare lamps used on costers' barrows. If these lamps are defective, of course they will leak. Yes, a little paraffin makes a great smell, but a lot of it makes more.
HENRY STALLARD , second officer, Fire Brigade, Tottenham. When I got to the fire the stable was well alight. When I went into the stables I noticed a strong smell of paraffin on the right-hand side of the door. There was a great flame. After the chemical engine had got the fire down, it lit up again; that happened twice. I think; that is the kind of thing we find in paraffin fires. Inside the stable door I found a gallon can; I smelt it, and it evidently had contained paraffin; I placed it outside the door, where the last witness found it. In the stable there were the remains of four naphtha lamps; also a pony and a dog burned to death. Before I got there the barrow had been pulled outside; it was in flames.
Cross-examined. There was straw all about the place.
FRANK BUNN , police-sergeant 92 N. I was at this fire. Eddington called me inside the stable, and I noticed a strong smell of paraffin just inside the crockery store; a bit later he called me in again, and on going to the back of the stable I again noticed a strong smell of paraffin. At the station, while prisoner was being charged, he said, "What am I being charged for?" On my reading the charge to him he replied, "I did
not set about it; I locked up about quarter to one and went home."
CHARLES BUTTON , police-constable 687 N. On April 22 about 12.15 a.m. I was on point duty in High Road, opposite Seven Sisters Road, when I saw prisoner; he was driving a pony attached to a coster's barrow, going in the direction of West Green Read. I saw him again about quarter past one about opposite St. Anne's Road Police (Station; he was walking towards his home in Victoria Crescent; he was going rather quickly. I was with P.C. Lake. Lake said to prisoner, "Good night," and prisoner replied, "Good night." Three minutes after that I heard a whistle blown and saw flames from, this stable. I have known prisoner by sight for four or five years.
Cross-examined. I have known him as a steady, hard-working, respectable man. When I saw him driving there was a lighted lamp on the barrow.
ARTHUR ASSERTON , police-sergeant 90 N. On April 22, at 2.15 a.m., I saw prisoner at his home in Victoria Crescent. I asked him if he occupied stables in Shrubbery Road. He said "Yes." I told him there had been a fire there. He said, "Did they get the pony out?" I said, "No." He said, "Did they get my barrow out?" I said, "Yes, but it was badly burned." I requested him to come to the stable. I asked him if he was insured. He said "Yes," but he did not know in which company. On arriving at the scene of the fire a statement was made to me by the captain of the fire brigade and two private witnesses in prisoner's presence, and, in consequence, I took him to the station. I asked him if he had extinguished his light before he left the stable. He said, "Yes; I use an ordinary carriage lamp that hangs at the side of the wall; I blew it out before leaving."
WILLIAM SOPER , police-inspector, N Division. On April 22 I saw prisoner at the police station with reference to the question of bail. He said, "I have already asked them for bail, but I am wrongly charged. I misled the insurance company, as to the value of my stuff, but I can assure you I did not set the place alight. I may have dropped a match, and if I did I am sorry for it. On searching the stable next day I found the remains of a very small carriage lamp, practically destroyed by fire. I also saw the naphtha lamps and oil can spoken to by previous witnesses.
FREDERICK IVED SHEFFIELD , loss clerk to the Phoenix Fire Insurance Company. I produce policy taken out by prisoner on April 18, 1904. It insured goods at that time at 149, West Green Road, By an endorsement of March 24, 1906, the address is altered to 16, Clinton Road. The insurance is for £20 on a pony and harness, £15 on a cart, £5 on a barrow, and £100
on stock-in-trade. The premium is 5s. 6d. per annum; the lowest premium we accept is 3s.
Superintendent EDDINGTON, recalled (by Mr. Purcell). I examined the loft, and found nothing except a box, which was charred, and a dead dog—suffocated.
Prisoner's statement to magistrate. "I am not guilty. What I told the sergeant is true. I did not set light to it. I had lamps and straw there in the ordinary business way, and also the oil. I have stored them there in the same way for the last four or five months, ever since I have been there, and also at my previous place, and the place before that. I knew nothing of the fire till I was called out of bed by my wife. I had the pony for the last five years. The dog was a pet in the family; so was the pony. I have been in this neighbourhood seventeen years, and this is the first time I have ever been accused of anything. I reserve my defence and shall call witnesses at the trial."
(Evidence for the defence.)
PRISONER (on oath). I am a street seller and job buyer, dealing in china and glass. I have been carrying on that business for six or seven years. In 1904 a close neighbour of mine was burnt out and my stock might have caught fire too; my wife then begged and prayed of me to be insured, and I took out a policy. I pay Smylie 4s. 6d. a week for these stables; I used them for keeping my pony and barrow and my stock Summer time and just before Christmas is my busy time; about April trade would be slack, and I should not have much stock. On this night I drove to the stables as usual. I had on the barrow a colza oil carriage lamp and four naphtha lamps; only the colza lamp was lighted. That night I had only had three out of the four naphtha lamps in use. I filled the lamps as usual on Kingsland Waste. I bought the oil from another coster who hawks oil to all of us down there; I got four half-gallons and half a gallon in the can. When I passed the policeman at 12.15 I had the half-gallon in the can and also the half-gallon in one of the lamps that I had not used. When I got to the stables I unlocked the doors and backed the pony in; then I took the carriage lamp off and hung it on the wall. On the other side there was a candle lamp, which I lit with a match. To get to the stable from where the constable on point duty saw me would take me 10 to 15 minutes; I was at the stables at 12.25 or 12.30. Unharnessing and feeding the pony and so on would take me 20 or 25 minutes. Where I left the can was a place where it might be knocked down by anyone struggling to get the barrow out. I locked up the place from the outside and went home. There is no truth in the suggestion that I jumped over the gate or the fence. Everything was, as I thought, in safety when I left.
In addition to this insurance, I have a policy on my furniture at home, £150.
Cross-examined. In March last I was in the same position as I always am at that time of the year; business is always bad then. I had a County Court judgment out against me, not for £19, but another amount I did not mislead the insurance company as to the amount of my stock; I have had as much as £140 or £160 of stock there; I had not so much in March. The insurance included the harness. I cannot account for the police saying that no trace of the harness has been found; if the leather is not there, the brass work must be; the buckle must be there. I recollect passing Button on my way home, but he is wrong in saying that it was 1.15; it was only just after one. I had put out all the lamps on Kingsland Waste; there may have been some oil left in some of them; there may have been one alight when Button saw me at 12.15. I was in the stables about 20 minutes; I should think it would be about five past one when I left. There was no one there except me; Finch and North must be mistaken in saying they heard footsteps. If anyone else had been in the stables I must have known it. I will swear that no one followed me down Shrubbery Road. This is what I meant by my statement to the inspector about a match; there was no light, in the stable, and I lit the candle lamp hanging on the wall; I admit that I may have dropped the lighted match; I generally put the match in the candlestick, but it is possible that I dropped it this time. When Eddington asked me how much stock there was I said £70 or £80; what I meant was, including barrow, pony, harness, and stock. The can of oil spoken of I took off the barrow and put just inside the stable as I always do. As to accounting for the strong smell of paraffin noticed by the firemen, I can only suppose that the can had got knocked over by someone pulling the barrow out. The only oil in the place was in that can and in the lamp hanging on the wall; if there was paraffin in other places it must have been washed about by the hose.
(Wednesday, May 23.)
HENRY WILLIAM SMYLIE , grocer, West Green. I carry on business at the corner house, Clinton Road and Shrubbery Road. The shop and premises and two houses adjoining belong to me. I rent the stables in Shrubbery Road on a 21 years' lease. They adjoin my garden. I have known prisoner about three years. For about three months I have sublet the stables to him at a rental of 4s. 6d. a week, which he paid regularly. The outer doors of the stables are locked by a padlock with a patent lock. Then there are the street gates of which both Quigley and I had a key. I used the loft of the stables for
keeping grocery and trade utensils. I also kept things in the yard. I know Quigley treated the pony well, and I had often admired it. He also had a little dog which he kept in the stables, and I kept a dog in the loft. On Saturday, April 21, I closed the shop at ten minutes past twelve, and as I was having my supper in the kitchen I heard Quigley go by with his cart. Being familiar with the sound of the passing cart I am sure it was Quigley. Sometime after I had gone to bed I was aroused by knocking at the street door. I went to the window, and saw a customer who lives opposite the stables. He said, "I believe your stables are on fire." I put on enough clothes to cover me, and taking the key of the outer gates went to the stables which I found padlocked in the ordinary way. Smoke was issuing above the stable door. I undid them and went to the smaller door inside the yard with the object of getting the pony out. They are two big doors and a smaller door at the side. The big doors were padlocked as usual. I then ran to the outer gates and told a little boy to run and give the alarm, whereupon Finch said, "I will go; I can go quicker." I then noticed Finch for the first time. I next got hold of a ladder, and with the assistance of a young man made a charge at the stable doors to see if we could force them, but we made no impression. I then ran across the yard, and asked for a hammer, and they brought me a mason's hammer, and with the first blow the lock flew off and I pulled the doors open. The interior was full of dense smoke, but I could see the barrow with a long board at the top. As I was endeavouring to get the barrow out the smoke seemed to light up into a flame. I noticed that there were lamps on the barrow. I pulled the barrow out half way and then the outer gates closed and jammed it. I then became frightened for myself, and ran off to Avenue Road, where there is a fire alarm. I should say I was away fully ten minutes, and when I came back the barrow was in the road burning round the edge and the firemen were playing on the stable. The day before yesterday Mrs. Quigley asked me if there was any harness in the stable, and I said I would look, and in the search I came across the remains of the burned harness (produced). I should not have allowed anyone to go into the stables without my permission after the salvage man was withdrawn, which I believe was on May 5. I should not have been so arbitrary about the key, but I had written to the insurance company asking if they would undertake the responsibility, they having instructed the landlord to replace the premises, and they replied avoiding the question. I found the harness in the stall near the manger. The hames were hanging on the wall.
Cross-examined. I cannot say at what time prisoner came away from the stables. I should say there was a great deal of
smoke. I did not notice any smell except the ordinary oil smell. Previously to the day before yesterday I had been in the premises several times, but not to make a search. The salvage man was always there. I am not aware that both the police and the salvage people had made a considerable search over the premises to find what there was, and took account of the things that were found. Possession of the premises was given up by Mrs. Quigley on May 5, and since that time I have kept the place and not allowed her to go in. I did not do anything on the occasions when I was present with Superintendent Eddington or the salvage man. The matter did not interest me. I was not covered by insurance myself. I simply went to hear the rights of the case; that was all.
To the Court. The first thing I noticed was smoke coming through the crevice over the door. I did not notice any smell of paraffin then.
Verdict, Not guilty.
NEW COURT; Tuesday, May 22.
(Before Mr. Recorder.)
REARDON, John (22, labourer), pleaded guilty to stealing a gold watch value £10, the goods of Alfred Charles Black, from his person. Also to having been convicted of felony at Clerkenwell Green on April 7, 1903, in the name of John Wilson, and to other convictions. Sentence, Twelve months' hard labour.
Mr. Black prosecuted.
CHARLES PALMER , carman, Marsden Street, Kentish Town. On April 26 last, about 8.15, I went with a friend into the "Eagle" public-house, Farringdon Road, and called for two drinks. Prisoner was there. I did not know her. She tried to get into conversation with me. She called me a bastard. She was ejected, but returned and struck me in the eye with a hair-pin. I am still a patient at the hospital, and my sight is injured.
Cross-examined by Prisoner. I never spoke to you.
THOMAS MURPHY , M.D. (Divisional Surgeon). I examined prosecutor about 9.45 on April 26. He had several small scratches on the face, and a small punctured wound on the ball of the left eye—that was unimportant. There was a punctured
wound on the outside of the right eye-ball close to the pupil, with an effusion of blood under the white covering of the eye. It was not done by the finger nail, but by some pointed instrument such as a hair-pin. He is a carman, and cannot carry on his vocation with spectacles. He will probably recover the sight to some extent.
----BRIAN (P.C. 186 G). I arrested prisoner. On the way to the station she said, "He called me a whore, and hit me with his fist."
Cross-examined. You were walking when I met you. Prisoners statement before the magistrate. "He insulted me first and was going to punch me."
PRISONER (not on oath). That is the truth. He was going to punch me and called me a whore. I up with my hands, and thought he was going to punch me. I have had such dreadful blows. I did scratch him, but only with my nail. I never done such a thing with a hair-pin. I never used such words to him. Verdict, Guilty. Prisoner pleaded guilty to a conviction for felony on December 3, 1901, at Clerkenwell Green. Sentence, Twelve months' hard labour.
THOMAS, Herbert John (45, clerk) . On May 3, being the occupier of certain premises, 76, Bartholomew Close and assisting in the management and control thereof, unlawfully did attempt to induce a certain girl, Violet Clack son, above the age of 13 years and under the age of 16 years, to resort to the said premises for the purpose of being unlawfully and carnally known by himself. Also with attempting at other times to do the same thing.
Mr. R. D. Muir prosecuted; Mr. George Elliott and Mr. Basil Watson defended.
Mr. Watson, in submitting to the court a preliminary abjection to the indictment, said the charge was presumably laid under Section 6 of the Criminal Law Amendment Act, 1885, which made it an offence for any person having the management of, or assisting in the control of premises, to induce a girl under the age stated to enter the premises for an immoral purpose. Prisoner was not indicted for that; but for attempting to induce the girl to resort to the premises, which offence was dealt with in Sections 4 and 5. In Section 6 it was purposely left out, and therefore under that section it was no offence to attempt to induce the girl.
The Recorder overruled the objection. On the application of Mr. Basil Watson, he agreed to state a case if it should become necessary.
The case was then proceeded with and the prisoner was found Not guilty.
THIRD COURT; Tuesday, May 22. (Before the Common Serjeant.)
KING, George (39, packer), BRACEY, William (30, labourer), LOCKETT, Thomas (packer), LOCKETT, Edward James (31, packer) ; stealing 200 gramophone records, the goods of H. G. Ferguson Davie, the receiver and manager of the Nicole Record Company, Limited, the master of the said W. Bracey, and feloniously receiving same.
Mr. Lambert prosecuted. Mr. Wildey Wright defended the two Locketts.
JOHN SOLON , 47, Helmet Street, St. Luke's, carman to Pickford and Co. On April 25 I called at Nicole Fre✗res, Limited, 21, Ely Place, Holborn, and saw King and Thomas Lockett. I received 12 cases for Evans, of Barking Road, one case for Harrod's Stores, and two cases addressed to George King, 24, Fort Street, Spitalfields. The two last were not entered in the parcels' book, but I signed for the other 13. King told me the other two were "Privates" and Thomas Lockett paid me 1s. for carriage. I then took them to our depot. The following morning I called at Ely Place, and King said, "Those two cases have not arrived," that they were wrongly directed, and should have been sent to 20, Fort Street. I reported the change of address at our lock-up and was given a memo, demanding 1s. additional for carriage, which I took to Ely Place. I saw Edward Lockett and he paid me the shilling. King and Thomas Lockett were also there. They all heard what passed. I presented the form and asked for an extra shilling for two cases for King, Fort Street, Spitalfields.
Cross-examined. I called at Ely Place twice a day. The cases were delivered at 11.15 a.m. There were other workmen about and everything was done openly before them. I asked King for the money for the carnage. King asked Thomas Lockett to lend him 1s. and Thomas Lockett gave it to me.
WILLIAM WALKER , 20, Cressington Road, Stoke Newington, carman to Pickford and Co. On April 26 I received two cases at City Road Basin directed to George King, 24, Fort Street, Spitalfields, took them to that address, found it was a public-house, and the name of King not known. I then returned the cases to City Road Basin.
ARTHUR BARTRAM , superintendent at Pickford's, City Road Basin. On April 27, finding the cases were wrongly directed, I telephoned to Nicole Fre✗res and afterwards saw Mr. Tewson, the manager and receiver, with King. The cases were then handed to the police.
Lockett being also housekeeper, living on the premises. On April 27, having received a telephone message from Pickford's, I called up the two Locketts and King and asked them if they knew anything about the two boxes which I had heard from Pickford's had been sent from Ely Place addressed to King, of 24, Fort Street. They denied all knowledge of the matter. I asked King his address. He told me it was Weaver Street, Spitalfields. King denied all knowledge of Fort Street and said his name was not G. King, but E. J. King. King and myself then went to Pickford's. We saw Mr. Bartram, the superintendent, who showed us the boxes labelled. King denied the labels were his writing. The boxes were then opened and found to be full of records. King was then taken to the police-station and detained. I then returned to Ely Place and saw Edward Lockett, who again denied all knowledge of the matter. The next day, April 27, the two Locketts came to my office and said they had had a hand in sending off the two cases, but that' the records had been given them by Bracey at the factory. Edward Lockett said he had given them to King and that he had written the two labels. My firm are the selling company for the Nicole Record Company, the manufacturing company exclusively of these records.
Cross-examined by King. You did say at Pickford's you knew the cases were going to your place, but that you did not see the contents of them and that Thomas Lockett knew nothing about them and only paid 1s. because his brother was ill in bed—or something to that effect.
Cross-examined by Mr. Wildey Wright. The two Locketts have been employed by the company six or seven years and have both borne an exemplary character. Large quantities of goods have passed through their hands. Edward Lockett had been promoted to be housekeeper. Since my appointment on March 23 I have been at Ely Place every day and am there nearly all the time. These are the only things I can prove to be short in the stock.
RICHARD BASDEN , chief clerk to Mr. Ferguson Davie, chartered accountant, and receiver on behalf of the bondholders of the Nicole Record Company, 147, Great Saffron Hill. The records contained in the two boxes are the property of the Nicole Record Company. They are worth when perfect 3s. 6d. each retail. The imperfect ones are sold at 1s. each, or are sent back to the works to be refaced or recoated, or, if useless, are destroyed. Bracey is night watchman at Great Saffron Hill. He is not, the caretaker, but he has access at night time all over the building. There are 200 records in the two cases. I have examined about two dozen, and half of those could be recoated, the others would be destroyed, [It was arranged that the witness should (with Charles Aberdean on
behalf of the prisoners) examine the records throughout. After an interval witness was recalled and stated as follows]: There are about 200 records. Twenty-one are fit for sale as perfect. The others are mostly perfect on one side and could be recoated on the other.
Cross-examined. I go to the works every day. I understand about the raw material of records. It is a mixture of celluloid and other matters, and is expensive. All except 20 or 21 of these records would have been thrown out at faulty—not rubbish. 1s. 7d. is the wholesale price of the perfect records. A great many were sold to Messrs. Gamage at 3d. each or less, some as low as 1d.; 3/4 d. was the lowest.
Re-examined. 60,000 or 70,000 records were sold to Gamage. They cleared out the whole stock at the beginning of April, three weeks after the firm stopped.
JOHN THISTLE , police-sergeant, E Division. On April 27 I saw King at Shepherdess Walk, and took him into custody for stealing two cases containing gramophone records. He said, "All right, sir. Others are implicated in this. I knew the cases were going to my house, but I did not know what they contained until I saw one opened. The carman will tell you who the others are." On April 28 I saw the prisoner Bracey at one p.m. at the Record works. I told him who I was, and that George King, Edward Lockett, and Thomas Lookett were in custody on a charge of stealing two cases containing 200 gramophone records. I said, "Edward Lockett says they were given to him by you." He said, "Nothing of the sort. If he says that it is false." When at the station, in the presence of the two Locketts, I said to Edward Lockett, "This man denies it." Bracey then said, "I did give him some records, at he called on me several times in the evening, and asked me to get him some, as he knew where he could sell them, but I have not received any money for them." All the four prisoners were charged at Gray's Inn Road police-station and made no reply.
Cross-examined. When I spoke to Bracey on the first occasion I had not the intention of taking him into custody. I went to see Bracey to bring him up as a witness against Lockett.
JOSEPH JOCELYN , police-constable, E Division. On April 27, at 10 p.m., I went with Mr. Tewson to Ely Place and saw Edward Lockett. I told him we were police officers making some inquiries about some gramophone records which were at Gray's Inn Road police-station, and that George King was detained for stealing them. He said, "I do not know anything about them. I would not do such a thing in my position." At 10 a.m. the next day I went again with Sergeant Bissell, and in the presence of Mr. Tewson the two Locketts were sent for.
Edward Lockett said, "I admit I had them. The watchman at the warehouse in Great Saffron Hill gave them out to me. I
brought them round here a fortnight ago. King told me to send them to his place, and I addressed them and sent them off." Thomas Lockett said, "I paid for them on the first occasion. They are old ones." They were taken to Gray's Inn Road Police Station and charged.
Cross-examined by Mr. Wildey Wright. I had not the intention of arresting Edward Lockett until he made the statement. I asked him what he knew about them. Thomas Lockett did not say "I paid 1s. for them to be sent," but, "I paid for them on the first occasion." If it is on my deposition at the police court, "I paid 1s. for them to be sent," I do not think I said that.
GEORGE KING (prisoner on oath). I knew nothing about the records being stolen. They were simply given to me as no use whatever, nine or ten days after being taken from the factory. I never saw them until I saw them at Pickford's. Edward Lockett said he had a few records, and, being under discharge, the company being in liquidation, he did not know where to keep them. I said, "If they are no good to you, send them on to my place." I gave him the address, and he put it down wrong. I did not hand Pickford the cases; it was Thomas Lockett.
Cross-examined. I have packed thousands of records, and I know my employers did a very large business in them. Edward Lockett said he had a few old records given to him, but they were of no use. He said, "I do not know when I shall get my discharge, they are very suspicious here, I do not know what to do with them." I said, "Send them on to my place, they won't eat anything." They are completely worthless, they are no good to me. It was done in the impulse of the moment. I did not intend to use them; I had no gramophone. Thomas Lockett paid the first 1s. because his brother was ill. Edward Lockett paid 1s. the second time. It was entirely on his own behalf. I do not recollect whether I told the carman they were two "privates." When I told Mr. Tewson I knew absolutely nothing about them, it was true in one sense and not true in another sense. I denied all knowledge of the matter. I admit I denied it. I denied all knowledge of Port Street. When the policeman asked me about it I said, "All right." He said, "Who is the other chap?" I said, "I am not going to implicate anybody. If you want to know ask the carman." I admitted that I knew the boxes were going to my place to Mr. Tewson in the hearing of the police.
EDWARD JAMES LOCKETT (prisoner, on oath). I am married and have two children. I have never been in any trouble or had a charge made against me. Bracey one night stopped me and asked me if I wanted a few old records. I said, "Yes; I do not mind." I knew the firm were in the habit of burning
old records. I thought they would amuse the children if I could save up some money and buy a machine. I had no idea I was doing wrong. I cannot say when Bracey first spoke to me about the records, it is so long ago. Bracey and I carried them round to Ely Place. I put them in the basement in parcels as I received them, and placed them in two boxes, where other workmen were constantly about, and they were removed about nine or ten days afterwards. There was no concealment. It was about 8.30 p.m. when I took them round. I did not take them upstairs because I wanted to go out. When they were being sent off I went round to King and said, "I have got some old records here; they were given me by a chap down in the factory. They are of no use to me, anybody can have them," and King told me to send them round to his house—"they would not eat anything." I had given up the idea of buying a gramophone because I could not afford it. I have never obtained or sought to obtain a farthing benefit from them. They were sent away two days alter I spoke to King. I was not there when they were sent away, as I was ill in bed and I paid the 1s. for them the next day, when I also paid the second 1s. on being asked for it by the carman. They were only sent away to get rid of the things. I did not want them, they were no good to me. I do not think I said to King that the firm were very suspicious. The firm were very suspicious all the time I worked for them. I told Mr. Tewson I did not know anything about them because I did not think what I was saying at the time. I was taken by surprise. The labels were in my writing. I put them on two days before the cases were sent off. I afterwards told Mr. Tewson they were given to me by the man at the factory, who told me they were given to him as old records. I told Mr. Tewson I wrote the labels. I am a packer and housekeeper. I should have known good records from bad had I seen them, but I never saw one of them until they were opened at Gray's Inn Road Police Station. Bracey did not say in my presence he had given me some old records, as I called on him several times in the evening and asked him to get some, as I knew where I could sell them. I never heard a word of that.
Cross-examined. At the station I only heard the words, "This man denies it." I knew Bracey as working in the firm before he became night watchman. When Mr. Tewson asked me first it did not run across my mind about those two cases. I did not say to P.C. Bissell, "I would not do such a thing in my position"—it is untrue. I had never had other records from Bracey.
of them burnt monthly. I asked Edward Lockett if he would like a few, and I did them up and gave them to him and helped him round with them to his place. He was outside the factory, and I brought them to him and helped him round with them to Ely Place. That is all I can tell you about them.
Cross-examined. I had never taken away useless records before, but I have broken them up and they have been burnt. I daresay if I had asked I would have been told I could have them. I did not ask. I removed them at night time after everybody had left the premises. The record handed to me, one side being bad, would be no good at all, it would be broken up. They were kept in a heap on the first floor. There were hundreds more of them there. I packed them in the cardboard boxes as easier to tie up, and removed them at night. When the police asked me I said it was false. I was not to know that King and the other fellow had anything to do with these records at all. I gave them to Edward Lockett. When the detective said he had come about two cases I did not know anything about the cases. I told Sergeant Bissell I had given Edward Lockett some records, I thought they were no good. It is untrue that I said he had called on me several times and asked me to get him some, but I had not received any money for them yet. I said nothing of the sort. I have known Edward Lockett five or six months from working round there on day work. I was only night watchman three weeks. I gave them to him as I would to a man who was almost a stranger, because I knew they would have to be burnt—they were no good.
THOMAS LOCKETT (prisoner on oath). I knew nothing what ever about these records. I first heard of them when they were being sent by Pickford's. The carter and King carried the two cases up with 13 others. Pickford came downstairs and asked King what the two were. He said they were two privates. Pickford said they would be 1s. King said, "I have not got 1s. Have you got 1s. on you?" So I paid the 1s. for King because he asked me for it. I did not think there was anything wrong. Mr. Tewson asked me how many cases I had sent off. I told him 13—12 for Evans, of Barking, and one for Harrod's. He said Pickford's had got two cases, but I did not attach much importance to it at the time. On Saturday morning Mr. Tewson asked me, and I said, "All I know about this is I handed Pickford 1s."
Cross-examined. I am a packer. It is not my duty to send the package by the carrier as a rule. I entered the 13 in the parcels' book for the carman to sign. It did not occur to me what the other two were. I did not see the address. I did not hear King say they were two privates. King asked me for the shilling. I know Bracey by sight and have spoken to him.
I was not on the premises when the records were brought round. I saw the two cases lying in the basement two days before they were removed. I have no idea when they were packed. Looking at the labels, they are the firm's label with the name cut off, which is at the side. I told P.C. Jocelyn I did not know anything about it—I only paid 1s. for the cartage.
Re-examined. When I paid the shilling for the cartage my brother Edward was upstairs in bed ill.
Verdict: King, Edward Lockett, and William Bracey, Guilty; Thomas Lockett, Not guilty.
King pleaded guilty to a conviction for felony on August 19, 1902, at Mansion House. Two months' hard labour. Convictions proved: Two months, North London Sessions; nine months, North London Sessions; 14 months for robbery with, violence in the name of John Davis; nine months, North London Sessions, on August 25, 1898; three months, January. 1899, for larceny; three months for stealing a watch, in the name of John King; eleven previous convictions in all.
Sentence: King, three years' penal servitude; Bracey, nine-months' hard labour; Lockett. six months' hard labour.
FOURTH COURT; Tuesday, May 22.
(Before Judge Rentoul.)
CAPPS, Thomas (25, labourer) , indicted for stealing a pair of boots, the goods of David Wells, then being in a certain barge called the "C. T. F.," lying in the navigable river Lea, and feloniously receiving same, and assaulting John Marshall, a metropolitan police-constable, with intent to resist and prevent the lawful apprehension, of himself; pleaded guilty to the assault.
Mr. Bodkin prosecuted.
Wells was a stevedore, or lighterman, and at midday on April 21 left the boots in the cabin of his barge, and at six o'clock found the door of his cabin had been forced and the boots had disappeared. Information being given to the police, the same evening Sergeant Marshall found the prisoner in a public-house with the boots in his possession and endeavoured to arrest him, but, after a struggle, prisoner escaped. Marshall was invalided from April 21 to April 27. Nine convictions were proved against prisoner.
Sentence: Four years' penal servitude.
DACE, William (30, porter), and HARVEY, Charles (38, coster) . Breaking and entering the warehouse of Albert Walter King and stealing therein six meerschaum pipes and other articles, his goods, and feloniously receiving same; occasioning Actual bodily harm to William Buck.
Mr. J. F. Vesey FitzGerald prosecuted.
EDWARD MARLOW , silversmith, employed by Albert Walter King, 8, St. John's Lane, Clerkenwell. On the afternoon of Saturday, April 21, I locked the premises securely with Mr. King, the doors of the shop and also the front doors of the building. On the Monday morning when Mr. King came the workshop was found wide open; there were some jemmy marks on the door, and the padlocks had been forced off and put on the counter of the office. The property in question had been left on the shelves as stuff ready to be mounted the following week. Looking round the shop, I saw all the contents of the shelves and benches scattered about on the floor. The stolen property included: Three dozen silver bands, one and a half dozen square amber mouthpieces, one vulcanite mouthpiece, bent; three dozen square amber mouthpieces and eight vulcanite, bent; one companion case, six dozen and five silver bands, three dozen and two silver bands, four dozen and ten square amber mouthpieces, one dozen and five flat amber mouth pieces, three dozen complete pipes in cases and other similar goods. The majority of the pipes were in what are known as chamois cases. Half a dozen meerschaum pipes were also missing. The value of the total stolen goods was about £20. About £12 of the property has been recovered and identified.
To the Court. We are known as silversmiths, and I identify the goods by the marks on the bands.
WILLIAM BUCK , school keeper of the London County Council School, Albion Place, Clerkenwell. The school is situated where there are three thoroughfares, Albion Place, St. John's Lane, and Eagle Place, and King's premises almost abut on to the school premises. The playground of the school is enclosed by a wall about 8 ft. high. At 11 o'clock on the evening of April 21 a constable knocked at my door and called my attention to two windows being open. In consequence of what be said I went into the playground to close these windows, and when I entered the playground from the back entrance I saw a short man. I said, "What are you doing here?" I then turned round and saw another man. I was able to see them well owing to the reflection of the incandescent burners in Eagle Place. I recognise Dace as the man I saw in the play-ground. I turned round to go to the house for assistance and do not remember anything after that. The next thing I remember I was having a stitch put in my forehead at St. Bartholomew's Hospital at 1.25 on the Sunday morning. On April 25 I
went to the police station where I saw some eight or ten men drawn up in line. There was a tall man and a short man. I identified Dace, but I am not certain of the taller man.
To Prisoner Dace. I did not identify the tall man first. I was certain of you, and said to the police inspector, "That is one." I did not recognise you through having seen you in Farringdon Road with a barrow. Previous to April 21 I had never seen you in my life.
To Prisoner Harvey. I did not recognise you as the second man.
ARTHUR FLETCHER , Police-constable, 158 G Division. On the evening of April 21 I was called to the school playground in Albion Place. I saw Buck lying on the ground bleeding from a wound on the head, and I sent another policeman for the ambulance.
JAMES CUNNINGHAM , Police-sergeant, G Division. On the morning of April 23 I examined the premises No. 8, St. John's Lane, and found that access had been gained to them by climbing the low wall at the rear abutting on to the school yard and so over the ledge, forcing a window on the first floor, passing through the premises of Messrs. Hall and Co., stationers, forcing the door on the first landing, passing upstairs to the second floor and forcing the door of Messrs. King's premises. We found marks on the windows and doors corresponding exactly with the jemmy produced. There were scratches on the leads made by feet.
ANDREW KYD , Detective-inspector, G Division. About 12.15 in the early morning of April 25 I was in company with other officers in Baldwin Street, City Road. I went into the "New Fountain" public-house and there saw prisoner Dace with three other men. I told them I should take them into custody on suspicion of breaking into the warehouse of Mr. King, 8, St. John's Lane, on the evening of April 21, and stealing a large number of pipes, and further with maliciously wounding Buck, the caretaker of the L.C.C. School. None of the men made any reply, and I took them to the police-station. On searching Dace we found two pipes and two mouthpieces which have been identified by Mr. King as his property. Dace said a man gave them to him to sell, but he would not tell the man's name.
WALTER SELBY , Police-sergeant, G Division. At 10.30 p.m. on the night of April 26 I was in the City Road with Detective-Inspector Kyd. I there saw prisoner Harvey, who was carrying the bag produced containing some of the stolen property. I stopped him and said, "We are police officers, and wish to know what you have in that bag." He said, "Pipes." I said
"Where did you get that from?" He replied. "A man they call' Ginger' asked me to carry them. He is at the corner of Baldwin Street. We went to Baldwin Street to see if we could find "Ginger," but failed to do so. We then conveyed him to the Shepherdess Walk Police Station. On examining the bag we found it contained 39 pipes in cases and 125 mouthpieces. On searching the prisoner, in his trousers pocket we found the pipe and case produced and three mouthpieces. Prisoner then said, "Someone has given me away, but I shall have to put up with it. This is the first bit of stuff I have dabbled with since I came home." Mr. Marlow afterwards identified the property.
WALTER GERALD LOUGHBOROUGH , House Surgeon, St. Bartholomew's Hospital. When Buck was brought in at 11.35 on the night of April 21, he had a cut over the right temple and considerable bruising and swelling of the left cheek. The injury might have been caused by an instrument like that produced. The bruises might have been caused either by a fall or blow. He was detained for 12 hours, and at the end of that time was in a fit condition to go home, and has been improving steadily ever since. Buck was conscious when he was brought in, but his statement that he was rendered unconscious was quite consistent with the nature of the blow.
(Evidence for the Defence.)
In support of the statement that Harvey had received the pipes from "Ginger," "Ginger," otherwise George Alden, was called, but denied that he had given them to Harvey.
CHARLES HARVEY (Prisoner, on oath). On the Thursday following April 21 I was in a coffee shop called the "Standard," The witness "Ginger" said he wanted to speak to me, and we went for a tram-ride together. We met three or four men, and went into the "Three Crowns" public-house and had several drinks, and I kept in his company until about seven, when I told him I did not feel very well, and I wished to go home. He said, "If you are going home catch hold of this bag, and I will see you in the morning; take care of it." I asked him what was in it. He said, "There are a couple of pipes for you, and I will see you in the morning." That's all I know about it.
Verdict: Dace guilty on both charges, Harvey guilty of being in possession of stolen goods. Both prisoners pleaded guilty to previous convictions.
Sentence: Dace, four years' penal servitude; Harvey, nine months' hard labour.
STRONG, George (33, no occupation), obtaining by false pretences from Susanah Schuhkraft a bankers cheque value £10 and £2 in money, with intent to defraud; attempting to obtain from the said Susannah Schuhkraft the sum of £22, with intent to defraud.
Mr. Bodkin prosecuted; Mr. Hutton defended.
It appeared that Mrs. Schuhkraft formerly carried on business in Melbourne, and had since her retirement from business been living at Monte Carlo and latterly in London. Prisoner Strong made her acquaintance at Monte Carlo, and renewed the acquaintance in London. The false pretence consisted in his representing that he was entitled to an annuity payable through Messrs. Hellard, solicitors, of Portsmouth, and producing to her a forged letter bearing out that statement, and it was on the strength of these representations that the money was advanced. Counsel stated that Chief Inspector Kane was making inquiries into matters connected with the transaction, and asked that sentence on the prisoner might be. respited until next Sessions.
Mr. Hutton, on behalf of the prisoner, did not oppose the application, and stated that prisoner's brother who was now in Moscow was willing to make arrangements on his return for sending prisoner to Canada.
Prisoner was accordingly respited till next Sessions.
APPLEBY, George (18, carpenter), pleaded guilty to carnally knowing Edith Appleby, a girl above the age of 13 years, and under the age of 16 years. Sentence, Three months' imprisonment, second division.
Prisoner was married to Emily Horsfall in December, 1890, and after living with her for a time ill-treated and finally deserted her. He has since lived with several other women, all of whom he has treated badly. In the case of Matthews, who was a cook, he represented himself as a bachelor, and having seduced her went through the form of marriage.
Sentence, Eighteen months' hard labour.
WELSTON, William (otherwise Elston), pleaded guilty to forging and uttering an order for the payment of £10 4s. 8d., with intent to defraud; and forging and uttering a certain request for the delivery of goods, to wit, a banker's cheque book, with intent to defraud.
Prisoner some two or three years ago was in the service of Lady Chandos Pole, and by means of a forged order obtained a cheque book from Cox's bank and filled up a cheque in, the name of Lady Chandos Pole for the sum of £10 He then went to Mr. Squires, chemist, of Notting Hill and told him that he had come from Lady Chandos Pole, and asked him. if
he would oblige her by changing a cheque. Mr. Squires, knowing the name of Lady Chandos Pole, gave him £6 4s., and promised him the balance in the morning. On the following morning, April 27, Squires gave him a cheque on Parr's Bank, the endorsement for which prisoner forged, and so obtained the balance. At 4.30 in the afternoon of the same day he was taken into custody at Westbourne Grove on the charge of being drunk and disorderly, and upon his being searched the cheque book with 47 cheques was found upon him. Sentence, Nine months' hard labour.
The robbery was committed on May 18. Prisoner took up a stone, and having broken the window, put his hand in and took out three silver watches of the value of £17 5s. and made off. The action was noticed by a passer by, who ran after him till he was caught by Sergeant Clinton.
Prisoner, who had been twice previously convicted, was sentenced to 12 calendar months' hard labour.
YERVIS, William John (28, labourer), pleaded guilty to breaking and entering the shop of Spiers and Pond, Limited, and stealing therein 33 bracelets and six cigarette cases, their goods, and feloniously receiving same.
It appeared that the premises were entered during the night by prisoner climbing a stack pipe, and property to the value of £50 was taken. Prisoner was arrested at Portsmouth, but only one cigarette case was found upon him.
Judge Rentoul said that if there were restitution of the property it would make a vast difference in the sentence.
Prisoner said he could not tell what had become of the property. He had fallen into the clutches of a gang, and was under the influence of drink the whole of the time.
Sentence, Eighteen months' hard labour.
Prisoner had been in the employ of Mr. Murray Harris, a builder, on salary and commission, and having received a cheque for £10 from one customer he got it cashed by another customer by forging the endorsement.
discharged in consequence of some irregularity which could not be brought home to him.
Sentence, Two calendar months in the second division.
OLD COURT; Wednesday, May 23.
(Before Mr. Justice Button.)
Mr. G. H. B. Kenrick prosecuted.
LOUISA HAMMERSLEY , 21, Coral Street, Lambeth. I am a single woman living in my mother's house. Prisoner lodged in the same house, and we were keeping company. On the evening of May 7 I went with him to the Radical Club concert. I left him there and went out alone, and was away just under half an hour. After a bit I went out again, and when I retarned prisoner struck me, and said something to the effect that I had been out with another fellow. He said, "You are out and so is he." I left the club on each occasion to go out with a lady friend of mine, and I told him so. Upon that he struck me in the chest with his fist, and I fell to the ground. I got up and smacked his face. After that we went home together. He tried to insist on my going back to the club, but I would not, and we walked back together to the house in Coral Street. I went straight into the back-yard and he went into our front room. It was then a little after 11 o'clock. About a minute afterwards he came out to me in the yard, and, without saying a word, he put one arm round my. neck and drew something across my throat with the other. I immediately lost consciousness, and can tell you nothing more. I only felt a little pain. I recollect nothing more until I regained consciousness at St. Thomas's Hospital.
To Prisoner. You found me in a public-house. A young lady friend of mine look me into the house, and we met two young fellows in there. They were both friends of ours. You did not see me come across the road dancing arm in arm with a fellow.
WILLIAM RILEY , police-constable 227 L. On the 7th of tint month, in consequence of something I was told, I went to 21, Coral Street and went into the back yard. I saw the prisoner Gaze standing with his arm round Hammersley's neck, who was leaning against the wall. She was bleeding from the throat. I noticed that there was blood on prisoner, but I did not notice that his throat was cut. While I was attending to the young woman prisoner said, "I am sorry I done it. I know I done
it. I am sorry." I took the girl to St. Thomas's Hospital, and prisoner was taken there by another constable.
JOHN WARMAN , police-constable 15 L.R. On the night of the 7th I was on duty, when, in consequence of hearing a whistle, I ran to 21, Coral Street. I went into the back yard, and there saw the prisoner detained by two men, private individuals. The woman Hammersley was bleeding from large wounds in the throat. Prisoner's throat was also cut and he was bleeding. I took him to the hospital in a cab. On the way he made a sort of rambling statement, and asked, "Is she dead? Shall I see her again? It is all through another man I wish I was dead, too."
GEORGE MILLS , police-constable 392 L. On the night of the 7th. hearing a whistle, I went to 21, Coral Street, and into the back yard. Prisoner had been taken to the hospital. There was a table in the yard, on which I found a razor case (produced). I also found the handle of a razor on the ground, the blade having apparently been broken away from it. A man named Anderson handed me a bloodstained razor blade which he picked up in the yard. The blood on it was still wet. I noticed two large pools of blood in the yard.
CHARLES ANDERSON , painter, 5, Thomas Place, Lambeth. The house I live in is at the end of the back yard at the rear of 21, Coral Street. On the night of the 7th, when I was in bed, I heard screams. I went to the corner of the street, and afterwards into the yard at the back of 21, Coral Street. I found prisoner and Louisa Hammersley lying together on the ground. He was trying to staunch the blood from the wound he had made in her throat, and he was also kissing her. I sent for the police. After the police came he staggered to his feet, and said, "Charlie, I have done it; lock me up; it is jealousy." After they had been taken to the hospital I picked up the razor blade (produced).
ALFRED WYATT HOOKER , House Surgeon of St. Thomas's Hospital. I examined the wounds in Miss Hammersley's throat. There were three distinct cuts, the largest and deepest being on the right side 3 in. to 4 in. long. The muscles of the throat on that side were severed. The windpipe was cut but not penetrated. It was more of a scratch on the cartilage of the windpipe, but the muscles were divided. Had the windpipe been penetrated the wound would have been much more serious, and she might have lost her life. The other cuts on the throat were 2 in. long and 1 in. On the first finger of the left hand there was a cut which needed a stitch, and I think there were one or two just slight cuts also on the left hand. She was detained in hospital a little over a week. The wounds were of a kind that might have been inflicted by a razor. Prisoner had quite a superficial wound on the left side of the throat which was not bleeding at the time of admission.
To the Court. With a sharp razor the principal wound on Hammersley's throat could have been inflicted without the exercise of much force, as it was only through the soft tissues. The muscles are comparatively soft.
INSPECTOR KNELL, L Division. On prisoner being charged at the Kennington Road Station he made no reply. The only statement he made before the magistrate was, "I have nothing to say."
PRISONER (not on oath). On the night of the 7th I didn't know what I was doing I was in such a temper when I got home. That is all I have to say; I cannot remember anything.
INSPECTOR KNELL. Prisoner's character is good as regards honesty. He is no doubt possessed of a very violent temper. On one occasion he quarrelled and fought with a comrade, and the fight not being finished they went round the corner next day to have it out, and prisoner struck him over the head with a hammer, and rendered him insensible, on account of which he was dismissed from his situation.
Sentence, Three years' penal servitude.
LILLEY, William (30, actor) , feloniously throwing upon Lucien Gaillard a certain corrosive fluid—to wit, sulphuric acid, with intent to burn him, maim him, and disfigure him, and to do him grievous bodily harm.
Mr. Eric Hoffgaard prosecuted.
LUCIEN GAILLARD , 30, Graf ton Square, private secretary. I have known prisoner ever since I have been in England, about two and a half years, and we have lived in the same house continuously all that time. On April 30, as I was going out at half-past eight in the evening, I met prisoner a few doors from the house. He said to me, "I hear you have spoken to that girl about my sister." I didn't answer and pushed him aside, and then he rushed in front of me and threw acid in my face, saying, "Curse you." I went back to the house, and a doctor was sent for. At the moment when the acid was thrown on me I didn't feel any pain, but a few minutes alter I felt the burning very badly. I identify the articles of clothing produced as those which I was wearing on the occasion. They are all burned by the acid the articles of clothing were examined by the jury). I know the prisoner's handwriting, and on the following day I received this letter from him: "Lucien,—When you receive this I shall have given myself in charge. I do not know the extent of the injuries I may have inflicted on you, but rest assured that if they are not what I expect, whatever my punishment may be it shall be carried out. I have someone else to take it up in my absence, unless you make
yourself scarce. Should they not be successful I will, on my release, finish it; for what you have done I will never forgive. To read the letters you have received to other fellows from my sister and to talk to other girls about her is only the behaviour of a cad and a sneak, so beware! That unless you leave the country I will see that satisfaction is given. I do not ask clemency from you, as on my part I shall give none. If it is for years to come I will be revenged on you and yours.—WILLIE."
To Prisoner. On different occasions I have made your sister the subject of conversation with a friend of mine, and read her letters to him, but only with that one friend.
To the Court. Prisoner used to quarrel about his sister with me. I have spoken to the girl I am in the habit of taking out about prisoner's sister, but only just as I might talk of anyone else. I should like to add that when this thing happened I hadn't seen his sister for 18 months, but since then I have seen her last Saturday and last Monday.
Re-examined. I have recently heard from the prisoner's sister expressing regret at the accident.
LEOPOLD CASPAR , 30, Grafton Square, waiter. I remember that on the evening of April 30, after Gaillard had gone out, he came back pale and full of pain and ill. I could see that his neck was injured, and later on I went out to fetch a doctor. I afterwards found the small jar produced in the square.
ARTHUR TORIN . Divisional surgeon, Clapham. I saw prosecutor on Tuesday, May 1, at about five minutes past 12 a.m. He was suffering from burns in his face and neck. There were burns on the tip of the nose, the upper lip, chin, mouth, and left cheek. Those were all small burns, the largest burn was on the left side of the neck corresponding to the big burn in the collar of the coat. It would be about 1 1/2 inch in width and about 3 1/2 inch in length, and was of irregular shape. Judging from the nature of the burns, they were caused by sulphuric acid. The jar produced smelt of sulphuric acid.
To the Court. Sulphuric acid is a very strong corrosive, almost as bad as nitric acid.
ELIAS HAMILTON HARRY , chemist, 57, Old Town, Clapham. I have known prisoner as a customer about two or three years. In the first week in April I supplied him with a small bottle of sulphuric acid, and again four or five days afterwards. As nearly as I can remember that would be about 14 days before the occurrence. He gave no reason for requiring it. He would have about 1 oz. on each occasion. The jar produced would hold about 1 1/2 oz.
DETECTIVE-SERGEANT GOGGIN, W Division. About ten minutes past one in the early morning of May 1 I saw prisoner at Bow Street Police Station and said to him, "I am a police officer.
and am going to convey you to Clapham Police Station, but before doing so I wish to caution you. You will be charged with throwing a corrosive fluid, viz.: sulphuric acid, on to the face of Lucien Gaillard at Grafton Square, Clapham, about 8.30 p.m. last evening." He replied, "Yes." I then conveyed him in a cab to Clapham Police Station. When afterwards charged he made no reply. The clothing produced was handed to me at 30, Grafton Square, by the landlady of the house in the presence of prosecutor. I also received the jar.
Prisoner, when called on for his defence, handed in a written statement stating that it was now about 2 1/2 yean since he became acquainted with the prosecutor, who at that time had just arrived in England, and was consequently unable to speak a word of English. His brother consequently arranged that prosecutor should live with prisoner during his absence. Prosecutor had an allowance of £1 a week for one year. At the end of that time should he have been unsuccessful in finding business he was to return to Spain or look out for himself. During that one year they were the beet of friends, and were like brothers. He studied English and shorthand, and had a type machine brought to the house. At the end of that time prisoner was about to invest in a boarding-house, and he suggested to prisoner that if he cared to invest £10 he could, instead of going back to Spain, remain at prisoner's house without further payment until he was settled in business. Prisoner being a single man and having three sisters at home, arranged with one of them to be his housekeeper. He asked prosecutor to make no advances towards his sister, and prosecutor gave his word that he would not, but one day something came to prisoner's notice, and prosecutor, on being questioned, admitted that he had fallen in love with his sister. Prisoner finally decided to send his sister away, and had to get others to attend to the house. At the end of three months prosecutor found something to do. Prisoner found that prosecutor and hit sister were writing to each other, and he objected to that because prosecutor had so often given expression to his disbelief in marriage. Prisoner pointed out to him how wrong it was to fill her head with ideas which could never lead to anything, but prosecutor, knowing that his sister had formed a true affection for him, no longer cared, but went on writing to her, and the letters he received he read to other fellows and to the girl he was in the habit of taking out. To give an idea of prosecutor's character, he had said to the girl he was taking out that he would live with her, but the first time she spoke of marriage he would leave her. On the day he was charged by prosecutor he was sent mad for the time being by what he heard prosecutor say, and for the previous week had been drinking excessively, a very unusual thing for him. He had no recollection
of taking the sulphuric acid out of the house, and as to throwing it on to prosecutor he could only have been mad to do such a thing. The letter he knew nothing about, but the part calling prosecutor a cad and a sneak he recognised as his own sea ments. Prisoner concluded by saying that hitherto he had borne an irreproachable character, and could only express great sorrow for what had happened.
The jury found the prisoner guilty, but considered he had recived great provocation.
Mr. Justice Sutton agreed that there had been great provocation, and said he would take freely into account the recommendation of the jury to mercy. He gave the go-by to the threats used in the letter and would take no notice of them in passing sentence in the hope that when prisoner came out he would have no sort of feeling in regard to carrying out those threats. Sentence, Six months' hard labour.
Mr. R. B. Murphy prosecuted. Mr. Huntly Jenkins defended.
FANNY GAY . I am single and live at 9, Clarence Mansions Gardens, Clarence Road, Hackney, and am headmistress at the Sigdon Road County Council School. I know prisoner through getting coals from his mother, and from time to time he has delivered coals at my flat, which is on the ground floor. Generally the coals had been delivered by him when I am not at home and they have been taken in by the woman who cleans the place. Until this incident I had had no dispute whatever with prisoner or with his mother. On the evening of May 7 I was in my flat in the evening, and as I was passing out of the kitchen I thought I heard a slight step outside the door. I paused expecting to hear a knock, but no knock or ring followed. It would have been impossible not to hear the bell if it had been rung. After waiting a minute or two I drew the curtain inside the door which opens into the lobby. I then saw a shadow outside, not in front of the door, but at the side. The door leads into a courtyard, and not directly into the street. The shadow was on the courtyard side on the right hand side of the glass door. I immediately opened the door and saw prisoner standing in the little square place at the side. Anyone standing there would not be seen from the outer door leading into the courtyard. The place where prisoner was standing was out of the direct line to my door, and the space is made by a gas cupboard, where the gas-meters are under the staircase going up the next flight. Apparently prisoner did not desire to be seen. When I spoke to him he remained standing
there and said, "Mother says, 'Are you sending up to-night?" I replied, "I will call one day in the week." That had reference to the coal hill. I do not think he had ever come before to get payment for the coal bill. He then said, "All right, miss." As he was moving away I said, "Did you knock or ring?" He replied, "I rang." I said, "I heard neither; my bell must be out of order." Remembering that the bell had rung previously in the day, I went to the outer door and tried it and it answered all right. On the evening of the 9th, some time after eight o'clock, I was in my flat with a Mr. Mallon, who is also a school teacher. A single knock came to the door. I went immediately to answer it, and when I opened it there was a masked figure standing outside with his arm upraised. A blow immediately descended on my head. Prisoner pushed me inside and shut the door and gave me a second blow, all as it seemed within a second of time. He said nothing before he struck me. I screamed out, and Mr. Mallon rushed out of the drawing-room to my help. He closed with prisoner and a struggle took place between them. Mr. Mallon whirled him round into the kitchen after what seemed a long time, though it was probably only a second or two and dragged the mask from prisoner's face and also took from him the bolt with which he had struck me. When the mask was taken off I immediately recognised prisoner and said, "That is the man who brings my coals." Prisoner said, "Miss Gay knows me, I deserve five years for this." He appeared to be perfectly sober and seemed to be knowing what he was doing and asked for a glass of water after I had called the police. After the doctor had attended me I went to the station. I was wearing the hair-pad produced, and I think the second blow came down on that and that its force was broken in that way. I suffered pain from the blow and the doctor kept me in bed for six days. My nerves are fearfully shaken, and I am still under medical treatment. It was a great and terrible shock to me. The wound bled considerably and there was blood on my dress afterwards.
Cross-examined. I once objected to prisoner leaving coals cut in the lobby, and he said, "All right, miss, I won't leave them there again." He was always very civil, and when he has left coal when I have been alone in the flat I have had nothing to complain of. I have been dealing with Blanchett's for coals for nine months or a year, and he has brought them when I have been alone perhaps seven or eight times. I have no animosity against him, and, as far as I can tell from anything that has taken place between me and him previously this assault is quits motiveless. The first blow was the hard blow. It did not render me unconscious. If I did not say at the police court that prisoner said, "I deserve five years for this" I probably did not recollect it. It slipped my memory at the time. With
regard to his being there two or three days before, I do not accept the suggestion that there was nothing unusual about it; there was neither knock nor ring. I did owe the coal bill, but I have no recollection of him having come to ask me to pay before. I am certain he has never called and said he would like some money. When he said, "Mother says, 'Are you sending up to-night?'" I was certain he referred to the coal bill as he could not possibly have been referring to anything else. As there was a coal bill owing that was the natural conclusion to come to. The bell of the flat is an electric bell. and when I pushed it in the ordinary way it rang. After I had been assaulted prisoner's manner was calm and collected. He did not seem upset at all. He gave no explanation whatever, and I agree that under the circumstances his conduct was most extraordinary.
To the Court. On the night when I saw him in the dark corner, two or three days before, he did not look as if he had any ill-will towards me.
Re-examined. Prisoner had not rung the bell on any previous occasion. He always knocked. At the hearing before the magistrate the prosecutor was represented neither by counsel nor solicitor, and whatever I did not say before the magistrate I am positive to-day that he said, "I deserve five years."
(Thursday, May 24.)
JAMES WILLIAM MALLON , schoolmaster. I was paying Miss Gay a visit on the evening of May 9. Some time after eight a knock came to the door. Miss Gay went out to answer the knock and I remained in the sitting-room. Shortly after she had gone out I heard screams. I rushed out directly, of course, and saw Miss Gay struggling in the passage with a tall man in a black or dark mask. Of course, it all took place in a second, but it appeared to me that he was trying to strike her. Blood was running down her cheek. I closed with the man, and after a struggle got him into the kitchen. In the struggle I took the weapon from) him. (A screw bolt with a nut at one end.) It was done up in the cloth produced. The bolt was long and heavy, and made a formidable weapon. The mask produced consists of a piece of cloth with holes cut in it and with two tapes tied one on each side. When prisoner was wearing it the strings were tied behind his head. When I pulled the mask off Miss Gay said. "You are Blanchett, the coalman." Thereupon prisoner said, "Miss Gay knows me." He also said, "I deserve five years for this." He was perfectly sober, and had no angry or violent look on his face, and appeared to understand perfectly what he was doing. I was going to hit prisoner with the bolt, but Miss Gay pulled my hand back and said, "Do not hit him," or something of that
sort. He subsequently asked for a glass of water. There was nothing in his manner to induce me to suspect he was strange in his head or anything of that sort. I was there when the constable came, and went to the station with him and prisoner. Miss Gay stayed behind to have her head bandaged, and then came on and charged him.
Cross-examined. I mentioned what prisoner said about deserving five years on the second occasion at the police court. Probably I did not recollect it on the first occasion. I attach importance to the statement. Prisoner looked hot after the struggle, but did not appear to be agitated at all. The cloth was fixed round the bolt, but I could not tell in what way.
Re-examined. I was examined at the police court on May 10, and again on May 17. It was on the second occasion that I said prisoner said, "I deserve five years for this." I am quite clear in my own mind that he did say it. I did not make the statement at the police station on the first occasion, but recollected it subsequently.
THOMAS DIVALL , police inspector, J Division. About half-past eight on the night of the 9th prisoner was brought to the police station. I then went myself to 9, Clarence Mansions, Miss Gay's flat. She was then being attended by Dr. Oliver. That was about twenty minutes after the occurrence, and Miss Gay was still bleeding profusely. I examined the premises. The glass door was completely smashed, and I understood it was smashed by Mr. Mallon in the struggle. I found the mask on the floor of the passage, and took it to the station, and put it down beside the bolt. Prisoner looked at the mask and the bolt, and said. "There was no one with me." Pointing to the mask he said, "That is mine; I have used it to polish buttons, and made it as it is." The material of the mask corresponds with the apron in which the bolt was wrapped up. Prisoner seemed to understand what he was saying, and stood by while I investigated the case. I charged him with attempted murder after I had heard the evidence; he made no reply. He was searched, and 2d. was found on hint.
Cross-examined. I first saw prisoner when he was being brought to the station. He seemed quite calm and collected, but he was rubbing his brow as though he had been sweating. The statement that there was no one with him was quite a voluntary statement. The statement that he had used the cloth for polishing buttons was also voluntary. He made no attempt to escape and was not violent at all.
WALTER TAYLOR , police-constable, 530 J. On the night of May 9, about half-past eight, I was on duty at Hackney Station, and. in consequence of information, went to Clarence Gardens. Miss Gay was in the passage bleeding, and Mr. Mallon was there too Mr. Mallon had the bolt in his hand wrapped in a
cloth. Prisoner was standing in the doorway of the kitchen. Miss Gay said, "This man came to my door with one knock, and as soon as I opened the door to him he hit me on the head with that instrument," pointing to the iron bolt. Prisoner said, "I don't know what made me do it, I do not remember doing it, I do not remember anything until he (Mallon) hit me on the jaw." There was slight redness on the left side of his jaw. I took him to Hackney Police Station. He went perfectly quiet and appeared to be quite sober. He understood what he was saying and knew me as soon as he saw me. I have known him for years as working for his father, but he has no occupation of his own by which he makes money.
Mr. Mallon, recalled. I broke the window purposely to make a noise. As I rushed at prisoner I shoved my elbow through the glass to attract attention. I have not the least idea whether it took any force to get the hammer away from prisoner. The glass of the window is figured glass.
ARTHUR CARDELL OLIVER , surgeon, 48, Pembury Road. When I arrived at Miss Gay's flat she was reclining on the couch and bleeding profusely from the left side of the head, and there seemed to be a lot of clotted blood about and blood was running on to the shoulder of her blouse. The blow was in the fore part of the parietal bone. I could not see where the wound was until I removed the hair. The wound was about 1 1/4 in. long and went down to the bone. In depth it would probably be less than 1/8 in. Either the blow could not have been struck with, great severity or there must have been something to break its force. I think the end of the bolt without the nut must have been used. The skull would have been fractured unless the force used was very slight. A wound in that part of the head is always dangerous. I kept her in bed for a week; she is now suffering from sleeplessness and her nerves are still very much upset. She has not gone back to her work and is still under my attendance. There was a good deal of damage done to the tissues surrounding the wound. I saw no trace of a second blow, which may have fallen on the pad or have been in the same place, but that is, of course, very improbable. The pad would have broken the blow considerably.
Cross-examined. The nerve shock might be caused to a great extent by the fact of this man going round there with this mask on. and as the result of the struggle and the sight of blood. As far as the effect of the wound is concerned. Miss Gay is pretty well recovered. I put on a temporary gauze dressing to stop the bleeding. I think the wound may have been caused by the bar of the bolt and not by the nut, because it ran down obliquely, and probably if the nut end had been used the wound would have been longitudinal. It was not a clean cut, the sides of the wound were damaged very much—pulped. The
thickness of the scalp at that point is probably less than 1-3 in. For a scalp wound it was a deep wound. The bone itself was not actually damaged.
JAMES HENRY TURTLE , divisional surgeon, 11, Gascoyne Road, South Hackney. I was at the station when Miss Gay came in. having been summoned by telephone. I removed the temporary dressing and examined the wound, which was at the junction of the parietal bone and the frontal bone on the left side. The outer portions of the wound were blacked and pulped, and that, in my opinion, indicated that considerable force had been used. The depth of the wound was the thickness of the scalp, and I consider it dangerous. I did not have to stitch it as it was a contused wound. I put on a permanent dressing. [Witness then indicated how the bolt was wrapped in the cloth and expressed the opinion that the injury was inflicted by the end with the nut.] I examined the prisoner when he was brought to the station. He was sober. He was not excited, but absolutely cool and collected. He answered me quietly and collectedly.
To the Court. Prisoner did not volunteer any sort of explanation.
Cross-examined. I should expect a person hit on the head with considerable force to become unconscious, or, at any rate, dizzy and faint. Miss Gay was neither. What I attach importance to is the pulping of the scalp. An ordinary blow on the scalp would cause a considerable amount of swelling and bruising.
Re-examined. I have been divisional surgeon for 15 years and have examined a large number of wounds in that period. As to Miss Gay's physical constitution and bodily strength she seemed in very good health. In medical experience the unexpected often happens. I saw her approximately about an hour after the occurrence.
Constable TAYLOR was recalled as to receiving the bolt from Mr. Mallon and the way in which it was wrapped up.
Prisoner's statement before the magistrate was then read, at follows: "When I left my house it was about ten minutes past eight. I had just finished cleaning the tunic and walked down Clarence Road on my way to the drill. Instead of going down to the Drill Hall as I had thought, I got outside by the 'Prince' and a dizzy sensation came over my head, like a heavy weight on my forehead. My eyes seemed to be on fire. I heard a loud explosion in both my ears and didn't know any more until I was up at the Gardens. I was brought to my senses by a blow on the jaw, and I believe the witness tried to choke me, as I felt it afterwards. I remember asking for a drop of water, and that is all I know till I went to the station;"
Mr. Murphy said as no witnesses were to be called for the defence he thought he was entitled to assume that the defence would be based on the prisoner's statement that he did not know what he was doing, and he thought he should anticipate that by calling Dr. Scott to rebut any such suggestion.
Mr. Justice Sutton; Yes, I think that is right.
Dr. SCOTT, medical officer, Brixton Prison. Prisoner was received at Brixton Prison on May 10, the day after this occurrence. I have seen him frequently and had conversations with him with a view to ascertaining the state of his mind. I have also studied the depositions and the statements made by him, and I have had some information as to his family history. In my opinion, he is a 'man of weak mind, but capable of understanding what he is saying and doing. I have carefully considered his statement as to his condition and considered all the other facts and I think that it is improbable that he was in the unconscious state that he represents at the time of the assault. Such an unconscious state would be a form of insanity. He has probably been weak-minded all his life. I have had a long experience of the mental capacity of criminals, and where there is lapse of consciousness while a crime is being committed the case is generally epileptic in character. Instead of having the ordinary epileptic fits, such persons sometimes have attacks of insane fury and commit crimes. There is no similarity in this case to epileptic cases. I cannot get a history, for one thing, of his ever having had a similar attack in his life before. I am told he had fits in infancy, when he was six or seven years of age, but none since. He stated he had one two years ago when he was in camp, but from his description of it that may as well have been an attack of faintness from heat and extra exertion in camp. Epileptics, when seized with attacks of insane fury, do not usually show method, but attack the nearest person without my motive, and the fact that prisoner was wearing a mask and had a specially prepared weapon seems to me to militate very strongly against the possibility of this being such an attack. Prisoner has been carefully watched, and nothing at all to indicate epilepsy has been observed.
Cross-examined. Unless one sees the actual fit it is difficult to tell whether a person is epileptic or not. Although epileptics frequently attack the nearest person, there are instances of their laying deep plans, and where an epileptic has assaulted a person against whom he had a grudge, but I could not quote instances where elaborate preparations for crime were made as in this case. I am speaking not only of my own experience, but of what I have read. I think it probable that the mask may have been suggested to him by reading some sensational literature, which would, of course, affect a person of weak mind more than a person
of normal condition. Persons of weak mind are more open to suggestion.
Re-examined. In certain cases the violence of epileptics vents itself on people against whom they have a grudge—in asylums, for instance, upon attendants whom they do not like, but not with the amount of preparation there was in this case, which appears to show premeditation.
The jury found prisoner guilty of wounding with intent to do grievous bodily harm, and recommended him to mercy on account of his weak intelligence.
Mr. Huntly Jenkins, as this was such a peculiar case, asked permission to recall Dr. Scott and to call prisoner's father before sentence was passed.
Dr. SCOTT, recalled, said in answer to Mr. Huntly Jenkins that he thought a life in the open air, such as a farm life in Canada, would be beneficial to the prisoner.
GEORGE BLANCHETT , prisoner's father. After expiry of such sentence as his lordship may think fit to pass I will undertake to have my son medically looked after by my own doctor, and after that I will be willing myself to take him out to Canada, where I have a son engaged in farming.
Sentence, Twelve months' hard labour.
Mr. Justice Sutton said that, as representations had been made to this country objecting to criminal cases being sent to Canada he could not undertake to use his own influence in respect of this case, which he thought a very peculiar one.
THIRD COURT; Wednesday, May 23.
(Before the Common Serjeant.)
WATSON, William Cecil (23, elocutionist) , conspiring with Harry Dawson, otherwise Blackburn , to defraud certain persons, applying to them in response to advertisements for persons seeking theatrical and music-hall engagements; obtaining money by false pretences from Bertram Parker and others, with intent to defraud.
Mr. Charles Matthews, Mr. Arthur Gill, and Mr. Arnold Ward prosecuted; Mr. Doherty defended.
GEORGE WILLIAM STEVENS , clerk and housekeeper, Chancery Lane Safe Deposit Company. I produce agreement to let an office on first floor, 61 and 62, Chancery Lane, to prisoner on August 8, 1905, at £35 a year. He remained in possession till October, when he signed another agreement with Louise Jane Milner for an office in 63 and 64, Chancery Lane, at £45 a year. Rent for the March, 1906, quarter was not paid, a distraint was put in, which has not been realised. The name
put up on 61 and 62 was the Northern Dramatic Touring Syndicate, Limited, and the same name was at first put up on 63 and 64. Later, about six weeks before the arrest, it was altered to the International Theatrical Syndicate. Southampton Buildings is the street at the back of those offices and 7 and 8, Southampton Buildings, is the back entrance to 63 and 64, Chancery Lane.
Cross-examined. The distraint was levied when prisoner was at Brixton Prison.
CHARLES HAWKINS , 7, Northwood Road, Highgate, vocalist. In November last I saw advertisement in "Daily Telegraph" as follows: "Stage.—Ladies and gentlemen required immediately, without experience, for small parts in new dramatic production; also for touring companies. Good salary. Long tour.—By letter, with envelope for reply, Secretary, Northern Dramatic Touring Syndicate, Limited, 63 and 64, Chancery Lane. No agents." I wrote to the address, received a reply from prisoner on letter-paper produced, and saw prisoner towards the end of November. He asked me to read out of a book, and said he thought I would suit him for a play he was going to produce, and that I could have the part of Frederick in "The Jew." He gave me the book produced, told me I must learn the part Frederick, that the play would be produced "up north" in the middle of January, and that I should have a salary of £2 10s. a week. He then asked me for a premium of £3 3s. for the part, and for coaching for the part. He asked me if I had any experience, and I told him I had no experience on the theatrical stage. I called two days later on November 29, and paid £1 1s., for which he gave me receipt produced as follows: "Received of Mr. Charles Hawkins the sum of £1 1s. for 12 lessons in elocution on account of £3 3s.—W. C. Watson." On December 11, I paid the balance, £2 2s. I called at different time?, and recited my part to prisoner or to Miss Milner, the visit occupying about 10 or 15 minutes, but I had no lessons in elocution. Prisoner said I was going on all right, and that I should be required on January 15. On January 14 prisoner told me I was not perfect, and so of course I could not go. I continued to attend at the office until February 15 and repeat the part. I received no tuition. I had no engagement from the prisoner, and have not received my money back. When I paid the money I believed he would get me an engagement.
Cross-examined. I did not pay the money to get 12 lessons in elocution from the prisoner, although it says so on the receipt. I called at the office once or twice a week. I received no lessons. I was wasting my time. Once or twice Miss Milner may have corrected my words. Prisoner and Miss Milner may have been able to instruct me, but they did not do
so. I went there to get an engagement. I was told the play was on tour up north, no place was mentioned, but the data of January 15 was mentioned.
Re-examined. The advertisement only had reference to a dramatic production for a person without experience. I received a reply on letter-paper produced with a long list of plays, and the general manager, touring manager, and secretary of the Northern Dramatic Touring Syndicate, Limited, mentioned on it. I understood the £3 3s. included both tuition and the part I was to take. I knew the part on January 14. I came to the conclusion I was wasting my time and left it.
BERTRAM PARKER , formerly of 52, Milman Street, Bedford Row, now of Fairfield Road, Edmonton. In January, 1906, I was a draper's assistant. On January 11 I saw advertisement produced under the head of Situations Vacant in the "Daily Telegraph." I replied to it, received a reply on printed paper produced, and on January 15 called at 63 and 64, Chancery Lane, and saw prisoner. He said he was manager of the Northern Dramatic Touring Company, and asked me what experience I had. I told him very small, but that I had been on the stage as an amateur in "Julius Caesar," "King John," and "The Merchant of Venice." Prisoner said he had a part which would suit me in "The Jew," of Frederick, that the play was on tour for 18 months, and had had a previous tour of three years, and that it would probably run for another year, and that the play belonged to the Northern Dramatic Touring Syndicate. He said they had about 20 companies on the road; were playing the "Royal Divorce" at a London suburban theatre, and that "East Lynne" was being performed by another of their companies. He said if one tour finished he could put me on another company in the same firm, and that I should have £2 or £2 2s. a week. I consented to accept the pert of Frederick. He said I should have to pay £2 2s. for coaching in the part, that I had not a strong enough voice for the stage, and that I required tuition. I paid the £2 2s., and attended at the office until about February 19, and prisoner told me to be ready on the following Thursday, February 22, to receive a contract for the part of Frederick in "The Jew," and receive final instructions. On February 22 prisoner told me he was producing and running on the London halls a sketch by himself called "Diamond Cut Diamond," and that it was going to start in two or three weeks at the Holborn Empire, and in addition to that he had arranged with Mr. Stoll, the manager of Moss's Empires, who had booked it up for touring the sketch on a tour of 54 weeks' duration. Prisoner said I should get 10s. a week more, and have a much better part, but that I should have to pay £5 5s. towards dresses and scenery. Prisoner said the scenery was being painted at a cost to himself of £60 to £80,
the dresses being found by the manager. I accepted the offer, and on February 26 paid prisoner the £5 5s. on the following receipt; "Received from Mr. Parker the sum of £5 5s. for training and the part of Trap in 'Diamond Cut Diamond, to be produced in London. The salary when booked up to be £2 10s. to £3 3s. per week; all costumes to be found by the companys manager.—W. C. Watson." Prisoner asked me to go to Dicks s, in the Strand, with a letter, where I received for 6d. six books in an envelope, with which I returned to the prisoner. He gave me one of the books as produced after tearing the outside cover off. It was a printed copy of "Diamond Cut Diamond," by W. H. Murray, originally produced at the Adelphi Theatre in 1838. I learnt the part of Trap, and went to the office for a month repeating the part to prisoner and Miss Milner'. About the end of March I saw Mr. Blackburn in the presence of prisoner. Blackburn said he had a part in "The Octoroon" that would suit me, that "The Octoroon" belonged to him, and that he was running it for the International Theatrical Syndicate, and that the part of Pete would suit me. Prisoner said he had other people learning the part of Trap, and that I could take the part of Pete in "The Octoroon" better. I was given a print of "The Octoroon," learnt the part, repeated it to Blackburn, and he said I had got on very well with it. Prisoner asked me for £5 for the part of Pete. I said I would not pay it, and asked for my money back, the £5 5s. that I had paid for the part of Trap, and said that I wanted to leave the Agency altogether. Prisoner said that as far as business was concerned between me and him it was all over, that he was just clearing up the Northern Dramatic Syndicate, and expected to be leaving the country in a fortnight's time. I had seen a letter from the brother of the leading lady in "Diamond Cut Diamond," stating that the brother would not let her go on the stage, and if prisoner would return £15 of the £20 she had paid he could retain the £5; and I asked him what he was going to do about the leading lady's money. He said he could do nothing in the matter. Prisoner told me all the people engaged for "The Octoroon" were paying £5 5s. or some such sum, and that some of them were 30 or 40 years old, and had had 10 or 20 years' stage experience. When he asked me for £5 5s. for "The Octoroon" I asked him if I could go back to the part of Pete. He said, "No, that would mean throwing another man out." I again saw prisoner, and told him if he would pay my £5 5s. back I would forfeit the first £2 2s. He said. "Is that all you want?" I said, "Yes." He opened the door for me to go, and I went. I never got any engagement. The name on the door was changed to the International Theatrical Syndicate towards the end of March. Prisoner told me Blackburn was acting manager. On April 13 I made a statement to the police.
Cross-examined. I most decidedly did not part with my £2 2s. for lessons in elocution but for the part of Frederick. I have had no elocution lessons. Prisoner said "The Jew" was on tour. Prisoner did not mention Mr. Ralph or the London Music Hall in reference to "Diamond Cut Diamond." I knew I could buy the book at Dicks's for 1d. I willingly accepted the part of Pete. Blackburn said the part of an old man would suit me better. Prisoner did not say "Diamond Cut Diamond" would be produced at St. Leonard's or the Hippodrome, New Brompton, or Kettering. I did not tell prisoner I was going to Scotland Yard. I was at the offices on the morning of the arrest.
WILLIAM WALLACE KELLY , proprietor of Theatre Royal, Birkenhead. I own the play named "The Royal Divorce" and have two companies playing it at the present time at the Camden Theatre, London, and at West Bromwich. No one except myself has any right to act that play. I never heard of the Northern Dramatic Touring Syndicate until the other day at Bow Street. I do not know the prisoner or George Blackburn, alias Dawson, or M. Milner. Prisoner has no right whatever to put the name of my play on his notepaper.
Cross-examined. I have stopped persons pirating my play.
CECIL RALEIGH , 2, Brunswick Place, Regent's Park. I am the owner of the copyright of the play "Hearts are Trumps." I have no knowledge of the Northern Dramatic Syndicate or George Blackburn or M. Milner. Prisoner or his syndicate have no right to perform my play.
Cross-examined. I see in Dicks's catalogue a play called "Hearts are Trumps," by Tom Taylor. I believe that play was produced in 1843 and is still copyright for acting, though Dicks may be entitled to print it. There is no copyright in the title.
ARTHUR LAW RAYNER , 150, Oxford Street. I am manager to Mr. Bert Coote, who is the sole owner of "The Fatal Wedding." I have been Mr. Coote's provincial manager for four years and now am his London manager and know all about his arrangements. We have let certain rights with regard to the play, "The Fatal Wedding," to Mr. Bannister Howard. I have no knowledge of prisoner, or of the Northern Dramatic Touring Syndicate, or George Blackburn or M. Milner, and that syndicate has no right to put the play on the letter-paper produced.
Cross-examined. I have never heard of "The Fatal Wedding" being played without authority. We should take proceedings against anyone doing so.
JOHN HAYMAN , Cranbourn Mansions, Cranbourn Street, manager of the booking department of Moss's Empire, Limited. There has been no arrangement with prisoner, or with his syndicate, to produce any sketch or play. I speak for the entire group of companies covered by the description, Moss's Empire,
Limited. I knew nothing of the syndicate, the prisoner, Blackburn, or Milner before these proceedings.
CLAUDE MARNER , acting manager of the Holborn Empire. No negotiations or arrangement has been made with the prisoner to produce any sketch or play at the Holborn Empire. I have never heard of prisoner, Blackburn, M. Milner, or the syndicate until these proceedings.
Cross-examined. I would not swear prisoner did not call at the back of the theatre, but I never asked him to send a play to be read. We never act plays.
EMIL LOUIS LANEO , 18, Highbury New Park, draper. I replied to advertisement produced in "Daily Telegraph" of February 10. I received a note on paper produced and saw prisoner. I told him I wished to join the profession and asked him if he had anything to put me on at once. Prisoner asked if I had had any experience. I said no. He offered me the part of Frederick in "The Jew." He said it would suit me and that the wages would be £2 to £2 10s. a week, and that I must pay £2 10s. to get the part up. I paid a deposit of 2s. and called three or four days afterwards and asked when the play was going to start. Prisoner said in three or four weeks. Prisoner then told me, "I have a sketch, which I have been writing myself, called 'Diamond Cut Diamond,' and I think the part of Trap in that will suit you better." He said it was coming out at the Holborn Empire in about three weeks—as soon as "The Jew." He told me he was negotiating with Mr. Stoll of Moss's Empire, for "The Jew" for a tour of about 54 weeks. My salary would be £3 3s. a week in the part of Trap and that the payment for that would be £5 5s. I told him I. would call again, which I did. and paid him £5. Prisoner gave me receipt as follows: "Received from Mr. E. L Laneo the sum of £5 for coaching and part of Trap in 'Diamond Cut Diamond,' to be produced in London.—W. C. Watson." Before paying the money I believed prisoner's statements about Moss's Empire and the Holborn Empire and as to the producton of the play in three weeks. Prisoner told be to call again tomorrow as he had not finished writing the sketch. I called the next day and saw the prisoner, who handed me book (produced). showed me the part of Frederick and told me to learn it for the following Friday and come there and repeat it. I did so. I attended two or three times a week for two or three weeks and repeated the part to him or to a young lady, whom I know as Miss Maynard, the interviews lasting about five minutes. After that I attended, but they were too busy to hear my part until about April 10. Prisoner then appointed for me to come on the following Wednesday, and the play would start on the
23rd. I next saw prisoner at Bow Street. I had no engagement and received no part of my money back.
Cross-examined. I did not pay £5 for elocution lessons. I had no lessons at all—I repeated my part. Prisoner did not mention the London Music Hall, Shoreditch, or Southend-on-Sea, or Kettering, or New Brompton, or St. Leonards. I never asked prisoner for the return of my money. I left him on friendly terms when I last saw him. I expected to get my engagement. The witness Parker sent the police to me.
STELLA WALDRON , 3, Honor Oak Mansions, Underhill Road, Dulwich. On March 23 I answered advertisement in "Daily Telegraph" produced, received letter on paper produced, and saw prisoner. He said he wished for an amateur artiste on tour with a piece called "The Octoroon," and would require £5 5s. premium to cover expenses, tuition, and costume, that he could offer me either of two parts, "Grace" or "Minnie," and that the play would be produced at the Grand Theatre, Islington, on Easter Monday. I called again on April 2, told him I had decided to pay the premium, and that of course I had no experience. He told me he had no wish for ladies of experience, and that mine was a small part in the play. He repeated the statements about the production of the play on Easter Monday, and told me my salary would be £2 10s. or £3 a week. I then paid the £5 5s., and he promised that my contract would be ready for me on the following day. I afterwards saw Dawson, who drew out contract. Dawson asked me for my receipt to go with the contract before the president of the syndicate, and which he promised to send me. On April 10 I saw Dawson again, and asked him the reason he had not sent on the contract and receipt as promised. He said Mr. Clark had not returned it. I afterwards saw prisoner, and insisted on having my contract. Prisoner then wrote the contract produced, in which the engagement is to commence April 30 at a salary of £1 15s. He then demanded 5s. for the contract, which I refused to pay, as my £5 5s. was to cover all expenses. He said, "Who was to pay for the stamp?" I said, "I would get my own contract stamped." Dawson came in. I told them I did not think they were carrying on any business, and I was not at all satisfied with the way they had done business. They were very indignant. Prisoner said the play would not be produced until a week later—on April 30. They both said they would send me a card where and when it was to be rehearsed. I received no communication, and on April 17 I found a number of people waiting at the office. That was the day of the arrest. For the money I paid I have received nothing whatever.
with him for the production of "The Octoroon" or any other play at my theatre.
MISS NITA LE BRUN . I replied to advertisement of March 27 produced, and was engaged by prisoner to take the part of ✗th Sunnyside in "The Octoroon," to be produced at Redditch on Easter Monday, April 15, at a salary of £3 10s. a week. I paid £8 premium on Monday, April 7. Dawson was present, and gave me receipt as follows: "Received from Miss Le Brun the sum of £8 for coaching the part of Dora Sunnyside. This form to be returned for a form of regular contract." I received a copy of the play to take away and learn the part. I came back and told Dawson I was afraid I could not do the part. He said he wanted me for that part especially, and that I could do it if I tried. I said I would do my best. About six days later on April 5 I saw Watson, went through a few lines of the part, and he said it would be all right. On the 6th I called again, saw Dawson and Watson, and again went through a few lines of the part. Watson said if I would not do for "The Octoroon" he would give me a part in a musical comedy, "The Girl from Mars," to come out at Brompton. Rehearsal of "The Octoroon" was fixed for the 9th, the play to come out on the 16th at. Redditch, and on the 30th at St. Leonards. On the Thursday before Good Friday I called and saw prisoner and Dawson. Prisoner was going to Paris that afternoon and coming back on Easter Tuesday. On Tuesday morning I went back to the office, and saw prisoner and Dawson. Dawson said, "I have taken on a young lady of very high family to take your part for a week so that you can study from her." I said, "You can take the part. I want my money back. I do not want any part whatever." Watson said, "You feel upset, come downstairs and have a cup of coffee." I said I did not want any coffee, I wanted my money back. Dawson said, "What do you want—the earth?" He was very indignant indeed. So as I did not want any words, I left and went to a solicitor. I never got anything. When I paid my money I believed the statements with regard to the engagement they had promised or I should not have paid my money.
Cross-examined. I accepted the part of Dora Sunnyside, and I requested prisoner to relieve me of it. I wanted to get something back for my money and would have taken a part merely to walk on. Prisoner offered me a part in "The Girl from Mars" to come out at the Hippodrome, New Brompton. I did not see any letter from the manager of the theatre at Redditch. Prisoner told me it would be performed at Redditch, and subsequently told me it was postponed until the 23rd. When Dawson told me he had engaged a young lady for one week for Dora Sunnyside I wanted my money back. It was not because of the young lady, but because he had not rehearsed it at the time he said. I supposed prisoner would give
me another part. If I was not qualified for one part I was not qualified for the other.
LEONARD WALTER , Eagle Tavern, Gravesend, barman. I replied to advertisement in "Daily Telegraph" of April 3, and received an answer on letter-paper produced, and called at 63 and 64, Chancery Lane. Prisoner offered to give me the part of Pete in "The Octoroon." The costume would cost £20, and I was to pay the half, £10, and was to have a salary of £3 15s. a week. I said I could not manage £10. He said could you manage £7? I said I would try, and out of the salary 5s. was to be deducted until the other £3 was paid up. I called on April 9 and saw prisoner and Dawson, and paid £7 to Dawson, who gave me receipt. Prisoner gave me a copy of the play of "The Octoroon." I did not accept the part of Pete, and prisoner altered it into Clibborn, the auctioneer's clerk. There was nothing to learn in it, it is only to walk on and walk off. On April 17 I saw Dawson, and he asked me to come again tomorrow, which I did, and found the office closed. When I parted with my £7 I believed the prisoner was in a position to give me a part in "The Octoroon."
Cross-examined. I was told the play was going on tour on April 23 at St. Leonards. Prisoner did not mention any other place. The £7 I paid was for costume. I had no tuition. I did not mind what the part was so long as I got a start in the profession.
(Thursday, May 24, 1906.)
ALBERT MCINTYRE DOWN , Law writer, 34, Colebrooke Row, Islington. I saw advertisement in the "Daily Telegraph" on February 15. I replied enclosing two photos of myself. In reply to a letter, I made an appointment and called there on February 22. I saw Watson. He offered me a part in "Dr. Minett," the premium being £2 2s. and the salary £2, or that of Captain Howard in the sketch "Diamond Cut Diamond" premium £5 5s., and salary £3. It was to start in about three weeks and last about six months and was to be somewhere in the provinces. The dresses were to be included. I accepted the part of Captain Howard. I called the following day, paid the money, and received a copy of the part. He did not ask me if I had experience. I had a receipt, which was afterwards returned to Watson. It was to the effect that it was for Captain Howard's part in the sketch, "Diamond Cut Diamond" and coaching for same and was signed by prisoner. I returned it by post as it did not slate the time of starting the sketch and the approximate run and asked for a proper contract. He sent me a strip of paper with about six lines on it as a kind of agreement, but with the same two omissions. I took it back, when I saw a man who introduced himself to me as Blackburn, the
touring manager. He said he knew nothing about it, but would send it on to Watson, who was away and would send me a proper contract in a few days. I had a receipt, which I had to dictate to him, of three or four lines, "Received from A. Mclntyre Down agreement for sketch, 'Diamond Cut Diamond." No contract came. I wrote and had no reply. I called and saw Blackburn. He asked if I had paid for the costume. I said, "No. I understood it was included in the fee." I had no tuition from them. The last time I called prisoner and Blackburn were there. I was asked to repeat my part, and got about as far as two lines when prisoner stopped me and said I was to put more light and shade into it. Blackburn said the sketch was to start the week after Easter for a run of fourteen weeks at the Grand Theatre, but I forget the place. I afterwards wrote this letter: "Dear Sir,—On or about July 22 I paid you the sum of five guineas for the part of Captain Howard in the sketch, 'Diamond Cut Diamond,' with a salary of £3 a week inclusive, including coaching for the same. At the time of payment it was distinctly understood that the sketch started at three weeks from above date for a run of about six months. With this understanding I paid you the above sum and also cancelled an appointment I had in business in order to properly study my part. Mr. Watson, at the time of payment of the five guineas, gave me simply a receipt for the money, which, of course, I returned, requesting a properly made out agreement or contract. In return I received a writing by no means in the nature of a proper agreement, the time for starting the sketch and its approximate run, together with any mention of consideration for the money, being omitted, etc. I received no reply nor have I had my five guineas back."
Cross-examined. That letter was addressed to the Syndicate. I would not say that the Grand Theatre mentioned was not at Walsall. I should not admit that the direction to put more light and shade into my part was good advice. I should be sorry to say anything in prisoner's favour. I was satisfied when I paid my money except for the two omissions in the receipt. I had no intention of going away for a holiday. I would not swear that I did not write and say I had other business to attend to and could not take the part of the Captain.
WALTER DREW (detective-inspector, E Division). At about 2.30 on April 17 I went with Sergeant Stevens to the prisoner's office with a warrant. "The National Theatrical Syndicate" was painted up. I went in and, saw prisoner and said, "Mr. Watson?" He said, "He is in there," pointing to an inner office. I went in and saw Dawson, alias Blackburn, as I afterwards discovered. I said, "Are you Mr. Watson?" He said. "No. he is out there." I returned to the outer office and said to prisoner, "Are you Mr. Watson?" He said, "No, he is
out." Dawson then came forward and said, "No, he is not—you are speaking to Mr. Watson." I then said, "We are police-officers" and read the warrant to him. Mr. Parker had previously communicated with us and the warrant related to his and Mr. Laneo's cases. He turned to Dawson and said, "They say it is fraud, Harry. Come to the station with me and back me up in this." I took him to Bow Street Police Station, where he was formally charged. He made no reply when the charge was read. Dawson went with us. I afterwards applied for a warrant for Dawson's arrest, but have not yet found turn. I searched the office the same day and found a number of papers, books, and documents. The ledger contained names and addresses, including those of Parker, Laneo, and Down. A payment of £2 2s. by Parker in January last appears, and others who have not appeared in this case. A memorandum-book contained entries of moneys for stamps and letter paper. There was also a small diary. [Books produced and various entries read.] There was also a rough diary [produced] containing names and appointments. Prisoner's private address was his mother's house at Tottenham. We did not find any press-copy letter-book, pass-book, counterfoil, receipt-book, or letters from theatrical managers asking to be supplied with artistes or anything showing that a genuine business had been carried on. This letter, apparently from the Theatre Royal, Worcester, came after the arrest, "Please send me day-bill of your attractions," dated April 24. The charge against Dawson is for combining with Watson. The warrant also contains the name of Reed as one defrauded. Prisoner said, "I know nothing about Reed. I merely wrote him on behalf of Dawson, making an appointment. Will this make it any worse for me?" I said he had better discuss that with his solicitor.
Cross-examined. I made inquiries of various people mentioned in the books and documents and of theatre managers. I found a contract was entered into with the Pier Pavilion, Southend, and at Walsall.
Re-examined. I found nothing emanating from the office with regard to "The Octoroon," or "Diamond Cut Diamond."
PRISONER (on oath). I have never before been charged with any offence. I started the business in Chancery Lane in partnership with a Miss Milner. My main object was to give dramatic training. I had received instruction in elocution and had previous experience. My branch offices constituted 88, Southampton Buildings, the back entrance to my former premises, 61 and 62, Chancery Lane. In regard to the plays mentioned as being on tour, I got the titles from the "Stage" paper, and was informed by them that some of the titles were copyright, and that I was at liberty to use the titles as long as I did not use the Miss. of the authors, so I knew I was not
infringing any rights. I told no one that I was touring the plays. I only said I was preparing to put on "A Tale of Two Cities," "The Jew," and "Octoroon," and the sketch "Diamond Cut Diamond." As to tearing off the covers of some of the books got from Dicks in the Strand, it was on account of the colours being so conspicuous that people might not care to be seen with them. They were like "penny bloods." The pages inside the covers contained the same matter. Miss Milner's name was changed to Maynard. She was in courtship with a minister, and she did not wish her friends to know that she was engaged in dramatic affairs. She holds certificates for elocution. I first met Dawson in Paris six months ago. He was touring "The Turkish Harem Girls." He afterwards joined me as assistant manager. I went to Paris for a holiday just before Easter, and returned on Easter Tuesday. When Inspector Drew came to my office he asked me if I was Watson. I said he was in the next office, as there were a number of people in the office. We had just finished a rehearsal of "The Octoroon." So many come in and ask for me when I am busy and I push them off on Dawson. If I had known he was a police officer I should have immediately said I was Watson. I had my own method of keeping books. I had a ledger for names and addresses and a long black book in which to take the names of artistes provisionally who would not pay a fee and did not want training, and if I heard of anything for them I would send it on—one was a dancer and one a singer—also a memorandum book in which to enter the names, and whether they would pay a premium or not. Some would not pay or call again. It was not my intention at first to put "The Jew" on the stage. My object in giving the parts was to cultivate the memory and voice. I intended to put "Diamond Cut Diamond" on a music-hall stage, and I called on Mr. Relf, manager of the London Music Hall, Shoreditch, with that view, and also Mr. Jay, of the New Holborn Music Hall. I was about to produce "The Octoroon" at the Hippodrome, New Brompton, and had a contract with them for April 23. The New Victoria Hall, Kettering, was doing business with us, and we engaged a Mr. Allerton as billing manager three weeks or a month before my arrest. We were to play "The Octoroon" for three nights. He took the hall. but could not produce anything. We also had negotiations with the new Theatre Royal. Leamington. We made a contract with Milton Bode to play "The Octoroon" for three nights, also with the Grand Theatre, Walsall, and the St. Leonards Pier Pavilion. All the contracts were at the office when I was arrested. When I took the money it was my intention to give the applicants parts at the different theatres. Hawkins paid £3 3s. for lessons in elocution and stage diction. Miss Milner and I gave him lessons of half an hour and more three
times a week in the part of Frederick in "The Jew." I did not promise him a definite part. I told him we anticipated a production about Easter, and it would be necessary for him to take a course of training at a fee of £3 3s. He asked if he would be sure of a part. I said, "That depends on your ability, Mr. Hawkins. Are you sharp?" He said, "Yes, I have a fairly good memory." I said I would give him a part to work up his voice and action, and I gave him a part in "The Jew." He left unknown to me and made no complaint and did not call for the return of his money. I also arranged with Parker. He paid me £2 2s. for lessons in elocution and stage diction. I never told him the number of companies I had. It is ridiculous to think that one man would have twenty companies. I told him I had not the "Royal Divorce" Company. I never mentioned "East Lynne." I did not offer him any salary in "The Jew." Later I agreed to give him the part of Trap in "Diamond Cut Diamond" and gave him lessons for, I think, five weeks, for £5 5s. inclusive. I told him if the sketch was a success at the London, or with Mr. Jay, that possibly Mr. Stoll would back it up and it would mean a very long run. I never saw Stoll. Parker's £5 5s. included instruction and the part. The name on the door, "The National Theatrical Syndicate," was succeeded by "The Northern Dramatic Touring Syndicate." They were both on the floor. I told Parker there was likely to be a disappointment in producing "Diamond Cut Diamond," and he said he wished to secure the old man's part (Pete) in "The Octoroon." I said, "You will have to pay something towards your costume," but that was afterwards waived. We parted on the most friendly terms. Miss Waldron paid me £5 5s. for the part of Grace in "The Octoroon." She left 10s. deposit, and called about four days after and paid the balance, for which I gave her a receipt. She came again for a contract and saw Dawson. He promised to send it on, but did not. She came up and saw me and said in a very impolite manner, "Why have you not sent me my contract? I don't like being treated like this. You promised to send the contract on." I said, "I never promised at all." She said, "Mr. Dawson did." I said, "I am not responsible. If he told you be would that ought to be sufficient." She said, "I have seen someone who has been here who was going, to take part in 'The Octoroon.' "Parker was the only man who was to take that part, so I drew my own conclusions. Dawson drew out a contract and I signed it at his request. She took it away with her. I think she asked when she was to come to rehearse, and Dawson said he would let her know. That was just before I went to France. I heard nothing more of her. The Grand Theatre, Islington, was not mentioned by me. I offered her £2 10s. a week, I think, and meant to pay it. I leceived £8 from Miss Le Brun. She called with the advertisement,
and I said I could give her the part of Dora Sunnyside in "The Octoroon" and that she would have to contribute something towards her dress. I gave her the part. I think her salary was to be £3 or £3 10s. a week. It was a leading part. I thought she was fitted to it, and I think so now. The play I told her was to be produced on April 16, 17, and 18 at Redditch. The dates were not guaranteed. She came the following day and said, "I don't think I can manage this part at all." I said, "Oh, yes, you must do it and not give it up because you are nervous." She said, "I don't think I can. As soon as I speak one line I seem to forget the other parts I have learned." I said, "You stick to it." Dawson said, "Of course, you must. You are capable of doing it and must not be nervous over it. We cannot take you off it." She said, "All right; I will have another try." We were anxious because she was the only artiste suitable for the part. She was an American and smart in her appearance. She said, "If I can't do it, will you give me a walk-in part? I don't mind what it is as long as it is something to do. I don't mind if it is to say anything or nothing." I said to Dawson, after, "It seems rather doubtful. If she is not certain of doing her part we had better have someone in case she does not." Dawson said, "Perhaps she will not mind waiting a week while we get someone from Denton." I went to him, and he sent up seven artistes. Three were engaged. One was Miss Benningfield. The Inspector has the contract with the girl who was to take the part of Dora Sunnyside in place of Miss Le Brun. I think her name was Fergusson, and she was engaged for a week. Miss Le Brun was to take a walk-in part, and under-study Miss Fergusson for the week, and, if capable of taking it then, to be taken on. She then demanded her money back. Dawson asked her if she wanted, the earth? I said, "Don't flurry yourself, it is all right," and offered her the part. I said to Dawson, "Give her a contract for Dora Sunnyside, to start Monday," and she said, "No, I won't have it. I have made all preparations. I want my money back." That was the morning I was arrested. I received £5 5s. from Down, and gave him a receipt to the effect that "I hereby guarantee to agree to engage Mr. Down in 'Diamond Cut Diamond.' "He looked at the receipt and took it away. I said the play would come off in London in three weeks to a month. He had the choice of two parts in the piece—either Captain Seymour or Captain Howard. He accepted the latter. I think his salary was to be £3 a week. I gave him the part, and he afterwards recited it to me at the office in the presence of Dawson. He had not had any coaching in the meantime. He got through three or four lines when I said to Dawson, "That is no good. Mr. Down, you must put more light and shade into it"—more variation and to work it
up better. He gave me two addresses as he was going on a holiday. That went on about three weeks, and he called, in my absence in the provinces, on Dawson, who told me on my return, "Mr. Down has been here, and I told him you were in the provinces and would send him on a contract." He also said he complained about the receipt; that it was not quite satisfactory—that I had not put the place where the piece was to commence, or a definite date of production, and the consecutive weeks the piece was to run. I told Dawson I could not possibly do that, for I did not know myself; in fact, I did not think it would come off at all. He made an appointment for Down to come one evening about six. I did not keep it, a* I went to the theatre. He then called at an unexpected time, and we were both out. He called again when we were both in, and I was much embarrassed as to what I should say in regard to the production of the sketch, because he had paid his money. Dawson said, "I will see to Down; you leave the matter in my hands." Dawson then said he would let Down know when he was to commence, or something to that effect; that he would write him in a week and make an appointment and settle with him. After he went I talked the matter over with Dawson, and he said, "I will help you in this, Watson, and tell you what we will do. We will put him into 'The Octoroon,'" and he was to commence at the Grand Theatre, Walsall. Then came a letter from Down stating the circumstances in which he was placed and the time he had lost. Dawson said, "He is kicking up a bit of a fuss. I suppose we shall have to do something with him," and said he would write him and settle things. The matter ended there as far as I was concerned. Laneo paid me £5 for the part of Trick in "Dismond Cut Diamond/' to include, coaching and dress. I think I promised to pay him £3 or £3 10s. a week. He came to the office for training, and I instructed him, relieved sometimes by Hiss Milner; three lessons a week of ten minutes or a quarter of an hour. I told him the piece would be produced in about three weeks or a month. All at once he left on friendly terms, and I never saw him again till at Bow Street. He made no complaint. I was ready to give him the pert if the play had come off. He did not ask for the return of the money. I introduced him to Parker, and told them to work up their parts together. We paid our office rent regularly. I never made any false representation. I did not combine with. Dawson. We worked together for our mutual good, and had full expectation of doing our work honourably.
Cross-examined. I know Mr. Marcus Maynard, a professor of elocution. He called on me some time ago for a post. I have not seen him since. His address was, "Care of 'The Stage.'" Professional cards do not have the proper addresses
on them. He left several cards. I had the note paper prepared with the name of "M. Maynard, secretary,' at the head. That was about six weeks after I went to Chancery Lane. "Touring Manager, George Blackburn" (Dawson) also appeared on the paper. I knew him as Blackburn in Paris, and I believed him to be experienced. Miss Milner and I represented the Northern Dramatic Touring Company. Dawson was not a member of that. Miss Milner acted as secretary. She is described as "M. Maynard." I caused this letter paper to be printed (produced), "Wm. C. Watson, general manager, Northern Dramatic Touring Syndicate, Limited." I do not know why "Limited." I think the change of name on the door was made six or seven weeks before my arrest. Dawson and I were the National Theatrical Syndicate. "The Northern Dramatic Touring Sydicate. Established 1898." It was not established in 1898 but in 1905. "Established 1890" appears on the written memorandum of the National Theatrical Syndicate. It was never printed. Blackburn's name is put in as Touring Manager but crossed out. He told me his name was Dawson. My object in putting "1890" was to make it appear old-established. I issued this advertisement in "The Daily Telegraph" of January 11 last. "In new dramatic productions" refers to the proposed production of "The Octoroon," and productions pending. I do not say "the new," but "in new"—something not produced before. It referred to the "Tale of Two Cities." No steps would be taken to produce it until I had got the articles, and I did not get them. I have no answer to give as to the "touring parties" except that they were imaginary. It was my intention to put them on. I also had "The Octoroon" in mind. The February advertisement relates to training. It says "to train for small parts." I was in a position to guarantee positions in "Diamond Cut Diamond" through Relf. I don't know if he is here; but I should think another witness might be called. The object of the advertisement was to get artistes to call. The "American musical success" refers to "The Girl from Mars." I did guarantee a long tour. "Splendid opportunity for entering the profession." I meant that I gave parts to artistes with a promise of salary; but I was not established long enough. No salaries have been paid. I cannot say just now whether there is any writing in the office to show that I made an arrangement for the production of "Diamond Cut Diamond" in London or elsewhere. The scenery referred to in the New Brompton theatre as 400 ft. of pictorial posting can be hired at a few hours' notice. There were. 100 posters on order for "The Octoroon." It is very hard to estimate how much we took at the office. I kept books when Blackburn was with me. I have been able to pay my rent and to have about £2 a week to live on.
Re-examined. Miss Milner had 50 per cent, of the takings. Sometimes I only got 30s., and at Christmas I went four weeks without making a penny. I gave the part of "Frederick" to Hawkins to cultivate his voice. I never promised to give anyone who called in Chancery Lane that part to play or to pay a salary for it. I have written some things myself. I wrote "Coming Home." It was never played. I intended having touring companies. While in Brixton Prison I have had letters from managers confirming contracts.
Verdict, Guilty. Sentence, Eighteen months' hard labour.
FOURTH COURT; Wednesday, May 23.
(Before Judge Rentoul.)
Mr. Arthur Hutton prosecuted. Mr. Doughty defended.
WILLIAM H. CARTER (sorting clerk at Woolwich Post Office), examined by Mr. Hutton. On December 111 addressed a Registered letter to the postmaster at Abbey Wood and prepared a remittance advice for £60, and another registered letter to the postmaster at Belvedere, and prepared remittance advice for £40. I counted out the gold.
JAMES JOSEPH HALL (chief clerk of the Woolwich Post Office), examined by Mr. Hutton. I counted out the money referred to by last witness and the money was placed in a bag and enclosed in a canvas bag.
Cross-examined by Mr. Doughty. The money was placed in the ordinary mail-bag with the ordinary correspondence for Abbey Wood and given to the postman in the ordinary way, and the postman does not know what is in the bag. £100 in gold would weigh 2 lb. The bag would be handed to the postman at 6.11 p.m., and the train is timed to arrive at the Arsenal at 6.16, but was late. There are a number of holes in the bag; it is half way worn. The practice is to tie up holes with a string and seal it, which makes it intact. It is not a bag which we should use in ordinary course; it is a "combined" bag. When a bag has holes in it they would tie it below the holes.
To Mr. Ashton. It was not possible for the package to have slipped through these holes.
A Juror pointed out that there is sealing wax on the large hole now.
JAMES F. FINSMORE (sorting clerk at Woolwich Sorting Office). I received these two remittance letters. The string; is tied twice round the bag and the seal placed on top. There were no holes whatever in the bag at the time. I examined the bag.
Cross-examined. I do not swear to the bag produced being the particular bag, but it was a similar one. The bag would be examined, and any holes would be sealed. I saw the bag was in good condition before it left the office. The bag is not in good condition now. We make a practice of carefully examining every bag that leaves the office.
LEWIS HADDOCK (postman at Woolwich Sorting Office), examined by Mr. Hutton. I received the bag at 6.10 p.m. on December 11, and there was no rent in it. I took it to the station and put it in the guard's van. I waited at the exit some little distance from the train to see the train out. It was 10 minutes in the station.
Cross-examined. It is the custom of the Post Office to send coin in this way. The van was at the rear of the train. I handed the bag to the guard and he put it behind him. I saw the guard go to the front of the train, and the van was left with nobody in it for about 10 minutes, and it was a foggy night. I examined the bag to see if it was properly sealed. It was in good condition.
To Mr. Hutton. During the time I was on the platform I did not notice anybody go into the van.
HERBERT LEWIS CROWBURN (S.E. Railway guard). I was in charge of the train on December 11, and we started from Cannon Street at 5.25, 21 minutes late; it was very foggy. Train was crowded, and many passengers in my van. At New Cross prisoner came and got into my van, saying he was going to Erith. He told me he was in the company's service. The other passengers left my van on the journey down, and at the Arsenal he was alone. The train waited in the station 15 minutes and I was looking after my train. Last witness came up with mailbag, and I placed it on the floor. Prisoner was in the van. On arriving at Plumstead he said he was going to see some friends and he got out there. At Belvedere the postman received the bag. Coming back, we left Dartford at 7.9 and got to Belvedere 20 minutes later.
Cross-examined. We were running with caution the whole way. Prisoner said he must go by the train, and so I let him in; the train was full; my van also. He told me he lived at Erith. At New Cross he said he was going to Erith. He told me he was going to see some friends on arriving at Plumstead. I gave a statement to Inspector Martin, and I realised I was one of the people under suspicion.
To Mr. Hutton. It takes eight minutes to go from Plumstead to Belvedere. I have been in the service of the company for 4 1/2 years and borne a most respectable character.
To Mr. Doughty. Train was late, and, being in a hurry, I ran. There was a large cardboard box at the bottom of the bag. I did not know it contained money. It was the usual kind of mail-bag, but a rather large one.
ALFRED PARR (acting head postman at Belvedere Post Office). I received the bag from last witness at 6.43. The two packets of £60 and £40 were not in it I noticed a rent in the bag. No letters were lost between station and Post Office.
ETHEL BEACHY MILLER , examined by Mr. Hutton. I am the daughter of the Belvedere station master. On December 11 I was staying with friends at Maidstone, and returned to Belvedere. I went direct to my father's office, and there was nothing on his table. I went back at 10 o'clock, and I saw some papers on the table (produced), and I gave them to my father.
Cross-examined. My father would be in and out of the office most of the time. It is in the centre, of the station. I am my father's clerk, and I went to see if there were any invoices. I looked for the shipping book on both tables.
JOHN COMPTON , clerk in secretary's office, G.P.O. After the robbery this matter was placed in my hands. Early in March I saw prisoner at the engineer's offices at New Cross Station. I cautioned him. He admitted that he told a colleague of mine that he left the train to buy some badges at a military outfitters—Shirley, Brooks. I put it to him that he did not do so. He said when he got near the shop he found he had not got his volunteer's card. He admitted that he had an account at the P.O. Savings Bank. I saw him again April 19 at same offices, and told him there was no such place as Shirley Brooks in Plumstead Road, and that he had no account at the P.O. Bank at the chief office. He said he meant the chief office, Erith. I said that was not true either. Then he said his account was at New Gross P.O. The statements he made at the first interview I wrote out and sent to him to sign and return; this he had not done. He said he had forgotten about it. He signed the statement in the Erith Railway Station, and furnished me with the number of his savings bank account. It was opened on January 16. He was getting £1 a week in wages. He paid in on January 16 £2, 22nd £2, 29th £2, February 2 £5, 17th £2. After my interview with him he drew it all out. I saw hint on April 26.
Mr. Doughty objected to any statement made on April 26 by prisoner on the ground that it was not a free and voluntary statement, out one "flowing from fear, exacted by a person in authority." (Reg. v. Thompson, 2 Q.B., p. 15, Cave, J.)
Judge Rentoul ruled that the evidence was admissible.
On 26th Inspector Martin said, "Jefferies says can he pay the money back in instalments?" I said, "The case is a very serious one; I must caution you that any statement you make must be
taken down." I said, "Did you not take the money?" He said, "Yes, I did." I said, "Is the money deposited in the bank part of the proceeds?" He said, "It is." I said, "What have you done, with the remainder?" He said, "I squandered it." I telegraphed for instructions to G.P.O., and acting on them gave him into custody.
Cross-examined. No one was suspected at first. Prisoner was not suspected until after my interview, and I found all his statements false. Shirley Brooks lives in Artillery Place, two miles off on Woolwich Common. This is, the statement he signed on April 19, "I have no recollection of seeing the P.O. mail-bags. I remember the bundle of surveyor's pegs, but no mail-bags came under my notice. I did not buy my, badge, for when I reached the shop I had not got my card of membership. I reached Erith at eight. I did not get out at Belvedere," etc.
On April 26 he had some brandy—only a spoonful. He did not sign any confession.
GEORGE THOMAS MARTIN , Inspector, General Manager's office, S.E. Railway. On April 26 I went to New Cross with Compton. and saw the prisoner in Mr. Osborne's room. I saw him alone first. I said the matter assumed a serious aspect; they have conclusive evidence against you. He began to cry. He said, "Do you think they would let me pay it back in instalments?" I repeated that to Compton.
Verdict, Guilty, with a strong recommendation to mercy on account of the suddenness of the temptation and prisoner's youth. Sentence, Six months' hard labour.
Mr. Bodkin and Mr. Leycester prosecuted. Mr. G. L. Hardy defended.
ALBERT PENNELL , carman and contractor, 55. Auckland Street, Vauxhall. About March 18 prisoner called on me. I had a carman in my employ, Donovan. Prisoner asked if I knew that he was selling my horses' fodder to a costermonger in Heman Street. He said he had seen it I asked him to call and see me again, and I would look the man up. He came again. and said the thing was still going on. I had the man watched, but could find out nothing. Donovan had been with me four or five months, and I always found him honest. Prisoner came again and asked me how was it going for his information, and I, believing it was true, gave him 2s. 6d. I said. "If you, find anything out I will prosecute." If I had thought the whole of his story was untrue I would have given him a hiding. I suspended Donovan for six weeks, making inquiries all the time.
Cross-examined. I have 60 men in my employ and more than 60 horses. I knew that things do go on at times, but I have never been in that net. I made no note of the conversation. When prisoner first came on March 18 he did not ask for money; when he came again he did. He told his story first before he asked for money. I said if I found the thing out I would recompense him now.
FRANK DONOVAN , carman, 15, Lord Street, Vauxhall. In March of last year I was employed by Pennell to drive a horse. I took fodder out in the morning and drove past the end of Heman Street three times a day. I have never had any transactions with a costermonger in Heman Street. I have never sold Pennell's fodder to a costermonger or anyone else. I was suspended for some weeks, and my wife and children were starving.
Cross-examined. I go out of the stables at six and get backst five. I know the Nottingham Arms, top of Heman Street, but I don't make it a rule to drink while at work. I have never heard of cades where fodder has been missed.
WILLIAM GLIBBERY , job master, 55, Alderney Road, Mile End. Prisoner called on me on March 30 and asked if I knew that one of the carmen was selling horse fodder. I said I knew nothing of that. He said it was a little, short, stout chap. I have only one man of that description, Amos. He said he saw it three times a week at Iron Gate Wharf, Tower Bridge; the carman drives down there and takes the bait-bag and empties it into a costers barrow. He said the coster lived opposite Charrington's coal wharf in Cable Street. He asked me if I would let him have a few ha'pence and I gave him 2s. I told him to call at eight p.m. I placed him in a brougham in a dark spot so that he could identify the man. He said "That is the man (Amos); I could tell him out of a thousand." I said, "I will inform the police." He asked for 4s., and I gave him 3s. and promised more after getting through the job. I saw him no more till he was in custody, April 2. I reported it to the police, and had the carman watched by four detectives and suspended him for two weeks, but found nothing out.
Cross-examined. I employ 12 or 14 men regularly. I belived prisoner's story. We know that sort of thing goes on, and I was pleased When prisoner came. If my horses appeared in poor condition it would arouse my suspicion. The horses that Amos drives are in splendid condition. If they had gone back I should have known that they were not getting the fodder they ought to have. I did not tell Amos about it till we were subpœnaed.
To the Jury. I should not have been inclined to think that my horses were being deprived of food if prisoner had not come to me.
SAMUEL AMOS . I have been a carman in the employ of the last witness for 12 years. I do not know anybody called Miller in Cable Street or elsewhere. I have never sold my master's fodder to Miller or anybody else. I do not know prisoner.
GEORGE JORDAN , detective, J Division. On April 6 Glibbery gave us information as to Amos, and I and two other officers watched him from 7 a.m. till 11.30 a.m.; he was only doing his usual duty. I did not find Miller at Cable Street.
Cross-examined. We followed Amos in a van. He stopped to breakfast at a coffee shop and put the nose-bag on the horse.
CHARLES FOSTER , wharfinger, 39, 41, and 60, Bermondsey Wall. On April 6 prisoner came and said one of the men was selling horse feed. He described the man as a short dark man with a red moustache, driving a pair of black horses. I have a man who answered the description, Thomas Martin. He said the food was sold to Miller in Bridge Road, Bermondsey. He said the sack was shot into another sack, and the empty one was thrown away. He said he thought his information was worth something; he asked for 5s., I gave him 2s. 6d. I believed it was genuine information at the time. He said Miller lived at Tabard Street, Great Dover Street. On April 9 he returned and said it was still going on. I said I did not believe it as I had had the man Martin under observation, and I found him going about his business as an honest man. I asked prisoner if he was telling the truth; be said he was. He said he was well in with the police, especially the detective department. I gave him 6d. the second time. He said in case I heard anything I was to write to him, and he wrote down John Taylor, 24, Sumner Road. Old Kent Road. I saw the police same afternoon. Martin has been with me for six or seven years.
Cross-examined. I employ 40 or 50 men. A man always takes the same horses out if they are all right. No doubt this sort of thing is done, but not by an honest man. I never found I missed my feed.
To the Jury. I should not have suspected that my horses were being deprived of their feed if the prisoner had not come.
THOMAS MARTIN , carman, 1, Virginia Road, Dockhead. I have been carman to Foster for six years, and I have driven a pair of black horses for three years. I do not know any person of the name of Miller at Tabard Street, and I never met a man in Bridge Road. Bermondsey, and shot a sackful of bait into a sack for him, and then thrown the empty sack away; nor have I ever disposed of any of my master's fodder.
A. EDMUND LLOYD (A. Lloyd, Limited, Mill Street, Dockhead) Prisoner called and saw me on April 10, and asked me if I was aware that we were being robbed by a carman of corn and chaff. I told him I was not. He described the man short and dark with dark moustache, driving a pair of greys.
(Barry drives the only pair of greys we have.) He said he disposed of the feed to a coster, Miller, of Tabard Street. He said it was at seven, on his way to Surrey Commercial Dock. He had seen it happen three or four times in one week. He said he thought it a shame that carmen when they had a good situation should abuse it and rob their employers. He said his name was John Williams, 24, Sumner Road, Peckham. Following morning he said it would be sure to occur at Easter as the man would want a little extra money. I asked him how much he wanted, he said 2s., and I gave it him, because I believed he was telling me the truth. I informed the police, and they found nothing. As Barry had been with us for 15 years, I thought it would not be fair to believe him; he had been always honest. I saw no more of prisoner.
Cross-examined. We employ 500 men. First time he did not ask for money; second time he asked for a drink, and I interpreted it to mean money. There was no drink on the premises.
JOHN BARRY , carman to A. Lloyd and Co. I hare been with Lloyd's 15 years, and I drive a pair of greys. My round is to go to Surrey Dock. I never sold provender to Miller or anybody else. I don't know prisoner or Miller.
FREDERICK PERCY , carman, 48, Queen Elizabeth Street. On April 28 prisoner came to me and said one of my men was selling provender to Miller in Tabard Street The carman was then with light moustache and motor-cap. His description fitted Gliddon. In the afternoon he came again and said the game was still going on. I gave him 2s. I believed his information. When he came the third time I would not see him. Before that he told me he had an income of 17s. 6d. a week. I saw the police in the matter. Gliddon had been with me for six years, and I never found him other than honest, and I had no reason to think fodder was being sold.
GEORGE HARDY , detective sergeant, M Division. In consequence of information I went to Wood's Office in Tooley Street, and prisoner came in and saw a clerk (Richardson). He said he had come to see Mr. Wood about a carman who was disposing of provender. Richardson said, "What do you want?" He said "I want 2s.—make it 2s. 6d. "He gave him 2s. 6d., and I stepped forward and told him I would arrest him for giving bogus information. I have watched T. Martin, J. Barry, and N. Gliddon, and I have never detected any dishonesty. I have made inquiries at 24, Sumner Road, Peckham, and not found that John Taylor, or John Williams, or Sheen are known there.
Verdict, Guilty. A previous conviction proved. Sentence, Five years' penal servitude.
Verdict, Guilty of being in possession of stolen goods. Other convictions were proved, and it was stated that prisoner has not been out of prison for a fortnight since 1903. Sentence, Two years' hard labour.
OLD COURT; Thursday, May 24.
(Before Mr. Justice Sutton.)
SAMUEL BURNS . I am a draper, employed at Longways, 279, Commercial Road. On May 5, about five minutes to twelve at night, I was going down Watney Street, with the intention of going into a shop where I deal regularly every Saturday. I had my money in my hip pocket, gold, silver, and bronze, mixed up together. I pulled my money out to get some coppers, and having picked them out, placed my money in my right hand trousers pocket. I was then struck in the chest by the prisoner, and I fell backwards on to the pavement. Prisoner got on top of me and put his hands in my right trousers pocket, and took my money out. I caught hold of him by the wrist, with one hand, and with the other I opened his hand. Some of the money dropped on to the pavement. I got out from underneath him and tried to pick a sovereign up I saw by his foot, but I could not because he was kicking. Prisoner got up and tried to get away, but I held on to him, and then a constable came up, and the people all round shouted, "Take him, take him."
WILLIAM COMBES , P.C., 194 H. On Saturday, May 5, I was on duty in Watney Street and saw prisoner and prosecutor struggling on the ground. I hurried to the scene, and when I got to them both men had got up. Prisoner was struggling to free himself, and he was then given in charge by the prosecutor. He made no reply to the charge. I did not see any money lying on the ground. I searched him at the station and found on him 21s. 6d. in silver and 1 1/2 d. in bronze.
BURNS, recalled, described the injuries he received in the struggle with prisoner.
Verdict, Guilty. Prisoner pleaded guilty to a previous conviction, and several other convictions were proved against prisoner, dating back to 1880.
Sentence, Five years' penal servitude.
Mr. F. W. Sherwood prosecuted.
ANNIE BOTT . I am the wife of prisoner, and live at 37, Richford Street, The Grove, Hammersmith. On Sunday, April 22, I returned home with, my daughter, Elsie, at 25 past 11. My husband had been absent from home two days. He works under ground—a miner I should really call him. I found him in bed very much the worse for drink. I asked him to get up and he replied, "Very good." He got up, drew a knife from the pocket of his trousers, which were lying by the side of the bed, and stabbed me twice at the back of my neck. I leaped over the other side of the bed and put up my hand to protect my neck and the Knife went through it. My daughter Elsie was in the room. As soon as my husband realised what he had done he called for a doctor to be fetched at once. I left the room and ran up the back staircase into the lodger's room. He followed me and asked for a doctor to be fetched at once. He did not remain in the house. He was going for a doctor himself, but the lady in the front room fetched someone to go. There was a light in the room when this happened; I had just lit a candle. I did not see him again that night after he was taken into custody. I should say it was about an hour afterwards that Dr. Lyth came and did my wounds. I was taken to the West London Hospital the same night, where I remained a week.
To prisoner. You were in drink when you did this. You are a very good-tempered man out of drink. I have always said that; it is only the drink that is your fault. I did not want to "bull-dog" you. I only asked you to get up. I was sorry afterwards I had said anything. I did not send for you to turn the man out of the house that I was living with. I did not leave you; it was you left me.
Prisoner. I should think so when you was catched in bed with another man.
JOHN BALL , Police-constable, 267 T. On April 22 I saw prisoner in the street coming away from his house. In consequence of what he told me I took him back to the house and asked the woman (Mrs. Bott) if that was the man and she said, "Yes." Prisoner said: "Ism very sorry for what I done. I done it in a fit of temper. I was going for a doctor, but I did not know where one lived. She agitated me to do it I was in bed asleep at the time. She told me to clear out, and I stabbed her. I am truly sorry now I realise what I have done." He was then taken to the station and charged with attempted murder. In reply he said, "I do not want to murder the woman; it was never my intention. It is hard lines when the wife keeps nagging and jagging after being away five years and her living with another man." He seemed perfectly sober when I arrested him. That was about 11.30.
To the jury. Prisoner was about 300 yards from his house and walking at a fairish pace. I could not say that he seemed in a hurry to escape. It might have been that he was hurrying to fetch a doctor.
EDGAR ROWE LYTH , medical practitioner, 117, Goldhawk Road, Hammersmith. I was called to 37, Richford Street about midnight. On examining Mrs. Bott I found one wound at the back of the neck 2 in. in length and 1 1/2 in. in depth and a wound 1 in. in length and 1 1/2 in. in depth 3/4 in. below the other. There was also a wound between the index and middle finger of the left hand running down, and a superficial wound at the back of the left thumb. I regard the wounds on the neck as serious because of their extent. They had not opened any large bloodvessel, but were near to the main vessels of the neck. I attended to her and stitched up her wounds and she was removed to the hospital by my orders. I did not attend her after that night.
To prisoner. It is not a falsehood that the wounds were 1 1/2 in. deep. It is not impossible for such wounds to heal in a week, at the end of which time the woman left the hospital. I carefully cleaned the wounds and stitched them up and they healed very rapidly by first intention.
Re-examined. From what I saw of the wounds I should expect them to heal in a week, owing to the fact that they were cleaned and stitched up so soon after. They were clean cut wounds, not contused wounds. I did not expect she would be out quite so soon when I gave my evidence at the police court. I said she would probably be unable to attend for a fortnight; but, of course, one has to estimate risks, and I could not say the wounds would do as well as they did. She was able as a fact to give evidence eight days after. The wound in the hand was not healed when she left the hospital.
PRISONER (not on oath): All I can say is I was drunk when I went to bed. and did not know what I had done until I saw the blood. When I saw what I had done I wanted a doctor at once. I was asleep when my wife came in. She started pulling the clothes off me, called me names, and told me to clear out. I did not know what I was doing, having been drinking heavily. She had been living with another man. I suppose she had been with him on Sunday night, and I suppose started on me, so that I might go out again and make room for him. Going to bed drunk, and waking up in that way, I did not know where I was or what I was doing. It is hard lines on a man who goes to work underground with his top shirt off to go home and be abused. It is like hell to be where she was. (In answer to the Jury). I had not been living with my wife. She sent for the children to come back home, and wanted me back home, and I thought it was my place to be with my own children,
and I had to go and throw this man out in fact, tell him to go. As to the stabbing I do not know anything about it; I was drunk. I do not want to do the woman any injury. I would rather do her good as far as lies in my power, not stab her.
Verdict, Guilty of unlawfully wounding. Sentence, Six months' hard labour.
NEW COURT; Wednesday, May 23.
(Before Mr. Recorder.)
FANE, Frederick Arthur (63), and PEACH Phillip Montague (32, clerk), were indicted for having on May 29, 1905, feloniously forged a warrant and order purporting to be a bankers cheque for the payment of £900, drawn by F. C. T. Gascoigne on Messrs. Drummond in favour of P. F. Tate or order and uttering the same knowing it to be forged; further, with feloniously forging on May 29, 1905, a cheque drawn by F. C. T. Gascoigne on Messrs. Beckett and Co., of Leeds, for £900 and uttering the same knowing it to be forged; further, on July 24, 1905, feloniously forging an order for payment of £350 on the Bank of Ireland and uttering the same knowing it to be forged; further, fraudulently conferring together, with Edward Willing and Maud Willing, to cheat and defraud of their moneys divers subjects of His Majesty.
Mr. Horace Avory, K.C., and Mr. Arthur Gill prosecuted.
Mr. R. D. Muir and Mr. Leonard Kershaw defended Fane. Mr. Travers Humphreys and Mr. W. H. Thorne defended Peach.
EDWARD WILLING . I am now undergoing a sentence of penal servitude for forgery on a conviction in this Court in October last. On November 7 I saw Inspector Arrow at my request and made a statement to him—amongst other things in reference to the forgery of Colonel Gascoigne's name, for which I had been convicted. I have known Peach for about 12 years. Maud Willing was convicted with me, and also Mrs. Hughes, the mother of my sister-in-law, Sybil Willing. I had been living with Maud as my wife, and was so in December, 1904, at 94, Elm Grove Road, Barnes. She did not know Peach till I introduced him in December, 1904. He used to come to the house very frequently. I have known Captain Fane about 17 years. He belonged to the Naval and Military Club, Piccadilly, and the Eccentric Club, Shaftesbury Avenue. I introduced Fane to Maud on May 13, 1905, at the Drayton Arms, South Kensington. Fane was living at 28, Drayton Gardens. In December. 1904, Peach mentioned one Kemp to me as a very expert forger, and said he could imitate anyone's handwriting—man. woman, or child. He said he lived at Brighton, but gave no
address, or full name, nor did he ever introduce me to him. He called him "The Hermit" and "Jim the Penman." I had no further knowledge of him. I knew there was a Colonel F. C. T. Gascoigne, of The Hall, Parlington, Aberford, near Leeds, in April, 1903. He sent me a cheque for 30s. on Beckett's Bank in April, 1903 [produced ex. 49]. I had been told of him by a lady. I cashed it at once. The next cheque I saw of his was for £2 2s., payable to Colonel Fane. It is dated May 12, 1905, and is on Drummond's. I had had a conversation with Peach in January, 1905, about Colonel Gascoigne. I told him he was a man of wealth, and if we could only get his signature it would be all right and Peach wrote to the Colonel. I saw the answer, from some place in Italy, on the Riviera, asking for a reference. I think it was signed by his private secretary. I told Fane of the Colonel about May 1 or 2, 1905, and explained the difficulty of getting a cheque from him. I told him he was a man of great wealth. He said he had heard of him; so we went into the Drayton Arms and had a drink, and, after further conversation, he said, "How about if I wrote him a letter asking for a subscription towards a soldier servant of mine, of my old regiment, the Rifle Brigade, who has fallen on evil times?" I said, "That might fetch him." He wrote a draft copy, which, as far as I can remember, was "Dear Sir,—Pardon the liberty I am taking, but I am getting up a subscription for an old soldier servant of mine of my old regiment, the Rifle Brigade, who has fallen on evil times, and should be thankful if you could send me a trifle." He said, "The less said the better." He said he would write it from he Naval and Military Club, and would also write it to somebody else. I do not think the soldier servant existed—he mentioned no name. I first mentioned Peach to Fane in April about some other business. I told him I knew a man who had a man behind him who was a very clever forger. I had previously called at the Eccentric Club on Captain Fane about April 12 or 14. He had just returned from Madeira. We went into the Cafe Monico and had a drink, and told him about Peach and his forger. He said, "Well; that is good." I told him of two other successful forgeries, and we met the next day, when he gave me some documents and on April 26 we cut up the proceeds of a forgery we had just carried out. He gave me £75, and he had £25. When I met him again eight or nine days after he said he had not had an answer from the Colonel, and he would write him again. On May 15 Peach and I at four o'clock met Fane at the Drayton Arms, and gave him) some money out of another forgery that had just been done. Fane had £10 for the use of a club form to effect it, otherwise he had nothing to do with that. The cheque is for £163. He said he had not heard from Colonel Gascoigne; but 24 or 48 hours after I had
a telegram to, meet him, and he handed me a cheque (ex. 18) and a letter. The cheque is dated, May 12, 1905, drawn on Drummond's, payable to Colonel Fane or order" for £2 2s., and signed "F. C. T. Gascoigne." The letter apologised for the delay; but his letter had been mislaid. Fane said, "I have got a couple of forms for you," alluding to the cheque forms. I telegraphed to Peach to meet me at Barnes. He gave me the cheque, letter, and forms. He said, "If any trouble should come about this forgery we can easily concoct—or "dig up" I think his expression was—the soldier servant, and get a man to write me a letter in an illiterate hand from a lodging-house to acknowledge the receipt of the money." These are the cheque forms he brought first, crossed "Holt and Co., Naval and Military Club, not negotiable." I told him the Colonel banked at Beckett's, Leeds, and it was arranged to do it for a large amount. He said, "The larger the better," and suggested some £2,000 or £3,000 for each of the two cheques. I said it was too large, and asked, "Who is going to pull the chestnuts out of the fire?" and suggested a sum just under £1,000 for each. We agreed on £900 on each banking account at Beckett's and Drummond's. I took the specimen cheque and letter to Peach that night. I told him we were going to forge two cheques for large amounts from the specimens. Peach was to forge them or get them forged. Peach came to me at Barnes, and I gave him the specimen cheque, the forms, and the letter. I said, "Let me have the £2 2s. cheque back as soon as you can." I cold him we had arranged £900 for each cheque and suggested they should be cashed simultaneously in Leeds and London and that Maud should go down and cash the Leeds one and I would cash the London one. Those forms were open. Fane said, "I must go to Switzerland; hut as soon as you get the money wire me and come over to Schoenek, near Lucerne, and I will cash the notes for you." Peach gave me back me £2 2s. cheque, I think, on May 19 or 20. He said, "It is all right. My man has taken a tracing of it and has got all he wants," and I returned the cheque to Fane and told him Peach had done all that was necessary. I saw him the next day and asked him if he had cashed the cheque. He said, "Yes, at the Naval and Military," and said to the steward, "They have given me brevet rank," referring to the cheque being drawn, "Colonel Fane." He went away on May 24. He gave me his dog, "Smut," to take care of. I explained the matter was out of my hands—that I was hurrying Peach on all I could and I would wire him as soon as I could. I wired him, "Will be with you on Tuesday." He went to Switzerland, I think, for his health with a friend. Peach promised to bring over the two forged cheques on Sunday night. That is why I promised to be with Fane on Tuesday, and they were to be
cashed on Monday, but he did not turn up with them till Monday, 29th, filled up, as they now are, both on forms of the Naval and Military Club. Maud was with us. I said, "You two go down to Leeds, I know how to do it. About 11 o'clock send the notel porter to buy something and let Peach follow the man. and see that he follows him properly. I will stop in London and cash the other." They went to Leeds with the other £900 cheque. The next morning I went up to town and went to Pound's, in Regent Street, and bought a portmanteau. I said, "I have not got any money in my pocket—give me a bill and I will send somebody to pay for it and you can receipt the bill." I took the bill away. I think the bag was £10 10s. I then went to the Langham Hotel and wrote a note in the smoking-room on the hotel paper: "Dear Sir,—Please hand bearer in exchange for enclosed cheque 16 £50 notes, five £10 notes, five £5 notes, and the remainder in gold."—(Signed) "P. F. Tate." That is the name of the payee on the cheque. It is addressed to the cashier, Messrs. Drummond and Co. I told the coffee-room waiter to get me a messenger-boy and I gave him the note with the cheque and Pound's bill and told him to go to the bank. That is the boy. [Hinton stood forward.] I went and had some refreshment and the boy was shadowed by a friend while he went to the bank and to Pound's. My friend then came to me and said, "It's all right: It's a bigger bag than the boy himself." The idea of the bag was to satisfy me that the money had been got, otherwise the boy would not have the bag I then got into a cab and went to Farringdon Station, where I told the boy to meet me. This is the portmanteau [produced]. I did not want anything that the boy could put in his pocket. I found the boy behind the bag. He handed me an envelope containing £889 10s. being £900 less the price of the bag. I think I gave him 2s. 6d. or 5s. for himself. This is the ticket I signed. I put the portmanteau in the cloak-room and never took it out. I returned to Barnes and saw Peach and Maud; Peach was in a great state of mind. He said he had had a terrible disaster—that Maud had sent the man off—that they had been followed and he was 25 minutes in Beckett's Bank—that he then went to the shop to fetch the parcel that had been ordered, and he came away without it—Peach, thinking he had not got the money. ran away and left the man walking about with £900—that they left their luggage behind them at the station. My wife blamed Peach and said it was his cowardice and that he made her nervous. I said. "Mine is all right—I have got mine." That made a great difference in my plans, because if the cheque had been cashed I should probably have gone to Schoenek with the money, but I thought that, if there should be an exposure in Leeds there would be probably an exposure in London, so I
sold a portion of the notes for gold at 85 per cent, on Derby Day morning, and I think it was completed the next day. I remember now that £350 in notes of the money from Drummond's I did not discount. I gave those to Peach, and said, "This is for your friend, the forger. Let him change hit own money"—or "the Hermit," whatever I called him. I gave Peach £10 on Derby night, and told him to come next day and I would settle up. On Wednesday morning I went into the London City and Midland Bank in Barnes, and opened an account with £100 in gold and notes, and sent Fane £75 by registered letter. I had before received this telegram from Fane: "Not kept promise—conclude my business not done, so must return immediately. "I wired him: "Have sold one house." That is written by Peach on a post-office form and sent from town. I also wrote a few lines in cypher used by Peach. This document was taken by the police when I was arrested at Worthing. That is the cypher. It conveyed to Fane that one cheque had been cashed at Drummond's, but that we had a disaster at Leeds owing to Peach, and that I would write again and let him have the balance, a third. On June 2 I received this telegram from Fane just before we were going to the Oaks: "Letter not received; wire explanation and remit, or must return. Take care." I wired back: "Sent registered letter Wednesday, addressed as above. Will inquire." That evening I received another telegram: "Received. Writing." These telegrams, addressed "In running," are in Fane's writing. I got 2,000 francs in French paper money from a friend staying with us in exchange for gold, and sent it to Fane on June 8, and told him not to send more letters or wires to my house from Schoenek, as it was not advisable, but to write to me in cypher addressed to Mrs. Collins, a newspaper shop in Hammersmith Road. I afterwards sent him a cutting from the "Morning Post" of the death of Colonel Gascoigne. Maud called for letters at Mrs. Collins's. I answered them in cypher. They were destroyed or taken by the police. I met Fane in July on his return, and told him what occurred at Leeds, and how the money had been left behind. He was very angry and swore, and said he wished he had stayed in London, and would not have Peach in these things any more, and would try and get into direct communication with the forger himself. I said, "He keeps him very close. I can't get at him. He has been always coming to see us, but has never been yet." This cheque for £8, dated July 25, was found on Fane when arrested. It was signed in blank by me and filled in by my wife to give to Fane, and is on the London City and Midland Bank. We were all hard up, and he said, "If I can't get any money I will cash the cheque at the club. He knew there was nothing at the bank to meet it. He afterwards pent my wife £5 by telegram.
It was cashed for Maud and me to go to Ireland, which we did on July 26, and cashed a cheque there for £350. It is drawn on plain paper and purports to be signed by Robert Hodgson. We arrived at eight a.m., left for Belfast at three p.m., and left Belfast at eight Peach was to have a share in that, but did not get it. In August Maud, Sybil Willing, and I went to Worthing. We got this letter from Peach: "I managed to get £9 advanced on one of the club forms in your name, post-dated August 11, so you had better write to City and Midland stopping same in case I don't raise the ready by then." The club forms I had obtained from Fane. "Shall do my best to get as much as I can for Kemp. Can't lose him for £50, but you need not meet cheques. I have two more which I may as well use, as I don't altogether intend getting 18 months for nothing. If I don't get the cash to repay by Friday, August 12, you will know I was obliged to hook it Sorry to put you to inconvenience, but I don't see why I should lose my man without an effort. Going to Goodwood to-morrow," etc. We received this letter, which I think is in Fane's writing, postmark, "Paris, August 19," headed "Eccentric Club," addressed to Mrs. Willing: "My address from to-night, Fulbrook, Worcester Park, Surrey." We also received this in Fane's writing: "Fulbrook, Worcester Park.—This is my address. Arrived here yesterday.—Yours, F." Also this: August 24.—"Dear Mrs. Willing,—Sorry you have been so bad. The American dentist companies are the best people. Now business. If the results are to go to Paris, or elsewhere abroad, and if I am to take them I must be in town the day before and see you and C. [Willing] and arrange things. When in town I shall put up at the club. No mess must be made this time. Hope Smut is well.—Yours truly, F. P.S.—Not a moment must be lost in getting over there. Four trains daily to Paris." That was received shortly before my arrest, on August 30. It has nothing to do with these cheques, but with another cheque we had arranged to do under £1,000.
Colonel FREDERICK RICHARD THOMAS TRENCH GASCOIGNE . I am a son of the late Colonel Gascoigne, of Parlington Hall, Aberford. Leeds, who died June 12,1905, in his ninety-second year. He was very well off. I was one of the executors and had charge of his papers. All the furniture was sold and I destroyed all documents, papers, and old cheques of no apparent value. These two cheques for £900 each—one on Beckett's Bank, which was repudiated, and the other on Drummond's—I should say were forgeries, but I am not an expert.
Cross-examined by Mr. Muir. I know that both banks passed these cheques. I cannot say if Drummond's return customers' cheques. Beckett's do not, where I bank. The pass-books
were kept. The colonel did not keep account of private expenditure. I had no reason to suspect forgery.
EDWARD WILLING recalled. Croat-examined by Mr. Muir. I have known Fane about 17 years. My father was an officer in the Royal Navy. I had no occupation when I met Fane, except racing. I had small means. I belonged to a club in St. Georges, Hanover Square, and the Temple Yacht Club. Fane is considerably my senior. I am turned 46. I ceased to see Fane about 1896. I obtained £210 from a lady in Blackpool in September, 1896, by false pretences, and was arrested in London. I was bailed in £200 and absconded. In 1895 or 1896 I got a loan on some bonds. There was some restriction on them. In September, 1897, I got some jewellery on approval in Bristol. What I paid for was by good cheques, and what I did not pay for was obtained by false pretences. I represented myself to be an officer of the Royal Navy. I absconded with the goods, and was arrested and sentenced at the Bristol Assizes to six months' hard labour on July 4, 1898. I was then taken to Blackpool to answer the charge I had absconded from, and was sentenced at the Chester Sessions, on July 15,1899. to five years' penal servitude. On November 17, 1902, I was released on ticket of leave. I first met Maud, called "Willing," ten years ago. I had a wife, but had not seen her for eight or nine years, and did not know whether she Was alive or dead; so I could not marry her, but she knew the circumstances, and she agreed to live with me as my wife. She came to live with me in December. 1902, and has lived continually with me since. I have been living by my wits since my release.
(Thursday, May 24.)
EDWARD WILLING recalled. Further cross-examined by Mr. Muir. I became acquainted with Mrs. Hughes in February and March, 1903. I did not know that she had a large number of cheques, but I have beard that that had happened. She told me what was her business. I gathered at the last trial she was an habitual begging-letter writer. I stayed in her house for about a week or ten days with Maud Willing towards the end of 1903. I knew Mrs. Hughes had written to Colonel Gascoigne and got money, I gathered, in cheques, and I tried myself, and he sent me 30s. by a cheque. I did not say this before the magistrate because I was not asked. I first met Fane in May, 1904. I wrote to him at the Eccentric Club without giving an address, and afterwards met him and borrowed some small sums of him. The largest was 10s. The first forgery I was connected with after I came out of prison was one in February, 1903, by Maud Willing for a small sum of £8, The next one was in May, 1903, on Colonel Gascoigne's account at Drummond's from a letter I
found at Mrs. Hughes's house. Philips did this for me. It was unsuccessful—a messenger boy took it to the bank and did not come back. I was not then in touch with Captain Fane at all. The next forgery was in February, 1905. I did nothing between May, 1903, and February, 1905, neither did Maud Willing. She was working. I was living the best I could on my wits, borrowed a bit, and making a precarious living by betting. Maud Willing was cook at the Eccentric Club from May to October, 1903, and about six weeks in an hotel, and in February, 1904, eight or nine weeks in the City. She was not keeping me. I have known that Fane attended at the Eccentric Club for years. In May, 1904, I met Fane near Victoria Station. He said, "You know where to find me if you have got anything on. Come up and see me." On April 17 or 18, 1905, I first mentioned the subject of forgery. I called at the Eccentric Club at about 4.30 p.m., and we went and had a drink. I told him about two forgeries that had been successfully done, and about the clever penman who was behind Peach. Nothing was said about forgery between May, 1904, and April, 1905, because I had not got any forgeries on at all. Cheque of Lady Pearce on Coutts's for £5 to Rev. Hughes or order I had from Mrs. Hughes for the purpose of making a forgery, and tracing produced was made by me. I forged the two cheques produced for £600 and £350 from that tracing myself, and they were in my possession when arrested on August 30. I got notepaper printed. Mrs. Hughes ordered it, and I fetched it away. That was the second time I had forged in my life. The first was the Bishop of London's cheque of August 17 for £150. I got the model from Mrs. Hughes. That was successful. The same routine was gone through—a messenger-boy employed, an article purchased at a shop, a cab, and a meeting at a place appointed. I met Tal'bot Bridgewater when under remand at Brixton for the first time in my life. I knew a racing man named Bill Wigram slightly. I have not seen him for about nine years. I knew a man named Tarbo many years ago. I met Wigram occasionally at race courses and afterwards knew him in New York. I first mentioned Colonel Gascoigne's name to Fane about May 1, 1905. Many years ago before I was convicted I have called on Fane at the Naval and Military Club. I knew his son-in-law and an old friend of my father's on the committee. I know many clubs have club cheque forms. I tried about twelve or thirteen years ago to do a bill with Fane, but not since. I knew he was in receipt of £800 a year (20,000 fcs.). He gave me the settlement about April 18. 1905. It was not for the purpose of raising a loan. Fane gave me the settlement, and the letter from Grenfell. Milne and Co., to forge his wife's name. I did it, and Fane had his share—£25. The amount was £75. I did not promise to get
him £80 or £90, or to get a promissory note discounted for him. I have never had a note of his in my life. I sent him £75 in a cheque to Switzerland. The letter was registered. I also sent him 2,000 francs. That was not registered. I saw Fane with regard to the Hodgson forgery: we were discussing ways and means of going to Ireland. Fane said, "I have not any money." I sent my wife to borrow some money of him in July, although he knew I had had my share of £900. He knew I had had £75 from his wife's cheque, £163 from the Alexander D. Bond's cheque, and Colonel Gascoigne, £900, between April and May. My wife took a blank cheque signed by me and he sent her £5. This was for the visit to Ireland. He knew I was going for the purpose of cashing the Hodgson £350 forgery. Maud and I went to Dublin alone. I got the model for that from Mrs. Hughes. Maud Willing went into the bank, and I waited outside. I shadowed her to see whether she was watched. We then went into a bonnet-shop, and she bought a hat. She handed me over the money, three £100 Bank of Ireland notes, and about £20 in, gold. We then went to Belfast by train, and thence by steamer to Liverpool. I despatched three telegrams from Dublin before I left the station. This was on July 27. Peach, Fane, Mrs. Hughes, and Maud Willing were confederates in the forgery. Mrs. Hughes had a share in that and the Bishop of London's forgery. I wrote a letter to the Bishop saying that Mrs. Hughes was perfectly innocent. I tried to clear her. She had got into trouble through my carelessness in keeping a letter in my pocket. I and, Maud Willing pleaded guilty and Mrs. Hughes was tried. The only part Fane took was that he lent £5 towards the expenses. I asked him to find out the status of Sir Robert Hodgson, and he sent me by post half a sheet of paper copied from the Court Guide. I saw him, and he said "Irish baronets are sometimes wealthy; we will try him for a few hundreds." Peach had the specimen cheque for £2 2s. given to him and forged three cheques on half sheets of paper and brought them to us at Barnes on Wednesday afternoon, July 26. Peach said the forger wanted £50, the other four—Fane, Mrs. Hughes, Peach, and myself—were to have a quarter each, £75. That was the arrangement. I never paid anybody anything out of it. When Maud and I were in the train going to Dublin we arranged not to pay Peach anything. After I had lost the money at the Liverpool races I determined not to pay Fane. I lost at the races about £160 to £175. The Irish notes were awkward to change, and I lost on them. I have not seen Fane since he lunched with me at Barnes until at Bow Street. Fane told me he would change notes on the continent. It was originally arranged that if the £900 Drummond cheque was successful I was to take the notes to him at Schoenek. I think he went
there, because the lady he was living with was very ill, and that she died in September. I received cheque for £1 10s. (produced) from Colonel Gascoigne. I said yesterday that the letter that came with the £2 2s. cheque to Fane was signed differently from the cheque. I suppose a forger would copy from the cheque. I volunteered the statement yesterday that the letter which accompanied the £2 2s. cheque was signed in a different way from the cheque. It was not because I knew there was a discrepancy. I first made up my mind to inform after my conviction. I knew that we had been given away by an anonymous letter. I said to the police, "Somebody has marked your card very well—you are well informed. I should like to know who has done that." One of the police said, "Well, we had an anonymous communication." I suspected it was Peach That was not my motive, though it may have influenced me. I thought it was fair that these forgers should be brought to justice. I never thought of obtaining an alleviation of my sentence. I made up my mind to make a clean breast of it all. I could not give the story about Peach without Fane: they were mixed up together. I wished the forgeries to be cleared up. I had no further motive than the interests of justice and truth. I told Maud to be careful about Peach. Peach had been to see her. I said, "Do not let out you know anything about the anonymous letter; do not frighten him away; we will very likely get oar own back with him." I wrote and told Maud I was going to inform against Peach since my conviction.
Cross-examined by Mr. Thorne. I got the cypher from Peach. I had no communication in cypher. They were destroyed when received. I got the forged document in Mrs. Pane's name from Peach. I did the forged cheque on the Bishop of London myself. It passed. It was for £150, written on a half sheet of note paper. Mrs. Hughes supplied me with the model. She and my wife did the shadowing. The only assistance Fane gave me was to supply me with the specimen cheque of £2 2s. from Gascoigne. Peach did about eight or nine forgeries. When I did the Bishop of London's I had fallen out with Peach, and I tried, and, to my great astonishment, it came off.
Re-examined. My story is true, every word of it. I had never fallen out with Fane in any way. I had no ill feeling against Fane—on the contrary. Fane sent my wife some money in prison. He gave money to my solicitor for me. In October. 1905. Maud and I pleaded guilty to the charge of forgery of the Bishop of London's cheque. The Leeds forgery for £900, Bond's £163, and one of £83 in the name of Shepherd were mentioned at the trial. The £900 on Drummond, £350 on Sir Robert Hodgson, and the £75 in the name of Mrs. Fane were
not mentioned. I knew, 12 or 14 years ago, that Fane had £800 from his wife. I saw his wife once. I was walking with him down Drayton Gardens, and he said, "My God, here is the old Dutch, and he dodged across the road. A lady about 55 years old passed, with a dog under her arm and another lady. Fane said, "You might go and follow her and see where they are going." I followed them, and they made a call, and I went back and told him. Fane was then living at 28, Drayton Gardens. The cheque on Mrs. Fane was forged on a plain piece of paper on Messrs. Chaplin, Grenfell, and Milne, Princes Street, E.C. Maud Willing cashed it. Fane got £25 out of it. I knew Fane for many years before I got into trouble. Fane knew I was getting a living the best way I could. In February, 1899, I was sentenced to five years' penal servitude, coming out in November, 1902. I did not see Fane till May, 1904. I told Fane I had been doing five years. He said he was sorry. I told him it was for obtaining money by false pretences. He said, "You know where to find me." I told him I was hard up. I never told him I was getting an honest living. I afterwards met him on very good terms. I used to call occasionally at the Eccentric Club. I gave the name of Willett. I first mentioned forgery on April 17 or 18, 1905. I told him about Colonel Gascoigne, and said an attempt had been made and it had been blundered, and then he said, "How if I were to write and tell him I was going to get up a subscription for an old soldier." It was his idea. I gave Fane the address and told him he banked at Beckett's at well as Drummond's, and I said we could do both. There were, other people's names mentioned by Fane. He wrote a letter to Lord Howard de Walden, and Fane told me no answer came to it. I gave Peach Colonel Gascoigne's cheque, the letter, and the envelope, and two or three cheque forms from the Naval and Military Club. Looking at the two forgeries and the £2 2s. cheque, there is a difference in the capital G, which is like that in the 30s. cheque. I did not use the 30s. cheque or a tracing of it for tile forgery. I had no tracing of it in May, 1905. The Bishop of London's was my first forgery. I tried Lady Pearce's, and forged two cheques. I should not like to present, them. I was the middle man in these forgeries. I was not cross-examined at Bow Street. Fane was represented by counsel. It was never suggested I should go out to Switzerland with Fane. No promissory note was ever suggested. Fane asked me 15 years ago if I could do a bill, but I had no chance of borrowing a shilling on his name or mine. The letter from Fane to Mrs. Willing of August 29, 1905. "If the results are to go to Paris or elsewhere abroad. and if I am to take them I must be in town the day before and see you and C," referred to the disposing of bank notes, the proceeds
of forgery from Lady Elizabeth, Pearce, the forms of which I had got in my pocket when arrested. Letter from Peach, of August 3, "Shall, do my best to get as much as I can for Kemp. Cannot lose him for £50," refers to the arrangement to pay the. Hermit £50 for forging the Hodgson cheque. The words "chycing each other" refer to the cheating over that forgery. Somebody had seen me at Liverpool races and told him they had seen me change a £100 note.
MAUD WILLING . I have been living with Edward Willing for some years. I pleaded guilty with him last October of forgery of the Bishop of London's name, and was sentenced to five years' penal servitude. Before my trial I requested an interview with Inspector Arrow, and made a statement; I also made a further statement after the trial. At, the end of 1904 I was living with Edward Willing at Barnes. I first met Peach in September, 1904, when living at Hammersmith. I often saw Peach at Barnes. In the spring of 1905 Peach wrote to Colonel Gascoigne to try to get his signature, but Colonel Gascoigne was in Italy and did not reply. Peach said he would get the forgery, done by a man he called the Hermit who lived at Brighton. I met Captain Fane at the Drayton Arms with Peach, and was introduced to Fane as Edward Willing's wife. I afterwards saw Fane at a public-house in Brompton Road. He gave me some crossed club cheque forms. He afterwards gave me some which were uncrossed. He said, "Tell Peach to be careful with them, because they are difficult to get." My husband showed me Colonel Gascoigne's cheque for £2 2s.; he gave it to Peach with some of the cheque forms at Barnes. I afterwards saw two cheques drawn on Colonel Gascoigne's account for £900. Peach brought them and gave them to my husband. The same night, May 29, I went to Leeds with Peach, taking the cheque on Becketts' Bank. I had a Gladstone bag, and Peach had a bag. We arrived at 10 p.m., and stayed at the Great Northern Hotel in the names of Mabel Cox and Edward Dean. I had lost the key of my bag and the porter burst the lock for me. The next morning I took my luggage to the station and put it in the cloak-room. Peach sent his bag on to Clarence-road, Hackney. I went to a costumier's in Briggate, Leeds, and selected a dress. It wanted a little altering, and I arranged that the hotel porter should call for it in an hour and pay for it. I then went to the hotel and asked for a messenger, a porter, gave him letter produced: "Please hand bearer seventeen £50 notes, three £10 notes, and the balance in gold in exchange for the enclosed cheque, and oblige yours faithfully Mabel Cox," and enclosed the forged cheque for £900. Peach then followed the messenger and I went to the station. Peach was to come and tell me if it was all right. I gave the porter
instructions to call for the costume, pay for it, and meet me at the first-class waiting-room at the railway station. Peach came and said he thought there was something wrong, because the porter had been into the costumiers, had not brought the parcel out, and instead of going to the station had gone back to the hotel. He got very nervous, and thought we had better go back to London. We took a cab to a station outside Leeds, booked to Bradford, and on to London. My bag was left at Leeds. Peach afterwards wrote for it, and it was sent on. I saw Edward Willing in the presence of Peach. He said he had been successful with his cheque. Next day Edward Willing gave Peach three £50 notes to be sent to the Hermit, the forger, and the day after I handed to Peach's brother £100 in gold. He brought a letter written in cypher by Peach. I had been in the habit of communicating with Peach in the cypher produced, which was found at Worthing when we were arrested. On May 31 I saw telegram from Fane, Schoenek, "Not kept promise—wire the truth immediately." In reply to that I wrote telegram, "Sold one horse. Send money to-day," and gave it Peach to send. Telegram produced appears to be in Peach's writing. I saw my husband write a cheque for £75 and send it with a letter addressed to Captain Fane. I wrote to Fane in Switzerland several times in cypher, and had answers from him in cypher addressed to a newspaper shop at 9, Hammersmith Road, where I called for the letters. Sybil Willing went with me. Fane came to our house at Barnes to lunch. Edward and Sybil were there. I afterwards met him by appointment at Brompton Road, and he gave me some cheque forms. I had a conversation with Fane about the cheques on Drummond's and Beckett's Banks. He said he thought it was badly managed. Peach was the wrong one to have gone with me to Leeds, that it made me nervous, or" something of that sort, and that he thought the other £900 at Drummond's Bank had been wasted, because so much had been charged for changing the notes. With regard to the Hodgson cheque, Fane said he thought the people were all right and might be done for a good amount. I told Fane it was all right, that my husband had seen the cheque from which the forgery was going to be made and had given it to Peach. I told him that Peach and my husband were going. Fane said it was all nonsense, and that he would go. It was afterwards arranged that my husband was to go with me, and I did in fact to with him to Ireland. I went to the Bank and presented the cheque for £350 over the counter. It was made payable to Mrs. S. Read. I had endorsed it beforehand. They kept me some time, the cashier and several others looked at it, they seemed satisfied, and gave me the money. On my return to London I went to see Captain Fane with Sybil Willing. I told him it was not successful. Cheque produced by Edward
Willing for £8 I took to Captain Fane before going to Ireland to get cashed, but for him to hold it over a few days. I told him I was going to Ireland, and wanted £5. He sent me £5 by the telegraph money-order produced. It was with the aid of that £5 we went to Ireland. On my return I told him the cheque would be met. Letter produced speaking of his "share of the £350" is in Peach's writing, and refers to. the Irish forgery. I had told him it was not successful. I received letter from Fane from Eccentric Club, "My address from tonight Fulbrook, Worcester Park, Surrey," and the letter from that address, "This is my address, arrived here yesterday.—Yours, F" He told me he would write his address because we were thinking about another forgery on Lady Pearce, and I was told Fane was going to Paris to change the notes. I received letter from Fane of August 24 when at Worthing, "If the results are to go to Paris or elsewhere abroad, and if I am to take them, I must be in town the day before. No mistake must be made this time." That referred to the proposed forgery on Lady Pearce's account. On August 30 I and Edward Willing were arrested. While waiting trial I had one or two notes from Fane. He sent me a postal order for 10s. Peach wrote to me twice in the name of M. Peters, saying he was short of money or else he would help me, and he came to see me in that name. I have had no quarrel with or grudge against Captain Fane.
Cross-examined by Mr. Muir. I first heard of Colonel Gascoigne in April, 1903, from Mrs. Hughes, when I was living in her house. She said he was a very charitable man, and advised me to write to him for money. My husband wrote and got a cheque for 30s. We cashed it with the greengrocer. I did not mention that at Bow Street. My husband got a cheque forged in Colonel Gascoigne's name. I do not know the amount. I saw it in my husband's possession. I had it and sent a messenger boy with it in the call office in the Exchange. I gave the name that was on the cheque. I do not remember the name; it may have been Mrs. Ferguson, of Porchester Gardens. I did not endorse it. I waited in Oxford Street for the boy and he did not return. I do not know where my husband got the model to forge it. I was intimate with Mrs. Hughes at the time. She had several of Colonel Gascoigne's cheques at the time I saw them and my husband saw them. I did not get any letters of Colonel Gascoigne's from Mrs. Hughes. Sybil Willing was living at Luton at that time. I saw a cheque for £10 from Colonel Gascoigne in September. Several letters from Pane were found on me on arrest, all in ordinary writing. I had destroyed those in cypher. I corresponded with him in cypher when he was in Switzerland about forgery. I wrote in
cypher about Colonel Gascoigne's death. I do not know whether I wrote about the Dublin forgery while he was in Switzerland. Edward Willing and I had no secrets from each other. My husband wrote: "Drummond's successful; the other not." I wrote to explain how and why. While in prison I wrote to Fane for money, told him I had lost my teeth, and could not eat the food and was frequently starving. My solicitor was Barrett, for whom Edward Willing had been working. He applied to Fane for money. I do not remember whether Fane told him he would give a pound or two and no more. I told Sybil to tell Fane it would be better for him to help towards our defence. It might be a threat. Sybil said Captain Fane told her he could not do any more just then and that he had given her £1. In February, 1903, I passed a cheque for £15 at Welford's Dairy for Montagu, a man I knew through Edward Willing. I was prosecuted and bound over on an undertaking to go to a home. I stayed there one night and, went back to Edward Willing the next day. It was arranged that we should say the Irish forgery was unsuccessful on the journey to Ireland, because my husband wanted to buy his brother out of the Army. My husband said he had sent two telegrams from Dublin, one to Peach and one to Mrs. Hughes. He did not say he sent one to Fane. The cashier consulted other people about the signature. I stayed there and waited. I was not nervous at all. I have no scruples about telling lies when I have an object to serve. I suspected Peach had informed the police; that is part of my motive and I wanted the matter cleared up. I was put up to be identified at Holloway, and it worried me because I knew it was for the Irish cheque and I hoped to escape punishment for it. I did not hope for remission of my present sentence. I thought Edward Willing's sentence might be reduced and a small part of my motive was to assist truth and justice and for revenge. Edward Willing told me he should give information and advised me to do the same; that was when we were committed for trial. I knew I had no hope to escape conviction, and it was only a question of the sentence. The cheque for £8 I took to Fane was signed in blank—no name of payee or amount. I told him I was very hard up and asked him whether he could cash the cheque for me. I told him it was only for a few days and then it would be met.
Cross-examined by Mr. Thorne. Of the two letters produced, the one in violet ink is Peach's writing; the other is his writing, but disguised. I received no letters from Peach which were in cypher. I have written to him in cypher. I destroyed all letters before I went to Worthing; it is an accident that some survived. There were two forgery operations which I and Edward Willing carried out without any assistance from Peach and
no shadowing by him—done without the co-operation of the defendants. My story is not an invention at all.
Re-examined. I never saw Kemp the Hermit. I was not asked by the magistrate about the 30s. cheque. I was crossexamined by Mr. Muir. It was never suggested to me that the £75 cheque sent to Fane was the discount of a bill or promissory note. I never heard it suggested that Willing should go to Switzerland with Fane to play baccarat. I have nothing to explain why I told Sybil to tell Fane that it would be better for him to subscribe to our defence—he had had his share of the money.
CHARLES ERNEST WATSON , cashier at Drummond's Bank. Cheque of May 30, 1905, purporting to be drawn by F. C. C. Gascoigne, was presented at my bank with letter produced: "Dear Sir—Please hand bearer in exchange for the enclosed cheque 16 £50 notes, five £10 notes, 5 £5 notes, and £25 in gold." Paid cheques are kept at the bank until the customer wants them. I could not say how long this one remained with us.
Cross-examined by Mr. Muir. Looking at the forged cheque, I see a flourish at the top of the "C" and "G." They are not present on the £2 2s. cheque produced and they are present on the £1 10s. cheque produced.
Re-examined. There is no stroke under the signature of the 30s. cheque; it is present in the £2 2s. cheque and also in the forgery for £900.
GEORGE HENRY HINTON . In May, 1905, I was in the service of the District Messenger Company. On May 30 I was sent to the Lang-ham Hotel and was then sent with two notes, one to Drummond's Bank, for which I received two packets, one of notes and one of gold. I then took the other letter to Pounds, paid £10 10s., and they gave me a big portmanteau. I got a cab and drove to Paddington Station. After waiting about five minutes the man who had given me the letters came up. I handed over the money and the portmanteau and he signed my ticket.
CHARLES MONAHAN , night porter at the Great Northern Hotel, Leeds. On May 29, 1905, about 10 p.m., two persons called Mabel Cox and Arthur Dean arrived at the hotel. I identify them as the prisoner Peach and Maud Willing. I had to burst the lock of the lady's portmanteau because she had lost the key.
Cross-examined by Mr. Thorne. I see many hundreds of people in the course of a month or a week. I recognise Peach
by a photograph shown me by Inspector Hanley some data afterwards.
Re-examined. I recognise Peach as the man I saw at Leeds. I wag shown several photographs and I picked the prisoner Peach out.
JOHN CRUDGE , hall porter Great Northern Hotel, Leeds. On May 30 I saw two persons named Mabel Cox and Arthur Dean at the hotel, whom I identify as the prisoner Peach and Maud Willing. The lady left the hotel in the morning with her baggage, and later came back without it. She spoke to me and I sent for George Neill, the baggage porter, and she sent him with a letter. The lady followed five minutes afterwards. The porter returned with money, and from what he said I thought there was something wrong. Inspector Hanley afterwards showed me several photographs from which I picked out one of a man whom I recognised as the prisoner Peach.
Cross-examined by Mr. Thorne. I see hundreds of people at the hotel in a month. Inspector Hanley showed me several photos which I did not identify. He then brought me photos of three men and two females. The man I recognised had no beard.
Re-examined. The next morning I learnt they had been trying to cash a forged cheque; that helped to fix it in my memory.
GEORGE NEILL , porter, Great Northern Railway Hotel, Leeds. On May 30 the person whom I now know as Maud Willing gave me a letter and told me to take a cab, go to Beckett's Bank, and I should there get' a letter with some money, and also £20 in gold, and then to a dressmaker in Briggate to get a dress, then take it with the money to the Midland station. I went to the bank, received the money, and on reaching the dressmakers found the dress was not ready. I then went to the station but did not see the lady, so returned to the hotel with the money and handed it to the hall porter. I had paid for the dress but had not got it.
EDITH COBB , 47, Briggate, Leeds, ladies' tailor. On the morning of May 30 a Mrs. Cox, of the Great Northern Hotel, came to my shop and selected some costumes amounting to £10 12s. One had to be altered and she arranged to send and pay for and take away the goods. Porter Neill came, paid the account, and I promised to send the costumes to the hotel, which I did.
WILLIAM WILSON BRIGHAM , cashier, Beckett's Bank, Leeds. On May 30 I cashed cheque produced for £900 purporting to be signed by Colonel Gascoigne, and payable to Mrs. M. Cox. It was presented by a porter from the Great Northern Hotel, with a letter stating the notes and gold required. The next
day the assistant manager of the hotel brought back the money and also the costumes. I then communicated with Colonel Gascoigne, and found the cheque was a forgery. I then lodged an information, and a warrant was granted against Mabel Cox.
ALFRED WAKEFORD , carman, Midland Railway, St. Pancras. I produce parcels way-bill of May 30, 1905, by which I delivered a bag to Davis. 115, Clarence Road, Lower Clapton. It arrived at St. Pancras about four o'clock.
LYDIA DAVIS , wife of George Davis, 115, Clarence Road. Lower Clapton. On May 30, 1905, I took in a bag which was sent for about a fortnight afterwards, and delivered up to the police. They came with a letter which I believe came from Philip Peach, my husband's nephew.
Cross-examined by Mr. Thorne. I could not swear the letter was Peach's handwriting.
Cross-examined by Mr. Muir. We have a returned cheque-book. I will endeavour to find by to-morrow any entry with regard to a cheque by Colonel Gascoigne of April 23, 1903, presented April 25, 1903.
SPENCER CHARLES WALPOLE , secretary, Naval and Military Club, 92, Piccadilly. Prisoner Fane is a member of the club, and has been for some years. Colonel Gascoigne was not a member. We have cheque forms for the use of members like those produced, both crossed and uncrossed. They are supplied by Holt and Co., our bankers. I give a number to the cashier, and the porters or waiters get them for members who pay for the stamp. We do not use many uncrossed cheques. Cheque of July 25, 1905, for £8, produced, was cashed at the club, and was returned from our bankers unpaid. I wrote to Fane asking for an explanation. I saw him on August 15. He said he had only just got my letter, paid in cash for the cheque, which I subsequently returned him. Cheque £2 2s. by F. C. T. Gascoigne is endorsed by Fane, and was cashed at the club.
Cross-examined by Mr. Muir. We have some 2,000 members. There is no system of recording the names of strangers introduced at the club. Any member can take strangers in. There are about 50 servants in the public rooms, not all on duty at once; at luncheon time most of them would be. We have three hall boys. It would be possible for a member, or a person
the hall boy took to be a member, to send a hall boy for a cheque form.
Cross-examined by Mr. Muir. On each of those days a great number of members attended.
Cross-examined. A great many other members attended on those days.
GEORGE CHILVERS , steward, Naval and Military Club. I received cheque produced of May 12, 1905, for £2 2s., endorsed by Captain Fane, from the cashier on May 19 or 20. Cheque for £8 also bears my endorsement and was received by me from the cashier.
Cross-examined by Mr. Muir. Letters addressed to members are kept by the hall porter unless he is instructed to send them away. I paid cheque for £2 2s. into the bank on May 20.
ALFRED HALLETT , cashier to Holt and Co., Whitehall, bankers. Cheque forms produced are printed specially for us and are supplied only to the Naval and Military Club. Those produced bear the stamp of November 17, 1904, and were supplied by us to the club on March 2, 1905.
EDITH RALCH , stepdaughter of the proprietor of the Drayton Arms, Old Brompton Road. I have frequently seen Fane in the saloon bar. He came nearly every day from the beginning of 1905. generally with Edward Willing. They used to sit and talk sometimes for an hour. Once they were accompanied by a woman.
Cross-examined. I do not know that Fane was living close by. I have served him with brandy in a bottle; I knew it was for hit wife.
(Friday, May 25.)
CHARLES ERNEST WATSON , recalled. I produce returned cheque-book from Drummond's Bank, in which is entered: "26th February, 1903, F. C. T. Gascoigne, 23rd April, £50. Mrs. Ferguson, of Porchester Gardens, by messenger, 1,281. Requires endorsement." That entry means that a cheque payable in that way was returned because it was not endorsed.
Bank, Barnes. I know Edward Willing, formerly of Elm Grove Road, Barnes. He opened an account on May 31, 1905. with a payment in of £100. On that date cheque produced for £75 was drawn in favour of Captain F. Fane, and was paid on June 7 through the Cantonal Bank of Lucerne, endorsed by them June 2, 1905. Cheque for £8 of July 25, 1905, was drawn by Edward Willing on that account and refused, marked "R/D"—refer to drawer.
CHARLES BORSINGER , manager, Hotel Kurandstadt, Schoenek, Switzerland. Fane came to my hotel on May 20, 1905, with a lady, filled up form produced, "Mr. and Mrs. Fane." Stayed till June 16 and then left. He asked me where he could change a cheque and I recommended the Cantonal Bank. Schoenek is two hours from Lucerne, half an hour by carriage, and one and a half hours by steamer. On June 2 Captain Fane was charged 4.85 fr. for a telegram, which corresponds with the cost of sending telegram to "Inrunning, London," produced.
Cross-examined by Mr. Kershaw. Fane gave his name as Mr. and Mrs. Fane. The lady appeared to be an invalid. There is a doctor attached to the hotel; I do not know whether he attended her.
JOHN EDWARD MALLINSON , Clerk in the Accountant-General's Department, General Post Office. I produce original form of telegram of May 28, 1905, signed by C. Martin, 11, Castelnau, Barnes, to Fane, Kurandstadt, Schoenek: "With you on Tuesday, Charles." I produce original telegram of May 31, sent from Schoenek, to "Inrunning, London," received from the Swiss authorities: "Not kept promise. Conclude my business not done, so must return. Wire the truth immediately." I also produce original telegram, dated May 31, 1905, from E. Smith, Maiden Lane, to Fane, Kurandstadt, Schoenek: "Sold one house; sending money to-day "; also original telegram from Switzerland to "Inrunning, London ": "Register letter Schoenek," received from the authorities in Switzerland for the purposes of this case; also original form handed in in Switzerland: "Letter not received. Wire explanation and remit, or must return. Take care "; also original handed in at Putney addressed to Fane, Schoenek: "Sent registered letter Wednesday, addressed as above. Will inquire, Charles "; also original handed in in Switzerland to "Inrunning, London ": "Received. Writing "; also original form of application for telegraph money order for £5. payable at Barnes High Street to Maud Willing, 94. Elm Grove Road, Barnes, and purporting to be sent by F. Arthers, 91, Shaftesbury Avenue; also actual order and receipt for same.
addressed to Captain F. A. Fane, care of T. H. Vinderlie, Kurandstadt, Schoenek Switzerland. Cross-examined. All registered letters are recorded.
THOMAS WATSON , chief clerk to Mr. Freighter, estate agent to Colonel Gascoigne, Aberford, Leeds. I acted as secretary to the late Colonel Gascoigne. He died June 12, 1905, and was ill only four or five days before he died. He very frequently gave small sums by cheque in answer to begging letters. He was not particular about his accounts. I put the estate accounts before him every month; he did not trouble about them much as long as the book was balanced. He was a colliery owner, had estates near Leeds, "was a very wealthy man, and dealt with large sums. He went to Italy about October, 1904, and returned about May 3, 1905. The turnover in his passbook, for 1903 was £69,000 at Drummond's, beginning the year 1905 with a balance of £4,000.
Cross-examined. Colonel Gascoigne was in the habit of answering begging letters and sending cheques during the past 14 years while I have known him. He was about 92 years old.
ELIZABETH TASKER , stationer, 9, Hammersmith Road. Letters, were received at my shop for Mrs. Collins, and were called for by Maud Willing. The prisoner Peach on one occasion came for letters for Mrs. Collins.
Cross-examined by Mr. Thorne. Peach called in May, 1905. I do not remember whether the man who called was wearing a beard. I remember his face. I first identified him at Bow Street in the dock.
Re-examined. I was not called at Bow Street I recognised Peach without being invited to identify him.
ELLEN ATKINSON , principal wardress, H.M. Prison, Holloway. I enter letters sent by prisoners in book produced. On September 14 and 21, 1905, Maud Willing sent letters to Captain Fane, Eccentric Club. On September 26 a postal order for 10s. was sent to and handed by me to her.
Cross-examined by Mr. Kershaw. I keep a record of all postal orders or money sent to prisoners, but not of all letters received by them.
WILLIAM BIRCH , inspector, Scotland Yard. I arrested Edward and Maud Willing at 18, York Road. Worthing, on August 30, 1905. I examined their room, and took away some papers, including letters from Fane to Mrs. Willing; and from Peach to
Edward Willing, and the cypher. I received two letters, Peters to Maud Willing, from the Governor of Holloway Prison, which 1 handed to Inspector Arrow. After Fane was arrested he wrote to his lodgings at Bury Street, St. James's, a letter containing instructions for clothes to be sent.
Cross-examined by Mr. Kershaw. I did not tell Edward Willing his arrest was in consequence of an anonymous letter. He was under that impression. He said, "I suppose this is an anonymous letter," and we did not contradict him. In fact, we did not get an anonymous letter, but acted on information.
SYBIL HELOISE WILLING , wife of George Willing, the brother of Edward Willing. On June 1, 1905, I went to stay with Edward and Maud Willing at Barnes and remained till they went to Worthing at the end of July or beginning of August, where I accompanied them. I have been to 9, Hammersmith Road for letters for Maud Willing. I do not remember the name they were sent in. I have also been with Maud Willing and seen her get a letter which was not in ordinary writing. I know Fane. He came to Edward Willing's house at Barnes to lunch. Edward and Maud Willing were present. I saw Fane at the station when I went to meet Maud Willing. She had been away. She told me she was going to Scotland. I am not sure it was Waterloo; it might have been Euston. She came to South Kensington Station and there met a man who I think was Captain Fane. They were walking up and down, talking for about ten minutes. I know Peach. I first, saw him at Barnes, and I have seen him there a good many times, about four times a week, morning, afternoon, and evening. He was called Peter, or Philip Peach; he seemed to have two or three names. On the day we went to Worthing he came to Victoria Station to see us off. A few days after Maud and Edward Willing were arrested at Worthing I met Fane by appointment at Burlington Arcade. He wrote letter produced addressed to "Mrs. Willing, Ethelden, House, Ethelden Road, Uxbridge Road, September 5, 1905. Meet me to-morrow, Wednesday, at Burlington Arcade.—F." He said he thought Edward and Maud Willing were very foolish. I understood him to mean in being caught. I said I thought they were as well. I said, "Are you not going to have anything to do with it." I meant with the forgery. "Have you anything to do with it?" He said, "They cannot touch me." He said "Have they got any money?" He was talking about the time we met at Kensington, and he said, "Did they get any money?" I said, "There seems to be a lot knocking about." He seemed surprised. He said, "They told me that they had not got any." He said, "Maud told me they did not get anything." I do not remember anything being said about the way in which
the money had been obtained. I may have said that the money was the proceedings of a forgery. I cannot remember what he said to that. I asked him for money. I wanted him to do anything he could. He gave me £1. I afterwards wrote to him at the Eccentric Club for money and received no answer. (The witness appeared to be fainting and the cross-examination was deferred.)
CHARLES ARROW , chief inspector of police, New Scotland Yard. On March 2, 1906, I laid information on what had come to my knowledge, received a warrant for the arrest of the prisoners, and on March 8, with Sergeant Birch, arrested Fane in Piccadilly. I said, "Mr. Fane, I believe?" He said, "Yes." I gave him my official card, which I read and I said, "I arrest you on a warrant for forgery. I will read it to you." He said, "I have never forged anything. I know nothing of any forgery. I suppose it is in connection with that man Willing." I took him into the hall of the club and there read the warrant He said, "I am absolutely innocent. I know nothing about it. I know that brute Willing to my cost" I said, "The warrant only mentions one charge of forgery—a cheque. You may be charged in connection with other cheque forgeries." The one in the warrant was the £900 Drummond forgery. I took him to Cannon Row police station; he was there searched by Sergeant Birch and Sergeant Fowler, who handed to me what was found upon him, and I went through the. list with Fane shortly afterwards. Amongst them were cheques for £8, of July 25, 1905, by Edward Willing, marked "R/D" two letters, signed Peach [Exhibits 2 and 3] one dated on postmark November 27, addressed to Captain Fane, Eccentric Club, from 145, Brook Street, "I should like to see you if you care to make an appointment with me to our mutual advantage "; the other, without date, "Dear Captain Fane, I trust that when in town you will not forget our appointment." I said, "These are from the prisoner Peach." He made no remark. Prior to finding the documents, I read the charge to both defendants, and neither made any remark. I also found on Fane three pawntickets, one, October 17, for a ring for £4; a ticket of same date for a dressing-bag, £5 10s.; one, of October 19, for a watch, £5—all in the name of Fane, of the Naval and Military Club. He gave his address as 16, Bury Street, St. James's. I took from him a key and went to that address, which is a lodging-house, where he had one room, I found there a bag which the key fitted, and found in it the cypher written on a letter-card, addressed Captain Fane, Eccentric Club, Shaftesbury Avenue. in Peach's handwriting, bearing a post mark of February 24, 1906. With the exception of some minor differences, it is the same as that found at Worthing. I found a loaded revolver and some
cartridges in the bag, and two pawntickets, one of September 13, 1905, for two pins, two pairs of links, a stud, and two lockets, £4 10s., in the name of Mr. Lambert, Pulbrook, Worcester Park; another, of the same date and name, for a painting, £1. I also found in an envelope five pieces of paper torn from letters, one bearing the signature of George Herring, who is a well-known gentleman of large means, living at Hamilton Place, Piccadilly; another bearing the words, "I have no doubt it is a good thing, and I wish it every success.—Savile." I have seen Mr. George Herring's secretary, and have called on Lord Savile and found he was away. Another torn piece of paper contains the words, "that you may succeed, I am faithfully yours, Robert B. Lavery." He is a well-known commercial gentleman of large means, with a private residence in Portland Place. Another bears the signature of Sir John Aird; another the signature of Sir Charles Wyndham. I received a communication from Maud Willing on September 30, and had an interview with her in Holloway on October 3, before the conviction. On November 7 I had an interview with Edward Willing, in consequence of a letter I received from the Governor of Wormwood Scrubs Prison. At that time I knew nothing of the £2 2s. cheque, or of the telegraphic communications between London and Schoenek. I made inquiries early this year and found the cheque for £2 2s. I knew nothing about the Drummond matter, and did not mention it at the time of the conviction.
FRANCIS CARLIN , detective-sergeant, Scotland Yard. On March 7, with Sergeant Fowler, I arrested Peach at 145, Brook Street, Kennington. He made no reply to the charge. He wrote and signed receipt produced, in my presence, of March 12.
SYBIL HELOISE WILLING , recalled. In 1904 I had some correspondence with Colonel Gascoigne at the instance of my mother, Mrs. Hughes, and I received £3 from him in postal orders. Letter of August 30 produced, signed Sybil Willing, mentioning a cheque received, is not my writing, or written, by my authority. I never received cheque of Colonel Gascoigne for £10 produced. I do not know the writing on the endorsement. When I saw Fane no particular sum was mentioned. I do not remember saying it was for the purpose, of Willing's defence. I tried to get money from all his friends, and I spoke to Fane amongst others. I may have asked for money for the defence.
Cross-examined by Mr. Muir. Before seeing Fane I saw Maud Willing in prison. I think she told me to tell Captain Fane that it would be better for him that he should
supply money for her defence. It sounded like a threat. I do not remember telling him that. I cannot remember his saving that he was not going to be blackmailed. I was married February 19, 1901. Up to that date I was living with my mother, Mrs. Hughes. About two years after my marriage I heard of, Colonel Gascoigne. I first wrote to him in August, four years ago, and received £3 in postal orders. I never got a cheque from him. I wrote letters produced, of July 22 and August 7, 1904, to Colonel Gascoigne asking for money. I did not write letter, produced of August 25, signed Sybil Willing. I could not say whose writing it is. I think it is my mother's. It is her address. Upon, it is written in red ink, "£10 sent." Letter of August 30 acknowledging £10 cheque is not my writing; it is like my mother's, and bears her address. I never saw that cheque till now. When I went with Maud Willing for, the letter she opened it in the street. I did not read it or look at it, or know the handwriting, or where it came from. It did not appear, to be in ordinary handwriting.
Re-examined. In the letter of July 22 I speak of my husband being in South Africa, and that I was trying to earn something for my living. Those statements were true. Colonel Gascoigne's secretary wrote asking for a reference, and I referred him to Mr. Willey, solicitor, Leeds. He knew my family. My mother, is not a widow. Mr. Willey had known me, and my sister and the family. My father was a clergyman of the Church of England. We come from Dorchester.
Inspector ARROW, recalled. Two at least of the signatures produced are from letters addressed to Noel Middleton. I found letter from Noel Middleton on Fane's person.
Cross-examined by, Mr. Muir. Exhibit 51 is dated March 1. I have made inquiries, but could not see Mr. Noel Middleton. I had charge of the Hughes case, and also of this ease from the first. I first got knowledge that Edward Willing had been in possession of the, £10 cheque of April, 1903, towards the end of December, 1905. The matter was not then before the Treasury officials. They took up the matter on January 26. I, do not think that cheque was mentioned until the middle of April. That cheque was in their possession by April 21. I can say now it was towards the end of November I knew of the £10 cheque and also the £l, 10s. cheque. The Treasury had them from April 20. It would be possible for a prisoner in one cell at Bow Street to speak to a prisoner in a cell opposite. Talbot Bridgwater was an organiser of forgeries, and his office was a centre to which forgers from all, parts of the world resorted, and other criminals from Australia, America, and the Continent. Bill Wigram is a notorious criminal and putter-up of crime. Tarbo is a swindler and card-sharper. Bridgwater
generally had a forger on hand on the premises, who attended daily for orders.
Cross-examined by Mr. Thorne. I believe the address on the cypher to, be Peach's handwriting.
Re-examined. I have no information that Edward Willing was a companion of Bridgwater. I had a lot to do with Bridgwater before his arrest, and knew his associates pretty well, and I do not know that he had an associate in Willing. His is a separate gang. There are other gangs of forgers besides those two. Wigram and Tarbo were constant companions of Bridgwater. Until I saw Edward and Maud Willing in prison I had no knowledge of the cheque for £2 2s. or of the forged cheque for £900 on Drummond's Bank, although at the time of the conviction the forgery on the Leeds Bank was known and mentioned. After committal of the, prisoners photographs of all the material things were sent to their advisers.
THOMAS HENRY GURRIN . I am an expert in handwriting of over 20 years. I have seen telegrams from Schoenek and letters purporting to be signed by Fane, including the one concluding with the words, "No mess must be made this time." I believe them to be in Fane's handwriting. I have seen telegram sent to Schoenek [Exhibits 2 and 3] written to Fane, Exhibit 26 addressed to Edward Willing, containing the words, "I do not altogether intend getting 18 months for nothing," and the cypher on postcard; they are all in Peach's handwriting. With regard to the two letters written to Maud Willing in prison, the one in violet ink is so unlike Peach's writing that I could not recognise it as his. I had the two cheques for £900 put before me about the middle of April. I had for comparison another cheque of Colonel Gascoigne's for £2 2s. This report, dated April 24, that I made on the three documents is absolutely unbiassed:—"Colonel Gascoigne's handwriting: The only two specimens are the cheque [Ex. 18] and a letter to Mr. James Dobson. I have carefully compared this writing with the writing of the signatures on the Leeds and Drummond's cheques [Exs. 14 and 15 respectively], and I am quite satisfied that both of these are forgeries produced by one person. There is a laboured, tremulous writing which is quite absent from the genuine writing. The signatures on Exs. 14 and 15 (Drummond's and Beckett's cheques) are almost identical-in fact, they might have been traced from one model. They are almost exactly the same length. They do not absolutely coincide when superimposed, but the paper shifting might account for the slight difference that exists. The two signatures on the two forged cheques are practically alike. One might be taken from the other." The correspondence is so great that, in my opinion, it could not have been produced by free-hand forgery. "Those signatures (I am speaking of the forgeries) do not coincide in
any way with the genuine signature [Ex. 18, the £2 2s. cheque] on the cheque to Captain Fane, which bears a much shorter signature, nor with the letter to Mr. Dobson, and, although these two forged cheques may be a very fair imitation of some genuine signatures, I see no ground for assuming that either or both of them were modelled from the £2 2s. cheque made out to Captain Fane, as there are peculiarities in both the forged cheques very studiously introduced which do not exist at all in the genuine cheque or in the signature of the latter to Mr. Dobson. I refer to the initial curls at the tops of the capitals C and G in each of the forgeries nowhere seen in Ex. 18. Then, again, the date in Ex. 18 is written '12th May, 1905,' but in both the cheques the date is written 'May 29, 1905." The order of the figures is reversed. I made my report on Colonel Gascoigne's cheques for £1 10s. and £10 on May 16 as follows: "I am unable to discover any reasonable ground for assuming that either of the forgeries was modelled on either of those four specimens. [Mr. Dobson's letter and the three cheques.] It is possible that certain features may have been taken from some of them-for instance, the curved dash under the signature in Ex. 18. The reasons supporting my view are the date in the forgeries is written in just the opposite way to what we see it in all the specimens. These latter have the day first and the month after, and the forgeries reverse this order. The forged signatures must have been taken from one model. They are practically identical. This is proved by superimposing the forgeries on each other, and it is then seen they correspond individually, though, taken as a whole, the space occupied is not exactly the same. The accidental moving of the paper would account for this. The word 'pounds' in the forgeries is different. In the cheques for £2 2s. and £10 respectively I note a difference in the final 's.' The difference is in the forgeries. It is a tall 's' in the word 'pounds' and the other finishes off with a long, downward stroke. This appears in both the forgeries and does not appear in any of these models before me. The figure 2 which appears in each forgery is a quite differently formed figure to the 2 in the £10 cheque, and also quite different to the figure 2 occurring three times in Exhibit 18 and the initialled little curve at the top of the C, and occurring several times at the top of in each forgery does not appear at all in Exhibit 18; nor is it seen in the letter to Dobson. It is seen in the cheques dated 1903 and 1904 for £1 10s. and £10 respectively. So that it is possible that peculiarity might have been taken from the last-named cheques, but the theory seems improbable, as in all other respects the signatures on those two cheques are so unlike the forgeries that it is difficult to conceive that they could have served as models."
That applies to Exhibit 18 as well as to the cheque of 1903. "One model, as I have said, might have served for both forgeries, and it seems only reasonable to assume that that model had a different capital T and a different from anything seen in the specimens, as they contain nothing to compare with those in the forgeries. I can therefore only respectfully express my belief that the forgers had access to some specimens that I have not seen. Possibly an examination of other paid cheques drawn by the late Colonel Gascoigne might show that." I then deal with Sybil Willing's writing. I have had no other specimens.
By the Court. Sometimes the forgery is effected by tracing and sometimes by copying a signature. When it is a reproduction of the actual signature I expect the forged signature to differ from the actual signature; but if you are dealing with a respectable kind of forger, a man who knows his work, you expect something like the original. I am very much surprised that either cheque was paid. I do not dispute that there might have been some likeness to Col. Gascoigne's signature, but the likeness does not exist between that signature and any model shown to me.
By Mr. Muir. The forger undoubtedly had a genuine signature before him of Col. Gascoigne's from which those two cheques were forged. In two different specimens of his signature there are very marked characteristics, which are introduced into the forged documents. The little characteristic curve before the C and the G is entirely absent from the £2 2s. cheque and present in both the forgeries. In the £1 10s. cheque I find the characteristic curve above the C and the G. In that respect the forgeries may have been copied from the £1 10s. cheque. The dash under the name in the forgeries is absent from the £1 10s. cheque and present in the £2 2s. cheque. This cheque for £1, "Parlington Estate account, T. R. Henry," is endorsed "Sybil E. Willing." It was not shown to me. The day figure is put after the month, which is not so in the models. I do not think it probable that a person in possession of all these cheques might produce a signature like that upon the forged cheque. The forger must have had some other model. The bottom of the F in Exhibit 14 and 15 is formed by making a short hook. Exhibit 18, the cheque payable to Col. Fane, has at the bottom of the F a big open loop instead of a short sharp hook. In both forgeries, the top of the T is extensively curved. The top of the F is also curved. In Col. Fane's cheque the tops of both the F and T are almost straight; they form an angle. In the small g in the name "Gascoigne" in both forgeries there is no open loop in the tail. It is finished off almost like a q. In Col. Fane's cheque there is an open short loop in the down stroke. In the 1903 cheque the bottom of the F has a short, sharp hook
similar to but not identical with that in the forgeries. The tops of the initial letters F and T are extensively curved as in the forgeries. The T is more angular. In the £10 cheque there is a sharp hook at the bottom of the F. The tops of the F and T are almost straight The T has a similar short hook as in the forged cheques, and similar to that in the £2 2s. cheque, the small g in "Gascoigne" is quite a q. In the two forged cheques the big curved dash goes right through the downstroke of the capital G and the small g. It occupies the same position in both forgeries. The dash in the £2 2s. cheque is much further below the signature at the beginning than the forged cheques. It goes quite clear of the capital G.
Cross-examined by Mr. Thorne. I made a report to the Treasury on Peach's handwriting which was sent in on April 24. Exs. 31 and 32 are not, in my opinion, Peach's writing. What Maud, Willing has said would not affect my opinion. I have gone through these letters very carefully, and if there is any trace of Peach's writing in those exhibits it absolutely baffles me, and I should doubt it on the most reliable authority. 31 is written by the same person as 32. The alignment in one is a little better preserved. I do not say that the writing in 31 is natural and that in 32 disguised. There is a strong resemblance between Exs. 37 and 47. The documents that bear Peach's name, I think, show that he is versatile in his writing.
Re-examined. These two letters, Exs. 2 and 3, one signed "Peach" and the other "J. Peach," when compared with his admitted handwriting of "Peach" [Ex. 47], show very marked differences. Exs. 31 and 32, written by Peach to Maud Willing in prison, differ in slope. It is a common mistake that writing in a backward way disguises the writing. In neither the cheque for £1 10s. nor the cheque for £10 is there a dash under the signature. Such a dash I should call a characteristic, and it is obvious that the forger of the £900 cheques for that reason would not copy from the £1 10s. or £10 cheque because the dash or flourish is absent. It is present in the £2 2s. cheque, the only one in which I have seen it. The flourish or dash in the Beckett cheque under the signature corresponds more with the £2 2s. cheque than the other forgery. It finishes with a curve backwards and is completed, whereas in the Drummond cheque it goes right to the bottom without finishing. The flourish, obviously, is not a tracing. It is purely a matter of argument. There is an unnatural shakiness in the forgeries. The genuine signatures are very firm considering the Colonel's age.
(Evidence for the defence.)
rank of lieutenant. I have since been called "Captain." I have been a member of the Naval and Military Club for many years. I joined it when in service. I am also a member of the Eccentric Club. I met Edward Willing, I think, in 1888 or 1889. I understood his father was in the Navy. He was apparently well off and went about with people who had money. I met his brother later, who appeared to be a man of some means. I knew Edward as Charles. I lost sight of him in 1893 or 1894 until 1904, when he called at the Eccentric Club and left a note for me. I afterwards met him in Shaftesbury Avenue by chance. He said he was hard up and I gave him some money once or twice. He told me he had been to South Africa during the war. He called several times at the club. I went abroad in November, as the lady I was living with was getting ill. I returned to London in March, 1905, and lived in Drayton Gardens. I found two letters from Charles Willing at the Eccentric Club. I destroyed them. They were asking to see me. I took no notice of them. I afterwards met him by accident in April. He was considerably better dressed. He seemed much better off, and said he was doing fairly well. He was living in Barnes. I told him I had spent a good deal in travel and if I could raise money I should be glad. He asked if I had any security. I said nothing very tangible. He said he might raise some money for me. I told him the only security I had was a small income paid to me under an undertaking, and had been paid to me for many years. He said he would make inquiries. I saw him a few days after, when he asked me to entrust the document to him and he would see what he could do. I gave him the undertaking as against a receipt. I saw him again, when he returned the document and I returned the receipt. I showed him letters from the solicitors who forwarded me my money. He said he would let me know, and that he could get me some money on my promissory note from a sporting friend, and suggested I should make it for £90 and he would get me as much as he could on it. My allowance was £800 a year, paid quarterly. I gave him the note, dated May 9 or 10, for £90 at three months. He gave me a receipt. I met him two or three times after, when he said he was trying to get the money, but his friend had been out of town a good deal racing. The lady I have mentioned was still very ill, and I took her to Switzerland. I was anxious to get the money before going. When discussing the matter with Willing in the "Drayton Arms" a man and woman came in, who were introduced to me as Maud Willing (his wife) and Peach. Willing reminded me I had met Peach years before, as a clerk in an office in Brick Lane, where I used to call. Willing said he would send the money to me next week. I gave him my address at Schoenek. Something was said about baccarat,
and that money was to be made at various watering-places abroad. He said he would not mind "having a shy at it." I left for Switzerland about May 20 or 22, and left my pot dog Smut with him. The money did not arrive, and I wrote and telegraphed to Willing. I received this telegram from him. I thought he was coming out, as he had hinted doing, for a holiday and trying at the tables. He did not come, and I wired him, referring to the promissory note (produced). I received this reply: "Sold one house; sending money to-day." Should be "sold one horse." I did not know what it meant. There was no name on it, but I concluded it was from Willing. I then wired: "In running, London. Register letter." The money not arriving, I wired: "In running, London. Letter not received. Wire explanation and remit, or must return. Take care." I thought I was being made a fool of. I then received this wire: "Sent registered letter Wednesday, addressed ass above. Will inquire. Charles." I then received a registered letter, with cheque for £75 on the London City and Midland Bank, which I gave (to the hotel people to cash. I acknowledged it, and said the amount was not what I had been promised. I returned to England in July. Willing met me in the Brompton Road and said he did not get as much money at he expected on my promissory note. He asked me to go down to Barnes. I went to luncheon. He casually said he supposed the promissory note would be met, or something to that effect, and I said yes. I afterwards had a letter from him to meet him in the Fulham Road, but he did not turn up; his wife, Maud, did. She asked me if I could lend her some money, I think she said £5. I did not like it much. She proposed my cashing a cheque, which she produced. I do not think there was any date on it. It was signed but not filled in. She said if I could cash it and hold it over two or three days it would be met, and would I wire the money? I suggested making it £8. She filled it up in my presence in a saloon bar, I think, or a paper shop. She handed it to me. It is dated July 25. I took it up to the club and cashed it, and wired £5 to her. She asked me not to send it in my own name, but "F. Arthers." A few days after I received a telegram and went to South Kensington Station where I saw Maud. She said she had just come up from Liverpool; that Willing had lost money, and was stopping to try and get it back at the races. She asked me if I had any small change for, I think, a cab or something. I did not know any reason, for her meeting me except to say he had lost money at the Liverpool Races. I gave her a few shillings. The cheque I cashed at the club was dishonoured, and I took it up. I put the cheque in my pocket and forgot all about it, and do not know where it is. I did not see her again. I saw
Willing in August in the Brompton Road by appointment. He asked me if I was going to meet the promissory note. I said if he had got it on him I would pay him. He said he had, and I paid him in notes and gold £84 10s. I deducted £5 which I had sent to Maud and expenses entailed. I never saw him again. I destroyed the promissory note which he handed to me. I received one or two letters from Mrs. Willing, which are destroyed. They referred to the dog, and how nice it would be to go abroad in the autumn, which generally meant going to one or two watering-places and having a gamble. I have been on the Continent many times. I sent them my address at Fullbrooks, Worcester Park, Surrey, where they take paying guests. I wrote this letter to Mrs. Willing: "Dear Mrs. Willing,—I am sorry you have been so bad. The American Dentist Company are the best people." "Now business. If the results are to go to Paris or elsewhere abroad, and if I am to take them I must be in town the day before and see you and C., and arrange things in town," etc. "Now business" referred to going abroad for the purpose of playing and "no mess must be made this time" referred to their losing their money at Liverpool. "P.S.—Not a moment must be lost in getting there. There are four trains daily to Paris." That refers to the season, which was running out, and it might be too late. I heard of the arrest of Willing by a letter from a Mr. Barrett, who, I believe, was acting as their solicitor. I do not know what has become of it. I went to see Barrett. I alter wards received a letter from Mrs. Willing from Holloway saying she could not eat the food they gave her because of her teeth, and asking if I would let her have some money. I sent her 10s. I afterwards had a letter from Mrs. Sybil Willing, and subsequently met her in the Burlington Arcade. She told me the Willings were very badly off and wanted money for their defence, I think £30 or £40, and that Charles Willing was very bitter, and she did not know what he would say or do. I said I did not know anything about his business. I felt very sorry for them. I did not mind giving them £1 towards their food, which I gave her. I declined to do anything else. She seemed to think I ought to find money for the defence. I did not see why I should. She seemed rather warning than anything else. She was civil enough. I bad another letter from her. Ex. 38 was given me a long time ago by Middleton. I had them for two years. A man I metat the club asked me for some autographs some time ago. I got them for him, and shoved them in my pocket, as I did not see him again. I forgot all about them. The pawntickets were my own. I know nothing about the cypher code, except that I received it. I never wrote or received a letter in cypher. The letter-card of February 24, 1906, I do not know how I
came by. I put it in my pocket, and threw it down with other papers when I went home to dress for dinner. In reference to the two-guinea cheque, I met a man in April last who told me he was an old soldier (Acres), and had been in the battalion, I think, and wanted some assistance to take him away, as he had fallen on bad times. I thought I would try and collect a little money to help him along. I had no previous acquaintance with Colonel Gascoigne, except that I met him casually years ago. I wrote to him and other people, and he sent me that two-guinea cheque. I remember the letter in which the cheque was enclosed was dated a day or two later than the cheque. It came to the Naval and Military Club. I kept it in my pocket for two days and cashed it at the club. Then I saw Acres, and handed the money to him and gave him £2 of my own as well. I did not have many other answers to my letters. I wrote to the colonel of the regiment and he did not answer. I never handed the cheque to Charles Willing, nor had he it in his possession. I never heard of Mrs. Hughes, the mother of Mrs. Sybil Willing. Except for that cheque for £75, which I received at Schoenek, I never received any French notes or any further money from Willing at all. I have never had anything to do with the forging of these cheques, directly or indirectly.
(Saturday, May 26.)
FREDERICK ARTHUR FANE (prisoner on oath), recalled. I agree with Willing that I knew him first in about 1888 or 1889. I saw him frequently up to 1893 or 1894, and then lost sight of him until May of 1904 or a month earlier. Before 1896 I was on intimate terms with him-too much so. I met him at different places. He had lunched with me at the Naval and Military Club. I did not call him by his Christian name. I do not think he had any occupation. He seemed to have money. I have been a card player, not for heavy stakes. I may have played with Willing, but not habitually. When I met him in 1904 he had left a line at the club with no address and I met him by accident. I asked him what had become of him. He said he had been in South Africa during the war. I did not think he had been in a regiment or as a soldier. Whether he had been fighting or not I did not know. He asked for assistance and I gave him small sums on several occasions. He said he was trying to get something to do. I believe he was for a time in some place. I had no conversation with him about card playing. I did not say I knew a good man if he knew of anything good, or ask him if he knew of any mugs. Nothing of the sort took place. I met him off and on for a month or so. I went abroad in the autumn of 1904. I met him again by accident in the early
part of April. 1905, before Easter. He seemed to be better off. He paid me £2 or £3—certainly not £10. I had lent him the money. I met him several times at the Drayton Arms, considerably after Easter, by appointment. He was negotiating a loan for me. I gave him the settlement and the letters. We probably met three times about that. He said he knew a man who could do it, and he gave the documents back to me. I understood that he had shown them to somebody who was going to do it. This was before Easter. The settlement was a voluntary letter written by my wife and two or three letters from the trustees, enclosing a cheque on Chaplin, Milne and Co. I have been told since by my solicitors that a cheque for £75 was forged in the name of my wife. Early in May I handed to Willing a promissory note for £90, payable three months after that date. I received my income of £200 about May 15, and went abroad on the 24th. I was anxious to get the note discounted before I started. I saw Willing occasionally at the Drayton Arms. I wanted to know whether the note was going to be done. I asked him to see me. I wanted the money. I believed he would send it me as soon as he got it. I trusted him. It was a mere coincidence as far as I was concerned that Peach and Maud Willing came to the Drayton Arms when Willing and I were there. Peach had nothing to do with the promissory note. I never expected them. I had known Peach as a clerk in the office of Ferrers, patent agents and financiers, in the City, in 1896 or 1897. Willing told me or I should not have recognised him. I do not know why Willing should mention my name to Peach. I afterwards met Peach in Piccadilly in February, 1906. He came up and spoke to me and asked if I could get a berth for him. I knew Edward Willing was living at Barnes. I suppose Maud Willing and Peach came to meet him at the Drayton Arms. I received two postcards from Peach, one dated November 27, 1905, from 145, Brook Street, addressed to me at the Eccentric Club. I do not know how he knew my address. I cannot explain his writing the letter. I do not know of any possible mutual interest between me and Peach. I got both those cards at the same time—found them waiting for me at the club. They do not look the same handwriting. I did not answer them. When I met him in Piccadilly he said he wanted a clerkship. I returned from abroad in July. I met Willing the first time afterwards by appointment. I wanted to see him to ask why he had sent me £75 instead of £80. I had mentioned it in my letter and had no answer. He said he could not get any more. I did not ask him who he discounted the note with. He asked me to come and visit him; the date was not fixed. I went to lunch with him and met his wife and his
sister-in-law. He asked me whether the promissory note would be met and I said "Yes." After that he made an appointment to see me in the Fulham Road. Maud Willing came instead and asked me to lend her £5. She did not say what for or that they were going a journey. I refused to lend it I said I could not lend it. She then said she wanted a cheque changed and held over, and she then produced a cheque signed in blank. I agreed to let her have £5 on that cheque. She wanted me to telegraph the £5, and I made the cheque for £8 because I wanted the balance. I cashed it at the club. I believed it would be met, that it would take two days to clear it. I did not think the cheque would be dishonoured. I telegraphed the £5 in the name of F. Arthers because Maud Willing asked me not to send it in my own name. She said she did not want it to appear that the money came from me. It did not appear to me strange at the time; now it is put before me in this way it does. The secretary asked me for an explanation. I said it had been given to me. I was very sorry and I would take it up. I was not in the habit of using cheque forms at the club. I knew they had cheque forms; I have had them in my possession. When I have gone abroad I have taken two or three occasionally. I was in London between July 29 and August 15. The club was closed, and the club was located at the Rag. Letters would not be sent on there unless special instructions were given. I might use cheque forms when abroad to pay a bill by drawing on a solicitor's office. I have used them when abroad I have not done it for a long time. I do not think I can give you the name of any solicitor. In May, 1905, when going abroad, I think I had three blank cheque forms. I have not had a banking account lately. When my £200 comes in it is pretty well all gone. I have been an undischarged bankrupt nine or ten years. After lending Maud Willing the £5, I had a telegram, I think from Liverpool, asking me to meet her at South Kensington Station. I was rather surprised to see she had been to Liverpool. She did not tell me why she had gone there. I had no suspicion she had been to Ireland. Before this case I never heard of Sir Robert Hodson. I did not know what Maud Willing wanted—I thought it very possible she might want to borrow more money. She told me they had had a bad time at Liverpool. The only object disclosed to me of the interview was that she wanted to borrow. In August I met Willing and paid the promissory note by £84 10s. in notes and gold. I had a sum of £20 in notes, and the rest was from my cheque which I had just received. I cashed my cheque at Chaplin, Grenfell, Milne, and Co., 6, Princes Street. I received the cheque on August 12 and cashed it August 14. I did not make a statement at the police court. I left the case in my counsel's
hands. It never struck me that if I had stated this inquiries might have been made to trace these notes. With regard to the Gascoigne £2 2s. cheque, a man met me in Pall Mall and asked me to assist him as an old soldier. It is a common form of begging. He gave me the names of several officers who served with me, and he was perfectly right. He said he recognised me. His name was Acres. I forget hit Christian name. I was not an ordinary story; I put him through his facings. I had no reason to suppose Colonel Gascoigne had any connection with the Rifle Brigade. I happened to know he was in the habit of assisting people in that position by common repute. I also wrote to Colonel Sir Julius Glyn and Lord Howard de Walden. I probably told Willing because I asked him to make inquiries about the man and to see whether he could hear anything about him, and he told me He could not. I did not receive the cheque for £2 2s. until May 17 or 18. I saw Willing several times; he was always hanging about. I had the soldier's address, and gave it to Willing. He told me he could find nothing about him. I did not think he had inquired. The next time I saw the soldier I cashed the cheque at the club, and gave it him with £2 of my own money. I cannot say whether I told Willing I had a £2 2s. cheque from Colonel Gascoigne. I saw a good deal of Willing; I did not suspect him in any way, and one talks about such a thing. I do not recollect anything being said about the cheque being made payable to Colonel Fane when I cashed it. I am called Mr. Fane at the club. Mr. Fane is on my cards. I did not say to the man at the desk, "They have given me brevet rank." I do not recollect saying it to Willing. If I told him about the cheque at all, I may have told him that; it is quite possible. There was a scheme between Edward Willing and me to go abroad to gamble, and that he should discount my promissory note; those two things absolutely explain all the communications that passed between us which have been put in evidence in this case. In May Willing was also proposing to go abroad for his health. He had the gout. Schoenek is a watering-place, a recognised hydropathic place. I have not suggested Willing was going to Schoenek. Willing said, "If we go abroad we would go to one or two places together and have a game." Aix-les-Bains was mentioned. The season begins there about June 15. I went to Schoenek for the benefit of the lady's health. We were going to move to Baden or Aix after her cure of three weeks. There was no particular hurry. I did not know when Willing was coming. I thought he was coming shortly after I left, on May 24. He was coming abroad, and if I wanted to, he would go to some of those places and have a go at the tables. You want a certain amount of capital for
that. Willing seemed to get money; he was a spendthrift. I knew the man got money. It was dependent on his finding money, certainly. Willing's telegram of May 28, 1905, "With you Tuesday," surprised me. I did not expect him so soon. I know now the Derby was on Jane 1; I did not know it then. There are other races that week. It did not astonish me that he should sign the telegram Charles; I knew him as Charles Willing. I cannot suggest any reason why he signed the form "C. Martin" or should have used a false name. Putting it in the light of what he says, of course, I can understand it. The telegram, "Not kept promise; conclude my business not done, so must return. Wire the truth immediately," was with reference to the loan. I should have had to return so as to get it done elsewhere. I was dependent upon the discounting of that note to stay any length of time. I went abroad on the distinct understanding that the money was to be sent. I do not understand what Willing meant by "Sold one horse." I waited to see if the money would come. I did write and acknowledge the money, and asked him what he meant by the telegram about the horses. When I came back it escaped my memory. I say the letter of August 24, 1905, "Now business. If the results are to go to Paris or elsewhere abroad, and if I am to take them, I must be in town the day before I see you, etc., and arrange things when in town. I will put up at the club. No mess must be made this time. Yours truly, F," is explained by the Baccarat scheme—that Willing was to go abroad with me and gamble at the gamingtables. That is the whole explanation of it. I merely meant that we were to go together. "If I am to take them" means take the money. Willing must have been going to trust me with the funds to go abroad to gamble with. I cannot give any other explanation of those words. "Not a moment must be lost, four trains daily to Paris"—it was getting very late. There was no mug to catch. I do not know that the cypher if in the handwriting of Peach. I cannot suggest anyone else who could have sent it. I have not the slightest idea why it was sent to me. No doubt it is a cypher. The five autographs were obtained for the purpose of handing them to an American gentleman who collects autographs, and I had not seen him. He was a man at the Eccentric Club. He wanted noble people's autographs; he did not suggest wealthy people. I forget his name; he was an honorary member. They had been in the bag for two years. One of them is the signature of Sir John Aird. I got it from) Mr. Middleton. I got them all from him at the same time. I do not know where he is—I think he was in Italy. (Copy letter-book handed to witness.) This appears to be a press copy, and it is dated March 29, 1905. It looks extremely like a press copy of that letter. There was
a loaded revolver in my bag. I have always had one. I have been in America, where we always carry one. It has been loaded for a very long time. I am not afraid of burglars in Bury Street, 8t. James's.
Re-examined. I have had these autographs a considerable time in my possession.
(Monday, May 28.)
Peach pleaded guilty to on October 19, 1903, being convicted of felony at this Court.
Inspector ARROW. The above conviction was punished by 12 months' hard labour. Peach received three months' at Marlborough Street for embezzlement. He belongs to, a family of criminals. His father is undergoing a sentence of five years' penal servitude for receiving bonds. His brother is also a criminal. I have no doubt at all he is the actual forger. There are other forgeries of cheques not mentioned. The first in which Peach is said to be concerned is one in 1894 on the account of Fred Terry, the actor. Another on the account of Mr. Shepherd at the Union and Smiths Bank for £83. Then then was a cheque for £75 in the name of Mrs. Fane—the prisoner Fane's wife—and a cheque for £163 on the Capital and Counties Bank on May 6, 1905; that was the first on the Naval and Military Club forms; Fane and Peach were both concerned in that. We had next the bond forgeries, and these two cheques for £900 each and the one for £350 mentioned in this case. Then there was the cheque in the name of the Bishop of London for £150, but Fane had nothing to do with that. When arrested the Willings were in possession of forged cheques for £600 and £350 on Coutts's Bank, and as to these it is supposed that Fane was to participate if they had been passed. All the cheques were passed in the way mentioned in this case. I know nothing more about Fane than has transpired in this case. A great deal has transpired about his social life.
Sentence, each prisoner, Seven years' penal servitude.
FOURTH COURT; Thursday, May 24.
(Before Judge Rentoul.)
Mr. Travers Humphreys and Mr. E. C. P. Boyd prosecuted. Mr. Curtis Bennett defended.
came to our shop and bought meat to the value of £16 6s. 2d., and I accepted from, him a cheque on the London City and Midland Bank. He gave his address as 33, Marcia Road, Old Kent Road, and the meat was handed over to the carrier Hinge, The cheque was returned, marked, "Account closed," on Tuesday, 27th. Howse is a butcher carrying on business at 47, Tower Bridge Road, and we have done business with him. When this meat was bought his name was not mentioned. We did not know we were serving him, and if we had known it was going to him we should not have parted with it without cash. A fortnight before he bought meat and I refused a cheque, saying I must have cash. My instructions were to have cash. Nothing was said by Bryant to lead me to suppose there was any connection between him and Howse.
Cross-examined. I have known Howse since the beginning of last December. He dealt with us once a week, and I may have received eleven cheques. I received cheques for £8, £8 9s., £7 18s. 9d., £8 9s., and they went through properly. Up to January 27 I received cheques from him. I thought Bryant was ordering for himself. If messengers came to order meat, they would give their master's name invariably. I know that Howse's cheques are coming back in the meat market at present time. If they are accepted, they are coming back. If cheques are being accepted in the market the people are being defrauded. As late as 16th inst. I know a cheque was returned, and the people have not got their money.
Re-examined. Two or three weeks before March 24 I received instructions not to receive cheques from Howse.
ALEXANDER FUCHSTER , cashier to Litton and Clark, meat salesmen, 250, Central Market. On March 23 Bryant ordered meat of me of the value of £7 13s. 6d., and I received cheque produced in payment, which was returned on 26th, marked, "Refer to drawer." When the meat was ordered, nothing, was said about Howse, and no reference made to him. If I had known the meat was going to him, I should not have parted with it, as my instructions were not to give credit to Howse. I believed the meat was for Bryant and that he had a shop. He gave his address, 33, Marcia Road, Old Kent Road, and I had no suspicion that he and Howse were connected. Last year we had to take proceedings on a cheque given by Howse and drawn by a Mr. Scott. The meat bought by Bryant was given to the carrier Hinge.
Cross-examined. Before Scott's cheque was returned we would not allow Howse credit, but if He had paid a cheque we would have allowed meat to go, not his own cheque but Scott's. We took Scott's cheques previously and they passed through all right. Our first transaction with Bryant was a week previous
to March 23. He paid by cheque, which was honoured I thought at that time he was principal. Managers come and order meat in the market for employers. If a new man came he would give the name of his employer. I have heard Howse is now dealing in the meat market.
Re-examined. When we are dealing with a manager he does not give a cheque on his own account.
WILLIAM HENWAY , cashier to James Blofield, meat salesman, 253, Central Market. On March 24 Bryant purchased meat to the value of £8 6s. 10d. and gave the cheque produced on the London City and Midland Bank. No reference was made to Howse, and I thought I was dealing with Bryant. He gave the address as Marcia Road. If I had known the meat was going to Howse I should not have taken a cheque in payment. I had received instructions from my employers not to take his cheques. The meat was handed to Hinge, who applied for it in the name of Bryant The cheque was returned marked, "Account closed."
Cross-examined. On March 24, when Bryant came, he gave us Litton and Clark as a reference, and I communicated with them and it was satisfactory. Bryant signed the cheque, and the meat was sent out in his name. The Grand Jury have thrown out the bill against Bryant. We took cheques from Howse up to March 23. We took cheques regularly from him up to that date, and they were honoured, but it was after I had taken the cheque in that day that my employers gave me instructions not to lake his cheques.
Re-examined. I had taken that cheque on my own responsibility. Then my employers gave me definite instructions to take no cheque or give credit.
WILLIAM GOLDSTEIN , cashier to S. Matthew and Son, 34 and 35, Central Market. On March 23 Bryant gave me cheque produced on the London City and Midland Bank for £4 17s. 8d. in payment for meat. I had not seen him before. I thought the meat was bought on his own account, and he gave his address 33, Marcia Road. If I had known it was going to Howse I should not have taken a cheque in payment. We had a judgment against him. Some meat was purchased by him and not paid for in February of this year. There was nothing on which we could distrain.
Cross-examined. We proceeded in a civil way against Howse. Bryant's cheque was returned, and we did not proceed civilly against him. We do have bad debts, and have to sue for them. I have heard that Howse is still dealing in the market.
and during that month I took meat from the meat market regularly to Howse on Bryant's orders. On March 23 and 24 I took meat from the Hammond Beef Company, Litton and Clark, Matthew and Son, E. Oppenheim, Griffin's Meat Company, and James Blofield and delivered it to Howse, who paid for the carriage of it.
ALBERT ALEXANDER CROSS , manager of the London City and Midland Bank. On February 23 he opened an account at the bank with a credit of £15. Before it was opened I required a reference and Howse was given as reference. I received the letter produced from Howse. The account was opened with a cheque for £10 and £5 cash. The cheque was drawn by Howse on the South-Western Bank, Bermondsey. Exhibit 4 is a certified copy of Bryant's account. On March 3 a cheque for £12 10s. was dishonoured, there not being sufficient funds. I produce a list of cheques drawn by Bryant and dishonoured.
Cross-examined. Tradesmen's accounts are fluctuating; at times the credit balance is very small indeed. A man will sometimes pay money in the morning to meet a cheque coming in later in the day.
EDGAR CHALLICE WARD , cashier to Darrington and Co., 258, Central Market. On March 24 Bryant purchased meat of us to the value of £2 15s. 10d. and gave a cheque which was returned marked "Account closed." Nothing was said about the meat being bought for Howse, and if Howse had ordered it it would not have gone out on a cheque. I believed it was bought for. Bryant, a butcher, residing at the address given.
JESSIE BURGE , wife of George Burge, 33, Marcia Road, Old Kent Road. Bryant has lodged with me for four or five weeks, from the end of February to end of March, occupying one room at 5s. a week. He brought no luggage and gave Howse as his reference. I have seen him with Howse at his shop. I was under the impression that he was working for Howse.
CHARLES RICHARD BRYANT , butcher. I first met Howse three or four months ago. I did not know him before February. I was applied to to go and work for him at 30s. a week and food. I worked for him for six or seven weeks. I was his paid servant during the time I bought the meat. On February 23 I opened the account with the London City and Midland Bank at the instigation of Howse. He said he would open the account and I should assist him in the buying; he would open it with his own money. He gave me £15 to open it—cheque for £10 and £5 in gold. I did not know at the time what I was doing. I bought meat in the Meat Market for Howse and once (on March 23) for
another man. On March 23 and 24 I bought a large quantity of meat in the market from the Hammond Company, Litton and Clark, S. Matthew and Co., E. Oppenheims, Griffins Meat Company, J. Blofield and Co., and Darrington's—in all nearly £60 worth. I bought it all for Howse on his instructions. I never bought such a large quantity in one day for him before. In previous weeks the money was in the bank on Monday morning to meet the cheques, and I thought it would be so this time. When I asked him for £60 he said he had not got it. He did not mention it to me till 8.30 Monday morning. He gave me £30. I paid two small cheques, amounting to £9, and I have been living on the rest. On March 23 and 24 I believed the cheques would be met by Howse. I was not aware that his cheques were not received in the market, because he always had a banking account. I gave the address 33, Marcia Road, at his instigation, that I might have a proper address to open the banking account with. I told the landlady where I was working.
Cross-examined. Marcia Road is half a mile away. I was going to be a butcher if I could get enough money. There was a chance of somebody setting me up if I could have got a loan. I had done everything at the trade except buy. I never had a banking account, and did not know the meaning of one. I wanted to have some experience of buying in the market before setting up for myself. Howse also had a banking account, and up to March 23 his cheques were also given in the market. When I went to the market I gave my own name, because the bank account was in my name. I had no intention of defrauding these people. March 24 was a very big day as to orders, and Howse was also ordering meat.
FREDERICK THOMAS HOWSE (prisoner on oath). I am a retail butcher, of 47, Tower Bridge Road. I buy all my meat in the Meat Market. In February I wanted a man for the shop, and I asked a butcher in the market, Brace, if he knew a man to suit me, and he introduced me to Bryant. Brace had known him for six years. Bryant told me he wanted to learn how to buy frozen meat. He told me he had had some experience with English meat, but none of buying from the Meat Market. He came and worked for me and went to Smithfield Market. He opened an account in the London City and Midland Bank. I gave him a reference for that account, and it was my money that started the account. Account was opened because he told me he was about to buy a shop in Seton Street of a man, and his sister was going to lend him some money. I said, "All right, I will learn you what I can," and there was a sum of money paid for the shop in Seton Street. At the time he bought for me I was also buying for myself. I gave my cheques in the Meat Market. All my cheques given to Blofield's
were met. In our business we do not keep a large credit balance at the bank. When cheques are given I pay in money to meet them. Unless cheques are wired in or sent in quickly I have always paid in the money to meet them. If cheques are wired in and there is not money to meet them I pay it in as soon as I can. On March 24 Bryant ordered a great deal of meat—too much—and I also bought too much—and we had enough for the whole of the week following. I gave Bryant £30 on Monday morning, all I had, but I did not know he did not pay it in till the following day, and the account was closed. No application was made to me by any of these firms for this money. Since March 25 I have been doing a large business in the Meat Market and paid by cheque, and cheques were honoured, except one given one Friday morning. I gave the cheque at 11.5, and I came home and said to my wife, "How much money have you got? I will take it to the bank for fear it should be wired through." The manager said it had been in by special messenger, I said, "Can I stop it?" He said, "No, you will have to go and see them." I wrote it at 11.5, and it was there at 12.5. On another day I gave a cheque for £9 11s. 9d. to Bowyers, and when I got the meat home in the morning I went to the bank and I pot in £17 to, meet it. The manager said the cheque had been wired through. He said, "If you go to Lombard Street and take this money with you you can stop it." I saw Bowyers, and told them if they passed the cheque through they would find sufficient money to meet it, and it was all right. My cheques are accepted up to this date in the market. I did not give Bryant any directions to go to any definite people in—the market, but to go to the cheapest place he could.
Cross-examined. I admit I gave Briginshaws a cheque for £16 6s., which was dishonoured. I was very anxious to meet it on April 14, and I have seen their salesman and asked him to present that cheque again, and he refused. There was a cheque given to Frost for £5 12s. wired through and dishonoured. It has never been taken up. I bought six sheep and, one lamb, and they were three stone short in weight. I went to them and they would not allow me to talk to their scalesman about it; they said I should have sent it back. My cheque of February 9 for £5 4s. 6d. given to Elmer and Griffiths was dishonoured. I bought two top pieces of this firm, and when I got them home they were bruised. A cheque for £5, which I gave to Bryant to pay into his account, was dishonoured. I still insist I am a man of credit in the market. I admit that Matthew and Co. obtained a judgment against me which was never paid, and that on March 16 I went to the Griffin's Meat Company and asked them to let me have meat on a cheque, which was refused-and I deny that after March 23 the Hammond
Meat Company, S. Matthew and Son, Litton and Clark, Oppenheims, Griffin's Meat Company, James Blofield. and Darringtons would not have accepted my cheques. My credit is. good in the market. I admit I had not known Bryant for six years, but my friend had known him. That statement I admit was untrue. Bryant had bought odds and ends for me in the market in the first part of February, and I insist he is properly described in this letter. I trusted him, and found him honest and straightforward. I did not at any time tell him Griffin's Meat Company would not take my cheque.
Counsel for the prosecution stated that the prisoner was made bankrupt in 1902 with liabilities £1,513, and assets £98. and the following year convicted of fraudulent removal of goods under the Bankruptcy Act.
Sentence, Nine months' hard labour.
Mr. J. F. Vesey FitzGerald prosecuted. Mikels pleaded guilty.
HENRY DANN , insurance manager, 457, Brixton Road. At 3.15 p.m., on May 3, I was in Leadenhall Street, and I hailed an omnibus, and as I ran to it Supper and another darted of the kerb. The other man shot past me and wheeled me partly round. Mikels shot past me rapidly, and as he wheeled, me round, the little one, who had a yellow handkerchief, said, "I beg your pardon," and my scarf pin was gone. I kept on the step of the omnibus till we overtook a constable. I took the constable on the top of the omnibus, and Supper was sitting in the second seat on the right-hand side. I said, "That is the man,'" and we took him to the kerb. He said, "I am perfectly respectable, you can search me if you like," and we left him while we went to take the other man, who was sitting on the left-hand side at the front.
WILLIAM WRIGHT , 14, Lancaster Road, Notting Hill, omnibus, conductor. I was in the bus at 3.15 in Leadenhall Street, and prosecutor hailed the omnibus and the driver slackened up. Before he jumped on one of the prisoners Jumped on in front of him. He went up three or four steps and turned round as if he wanted to get off. Prosecutor was on the step, and the other was behind him; he could not get one way or the other; it was a sort of hustle. The 'bus was stopped and prosecutor called a policeman. He went on top with the policeman and identified prisoners, and when they got off I started the 'bus again. A passenger found the pin stuck in the apron on the
left-hand side (pin produced). I handed it, to the policeman in Gracechurch Street.
Cross-examined. There was a kind of scramble for the 'bus as if all three wanted to get on together. The pin was found in the seat where Mikels was sitting.
GEORGE AINGER , City police-constable, 717, examined. I was in Leadenhall Street on May 3, about 3.20. Prosecutor told me two men who were on top of the 'bus had stolen his scarf pin. He pointed out Supper as one of the men, and I told him to get down, and I left him in charge of P.C. Foster. Prosecutor pointed out Mikels, and I told him to get down. Mikels said, "What do you want me for? I don't know that man." They were taken to the station, and charged and searched. On Supper was the handkerchief produced. Prosecutor had given a description of the handkerchief as a yellow one with a white border. Supper had £2 17s. 10 1/2 d. and a pawnticket for a diamond pin pawned for £2 10s. and five printed forms.
(Evidence for the defence.)
WILLIAM SUPPER (Prisoner, on oath). I live in Commercial Road and I have a restaurant with my brother. My brother has kept it for four years, and I have been with him two years. On May 3 I was in Leadenhall Street and I was, going to a tailor in Oxford Street to pay £2 17s. In Leadenhall Street I got on the 'bus, and prosecutor came up and called a policeman to take me down. I asked him,'"What do you want of me?" When I got on the 'bus I had the handkerchief in my sleeve. He wanted to punch my face, and I did not let him; and the handkerchief fell out of my sleeve. I do not know the other prisoner; perhaps he knows me. I have not been convicted before but I have had a trial.
Cross-examined. I have been in England two years. I do not know Barry O'Davis, or Mark Davis, or Lehman or Blakovsky. I have seen by the papers that Blakovsky is in gaol. I know Girsher; he comes round the restaurant. The printed forms were brought to the restaurant about a month ago by an actor; he is about here with my brother.
Cross-examined. I do not know Barry O'Davit, or Mark Davis, or Lehman or Blakovsky.
I. MOSKEVITCH, wholesale clothier, 234, Burdett Road. I have known Supper between three and four years, and he has borne a good character.
To the Court. Prisoner was in this country before between three and four years. He went home and fetched his mother and sister. This time he has been over here two years.
The police testified that Supper's restaurant is the resort of dangerous Continental criminals, and that the prisoners undoubtedly know each other.
Sentence, Mikels. Three months' hard labour; Supper, six months' hard labour.
OLD COURT; Friday, May 25.
(Before Mr. Justice Sutton.)
BRYETT, David Bennett (50, estate agent) , having received a bankers cheque for £60, on account of Sidney Gambier Parry, did fraudulently convert the same and the proceeds thereof to his own use and benefit; similar charges as to other cheques.
Mr. Charles Mathews and Mr. Bodkin prosecuted; Mr. Leycester defended.
SIDNEY GAMBIER PARRY , architect, 34, Victoria Street, S.W. My wife is the owner of 19, Eaton Terrace, and has been in the habit of letting the house in the spring, and amongst others went to prisoner as a house agent for that purpose. In January. 1905, the letting of the house was in prisoner's hands. On February 1 the agreement produced for the letting of the house was executed between me and Mr. Reginald Grenfell for the period from February 8 till April 19 at a rent of £120, £60 payable before February 18 and £60 on March 21. On February 28 I received from Bryett £52 15s. 6d., being the first instalment less his charges and commission on £120. I have never received the second instalment. I have made application for it from time to time, generally over the telephone, but I could not get any answer about it.
Cross-examined. I do not remember any other transaction with prisoner. I think it was fixed up by telegram. I knew him by sight, but had no personal interview with him. With regard to, the first cheque, I agree it was a proper thing for him to pay it into his account and then to send me on a cheque less the commission; I believe that is the usual way. With regard to the second cheque, my complaint is not that he paid it into his account but that he did not send the money on to me. I think I learned that the second instalment had been paid some time at the end of July. I made no complaint to the police, and brought no charge against him of robbing me. I simply come forward now as a witness, and am not making a charge of any criminal offence against him.
Re-examined. I think my first inquiry over the telephone must have been some time in April, and, roughly speaking, the inquiry was repeated three times.
CECILE BLANCHE GRENFELL , wife of Mr. Riversdale Grenfell, Herts. On February 1 last year Mr. Grenfell entered into an engagement for taking 19, Eaton Terrace, Bryett acting as agent. On February 7 my husband drew a cheque to him for £60, which was cashed. On March 22 I sent a further cheque for £60, to Bryett, and received this receipt from 9, Sloane Square, "March 22, 1905. Received of R. Grenfell the sum of £60, being the second instalment of rent due in respect of 19, Eaton Terrace, as per agreement," and signed, "David B. Bryett."
Cross-examined. I think the cheques were crossed. I think we always cross cheques.
The Hon. REGINALD FREEMANTLE , 5, Sloane Gardens. In March of last year I was desirous of letting my house furnished, and put the matter into prisoner's hands. An agreement was executed between me and Mr. Pennant to take the house from April 6 to June 7. for one hundred guineas, half payable on taking possession and half on May 3. On April, 18 I received a cheque from prisoner for £39 15s. 6d., the deduction being in respect of certain charges', inventories, and so forth. I never got the second instalment, or any part of it I, made application for it by calling about a fortnight, after it became due. Mrs. Freemantle also called, and on May 25 I wrote, asking for it. I cannot remember receiving any answer. On July 22 I again wrote, but to the best of my recollection did not receive any answer. There was an extension of a week beyond the period for which the house was let for which the rent was to be fourteen guineas. That money I never received.
Cross-examined. I suppose it would be a proper thing for prisoner to pay the cheque for £14 14s. into his account and draw a cheque in my favour, deducting the commission.
Mr. Justice Sutton. I do not think it is suggested, is it, that prisoner was wrong in paying any one of these cheques into his account in the first instance?
Mr. Leycester. There is a count in the indictment for misappropriating the cheques as distinguished from misappropriating the proceeds. The only way in which he could be said to have misappropriated the cheques in by paying them into his own bank. That is why I was dealing with that question.
Mr. Justice Sutton. Mr. Mathews, Do you ask for the verdict on any such ground as that he paid the cheque into his bank? What he ought to have done was to have forwarded the amount less his commission.
Mr. Mathews. That is the case technically.
Mr. Justice Sutton. It is merely a question as to the course of business. If he paid the cheques into his account intending to defraud any one of these people, of course, that is another matter. I do not think you need labour that point, Mr. Leycester.
Witness. The business was done through Stiles, the clerk, think.
PHILIP PENNANT , St. Asaph. I made the first payment under the agreement with Mr. Freemantle on the day I went into possession. It was probably sent to prisoner through the post, but I am not positive. When the second half became due on May 3 I sent another cheque for £52 10s. It has been paid by my bankers, and is endorsed "David, B. Bryett." By arrangement I kept the house on for a week or ten days till I went abroad. The further payment of £14 14s. I also paid by cheque. Receipts were given for the cheques.
Miss MARGARET ROGERS , 5, Tregunter Road, West Brompton. Till Michaelmas last I was lessee of 33, Beaufort Gardens. In May of the same year I was desirous of letting the house furnished, and put the matter in the hands of Bryett. I entered into an agreement with Mr. Herbert Harris to let the house from May 22 to June 30 for £58 10s., £29 5s. on taking possession and the other half half way through the term. After making that arrangement I left town. On May 24 I wrote for the first half of the rent; on May 25 Bryett replied that he had not yet received it but that Mr. Harris had promised a cheque in the course of this week. I never received the first instalment of rent. On June 7 I wrote another letter asking the reason for the delay; I do not think I received any reply. I never got any part of either the first or second instalment. Inquiries were made twice at prisoner's office on my behalf, and eventually I placed the matter in the hands of my solicitors, who issued a writ on my behalf about the end of June.
Cross-examined. I found out that all the money had been paid by Mr. Harris. I sent my maid to ask. It never occurred to me to go to the police about it or make a criminal charge. The only reason I am here is that I have been brought here; I do not like it.
HERBERT HARRIS , Ballinluig, Perthshire. In May, 1905, being in need of a furnished house in London, I went to prisoner's office in Sloane Square. I usually take a house in London every year, and pay the first instalment on taking possession, and the balance in the middle of the term. I drew the cheque produced, £30 8s. 6d., for the first instalment in favour of David B. Bryett on May 24. It was probably posted in the evening. The amount of the first instalment was £29 5s., and there was £1 3s. 6d., half the cost of the agreement, and stamp. I received the receipt produced dated May 25. On June 17 I paid the, second instalment of £29 5s. by the cheque produced, and received the receipt produced signed "David B. Bryett.
hands of Mr. Bryett. Mr. Sidney Taylor took the house furnished on agreement from April 1 to October 1 for 107 guineas, of which £56 3s. 6d. was to be paid on April 1 and £56 3s. 6d. on July 22. I received for the first instalment £45 3s. 11d., the balance representing Mr. Bryett's charges, but have not received the second or any part of it. I was abroad, but wrote and asked for it, I think, twice, but had no reply.
SIDNEY BIRD TAYLOR , 8, St. James's Square, S.W. On April 12 I sent prisoner a cheque for £57 7s.—£56 3s. 6d. rent and £1 3s. 6d. charges. On July 28 I sent him a cheque for £53 1s. 10d., the deduction of £3 1s. 8d. being for repairs. Receipts were forwarded.
ALLAN TUDOR DAVIES , 43, Cadogan Gardens, S.W. In 1904 through prisoner I entered into an agreement with Mr. schneider to take my house at a rent, of £180 from November 21 to March 27, and the rent for the whole term was to be paid at its commencement. In November, 1904, I received from prisoner £171 11s. 3d., being the rent less his charges. At the end of the term Mr. schneider was liable under the agreement for dilapidations and some other outgoings, and, subject to an allowance to him for coal, a balance of £17 15s. 7d. was struck. That sum I have never received. I have made application for it on several occasions by personal visits, and possibly by writing as well. I usually saw one of the clerks, but I also saw Mr. Bryett. It was in July, as far as I can remember, that I saw Mr. Bryett. I asked him if Mr. schneider's agents had sent the cheque to him, and he told me that they had not I went to the office again on August 17. One of the clerks told me that the cheque had been paid on August 14 by Mr. schneider's agents, and that on August 18 Mr. Bryett had filed his petition.
Cross-examined. It is therefore true that Mr. Bryett had not been paid in July. I had called several times before August 17, I think probably between the 1st and the 10th.
WILLIAM MARSLAND FRANCIS SCHNIDER . I sent the cheque for dilapidations less certain allowances, chiefly for electric light, the amount being £17 15s. 7d., to my agents, Messrs. Hadsley, and they endorsed it to the order of Mr. Bennett Bryett.
Mr. Leycester questioned whether the evidence was admissible on any issue before the jury. It had reference to 1904, and went to show that at that time prisoner was in want of money. The earlier date
with which these indictments were concerned was February. 1905. Of course the fact that he was in financial difficulties on be gathered from his own books, and from the fact that he went bankrupt.
Mr. Justice Sutton. I cannot exclude it. It only goes to what weight the jury may think proper to give it. It may not carry the matter any further than the books in fact do show.
WITNESS. On September 15. 1904, prisoner borrowed £60 from Fieldings on a promissory note for £75, payable in six months by monthly instalments of £12 10s. per month, the interest being equal to 50 per cent. The money was paid to him in two cheques of £25 and £35. The cheque for £25 was endorsed by him there and then, and handed back to us to pay the last two instalments of a previous loan of £60 borrowed in April of the same year. The cheque for £35 he took away with him. The first two instalments of the new loan were paid, and default being made in the third we sued for the balance owing and recovered it in January, 1905.
THOMAS CLAUDE CUTLER , assistant accountant, Parr's Bank, Sloane Square. I produce a copy of prisoner's account from September 1, 1904, to August 1, 1905. On September, 17 the account was overdrawn £75 16s. 3d. On that date a sum of £45 13s. was paid in, including the notes spoken to by last witness. On March 22, 1905, the account was in credit £144 13s. 2d. On that date £90 was paid in (part of that amount being Mr. Grenfell's cheque). On May 4, the account being in credit £269 19s. 6d., a cheque for £52 10s. (drawn by Mr. Pennant) was paid in. On May 25, the account being in credit £176, a cheque for £30 8s. 6d. (Mr. Harris's) was paid in. On June 17 a cheque for £14 14s. (Mr. Schneider's) was paid in. On June 19, the account being in credit £169 4s. 7d., a cheque for £29 5s. was paid in (Mr. Harris's second instalment). On July 28,£53 1s. 10d. was paid in (Mr. Taylor's cheque). Before that the account was in credit £63 15s. 5d., and the two sums make £116 17s. 3d. Next day, July 29, a cheque was presented for £115 1s. 6d. drawn by David Bennett Bryett, leaving a credit balance of £15s. 9d. A £100 note, No. 26947, and coin for the balance was given. On July 31 a cheque for £25 was drawn against the account, leaving the account overdrawn £23 4s. 3d. On August 1£17 15s. 7d. was credited (Mr. schneider's cheque), leaving the overdraft £5 8s. 8d., at which it stood at the date of the bankruptcy. The bank was not secured for any overdraft.
Cross-examined. Prisoner had banked with us for 17 or 18 years. In 1905 the account was only overdrawn once; in 1904 on several occasions. It was a fairly substantial account. In the first half of 1904.£4,164 was paid in; in the latter half,
£2,170; in the first half of 1905,£3,590; so that if it was overdrawn by a small amount the manager did not trouble about it. In September, 1905, when the account was overdrawn £75, we should not be putting any great pressure upon him.
NORMAN BENNETT BRYETT , 8, Haslemere Road, prisoner's son. In July, 1896, I went into my father's office, as junior clerk, being then 15 years of age. At that time my. father was in partnership with a Mr. Robert King, but since March, 1900, he has been sole proprietor of the house agency business, which from that time was conducted at 9. Sloane Square. By that time I had become second clerk in the business, (receiving £2 10s. a week and a commission of £25 a year, the commission to remain in the business and accumulate with the object of buying me a partnership. It was an arrangement between my father and myself, and no definite limit of time was fixed. Stiles was the register clerk and head clerk in the office, and as regarded the agency and particulars of agreements I should act under him. My father's account was always at Parr's Bank, and he alone could operate upon it. When father was not at the business I would with his authority endorse cheques. Either Stiles or father would open the (letters, whichever wat there first, but the letters were always put before my father. If I endorsed cheques I should make a verbal report of that to my father. My father attended to the business, but in his absence I used to. I would fetch the pass-book about once a fortnight, so that father might see the state of the account. Between January and July, 1905, father was sometimes absent from the business. He has always suffered from a bad knee, and it took him sometimes so that he was unable to walk, but he could always get into telephonic communication through a call office. When able to attend to business he would arrive at the office at half past nine or ten o'clock, and in the ordinary course would leave about six, but in the meantime, of course, attended to outside appointments. Mr. Parry's agreement is, on a printed form, but so far as it is written it is in my handwriting. The receipt of March 22, 1905, is also in my handwriting, and this statement applies to most of the receipts and endorsements. I recollect Miss Rogers's letter of May 24 from Felixstowe. I dictated the reply to a shorthand writer and typst. The cheque of Mr. Harris had not then arrived; it probably arrived later in the day. The postcript with regard to the stables is in my handwriting. The information both in the letter and in the postscript I obtained from Stiles. That letter was probably posted early in the day. There were two letters copied before it and ten afterwards. With regard to Miss Rogers's letter of June 7, Mr. Stiles may have attended to it. I cannot explain why, as Miss Rogers says, she had no answer to it. My father was not back at the business
in the month of June. In such a time I should receive a telephonic call from my father where to meet him and communicate to him what had happened at the office. Such a letter as that of Miss Rogers would be communicated to him if it came into my hands. Mrs. Courtenay's agreement was partly written in by father and partly by myself. The cheques were endorsed by me, but the receipt is in Stiles's handwriting. In the agreement between Mr. Davies and Mr. schneider where there is handwriting it is mine. The account for the £171 11s. 3d. is in my handwriting. "With David B. Bryett's respectful compliments" is in my handwriting, but the receipt across the stamp is written by my father. The receipt for the cheque for £17 15s. 7d. is in my handwriting. The endorsement to the order of David Bennett Bryett on the cheque forwarded by Hadsley's is in my handwriting. Between March and August of last year I was attending to the business under father's direction. He was not attending to the minute details himself. He was engaged upon important business in the City connected with the sale of big sites—very important business. He had information in case anything happened in the office of sufficient importance to communicate.
To the Court. There were days from time to time when he never turned up at the office at all. I was not living at home, but some three or four miles off, so that except for the information I gave him by telephone or letter father would not know what was going on. I saw him every day, and would meet him before I went home, generally at Victoria Station, he going by one railway and I by another. The conversations we had at such times lasted for half an hour or an hour.
To Mr. Mathews. Father was kept thoroughly informed of the condition of the banking account. Both I and father knew what was the condition of the banking account on July 28. He knew that on the night of the 28th the balance to his credit was £63 15s. 5d. or thereabouts. On July 28 the cheque received for Mrs. Courtenay, £53 1s. 10d., was, received and paid into the account on the 29th, bringing it into credit to the amount of £117. It was father's own suggestion that he should pay me what he owed for commission. He owed me £125 and paid me £100. I do not remember when the arrangement that the commission was to accumulate for the purpose of buying me a partnership was put an end to. The cheque he gave me was for £115 1s. 6d., the weekly salaries being included. I think the cheque was drawn at Victoria Station; I cannot remember exactly where. The word "order" was crossed out and "bearer" substituted. My father initialled the alteration "D. B. B.," otherwise, of course, the cheque would not have been honoured. This was between eleven and twelve in the morning. I went to Parr's Bank and cashed the
cheque over the counter. I had a £100 note, and the balance in gold and silver. After that I went back to the office and saw to the salaries. The odd £15 1s. 6d. included £4 10s. towards household expenses. With the £100 I opened an account at the London City and Midland Bank in my own name, and operated upon it from July 19 to September 16, by when I had entirely exhausted it. I cannot remember that my father said why he was handing over to me the accumulated commission. He said times were bad, and he did not want me to lose the money. The account was only supplemented by one more payment, £16 10s. That was for the telephone. It was a cheque for commission on the letting of 5, Cadogan Mansions. All the payments out of that account were devoted to my father's business. Amongst the payments was one of £11 5s., the expenses connected with the filing of father's petition. On July 29 I did not realise what was my father's financial position.
Cross-examined. I did not realise that things were as serious as they were, but I did know, of course, that they were pretty serious. In the beginning of July we had the writ in Miss Rogers's case, and on July 20 she got judgment with costs under Order XIV. The cost had been paid, but not the rest of the judgment. The bankruptcy notice from her solicitors came the morning after the petition was filed. We knew it was coming as we had been threatened with it. At the end of July we were afraid that creditors might garnishee the banking account. July 29 was a Saturday. Practically the whole of the £100 went in expenses connected with my father's business. I never had the benefit of it at all. With the £16 10s. I paid the telephone account. That was commission which had been properly earned. Nobody was swindled out of that. In the interviews with my father I would tell him by word of mouth what I thought most important. During the last six months of the business there was a great deal of trouble at home. My mother was ill and underwent a very serious operation, and in the midst of the subsequent proceedings she died. My father was put to a great deal of additional expense in connection with those matters, and it is a fact that in consequence of domestic troubles he did to a considerable extent neglect his business, especially the house agency, and left it to myself and the other clerks. There were other branches of the business, the letting of land, the arranging of mortgages and surveying. The house agency business was left almost entirely to myself and Mr. Stiles, and he knew nothing about it except what we told him. The house register was kept by Stiles, and he it was who interviewed the clients. When a let had taken place the matter was handed over to me and I saw to the drawing up of the agreements and getting them signed, and the rents passed through my hands. All these matters were entered. The books kept were a ledger, cash-book,
house register, and book of dilapidations, and I was responsible for the entries. Some little time before the failure the books had got in arrear, so that if my father had looked at the books to see whether customers had paid he would not necessarily have found out, but there were in the office all the materials for making the books up. Receipts of money were always properly entered in the cash-book. Taking the last six months, there was always a balance at the bank. I could not say offhand what would be the total earnings of the business in twelve months. Father and I generally reckoned that the goodwill of the business would sell for £1.000 supposing we had to stop. Besides that, there was the value of the lease, which we had for 21 years at £135, including rates and taxes, of which 16 years was unexpired. The fact of going into bankruptcy would, of course, seriously diminish the value of the goodwill. My father always said be had a claim against Mr. King, his late partner, for about £2,000, and I have not the smallest reason to suppose that he does not sincerely believe he had a claim. £800 also was due to him as commission in connection with the sale of Stratheden House, the site of which was being built on. That £800 was secured to him by a charge upon some real property and insurance policies on the life of Mr. Mitchell Henry, so that when Mr. Henry died we were expecting to be paid the whole sum. As I understood that £800 was an amount that had been arranged and agreed and secured. Mr. Henry is over 80 years of age. Father and I always expected that that would be paid in full on the death of Mr. Henry, and we still believe so, and regard it as a good asset. As regards the lease, we had actually been offered between £500 and £600 by the landlord, who wanted to get possession of it. We refused it on the ground that it was not enough, and he asked for our figures. We mentioned to him a sum of £1,000, and he said that would be too much in view of the alterations that would have to take place. That was shortly before we stopped business. My father had nothing whatever to do with the letter of May 25 to Miss Rogers.
Re-examined. Between January 1, 1905, and the end of July writs were coming in at the rate of about one a month. There were nine in the seven months amounting to £526 14s. 9d.
HENRY JOHN WOODINGTON . manager of the Chelsea branch of the London City and Midland Bank. The last witness opened an account on July 29 last, when he paid in a £100 note. It was only increased by a payment of £16 10s. and was closed on September 16.
GEORGE ING LIS BOYLE , messenger, London Bankruptcy Court, produced a file of the proceedings relating to the bankruptcy. The receiving order was on August 10. the preliminary examination August 11. A statement of affairs was filed on August
25. and a supplementary statement on September 15. On September 25 Mr. Whinney, chartered accountant, was appointed trustee.
EDWARD PARKE , examiner in the department of the Official Receiver in Bankruptcy. I have personally had the conduct of the bankruptcy proceedings. In the statements of affairs, both original and supplemental, the liabilities were returned at £1,591 5s. 2d., and the assets at £3,750 18s. 6d., leaving a surplus of £2,159 13s. 4d. The list of creditors includes 35 creditors, to whom prisoner is liable in the amount of £1,202, money which he has received on their account and not paid over. So far as the cash-book is concerned, the receipt of these moneys is contemporaneously recorded, but in the ledger the accounts have not been written up since February, 1905, but that has been done since the date of the receiving order by the bankrupt himself. On March 22, 1905, when Mr. P. Parry's money was paid into prisoner's banking account, he was owing to persons on whose behalf he had received money £683 0s. 4d., and at that date £144 13s. 2d. was standing to the credit of his banking account, leaving him deficient to the extent of £538 7s. 2d. in respect of transactions such as those which have been investigated. On May 3 he owed to clients £581 5s. 8d., and had a balance of £269 19s. 6d., leaving a deficiency of £311 6s. 2d. On May 25 he owed £745 12s. 8d. to client and had £176 to credit, a deficiency of £569 12s. 8d. On June 16 he owed to clients £953 10s. 9d., and had a balance of £170 12s. 7d., leaving a deficiency of £782 18s. 2d. On June 19 he owed to clients £987 4s. 9d., and had a balance of £169 4s. 7d., leaving a deficiency of £809 0s. 2d. On July 28 he owed to clients £1,128 10s. 11d., with £6315s. 5d. to the credit of his account, leaving a deficiency of £1,064 15s. 6d. On August 1 he owed to clients £1,181 12s. 9d. with a debit to the banking account of £23 4s. 3d., a total defciency of £1,204 17s. In the course of the investigation prisoner produced nine writs and one summons on which his name appeared as defendant of various dates between January 17 and July 12, 1905, the total amount claimed being £526 14s. 9d. None of these writs were in respect of Stock Exchange transactions. They were mostly in respect of rents received for clients. Miss. Rogers's writ was amongst them. Three of them, amounting to about £150, were satisfied in money. Prisoner returned the expenses of himself, wife, and two daughters from August 10, 1902, to August 10, 1905, at £1.974 11s. 9d. in the amended statement, being at the rate of about £650 a year. The amount was first returned at £1,928 19s. 6d. There was a further sum of £300 for medical expenses, making £2,274 11s. 9d. On the other side there was an estimate of assets over liabilities on August 10, 1902. of £3,680, and the
net profits of the business from August 10, 1902, to August 10, 1905, were stated at £997 9s. 3d., or about £1,000 less than the expenditure for that period, or a yearly deficiency of over £300 a year.
Cross-examined. The estimate of profit had been made up from the figures in the books, and I think is pretty nearly accurate. As to the total commissions earned in the three years, £2.249 7s. 1d., there were sundry deductions to be made, leaving approximately £2,215 2s. 3d. In the year 1902 the expenses were £1,103, in the next year £1,148 9s., in the next year £1.061 7s. 6d., and the average earnings were about £1,400 a year, so that with an expenditure of about £1,100 a year there was only a profit of £300. A considerable sum appeared from the ledger to have been paid in commission to the brother, over £500 during the three years. The debtor stated that his brother Lewis was paid weekly commissions, and that he earned every penny that appeared in the ledger. Up to December, 1904, the brother was paid £3 a week, and £2 a week subsequently. The amount paid to the son came out at £425 in the three years, an average of about £140 per year. Stiles had £567 7s. 3d. in the same period, not quite £200 a year. The typewriter had £26 5s. salary. The rent was £135. The offic expenses according to the ledger were £387 for the three years. That account was headed "Office expenses, stamps, and sundries." It included the charwoman, £98 for the three years, extra clerks for inventories £97 18s. 3d., caretakers' wages £48, advertisements £173. stationery £38, and an item of sundries in the rent account £11. The figure of £997 apparently included profits that had not been received.
(Saturday, May 26.)
EDWARD PARKE , further cross-examined. The figures given did not necessarily show that there had been extravagance or mismanagement in conducting the business. The commissions might not have been sufficient; business might not have come in. It might be that the debtor was paying more salaries than the composition justified, but he might have been expecting to earn more, and therefore kept up his establishment. If he was paying more salaries than the composition justified it would be his duty to reduce them on ascertaining that fact. Prisoner denies entirely that the bankruptcy is due in any way to gambling or Stock Exchange risks, and I find no trace of it in the books. There has been no concealment so far as I know, and there was material from which to ascertain everything I wanted to know. The pass-book gives the payments in 1905 which do not appear in the cash-book. All the moneys received appear in the cash-book, but the weekly cheque payments
for his own drawings and expenditure do not. If he received a turn of, say, £60 for rent, that would appear in the cash-book, but I could not ascertain from the cash-book whether he had paid it again. He never balanced or made up his cash-book at all. During the six months before the bankruptcy the business appears to have been conducted in the usual way, except that the ledger was not written up since February, 1905. Prisoner freely gave me all the information I wanted, and without him I should not have been able to ascertain what the cash payments were for. If he had absconded I might have had trouble in ascertaining for what purpose some of the money had been paid. With regard to the constantly-increasing deficiency between moneys collected for customers and what remained in the bank, the reduction of the deficiency which on March 22 was £500 to £300 on May 4 might indicate that Mrs. Parry's cheque bad gone to pay some other creditor. I do not quite agree that it was a wrong system that one customer's money should be used to pay moneys owing. I should have to analyse the account from the commencement to ascertain exactly what he did. In calculating the deficiency I have simply dealt with clients who are creditors in the bankruptcy. If you took into account other creditors who have since been paid off and who are therefore not creditors in the bankruptcy, probably the deficiency would come out at a great deal more. It would appear at first sight that between March 22, when the deficiency was £500, and August 1, when it was over £1,200,£700 had disappeared, bat I am not prepared to say for what purpose the money was used. I have nothing to show what moneys were paid in the interval to customers who are not creditors in the bankruptcy, but there are some, though I have no idea of the amount.
Re-examined. The bankrupt did not add up his drawings for the previous three years until after the date of the receiving order. There was no book showing what the net profits were. There was no account in the ledger of commissions earned or received. Prior to the receiving order there was no addition made of the, expenses of the business. No profit and loss account had been prepared of the last three years. The cause of the failure was that his expenditure exceeded his profits. He could have ascertained what his expenses were by making up the books. In my opinion, the books have not been kept properly since March, 1900, at any rate, and I do not think they were for some years previously. An accountant went into the books prior to 1893. He could not have seen how he stood on the face of his books since 1900. Besides the £1,202 due to clients, there were creditors for cash advanced amounting to £225. One was £175 in respect of the mortgage of the lease in June, 1904. The conclusion I arrived at was that the £1,457 was either used to meet the debtor's personal expenditure out
of the gross takings, or to meet his trade and business expenses. As to the value of the goodwill, I do not regard the estimate of £1,000 as having any substance, certainly not after the bank ruptcy. The debtor's estimate of the value, of the lease was £800, but the landlord will not offer more than £500 or £600.
CLAUDE CROSS CAMPLING , managing clerk to Mr. Arthur Francis Whinney, trustee in the bankruptcy. The realisation of the assets has been under my control. They were originally returned by the debtor at £5,853, with a surplus after deducting the liabilities of £4,309. In a later statement they are returned at £3,750 18s. 6d., with a surplus of £2,159 13s. 4d. after deducting liabilities of £1,591 5s. 2d. Included in the £2,159 there was a claim against Mr. Robert King, the debtor's former partner, which was expected to realise a considerable sum, the amount of the claim being £2,081 12s. 6d. I have not been able to realise anything on that. On the other hand, a claim by Mr. King against the debtor, amounting to £1,400, but reduced to £1,000 by compromise, has been admitted to rank. As to the £800 in respect of the sale of the site of Stratheden House, which does not become payable until the death of Mr. Mitchell Henry, that is secured on life policies which are subject to prior charges which will more than swamp their surrender value, and only has a contingent value, provided Mr. Mitchell Henry should die within a reasonable time. For that £200 was the very best we could get.
A juror suggested that somebody was expecting to make profit out of that.
Witness. I expect so. The whole of the assets have realised, roughly, £640. The total liabilities, including certain proofs expected to come in, would amount to £2,700, including the £1,000 claim of Mr. Robert King, and some of the liabilities which had been mentioned in the course of the case, but some people, of course, will not consider their claims worth proving. Roughly, there is a deficiency of over £2,000. As to the alleged value of the goodwill, the goodwill of a bankrupt business is nil primarily, but in realising the lease we were able to sell to a purchaser who would give us something for the books and papers, which I should imagine would almost constitute the goodwill of a business of this sort. After a great struggle we got £50 for the books and papers, including the register, and the lease we sold for £390. Deducting £175 in respect of the mortgage on the lease, the net result is £230.
Cross-examined. Throughout the proceedings I have seen a good deal of the debtor and had a good many interviews with him. He has given us every assistance and dealt with us quite frankly. I have had a good deal of experience in winding-up the estates of bankrupts, and as a rule the assets turn out to be very much less than the original estimate of the bankrupt.
It does not follow that there is any wilful deception on the part of the bankrupt. In the hands of the trustee things have to be sold for what they will fetch, and the mere fact that a particular piece of property only realises £200 or £300 is by no means conclusive evidence that it would not be worth more in the hands of a man with a going business. This business as a going concern might very well have had a goodwill, and as it earned £300 a year the debtor might reasonably have expected to get £900 for it or three years' purchase. No doubt the lease in the hands of the debtor would have realised considerably more. With regard to the commission on the sale of Stratheden House, if Mr. Mitchell Henry were to die now no doubt the whole of the £800 would be realised, but he is in excellent health, and the purchase of that asset was in the nature of a speculation. The debtor no doubt had a genuine belief in his claim against King. (Question objected to on the ground that witness could not speak as to what was in another man's mind. Mr. Leycetter did not pursue the matter.) The lease was sold by private treaty without a valuation, and also the debt in respect of Stratheden House; there was no public auction.
Re-examined. We had expert advisers on the committee in the person of Mr. Stiles and Mr. Gambier Parry, and we did not want to put the estate to the expense of valuing.
To Mr. Leycester. In the amended statement of affairs the book debts are put down, at £975, and that would include the £800 in respect of Stratheden House. The good debts were therefore £175. Doubtful debts were put down at £193, and bad at £51, so that with the exception of the £800 the book debts were not considerable.
Cross-examined. At the time of his arrest he was working; in a situation for a firm in the Earl's Court Road in the same line of business as he had been in himself. I had no difficulty in finding him.
DAVID BENNETT BRYETT (prisoner, on oath). I am 50, and I started business in 1888, I think in October. Previously, for 14 years, I was working at South Kensington with my brother. During the whole of my career no charge of dishonesty has been made against me, and I have had no failure in business. Since 1900 I have been separated from my former partner, Mr. King, and have been working for myself. King was a sleeping partner. My son has accurately described the way in which the business was carried on. I do not deny that the moneys as to which evidence has been given were received at my office and paid into my banking account. I could not tell what the yearly
takings of my business were: they varied so. We can never tell in the agency business. We are always at work trying to make commissions. In 1905 I was paying income-tax on £400 a year. I did not realise that my expenditure was £650 a year. From the beginning of 1905 up to the time of my failure I had a good deal of domestic trouble. That had been going on for ten years. I realised that the business was getting into a bad condition in December, 1904, or January, 1905, at about the time the writs were beginning to come in. Before that I had borrowed of Fieldings when temporarily pressed. The house agency business I left principally to my son and the clerk, but I had knowledge of what was going on and was, of course, responsible. I did not make up my mind to file my petition until the last moment as I was hoping a turn might come and I wanted to save my business. I only realised about that time that things were going to be an absolute failure. Things, of course, were rather bad, but I was hoping to pull through. Whitsuntide is our best time in the house agency nowadays. From January to April I was expecting to do business, and in May there was every hope of rescuing the whole thing. Unfortunately, business did not turn out successfully. The business we had in in some cases matured, but we have not been paid for it. Up to the last moment I had no idea that there would be a deficiency. When I went bankrupt and the business was put into the hands of the Official Receiver I was expecting that it would be kept on and sold by auction. When it was shut up the goodwill vanished into air and was destroyed at once. Before bankruptcy I estimated the goodwill to be certainly £1,200 or £1,500, reckoning three years' purchase on £400 or £500 a year, which is what I thought I was making. I considered the lease was worth £100 a year more than I was paying. I was. paying £135, including rates and taxes, while the adjoining premises were let at £275, exclusive of rates and taxes. I considered the lease was certainly worth seven years' purchase on the 10 per cent, tables; that at £100 a year would be £700. My landlord has since told me that he would have given £600 for it. He wanted to acquire the lease and asked me to quote a price for it. and I quoted £1,000, but he said he could not give more than £500 or £600 for it. We did not get further than that, but I believe he would have given more. I still believe that I have a claim for £2,000 against Mr. King. The claim in respect of Stratheden House in a certain event was worth the full £800. In the event of Mr. Henry dying it would have been realised. It was bearing interest at the rate of 5 per cent., the interest being added to the principal. Originally it was £666 13s. 4d., being two-thirds of £1,000, plus 5 per cent, compound interest, and it amounted to £800 at the time of the bankruptcy. It represented commission I had earned.
To the Jury. The longer it remained the higher the value would he. I regarded it as an investment.
Examination continued. At the time of the bankruptcy I was expecting that a bankruptcy notice would be coming in regpect of Miss Rogers's case. At the time I gave the cheque for £115 to my son I was driven very hard, and I knew it was on the cards that my banking account might be garnished at any moment. I had the £115 practically all back from my son for expenses, and that enabled me to keep the business going a little bit longer. When I filed the statement of affairs I believed ft to accurately represent my financial position. I think I spent something like six weeks on and off with Mr. Parke answering questions and giving information. I gave every information I could. After my public examination I remained in London, and made no attempt to get away. I obtained a situation in Earl's Court Road, and was to be found there at any moment After my arrest I would not put my friends to the trouble of finding bail, and have been in custody since, with the exception of a short time on Tuesday, when I thought I was discharged. I had not any friends that I would like to ask to go bail for me. I did not know anybody that would care to run the risk. Perhaps there is some risk. I do not know, or I may have thought I was safer in His Majesty's custody than letting other people in for £500 or £300.
Mr. Justice Sutton. It seems an extraordinary tiling that he was not let out on bail.
Mr. Leicester. Bail was offered.
Mr. Mathews. Bail was fixed by the magistrate in "two sureties" of £250, and at there seemed to be a difficulty in getting anybody it was reduced to two sureties of £150.
Mr. Justice Sutton. I am not suggesting that the prosecution are in any way to blame, but it does seem an odd thing, and I think the reason Mr. Bryett gives for it is still more odd, that he did not like to ask for bail because be might be putting his sureties under some obligation.
Mr. Mathews. Of course, that was personal to Mr. Bryett. We cannot be made responsible in any way for that. The magistrate was impressed by the fact that Mr. Bryett apparently had difficulty in getting his sureties of £250, and therefore reduced the bail to two sureties of £150, and I think be did so in the hope and expectation that Mr. Bryett might be able to find it.
Mr. Justice Sutton. It surprises me very much that this gentleman has not been out on bail.
A Juror. Perhaps Mr. Bryett did not like to risk a refusal
Prisoner. Times are too hard to incur responsibilities now.
Mr. Leycester. When a man is in the Bankruptcy Court it is perhaps not the beat time to ask his friends for favours, especially favours involving possibly a loss of £150. However, I am not complaining.
Cross-examined by Mr. Mathews. My claim against Mr. King dates back to 1888, when we went to Sloane Square as partners. We endeavoured to bring about a separation in 1897, but it was not successful, owing to the landlord taking objection
to the two businesses being carried on in the one premises. We each had a hall share. I did not bring any action against Mr. King, but he knew of my views. He is an elderly man, and I did not want to offend him or upset him. I knew that Mr. King was saying that he had a claim upon me in respect of returns of the business, and my claim against him was in respect of the property in the lease. The money I borrowed of Fieldings would be at the rate of something like 50 per cent. I realised in December, 1904, that my business was not paying, but there was nothing to alarm one then; it was only just a temporary pressure put upon me by the bank, and I had to make good an overdraft. In March, 1904, owing to some demand made by the bank, I went to Fieldings for assistance. In September of 1904 I again went to Fieldings for the purpose of getting a loan from them. In December, 1904, I realised that the business was passing under a cloud, but agency is up and down, there is no reliance upon it. Things were a little bit slack after the autumn. As to whether that is a thing that occurs in the house agency business every winter, I do not know that there is any particular rule, but we have very slack times at times. I was at great expense with regard to my poor wife. She was having doctors at the rate of three times a day for about seven years, and the housekeeping money I gave her was out of money I had to finance her through the week. I do not wish to have anything brought up in that connection, sir, because it is rather distressing, but as you are pressing me upon these matters I must tell you exactly how the matter stood. As to whether I ever went through my books for the purpose of ascertaining the rate at which I was making money and the rate at which I was spending it, I never made out any returns or balance-sheet or profit and loss account. I know now that whereas the profit in the last three years was only something like £300 a year, my expenses were over £600. If I had examined my books in December, 1904, or January, 1905. I suppose that fact would have come out. If I had made that discovery I should not have received and paid into my own banking account and used the moneys paid to me on account of clients. If I had realised in January, 1905, that I had received £500 of the money of clients and used it as my own, I think I should have sold the business and squared up, and in that case all these people who came here yesterday would have received every single 6d. They have my deep sympathy and regret. I can assure you I wanted to pay everybody up. In 1905 I attended to my business as far as I could physically, and accept the full responsibility for its conduct. From time to time I knew the condition of my banking account. The pass-book was brought to the office twice a month. I cannot say that I knew that the first instalment of Miss Rogers's
money was sent on May 24, and reached the office on the 25th. I have no recollection of the letter of May 25, nor do I recollect that upon June 7 Miss Rogers was again writing to the office to know what had become of the first instalment of the rent. The second instalment was paid into my account, and none of it ever reached the hands of Miss Rogers. With regard to Mrs. Courtenay, I do not know that on July 28 the credit at my bank had been reduced to a little over £60. I remember meeting my son at Victoria Station, and drawing a cheque in his favour for £115 1s. 6d. My son then told me what was standing to my credit. He might have told me that the credit balance on July 28 was £63 15s. 5d., and I suppose he reported to me that Mrs. Courtenay's money had been paid into the account. Without Mrs. Courtenay's money there would not have been sufficient balance to meet the £115. Notwithstanding that I drew the cheque with the object of settling up with my son in respect of his commission account. The arrangement that the commission was to remain in the business to buy my son a partnership was then terminated, as things were rather close up. It was not till some days afterwards that I realised that I should be obliged to file a petition. I did not realise that the business was coming to an end then, and that there would be no partnership for my son to take over. I had hoped to keep the business on until the very last moment. I realised that I had received money for clients, which had been absorbed in the business before I drew that cheque. I suggested to my son that he should open an account in his own name, and pay the money into it. We were both anxious to keep the business going. The effect of that was that I had obtained control of that sum of money. When the receiving order was made upon August 10 there remained to the credit of that account a sum of £57, which was not vested in the official receiver. I did not know that my banking account was overdrawn on the evening of July 31. I cannot say whether I took pains to ascertain. it; I was very much worried at the time. I didn't suppose there was very much there. I knew that after the cheque for £115 was honoured there remained a balance of less than £2. With reference to the payment of the cheque for £17 15s. 7d. into the account on August 1, I didn't know that Mr. Daviet's money was going to discharge my overdraft to the bank. Up to 1897 accountants were regularly employed in connection with the business, and balance-sheets were made. From that time down to 1905 no balance-sheet or profit and loss account has been made out. I do not think that expenditure in excess of profits had been going on for longer than the time you have mentioned. I know the books show that in the three years, 1902 to 1905, I had been spending something like £300 a year more than I had been earning. I do not think there is any
reason to doubt my solvency before 1902. I could always pay my way till 1905, when things got embarrassed.
Re-examined. I do not consider I was in difficulties in 1904. The cheque for £115 was drawn on a Saturday. King did nut bring any action in respect of his claim upon me.
Mr. Leycester said he had proposed to call a witness as to character, but the gentleman had gone. There was, however, no dispute as to prisoner's character.
(Monday, May 28.)
Verdict. Not guilty.
FOURTH COURT; Friday, May 25
(Before Judge Rentoul.)
Verdict, Guilty. Sentence, Three months' imprisonment, second division.
Mr. C. B. Morgan prosecuted; Mr. Methven defended Thomas Garwood.
JAMES ALFRED BELSHAM , lighterman, 5, Goswell Road. On May 5, at quarter to twelve, I was in the "Horseshoe," Borough High Street, and prisoners were there in the front bar. I had a drink with Garwood. I had not seen him before. We remained till closing time, 12 o'clock, Saturday night. They asked me to go to their place to have a sing-song. I went with them to Queen's Buildings I never was there before. We went into the back room. There were two children in bed. I was not drunk, nor was Garwood. I had about £1 9s. on me. We were all standing up talking. I received a blow on the nose, and was knocked backward on the bed by Garwood, and then I had a blow on each side of the face. I missed the money out of my pocket. I felt the lady's hand in my left hand pocket. They threw me into the street by force. I missed my money, all but 3d., which I had in my other pocket. I lost £1 9s. I had had a sovereign, a 2s. piece, a shilling, and several sixpences. The sovereign was a very dull one.
Cross-examined. Goswell Road is two miles from this public-house. I am a lighterman, my wages are different sums. I was paid on Friday. I took £2 10s. on Friday night Saturday night I was out spending it. I had got rid of 21s. I am a married man. My wife had 26s. out of my money. I had other money beside the £2 10s. We were in the "Horseshoe," not the "White Hart." The "Horseshoe" was the only one. I arrived there at quarter to 12, and we were drinking till closing time. I did not say at the police station, "I met the prisoners about 11 in the "Horseshoe," we were drinking together till closing time, and they asked me to accompany them home to a sing-song." I told the inspector I met them at quarter to 12 at the "Horseshoe." I had never seen them before. Thomas Garwood asked me to have a drink, and I had a drink. We left at closing time. It is 300 yards to the prisoners' place. I was standing for an hour or more talking. I did not know there were any children till they had knocked me down. My statement at the police court it not accurate. I deny that I went back with the female prisoner to have connection with her, or that I did have connection with her. I deny that I went into the front room. I felt the woman's hand in my pocket, I did not see her.
To Jessie Garwood. I deny having connection with you in the front room, and that I gave you 2s.; I deny that I gave you any money.
ALFRED COOK , police-constable. On Hay 6, about half past' one, I was on duty in Scovell Road, when the prosecutor was thrown out of a doorway in Queen's Buildings, and his hat After him. He made a complaint to me. I saw the female prisoner coming out of a block further down in Scovell Road, and took her to the station.
Cross-examined. Prosecutor was not drunk, but he had been drinking. He was quite sober when I saw him.
HENRY PAINE , police-constable 309 M. At 1.40 a.m., on then 6th inst., in consequence of information, I went to Queen's Buildings with two other officers; it is a two-roomed tenement I found Garwood and McClennan inside. I told Garwood I should arrest him for assaulting prosecutor, and thieving from his person. When he was charged he said to prosecutor, "You say you lost 29s.?" I searched him and found in his jacket pocket a sovereign, and in his trousers pocket a florin, one shilling, two sixpences, and 101/2 d. In coppers, and a number of obscene prints. The sovereign is the one produced.
Cross-examined. All these buildings are houses of ill-fame. I do not suggest that there is anything known against Garwood. I have been for five years in the force; I cannot say that I know the difference between an assault and stealing and a charge of robbery with violence.
CHARLES STEEL , police-constable, 62 M. On May 6, at 1.40 a.m., I went to Queen's Buildings. The door was opened by Garwood, and I found McClennan concealed in the corner, kneeling down, the gas being extinguished. I told him that I should arrest him for being concerned with others in assaulting and robbing prosecutor. He said, "I know nothing about it. I only came in here for a drink." I did not search him.
----HORNGOLD. police-inspector, M Division. I was in charge of the police-station on May 6. At quarter to two on Sunday morning the prisoners were brought in and the prosecutor was present. He said, "About quarter past eleven last night I met them in the 'Horseshoe' in Newington Causeway and I drank with them, and at closing time they invited me home to their house. They said they were going to have a sing-song. After some little time Garwood struck me on the nose and knocked me across the bed, and the second man struck me too. The woman felt in my pockets and took my money." He was not sure about the exact amount, but thought it was about £1 9s. 9d. I asked him to describe the coins which he had, and he said a sovereign, 2s., Is., several sixpences, and a good many coppers. On searching Garwood we found a sovereign, a florin, a shilling, two sixpences, and 101/2 d. In coppers; on McClennan there were two sixpences, and the woman had 31/2 d. Prosecutor said the sovereign was rather dark-coloured and this is a dark-coloured sovereign.
Cross-examined. Prosecutor gave a very clear account of what happened. Garwood said this was money he was paid for his work. There is no previous conviction against him.
(Evidence for the defence.)
THOMAS GARWOOD (prisoner, on oath). I have been married for 17 years, and I have two children living. I occupy two rooms. The street door opens into the front room, and there is a door into the back room. There is a bed in the front room opposite the middle door and a bed in the other room. My two boys sleep in the back room, my wife and I in the front. I am 46 and am a fruiterer and greengrocer, and I have been in constant employment since I was apprenticed at 14. My wages vary from 35s. to over £1. At present I am hawking Covent Garden flowers. There has been no suggestion against me till now. On the Saturday evening I went out and met McClennan and we had drinks. He said he was going to meet his nephew at the South London Music Hall. We went for a stroll and met him at half-past eleven. We walked from London Road to Southwark Bridge Road and had a drink at the "Sportsman." We walked to the Borough Road and called at the "White Hart" at five minutes to twelve. We got home about quarter past
twelve. We went through the front room to the kitchen, McClennan and I only. In a few minutes my wife came in and said, "I want to go out and get some eggs." She was gone five or six minutes. I heard two voices. I looked through a crack in the door and saw the prosecutor and my wife on the bed. In a few minutes in came the prosecutor and said, "I have lost a sovereign." I said, "I don't know anything about your sovereign." He said, "Before I go out of this house there will be ructions; I will smash everything in the house." He took up a chair and said, "I will smash your brains out." I wrenched the chair away, and at the same time I hit him. I caught hold of his collar and opened the door and pushed him out. When I looked on the bed I happened to find a sovereign on it and two pennies. Presently there was a knock and three constables; entered and charged us with assault. I said I was protecting myself. At the police-station I saw my wife. I was not aware she was there. I knew my wife was a prostitute and so do the police. I was told that while I was away at Southend my wife was carrying on with somebody. I said, "Is that your garne? If you are doing it for pleasure you will have to do it to keep yourself—instead of turning you out into the street keep as you are," and ever since I have paid half the rent and half the keep of the children and she keeps herself. I never assaulted this man, and I had nothing to do with stealing his money.
Cross-examined. McClennan lives in the same block. Nobody was at home when I got there but the two boys a-bed. Presently my wife went out to get boiled eggs for supper. Then I heard two voices, and I looked through the hole in the door, and I saw them having connection. I did not say a word. Prosecutor came from the front room into the back room where I was sitting. He said, "I will smash every bit of furniture." I took hold of his collar and put him out. Ten minutes afterwards I searched the room because he said he had lost a sovereign. I did not tell the police I had found the sovereign—they never asked me. If he had asked for it he could have had it. I did not see my wife after prosecutor had had connection with her till I saw her at the station. I do not remember McClennan saying at the police-station that my wife came into the back room and deposited 2s. and a shilling on the table. If he said so, I did not hear it. I never saw her come in; if he did I did not.
To the Jury. I deny meeting the prosecutor in the public-house. I have never been in his company. I was at the "White Hart."
THOMAS MCCLENNAN (prisoner, on oath). At half past nine on this Saturday evening I met Garwood and we had drinks at the "Sportsman." We stopped till 11.20, and I went to the South London Music Hall and met my nephew, and we went
buck to the same public-house. Then we went to Garwoods, and his wife said she was going out to get eggs for supper. She was gone ten minutes. When she came back I heard a mans voice. In ten minutes Mrs. Garwood came out, and put a 2s. piece, a shilling, a sixpence, and some coppers on the table. She went back to the room, and there were some high words. The man came in and said, "I have lost a sovereign, and if I don't get it there will be trouble." Garwood said, "Have I taken your sovereign?" He said, "No, but no doubt you know something about it," and he took up a chair. Garwood struck him "and put him outside. The policeman came in and charged me. Prosecutor is lying when he says I was drinking with him in a public-house. Why he should say that I do not know except to screen himself. I never spoke to the man in my life. We were not in the public-house. My nephew is here; I was in his company at the time.
Cross-examined. While we were in the room Garwood went to the door and seemed to be listening with his head up against the door. He did not tell me anything. I don't suppose the woman would have brought anybody if she had known I was there. If his wife came into the room Garwood must have seen her come in. I say she did come in. She did not say anything, and went out again. Garwood never told me he found the sovereign.
To the Jury. The money was put on the table by Mrs. Garwood. I don't know who picked it up. I did not pay any particular attention to it.
To the Judge. She threw them down, and I could see the coins plains enough.
WILLIAM DITHER . To the Judge. I am 16, and at work. Prisoner McClennan is my uncle. I live with him. I came out of the South London Music Hall at 10 past 11, and my uncle met me. He stopped with me till five past 12, and came upstairs with me. It was after closing time. I went home with my uncle, and left Garwood at the top of Scovell Road. It was five past 12. After I came from the theatre my uncle and Garwood went into the "Sportsman," in Winchester Street. They stopped there till 10 to 12. Then Garwood went into the "White Hart" for some beer in a can.
Verdict, Not guilty.
FOURTH COURT; Saturday, May 26.
(Before Judge Rentoul.)
Mr. W. B. Campbell prosecuted; Mr. Abinger defended.
Mrs. HENRIETTA FUSCHS , NO. 4 Flat, Cleveland Mansions, Brixton. I have known prisoner for two years. In March, 1905, I was in service at Clifton Gardens, Maida Vale, and had some furniture of my own. Prisoner effected a fire insurance for me with the Scottish County and Mercantile Insurance Company. In December, being about to change my address, I wrote to prisoner and he called, and I told him I wanted him to transfer the address of the policy. He said he would, and that the premium was 5s., because it was one year and three months. I paid it, and received a receipt dated January 17, 1906 (produced). In March I received a letter from the insurance company asking for the fire insurance money. I saw prisoner, and showed him the letter, and he said it was all right; he would look into it. I did not see him again till he was at the police court.
Cross-examined. When I was at Clifton Gardens I was housekeeper to the Baron and Baroness Langford, and my husband was superintendent at the Trocadero. Prisoner insured my husband's life last year in the Gresham Company for £1,000, and he pays £14 8s. 9d. quarterly. I am quite satisfied with what he did. He drew my husband's will as a friend. Mr. Duggan brought me here. I left the Baroness's employment in December because I was ill, and I wrote to prisoner to find me a house. I wanted to take in lodgers. He submitted a house in Albany Street at £80 a year. The Scottish County and Mercantile Company have received my 5s.; I do not complain.
Re-examined. It was on January 17, 1906, prisoner undertook to note the change of address on the policy. At that time I had moved from Clifton Villas to my present address at Brixton, and it was my present address I asked him to note on my policy.
CHARLES KEEVILL , manager, Scottish County and Mercantile Insurance Company. In February, 1903, prisoner was appointed agent of my company. On November 23, 1905, we wrote the letter produced, stating that on account of irregularities in his agency the company cancelled the agency. Prisoner came to our office on May 2, bringing with him Mrs. Fusch's policy and 5s. I told him I could not give a receipt for it on account of the proceedings pending. The 5s. and the policy remain at the office.
Cross-examined. Prisoner's remuneration was the ordinary agency commission, 15 per cent, for fire insurance. On 5s. he would get 9d. There is a policy on Mr. Fuschs's life for £200. I did not know prisoner had worked for the Gresham Life or the Union or the Ocean Insurance Company. They are all good offices. I did know he represented the London and Lancashire because he stated so in the application form, to us. I deny that prisoner complained that we were depriving him of
renewal commissions by sending the original application direct from the office. A man who was insured through the prisoner came to us and said he wanted an increase in the amount of his policy, and we had instructed prisoner to do so, but ho not hearing any more came to our office to know why he had not had his new policy. I cannot say I like insuring aliens. "Aliens" is a very wide term. Claims not settled by the company go to arbitration.
MAX PIENTKA , tailor, 2, Westmoreland Street, Marylebone. On January 31 this year I was at 23, Woodstock Street, Oxford Street, and prisoner called on me. He asked me if I would like to be insured, and said he was agent of a fire insurance company. I told him to call later, and on February 2 he called again, and I said I would insure. He asked me if I would like to insure higher than £100. I said that was sufficient for me, and then I handed him 2s. 6d. He asked me if I was a Jew, because the first Scotch company don't take any Jews. He gave me the receipt fur the 2s. 6d. produced. I don't know what the letters "s.t.a." mean on the receipt. He told me I was insured from that day, and I would get a policy in four weeks, but I never received the policy. He did not call again.
Cross-examined. I came from Ober Schleswig, Germany, near Breslau; I have been here four years. I have just started business on my own account. I worked for Fenwick in Bond Street. I know Schubert, but he did not introduce me to prisoner. I was working in the workshop and prisoner knocked at my door. He did not say "s.t.a." meant "subject to acceptance." I wanted to insure my workshop. There was a tailoring machine in it and four ladies' costumes, 16 yards of silk, and two tables. My rent was 4s. a week. I was sleeping at 24, Foley Street, Great Portland Street. The 2s. 6d. was returned to me on May 17, and prisoner wrote me a letter stating that the Premier Insurance Company would not take the insurance. I do not know that he has been applying to a number of companies to take the risk. I have not got any other company to insure me. I have not tried to.
Mrs. MEMME ZAHLMANN (wife of R. Zahlmann, 27, Whitcomb Street). I was at a friend's house, 109, Wardour Street, on February 27, between five and six o'clock, and my friend was out when prisoner called and said he was an insurance agent, and asked if I wanted my goods insured. I said it was my friend's house, but I said I want my place insured. I told him it was Whitcomb Street. He said he came from a good company, the Guardian Fire Insurance Office, in Chancery Lane. I said, "Is it a good company?" He said, "Yes; I have been there a very long time." He came and saw my furniture. He said, "You have got very good furniture, and I will insure
it for 2s. 6d. for £100." I gave him 2s. 6d., and he gave me the receipt: "Received from Richard Zahlmann, the sum of 2s. 6d., premium on £100 fire insurance, s.t.a., M. Keenan, 183, Chapter Road, Willesden." He said I was insured from tonight on, and that he would send me the policy in a month. I did not get the policy. On April 20 I saw prisoner in Tottenham Court Road. He said, "Good evening, madam; you don't recognise me. I met you in the twopenny tube." I said, "I recognise you for the 2s. 6d. you took from me." I said, "You return me the 2s. 6d. or I give you in charge." He walked away and I went after him and spoke to a policeman, and he arrested him.
Cross-examined. I came from Germany five years ago, and my husband is a hairdresser. He came at the same time. I have two rooms on first floor and I pay 12s. a week for them. Schwartzenberg (hairdresser) is my landlord. I have been five years in Whitcomb Street. I bought my furniture as I could afford it for cash, not all at once. In the sitting-room are three tables, couch, two large arm-chairs, six small chain, wardrobe, and cupboard. I would not part with it for £100. I deny that prisoner said it was difficult to insure barbers and more difficult to insure foreign barbers. I called my landlord to know if the Guardian was all right. I have been insured in the London and Globe since. I have not had my 2s. 6d. back from prisoner.
To Mr. Campbell. I swear that since then I have been insured by the London and Globe for £100 at 2s. 6d.
MARK SCHWARTZENBERG , hairdresser, 27, Whitcomb Street. On February 23 Mrs. Zahlmann called me up and I saw prisoner writing out a receipt for 2s. 6d., and I asked him what society he represented. He told me the society but I have forgotten it. I think he said it was in Chancery Lane, I asked him when the policy would come, and he said in a month from February 23.
Cross-examined. I come from Warsaw, and I have been insured for 18 years. The agent did not say it was difficult to effect insurance over foreign barbers' shops.
LEWIN LONGHURST , police-constable, 43 DR. At nine o'clock on April 20 I was on duty in Tottenham Court Road and the prisoner was given in custody by Mrs. Zahlmann on the charge of stealing 2s. 6d. from her. I took him to Vine Street.
Cross-examined. Mrs. Zahlmann was excited. She was walking along, the street following the prisoner.
THOMAS DUGGAN , detective-sergeant, C Division. At 10.45 p.m. on April 20 prisoner was brought to Vine Street. I told him that he would be charged with obtaining 2s. 6d. by false pretences from the prosecutrix. I asked the prosecutrix to state the name of the insurance company in which she thought
she was insured and she said the Guardian Insurance Company, Chancery Lane. He said, "I deny that; there is no Guardian Insurance in Chancery Lane." I asked him what company he proposed the business to and he said the County, Piccadilly. I asked him if he could refer me to any particular clerk and he said he could not. I asked him when, and he said three or four days after she gave him the 2s. 6d. In answer to the charge he said. "Yes. In his possession I found this receiptbook (produced). I said to prisoner that some of the counterfoils had been destroyed, and he said the children at home had done it. He was let out on bail while the investigation proceeded before the magistrate.
Cross-examined. I have made inquiries about the prisoner. He was employed at the Prudential from 1881 to 1899. I saw Mr. Kimber, clerk in the Audit Life Department. He said prisoner was employed by them as an agent from July, 1881, to November, 1899, when he was dismissed for serious discrepancies in his accounts, and that he was still indebted to his company in £200. I have also seen the secretary of the Scottish Union Insurance Company, and at the Gresham Company saw Mr. Caviadeno. He said he had known prisoner for some years and always looked on him as respectable and honest; and further that he came back into his employ as part time agent for the past two years, which agency is now cancelled. I have no reason to believe he has been in charge before. I did not see the manager of the Prudential.
Re-examined. I saw the secretary of the National Union, 65, Gresham Street; he said prisoner was appointed agent December 8, 1900, but he only did business to the extent of £5, and he still owes the company money, but they have wiped it off as a bad debt. I have seen the chief clerk of the Union Insurance Company. He said prisoner was appointed agent for them on September 22, 1903, on a 15 per cent, commission, but owing to the class of business he offered they declined to accept it. and he resigned July 4, 1904. I have seen the cashier of the Royal London Friendly Society; he said in December last Keenan took up a spare time appointment. Little business was done, but what he did was correct, and accounts were rendered in due course.
Cross-examined. I said at the police court we do not care for insuring aliens as a rule because of the moral hazard, but I wish to qualify it. Some aliens we insure and some we do not.
REUBEN DORAN , brass finisher, 18, Bolsover Street. I originally came from Marylebone, not Germany. On February 24 prisoner called, saying he was an insurance agent, and asked if I wished to insure my furniture. I said I did, and he said it would be 2s. 6d. for £100. He said he represented the Pearl Company. I gave him 2s. 6d. and received the receipt. The policy was promised in four weeks, but I did not receive it.
Cross-examined. I had the 2s. 6d. back, and a copy of a letter from the insurance company refusing to take the risk. I did not say I was going to get a new piano and a new suite of furniture. I had a piano, for which I gave £5. Prisoner did not mention the Premier Company.
FRANK SCHUBERT , journeyman tailor, 70, Warren Street, Tottenham Court Road. I carry on business at 73, Woodstock Street, and I remember on February 23 this year prisoner called on me and said he was an insurance agent, and asked if I would not like to be insured, it was only a matter of 2s. 6d. He called twice or three times, and on March 10 I paid him 2s. 6d., and I had a receipt. He said I should get the policy in four weeks, but I did not. I have not had it at all. He said he represented either the Scotch or the Sun Office; I am. not quite sure which. I made inquiries afterwards of a journeyman tailor in the same house if he knew the Scotch Fire Company. It was one of the two and no others. When I gave him the 2s. 6d. I believed he had the authority of some fire insurance company to accept it.
(Evidence for the defence.)
MAURICE KEENAN (prisoner, on oath). I reside at 80, Churchhill Road, Willesden. I have been an insurance agent for 26 years. I have not had a charge against me in my life. I paid into the Prudential. £16,400. I was with that company for 20 years. When I left them they offered me the assistant superintendency. If a clerk said I left owing them £200 he would be dismissed for that answer. There is no truth in it; there is a balance due to me. They offered if I went back to them to give me a pension. I never heard about the Guardian Office till I came into court. I have done an excellent business with the Gresham Office—a high-class business. As to the Scottish Union, they authorised me to collect renewal premiums without sending me official receipts, and I had to give my own receipts, and before the expiration of the 15 days they sent
notices from the chief office to the policyholders, some of whom had paid me, and they felt what a scoundrel I must be for taking that money. I treated the company with the contempt they deserved. I ceased to do business with them because I did not think they were worthy of being represented. These five half-crowns (with the exception of Mrs. Zahlmann's) have been repaid, and when I was arrested on bail I tried to effect these policies, but the companies refused to accept them. I did not mention the Guardian Office to Mrs. Zahlmann. I told her that I should reserve the right to insure in any office that would take her. When she told me she was living over Schwartzenberg's I told her she was in a very dangerous position; I ran down and fetched the barber up, and he felt annoyed at the remark I had made. A great many insurance companies will not accept barbers at any price. Doran told me he was going to get a new piano, and I said we had better defer the insurance till he got it, and he was agreeable to that. I did not mention any office to Pientka; I have not done so in any of these cases; no office was mentioned, good, bad, or indifferent, because I did not know what office would insure them. I tried with several friends in the insurance business to get Mrs. Zahlmann accepted and could not. I asked her to bring me the receipt and I would pay her the 2s. 6d. When I met her in Tottenham Court Road I said, "Good evening, I am very sorry, I have not been able to effect your insurance," and she said, "You are a thief!"I did not take her for a lady walking up and down Tottenham Court Road. She said her landlord had told her the first time she met me in the street to give me in charge, and I told her if she brought me the receipt the next morning I would return the 2s. 6d. I had no intention of defrauding these people. These foreigners think that if you take 2s. 6d. you are going to rob them. I was agent for the Gresham, the London and Lancashire, the Union, and the Premier, but some of them have broken off connections with me on account of these proceedings.
Cross-examined. I had no intention of doing these people any harm. I deny mentioning the name of the company in any of these cases. It is absolutely untrue. I did not mention belonging to the first Scotch fire office, for there is no such office in existence. It is a fiction that I mentioned the Guardian Company to Mrs. Zahlmann. I don't remember mentioning any office in Chancery Lane. I deny mentioning the Pearl Office to Doran, for the Pearl is not a fire office. Doran is an intelligent man, but he did not ask me what office I represented, nor did any of the others. I should have put the name of the office in the receipt if I had mentioned it. I assert that the furniture of these people was not worth anything like £100. I have written across these receipts, "s.t.a.," which means "subject
to acceptance," and I received the money subject to being able to get the people assured where I could. The companies employ their surveyor; if he accepts that is their business. I don't say they are fraudulent proposals. In the majority of cases the furniture insured is not worth the amount it is insured for. Mrs. Fuschs paid me 5s. because she told me to have the policy altered from £200 to £250. She told me not to part with the money. It is true I did not pay Max Pientka's 2s. 6d. Into any office. It is no use taking 2s. 6d. to an office till they accept him. I have not been able to get anybody to accept him. I did promise Mrs. Zahlmann her policy in four weeks. It was not a fraudulent proposal; no insurance proposal is fraudulent, because if the fire happens the company only pay for what is there. I do not think I received 2s. 6d. from Mrs. Beresford for a policy of £100. The receipt produced is mine. I have not had time to effect the policy. I gave a receipt to Mrs. Curano on March 23; there has not been time to effect it. Mr. Lewis Delfosse gave me a shilling towards 2s. 6d. premium. I deny telling him. I represented the National Union. Six months after he paid me Is. 6d., and I had returned the 2s. 6d. before these proceedings began.
To the jury. I did not know before this that it was difficult to insure foreigners. I have had nothing to do with foreigners before; my connection has been with Englishmen.
CHARLES WILLIAMS , grocer. I have known prisoner since 1880, and I have always known him as a respectable man. I have insured my life with him twice, and I never heard anything suggested against his character. I have known him for 26 years and have recommended him to people recently, perlonal friends, and I have heard no complaints.
----JONES, laundryman, Cricklewood Lane. I have known prisoner for four years as an honest and straightforward man and have never heard anything against his character; he has lived for 20 years at the same address at Willesden.
Verdict, Guilty. Sentence, Three months' hard labour.
FOURTH COURT; Monday, May 28.
(Before Judge Rentoul.)
Mr. Symmons and Mr. Arnold Ward prosecuted; Mr. Stephen Lynch defended.
7, 1905. Petition filed by himself. The receiving order is the same date; the adjudication is dated November 16. The statement of affairs shows unsecured liabilities £1,040 1s. 8d., assets £406 2s. 6d., deficiency £690 1s. There are 52 unsecured creditors, most of them for trade goods. Mrs. James, Brooklands, is down for £180, money lent between March and October. In the statement of assets there is household furniture and effects at 11, Great Dargate Street, Aberystwyth, £6. Witness read parts of the public examination of the defendant, which was signed by defendant.
GEORGE BALDING , clerk to Hitchcock, Williams, and Co., 44, Paternoster Row, wholesale drapers. Defendant called on me on March 2, 1905, and told me he wanted to open an account with our firm, and also for them to act as reference house, that is when he wished to open credit accounts elsewhere he would refer them to us as to capital and so on. I produce the form which was filled up. I wrote down the answers of the defendant. "Previous experience, 16 years with Mr. Howell. Commenced business March, 1905, capital £200, own £100, borrowed £100 by means of overdraft at bank for which J. James. Barmouth, is security without counter security. Furniture £300, insured for. Confirmatory reference, National Provincial Bank, Aberystwyth; will give cheque for to-day's purchases. March 2, 1905." I read it to him and he signed it. We did not open an account as we were not satisfied.
Cross-examined. I represent the country department. This is the common form. We do not ask whether he is married or otherwise. It is immaterial to us; it is the capital we want to know, and we want to know his references to confirm that capital. We should not open an account without inquiry of his references.
Cross-examined by Mr. Lynch. That is on the report of the trustee, Mr. Page. I could not say whether his firm are the accountants to Bradbury, Greatorex. and Co. Mrs. James appears in the statement of affairs for £180 in respect of two sums of £100 and £60. Messrs. Bradbury's proof is admitted for £179 4s. 7d. It appears from the examination that defendant's cheque for £55 was dishonoured, and they put an execution in the house, which was paid out.
CHARLES JAMES GISBY , ledger clerk to Bradbury, Greatorex and Co., 6, Aldermanbury, wholesale drapers. I produce the ledger relating to defendant's account, and with the exception of our credit entry the entries are in my handwriting. Total amount of goods supplied £299 4s. 7d., credits £125 6s., balance £173 18s. 7d. unpaid. We have recovered the £50 guarantee. It does not show cash sales.
Cross-examined. Mr. Bomford is the gentleman to see country clients. The account was opened with Mr. Jones on March 4, and on that date he is debited with goods £27 6s. 4d. The £10 on March 8 was a ready money transaction. I do not think the £50 in respect of the guarantee will come off the £173 18s. 7d., but I admit that we called on Mr. James to pay under his guarantee, we returned it, and he paid in the £50. I believe the £50 will stand against ultimate loss. On September 27 my firm issued a writ for £51, and recovered judgment, but Mr. Bomford has the conduct of the account. I have not heard that an execution was put in on the furniture and paid out.
ARTHUR HENRY BOMFORD , country accounts clerk to Bradbury, Greatorex, and Co. Defendant called on me on March 21 last year; he came to ask my firm to give him credit, and act as reference house. We should require a statement from a man who asked us to be a reference house, and we should pass that statement on to any houses who might be credited him. Before we consent to do that we always have this form filled up, "Name, J. T. Jones. Commenced business, March, 1901. New business. Amount of stock, none. Capital, own. Class of all liabilities, £210, £160 in cash, and £50 on loan to friends being called in. Ditto borrowed, from whom, none." Then, "20 years with David Howell. Has in addition household furniture valued £200, and refers to manager, National Provincial Bank, Aberystwyth. Exhibited pass book, £90 standing to his credit." I filled that form in from his answers; he read it over and signed it. In consequence of that I consented to be his house of reference, and gave him credit. The total value of the goods supplied by us was £299 4s. 7d. £125 6s. was paid in cash or returns, leaving a balance to £173 18s. 7d. These figures include a special line on March 9 of £3 9s. 7d. The May account was not paid in September, and we sued for the amount due, £51 15s. 6d. On October 5 defendant came and saw me personally. He showed me the pass-book with the National Provincial Bank, showing a credit balance of £40, but the three items on October 4 did not appear in the book when I saw it. It did not occur to me to ask if there were any items which had not come through. I understood there was at that time a balance of £40 in his favour. The amount claimed on the writ was £55. and he offered me a cheque in settlement of the debt and costs, and I pointed out that there was insufficient in the bank to meet it, and we did not want the cheque to come back. He said he had seen the bank manager, who agreed to give him a small overdraft if necessary, and I said should I not hold it over for a day to enable him to go back to Aberystwyth? He acquiesced in that, and the cheque was held over for one day. He wanted more goods on credit, to which I agreed up to A certain amount, I think £30, and I sent the goods on assuming the cheque would be met; otherwise he would not have had
them. We passed it to our solicitors, and they paid it in, and it came back, "Please re-present," and then, "Refer to drawer," and it was not paid. We got judgment on the writ, and issued execution, and the execution was paid out. In the account we have not credited that £51. We never had the money from the sheriff. He filed his petition before the money was payable to us. We have had the money on the guarantee, and that is to be allowed off, but not the execution money. We gave references to a number of persons who applied to us. They are all down in the list of unsecured creditors.
Cross-examined. On March 21 I knew he was coming, as our traveller wrote that he was coming. We knew he was manager to D. Howell, of Aberystwyth, for a great many years. I asked if he was married, and we had a general conversation. When I asked him about his capital he showed me the pass-book, and I cross-examined him as to it. I do not know whether I noticed the fact of the discount of the bill with which the bank account starts. When I asked him what his capital was he said £210, £160 in bank and the £50 getting in from a friend. I knew the £100 bill would be debited to him at maturity. I did not ask whether it was a two months' or three months' bill. I could see that £71 6s. was to be deducted from £160, and that showed his position at that date. With regard to the £50 coming in from a friend. I understood it was a farmer who had had a bad time, and could not pay it then, but promised it a little later. He did not say his solicitor had written claiming £129. I know that Howell has given him a high character. I wrote to the bank manager at Aberystwyth, and I produce the answer, and there is a memorandum by one of our cashiers, "He is respectable, trustworthy, and is possessed of capital, but to what extent we are unaware; no occasion to inquire as to his means." I said at the Guildhall that when I recommended him for credit I was partly relying on the confirmation given by the bank manager, and the guarantee from Mr. James. Defendant came up on May 17. I never saw his ledger. He told me he was giving credit to substantial people, that he could get money from them at short notice. I told him he ought to curtail his credit and his banking. After judgment was got on the writ, I do not know that he said anything about a bad season. I know that a place like Aberystwith is dependent on visitors, but I do not remember his giving any explanation of the badness of trade. I saw his pass-book, and it was made up to October 2, and he told me the bank manager had promised to give him an overdraft. I know that was true. I said at the Guildhall that after this interview and after I knew his full position I allowed him to have £34 worth of goods.
Re-examined. At the time I first gave defendant credit I did not know that, apart from the bill, ho was £250 in debt, nor did I know that the whole of the £160 credited to him was
borrowed money. If I had known that would have affected my mind as to giving him credit. On October 15 I regarded him as having £40 at the bank. I did ask him about the entry of the bill, and at first he could not explain it. When I asked him how he became possessed of his capital he told me it had been on loan to friends and that this party owed him £100 and was not in a position to pay and they gave him a bill. I do not recollect defendant saying! anything about business being bad; his bank-book shows he was doing a good business.
DANIEL LLOYD LEWIS , manager of National Provincial Bank at Aberystwyth. I produce a certified copy of defendant's account. It was opened by a bill for £100, which was subsequently renewed. The next credit is a cheque for £60, and on March 20, "Pay W. P. James or order the sum of £60." On October 5 the account shows a balance of £1 3s. 10d., and I agreed to allow him an overdraft of £40. Cheque produced was presented for payment: "Pay Messrs. Bradbury and Co. £55. J. T. Jones, October 5, 1905," drawn on the National Provincial Bank. It was not paid on presentation. It was presented on the 9th and again on the 12th. It was never paid.
Cross-examined. When he arranged the overdraft he told me he was going to London to buy the winter's goods, and it was for that that he asked for the overdraft. At that time there was £45 to his credit. I asked him about his position, when he opened the account. I asked him about his furniture, and he said, "My wife has paid for it; but it is all the same." He regarded it as his own. He told me the insurance was in his name. I knew that he was opening business with this £100 promissory note. He did a wonderful business considering his premises—three or four upstairs rooms. He had no shop window. He is very well known, and stands well at Aberystwyth. He did not use the overdraft. When the cheque came in I did send for him, and he had not returned. If he had been there I should probably have met it or he would have paid in sufficient to cover it. I feel sure that if he had been at home the cheque would have been met.
To Mr. Symmons. He would have had to pay in £24 to meet it. I think it is a matter of very little importance who furniture belongs to in bankruptcy; it is of very little value.
To Mr. Lynch. After the cheque had been presented defendant Hid call at the bank, but I was at Lampeter. He paid various sums of money to his credit.
the defendant. I lent him the money to help him start in the business and have not had it back.
(Wednesday, May 30.) (Evidence for the defence.)
JOHN THOMAS JONES (prisoner, on oath). I was employed for 27 years by Mr. D. Howell, and for many years was his shop manager and foreman. I left him early last year to start in business in Aberystwyth, with the assistance of my wife, and I got the usual promises of support. Mr. Howell was very kind and gave me a very high testimonial, although I was going to start in opposition to him in the same street. The fittings cost about £50. My brother-in-law, a farmer, of the name of Stevens, owed me £129, but as it was statute barred it was agreed at £50. As a matter of fact, he has not paid it yet. Mr. James advanced me £60, and Mrs. James went with me on a joint promissory note for £100. That is the first entry in my bank-book. As Messrs. Bradbury avoid Mr. Howell, I, as manager, got to know their representative, and when he learnt I was going to start in business he requested me to go to his firm in London, and he was aware that I had been employed for a great many years by Mr. Howell. I saw Mr. Bomford on March 21, and I informed him where I was living. Nothing was said about the house, but as a fact I was the tenant and paid the rent and the rates, and I insured the furniture since 1896 for £300. It was insured in the Royal Exchange Insurance Company through their agent in Aberystwyth. The policy was transferred to Mr. Page, the trustee in bankruptcy. I had insured my brother-in-law's life. I do not know whether the trustee surrendered that policy. Mr. Bomford did not ask whether the furniture was mine or my wife's. He asked if there was furniture, and I said there was. I did not tell him the furniture was worth £300. I showed him my pass-book. At that date there had been altogether to my credit £160, and I had drawn against it to the amount of £71. He saw what I had in the bank at that time. The £210 mentioned by me was made up by the £50 of Mr. Stevens. On March 21 I believed he would pay that sum. He said he would not give me credit to the extent I wanted without a guarantee. He gave me a form to hand to the gentleman I suggested as guarantor for him to sign and return to them. It was their usual form of guarantee. In addition I gave him my bank reference, and I gave him the name and address of Mr. James, whom I proposed as guarantor. I sent it to Mr. James, and I wrote a letter to say I could not get sufficient goods to start business properly with unless I had a guarantee, and Mr. James sent the guarantee to him direct. After that
he sent me the goods I had selected. He made inquiries of the bank and some other inquiries. The cheques for £10 and £3 which do not appear in their account against me were job lots. I had bought some goods for about a month before I started business. I was selling from samples for three weeks before I opened business. When I received their summer goods circular I went up to town and saw Mr. Bomford and took my ledger to show him. He knew I had been giving credit. There would be over £300 credit appearing in my books. He gave me advice which I did not follow, not to give further credit. I showed him my ledger and my bankbook. The trustee has realised a good deal of the book debts since my bankruptcy. On June 6 I paid them £40. That would be about the time I gave that cheque and bought some goods. My trade was largely dependent on visitors. The end of August and September were very wet, and they are generally our best months. The people who were on my books were tradesmen in and around the town, people who are dependent on the season. On September 21 a writ was issued against me, and judgment and execution followed. On October 5 I went to London and saw Mr. Bomford again. At that time I should be buying the winter's goods. I went in to see the bank manager, Lewis, and at that time I had only £45 in the bank. I believe I saw Mr. Lewis on the 3rd and arranged an overdraft. When I saw Bomford he warned me about giving credit, and I showed him my bankbook. I also told him there was quite £300 on my books, and I had great difficulty in getting them in, and I was going to press for them when I got home. He asked if I was sure the cheque would be met, and it was arranged that it would be as well to hold it over a day or two so as to enable me to get home when there would be no doubt about it. In addition to the money in the bank there would be money at my place of business. When I gave the cheque I honestly believed that if it had been presented when I got back it would have been met. When Mr. Lewis promised me the overdraft I believed it would be placed to my credit. I learnt that Mr. Lewis had sent round for me, and I went to the bank on the Tuesday, but Mr. Lewis was away, and I could not see him. I believe I had enough money to pay into the bank with the overdraft to meet everything, and if I was short I am sure I could have appealed to my people that owed me money. They issued a writ and put the sheriff in a week afterwards. I paid him out; that was the debt of £51 and costs of execution and sheriff's fees. The sheriff did not sell any portion of the goods. It got about that I had the bailiffs in. They are always watching the bailiff—the "Black Prince," as he is called. I realised that Bomford was right, that I ought not to have given credit. I was hoping to go on till Bradbury's served me with a writ for the balance that they had promised to wait till February for. If I had sold my stock
in the ordinary way I should have had enough to pay everybody. Stock sold at a forced sale is sacrificed. Apart from the loans, I was perfectly solvent. Bradburys had proved as the largest creditors for £171, and their accountant, Mr. Page, was appointed trustee. They appointed counsel to cross-examine me as to my affairs. I gave up every scrap of property. I left myself nothing but my character. The mayor is a draper in a similar business to myself, and has offered mo a situation if I can return.
Cross-examined. I did not know whether I was solvent or insolvent when I started this business. I know now that I was not. It appears I owed £300 apart from the £160. I repaid £231 that I owed. I signed the statement produced, "Repayment of loans obtained before commencing business, £231." I have spent between March and November £235 for keeping my wife and family and assistants in the business. "Loss on speculations" relates to losses in betting during last year. The statement to Hitchcock and Williams was true as far as I knew. When I said, "Own capital, £100," I meant owing to me—a statute barred debt, owing 13 years ago. I never agreed it at £50; they promised to pay me £50 to help me start business with. I thought I owed not £300 but £150, but I did not consider that when I was starting business. I was only speaking about business then because they had waited patiently, and I was hoping they would wait till I got on. and I could pay them gradually. I thought the furniture would cover that £150. I considered I had furniture then. "Furniture insured for £300" means my furniture. I considered that what belonged to my wife belonged to me. I did not take care the creditors should not get it; it was my wife and her solicitor. I considered it mine then; I insured it, and the house was in my name. Referring to the written statement to Bradbury's, "capital own clear of all liabilities, £210," I am not responsible for the wording of that statement. I meant to say I had £210 to start business with. I considered at the time that it was clear of all liabilities; I do not consider so now. It was true when I made it as far as I knew. It was read over to me and I signed it. I showed my bank-book. There was nothing in it, I admit, to show I owed £300. I deny I got credit on the strength of that statement. It might have been partly. I admit it was signed to see whether they would give me credit. The statements were true at the time as far as I knew. My bank-book on October 5, when I saw Bomford and gave him the £55 cheque, showed a credit balance of £45, but I had drawn cheques amounting to £44 4s. 6d. before I saw him. I did not remember their exact amount when I saw him. I thought they were for £30 or £35. I got back to Aberystwyth late on Saturday or Sunday morning. I was busy on the Monday and did not go to the bank. I went
on the next day, and the manager was away. I did not ask about the cheque. I thought it would be all right. They told me there were some cheques gone back. I did not ask whether it was this cheque. I did not know it was re-presented. The manager had withdrawn the overdraft. I took £10 on Tuesday, and I could have found more if it had been urgent. I obtained credit from a number of other houses besides Bradbury's on the strength of their reference, and I regarded my statement as a fair, honest statement at the time. If I had known what I know now I could not have said the same about my furniture. There is £1,000 of unsecured creditors. Mrs. James has not had her £100 back nor Mr. James his £60. I did not pick out £231 of debts to repay. They pressed me, and I expected they would wait for years. I did not mislead Mrs. James wilfully. What I stated at the time I believed would come true. These statements I made were hot correct, but I thought they were. My salary at Mr. Howells was £2 10s. a week.
To Mr. Lynch. I had not anything to do with the accounts at Ho well's. I was a salesman. The cheque for £55 is endorsed, "Please re-present," so that the manager had the intention of meeting if. Mr. Bomford put down in the statement what he thought was the effect of my answers. He wanted to know how much I was starting with, and Mrs. James's £100 and Mr. James's £60 were given to me for the purpose of the business. [The witness handed in testimonials to character from the High Sheriff and Mayor of Aberystwyth, the Coroner, and from others.] The letter written by my solicitor to Mr. Stevens on December 18, 1904, was before I had left Howell's and before I had thought of starting in business. Verdict, Not guilty.
OLD COURT; Tuesday, May 29.
(Before the Recorder.)
WHITE, William (43, butcher), alias Scott. Uttering a certain forged hackney carriage license, and unlawfully, knowingly, and without lawful excuse, possessing a certain forged license and ticket, knowing the same to be forged (6 and 7 Vic, c 86).
Mr. R. D. Muir and Mr. Leycester prosecuted.
from the date of issue. On May 9 I saw the prisoner driving a hansom cab in Parliament Square. I could not see his badge, so stopped him and asked him if he had one. He said, "Yes, here it is," and produced a badge, No. 13989, from his breast pocket. I saw it had been altered, three of the figures being painted over. I asked him what he had been doing with it. Ho said, "Nothing; it is the same as it was issued to me." I asked his name. He said Edwin Reilly, 15, Over Place, Lambeth. I took him to Scotland Yard, and Inspector Blagdon searched the register for that number. Prisoner was charged with driving without a license. He made no reply.
Cross-examined. Prisoner said, "It is the same as it was issued to me."
ARTHUR BLAGDON , inspector, Scotland Yard. I searched the register for the No. 13989, and said to prisoner, "Where did you get this badge from?" He said, "A man gave it to me named Reilly." Up to that time be bad given the name of Reilly. I said, "This was issued to a man named Lee. Do you know him?" He said, "No, I do not." He was then charged with unlawfully acting as driver. He said he was refused a license nine or ten years ago. He gave the name of William White when charged, of 15, Over Road, Lambeth, and said, "It is no good, I have never been licensed." I told him be would be further charged with altering the license and forging the metal ticket. He said, "They are just the same as they were given to me. I have not touched them." Immediately after prisoner's arrest I had a communication from Mr. Davey, and on my seeing him he produced prisoner's license. He seems to have been employed by a Mr. Ardwick and. then by Mr. Hankin, and on May 8 he entered the service of John Davey. The license is in the name of Rioley now. It was originally issued on August 5, 1905, to Henry Samuel Prole, of la, St. James Grove, and has been altered to 41, St. James Grove Road. The number on the top, 16578. was originally 15878. Prisoner was afterwards recognised as a man named Scott. Scott was a licensed driver and owner up to 1896, and in that year both drivers and owners' licenses were both refused him. In 1900 he was granted a stage driver's license, with a caution. That was refused in 1902. In 1905 he applied for a cabdriver's license, and that was refused.
Cross-examined. It may be that prisoner's father was not married, and he took the name of his mother.
EDWARD STEPTOE , inspector of public carriages, New Scotland Yard. I know prisoner as William Henry Scott. He was licensed in that name in 1902. There are 10 inspectors of public carriages at Scotland Yard.
Cross-examined. I know nothing whatever of prisoner being wrongly convicted of being worse for liquor in charge of a horse
and cart. He was licensed as William Henry Scott. He was convicted of being drunk in charge of a horse at Marylebone, and for that and other reasons he was refused a license.
EDWIN LEE , licensed cabdriver, No. 13,989, 22, Galton Street, Queen's Park. I have held badge produced, No. 13989, for 31 years. I have known prisoner since I lent him my license in the latter end of 1903, when I came into a legacy. I did not know his name, but I lent my license and badge to the prisoner. Unfortunately I went into the jewellery business and lost my money, and then I recovered my license and badge back in March, 1905, and have used it since regularly.
Inspector STEPTOE recalled. Lee's license was renewed in September, 1904. In the name of Lee, then of 42, Mildmay Street, Mildmay Park. He has registered the alteration of the address. On the renewal of a license the badge is produced at the police-station nearest to the residence of the applicant if he desires it sent there, end the license is handed over to him.
HENRY SAMUEL PROLE , licensed cab-driver, No. 15878, 1A, St. James Grove, Battersea Park Road. My license was renewed on August 5, 1905, handed to my cab proprietor, and it was lost by him. I applied to Scotland Yard and got a duplicate. The license produced I believe is mine; it has been altered from 1A, St. James's Grove, to 41, St. James's Grove Road, and the number to 16878.
JOHN DAVEY , Draco Street, Walworth, cab proprietor. On May 7 prisoner applied for employment. I told him to come the next morning, the 8th, when I engaged him. He gave me license produced. I afterwards noticed the license had been altered, and communicated with the police.
Prisoner's statement before the magistrate. "All that I wish to say with regard to the license is it was given to me by a man whose name was Reilly, and he said he was going to emigrate to Canada. I gave him 10s. for it. He gave me the badge as Well."
(Evidence for the defence.)
PRISONER, not on oath. I have been a cab proprietor for 17 years, and had my license revoked in 1896 through a wrong conviction. The Hackney Carriage Department took away my driving license and also my owner's license, and I had to put my business into my brother's name. It was made over by a solicitor, and shown to Mr. Steptoe, the inspector. The business continued five or six years, when we were turned out of the stables. I bad to go over to Kennington, and through the way I was reported by the police I had my license revoked.
by prisoner. I do not see any alteration in it. I am quite certain that was the name. It was not Prole. It was sold at a public-house at lunch time with the badge. I did not take notice of the number.
Cross-examined. I do not know the man prisoner bought from. I did not heal: any name. Prisoner showed me the license. I heard the man say he would sell it to him for 10s. I have known prisoner about 14 or 15 years. I do not know Lee. I did not know prisoner had been working with Lee's license. Prisoner did not say anything about that. I read the license because he showed it me. Prisoner said his wife and children were starving. I know they were very hard up.
Verdict, Guilty of knowingly and without lawful excuse having a forged license in his possession; recommended to mercy.
Convictions proved. January 4, 1894, fined 5s., drunk and disorderly, strictly cautioned; October 25, 1895, 10s. for cruelty to a horse; December 27, 1895, 40s. for being drunk and furious driving; January 2, 1896, 40s. for being drunk and 40s. assaulting the police. He was refused his hackney driver's license for that On April 17, 1902, arrested for threats, and bound over in £25 for six months. The Commissioner considers it a serious offence.
Sentence, One month's imprisonment, without hard labour.
THIRD COURT; Friday, May 25.
(Before the Common Serjeant.)
SIMONS, Harry Samuel (48, broker), and EVERHART, Franklin (52, broker) . Conspiring together to defraud such of His Majesty's subjects as should deal with a corporation called the Mining Securities and Investments Corporation, Limited, in the purchase of "Twelve per Cent. Preferred Treasury shares" in that corporation; attempting to obtain by false pretences from Eleonora Dangerfield and John Ottoway large sums of money, with intent to defraud; forging and uttering certain writings with intent to defraud.
Mr. R. D. Muir and Mr. Forrest Fulton prosecuted; Mr. Robert Wallace, K.C., and Mr. Warburton defended Simons; Mr. Hugo Young, K.C., and Mr. Neilson defended Everhart.
REUBIN AUGUST , clerk to Chas. Hooper and Co., Limited, of Alderman's House, E.C., printers and lithographers. I produce an agreement signed by Everhart, dated November 16, 1905, under which he became tenant of my employers of four ground floor rooms in Alderman's House at £450 a year. In
February last Everhart gave us an order for a sketch of a share certificate. We submitted a sketch; it came back to us with certain alterations, and we made a second sketch; then we were instructed to make a plate and to engrave 200 copies from it, to be numbered from 224 upwards. This we did and delivered the certificates to Everhart. This (Ex. 12) is one that we engraved. It is a certificate, No. 224, of 12 per Cent. Preference Treasury shares in the Mining Securities and Investments Corporation, Limited. Later we prepared for Everhart a rubber stamp with the name of that company; also a braseplate, engraved "European Offices of La Chivia, Limited." I saw that plate afterwards put on the door at Alderman's House. We also supplied a number of prints and engravings of bills, letter paper, etc.
Cross-examined by Mr. Wallace. Simons gave no orders to my knowledge. The name "Simons," as secretary, was not on Ex. 2 nor on any of the certificates when they were delivered by us.
By Mr. Young. There was nothing unusual in our supply of these things if the company was an honest one. The tenancy agreement was for three years. The rooms were taken ready furnished; they had been let to other companies; I do not know whether any of the rubber stamps produced may have been left behind by former tenants.
HUBERT CHAS. PAGE , traveller to Hepburn and Co., Limited, engravers and printers, Panoras Lane, E.C. In December last Ex. 4 was left at our office; it is a certificate of 200 shares in the La Chivia Mining Company, Limited, signed A. J. Yeckel, president, and Daniel George, secretary. On instructions I received I went to 24, Basinghall Street, and saw Simons, and told him the estimate 'of the firm for engraving a plate similar to this certificate would be £10 15s. He said he wanted the work done quickly, and asked how long it would take; I told him about a week. I asked him, as he wanted the certificates in a hurry, why he did not get them from America; he said he wanted to get the scrip through very quickly, and that the officers were on the road over here, and they wanted delivery of the scrip. I told him we did not execute that class of business unless we had a reference; he said his bankers were the London and South-Western. I said I must have a written order, and he gave me one. The bank reference was satisfactory, and we proceeded to engrave the plate and printed off 250, numbered from 351 upwards. Ex. 6 is one of those certificates. All these, with counterfoils, were delivered at 24, Basinghall Street. The names of the president and secretary were left blank. We also prepared and delivered a seal.
ELEONORA DANGERFIELD , wife of George Dangerfield, 19, Wardour Street. I carry on business in the name of Mrs. Mertens. On February 19 I received certain documents of a company called the Mining Securities and Investments Corporation, a circular of that company referring to 12 per cent, investments and others in the envelope produced. There was a document giving the name of a number of American companies. I did not take notice of them really. I did not know how they came to be sent to me.
ETHELBERT MEISL , 29, Letchmere Road, Highgate, partner in the firm of Emery and Co., printers, 6, South Street, Finsbury. I received letter signed Harry S. Simons, of December 13, 1905, asking me to call at 24, Basinghall Street. I called there on December 14, and saw Simons. He gave me an order to print a pamphlet about beautifying people—an advertising book dealing with the complexion. My firm did that work. On January 19, 1906, I received a letter asking me to call again, which I did. Simons asked me if I could print the signatures on some shares in litho. I said we could do anything. To the best of my recollection he handed me one share certificate of La Chivia Mining Company, No. 424. He told me he expected some 250 share certificates from America, and asked me to make facsimiles of the signatures, and litho them on the 250 share certificates he expected from America. I took the certificate away and consulted my partner, and afterwards we consulted our solicitor. We thought it best not to do the job. On January 24 I saw Simons at Basinghall Street. I said, "We cannot undertake to finish this order; we must have the authorisation of those persons whose signatures are on the share, or of the company, or we might find ourselves in the dock at the Old Bailey." Simons said he was a director of the company, and had the seal of the company in his possession. I told him we should require a written order with the seal of the company on it. He said his typewriter was out at lunch, but he would get it and send it on. The same evening, at about four or five o'clock, I received letter produced, asking us to print 100 prospectuses and the signatures on 250 share certificates. When at the office he showed me a copy of the prospectus, and copy produced was subsequently mailed on to me. He told me he was a director of the company. I looked at the prospectus, and did not find his name. The letter I received purported to bear the seal of La Chivia Mining Company. We had the certificate, No. 424, in our possession. I compared the seal upon the original certificate with that upon the letter and found they differed; there are several discrepancies. I communicated with my partner and after consultation
with him and our solicitors we informed the police on Friday, January 20th. From that time in our communications with Simons we were acting under the instructions of the police. We made a transfer of the signature of Daniel George, the secretary of the La Ghivia Mining Company, and submitted it to Simons. It was purposely not a good transfer. I told Simons the certificate he had given us was not a good one for our work and it was difficult to make a good transfer. I think Everhart was there. On the 26th we had an appointment to meet Everhart the next day. That was the first time I saw him. Simons introduced him by his name on the 26th. Simons took out another certificate, No. 431, which I took away, and made three transfers, which I brought to Simons the next day. Simons selected one and told me to go on and do the job. He then gave me 250 share certificates, which appeared to have come from the States. We made a photograph of both the original signatures. No. 424 is one of those handed to me to print. I received letter of January 29, 1906, and called and saw Simons on that day. He said he only wanted 50 of the certificates printed; the others were to be sent back. On January 27 I noticed that there were two share certificates identical in number, and en the next occasion. I told Simons of it. We printed the signatures upon the certificates handed to me. I delivered the 50 except one, which I kept back and eventually handed to the police. Simons said Everhart was not satisfied with the proofs of the prospectus I had had printed, or something of that kind—that they were mot very satisfactorily done. I went to Alderman's House and showed Everhart a proof. I said the signatures would cost £2 15s., and that the cost of 200 or 500 would be nearly the same as 100. Simons asked me if I would bring the plate back. I told him they were all right—broken up and spoilt. At the time we printed the signatures the certificates were not sealed or filled up. They are now filled up, not to any person, but to bearer. The other shares in the book produced, which were delivered to me loose, were blank when I put on the signatures. The loose ones are now filled up with various amounts. When I received them they were not dated. They now bear date November 4, 1905.
Cross-examined by Mr. Wallace. This is the first time I have been engaged in a matter of this kind. I made a communication to the police on a Friday about January 24 before I had done any printing, except the medical book. I acted under their instructions throughout. I did not suggest to Simons to have these names put on the certificates. He gave me the instructions after I went to the police. I did not say to him I could have done them much better than the printer had done. Simons did not say that be was sending them over to New York, but that we could do them better and quicker than he
could get them back from New York. I was simply asked if I could put the signatures on the shares.
Cross-examined by Mr. Young. I did not see Everhart until I had received the order of January 24. I did not help Simons to do wrong. I did not know it was wrong. I was not quite sure. I refused to do anything before I had found out. I was not annoyed at Everhart's complaint about the printing. When I was before the magistrate I pointed out that there were duplicate numbers.
(Saturday, May 26.)
ETHELBERT MEISL , recalled, further cross-examined by Mr. Young. Everhart was present during my conversation with Simons about the plates being destroyed. I said so before the magistrate, although it does not appear on the depositions.
Re-examined. I knew nothing about these men until the end of last year. I considered that the suggestion about filling in signatures on share certificates was suspicions, and it was for the protection of my firm's reputation that I communicated with the police. I have no feeling of animosity against the prisoners.
AMY FLORENCE WELLS . On February 5 I entered the service of Everhart, at Alderman's House, as a typist, and continued there until his arrest. I was kept typing circulars and letters similar to those produced; they were posted by Masters, another clerk. I never saw any account books in the office. I never typed letters to the New York or Chicago offices of the company, or to Oklahoma. I typed the letter (produced) to George Stewart; the signature is in Everhart's writing; I also typed the "statement of assets," from a draft in Everhart's writing. I typed a number of letters to Irish priests; these were sent to people picked out by Everhart from a Catholic directory. I have seen Simons at Alderman's House; he called once or twice A week, and was shown into Everhart's private office.
Cross-examined. So far as I know, the business carried on was exactly like that of any other company office.
CLARA HARDING . In June I was engaged by Simons as a shorthand typist at 24, Basinghall Street, and remained with him till March 7. The receipt dated January 22 is signed by me; it is for a parcel; I do not know what the parcel contained. I have seen the seal and the numbering machine in the office, but have not seen them used. On January 25 I received another parcel. Both these were given to Simons. I know Everhart; he came to our office pretty frequently; he used to go into Simons's private room. The letter-book produced is the one we used. I typed this prospectus of La Chivia Company, and this of the "Mining Guarantee and Investment Company "; the latter was typed from a draft in Everhart's writing. Letters used to come mostly addressed to Simons, some to Everhart, some to
Mrs. Everhart, and some for a Mr. Seely, I think it was; Seety letters were always received by Simons.
Cross-examined by Mr. Wallace. Simons used to go away at different times. I cannot say whether he was away in November. There was no concealment about the letters and what in done in the office.
Cross-examined by Mr. Young. The title "Mining Guaranty and Investment Company" was afterwards altered to "Mining Securities and Investments Corporation "; the title was altered two or three times.
EDGAR BOWNS BARTER , cashier, London City and Midland Bank, Oxford Street branch. Simons had an account at my branch in the name of Henry or Harry Simons; the address he gave on opening the account was, G. W. Hotel, Paddington; it was afterwards altered to 24-26, Basinghall Street; that was About October, I think. The account was opened oil March 22 1905, with £500; the total amount paid in to credit during that year was £604 8s. 6d.; on March] 7 last there was a credit balance of £38 0s. 4d.; £35 was paid out just later, leaving a balance now to credit of £3 0s. 4d.
Cross-examined. Simons was introduced to us by a customer.
ARTHUR PEARCE ROSKRUGE , cashier, London City and Midland Bank, Cheapside branch. Simons had an account at my branch in the name of H. S. Simons, merchant, 24-26, Basinghall Street. It was opened on September 5,1905, with a cheque of £1,12117s., drawn upon us by the London and Paris Exchange; on December 19 there was a further credit of £207 9s. 6d., on January 6 £800, and on January 8 £496. On March 7 the account was still open, with a balance of £286 10s. 1d.; that has since been drawn out.
JOHN OTTO WAY , detective-inspector, City Police. I received a warrant on February 28 and arrested both prisoners on March 7. A communication was made to our department by Mr. Meisl and I saw that gentleman on January 30. He showed me the various documents he has spoken of in his evidence. I gave him certain directions as to the course he should pursue. On February 15 I wrote to the Mining Securities, Etc., Company in the name of George Stewart, of 29, Aberdare Road, Wood: ford, Essex, asking for particulars of the investments they had to offer. I received in reply one of their circulars and a form of subscription and a document setting out the names of various mining companies making enormous profits. On February 22 I called at Alderman's House and saw Everhart; I said I was the son-in-law of Mr. Stewart and that my father-in-law had asked me to call and ascertain a few more particulars about the company before he invested his money. Everhart said, "I am vice-president of the company and shall be pleased to give you any particulars you require." I asked to see the Articles
of Association and was handed a typewritten document bearing a gold seal. It was dated December 16, 1905, and signed Frank Bufano, William R. Seckman, and Ralph J. Hamer, and certified by "Royal B. Cushing, Commissioner of Deeds for the City of New York." I asked Everhart which state the company was registered in, and he said, "Oklahoma, with head offices in Oklahoma City." I asked what stock the company held. He said, "We hold many thousand shares," and he handed me a document headed, "Assets of the Company" [Ex. 49]. Among other items in that list were 50,000 shares in La Chivia, of the sterling value of £30,000; shares in the Index Mining Company, value £40.000; shares in Cripple Creek Gold Hock. Mining Company, £7,000; and others, making a total of £84,000. The document stated, "Against the above securities the directors of this company have authorised the issue of 20,000 dollars par value of preference shares." Everhart showed me five share certificates in La Chivia, signed by Daniel George, secretary, and J. J. Yeckel, president, each filled in for 10,000 shares to bearer; also a cutting from the "New York Herald "showing that the La Chivia 1-dollar shares were quoted at 3 dollars. He said they held 225,000 shares in the Mining Transportation and Trading Company, and showed me some certificates. He said they held three-fourths interest in the Bonanza King Mining Company, 400,000 shares in the Index Mining Company, and 34,900 shares in the Cripple Creek Company. I said, "I suppose you have more stock at your offices in America?" He said, "The whole of the stock you have inspected has been sent from our American offices. We have only commenced business in this country about three months, and the stock was sent in the interests of our new clients to prove that we hold it as stated in the prospectus." On February 23 I again called and saw Everhart. I said that Mr. Stewart had pointed out that some of the certificates were not made out in the company's name. Everhart replied, "They are endorsed and witnessed in blank, so that the company can transfer them if necessary." He pointed to the La Chivia certificate and said. "These do not require a transfer, as they are bearer shares; we bought them direct from the La Chivia Company." I arrested Everhart and Simons in London Wall on March 7 on the charge of conspiracy; they made no reply. Later in the day I saw them and showed them the five certificates in La Chivia, I said to Everhart, "I found these certificates in your safe at Alderman's House." He said, "Yes?" I said, "They are forgeries." He said, "If they are I do not know it" Simons turned to Everhart and said. "Say nothing." On searching Everhart I found on him a key which fitted the door of the office at Alderman's House and a key fitting the safe. On Simons I found a key of the office at 24, Basinghall Street and
of the strong room there. In the safe at Alderman's House I found 33 share certificates in La Chivia, made out for 77,100 shares; these are all forged. I also found the counterfoils perforated. The perforations and the sealing correspond with what would be made by the seal and the perforating machine also found there. I also found in the safe certificates for shares in the International Dash and Fender Machine Company to the amount of 1,299,340 dollars. The certificates show on their face that the capital stock of the company is 1,000,000 dollars only. I found also a number of rubber stamps; some of these may have been left in the office by former tenants. One of the stamps was just the signature, "F. Cranston Thomas ": this was the signature put upon the Index Company's certificates. I also found the letters I had written to the company in the name of Stewart, a batch of correspondence with Cushing and Cushing, of New York; a minute-book, books of certificates in the Mining Securities, Etc., Company, a draft prospectus, and correspondence between Everhart and Simons. I also found a key of a safe in the National Safe Deposit Company, 1, Queen Victoria Street, which was taken by Simons in the name of Joseph Clarke.
(Monday, May 28.)
GEORGE BEAUMONT BEEMAN , of the firm of Vivian, Gray, and Co., members of the London Stock Exchange. I have had considerable experience in the sale and purchase of shares in the Norfolk and Western Railway Company of America; at one time we were their agents. It is a company incorporated under the laws of the State of Virginia. I am well acquainted with the form of its share certificate. The seven documents (Ex. 89) purport to be certificates for 100 shares of 100 dollars each; they are not genuine certificates. This certificate produced, No. C. 18363 is a genuine certificate, bearing a cancellation mark. The company never issue certificates bearing the same number. One of the seven non-genuine certificates bears the same number as this. It is possible that anyone not intimately acquainted with the certificates might take these seven to be genuine. The real certificates have, according to the regulations of the New York stock Exchange, to be engraved, and they always bear the name of the printing company; that is missing in the forged certificates. Again, the Norfolk and Western Railway Company never issue perforated certificates; these are perforated; these appear to be lithographed, not engraved. I notice other differences also.
Cross-examined by Mr. Wallace. It is possible that an ordinary observer might be deceived and take these to be genuine certificates. I saw a newspaper account some time ago of certain
of these certificates having been forged; I think there were some prosecutions in America.
Inspector OTTOWAY, recalled and further examined. On March 7 I went to the office occupied by Simons, at 24, Basing hall Street; the name on the door was "Harry S. Simons." Taking the keys I had found upon Simons, I searched the office and the strong-room. I found the agreement, dated May 29, 1905, under which Simons took the rooms, at £80 a year rent In the strong-room I found 27 certificates in La Chivia, numbered 425-450. No. 431 is the one I saw in Mr. Meisl's possession. I found also a number of printed prospectuses of La. Chivia and a (perforating machine, and a number of letters from Everhart, in London, to Simons, in Paris. I also found a share certificate, No. 155, in the Cripple Creek Mining Company, and another, No. 229, in the Crown Mining Company. Other certificates of the same series in those companies were found at Everhart's office. A similar certificate was found in the safe at the National Safe Deposit. Under a search warrant I searched the safe there that had been taken by Simons. Among other things I found there a seal of the La Chivia Company, three plates from which the impressions of the La Chivia Mining certificates could be taken. There were no forged certificates found at Simons's office; they were found at Everhart's. office and at the National Safe Deposit. At the last named I found also seven certificates in the Norfolk and Western Railway Company (Ex. 89). They are certificates for 100 dollars each in the name of Thomas A. Harris; they are of the face value of 70,000 dollars; each has upon it a transfer at the back. I also found some copy letters from Simons to a Mr. Rostoe, of Paris, and some letters of Rostoe to Simons. In Simons's letter-book found at his office the name "Rostoe" is cut out of the index, and a number of pages are torn out; the copy letters I have just spoken of are evidently those torn out of this book. Inside the safe was a deed box; once of the keys I found at Everhart's office fits this box. Another key I found there bears the No. 3075, and is identified as the key that was handed to Simons when he took the safe in the name of Clarke.
The correspondence between Everhart and Cushing and Cushing, of New York, was then read. It appears that Everhart consulted Cushings as to the incorporation of a company in America, and, in the result, a company called the Mining Securities and Investments Corporation was incorporated under the laws of the State of Oklahoma. The articles provided that: "The principal office shall be in the city of Oklahoma and a branch office in the City of New York; the domiciliary office of this corporation shall be with Ralph J. Hamer, at Oklahoma City." The capital was $2,500,000 in 500,000 shares of $500 each, 300,000 to be preferred stock and 200,000 common stock.
The first meeting of the company was held in New York on January 8, 1906, present in person W. R. Seckmann and Frank Bufano, and by proxy Ralph J. Hamer. Bufano was appointed chairman and Seckmann secretary. The minute recorded that Hamer, Bufano, and Seckmann subscribed $1 each. This completed the formalities, and the company duly received a certificate of incorporation. Seckman, Bufano, and Hamer were elected directors. At another meeting Bufano was elected president, Hamer vice-president, 8. T. Bisbee second vice-president, and Seckmann secretary. At a third meeting the resignation of Hamer as a director was accepted; then the resignation of Seckmann, and then that of Bufano, and in each case "blank" was "unanimously elected." The three meetings were held on the same day. These minutes were sent over to Everhart by Cushing and Cushing, together with the articles of incorporation.
Cross-examined by Mr. Wallace. Until March 7, when I arrested Simons, I had had no conversation with him. I have not put in all the letters and papers I found in the possession of the prisoners; but prisoners' solicitors had had access to everything we found. I have made inquiries in America in connection with these companies, to Among other things, I inquired about a man named Halter; there is a charge of fraud against him over there; he has absconded, and is now wanted by the police. He was connected with a firm of Bergstrom and Co. Mr. Bergstrom appears on the prospectus of La Chivia as a director. Among the letters we found there were some from Bergstrom and Halter to Simons.
Cross-examined by Mr. Young. On January 30 I was shown by Meisl 250 certificates; before then I knew nothing of his having 250 certificates in his possession. I had heard that Simons had asked Meisl to facsimile the signatures of the secretary and president on the blank share certificates of La Chivia Mining Company. When I, in the name of Stewart, interviewed Everhart, I thoroughly understood that all the shares and securities from which I, the supposed investor, would derive benefit were those mentioned in the list he gave me. The Norfolk and Western Railway shares are not mentioned in that list; they were not shown to me, neither were the International Dash and Fender Company's shares. Everhart did not (put it to me that the company intended, as the public found the money, to deal in stocks and shares and make profit in that way. In the list he gave me the One Dollar Cripple Creek shares were put down as the value of ten cents.; the Northern Pacific shares and some of the others are also put down as of speculative value. Comparing the forged with the genuine La Chivia certificates, there is no doubt considerable resemblance between them. Besides the letter I have produced
I found no other correspondence between Everhart and Rostoe From the letters I found it is clear that for a few months correspondence about many different securities had been proceed ing between Simons and Rostoe.
Re-examined. I communicated with the New York police as to Bergstrom and Halter, and received certain information, and also a photograph of Halter. The total value of the genuine La Chivia certificates I found was 10,000 dollars. The word "bearer" on the certificates is in the same writing in all. and that is a different writing from the rest of the certificates.
(Tuesday, May 29.)
GABRIEL ASTOUL . I am a French advocate, and represent the French Government in this country in extradition cases. On February 10 a M. Jamer called on me; that morning I had received a letter from his principal. While Jamer was with me Simons called. I read over to Simons a draft receipt and asked him if he was prepared to sign it; he said Yes; I told my clerk to make a fair copy for signature; as he was beginning is Simons said he was in a hurry, and he would sign that paper in blank for my clerk to fill in afterwards. He signed his name, and I handed him the certificates mentioned in the receipt, and he went away. My clerk filled in the receipt; I had it stamped and gave it to Jamer. The document is an acknowledgment by Simons that he has received from J. L. Alexander Rostoe through Louis Jamer seven certificates each for 100 shares of 100 dollars in the common stock of the Norfolk and Western Railway, which certificates had been handed by him to Rostoe on January 3, 1906, in consideration of an agreement of that date, now cancelled. I believe the seven documents handed to me (Ex. 89) are those I handed over to Simons.
CHARLES ARTHUR WOODWARD , chief clerk to the National Safe Deposit Company. On February 12 a man came and engaged a safe, No. 4975; he gave his name as Joseph Clarke, of 6, Nottingham Terrace, York Gate, N.W., and gave a reference to H. Simons, 24. Basinghall Street. We referred to H. Simons, and had the following reply, "In reply to your favour regarding Mr. Joseph Clarke, he is known to us as a respectable, honourable gentleman, who fulfils all his engagements promptly." The two keys produced are the keys of the safe, and the deed box that is let with the safe; I gave them to this man. On April 27 at the Guildhall I saw a number of men placed in a row, and was asked to pick out the man who had rented the safe; I picked out Simons as a man I had seen before, but I could not be certain that he is the man who took the safe in the name of Clarke. Looking at the signature, "J. Clarke," on the application form, and the signature, "H. Simons" on the letter of reference, my opinion is that they are in the same writing.
DAVID GOW . I am head clerk to the English Association of American Bondholders, and have been in the service of that association for about 19 years. I have looked at the "list of assets" (Ex. 49). As a result of my investigations and of a letter from our New York agents, I find that all the securities named here axe worthless. I am familiar with American securities generally, and up in the books of reference; it is my business to know about these things.
Cross-examined by Mr. Wallace. We deal chiefly in American Railroad securities, but we have had mining shares in late years. If I were told that some one had 225,000 Northern Pacific Mining and Transportation and Trading Company, speculative value about ten cents., naturally I should not think that that suggested much value; same answer as to 30,000 shares in the Cripple Creek Gold Rock Mining Company.
Cross-examined by Mr. Young. We have not heard in our office anything about the International Dash and Fender Company.
To the Court. The Index Company has been absorbed into the Olympic Company; Index shares are worthless.
JOHN PHIL MOODY , assistant-secretary of the La Chivia Mining Company, of Denver, Colorado. The mines in which my company is interested are in the State of Oaxaca, in Mexico, but it is incorporated under the laws of Oklahoma, U.S. It has an authorised capital of 1,000,000 dollars; its head office is at 42, Jacobson Building, Denver; it has no other office, in the States or in Europe. In New York, Bergstrom and Co., brokers, act as our sales agents, and dispose of our stock there. John Jacob Yeckel is president of the company; Daniel George is secretary; there are seven directors in all. Simons is not and never has been a director. The seal of the company is kept at the head office in Denver; no other seal is authorised. The share certificates are signed by the president and secretary personally, and the stock has no value without those signatures; the signatures are never lithographed; it would not do if the two officers themselves lithographed them; they must be personal signatures. No one, in the States or here, has any authority to copy or imitate the signatures. Ex. 4 is a genuine certificate of my company; Ex. 6 is not a genuine certificate; it is filled up "to bearer." We never issue certificates to bearer. We issue them in blank for sale; when a share is sold it is sent with the money to the head office where the seal is kept, the transfer is then sealed and signed and registered on the books of the company. The certificates are valueless until they are paid for and registered. Simons's name does not appear in the books of the company as a shareholder. The prospectus handed to me is not a genuine prospectus; the list of assets mentioned in it is not correct, though it was at one
time; this is probably made up from an old prospectus. As to this plate "European Offices of the La Chivia Mining Company," no one had any authority to make or use such a plate; there is, in fact, no European office.
Cross-examined by Mr. Wallace. One of the Bergstroms was himself a director of La Chivia. The prospectus handed to me is not accurate in setting out the directors; one McNair. whose name is there, ceased to be a director last summer; there are others that are not given at all. The table of assets apparently is correct. I have been connected with the company since last fall, when it was reorganised, or, rather, when the control was practically sold to Mr. Yeckel. The batch of 10,000 certificates obtained by Simons from Yeckel are genuine in the sense that they have the seal of the company and the signature of the directors, but they are not complete shares, they fail to have any value whatever, because there is no registration sealed at the head office in respect of them. It is correct that if any name were filled in on the face of a certificate there would be nothing to indicate to an ordinary member of the public that anything was lacking. The brokers' term for the way in which this batch of shares was parted with is, placing stock on memoranda; I dare say 30,000 shares in all were issued in this way.
Cross-examined by Mr. Young;. We should not register anyone as the owner of a share until the money had been paid. No doubt, when these shares were handed to Simons on what you call "sale or return," the idea was that he should try and find purchasers for them. If any purchasers had sent one of the certificates to us we should not have registered him as owner unless the money came along at the same time.
To the Court. These 10,000 shares have never been paid for; until the company are paid for them the certificates are valueless.
ELEONOBA DANGERFIELD , recalled. The press copy letter produced is addressed to "Mrs. N. Mertens "; that is the name under which I carry on business; I do not remember receiving this letter. [The letter, dated February 19, 1906, and signed by Everhart, ran, "At the suggestion of Mr. Chas. Weiman I take the pleasure of handing you herewith one of the circulars of the corporation," etc.] I know no one of the name of Weiman or Weineman. I do not know Simons or Everhart. I do not know a Mr. Masters. [Photograph handed]. This is a photograph of a man I have seen once or twice; he was introduced to me as Charles Walker; I never had any business with him.
Inspector OTTO WAY , recalled. The photograph handed to last witness is of a man I know as Charles Weiman. In February I saw this man constantly with both defendants, and in March, while Simons was in Paris, I saw the man frequently with Everhart.
HARRY SAMUEL SIMONS (prisoner, on oath). I have been carrying on business at 24, Basinghall Street, since May, 1905. I have been in this country about 18 months; for the first eight months I resided at the Great Western Hotel, Paddington, then at 6, Nottingham Terrace. The seven certificates of the Norfolk and Western Railway Company (Ex. 89) were sent to me in the latter part of December, 1905, by a Mr. Davis from New York. I have no reason to suppose that they were forgeries, I have known Mr. Rostoe, of Paris, for the last twelve months. In December I was doing some business with him, and he asked if I had any securities. I went to Paris on January 1 and saw Rostoe, and showed him these seven certificates, and gave them to him as a loan for a consideration. About a week afterwards I read in the London papers that some of these bonds had been forged. I immediately sent the newspaper to Rostoe to call his attention to it; he had left for Spain; on his return in two or three weeks telegraphed to me to meet him at Calais, which I did. He told me that the bank with whom he had left those securities had told him to withdraw them, as they might be forgeries. He withdrew them, and sent them over to me by one of his clerks; we met at Astoul's office, and I gave a receipt for them and got them back. That was on a Saturday; on the Monday morning I put them in the National Safe Deposit safe. and there they remained. I did not attempt to deal with them in any way, directly or indirectly. I first made the acquaintance of Everhart in December, 1904. The articles of the Mining Securities, etc., Company were sent by Cushings, not to me, but to Everhart. The 10,000 shares in La Chivia were sent by Bergstroms, bankers and brokers, of New York, in the latter part of 1905, to my offices in London. Halter was a member of the firm of Bergstroms. I wrote to Bergstroms asking them to send me as many La Chivia shares as they could, as I wanted to interest myself in a concern called the Mining Securities and Investments Company, and intended to put those shares into that company as security for my share of the capital. They sent me these 10,000 certificates, with a letter instructing me to have the certificates and the seal made in this country, but to notify them when a sale was made. This letter was in the latter part of 1905. It was in my office, with the envelope in which the certificates came; I cannot account for its not being found by the police; it must have been there. I gave a signed order to Hepburns for the preparation of the certificates and the seal When Meisl came to my office the certificates had just come in from Hepburns and were on my table. I gave him an order in writing to have the names printed on the certificates. When I got them back, some I put in the Safe Deposit box and some I gave to Everhart. I did not, in fact, offer any one of these
certificates for sale to anyone, or attempt to part with them. I do not know who prepared the "list of assets" of the Mining Securities, etc., Company; I did not. I had nothing to do with Ottoway in the name of Stewart; I did not see him till he arrested me. I never saw or communicated with Mrs. Dangerfield.
Cross-examined. Everhart was manager of the Mining Securities, etc., Company; at least, we had no manager; he was vicepresident; I was secretary and treasurer; I was not a director. I cannot say who was president. I do not know F. Lake, broker, of Newark, New Jersey, or Ralph J. Rainer, of Oklahoma City, or S. T. Bisbee, of Oklahoma City [three names appearing on the prospectus as directors]. This list was gotten up in my absence; it is dated February 21; I was out of London from February 17 to March 6. I knew of the correspondence between Cushings and Everhart; Cushings's letters came to my office and were handed by me to Everhart; he was frequently at my office; he showed me the letters about the time they were received; also the minute-books, which I just glanced over. I suppose "the proprietors of the business" of the Mining Securities, etc., Company were Everhart and the balance of the directors; I do not know who the directors were. I got nothing out of the company, because there was no business. It is not correct to call it a mere name and a sham; the business was hardly started. Whatever it was, it was owned by the company; I mean by that, Everhart, myself, and the directors from America. I do not know anyone except Everhart and myself who had any interest, in the business. Certainly the business had capital; Everhart had lots of good securities. I cannot say what actual capital it had. Decidedly it was a real company; it was more than a name; Everhart told me he had a tremendous lot of good paying securities at the disposal of the company. The company owned lots of American mining securities; Everhart put them in—I mean those that have been produced here; nothing else to my knowledge. My contribution was the La Chivia shares. The 10,000 genuine certificates that I had were obtained from Bergstroms upon the following receipt that I gave: "Received of J. J. Yeckel 10,000 shares of the La Chivia Company mining stock, which I agree to return upon demand, or pay for the same as agreed upon." I did not, in fact, pay for them; I was only to pay for them upon sale, and there were no sales. The member of the firm of Bergstroms from whom I got the shares was Halter. This photograph (produced) is of Halter. I have known him for at lease three years; I did not know that he had been convicted as a swindler on October 25, 1901. That is the man I cite as having given me authority to make the seal and make the certificates, and put the names on by lithography. All the
letters I received from Halter would be preserved at my office; I do not know how it is that this letter of authority has not been found there. My real name is Harry Samuel Simons; I have never passed under any other name; not in this country; I may have done elsewhere. In the letters between myself and Everhart the name of "Charlie" is often used. "Charlie" is Weiman. This photograph (produced) is of Weiman. I have known him at least 15 years. I do not know that in July, 1903, he was convicted as a swindler in New York. In 1890 to 1894 he was on the New York Stock Exchange. I believe I saw him in this country the latter part of last year. I do not know him by any other name than Weiman. It was the latter part of last December that I received the Norfolk and Western shares. It was before that that I had seen Weiman. I received the shares from Davis in New York. [Another photograph handed.] I do not know this man; I swear I do not. I know a man called Charles Colmy; that is not a photograph of him; the man I knew had a beard and moustache. Looking at the photograph closely, I could not swear it was Colmy; I would not like to swear it was not. I knew him by no other name than Colmy. I have never known a man who passed by the name of General Chester. It was about 15 months ago that I saw Colmy in this country; I did not see him in December last, nor anyone who came from him. The book produced is my diary. On December 15, 1905, there is this entry: "Early at office; called for Charlie "; I suppose that was Weiman; "fetter from Halter; seven certificate from Ch. Col. "; I cannot say if "Ch. Col." Is a contraction for "Charles Colmy "; it is so long ago; I cannot say what "seven certificates" means. I read in the papers that there had been forgeries of Norfolk and Western certificates; I did not see that Charles Colmy was one of the persons convicted of those forgeries; I have never heard that the man I knew as Colmy was one of those persons. It was near Christmas when I received the seven certificates from Davis. Another entry in my diary is, "Wrote to Gus "; that is my son; that is the only Gus I know. [An earlier entry read: "December 11; letter from Gus. Colmy. "] I do not know a Gus. Colmy; that must mean two letters, one from my son Gus and one from Colmy. Now that my memory is refreshed, no doubt "Ch. Col." means Charles Colmy; but I still say that the seven shares were not received from him; I cannot explain the entry. I cannot say when I last saw Colmy, or when we last corresponded; I cannot explain why our correspondence ceased. The £500 with which I opened my account at the London City and Midland Bank I got from America. I did not sell any Cripple Creek shares on March 20, 1905. The address of Bernard, who introduced me to Rostoe, is 14, Willis Road, Camden
Town. I deny that, using the name of S. 8. Heindricks, and the address of 14, Willis Road, 1, with the assistance of a man calling himself General Chester, obtained £1,250 from Mr. Emerson Bainbridge; I do not know Mr. Bainbridge; I believe I have met him. All the shares found in the safe except the La Chivia shares belonged to Everhart. None of the money I paid in came from Mr. Bainbridge, either directly or indirectly. I know a Mr. Jonas; none of the money I paid in came from him. The pamphlet containing the statement that investments in the Mining Securities, Etc., Company were "secured by various dividend-paying mining shares" was written by Everhart. I knew it was being circulated. The "securities" were the mining shares in Everhart's possession; I took his word that the companies were dividend-paying. I do not think any minutes of the company were kept in this country; I never attended any meeting. I knew nothing of the company having offices in New York and Chicago, except that Everhart told me. I left the wording of the prospectus entirely to him. The La Chivia certificates that we had made in this country were not meant to be placed on the market, and they never were; they were collateral security. Among the letters to Halter that are copied in my book there is not one acknowledging receipt of or referring to the authority I had from him to make the certificates and seal. I regarded Everhart as a wealthy man. Referring to passages in letters that he wrote to me when I was in Paris, frequently asking for small remittances to keep things going, I must leave Everhart to explain that; I suppose he was out of ready cash. It is not the fact that I was the predominant partner in this business, with Everhart acting under my orders. With regard to my taking the safe at the National Safe Deposit under a false name, I cannot explain that at all; it was done on the spur of the moment; and I cannot explain my giving the reference. There was no special reason why I deposited the forged stock and the seal in the safe. I can give no special reason why the letters to Rostoe are torn out of my copy letter cook.
Re-examined. "Treasurer" and "Treasury"would be American for cashier" and "cash." My duties as secretary are defined by the articles. Everhart drew up the prospectus, and the information in it I accepted from him. The Norfolk and Western shares were sent to me by registered mail by Mr. Davis, a broker, of New York, and I had nothing to do with Colmy in connection with getting those shares.
FRANKLIN EVERHART (prisoner, on oath). I am an American citizen; I know very few people in this country. I have carried on business in New York for 30 years past, since 1885, as a stockbroker and a patentee. My business was mostly in outside securities, bonds, and stocks, and grain; something like that of
an outside broker here. I have never been arrested before, and no charge has been made against me that I know of. I met Simons in 1904, on the steamer going to America; I had seen him just previously round London and in various places frequented by Americans. In April, 1905, I came over here about selling some patents; I stayed at the Victoria Hotel, Northumberland Avenue. I met Simons one night at dinner; he gave me his card and asked me to call on him at 24, Basinghall Street. I went there several times, and eventually made it a sort of headquarters, having my letters sent there. I went to America again in September last, stayed there about a month, and returned to England, still on the business of these patents. On seeing Simons in October, we discussed the question of a company to be called the Mining Securities and Investment Corporation. It was my idea. I drafted a prospectus. Simons said he had some La Chivia shares, and thought he could arrange for 50,000 of those to be put into the company as part of its assets. I had certain shares that I valued at a certain price, and those were to be my contribution. The shares contained in the list of assets (Ex. 49), except the La Chivia shares, all belonged to me, and they were to form my contribution to the assets of the new company. I then arranged with Cushing and Cushing, who are well-known corporation lawyers, to form a company out there, on the lines of the draft articles that I sent them; I wired them the necessary funds. My instructions to Cushings were to form the company regularly and properly, and it was duly and legally incorporated under the laws of the State of Oklahoma. In the books and documents sent over here by Cushings, blanks were left for us to fill out—to put in the directors and officers. I obtained the directors, and filled in their names. According to the byelaws, we were to have one office in New York, and, under the law, we had to have an Oklahoma address. Simons showed me an original prospectus of La Chivia, and said he thought of having some copies printed to send around. I told him I thought the style was too bombastic for the British public, and the grammar was not Very good. He showed me a letter giving him authority to have a new circular made out; he also told me that the latter part wanted altering, because the concern was now paving dividend. I took it home and re-wrote it, but I did not alter any of the statistics; Simons revised my draft and had copies printed; I had nothing to do with the printing.
(Wednesday, May 30.)
in; I never saw those certificates; I never was present with Meisl and Simons during any conversation about destroying the plates. I understood from Simons that he was European agent of La Chivia; I arranged with him that he should have the European office at my place at Alderman's House, paying me £50 a year for the office and 5 per cent, on the sale of any stock.
To the Court. When I say my place, I mean the offices of the Mining Securities, etc., Company; the lease was in my name.
Examination continued. My rent was £450, and I was anxious to reduce it. I had tried to get other corporations in America to do the same thing, and for that reason when the La Chivia brassplate was put up I had it put at the top of the door, to leave room for others. In addition to the five genuine certificates which Simons gave me, a bundle of those said to be not right were in my office when I was arrested; these Simons brought to the office the day before he went to Nice. He was going abroad for some time, and he left with me those documents and the keys of the National Safe Deposit safe, and a rubber stamp of La Chivia. I had no knowledge that the certificates were not genuine. I never went to the National Safe Deposit safe. In the matter of the Mining Securities, Etc., Company, I had acted all through under the advice of Messrs. Cushings. At the time of my arrest the company was not fairly afloat; we had to arrange for a board of directors and a lot of other things; we intended to have all these things fixed up at one meeting in America. With reference to the names I put down in the draft prospectus as directors, Mr. Lake is an acquaintance of mine. I asked him whether, if I got up a corporation of this sort, he would allow me to have him as a director, and he said, "Yes." Ramer's name was supplied by Cushings, the others were mentioned in the books sent over by them. I considered this was a duly organised corporation. I never heard about a seal of La Chivia being made or used, and never saw it until the police court proceedings. The first knowledge I had of the Norfolk and Western Railway shares belonging to Simons was by a letter to our office from a man in Paris, asking us to take up some of those certificates. I found it in the office and took it to Simons, and he told me it was a personal matter and he would attend to it. The telegram referred to there was never received at the office. I think I referred to the matter again and Simons said he would send the certificates back to America. I never saw the certificates till at the police court. With regard to the apparent over-issue of shares in the National Dash and Fender Machine Company, Certificate No. 7 I think it is. was originally made out to Mr. Charles R. Bridge, and he still had shares to draw against that certificate. I had in my possession
the whole of the certificates, they not having been cancelled until the others were issued against it. There were some shares also issued against my original certificates. I believe the La Chivia shares at that time were worth about 3 dollars. I saw the daily quotations in several New York papers. The Index Mining Company was organised about three years ago, and was a going concern, and is to-day. I had an interest in the Bonanza King Company, and paid for it. The shares were sold at a higher price than half value some time ago. The note, "The Index Mining Company will probably become a dividend-payer by July or September," I believed. I had not only been to see the Bonanza King Mine, but I sent a car-load of twenty people out there the year before last to inspect those mining properties, and I think there is a letter amongst those taken from me by the police from the Rev. Joseph R. Smith giving his experience and his report on that property. We also had an interest at that time in other properties. I think there are two letters there regarding that. In regard to Cripple Creek, they put values of all sorts to start mines in America. It is very different to what they do in Africa and England. They very often start them at Id., and as they go on and develop the properties and the prospects get better the bigger the price of the shares. I thought the Northern and Pacific was likely to be good. The Russell Gold Mine is a stock known, in New York. I thought the statements relating to the values, though speculative, would be borne out. I might say under the prospects that I wrote I did not think we should hold preference shares against any but dividend-paying stock. La Chivia was represented to me as being dividend-paying shares. We had a man in our employ named Masters, and he said he had an acquaintance in Ireland who was a very good stock salesman or share salesman and he had sold a great many shares of mining companies, and he thought if he was not doing anything he would get him to deal with our shares. In that way we got into communication with him and finally closed a business proposition on a certain small salary and commission. He was to act as agent for the company in Ireland. I was introduced to Weiman by Simons in December last. I knew nothing against him, nor had I any knowledge of his past history. I met him in Northumberland Avenue about December 15. I had been to the "Herald" Office. It was said in America that he was broke and he wanted a situation. I did not care to have him. I wanted to have English people altogether. In regard to the letter of February 21 in which I used the expression in reference to getting some printing done: "Order 5,000 new circulars. After the idea you have I do not think we shall regret it, but we may as well be hung for a sheep as for a lamb," I think the context of the letter explains it. We were running into debt, and we might
as well run in a little more. In regard to being short of money, up to that time I had not taken a penny from Simons and had no intention to, for if he did not fulfil his promise I would get somebody else in the organisation. I had paid everything up to that time myself. After he assured me of this, then I began to try to see if I could get any money from him, seeing what I had put in myself. I did not consider I was free to sell the Mining Securities Corporation for my own purposes. When we got subscriptions we were going to invest the money in dividend-paying mining shares beyond those in the list. Buying and selling mining securities is part of my business. In regard to the rubber stamps found in my possession, there were many on he premises when I went there. It was a furnished office. I never heard of the Fairview Gold Mining and Milling Company, Limited, or the Wee Hei Consolidated Mining and Milling Company. The Mining Securities Investment Corporation, Limited, is my own. "P. F. Cranston Thomas" appears at the head of the paper. I thought of having Thomas over here to be manager of the Mining Securities Investment Corporation, and we thought in sending out circular letters we would use that stamp until he came. I had nothing to do with any of the others.
Cross-examined by Mr. Muir. I have never heard of the Wee Hei Consolidated Mining and Milling Company. I did not know that Simons was selling shares in that concern to Jonas. I do not know how those two stamps relating to the company came to be at Alderman's House. The Imperial Motor Company, I think, was there. Those were all old stamps when we went there. I never heard of the Auto-Motor Hackney Carriage and Vehicle Company, Limited. I did not know Simons was trustee of the company. Gerrard had some promissory notes of Simons's to discount, and he was to send me the proceeds of those notes. I saw Gerrard on one or two occasions. I did not know he was connected with the Auto-Motor Hackney Carriage and Vehicle Company, Limited. I was not consulted by Simons about the Mining Securities, etc., Company issuing bonds for the Auto-Motor Hackney Carriage and Vehicle Company, Limited. That was out of our province altogether. He had no right to do that. Cranston Thomas was a clerk of mine. The stamp of his signature is not intended to be a facsimile. I asked Simons to write that name out. Simons wrote it like that. As far as I know, it does not resemble Simons's or Cranston Thomas's handwriting, nor had Simons ever seen the signature of Cranston Thomas when he wrote that. I got him to write the signature for the purpose of having a rubber stamp to stamp the circular letters relating to the Mining Securities Investment Corporation, as I thought we were going to have
him over here. I thought it would look better on the letters than no signature. I never hesitated to sign my name. I ceased doing business in the States in January, 1904; I then left the country. I went back to examine some mining property and to settle up my affairs. I have not heard that I am wanted in America by the postal authorities. I had settled up all my affairs that had any reference to the postal authorities. There is an offence against the American criminal law called using the United States mails for the purpose of fraud, and the United States postal authorities are entitled to apply to a Court of Justice and get what is called a Fraud Order made against a person who has used the mails for the purposes of fraud. I know a Fraud Order was made against me in July, 1904, but that is a different thing to being wanted by a Court of Justice. I believe the Fraud Order made against me has not been resounded. I have been in America twice since, and was there for five months last year. I do not know that the New York police have sent information to this country that they want me for that offence. Superintendent Stark at one meeting got up and said something against us, and said we were both wanted, but he did not say by whom. I do not remember the name of Joseph H. Fry in connection with any of my six months' bills found in my possession. The Index Mining Company was a company of my own. I was not concerned in the flotation of a great many other companies. I had an interest in them, but was not concerned in selling shares. I had the Dash and Fender Company; it is not doing anything at present. I sold a few shares in it. It had a subsidiary company. I know the name of Thomas A. Edison. I started a company called the Thomas A. Edison Company. His son started it with me. The company got into trouble; fraud was suggested in relation to the trade mark. The United States Electric Clock Company was not mine; I had some stock in it. I do not know what has become of the company. I had nothing to do with Albert Grant and Co., or with Geo. W. Arnold and Co. The Dowsett Company is in existence; it is an electric company, and I have shares in it; they are hypothecated. The Hard Rubber Company is also in existence. These were not mining companies. They are in America. I have them in a friend's hands. I had no banking account in this country The Mining Securities, etc., Company had no banking account. It was going to purchase dividend-paying mining shares and sell the first shares against them. We were going to get the money to purchase the dividend-paying mining shares and all the preferred shares we had. I thought the La Chivia shares were all right and we would sell against those first, and with the money that came in we should then buy. I do not know that La Chivia has paid any dividend. The market price would suggest that, and I know nothing to the contrary. Simons told me it was paying. He did not show me any document
showing that La Chivia had paid 12 per cent, or anything. The profit of the Mining Securities, etc., Company was coming in by the rise in the price of shares we were to buy. I thought we should be in that position by April. It was a company to be operated in England. I did not register it in England because it costs too much money. That was the only objection. If it had been registered perhaps purchasers of Preferred Treasury shares could have gone to Somerset House and obtained information. I had not thought of that, nor was that the reason I decided to register it in America. This was a new idea. I did not carry on the business in America because I was over here, and I thought I would like to stay. We had no money in the Treasury. Those shares in the list I do not think had any monetary value apart from La Chivia. It is not true that Meisl submitted these transfers in January in the the names of Yeckel and George to me and Simons at Simons's office. I met him on three occasions. He was mistaken; he meant the circulars. It is untrue that anything was said in my presence about it being difficult to get a proper fact-simile of these signatures. I only had one conversation about the price. Nothing was said about the plates in my presence, nor did Meisl say he would guarantee that they had been destroyed. I had several conversations with Inspector Ottoway at the office. I was Arrested on March 7 and charged with conspiring to defraud persons who should deal in the Mining Securities, etc., Company. I made no answer. I told him I was vice-president of the company. There was no president. We were trying to get somebody as a figurehead. I showed Ottoway the list of securities, but only one company was mentioned as dividend-paying. I produced the stock to him, and these five La Chivia shares, representing 50,000 dollars, value £30,000 English money. They were at the head of the list. Ottoway said, "I suppose you have more stock at your office in America?" I said, "The whole stock you have inspected has been sent from my American office." It had not been sent. I brought it from my American office last September. I think I had some Cripple Creek with me before. Simons had some in his safe. I lent it to him. There are a hundred companies or more in Cripple Creek. I told Ottoway that the La Chivia shares I bought direct from the company. We got them from the agents. Simons never showed me any letter authorising him to have the certificates engraved or to establish a European office or authorising him to have a seal. When Simons went away he left me the keys of his safe in case of anything happening, when I was to give them to his brother. I did not know where the safe was. The keys were in an envelope addressed to himself not sealed. Simons brought the La Chivia certificates there, and I was to send them to him
if he wanted them. I wrote to Mrs. Dangerfield, who trades in the name of Mertens, by Weiman's suggestion. I saw something about a forgery of Norfolk and Western shares in the "Daily Telegraph." I do not remember seeing it in the New York papers. My typist, when I was arrested, was typing some circulars to Irish priests, of which I was the author. I had sold some shares in Ireland some time before.
Re-examined. The Fraud Order referred to is an order prohibiting a person from receiving any letter through the mail. The postal authorities of America have power to procure that older, even though a man has not been charged with fraud. They are very arbitrary about that. For instance, what we call an outside broker here is prohibited in America. It is what they call a "bucket shop," and is against the law. I had not any charge made against me prior to that. It was not in reference to mining or any shares. It does not involve a charge of fraud. I was never charged or arrested before. No stamp had ever been issued in Cranston Thomas's name, nor was it to be until he was obtained as manager. My relations with him at the time were such that I could have used his name. I should only have used it by his authority. I had no idea that the shares which were handed to Weiman were not genuine La Chivia shares.
To the Court. The Mining Securities and Investments Company was a company got up by me. We had not yet made the shares out. There were no shareholders. I believe there were some shares made out to American parties. I had not the money for them and Simons had no shares.
Inspector OTTOWAY, recalled. I produce this original letter from the New York police of April 4, 1906, respecting both prisoners: "Replying to your letter of the 21st March, would state the picture of Henry Simons is known at this department, and has been for many years. That is the photograph that has been produced here. He is known as a swindler, by assuming the name of respectable houses and getting stock and securities in their names, and is under indictment here for that offence," etc. I also sent a photograph of Everhart, and they reply, "Would say he is wanted here for using the United States mails for fraud."
Sentence: Simons, two years' hard labour; Everhart, 18 months' hard labour.
The Court commended Inspector Ottoway for his action in the matter, and Mr. Meisl for the information he had given to the police.
OLD COURT; Monday, May 21.
(Before Mr. Recorder.)
WILLIAMS, Frank (23, labourer) , charged with stealing an iron chain, the goods of the London County Council, and feloniously receiving same, pleaded guilty to receiving; he pleaded guilty also to a conviction in October, 1903, at Worcester Quarter Sessions, for felony, for which he was sentenced to three years' penal servitude and three years' police supervision. He was on ticket of leave, with 215 days to serve. Sentence. 12 months' hard labour.
NEW COURT; Monday, May 21.
(Before the Common Serjeant.)
ROBSON, Frederick (23, coster), pleaded guilty to stealing two pairs of boots, the property of Thomas Richards, and feloniously receiving same. A number of previous convictions were proved. Sentence, Three years' penal servitude.
FOURTH COURT; Tuesday, May 22.
(Before Judge Rentoul.)
HOUSEGO, Frederick (27, labourer) , burglary in the dwelling-house of Edgar Dexter and stealing therein a watch and other articles, his goods, and feloniously receiving same; breaking and entering the dwelling-house of George Hawkins and stealing therein two rings, the goods of Elizabeth Hawkins, and feloniously receiving same.
Mr. Daniel Warde prosecuted.
EMILY DEXTER , wife of Edgar Dexter, pearl sorter, 94, Howard's Road, Barking. On the morning of May 1 my husband went out to business, and at a little after a quarter-past eight I left the house to go to business myself. Before leaving I saw that all the windows and doors were fastened. I bolted the front door, and when I left locked back door. My husband's piccolo was lying on the table in the kitchen, and his watch and chain were hanging over the mantelpiece with a silver match-box attached. A silk blouse and tweed skirt were in a
tin trunk in the kitchen. When I returned home at half-past six in the evening, I found the scullery window broken, and on entering the kitchen I noticed that the watch and chain had disappeared from the mantelpiece, and that the slot-meter had been broken open and 3s. 4d. taken. I went to the station to meet my husband. He discovered that his piccolo had gone, and I afterwards missed my blouse and skirt. I had left on the bedroom mantelpiece two halves of a gold ring, one half of which was missing, the other half being on the bedroom floor. All the drawers had been turned out, but they contained nothing of any value. On May 4 I went to where prisoner lives at 89, Scott Street, Canning Town, with Sergeant Marshall and two other omcers, and there saw the piccolo, watch and chain, and match-box, prisoner being present. I also noticed the half of the gold ring on the floor.
JOHN MARSHALL , detective-sergeant, K division. Prisoner occupied the lower part of the house at 89, Scott Street. We found him sitting in the kitchen with a child on his knee. When arrested he said, "I bought the things from a man last Wednesday in the Bull Inn." Prisoner is a married man, and his wife was in confinement at the lying-in hospital at the time of the arrest. The three children were taken away by the relieving officer.
HENRY GEORGE KEATS , 47, Carson Road, Canning Town, assistant to Mr. Benjamin Hallett, Barking Road. I produce a silver chain which was pawned on May 1 at some time after two in the afternoon in the name of John Baker for 3s. 6d. I cannot identify anyone as having pawned it. The chain has been Identified by Mrs. Dexter as her husband's property.
PRISONER (not on oath). I can only say I bought the watch, the piccolo, and the silver match-box for 6s. 6d., not knowing that they had been stolen. I do not know the man I bought them of. He looked like a working man. If I had known they had been stolen I shouldn't have had them in my place, being known to the police.
Verdict, Guilty of receiving stolen goods. Prisoner pleaded guilty to a previous conviction, and a long list of convictions dating back to April, 1895, was furnished by the police. The Indictment for breaking and entering the dwelling of George Hawkins was not proceeded with.
Mr. Warde, said there was a regular system in this district of victimising poor working people by breaking into their houses and stealing their goods.
Sentence, Eighteen months' hard labour. The Court commended Sergeant Marshall and Constables Driver and Walker.
DENHAM. Joseph (23, barman), pleaded guilty to stealing three watches and other articles, the goods of Benjamin Ash. and feloniously receiving same; also to stealing three rings and other articles value together £6, the goods of Julia Wilson, in her dwelling-house, and feloniously receiving same. Prisoner also pleaded guilty to a previous conviction.
Mr. Grantham appeared for the prosecution, and described the robberies as cruel and barefaced. Prisoner made the acquaintance of a barmaid at the Victoria Hotel, and got to know her friends, one of whom was Mrs. Ash. He told Mrs. Ash that her niece wanted to see her at the Victoria Hotel, and daring her absence he ransacked the house. In the case of Mrs. Wilson he was staying in the house and ransacked the place while Mrs. Wilson was out.
Sentence, Eighteen months' hard labour.
OLD COURT; Thursday. May 24.
(Before Mr. Justice Sutton.)
WILLIAM JOHNSON , riverside labourer, 13, Abbey Street, Plaistow. On May 12, about three o'clock in the afternoon, I was opposite Canning Town Railway Station. I saw prisoner, whom I had known previously, and he asked me to give him a drink at the "Albert Victor" public-house, Burnham Road. I afterwards went to the "Liverpool Arms," 30 or 40 yards off, and noticed prisoner going in the same direction. Prisoner followed me in and asked if I would give him another drink. I gave him another glass and then came outside. Prisoner followed me outside, stood immediately in front of me and shoved his left hand into my right-hand pocket. I tried to lay hold of him, and he struck me between the eyes. He laid hold of me by the throat, pressed me on the ground, and kicked me on the jaw with force. My jaw was broken. One of my teeth was knocked out, and another I had to have taken out. I could not sleep for two or three nights. I did not know the jaw was broken for three or four days. I remained a moment or two upon the ground. When I got on to my feet I ran away in the direction of the railway station. I went straight home. I found I had lost 9s. 5d., a piece of pencil sharpened at both ends, and a small knife. These had all been in the pocket he put his hand into. I identify the piece of pencil produced. I told my niece when I got home how I had been served and she gave information
to the police. Later on I found the prisoner in charge at the police-station. I am still being treated at the London Hospital for the fractured jaw.
CHARLES GILLAND , police-constable 268 K. I received information with regard to this matter between quarter and half past three on May 12. I went to the "Hallesville Tavern," where I found prisoner. I said, "I shall take you into custody for assaulting and robbing a man outside the "Liverpool Arms," Burnham Street." He made no reply. At the station I searched him and found 3s. silver and 9d. bronze, a penknife, a key, and the piece of pencil produced I found in his left trouser leg, which was turned up at the bottom. He was sober. At quarter to five prosecutor came to the station and charged him. He was sober.
Verdict, Guilty, and prisoner pleaded guilty to a previous conviction.
Constable GILLAND. I have known prisoner eight or nine years and can honestly say I have never known him do one day's work in the time. He is an associate of a gang of thieves who infest the Victoria Dock Road waylaying drunken seamen. One of his confederates, only the Sessions before last, got five years' penal servitude, and he was frequently in his company. Prisoner has only been charged once with felony, but has been taken to the Canning Town Station for the same thing that he is here for on this occasion but prosecutor would not go on with the charge.
Sentence, Three Years' Penal servitude.
OLD COURT; Monday, May 28.
(Before Mr. Justice Button.)
MANNING, Paul (labourer, 56), BARRON, James (fireman, 22), and SMITH, George (sailor, 21); all, assaulting W. T. Baker with intent to rob him of a watch and chain; Manning, assaulting W. Worby, a police-constable, with intent to resist arrest.
Manning pleaded guilty to assaulting Baker with intent to rob, not guilty on the separate indictment. Mr. Metcalfe prosecuted.
WILLIAM THOMAS BAKER . I am employed by the Great Eastern Railway Company. On May 5 last at 5.15 p.m. I was going along the Victoria Dock Road. I passed the "Boilermakers' Arms." The prisoners were in conversation about 40 yards away. Barron came up behind me, pinned me by the left shoulder, got his leg in front of me and twisted me right round. Smith then struck me a heavy blow on the left side of the head.
Nothing was said by either of them. Smith snatched at my watch. The chain broke and the watch remained in my pocket, the chain hanging down. Both of them bolted towards Canning Town Station. They were stopped by two police constables. I never lost sight of the two. I did not see Manning before. Manning came up on the way to the station where the police were taking the other prisoners. Manning said, "They are two of my boys," and attempted to rescue Smith from the custody of Constable Mitchell. Mitchell, with my assistance, arrested Manning. Manning was very violent and kicked one of the police like a madman and struck him on the side of the face.
Cross-examined by Manning. The "Boilermakers' Arms" and the "Liverpool Arms" are some considerable distance apart. I saw you near the "Boilermakers' Arms." There were about twenty others there, mostly boys. I did not see you coming out of the "Liverpool Arms." You did not speak to me first. There was a crowd of several hundred persons who collected. You tried your best to kick me. You were apprehended in the Barking Road.
Cross-examined by Barron. I did not take hold of you or Manning; I did not kick Manning down.
Cross-examined by Smith. I do not remember seeing you standing outside the urinal. You were arrested facing the "Liverpool Arms." You had no stick in your hand. I did not say the chain might have been broken in the struggle, and that I would charge you with assault. The chain slipped through your hands. You snatched the chain with one hand.
Re-examined. I noticed that the chain was broken before the prisoners were caught.
----HORN (police-constable 193 K.) On May 5 I was at Canning Town Railway Station. I saw the prosecutor in the middle of the road. Barron had his arms round him. They were 15 yards off. Barron ran away and was stopped. I never lost sight of him. I assisted to take him to the station; he was very violent.
Cross-examined by Barron. I came to prosecutor's assistance.
I saw you outside the "Victoria Road Arms."
Cross-examined by Smith. Barron was sober.
EDWARD FOSTER (police-constable 76 K.R.). On May 5 I was stationed at Canning Town. I saw Barron and Smith running towards me. I caught hold of Barron. I knew him before then. He became very violent, and we both fell to the ground. While on the ground the prosecutor came up and said: "That is the man I want." I said to him, "You"—ill have to go with me, Jimmy." He struck at me several times and endeavoured to get away. I took him to the station. While we were on the way there Manning came up. He said, "They are my boys; what are you taking them for?" He tried to
get Barren away. Prosecutor then said, "That is the other one," referring to Manning. P.C. Mitchell then caught hold of Manning, who became very violent. With assistance they were taken to the station.
Cross-examined by Barron. You were very violent. I threw you to the ground and blew my whistle.
Cross-examined by Manning. When Barron was arrested I did not see you at all. I do not know where you came from, but you came up and tried to get hold of Barron. He was not being strangled. I should think there was a crowd by them of 500 or 600 people. They shouted, "Let the man go." I cannot say if that was through any brutality on my part or through animosity against me.
Cross-examined by Smith. You were not violent when arrested, and made no attempt to get away till Manning came up. You were arrested very close to the "Liverpool Arms," in the middle of the road. You were running at the time.
Re-examined. There is no relationship between. Manning and the two other prisoners, but Smith and Barron are brothers. They are all constant companions of one another.
JAMES MITCHELL (police-constable 342 K). At 5.15 on May 5 I was on duty in the Barking Road. I was not with Foster, but on the opposite side of the road. I saw Smith and Barron. Smith had a cap on his head and another one in his hand. Barron had no cap on. They were Tunning down the road. I went for Smith. He dropped the cap and tried to dodge past me. I caught him. I looked round and saw Barron in custody. Prosecutor came up and said, "I want him for assaulting me." Smith and Barron were taken to the station. On the way Manning came up and said, "These are two of my boys; you are not f——well going to take them," and struck me in the stomach. The prosecutor said, "He's another one." I took Manning into custody. He was very violent, and said to Smith, "Go on, George, have a go for him." With assistance they were taken to the station. They were charged and made no reply.
Cross-examined by Smith. You did not ask prosecutor, when you were in the dock, what he was charging you with.
Cross-examined by Barron. When we were at Plaistow Police Station another man came up and said that while he was assisting me Smith had taken some money from his pocket, and that he had lost 3s. 10d., but he would not charge him.
By Smith. Foster and I were not outside a urinal looking at a crowd of men who were holding up a drunken man.
Cross-examined by Manning. I arrested Smith near Liverpool Road. When I saw Smith and Barron running I stopped them. I did not see you come up Liverpool Road, nor were you running after them. You were not intoxicated; you may
have had a glass or two. I have not known you charged in a case like this for ten years, but I have known you charged for an offence other than drunkenness; that was as a suspected person. I cannot say if you would have committed this offence if you had been sober.
WILLIAM WORBY (police-constable 533 K). On May 5, at 5.30, I was on duty at the Public Hall, Canning Town. I heard a police whistle and went in the direction of it. I found a large crowd, and saw the prisoner Manning being detained. P.C. Foster, who was there, said, "Arrest that man," meaning Manning. I did so, and he then deliberately struck me on the nose with his fist, cutting my nose, and then kicked me on the right thigh twice. [His lordship stated that this evidence was not very pertinent to the particular charge which was being tried, which was for assault, with intent to rob. Mr. Metcalfe said that he would not press it.]
GEORGE SMITH (prisoner on oath). About a quarter to five on the day in question, I was standing outside the "Liverpool Arms," when a lad came up to me and said, "There are two of your mates in the road having a fight "; so I went there, and saw Barron fighting with another man. I picked up their hats and said, "Come on, the 'tecs' are after you; they are going to lock you up for assault," Barron then starts running away, and I go with him. The other man gets out of it, and that is how I came to get caught instead of the other man.
Cross-examined. I was not at the "Boilermakers' Arms." Barron is not my brother. I was not with the prisoners that afternoon; I came up to see the fight. I ran away with Barron, as prosecutor wanted to take him for assaulting the man he had been fighting with. When the constable arrested me I said, "I have nothing to fear; I am innocent of what this man is charging me with, and therefore I will go quietly." I never struggled. I did not try to dodge the constables.
JAMES BARRON (prisoner, not on oath). If I broke a chain and hit a man in the face and was caught, I should think the constable would be told that I broke the chain and assaulted the man, whereas prosecutor said that he charged us with assault. One constable says I was away from the "Liverpool Arms" and another says I was outside the "Liverpool Arms." I could not be in both places at once.
PAUL MANNING (prisoner, not on oath). I was coming along Victoria Dock Road when prosecutor started kicking up a row. We laughed at him. He said, "What are you laughing at, you hound?" Smith came up and told me to come away, when prosecutor said. "I will charge you with assault" I was then arrested.
Verdict. Smith and Barron. Guilty. Manning. Not guilty on the indictment for assaulting Baker with intent to rob.
Police proved that Manning is a terror to the neighbourhood and a trainer of young thieves. Barron has been convicted many times and is a terror to the neighbourhood. Smith was convicted at the South London Sessions on January 10 last and sentenced to two months' hard labour for larceny. There are other convictions against him.
Sentences: Barron and Smith, nine months' hard labour; Manning, on the indictment to which he pleaded guilty, nine months' hard labour.
FOURTH COURT; Monday, May 28.
(Before Judge Rentoul.)
Verdict, Not guilty.
FOURTH COURT; Tuesday, May 22.
(Before Judge Rentoul.)
BAKER, William (62, dealer), pleaded guilty to breaking and entering the dwelling-house of William Arthur Waite and stealing therein a jacket and other articles, his goods, and feloniously receiving same, and also to a previous conviction. Sentence, Three calendar months in the second division.
Mr. J. F. Vesey Fitzgerald prosecuted.
ANNIE COOK (17, Lambton Road, Raynes Park). I live with my mother. On the afternoon of May 17 my attention was directed by a dog barking. I went into the scullery and looked through the window, and saw prisoner standing by the glass door of Mrs. Valentine's house and shading his eyes so as to look through the window. He had come through our garden and got over the fence. He then turned he handle of the
door and went straight through the scullery into the kitchen of Mrs. Valentine's house. I called my mother and she went out to him. In two or three minutes' time he came out, and she asked him what business he had to be in there. He said, "I am only selling watercress." He went, then, straight away through Mrs. Valentine's entrance. I told the policeman who was on duty on the other side of the way, and the same evening I identified the prisoner at the station.
EMILY COOK , mother of last witness. I called to prisoner and asked him why he had gone into Mrs. Valentine's house. He did not hear me for two minutes, and when ha came out I asked him what business he had in there, and he said, "I was only asking them to buy watercress." He hadn't been to our house and rung the bell that afternoon. When I first saw him he came into the front gate of my house, and was on my side of the fence; when I saw him again he had got over the fence. I sent my daughter in to tell Mrs. Valentine. Afterwards I identified the prisoner at the police court from amongst nine others.
MINNIE VALENTINE (15, Lambton Road, Wimbledon). In consequence of the communication made to me I went downstairs, having concluded what had happened, and missed he ring and purse. It was a single stone diamond ring, and the purse contained about 1s. 6d. I had seen the articles ten minutes before I went upstairs on the kitchen mantelpiece. I put the value of the stolen goods at £3 10s.
ERNEST HENSON (police-constable 303 V). Shortly after I had received information of the robbery I saw two men hurrying along the railway foolpath from Raynes Park towards Wimbledon carrying watercress baskets. They were about 200 yards off. I gave chase, and when they saw me they commenced to run. I overtook them after about a mile run and took them into custody, charging them with being concerned together. The prisoner was identified at the station by the two first witnesses. Prisoner said, "I know nothing about it" when I arrested him.
Prisoner denied the charge, and said this was the first time he had been locked up.
Verdict, Guilty. Sentence: Three months' hard labour.