Vol. CXLV.] [Part 863.
CENTRAL CRIMINAL COURT
HELD SEPTEMBER 11TH, 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]
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 Tuesday, September 11th, 1906, and following day.
Before the Right Hon. Sir WALTER VAUGHAN MORGAN , Bart., LORD MAYOR of the City of London; the Hon. Sir THOMAS TOWNSEND BUCKNILL, Knight, one of the Justices of His Majesty's High Court; Sir T. VEZEY STRONG , Sir H. E. KNIGHT, Sir W. H. WILKIN, K.C.M.G., Sir MARCUS SAMUEL , Bart., Sir GEO. W. TRUSCOTT, T. B. CROSBY, Esq., W. GUTHRIE, Esq., Aldermen of the said City; Sir FORRIST FULTON, Knight, K.C., Recorder of the said City; FREDERICK ALBERT BOSANQUET , Esq., K.C., Common Serjeant of the said City; His Honour Judge LUMLEY SMITH and His Honour Judge RINTOUL, K.C., Commissioners, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.
Sir THOMAS VANSITTART BOWATER, Knight, J.P.
CENTRAL CRIMINAL COURT.
MORGAN, MAYOR. ELEVENTH SESSION.
LONDON AND MIDDLESEX CASES.
OLD COURT; Tuesday, September 11.
(Before Mr. Recorder.)
BERGMANN, Carl (21, clerk), pleaded guilty at July Sessions (see page 263) to stealing 2,870 fitch skins, the goods of P.L.V. Rosentower, his master, and feloniously receiving same. Judgment had been respited to enable restitution to be made by prisoner of some of the stolen property. It now appeared that restitution had not been made. Sentence, 14 months' hard labour (as from July 23); certified for expulsion under Aliens Act.
BLAKE, Henry (38, chimney sweep), pleaded guilty to stealing a watch, the goods of Richard Maxwell, from his person, and feloniously receiving same; he also confessed to a conviction at Newington Sessions, on December 14,1904, in the name of George Bennett, for larceny, person, with a sentence of 21 months' hard labour. Many other convictions were proved, prisoner having been in prison almost continuously since 1887. Sentence, 18 months' hard labour.
YOUNG, John (60, bookseller) pleaded guilty , to forging and uttering an endorsement on an order for the payment of £2 7s. 6d. with intent to defraud; also to obtaining by false pretences from Lily Jane Walters the sum of £2 7s. 6d., the moneys of Ernest Walters; from Marie Sullivan £2 7s. 6d.; and from Caroline Blackmore £1 10s., in each case with intent. to defraud; he also confessed to a conviction, at Clerkenwell Sessions, on December 18, 1900, in the name of John Dixon, for misdemeanour. It appeared that prisoner was first con victed in 1872; he had served one term of seven years' penal servitude, and many other sentences. He had lately written a book entitled "Twenty-five years in seventeen prisons; the life story of an ex-convict; by 'No. 7.'" Sentence, 12 months' hard labour.
GODFREY. Lil (29, domestic servant) pleaded guilty , to forging and uttering two requests for the payment of £4 and £3, and receipts for the said sum with intent to defraud; also to forging and uttering a receipt for the payment of £1. with intent to defraud; also to stealing a suit of clothes and other articles and the sum of £2 1s., the goods and moneys of Samuel Walton, her employer; she also confessed to a conviction, at Clerkenwell Sessions, on June 20, 1905, for robbing a sailor of £8, with a sentence of six months' hard labour. Police gave her a very bad character, as a prostitute, and an associate of English and foreign thieves. Sentence, 12 months' hard labour.
Mr. Forster Boulton, M.P., prosecuted.
AUBREY CECIL BARTLETT , Wash away, Cornwall. On August 21 I posted a registered letter addressed to "Mr. C. Herring,75, High Street, North Finchley, London, N.," obtaining the receipt produced; the letter contained a bill and £2 17s. in coin.
WILLIAM HENRY BOTTOMLBY , sorter, Northern District Post Office, London. I was on duty on the morning of August 22, and received some registered letters from the Great Western Railway travelling post-office. I made out a list for the North Finchley Post Office; it included one addressed to Mr. Herring; this letter I put in the bag for North Finchley.
WILLIAM WARNE . I am in charge of the North Finchley Post Office. I know prisoner; he is an office-cleaner, and does a little work in delivering and collecting letters when we are short. His wages were 7s. 6d. a week as cleaner, with extra money for other work. He came on duty about 6.30 a.m. on August 22. Among the registered letters for delivery that morning was one addressed to Mr. Herring. An entry of this was made in the book produced, and the letter was handed to prisoner for delivery, he signing the "tab," or receipt. The tabs are placed on a file; I have searched the file for this tab, and it is missing. On the postman delivering the letter he should obtain from the recipient a receipt, and this he should place in a little cage at the office. On the morning of the 23rd. when I went to make out my list of receipts, there was no receipt in the cage for this letter. I asked prisoner for the receipt; he said he left it at home in his waistcoat pocket. I told him he must go home and fetch it. He went away, and on his return he said, "I did not have the registered letter." I said, "Yes, you did." He said, "Well, where is my receipt
for it.' I then made a thorough search, and, not finding the receipt, and the tab and the office list of registered letters being also missing, I reported the matter to the Northern District Office. Prisoner, in his cleaning duties, would have access to the papers that have been lost. I am positive prisoner is the man to whom I handed the letter and who, signed the tab for it.
GEORGE EDWARD HEAD , postman. I was in the North Finchley Port. Office on the morning of August 23. I heard Warne say to prisoner, "I want a registered receipt from you," and prisoner replied, "I have left it at home." Warne told him to go home and fetch it.
FRANCIS M. HILL , clerk in Secretary's Office, G.P.O. On August 24 I saw prisoner at the North Finchley office and asked him to come the next day to the G.P.O. He did not come, and on August 28 I sent Police-constable Downs to find him, and he was arrested. Prisoner's weekly earnings have averaged the last six months £1 1s. 6d. He is a single man; he has been in post-office employ since November last.
ARTHUR Downs, a Metropolitan Police officer, on special duty at the G.P.O. On August 28 I took prisoner into custody on the charge of stealing the registered letter described. He made no reply to the charge. Before the magistrate he said, "All I can say is that I am not guilty; I have no witnesses to call."
(Wednesday, September 12.)
JAMES ROBERT LONG (prisoner, on oath). I am engaged as cleaner, and occasionally as sorter and postman by the General Post Office. I wish to say that I am innocent of the charge brought against me, that I neither received the letter nor did I sign the tab, nor did I receive the registered letter from Mr. Warne. I had some conversation with Mr. Warne about the letter on the morning of August 23. At seven o'clock he came to me and asked me if I had a receipt from Mr. Herring. I told him I had not and had never had a registered letter for Mr. Herring. Mr. Warne said, in reply, "Yet, you did; think." I told him I never had it. Again at nine o'clock he asked me if I had a receipt from Mr. Herring. I told him I had never had one. When I told Mr. Warne the receipt was at home in my waistcoat pocket I thought he meant the receipt for a registered parcel I had the day beforehand. At eleven o'clock he asked me again for the receipt, and I went home to
look for it. I found it, and left it in the office; I put it in the box. he parcel was directed to Holmwood School, Wood side. he first and last delivery to Mr. Herrings would b, carried out by me. I do not Know anything about the missing tab and list.
Cross-examined. I had the insured parcel for delivery at night time on the 21st, which was a Tuesday. I did not deliver ii that night, as I got no answer. I took ii home "s the office was closed. For the same reason I could not deliver it next morning, and I brought it back to the office. I did not make a third attempt to deliver it, and as a matter of fact I never delivered that parcel at an. On the 22nd I handed the parcel over to Mr. Warne. I afterwards handed back the unsigned receipt. I thought that was the receipt Mr. Warne meant, as he did not ask me for Mr. Herring's receipt but for a receipt. The parcel was afterwards delivered by a postman, who must have had the receipt with it. That was the only receipt I ever had.
WILLIAM WARNE , recalled, said he did not recollect giving prisoner an insured parcel on the 21st. Another man was in charge of the insured parcel, which was brought back the next morning, prisoner stating that he could get no answer at the address. The receipt was handed over with the parcel. The parcel was handed over to the next man in charge. It was delivered later in the day, and the receipt produced in the usual way.
Verdict, Guilty. Sentence, Nine months' hard labour.
NEW COURT; Tuesday, September 11.
(Before the Common Serjeant)
Prisoner having paid the costs of the prosecution, and undertaken to put an end to the nuisance, was fined £50.
CAUSTIN, Frank (23, agent) pleaded guilty , to on July 28, and August 7, 1906, uttering counterfeit coin well knowing the same to be counterfeit; also to possessing counterfeit coin with intent to utter the same. Sentence, 12 months' hard labour.
TAYLOR, George (47, hawker), pleaded guilty to uttering counterfeit coin well knowing the same to be counterfeit. Several previous convictions for larceny, including one of 18 months for robber with violence, were proved, but no previous coinage offences. Sentence, Four months' hard labour.
HICKS, William John (39, tailor), and AINGE, Janet , feloniously possessing four moulds for making counterfoil coin, feloniously making counterfeit coin, possessing counterfeit coin with intent to utter the same. Hicks pleaded guilty.
Mr. Wilkinson prosecuted.
FREDERICK WINSLEY , Inspector, H Division. On the afternoon of September 4, in company with officers Dyball and Lee, I kept observation upon. 18, Reuben-street, Bethnal Green. Seeing prisoner Ainge come out, leaving the front door open, we entered the first floor back room. Prisoner Hicks was sitting on the bed by the side of a table close to the window. There were a number of counterfeit sixpences on the table, and Hicks was doing something to the coins. I found two moulds for making sixpences one dated 1902 and one dated 1903. Ainge then came in and said, "How did you come in here? I have not been gone five minutes." I said, "I shall take yon into custody for being concerned with this man in manufacturing and possessing counterfeit coin." She said, "All right, I will came with you, but do not show me up more than you can help." Hicks, in her presence, said, "Do not take her up, she could not help it. She could not help me making them." I took Ainge to the station. She said, "I am sorry for Bill; he would not have done it had it not been for me," or words to that effect.
THOMAS DYBALL , Inspector, J Division. I went with the last witness. I produce 13 counterfeit sixpences, dated 1902, and 10 dated 1905, one good sixpence and a counterfeit shilling dated 1900, which I took from the room.
SAMUEL LEE , Sergeant, H Division. I accompanied Winsley And Dyball to 18, Reuben-street. On the mantelpiece I found a mould fastened in a clamp containing a counterfeit shilling newly made dated 1900. The mould was hot. In the oven I found another mould for making sixpences. The fire was burning, and over it was a large spoon containing molten metal On the side of the fire grate was a piece of white metal. I also found a paper parcel of plaster of pans, a paper of blacklead and a bottle of nitric acid.
MARY ANN WARREN , wife of Thomas Warren, 18, Reuben street. Ainge took the back room on first floor in my house six months ago in the name of Mrs. Horton, and occupied it with the prisoner Hicks as Mr. and Mrs. Horton at a rent of 3s. a week.
WILLIAM JOHN WEBSTER , Inspector of Coins, H.M. Mint, Coins produced are counterfeit, being 10 and 13 sixpences dated 1905 and 1902, and are made from moulds produced. Platter of paris and nitric acid are used in the manufacture of counterfeit coin.
JANET AINGE (prisoner, on oath). I am very sorry. I was out of work, and it was on account of my getting ill. Hicks kept on trying to get work. We had to send the little child away, and we had to part with nearly everything. The day before we were arrested I said If we could only make a few shillings we could get into the country and do hawking there. I do not think he would have started making these coins but for me. I am at your mercy. I hope you will deal fairly with me.
Verdict, Ainge, Guilty, with a recommendation to mercy. Convictions proved against Hicks: Three years' penal servitude on December 14, 1903. for manufacturing counterfeit coin; three convictions for larceny, two, nine, and 12 months. Sentence. Hicks, Five years' penal servitude; Ainge, bound over in £10 to come up for judgment if called upon.
Mr. Travers Humphreys prosecuted.
THOMAS MONAHAN , Detective-Sergeant, Y Division. At 12.30 a.m. on July 25, I, with other officers, went to 80, Campbell-road, Holloway, which is a tenement house, and knocked at the back room on the ground floor. The door was fastened from the inside, and was opened by the prisoner. I said, "It has come to our knowledge that you have counterfeit coin." He made no answer. The fire was burning, and saucepan (produced) containing boiling metal was on the fire. On the sideboard I found a mould for making shillings and on the mantelpiece four bad shillings, so badly made that I cannot read the date. In the oven there were traces of plaster of paris and metal. Hanging over the mantelpiece were some fret-saw blades tied with string. I found an iron plate on the table, a piece of plate glass, and a large file with plaster of paris on it. I said to prisoner, "How do you account for the possession of these things?" He said, "I met a man named Smith in a public-house in the Holloway road, and he brought them here. I brought him here out of pity." There were some woman's things hanging behind the door, and I asked him if he was a married man. He said, "Yes, but she knows nothing about it." There was only one bed. There were no clothing or traces of any other man. I told him he would be charged with possessing the mould and the coins. He made no reply. At the police station, before he appeared before the magistrate, he said. "That man's name is Street, not Smith."
Cross-examined. I know nothing about prisoner only that he has been selling salt in the street since last January.
CHARLES CAWKETT , 75, Campbell-road, Holloway. My father owns Nos. 79 and 80, Campbell-road. Prisoner rented the front parlour in No. 79 from January 7 last with a woman living as his wife at 6s. a week until June 11, when he removed to the back parlour of No. 80 at 5s. a week. I have seen him out with a barrow.
Cross-examined. I have seen prisoner with another man out with the barrow, and helping to sell salt. There was a hole in the oven, but I do not know whether the piece of iron produced was used to cover it.
WILLIAM JOHN WEBSTER , Inspector of Coins, H.M. Mint. Mould produced is a single mould for making counterfeit shillings of date 1899. It is very badly made, having a lot of holes through which the metal would run. The four shillings produced are so badly made that I cannot say whether they came out of that mould or not. The saucepan produced with molten metal in it would be a process for making bad coin. There is tome molten metal in the saucepan. The piece of plate-glass is used for making the mould. I see traces of white metal upon the file produced, and it could be used for making coins. The fret saws would be used for that purpose. The piece of iron has marks of plaster of paris on it.
(Wednesday, September 12.)
CAROLINE GATES . I have lived with prisoner at hit wife at 80, Campbell-road. On July 24 I left at 4 p.m., and was working for a friend. Prisoner had the fret taws and tile file for making a wooden clock. The piece of tin belonged to the oven. Prisoner has not done anything wrong in the room. We had the man Street in to give him a night's lodging. I believe he is a wicked man, and is always in and out of prison.
Cross-examined. When I left at 4 p.m. prisoner and Street were in the room together. I believe the fire was out. I have only two big saucepans for cooking, and have never seen the small saucepan produced, or the piece of plate-glass or the bag of plaster of paris. Street came on the Saturday, June 21. Prisoner said he was hard up, and he had brought him home because his wife was in prison and he had nowhere to go to. He took him in out of charity. I gave him a bit of food that I had. My husband was out with half a ton of salt on the Saturday, Monday, and the Tuesday. He usually went to bed at 10 or 11 p.m. Street slept on the floor on the Saturday and Sunday nights.
PRISONER (not on oath). I wish to tell the jury I am perfectly innocent. I think I must have been the victim of a wicked conspiracy. I took this man in out of charity. He left these things in my room and went on:. He had not been gone long when in walks a detective. I have committed no crime. I was going to give the man in charge, but the police came in too quick. I was waiting to give the man in charge to show the police what he had left there, and the police walked in. I have committed no crime. I never have and never will. I have not been in the hands of the police before.
Verdict, Guilty. Sentence, 15 months' hard labour.
OLD COURT; Wednesday, September 12.
(Before Mr. Justice Bucknill.)
Mr. B.A. Smith prosecuted.
EMMA JONES . I am a married woman, not living with my husband. For some time previous to the end of July I was living with prisoner as his wife at 47, Dante Road, Newington. He is an engineer's labourer; he worked on and off. Home necessaries were provided through men friends of mine.
By the Court. That means I was carrying on a disreputable life and got money from them.
By Mr. Smith. Sometimes I took men home to my room. The prisoner knew it, and did not like it, but there was no help for it. On Friday night, July 27, I got home at 12.45. Prisoner said I was late, and hit me about the head and neck with his fist. I screamed He said he would stop my screaming, and hit me a heavy blow with something I did not see. I had my back to him, and was leaning over a chair hiding my face. It stunned me. When I became conscious I was bleeding, and he helped me get to bed, and stayed with me all night. He seemed sorry for what he had done. I was fainting all night
from loss of blood, and he was giving me water. He said he would take me to the hospital, but I would not go. He was angry, and said he ought to have finished me. I dressed and went with a friend to St. Thomas's Hospital. When my wounds were dressed they gave me an order to go to the infirmary. I thought I would rather go home. They said it was dangerous for a time, and I went to the hospital four times.
By the Court. I did not hit him. I paid the rent and kept the place going. I did not say before the magistrates I gave him no money. I did not put up a knife and say I would knife him. We did not struggle together on the floor, and he did not take a knife from me. I did not pick up the tongs and go to strike him. There was no fighting or struggling.
LIONEL EDWARD NONBURY , a qualined medical practitioner. On July 311 was casualty officer at St. Thomas's Hospital. On the afternoon of that day Emma Jones came to the hospital. I examined her, and found she had a large scalp wound at the top of the head, at the back, about five inches in length; it went down to the bone at one place, and there must have been very severe violence used. I should not say it was caused by a fall. It is quite possible the wound was caused by the poker produced. She was very pale; pulse not good; she had apparently lost a good deal of blood. I only saw her twice; my colleague saw her afterwards. The wound has healed. It might have become dangerous; in fact, for some days the was in a critical condition as an abscess formed in the wound.
JOHN BEARD , Detective-Sergeant, L Division. About 10.30 a.m. on July 31 I saw prisoner in Borough Road. I said, "What is your name?" He replied, "Saunders; I know all about it; I am not going to run away. Is she dead 1" I replied, "No; I am going to take you into custody for unlawfully and maliciously causing grievous bodily harm to Emma Jones on Saturday last." He said, "I could not help it; the provoked me to do it." He was taken to Kennington Lane Station, where the poker was handed to me. He said, "That poker was not like that when I left it—it has been done by somebody else."
PRISONER. He asked me whether I had done her in I asked if it had killed her. He said, "No, she is all right." I have no further statement to make, except what I have handed in.
Prisoner's written statement. On the night of July 27 I was at 47, Dante Road, when she came home at 1.30 the worse for drink. We had been out together and had two or three drinks. T left her and went back She said, "I am going to get a bit of supper; I won't be long." That was just after 11 o'clock. When she came back I asked her where she had been. She said, "What has that to do with you? You are nothing to me. I shall come home when I like." I said, "You will ruin
yourself if you go on drinking and carrying on like this." She said, "You know what to do if you don't like it." I said, "This is all the thanks I get for taking you from a bad life." She then fell into a temper. I accused her of being out late and doing no good. She said she would knife me, and we fell on the floor, and she picked up the tongs and went to strike me on the head. I then picked up the poker and struck her back, in self-defence.
Verdict, Guilty of unlawfully wounding without intent to murder. Sentence, Three months' hard labour.
Mr. Beaumont Morice prosecuted.
ELIZA MILLARD . Prisoner is my husband. We lived at Harringay. On the night of July 31 we were in bed. I awoke by his sawing my throat with a pen-knife produced. I jumped out of bed, and caught hold of him, and after a time quieted him, and he put the knife away. He said he was doing it because somebody else outside wanted to murder me, but he would not let them, and would do it himself; he did not want me to be "mangled." I went downstairs into the kitchen and sat there, but occasionally watched him. He came down and took some matches up. I saw some light in my son's bed-room, and thought he had come in. I went up and found the curtains burning. I put them out, and then I saw a flare downstairs. I went down and put that out. I saw my husband in the room with a poker in his hand and he hit me on the head with it as I turned to throw the blind out. He said he would kill me. My son came down and I saw some policemen outside and my son got one. Prisoner was taken to the station. He brought a table knife out of his pocket in the bedroom. He said it was for someone outside who meant to come in, and he wanted to protect me. He was under Dr. Savage nine years ago for his head. He had been drinking and a little affects him. It was the heat that finished him off I am sure. July 31 was very hot. He is a quiet, affectionate husband when all right, and is a good man. He had not the faintest idea what he was doing. The wound was really nothing. I was frightened of the fire—nothing else. I was not hurt by the blow on the head.
Verdict, Guilty; but not responsible for his actions at the time. Ordered to be detained in Brixton Prison during His Majesty's pleasure.
Mr. Kenrick prosecuted.
BRIDGET EDWARDS , widow, 9, Francis Court, Barclay Street, Clerkenwell. On Saturday night, August 4 last, I was in "St. John's Tavern" with my two sons, Charles (the deceased) and Thomas and his wife. Prisoner was in the opposite bar; he beckoned to deceased and I said, "He is not coming." He beckoned again, and I said, "Go and see what he wants." They went out and I followed shortly after, when I saw Charles lying on the pavement insensible. He was taken to the hospital.
THOMAS EDWARDS , carman. I was with my mother and brother Charles when prisoner beckoned to Charles. They left the public-house and I went out about a minute alter and saw my brother on the ground insensible. I assisted him to the hospital.
Cross-examined by Prisoner. I only knew you by sight.
JAMES BRANON , carman. Prisoner came into the bar where I was on the night in question. He called deceased across and said, "I want you outside." On calling him again they both went out. I followed them. Prisoner said to Charles, "You have insulted my wife," and hit him on the left jaw. He fell to the ground and never said no more. I went to his assistance and his brother came out of the bar and helped. We tried to give him water, but he would not take it. Prisoner hit deceased with his right hand [describing with open hand]. I can't say whether open or clenched. He fell backwards.
JOHN NORRIS , 19, Little Northampton Street, packing-case maker. I know the last witness, and was in the public-house at the time in question. I followed them out of the bar. Prisoner said to deceased, "What did you insult my wife for?" Deceased said, "I don't know your wife." Prisoner brought his right hand round and hit him on the left jaw and he fell. I helped to remove him.
By the Court. I do not remember saying before the coroner, "Branon came back to the public-house and said, 'There's a bit of trouble outside.'" I went out with Branon. I did not see whether prisoner struck deceased with hit hand clenched.
ROBERT FOSTER MOORE , House Surgeon, St. Bartholomew's Hospital. Charles Edwards was brought in about midnight on August 4. He was unconscious, and it was clear, later on, that he was suffering from some serious brain injury. An operation was performed three hours later. He had a fractured skull, brain hamorrhage and laceration. He died four hours after. A post-mortem was held. He had blood over the right side of the brain, and the brain was lacerated each side. The cause of death was laceration of the brain and pressure of blood. The fracture of the skull would be consistent with his falling on the pavement, which would account for the laceration and haemorrhage.
PRISONER (not on oath;. I went up to buy some bananas and started out with my barrow on Saturday morning. I saw Edwards in the garden, and he asked me to have a drink. I said, "I have not enough money to treat you back or I would." He said, "It don't matter. I shall meet you at Mr. Wright's to-night." When I came out there was a fight outside so I went away. I met Edwards at Mr. Wright's and thought I would like to treat him and beckoned him out. His mother said, "He is not coming." I said, "Only for a minute," and he came outside and I smacked him by the side of the face and said, "There's no harm in me if there's any harm about," and he fell down.
Verdict, Guilty, with a strong recommendation to mercy. Prisoner received a good character. He was released on his own recognisances in £10 to come up for judgment if called upon.
Mr. Symmons prosecuted.
ALICE LITTLE , 157, Hampstead Road. I have been married to prisoner over 22 years, and was separated from him on June 1 last by order at Marylebone Police Court. Nine weeks after the separation I received the following letter from prisoner: "This is to let you know that I am not going to starve while you have 25s. a week. Remember I am your husband still, and remember you Left me after 25 years of married life to suit yourself, for no reason on my behalf. If it had not been for the lies you and your tribe told the magistrate you would not have got a separation, and your solicitor, who was found for you If I don't hear from you between now and Monday I am coming to see you. I am in earnest. You can show this to the police or the magistrate, or any of your pals; for I am ready, come what may.—I remain, WALLACE LITTLE, once your loving husband." I saw him on July 31 outside where I work as an upholsterer in Hampsrtead Road. He came up and said, "Have you had my letter?" I said "Yes." He said, "What are you going to do?" I said, "You can't expect me to do anything, for you have wilfully broken up my home, and I am keeping myself and children and trying to renew the home." He said, "I don't intend standing this any longer. If you don't make up your mind between now and Saturday, you won't live three days—I am not kidding—I mean it." I said, "I have nothing to spare," and walked on. I saw him again on August 7 at the corner of Netley Street. I said, "Oh, can't you let me be in peace?" He said, "It will be all peace with you
when I have done with you. Now I have got you I am going to finish you," and he struck me about the head several times with a hammer [produced]. Somebody seemed to stop him, and then he seemed to take hold of me and threw me and I fell in the road. I was taken to the hospital, and, after my head was dressed, they took me in a cab to the police station. I was a patient at the hospital for eight or ten days. The wound it now healed.
Prisoner. I don't recollect anything. I have nothing to ask.
By the Court. He seemed sober and spoke like one in hit senses. I thought he was going to ask me for money. He came to me quite calmly and took my two hands, and drew my face on to his coat and struck me with the hammer.
ALICE TORR , daughter of prisoner. Father asked me at the beginning of August, "Has your mother told you anything about the letter I wrote her?" I raid, "No, father, she hat not told me anything." He said, "I will tell you. It is this—if your mother does not help me by Saturday I shall kill her, and if you are anywhere about there I shall kill you too. I can't live on nothing—I am starving." He said he would kill the three of us. I saw him again next day in the street. I said, "Hullo, dad!"He said, "Did you tell your mother what I told you to?" I said, "Yes, father, and mother says she it not going to have anything to do with you, and has quite enough to do to keep the children." He said, "My mind is made up, I shall come to the house and kill her." He was quite sober and seemed to understand what he was saying.
LOUIS SIMMONS , 16, Great Russell Street. On August 7, about 8 a.m., I was in the Hampstead Road and saw prisoner and his wife. He was striking her with a hammer. He held her with his left arm by her blouse, and had the hammer in his right hand. I caught hold of his right arm, and another gentleman took the hammer from him. I asked him what he had done that for? He raid, "You don't know what the has done for me. I meant to kill her." He said he was going to give himself up and that he had a knife in hit pocket. He went down Robert Street and Stanhope Street, and then he was given in custody by Mr. Flatt.
ALBERT FLATT . I saw prisoner strike his wife with a hammer three or four times. A young man took the hammer away, and I followed prisoner up and gave him in charge. He told me to beware as he had a knife in his pocket. I saw it there.
WILLIAM TOBIAS , Police-constable 387 S. From information I received I went to Stanhope Street, when prisoner was pointed out by the last witness. He said, "I did not mean to run away, constable. I meant to kill her." He was taken to the station, where his wife charged him. This hammer was handed
to me by Flatt. The knife was in his pocket. He was sober and seemed all right.
HUGH BRINDLEY OWEN , House Surgeon, London Temperance Hospital. I saw Mrs. Little about 9 a.m. on August 7. She looked rather pale and had a curved wound on the top of her head about 11/4 in. long. The edges were rather jagged. It went down as far as the membrane covering the bone over the right ear about 1/8 in.; 2 in. above the right ear was a small wound about 1/4 in. long. On the left upper arm there was a bruise, and on the left forearm an abrasion of the skin. The wound on the head might have been caused by the hammer or any blunt instrument. Not a great deal of force would be required. The wound healed in seven days. I see no reason why she should suffer from after ill-effects. The whole skull is a dangerous part to be struck by such a weapon.
Prisoner's statement before the magistrate: I am very sorry. I was not in my right mind, and have not been since she got a separation from me without cause. Had I been in my right senses I would not have done it. (By the Court.) I have not been out on bail. I told some witnesses to come yesterday.
Prisoner handed in a written defence, repeating his former statement, and alleging that his wife left him prior to her getting the separation order, which she obtained by untruly stating that he ill-used her—that she could not have been much injured or the doctor would not have let her go to the police-station to charge him—that on one occasion he cut his throat owing to her conduct towards him, and that she afterwards got some poison and put it on the mantelpiece for his daughter Maud to give him.
ALICE LITTLE , recalled. I never bought poison and gave it to Maud to give him. He had been drinking very hard, and had not done any work for a considerable time. He came home in a cab the Saturday previous to the Easter that he cut his throat. He was indebted to his landlady and I said, "You ought to know better than to come home in cabs." He said, "If I have any of your language and cheek I will give you something for yourself." I said, "Keep your dangerous hands to yourself." and he beat me severely. I took out a summons at Clerkenwell, but instead of my appearing I said to him, "Do you think you can alter if I do not go there to-day?" He said, "Yes: I know I can." I said, "You can if you try," and he promised, and I said I would not go there. He went to work on the Tuesday that he cut his throat.
Prisoner. She has made all this up.
Verdict, Guilty. Sentence, seven years' penal servitude.
NEW COURT; Wednesday, September 12.
(Before Mr. Recorder.)
SMITH, Thomas (35, labourer) ; stealing a box valued at 1s. 4d. and the sum of 1s. 1d., the goods and money of the Governors of the Royal Hospital for Children and Women, Waterloo Road, and feloniously receiving same.
Mr. Howard Gritten prosecuted.
The box was stolen from one of the bars of Peele's Hotel, Fleet Street, and prisoner was captured in Chancery Lane with it in his possession. There were previous convictions.
Prisoner stated that up to 1904 he was billiard-marker and barman, but had now lost his references, and could not get a situation. On the evening in question he had been down to the "Morning Advertiser" office with an advertisement, and that accounted for him being in Fleet Street. Seeing the box on the counter, and hearing the money rattle within, he was tempted to take it.
The Recorder said that as he thought prisoner was the victim of a sudden temptation he would ignore the previous convictions, and sentenced him to nine months' imprisonment.
Mr. Latham prosecuted.
ANNIE COHEN , single woman, 14, Little York Street Bethnal Green. On Monday, July 30, at a quarter past nine I left my house, and as I came to the corner of the street these two men came up to me. Smith snatched my purse and ran away. I had a chain twice round my wrist. The chain was broken. I shouted, and Leslie punched me in the back of the neck, and then got in front of me and punched me in the chest. There were several other men there. I have known Leslie about the neighbourhood for five or six years, and have no doubt he is the man who struck me. The purse contained about 25s. 3d., and was worth about 2s. 6d. The two men ran away, and Smith was stopped by a policeman. I saw Leslie the same evening ten minutes or a quarter of an hour after the robbery. On August 2 I saw Leslie at the police station, and was able to pick him out from amongst other men without hesitation.
ROSE COHEN . I was with my sifter (last witness) at a quarter-past nine on the evening of July 30. I saw the prisoner Smith snatch the purse from her arm. I also saw prisoner Leslie there. He got behind my sister, and punched her in the back of the neck. He said something to her, and then he got in front of her, and punched her in the chest, and put his foot out to trip her, but my sister kept up. Smith was arrested and
taken to the station. I saw Leslie on the way there following behind. There were a lot of other men there. It is a roughish neighbourhood. I did not give him in charge at the time because I was afraid, and hung back. Half an hour afterwards I saw Leslie again in Shoreditch. He came up to my sister and asked her whether she was going against his friend. My sister and I tried to get away; we did not know what to say to him, and we should soon have had a crowd round. Leslie said he would give my sister the value of what she had lost if she would not go against him, because if she did he would be "sent home," otherwise sent to prison, and he asked her to meet him in the morning at the corner of Old Shoreditch Church, which is close by the police court.
HENRY MARTIN COBHAM , police-constable 113 H Division. On July 30, about nine o'clock in the evening, I was on duty in Change Street, when I heard a woman screaming "Stop thief!" Turning round, I saw prisoner Smith running out of Little York Street. I was in company with another constable, and he ran into our arms. I said, "What is up now?" He said, "You must have made a mistake, governor." He dropped the purse produced, which the prosecutrix came up and identified. I then took him to the station.
ALBERT SUTTON , police-constable 361 H. I was with last witness when prisoner Smith came running round the corner into his arms. I saw Cobham pick up the purse, which Smith dropped at our feet. The prosecutrix alleged that she had had her purse snatched by Smith, and had also been assaulted by another man. She pointed out Leslie as the man who had assaulted her. He was with a lot of other rough men. I had known Leslie for some time, and have no doubt he was the man who was pointed out to me on that evening. I did not arrest him at the time on account of the crowd of his hostile associates, and I was apprehensive that if I arrested Leslie the women might be seriously assaulted.
HENRY DESSENT , police-sergeant. On August 2, about eight o'clock I went with another officer to 24, Felton Street, where I saw prisoner Leslie in bed. We told him he would be arrested on suspicion of being concerned with Smith in assault and robbery. He said, "I know what you want me for, that job the other night with them cows in Ebor Street. I did not come back from Southend until Saturday night," I took him to the station after some difficulty, and he was there identified by all the witnesses. When charged at the station he said, "It is just my luck." and, turning to the prosecutrix and her sister, he said, "You f——ing cows, if I am nut away for this I will put aid to you when I come out." Leslie said nothing about Smith being a stranger to him, and, as a matter of fact, I know that
they have been friends for years, having frequently seen them together.
LESLIE stated that on Monday, July 23, he was with two men selling bundles of props, and on that day they worked round Seven Kings, and got into Romford, where they lodged the night. On the following day they went to Brentwood, where they brought some props from Brentwood on to Billericay, where they bought more props, and so worked their way to Sotuthend. Returning from Southend, they came again to Billericay, where they bought ten bundles of props for 9s. 6d. That was on the 28th, so he could not have been in London on the 26th. On July 30 he lodged in a place at Romford.
WM. COOK , 36, Shadbolt Street, Bethnal Green, pedlar. On July 23 prisoner Leslie went with me to Romford, and afterwards to Billericay and Southend. We were away nine days, and returned to London on July 31 (Tuesday), at 6.30 in the evening. On Monday we were at Romford, and worked the place with clothes props. We slept that night at No. 4, Waterlow Road, Romford, which is not a lodging-house, but a private house. (Witness produced a photo of himself, prisoner, and a companion, showing also ten dozen of props on a barrow.)
Cross-examined. The photo was taken on Saturday afternoon. A man said, "I will take your photograph for 4d." It was early in the afternoon outside a gateway. We worked Romford on the Saturday and Monday, and sold some of these goods. I do not know Smith, the other prisoner. He is a perfect stranger to me. I was in a little trouble myself six years ago. I am not ashamed to own it. I had eighteen months. I have since had trouble with the police on six occasions on account of drunkenness; but nothing else. I know a man called Dummy Roberts. I do not know Harry Clift nor Cotton. I know Dairs. I do not know Ginger Murray, nor Echo, Harding, or Foster. Dummy Roberts is a relation of mine. As to whether he has been convicted many times for felony, that has nothing to do with this case.
Verdict, Guilty against both prisoners. Both confessed to previous convictions.
Detective-sergeant DESSENT said he had known both prisoners for some years. Smith was an associate of the worst characters in Bethnal Green, Whitechapel, and Spitalfields. Leslie had been one of his associates. They went about at night three or
four together, their only object in prowling about being to meet with some one who was drunk, a female, or an old man, and when they were not able to take their property without violence they were not slow to resort to it. Smith on one occasion when arrested was very violent and gave great difficulty to the police, and both prisoners were an absolute terror to the neighbourhood. Prosecutrix and her sister were respectable young women who worked hard for their living. The names mentioned by Mr. Latham in cross-examination were the associates of the prisoners.
Sentences. Smith, six years' penal servitude; Leslie, seven years' penal servitude.
THIRD COURT; Wednesday, September 12. (Before the Common Serjeant.)
CHARLTON. Alfred (32, coster); pleaded guilty to breaking and entering the warehouse of Felix Pavia and stealing therein the sum of £3 7s. 7d. and a locke:, his moneys and goods, and feloniously receiving same; breaking and entering the warehouse of Walter Whitmore Clark and stealing therein the sum of £4 9s. and a box of dominoes, his moneys and goods, and feloniously receiving same; breaking and entering the warehouse of Charles Lane and stealing therein one razor and case and other articles, the goods of George Malcolm Fox, and feloniously receiving same; breaking and entering the warehouse of James Ashby, with intent to steal therein. Prisoner confessed to being convicted of felony at this court on January 9, 1905, in the name of Louis Charlton.
CHARLES. S. PEARCE , Police-constable 45 City, proved six convictions for warehouse breaking, including sentences of three years' and four years penal servitude, and a number of summary convictions for unlawful possession of property and as a rogue and vagabond.
Sentence, five years' penal servitude, followed by three years' police supervision.
PRICE, Alfred (32, stoker) pleaded guilty , to breaking and entering the shop of Arthur Joseph Hawes, with intent to steal therein. Three summary convictions of two months' hard labour each were proved for wilful damage. Sentence, 12 months' hard labour.
LUDGATE, William (39, labourer) pleaded guilty , to stealing a pony, a set of harness, and a cart, the goods of Frederick Rogers, and feloniously receiving the same. prisoner also confessed to being convicted at Chelmsford on April 8, 1903, for
obtaining a trap and harness by false pretences. Another conviction was proved. Sentence, 12 months' hard labour.
JAMES BETTS , licensee of "King William IV." public-house, Wandsworth Road. On April 12, at about 10 p.m., prisoner called for a drink and tendered counterfeit crown piece produced. On my telling him it was bad he became abusive and was given in charge, taken to the station, and after inquiry discharged. At the station he said it was I who abused him. So I did. I told him what I thought of him. When I was giving evidence at the police court on this charge, prisoner interposed and said he was very drunk. Had he been drunk I should have had nothing to do with him.
Cross-examined. Had he been drank. I should not have served him. One's reputation wants defending in these days. I say he was not drunk. He also said he was drunk on the occasion he offered Mrs. Fuller the half crown. I do not know why his statement that he was drunk when tendering a crown to me is left out of the depositions. I could not positively say the remark was made while I was giving my evidence. prisoner paid for his drink afterwards. At the police-station the officer refused to take the charge. I knew nothing about prisoner when he tendered the coin to me.
HARRY WHEATLEY , 917 W. On April 12 the last witness gave prisoner in charge for tendering a bad crown piece, produced. prisoner on the way to the station said, "I did not know it was bad. I had been saving up for the holidays. If you want to know my character go to the South-Western." I searched him; he was quite willing, and found 1s. 6d. in silver and 4d. in copper in good money on him. The charge was not taken. I identified prisoner on August 20 as the man who offered the crown piece.
Cross-examined. prisoner never did deny he tendered the bad 5s. piece. I know prisoner's name is William Coombes, which is the name he gave, and everything he told me on that occasion is correct.
SARAH FULLER , dairykeeper, 8, Claylands Road, Clapham, widow. On August 16 prisoner bought three penny eggs at my dairy, and tendered a half-crown, like the one produced, in payment. I gave him a florin and three pennies in change. Thinking the half-crown was bad, I sent my son after prisoner, and he was brought back by a policeman. He refused to be searched in my dairy. There was a great crowd in the street, and someone called out to prisoner, "Come on, Bill" before he was arrested.
Cross-examined. I served prisoner. There was no one else in the shop. I gave him three eggs in a bag, a 2s. piece, and
three pennies. I remarked nothing unusual about the prisoner. I thought the half-crown was wrong at once, hut I thought I would be quite sure, and consired it with another one. By the time he had got down the step I discovered it, and called to my son quickly to stop him and ask him for the change. When he came back I asked him for the 2s. 3d., and if he had given me the 2s. 3d. I would have been satisfied. He refused He said he had not been in the shop; he knew nothing about it.
THOMAS FULLER , 8, Claylands Road, son of last witness. I raw prisoner as he came down the step out of the shop. He was a little way up the road when my mother called to me. He was running across the main road when I got up to him. He then turned round and sat down on the railings. I told him he had given my mother a bad half-crown. He said, "I do not, know what you are talking about." I told him he had been to the dairy in Claylands Road and given my mother a bad half-crown, and I should follow him until I saw a policeman. Then my mother came up, and he refused to give up the change to her. Then he crossed the road again. I fetched Policeconstable Ashwell. My mother handed me the coin, and I gave it to the policeman.
Cross-examined. I swear it was the prisoner who came out of the shop. He was sober. I did not see any eggs at all.
JAMES ASHWELL , Police-constable, 214 L. On the evening of August 25, at about 8.25, I was spoken to by the last witness in the Kennington Park Road, and accompanied him to the Brixton Road, where he pointed out to me the prisoner, and said to him, "You gave my mother a bad half-crown for those eggs you bought." prisoner said, "I have no eggs, and I have never been in your shop." I then took him to 8, Claylands Road, where Mrs. Fuller said, "You gave me a bad half-crown for those eggs you purchased." prisoner repeated that he had never been inside her shop. Prosecutrix said she was certain of his identity. I took him to the police-station, he was charged and made no reply. I found upon him a florin, a shilling, and three pennies. He gave his name as William Oswell.
Cross-examined. Mrs. Fuller did not pick prisoner out of a crowd. prisoner denied passing the bad half-crown. He made no objection to my searching him. All the money upon him was good. I found no evidence of eggs being thrown away. He had had a glass or two of beer.
Police constable HARRY RUDDIFORD. prisoners real name is William Coombes. The address he gave was correct.
Cross-examined. I have made inquiries about his character. He has been six years in regular employment as a labourer.
So far as I know there have been no charges against him except the present.
prisoner's statement before the magistrate: I was the worse for drink and I cannot remember a thing that happened that night. When the constable took me to the station I could hardly stand on one leg. I had had the previous week at a holiday from work.
PRISONER (on oath). My name is William Coombes. I gave the name of William Ashwell because I did not want my wife to know I was locked up. I thought I was arrested for being drunk. I had not been to work that day. I had been enjoying myself. I came out with 10s. in the morning, and it was about nine o'clock when I was arrested. I could not remember ever going into the shop. I had no false coins in my pocket to my knowledge. I remember tendering the bad crown piece in April last. I did not know it was bad. I have been employed by the railway company for six years and five months, and am in regular employment. I am paid piece work, and receive from £1 7s. to £2 12s. a week—averaging about 34s. I was not pressed for money. I had just had a week's holiday and had my money given me.
Cross-examined. I often have a crown piece. When I tendered the bad crown in April last it was Saturday night and I had changed a sovereign somewhere. It was part of my pay. I do not know where I got it from. On August 16 I was strongly intoxicated and if do not know whether I went into Mrs. Fuller's shop or not.
ELIZABETH JANE COOMBES , wife of prisoner. Prisoner has been employed by the London and South-Western Railway Company ever since we have been married—nearly six years. He contributes to my keep, and is in every way a good husband and a respectable working man.
Cross-examined. I have known my husband to get drunk—perhaps ten times in all.
Verdict, Not guilty.
Mr. Wildey Wright appeared for the prisoners.
Previous convictions against John Walker: Five years' penal servitude in Manchester in 1883; seven months for attempted burglary, July 14, 1905. In New York—three years for burglary in October, 1878, under the name of Warren; one year for burglary on April 15, 1893, in name of John Wogan. In. St. Louis, March, 1895—six months for burglary in name of James West. In Baltimore, March, 1896—ten years for burglary in name of John Waldron.
Mr. Wildey Wright objected that there was no legal proof of any conviction except the seven months in 1905. His lordship considered the correspondence and photographs produced.
Sentence. James Walker, five years penal servitude; Elizabeth Walker, bound over in recognisances £10 to come up for judgment if called upon.
DESMOND, Robert (19, groom), LAWRENCE, Harry (22, cycle maker), WILSON, Thomas (21, clerk) ; breaking and entering the warehouse of Albert Baudet and stealing therein the sum of £6 18s. 11d., divers postage stamps and other articles, his moneys and goods, and one overcoat, the goods of Alfred Geer, and feloniously receiving same.
Mr. C.W. Kent prosecuted.
Lawrence and Wilson pleaded guilty.
FREDERICK LLOYD , Police-constable 611 City. On July 21 I was on duty in Gutter Lane, City. At 6.5 a.m. I saw the prisoner Desmond walk slowly through Gutter Lane into Gresham Street, along Gresham Street, round St. Martin's-le-Grand into Cheapside, where he was met by a second man not in custody. They then went into Gutter Lane, remained there two minutes, walked through Goldsmith Street into Wood Street, into Cheapside, and into Gutter Lane again. They stopped outside No. 34 and then separated, Desmond again going into Gresham Street, round the Post Office into Cheapside and into Gutter Lane again. He was there joined by the second man; they walked down to No. 34, and I saw Desmond look up at the first floor and point towards Cheapside. They again separated, Desmond walking down into Gresham Street. It was then. 7 a.m. I went to him and said. "I have been watching you since just after six. Will you explain your business?" He said, "I am waiting to go in to work. What do you think?" I asked him where he worked and his name, and he said, "Davis, and I am in business for myself." I took him to the station, and in the first instance he was charged with being a suspected person frequenting those streets. The iron bar produced was found beneath his waistcoat. He made no reply to the charge.
Cross-examined. He did say his name was Davis.
OLIVER POINTER . Sergeant 31 City. I was informed of the arrest of Desmond, and, in consequence, observation was kept upon certain premises in Gutter Lane. At 8.20 a.m. I went inside No. 34, and found a wareroom door on the first floor had been attempted to be forced. There were marks showing a jemmy or chisel had been used. On the second floor I found the lavatory door secured. As I was about to force it open it was unbolted. I went in and found the prisoners Lawrence and
Wilson. Lawerence had a bag containing a drill, a bicycle; lamp, bunch of keys, two jemmies, and two screwdrivers. They were arrested and taken to the station, where, in the presence of Desmond, Lawrence said to me, "They have not pinched the chap that was outside, have they?" When they were charged Desmond said to Lawrence, "Do you know me?" He said, "I must do if they say so." I then returned to No. 34, Gutter Lane, and found that on four different floors had been broken into Mr. Baudet's office it on the second floor. That was broken open, and two drawers forced. On Lawrence I found 130 postage stamps, one silk necklet, three silk handkerchiefs, £5 8s. in money, two watches, two keys, two brooches, and other things. On Wilson was found £2 13s., a leather case containing eight cigars, a case containing a pawn ticket for a coat, a pair of spectacles in a case, three pain of pince-nez, tobacco pouch, and knife.
WILLIAM LLOYD , clerk to Klotgen and Co., 34, Gutter Lane. On August 20 I locked up Messrs. Klotgen's premises on the first floor, and took the padlock and key of the outer door to Messrs. Baudet. On August 21 I unlocked the outer door at 8.20 a.m. Finding our door had been tampered with I called in a constable, who arrested Lawrence and Wilson in the lavatory. Behind the closet I found several silk scarves and a case with seven cigars.
(Thursday, September 13, 1905.)
ALBERT BAUDET , electrical manufacturers' agent, 34, Gutter Lane. On August 20 my premises and the outer door were locked up by my clerk in my presence. The next morning I found my office had been broken open and things strewed about. We missed £6 18s. 11d., stamps to the value of 7s. 6d., and other things. I have seen the prisoner Desmond in my office. He came several times asking to buy job goods. He never bought any.
ADA PEARSON . I have been clerk to A. Baudet for twelve years. I identify the watch produced as mine, taken from my desk on August 21. I have seen the prisoner Desmond in our office asking for job goods on several occasions. He has never bought anything.
Cross-examined. I cannot say when I have seen the prisoner. It might have been within the last year, but I could not say definitely. I have seen him two or three times, perhaps more. He certainly has spoken to me, and if he asked for job goods I may have replied, "We have none to sell."
WILLIAM LAWRENCE , Detective, City Police. I examined the premises, 34, Gutter Lane. The doors were all broken about very badly. I saw the three prisoners in the dock at the station. When charged Lawrence said to Desmond, "I did not tell him where to come." Desmond said to Lawrence, "I know that tart," meaning Ada Pearson, who was in the charge-room. We have seen her in the place." Desmond also said to Lawrence, "Where did you get nicked?" He was also making signs to Lawrence and Lawrence making signs to him while in the dock.
EDGAR RHODES , barman, "Goldsmiths' Arms." Gutter Lane. On Friday, July 20, between 4 and 5.30 p.m., I saw Desmond in the bar in company with three other men, two of whom I identify as Lawrence and Wilson. They were in the bar for about an hour up to 5.30, when I went to rest and left them in the bar.
Cross-examined. At the Mansion House I said I recognised Desmond by the cut of his clothes and the colour. I took particular notice in the bar, because our trade is all regular trade and we have very little chance trade, so I notice strangers. I judge of Desmond by the cut of his clothes, not by his face.
Desmond's statement at the police court: The first charge I was charged with was frequenting as a suspected person, to which charge I shall plead guilty. As regards breaking and entering, I say nothing here.
Verdict, Guilty. Convictions proved: Desmond, three months, frequenting and attempting to pick pockets, and fined 20s. for disorderly conduct; Lawrence, three summary convictions for larceny; Wilson, two summary convictions for larceny. Lawrence and Wilson, were said to be the associates of thieves. Sentence, Desmond, 18 months' hard "labour; Lawrence and Wilson, five years' penal servitude.
FOURTH COURT; September 12.
(Before Commissioner Lumley Smith.)
Mr. Coumbe, for the defendant, applied to quash the indictment on the ground that there was no special averment negaliving
the oath. In support of application, counsel read from Archbold, page 1006; "Next as to the assignments of perjury. They must be by special averment, negativing the oath, or some part or parts of it. Merely saying that the defendant falsely swore so and so would be bad and even perhaps ground of error. See Rex v. Perrott (2 Maule and Selwyn, 379; 15 Rev. Rep., 380)."
Mr. Rhys, who appeared to prosecute, said that, in the face of the authorities, he had no answer.
The indictment was quashed.
EMIN, George (35, carpenter) ; stealing a bicycle, the goods of William Lewis Pugh, and feloniously receiving the same; also, assaulting Joseph Allen, a City of London police-constable, with intent to resist the lawful apprehension of himself.
prisoner pleaded Guilty to the first charge and Not guilty to the assault.
Mr. T.E. Morris prosecuted, and offered no evidence as to the assault.
Police-constable GREENGLASS, 62 J R. prisoner was committed at North London Sessions in November, 1902, for stealing £21, and was sentenced to eighteen months' hard labour, and there are several other convictions. He is well known to have been connected with some large robberies, but we have not been able to prove it.
Detective-sergeant HANLEY. Prisoner is an associate of some of the worst burglars. He is looked on at one of the most dangerous men.
Sentence, two years' hard labour.
JOHN SUNNEX , porter, 64, Richard Street, Commercial Road. On July 18 I was passing the post office in Monument Street and saw Mrs. Holloway and prisoner and another man with him. I saw prisoner put his hand in his jacket pocket and lift up the skirt with the other hand and draw something out of her pocket. They both ran between two vans, and I watched them. I waited for the men to come out, and I saw prisoner come out by the horse's head, and I caught him and asked him to give the lady her purse back. He said, "I have not got the purse." I said, "If you do not I shall charge you." I saw a constable and he came. I am sure prisoner is one of the men.
WILLIAM FOSTER , porter, 39, Cheltenham Street. On July 18 I was in the neighbourhood of Monument Street, and saw Mrs. Holloway, and I noticed the prisoner following her behind. He lifted up the lady's dress and brought something out of her
pocket. Then he made off between the vans, and I went after him. The other man got away.
MARIA HOLLOWAY , wife of Reuben Holloway, 76, Brocklehurst Street, On July 18 I was walking along Monument Street, and William Foster spoke to me, and I found my purse had gone; it contained 5s. 6d. in silver. The coppers and keys were left in the pocket. I did not see the prisoner.
To prisoner. I did not see you, and I did not see you lift up my dress. I did not know I had lost my purse until William Foster spoke to me.
ALBERT HENDON , Police-constable 882 H. On July 18 I was called by William Foster to Lower Thames Street, and I found prisoner being detained by Sunnex. They said prisoner had taken a purse, and I sent Foster up to the prosecutrix to have her brought back. prisoner had a false pocket in his coat, and there was no lining in it.
Sergeant NEWELL gave evidence of a large number of previous convictions against prisoner, beginning with four years' penal servitude on. December 30, 1862. He has known prisoner some years, and his victims have generally been persons with babies in their arms or elderly women, and he generally works with another man in pocket-picking.
Sentence, eighteen months' hard labour.
Mr. T.E. Morris prosecuted.
GEORGE HARRIS . 12, Oakley Road, New Southgate. I employed prisoner to collect debts and entered into the agreement produced on January 9, 1906. Mrs. Hunt was a customer of mine, and she owed me 12s. 71/2 d. The only amount I received from prisoner was 2s. 6d., sent by post on February 20 last. Prisoner made several appointments with me, but failed to keep them. He paid me nothing whatever except the postal order. I received a letter on February 20. I wrote to him to ask him to pay me the sums.
Mrs. RHODA HUNT, 24, Oakley Road, New Southgate. I had an account with Mr. Harris, and I owed him 12s. 71/2 d. prisoner came on January 25, and I paid him 6s. for which he gave me a receipt (receipt produced). About a fortnight afterwards he came again, and I settled the account. I do not owe Mr. Harris anything now.
ARTHUR WHITE , Detective, Y Division. On August 15 I received prisoner from Brighton. I read the warrant to him. He said, "I used Mr. Harris's money to buy the children food—I could not see them starving. I thought I should be able to
pay Mr. Harris back, and I had no intention of robbing him." I took him to New Southgate Police Station.
Verdict, Not Guilty.
CLIFFORD, Clarice (31, dressmaker) ; forging two orders for the delivery of goods with intent to defraud, also obtaining by false pretences from Ernest Hodges a pair of boots with intent to defraud. Prisoner pleaded guilty to obtaining goods by false pretences and not guilty to the charge of forgery. Prosecution did not proceed with the charge of forgery. Prisoner was released on her own recognisances to come up for judgment when called upon.
MARTINUCCI, William Eugenie Nye (30, no occupation) pleaded guilty , to forging and uttering a request for payment of £210, with intent to defraud, also with forging and uttering an indorsement on an order for the payment of £210, and with forging and uttering a request for the payment of £101 with intent to defraud. Police proved two previous convictions of forgery of a similar character to the present. prisoner stated that, while he was in Pentonville Prison he was in hospital five months. Sentence, three years' penal servitude on each of the four indictments, to run concurrently.
BAGE, Arthur (25, traveller) pleaded guilty , to breaking and entering the Wesleyan Methodist Chapel, Queen's Road, Peckham, and stealing a silver salver and other articles. Prisoner declined to confess to a previous conviction.
Police-constable BADCOCK stated that he was present at this court when prisoner was convicted of stealing and sentenced to six months' hard labour on March 5, 1906, and the jury found he was so convicted.
Sentence, six months' hard labour.
HICKS, William (44, labourer), and BYSER, William (44, hawker); forging and uttering an order for the delivery of goods with intent to defraud, also, attempting to obtain by false pretences from S.P. Catterson and Son, Limited, four pairs of carriage lamps with intent to defraud.
WILLIAM ROBERT YOUNG , counterman in the employ of S. P. Catterson and Sons, 87, Newington Causeway. On July 30 prisoners came to give me an order purporting to come from G. Harding and Sons, Long Lane, Borough. (Order produced.) I asked them if they were going to pay for the goods, and they said, "No." I took the order in and asked the manager if I was to serve the men.
To the Court. I did not tell them I would speak to the manager. We kept them some little time.
WILLIAM P. CATTERSON , managing director of S.P. Caterson and Sons, lamp manufacturers. On July 30 my counterman came in with the order from Harding, and asked whether he should let the goods go. I said I would telephone to Hardings, which I did. Mr. Harding came in, and I asked him if the order was his in the presence of prisoners. He said it was not, and I asked him if he would wait while I went to the police station. They sent a detective-sergeant with me.
CHARLES CUMMINGS , clerk to G. Harding and Sons, Long Lane. I know the prosecutors, and I was present at their warehouse on July 30. I was shown the order—it is not written by anybody in our firm. We did not give prisoners any authority. I do not know prisoners.
To the Court. The rubber stamp is not ours. I know nothing about prisoners in connection with business. I know Mr. Harding's writing, and the signature is not his.
Detective WALTER BROWN. I was called in to Catterson and Sons on July 30 at three o'clock, and prisoners were there, also Cummings and Young. They charged prisoners, and I got the assistance of two other officers, and took them to the station, where they were charged. Byser said. "That is right—another man whom I do not know gave me the paper," and Hicks replied, "That is right," and they were then searched.
To Byser. At the station you said a man over in the public-house gave the order to you.
WILLIAM HICKS (prisoner, on oath). On this day in question we were at the public-house, and we had a glass of ale with a man who said, "I want you to go over the way and get a catalogue." Then he sent me and Byser to receive the things.
WILLIAM BYSER (prisoner, on oath). Hicks and I were sitting in the "King's Head" and a man came in and said, "Hulloa!"I thought naturally enough that he knew Hicks He gave us a glass of ale, and he said, "Take this, and get me a catalogue." It was a letter put in an envelope, and they gave me a big book to take back to the "King's Head." The man opened it and took prices out of it, and wrote them down on another piece of paper and put it in another envelope. He said, "Go over and get these things and I will give you a shilling." He said to Hicks, "You can go and help him carry them." Catterson's man said, "I will give them to you in a minute or two." and I said, "I will go out and have a glass of ale," and Hicks and me had a glass of ale. We then went back into the shop. Then Mr. Harding came in, and he said
to Hicks, "Hulloa, this is quite out of your line of business." He said, "Yes." I said to Hicks, "Do you know the gentleman?" and he said, "Yes, 30 years ago, when he kept a little ironmonger's shop." Then they left as in the shop by ourselves. and we could have walked out. If I had thought the second order was a forgery I could have gone away. I am not scholar enough to write anything of the kind.
Cross-examined. I could not say whether the first order was sealed or not. I think the second order was sealed; I think the gentleman tore it open. I did not think it an extraordinary proceeding in the first instance. The man said, "Hulloa! How are you?" and I thought that Hicks knew him, and I asked Hicks to give the policeman his name. At the police station the deposition was read over to me, and I laid I had nothing to say. I thought Mr. Harding would be in this Court, but I knew he was not called before the magistrate. The magistrate said, "You need not say anything here unless you like." I am an ignorant man; I can hardly read or write.
According to police evidence, on January 8, 1902, Hicks was sentenced to 12 months, after previous convictions, and there are other convictions against him. He frequents Tabard Street, and associates with some of the most notorious men in South London. Byser was sentenced to three years' penal servitude on November 19, 1901, for stealing money, and there are several other convictions against him. When he committed this offence he had been liberated about a fortnight.
Sentence, 20 months' hard labour each prisoner.
Mr. J. Todd prosecuted.
HENRY CROOK , general dealer, Harrow Street, Greenwich. I am 46. Between three and four o'clock on September 4 I was in the Railway Arches, Church Street, Deptford, and two men were trying to buy some harness of me. Prisoner came up and overheard the words I said. He said, "You want half a sovereign for the harness. It ought to be tied round your neck and thrown into the river," and he gave the harness a kick and scattered it about the ground. I said, "Why do you not go away?" Prisoner picked up a chair bedstead, with the remark, "This will do," and I went alter him and he threw it at me. I carried it back to the barrow, and he struck me and straightened me out. I got up and closed with him. He took a black port wine bottle and struck me. I grappled with
him and fell over the harness. I struggled desperately with him, but he got me in a position where I could not move, and he stabbed me with the glass more than once. I called out for help, and a crowd of people came round me. I never saw prisoner before in my life, and the attack was unaccountable. I was taken to Miller's Hospital, and I am an out-patient now.
JAMES STEWART DICKIE , House Surgeon at Miller's Hospital. Shortly after five o'clock on September 4 prosecutor was brought to the hospital; he was bleeding profusely from; several wounds, one deep wound in the left ear (the artery was spouting freely), a piece of the left cheek almost punched away, and an incised wound half an inch long on the left side of the lower lip. There were three places on the left temple where skin was grazed off, such as a piece of broken glass would have done. The right ear was slit the distance of half or three-quarters of an inch; the cartilage of the ear being divided. These wounds were recently made. They could have been made with a wine bottle.
WILLIAM THOMPSON , medical practitioner, 221, Lewisham High Road. A few minutes after seven o'clock on September 4 I examined prisoner, and he had a clear incised wound on his head penetrating to the bone, caused by something sharp—it might have been produced by broken glass. Prisoner had been drinking, but was not drunk.
POLICE CONSTABLE 271 R. At half past four on September 4 I was on duty, and I conveyed prosecutor to Miller's Hospital, after which I arrested prisoner and took him to the station. I found him in a stable. I told him I should arrest him. Some person in the crowd gave me a piece of bottle in the presence of prisoner. When I took him to the station he did not say anything.
WILLIAM WOODRUFF , beerhouse keeper, Deptford. On September 4 I saw the prosecutor and prisoner lying on the ground and prisoner was getting the best of it, and hit prosecutor three times. I was 15 yards away. I sent for a constable I recognise the prisoner.
To prisoner. You struck him three times with something in your hand, then you went away from him, and made another rush and hit him on the head.
EDWARD JAMES BISHOP (prisoner, on oath). I was walking down the arches about four o'clock. I said to prosecutor, "How much for that old bedstead?" and he punched me in the head. I got up, and he had a bottle in his hand. I said, "I will deal with you for this, you bastard." I rushed at him, and bashed his head three times, but it was in self-defence.
Two previous convictions were proved, and police gave prisoner a bad character. Sentence, 20 months' hard labour.
OLD COURT; Thursday, September 13.
(Before Mr. Justice Bucknill.)
HOARE, Jemima Elizabeth Annie (23, cook), was indicted for the murder or her infant male child. To this she pleaded "Not guilty," but confessed in the hearing of the jury to secretly disposing of the dead body of the child.
Mr. Muir and Mr. Bodkin prosecuted; Mr. Frampton appeared for prisoner.
With the approval of the Court, the prosecution offered no evidence on the principal charge. A verdict of "Not guilty of murder" was returned, followed by a verdict of " Guilty of concealment of birth." Prisoner had hitherto borne an excellent character; she had been in prison since July. Released on own recognisances to come up for judgment if called upon.
Mr. Bodkin prosecuted.
WILLIAM DAVIS , 16, Victoria Crescent, St Anne's Road, Tottenham. prisoner and her husband, with three children, were fellow-lodgers of mine. On the morning of August 8 I was called by Mr. Tucker, and I saw him struggling with prisoner on the landing outside their room. He asked me to hold her; she was in a state bordering on frenzy and madness. He asked her, "Where is the child?" She screamed for some time and then called out, "The copper." My wife and I went downstairs, and on lifting the lid of the copper we found the body of the child, Sidney Victor Tucker lying in the copper, which was full of water. The police and the doctor were sent for.
GEORGE ROBINSON , Police-Sergeant, 53 N. On the morning of August 8 I was called to this house and there saw prisoner. She appeared in a dazed condition; the body of the child was on the bed. Tucker said, "The mother drowned it in the copper." Prisoner heard this and made no reply. Artificial respiration was tried, but without success. I took prisoner to the station; she made no remark.
HUGH CLAYTON FOX , F.R.C.S., 176, St. Anne's Road, Tottenham. I was called to see the child about eight o'clock in the morning; it had been dead about two hours. The post-mortem examination showed that death was due to suffocation by drowning.
GEORGE MARRIOTT , Inspector, N Division. I was at the station when prisoner was brought in and charged with murdering her child by drowning it. Her reply was, "I could not look after the baby; I could not look after myself; I wish to die." She seemed very depressed, and unable to appreciate what was said to her.
HENRY PERCIVAL FULLARTON , medical officer at Holloway Prison. Prisoner has been under my constant observation since she was brought to the prison on August 8. She was in a very poor physical condition, anaemic, and ill-nourished, and in a stale of great mental depression, continually expressing a wish to die. She also had an attack of chorea. In my judgment, she was on August 8 in a state of mental disease and not responsible for her actions. She is in much the same condition now, although she can understand fairly questions put to her and it not unfit to plead.
Prisoner, called upon, said, "My husband was always kind to me."
Verdict, " Guilty of murder, but of unsound mind at the time it was committed." Ordered to be detained during his Majesty's pleasure.
Mr. Muir and Mr. Bodkin prosecuted; Mr. Beaumont Morice defended.
THOMAS LARKMAN , 48, Thorn Road, South Lambeth, labourer. Deceased was my wife; she was about 33 years of age; we have been married 10 years. I have known prisoner four years; he lived with us about two years. He was employed this year at the L. and S.W.R, goods yard, Nine Elms, as a crane driver. He was in the main a regular worker, although I have sometimes seen him the worse for drink. On the night of August 25 prisoner, myself, and my brother Walter were in the "Wheatsheaf," Lambeth Road, about 6.30; we had a glass of ale each. From there the three of us went to the "Builder's Arms," where we had another glass each. About 8.30 my wife came in with prisoner's mother, and we had some more ale. prisoner and I were playing dominoes, and the loser paid for the drinks. When we left the "Builder's Arms" we were none of us drunk. We all five went to the "Wheatsheaf "; we were all very friendly
together. In the "Wheatsheaf" two women, employed at the same place as I am, came in. My wife said to me, "See those?" I said, "Well, I can't atop people coming in the house." She said, "Well, drink up and come out." We five then weal to the "Duke of Cambridge;" this was about half-past nine; we had some more drink, for which prisoner paid. I heard my wife say to prisoner, "George, have you got my sixpence?" He said, "Yes, take your sixpence; you are very sharp on it;" it was not said in a very pleasant way. prisoner then went outside with Walter. In one or two minutes prisoner returned, opened the public-house door, and delivered a blow at my wife which I thought was a punch; then I punched at him, and the potman turned us outside. I heard Walter call out to me, "Tom, she is stabbed." I had not noticed anything in prisoner's hand. My wife was taken to the surgery; there I called prisoner a dirty cur, and said, "What aid you do that cowardly thing for?" He made no reply. My wife was taken to the hospital, and the next morning I saw her dead.
Cross-examined. prisoner and my wife and myself had always been on friendly terms. The week before this happened prisoner had not been to work; I do not know that that was because he was ill. From about 6.30 to 10 on this night we had been drinking. It is not the fact that prisoner gave deceased a shilling and asked her for sixpence change. My wife, when we left the "Wheatsheaf," kept on talking to me about the women, but I took no notice; prisoner and Walter said to her, "Stop it, Kate." I did not see deceased smack prisoner in the face; I did not hear him say," After that I have done with you, Kate." I remember my brother, who had been walking with deceased, bringing her up as we reached the "Duke of Gambridge," and saying, "Kate is all right now." She was not so angry and excited then. There was a piano-organ outside the house, and she went outside; I cannot say whether she danced to the organ. I do not say that she was "pretty well on" then, but she had had a drop. She did not again begin to complain about women, and prisoner did not say to her, "Don't start another row here," or "Stop it, Kate." I did hear her say, "You b——well know where to go when you want to borrow sixpence "; I did not hear her say to him, "Mind your own b——business."
WALTER JAMES LARKMAN , brother of last witness. I remember the visits to the public-houses spoken to by my brother. When prisoner left the "Duke of Cambridge" I went with him; we went to the urinal outside, about 30 yards away. In the urinal prisoner pulled a knife out of his pocket and opened it and said, "This is for Kate "; this he said in a joking way. I had seen that night nothing between deceased and prisoner to cause any ill will. I said to prisoner, "Put it away, Greasy,
don't be such a fool." He shut it up and put it away, to my idea. We returned to the bar, still joking on the way—laughing and pushing each other. He seemed all right; he seemed very happy; I had had a few drinks, but none of us was the worse for drink. We were away from the house about five minutes altogether. When we got back, deceased was standing just inside the bar, talking to prisoners mother. Prisoner walked in first, I just behind; he pulled the knife out of his pocket and made a lunge at the woman's breast. I did not see him open the knife. I did not see him take it out, but I saw it sticking in her breast, and it all came to me what it was. He struck only one blow. The knife produced is the one I saw in the urinal and afterwards sticking in the breast Nothing was said before he struck the blow; he went straight in. My brother thought prisoner had only hit her, and they started fighting. After striking the blow, prisoner shouted in the bar, "I've done it!"
Cross-examined. I did not hear any nagging between deceased and her husband. I heard a lot of talk about there having been nagging inside the "Wheatsheaf," but I was not inside at the time. It is not true that the nagging continued outside. I did not say, "Stop it, Kate," and did not hear prisoner say it. I did not see her smack his face or hear her say, "I've got one husband and don't want you to dictate to me." I did not hear prisoner say, "After that I've done with you, Kate." All that is untrue. I said just now that the urinal was 30 yards from the public-house. [On plan produced it proved to be about 50 ft] I am not much judge. When prisoner said, referring to the knife, "This is for Kate," it was in a joking way; we were both joking together. We were not the worse for drink; we had our minds about us. When prisoner put the knife away he shut it up; he must have done. I swear that he shut it up and put it away. I did not see him open it again; I cannot account for how he opened it. He very likely opened it in hit pocket as he went along.
FRANCES ALICE WARRIX . Prisoner is my son. He was always on friendly terms with deceased and her husband. About half-past eight I was passing the "Builder's Arms" when deceased called me in; I went in. My son gave deceased a shilling and said, "Call for a drink for mother and yourself." She did so; the change was 8d. My son said, "Come on, Kate, the change." She said, "You owe me sixpence." He said, "I have only done two days' work this week and that is all I have" She gave him the change. The three men had had some drink, but they were not drunk; they were all behaving quietly together. We all left there and went into the "Wheatsheaf." There two young women came in, and deceased started nagging
her husband about them. We left the house, and the two of them were jangling along the road. My son said, "Stop it, Kate, do stop it," and with that she hit him in the face with her open hand. She said, "You b——well mind your own business. I got one husband, and I don't want to be dictated to by two." He said, "After that I've done with you, Kate," and he and Thomas Larkman walked on. Walter and the deceased walked behind. I followed them. I did not go with them because deceased was using such bad language. At the corner of Thorn Road my son and Thomas Larkman stopped. Walter came up with deceased, and said, "Kate is all right now; let's go down here and have one more drink." She was crying and keeping on grumbling about the women. We all went into the "Duke of Cambridge." There was more drink called for; I suggested to deceased that she should have lemonade at I thought she had had quite enough to drink. She had lemonade after a little grumbling. There was a piano-organ outside playing. Deceased went out and danced. She was able to dance although she was the worse for drink. She came back and recommenced grumbling. My son said, "Are you going to start again, Kate!"She told him to mind his own b——business and said, "You b——well know where to come to when you want to borrow a sixpence." I said to my son, "Give her the sixpence." He did so. and she said, "Now I will spend it," and she called for a drink for herself and for me. Then her husband said, "A glass of ale for me and George." She said, "No; s——you." I saw Walter and my son go outside; they were away not more than two minutes I should guest. When they returned I was sitting with my back to deceased. I heard her call out, "Oh, he has stabbed me." I turned round and saw someone holding her. Thomas Larkman hit my son, the potman came and put the two men out. I saw a knife lying on the floor; it was open; there was blood on it; I picked it up, wiped it on my skirt, closed it up, and kept it in my hand. I recognise the knife produced. My son was taken to the station and I followed; on the way I threw the knife into a garden in Larkhall Lane; I afterwards went with the police and pointed out where I had thrown it.
CHARLES ROBINSON , postman at the "Duke of Cambridge." About 20 to 11 on this night I heard the sound of a woman's scream; I saw prisoner and Thomas Larkman struggling together, and I went round and turned them out; then I fetched a constable.
JOHN SAYERS , PC. 604 W. I was fetched to the "Duke of Cambridge" about 10.40; Thomas Larkman pointed out prisoner to me and said, "That's the man who stabbed my wife." prisoner said, "I did it; she struck me oft the cheek; I. did
it with a knife; I don't know where it is; I will go with you easy; don't you take hold of me. I took him into Dr. Emin's surgery; there I heard Thomas Larkman say to prisoner, "It was a cowardly thing to do "; he replied, "Beer was the cause of it." He seemed to have been drinking, but was not drunk; he was well able to walk, and understood what was said to him. He and Thomas Larkman seemed both to have been drinking, but they were not drunk.
Cross-examined. prisoner was not very much excited.
MICHAEL EMIN , registered medical practitioner, 44, Thorn Road (next door to the "Duke of Cambridge "). On this night the deceased was brought into my surgery; her clothes on her right hand side were soaked in blood. I found an incised wound in the chest; she was in a state of collapse, and I sent her to St. Thomas's Hospital. I saw prisoner. I did not examine him; his manner seemed to me agitated and he seemed a bit excited. I did not take much notice of him.
HARRY TYRRELL GRAY . I was house surgeon at St. Thomas's Hospital on August 25. Deceased was brought to the Accident Ward and I examined her. She was in a collapsed condition. There was a punctured incised wound in her chest on the right side, below the collar-bone, between the first and second ribs. I considered it was imperative to have an operation performed immediately and made the necessary arrangements. I administered strychnine and morphia. The wound was about 3 in. deep, one of the arteries beneath the wound was damaged, and there was very much bleeding. The artery was tied and efforts made to stop the bleeding. She died very shortly afterwards. On August 27 a post-mortem examination was made. The body was in quite a healthy condition. The wound was one that might have been caused by the knife produced. The wound was slightly downwards and backwards; not much force would necessarily have been employed in striking the blow. The cause of death was collapse due to the haemorrhage.
Cross-examined. The damage to the artery may have been due to the wound, or it may have been the result of the operation; I cannot say which it was.
ROBERT EBBAGE , Detective-Sergeant, W Division. About 3.30 a.m. on August 26 I saw prisoner at Clapham Police Station. I said to him, "Catherine Larkman, whom you stabbed, has since died." He said, "Has she—oh dear." I told him he would be charted with wilful murder, and cautioned him; he made no reply. On his being searched 9s. in silver and 51/2 d. in bronze was found upon him. At the time I saw him he was sober, but he had the appearance of a man who had been drinking; he was somewhat Agitated and excited; his face was flushed.
----COGGIN, Police-Sergeant, W Division. On August 29 I went to Larkhall Lane with Mrs. Warren. On making a search I found the knife produced; it was closed; there was some blood close up to the hinge of the knife.
Mr. Bodkin and Mr. Beaumont Morice having addressed the jury, the latter called.
WILLIAM GUDE , foreman of the Nine Elms goods yard, who stated that prisoner had been in the employment of the L. and S.W. Railway for three years, during which time his character had been excellent; he had never been seen the worse for drink, or quarrelling or fighting with his fellow-workmen.
Verdict, Guilty, "with a strong recommendation to mercy on account of his youth." Sentence, Death.
CHURCH, Thomas Henry, was indicted for feloniously sending a letter, knowing the contents thereof, to Caroline James, demanding money of her with menaces, without reasonable or probable cause; another indictment charged him with maliciously publishing a certain false and defamatory libel of and concerning Caroline James . He pleaded not guilty to the former, and guilty to the latter.
Mr. Frampton prosecuted; Mr. Bodkin appeared for the prisoner.
No evidence was offered on the first indictment, and a verdict of Not guilty was entered. Prisoner having expressed regret, and apologised to Mrs. James, and promised never to repeat the libel, he was released on his own recognisances in £50 and the recognisance of Wallace Henry Hills, in £100, to come up for judgment if called upon.
GARNER, Frederick (24, clerk) pleaded guilty , to setting fire to a stack of hay, goods of Robert Hornby; also to setting fire to two stacks of hay, goods of Robert E. Gibson . He confessed to a conviction at Clerkenwell Sessions on January 17, 1905, in the name of Archibald Moody, for felony, with a sentence of four months' hard labour, and another previous conviction was proved. Dr. Scott said he had had prisoner under observation in Brixton Prison since August 27, and he seemed all right. Sentence, Five years' penal servitude on each indictment, to run concurrently.
NEW COURT; Thursday, September 13.
(Before Mr. Recorder.)
ALLERY, William Adrian , having been entrusted by Thomas Rookwood, servant to Charles E. Spink and Son, Limited, with a snuff box, did fraudulently convert the said property and the proceeds thereof to his own use and benefit.
Mr. A.H. Bodkin and Mr. W.W. Lucas prosecuted; Mr. Huntly Jenkins defended.
THOMAS ROOKWOOD , salesman to Messrs. Spink and Son. On September 29, 1905, prisoner came to our establishment in Piccadilly. He wished to see a gold and enamelled box that we had in stock, and wished to take it away to show to people. He mentioned the names of Mr. Van Allen and Mr. Massey-Mainwaring. I allowed him to take the box. The price put upon it was £25, and he was to return it in two or three days. On October 2 he brought it back and asked if he might keep it another two or three days, as he thought he had a customer he could sell it to. I agreed, reducing the price to £24. He then took it away for another three days in order to show it to this gentleman. He did not return it, and I did not see it again until it was produced at Marlborough Street. I gave him an "appro" note, of which I have the counterfoil.
Cross-examined. I wrote out the "appro" note under Mr. Charles Spink's directions. I am not aware that after prisoner had the snuff box he went back to my employers' premises three times. I know both Mr. Massey-Mainwaring and Mr. Van Allen by name, and prisoner was not to show it to anyone else. It was a valuable box, and we did not want to show it all over the trade, but if prisoner had sold it privately to anyone else and we had got our money we should not have minded whom it was sold to. I do not know that any commission was then owing to prisoner. I believe we have had business with Mr. Massey-Mainwaring. I do not know that prisoner was entrusted by Mr. Massey-Mainwaring with some valuable bronzes. I know that on November 15 prisoner received from Mr. Colnaghi a cheque (produced) for £25 10s. for the snuff box. I became aware that prisoner had had this money, and had not accounted for it in June last at Marlborough Street Police Court. In the meantime we made no attempt to recovery the box or the money; we had no idea the box was sold. I wrote to him at 103, Judd Street, on October 11, and told him to return the box not to sell it To that letter I got no answer. prisoner might have gone round to see Mr. Charles Spink without me knowing it. Mr. Spink only comes occasionally to his place of business.
Re-examined. The members of the firm take it in turns to attend. It is customary for a gentleman who has a transaction in hand to see It through. prisoner did not call after October 11 to my knowledge.
Cross-examined. I have known prisoner for eight or nine years. Mrs. Colnaghi is known to purchase little odd things. I have had a good many dealings with him in respect of more or less valuable property, and any little thing he brought in that I thought was fit for Mrs. Colnaghi's collection I purchased. I do not remember that he said whom he was telling it for. I have always found him exceedingly honest in all his transactions, and I have lent him money from time to time which he has always returned. I did not ask him where he got the box; there is no reason why I should; I do not think it would have been discreet to ask him.
ALBERT BARTON , Sergeant, C Division. Prisoner was charged with this offence on May 31. He had been arrested on another charge, and was first in custody on May 16. He said, "I sold the snuff box to Mr. Martin Colnaghi for £25 or £26 soon after I had it. I got drunk the same night and lost the money. I have made arrangements with Spinks in settlement. I bad previously visited Judd Street, where I found Messrs. Spink's letter of October 11 calling for the return of the snuff box.
Cross-examined. The matter was first brought to my notice in December, 1905, or January, 1906. It was reported from Vine Street, and I then made inquiries and saw Mr. Spank and Mr. Rook wood, and advised Messrs. Spink to consult their solicitor. I also saw Mr. Knight (of Messrs. Spink's) and Mr. Colnghi.
WILLIAM ADRIAN ALLERY (prisoner, on oath). I have lived at 103, Judd Street for six or seven years and am there now. The first I heard of this charge was at the end of May or beginning of June of this year. I agree that it was in September I got the snuff box; that was the first onset. Before September 29 I had had extensive dealings with Spinks. I had had valuable goods out from them to sell, but had not been able to sell, as their price was too high. Twelve months before September 29, 1905, I had had certain negotiations with Spinks on behalf of Mr. Massey-Mainwaring, on whose behalf I moved certain articles of vertu to their place, viz., a bronze statue of Silvanus and two marble busts. I had an interest in those as I was to get something out of them when they were sold. At the time I received Colnaghi's cheque for the snuff box Spinks was indebted to me, as they had bought my interest in Mr. Massey-Mainwaring's good: The receipt for the goods made out by Mr. Knight, Messrs. Spinks's manager, was dated 27-9-05, and headed, "Messrs. Spink and Son, Limited, in account with Messrs. Massey-Mainwaring and Allery, 103, Judd Street and 38, Grosvenor Place." A cheque for £150 was handed me with this receipt, which I returned to Mr. Charles
Spink at the end of a fortnight as I was unable to see Mr. Massey-Mainwaring. Afterwards I received from Spinks a cheque for £100 for the articles, which I forwarded to Mr. Massey-Mainwaring, with the following letter: "Dear Sir,—You instructed me to do the best I could with the bronze figure and the two marble busts. I have done so with Mr. Charles Spink, selling them to him under your instructions for the sum of £100 (one hundred pounds). I await your reply." I considered that Spinks owed me £50 commission on the sale, and, if the sale had been effected at £150, Spinks would have had to hand me £18, the balance between that sum and £50 being represented by the value of the snuff box and two other articles—a gold ring and a miniature.
The Recorder observed that it was clear that if a man was entrusted with a gold snuff box for sale and appropriated it to hit own use he was guilty of felony. The property in the snuff box remained with the Messrs. Spink.
Mr. Huntly Jenkins. It then becomes a question what his intention was prisoner thought Messrs. Spinks owed him money.
The Recorder. At present there is no particle of evidence that they owed him a farthing. Mr. Massey-Main waring ought to be here.
Mr. Huntly Jenkins. He is.
The Recorder. is Mr. Spink here? Let the whole firm be lent for.
prisoner. Mr. Charles Spink and Mr. Knight were both present when we agreed the settlement. I reckon Spinks owe me £18 now, and did so on September 29,1905. The gold ring and miniature I entrusted to a dealer named Fisher to dispose of and he pawned them. Spinks agreed to allow me £50 on the sale of the bronze and busts. Mr. Massey-Mainwaring did not agree to accept the £100. Mr. Charles Spink had a customer who was willing to give £500 for the bronze, and I was to get my £50 out of the resale of the bronze. £150 was to go to Mr. Massey-Mainwaring and £50 was to come to me, so that Spinks were to make £300 out of it.
The Recorder. A very nice deal. Did Mr. Massey-Mainwaring know that you were to get £50 out of the deal and Spinks were to get £300, white he was only to get £150?
Prisoner. He knows it now. He was not party to that arrangement. The intending purchaser did not come up to the scratch and pay the £500. He did not like to be a party to the transaction. Did your conscience smite you about this, too?
Prisoner. It did, and I wrote to Mr. Massey-Mainwaring to tell him about it and the transaction fell through. I thought at the time that Spinks owed me £50.
Examination continued. After the transaction with Colnaghi I went to Spinkss and we spoke about the £50. I told him I had sold the snuff box to Mr. Colnaghi. I had not the money, but I did not tell Mr. Spink so then as I did not like to let him know. Two days later I told him I had been robbed of the money. I did not tell him how much I had sold the box for at he got cross and went away. Then he instructed Mr. Knight to write the £100 document, taking £50 off. When I wrote to Mr. Massey-Mainwaring he at once gave me an order to come up and get the goods from Spinks.
The Recorder said it appeared that Mr. Massey-Mainwaring was to be swindled out of £50 in order that Spinks might get back their £32, and prisoner, for no reason that he could discover, was to get £18. If that was so, a more fraudulent transaction had never been disclosed in a court of justice.
Cross-examined. I replied to the letter of October 11 asking me to return the enamelled box to Mr. Charles Spink, saying that as he had arranged that I should take £50 out of the deal I thought the transaction was ended, because of the snuff box and other things. Mr. Spink said I should have the £50 as soon as ever they had done the deal. I applied for it three or four times. I hoped the deal would come off quick. It was understood that I was to get the money out of the sale of the bronze. Rookwood was not present when that arrangement was come to; Mr. Charles Spink and myself did our talking upstairs, and the transaction as to the snuff box took place with him, not with Rookwood. I do not keep any books. On October 13 I had a friendly letter from Mr. Knight with reference to the return of the goods. On November 9 I received a peremptory letter to return the goods forthwith. Notwithstanding that I sold them. On November 16 Spinks telegraphed: "Massey-Mainwaring repudiates the whole transaction. Demand return of all goods to-day. Most necessary you should call." It appears from the letters that Spinks were very anxious to get their goods back, but as they had arranged if the things had been sold for £500 to pay me I thought I would keep them to that. I told Sergeant Barton that I was drunk and lost the money, and that was all the answer I made. I told Mr. Spink on the 17th that I had lost the money, and then he gave me this document taking off £50, and so paying himself. I told Mr. Spink on November 15 I thought I could sell the snuff box; as a matter of fact, I had sold it then.
CHARLES SPINK (Messrs. Spink and Sons). Examined by Mr. Lucas. I remember prisoner calling on the occasion when, he took away the snuff box on September 29. I gave Mr. Rook wood authority to entrust the snuff box to prisoner, and the whole transaction as between my firm and prisoner was carried
out by Mr. Rookwood. prisoner never entered into any agreement with me with regard to the sale of the snuff box. On September 29 we were not indebted to him in any sum for commistion. With regard to Mr. Massey-Mainwaring, we had some bronzes and other articles of his in custody for sale. We had the things for more than a year, I think. They were left with us by Mr. Allery, and we found out afterwards he had no right to leave them with us. They remained until removed by Mr. Massey-Mainwaring. That was at the end of 1905 or beginning of 1906. The price at which they were to be sold was entered in our books, and was altered from time to time. As to prisoner's statement that the price of the snuff box, the ring, and the miniature were to be set off against the amount of his commission, not one word of that is true. There is no truth in the statement that the price of the bronze and busts was reduced from £150 to £100, so that we could pay ourselves back for the loss of the snuff box and other articles. We never arranged to give him £18, the balance of his commission. He never told me he had sold the things himself, and, I believe, I saw nothing of him after the letter of October 11, requesting him to bring the things back. The matter was mentioned to the police in December. I was not told before that time by prisoner that he had sold the goods to Colnaghi and that he had lost the money when he was drank.
Cross-examined. We had the goods in our show-rooms for over a year. I am certain we did not have any communication with Mr. Massey-Mainwaring about the bronzes.
The Recorder expressed the opinion that witness should have been properly represented by counsel at the police court, as this seemed to be a very important matter. As it was, this court had to arrive at the facts in the best way it could.
WITNESS. I think I saw Mr. Massey-Mainwaring for the first time two or three years ago at his own house, and I have seen him in our place once when he called. He told us on that occasion that we had no authority to sell then. I think I am correct in saying we never wrote to him. A reserve price was fixed, and we should pay ourselves by commission. The value of these goods varies a great deal. I think the lowest price we had from prisoner was about £150, but at first I think something like £2,000 was put upon them, but we found that that was quite an exorbitant price, as they hadn't fetched anything like that at the sale where they were bought. Some dealer was the purchaser. As to what would be a fair market value for these things, I do not think that in a forced sale they would fetch £150, but a special man who wanted such articles might give £500 for them. If they were taken to Christie's and sold at a good sale they would no doubt fetch more than if they were sold as a miscellaneous lot. I believe the price put upon them
was £2,080, but they were reduced soon afterwards to about £500. Then it came down to £150 and then to £100. The thing was done when I was away. I should not myself have thought of having them brought into our place at such an absurd price. When I wrote the cheque for £100 I supposed prisoner had authority to tell at that price. The cheque was returned by Mr. Massey-Mainwaring and the goods taken away. We received a telegram purporting to come from Mr. Master-Mainwaring saying that he would accept the £100, but Mr. Massey-Mainwaring says he never sent it, and we believe it to have been false. We had had a large number of small dealings with Allery before. Whenever he sold anything for us we just gave him what we reckoned it should be without any agreement. He made his own commission, and if he asked a reasonable amount we should give it certainly. There was no settlement with Mr. Massey-Mainwaring; he simply came and demanded his goods, and we gave them back. Beyond making a complaint at Vine Street, we did not take any criminal proceedings. We let the matter drop until we were informed prisoner was in custody on another charge in May of this year. We do not like prosecutions. I do not think there was much kindness in our not proceeding against him; it takes up too much time. I had nothing to do with the fixing of the price.
----KNIGHT (salesman to Spink and Sons). The goods were deposited some time in 1904. They were brought by Stevens and Sons, monumental masons. Allery appeared just at the time when the goods were arriving, and represented himself as the agent of Mr. Massey-Mainwaring and we accepted his statement. In October, 1905, the reserve price was agreed at £150. In November we telegraphed prisoner that Mr. Massey-Mainwaring repudiated the whole transaction. As to how it came about that we offered to buy them for £100, we heard that they were bought at an auction sale, and that he had purchased them really at a very low rate indeed, and we felt justified in reducing our offer for the goods. prisoner stated that he had a free hand. A cheque for £100 was handed to Allery. There were three cheques written, because he posed at one time simply as the agent, and then afterwards he stated that he had a part right to the goods—that was to say, he was a partner, so we made out the cheques on both understandings. All the cheques were handed back to us. One cheque for £150 was made out in his own name and Mr. Massey-Mainwaring's name and the other in Mr. Massey-Maiinwaring's name only. One cheque was withdrawn at the request of Allery in order to facilitate his business transaction. Both cheques had to bear the endorsement of Mr. Massey-Mainwaring. I do not recall what took place when we informed prisoner that Mr. Massey-Mainwaring had telegraphed and repudiated the transaction.
We were very much astonished that prisoner should be disposing of property he was not entitled to dispose of. I never asked him about the snuff box because it was not in the department with which I am connected.
Cross-examined. When I made out the cheque I thought that Allery was a bona-fide agent of Mr. Massey-Mainwaring, and had authority to name the price for the goods. We found out afterwards that he had no such authority. If the sale had come off prisoner would have had £50. I honestly thought he had an interest in the things, and we have his statement in writing to that effect.
Mr. Huntly Jenkins. If you honestly thought that he had this interest why did not you only give one cheque and let him square up with his partner afterwards?
Witness. It was done at prisoner's own request. We began then to think there was something suspicious about it.
The Recorder. Supposing that £100 cheque payable to Mr. Massey-Mainwaring had been accepted by him and cashed, the goods would have been your property?
Witness. Quite so. If we had gold the goods as agent prisoner would naturally have received a commission. If we had bought them at a low price his commission would not have beta necessarily bigger. A commission would have been paid him by the firm had the £100 cheque been accepted. It would have been entirely governed by circumstances. I would not gay when I wrote the letter of October 30 I thought he was dishonestly withholding the goods. If we had owed him £50 the difference Between that sum and the value of the snuff box, the ring, and the miniature, £32, would have been £18, but there was nothing owing. If Mr. Massey-Mainwaring had accepted the £150 cheque prisoner would have got his £50 out of him. I believe Mr. Massey-Mainwaring is a customer of the firm. I would not go so far as to say there was not a cheque for £50 made out to prisoner, because I am not sufficiently clear as to counting-house matters.
Re-examined. After sending prisoner the telegram that Mr. Massey-Mainwaring repudiated the transaction, we broke off negotiations with him. He could not claim commission after that; the transaction was completely at an end.
WILLIAM F.H. MASSEY-MAINWARING . In 1904, when I became possessor of the bronze figure of Silvanus, which was of heroic size, and the marble busts, prisoner came to me and said that Messrs. Spink and Sons were making an exhibition in their new premises of sixteenth and seventeenth century art and would I mind lending them the bronze, etc. I then instructed Messrs Amor, of St. James's Street, who were taking care of the things for me to deliver them to Messrs. Spink. Prisoner
came to me afterwards, and asked me if I would sell them I assented, and put the price of £2,060 on the bronze and £500 on the marble busts. prisoner had no interest whatever in the things, and I had not agreed to pay him a commission if he sold them. In March, 1905, Allery told me Messrs. Spink thought they could get £500 for the bronze, and I said I would not take anything like that; I would have £2,000 or nothing. I never authorised him to agree to sell the things for £150. I repudiated the arrangement as soon as it came to my knowledge, and demanded the return of the goods. I told Spink's messenger who called upon me about it to tell his employers that a swindle was being perpetrated upon them. I repudiated the sale in November. When I was in Ireland I got a cheque from Messrs. Spink for £100. I was very angry, but I did not write, as I was returning to England the next day. I took the letter to my solicitor, who afterwards called upon Messrs. Spink. Messrs. Spink at first would not give the things up, and said they had bought them off Allery for £100, and intended to keep them, but after some trouble I got them back. I gave the cheque to my solicitor to return, and he did so.
Cross-examined. The bronze was very valuable. I agree that they were left with Spinks' for the purpose of sale, but I expected to get my price and did not intend to reduce it. I did not communicate with Spinks' at all before November, 1905, when their young man called upon me.
Re-examined. I never authorised the sale of these things for any such price as £100 or £150.
Prisoner was further indicted for stealing a piece of tapestry, the goods of Samuel Dockerell; and that having been entrusted by William F.B. Massey-Mainwaring with a piece of tapestry, he did fraudulently convert the said property and the proceeds thereof to his own use and benefit.
Mr. Symmons prosecuted.
The Recorder said if the indictment was to be proceeded with he must send the case for trial before another judge, and deal with the former case on its merits, as it would not be fair to the prisoner for him to hear the circumstances of the other case, which must necessarily influence his mind in passing sentence.
Mr. Symmons said that where there was a second indictment it was often taken as showing that a transaction was not isolated. The amount involved in the second charge was £200. The tapestry was entrusted to the prisoner on March 10, 1905, by Mr. Massey-Mainwaring to show to a Mr. Van Allen. For months the prosecutor was told that Mr. Van Allen had not made up his mind, and ultimately it was found that the tapestry had been disposed of to a firm dealing in such things for £175, prisoner receiving £150.
It was decided not to proceed with the tapestry case.
Sergeant ALBERT BURTON, recalled as to prisoner's antecedents, said he had borne a very good character up to 1895, and had made a living as a dealer, but on April 9 in that year be was convicted at the Cumberland County Sessions of obtaining goods by means of worthless bank notes. In April, 1896, he was convicted at the Ediniboro Sheriff's Court of obtaining goods by false pretences, and since then he had been obtaining a living by this commission business.
Sentence, Nine months' hard labour. An order for the restoration of the snuff box to Mr. Colnaghi was made.
Mr. Purcell prosecuted.
Prisoner concealed the child in her box, which she despatched to the care of her brother-in-law at Chiswick. When in the course of some weeks the presence of the body was made known by its offensive smell, the box was opened, and the body discovered wrapped in an apron, the strings of which were tied tightly round the neck. By reason of advanced decomposition the doctor called in was unable to say that the child was born alive. It appearing that the father of the child, who is in respectable circumstances, was willing to marry prisoner, the Recorder allowed her to be released in her own recognisances in the sum of £20. Mr. Frank Smith, the court missionary, stated that her parents were most respectable people.
Mr. Symmons appeared for the prosecution.
Prosecutor was the relieving officer of the Mile End Guardians, from whom prisoner, who has a wife and several children, was formerly in receipt of 10s. a week, which had been allowed htm since March, 1904. In the present year the guardians had occasion to reconsider the matter, and the amount was reduced. Prisoner subsequeatly attacked Payne with a marlin spike, and inflicted upon him such serious injuries that he is not likely to completely recover or be able to resume duties as relieving officer. His age is 54. Sentence, Twelve months' hard labour.
THIRD COURT; Thursday, September 13.
(Before the Common Serjeant.)
FOURTH COURT, Thursday, September 13.
(Before Judge Rentoul.)
MOLLITER, Joseph (41, barber), pleaded guilty at last sessions (see page 315) of fraudulent conversion of property. He was now bound over in his own recognisances to come up for judgment if called on.
STRONG, George (33, no occupation), was found guilty at the May Sessions (see preceding volume, page 487) of obtaining money and property and attempting to obtain money by false pretences. Chief-inspector Kane having stated that prisoner had rendered valuable services to the police in connection with the prosecution of Robert Mason (see present volume, page 320), prisoner was now released on his own recognisances to come up for judgment if called upon.
FOURTH COURT, Thursday, September 13.
(Before Judge Lumley Smith.)
GEORGE PRESSMAN , Treasurer of the Weygood Directors' Sick Club. I have known prisoner for two years and he has been the secretary of the society for six months. The treasurer would have in his hands on the average through the year £20, and anything beyond £3 should be paid into the bank in joint names. Prisoner was entitled to the same benefits as others. This money should have been paid to me on the following Monday or Tuesday after he had collected it. Prisoner lost his employment on account of this about a month ago. We do not take any sureties, and there is no chance of our getting our money back. We gave him seven weeks to pay it back.
Prisoner was released on his own recognisances to come up for judgment if called upon.
BAXTER, Frederick (29, barman), and STYLES, Harry (25, barman) pleaded guilty , to conspiring and agreeing togetherand with Hy. Mays to obtain employment as barmen for themselves and other persons by means of false representations. Sentence (each prisoner), three days' imprisonment.
FINDLAY, Charles (22, electrician), KEMP, Percy (24, porter), and COOK, Albert (22, dealer's assistant) . Burglary in the dwelling-house of William Henry Eastland, and stealing therein the sum of £14 18s. and a bank cheque form; also forging and uttering an order for the payment of £175 10s. with intent to defraud. Kemp pleaded guilty to the charge of burglary. Findlay and Cook pleaded not guilty.
WILLIAM HENRY EASTLAND , fancy jeweller, 82, High Road, Balham. At 7.30 on August 13 communications were made to me, and I came downstairs. My wife called my attention to plants being removed in the window in the conservatory. I went outside and found a small centre bit underneath the window in the conservatory. I had a look round the shop, and I called a sergeant in, and I told him. At 20 minutes to 11 a clerk from the bank called and said there was a cheque presented. Then I found the cheque had gone and £14 18s. The blank cheque corresponding to the number of the counter, foil was brought back by the clerk of the bank, and it had been filled in for £175 10s. It was on a cheque form taken out of the middle of the book. The counterfoil was gone, and I have never seen it since. The window in the kitchen opened into the conservatory, and prisoners had got in through the kitchen window from the conservatory. I saw the window fastened over night. In the morning I could not say whether the window was fastened or not. Cook was in my employ three years ago, and he knew these premises.
HARRY BRITHIRTON , 24, Brock well Road, Brixton. I am 15 years of age. I was scoring at a cricket match at Brockwell Park, and in that match prisoners Findlay and Kemp were playing. It was a knock-up game. Percy Kemp told me he earned plenty of money in "busting"—afterwards he explained that it meant bursting into houses—and wished to know if I would like to go into it. I said I would. He said it was better than scrumping apples—that is stealing apples from gardens—and he told me to meet him that evening. I met Kemp at the Brixton Road, outside the "Prince of Wales," on the Monday, and we went to the Balham Road. It was midnight, and as we were going to open a gate a dog barked, and We postponed the operation. On the Tuesday we went there together, Kemp and Cook and myself, at 11 o'clock. We went into an empty house next door. We all three went downstairs into the cellar. They waited in the passage, and we came out, and Cook said we had better not enter now, and we could come tomorrow night and do it properly. He told me to bring
a brace and bit to Brockwell Park next afternoon. Kemp told me to bring the bit. Cook did not speak on the subject. Kemp and I went to Mordaunt Street, where Cook lives, and Cook said we had not got the proper tools. He meant a knife and chisel and centre bit. I went home at 12 o'clock that night. We all came away together. Next afternoon I met Kemp and Cook in Brockwell Park, and I brought the brace and this bit. I had taken some tools belonging to my father. They told me to meet them in Abberville Road on Wednesday evening at 9.30. I met Kemp at eight o'clock, and we went to the Free Library until nine. Then we came across and met Findlay; Cook was not there. I knew Findlay before. I met him just outside the library, and he said he would meet us at the corner of the Geneva Road at seven o'clock in the morning. I and Kemp went to Eastland's shop in Balham. We went to the rear of the premises and got into the empty shop next door. Mr. Eastland came into the kitchen, and we waited another three-quarters of an hour, and then the lights were put out, and they went to bed. Kemp got over the wall and opened the conservatory door and got into the place. He told me to hide a lighted candle under my coat. Then he got the cash-bag off the shelf, and he took some money out. He put the cheque-book in his pocket with a used cheque and looked into the pass-book. He went into the next door cellar and counted the money, and said he had got £6. He told me to go to the bottom of the yard. I called him down, and we went to Clapham Common, then we went to the coffee stall at Station Road till seven o'clock, then we joined Findlay and went to Brockwell Park. Kemp gave the two cheques to Find lay and told-him to meet them at Mordaunt Street, Cock's place. In the park, when kemp gave the cheques, Kemp's brother, Fred., and Findlay were there, and Findlay took the cheques. Cook was not there. Kemp gave me two sovereigns and told me to buy a suit of clothes. Findlay came into the room and told me to go out. Then he called Cook in. This was in Cook's house. 22, Mordaunt Street. Findlay and Kemp were there. Findlay told me to go into a room. About a quarter of an hour afterwards Findlay came in with a wet cheque in his hand, and he got blotting-paper and dried it. Then he wrote out a slip of paper with figures on it, and they took me to the bank at ten minutes past ten. Findlay wrote on a piece of paper so many £10 notes, and so many £5 notes, and so much in cash. T do not know whether Cook wrote anything. I saw Findlay write the paper [produced] I got some clothes and Cook told me to put them on. It is the suit I have on now. Kemp took one of the sovereigns back. I and Findlay went to the bank. Kemp and Cook followed behind. I went in by myself. Findlay stopped outside and Kemp and
Cook were across the road. I went in and presented the cheque and payment was refused. A clerk went to Mr. Eastland, and I waited. The manager took me over to Eastland's shop and then we went to a police station. Then a man in private clothes came in.
To the Judge. When I came out of the bank I did not see the three men—they had gone. I was in the bank a quarter of an hour, hut I did not see them again. I was originally given into charge and dismissed by the magistrates.
To Findlay. You said when we were going to the bank, "Where are the others?" They passed by on the tram and you said, "We had better go into the 'George," and you paid for a drink. You asked me at the police court if at any of these meetings either at Brockwell Park or anywhere else I heard you mention the burglary or a cheque, and I said no.
To the Judge. That is the cheque I presented [produced]. I saw Findlay write the slip of paper. It was wet when he came out and I saw him blot it. The slip is in his handwriting. To Findlay. I saw you write that down. It was on a long slip, and Cook tore it in half. I did not see you forge the cheque.
To Kemp. I remember being at Epworth Road and you saw me getting over a wall to steal some plums on the Monday afternoon. That was the first time this was spoken about to me. You spoke to me about it in the park.
To the Judge. When I was trying to get over the wall to steal the plums was on the Monday, after cricket was over. He had spoken to me before that.
To Kemp. On the Monday you spoke to me in Epworth Road. You asked me for the brace and bit. You said, "I cannot do this unless I have a brace and bit." You said, "Bring them up to Brockwell Park to-morrow afternoon." I said I had one. I have never been in the hands of the police before. I saw the bag and I said, "There is a bag," and you went and took it. You were going into the shop first. You wanted the cheque.
To Cook. One of you tore the slip of paper. I cannot tell which it was. I know it was Kemp or Cook. Findlay wrote out the paper and one tore it. I do not know which.
To the Judge. The night that I got into Eastland's house Kemp was there; Cook was not. Cook did not go to the burglary.
FREDERICK HARVEY , Detective, B Division. The burglary was on Wednesday night. On Friday, at two a.m., I went to 81, Geneva Road, the address of Findlay. Findlay came and opened the door. I told him I was an officer and wanted to speak to him upstairs. I cautioned him, and he said he knew Bretherton and Cook and Kemp. I said, "I believe you met Bretherton at the bottom of your road this morning and also
later?" He assented. I said, "I believe you hands him a cheque and a note," which he denied. I told him I should take him into custody for Being concerned with Bretherton in forging and uttering a cheque for £175 10s. He said, "I do not know anything at all about it." On the way to the station he said, "Where are we going to Balham?" I said, "No, Brixton for a short time." On arriving at Wandsworth Common Police Station Bretherton was brought from the cell, and the inspector on duty asked Bretherton whether he knew Findlay, and Bretherton replied he did, and I then read the statement to Findlay which Bretherton had made. He said, "I plead not guilty to the forgery. I was there, but I would not have anything to do with it."
To Findlay. You hesitated over the name Harry Bretherton. I took two pieces of paper out of your pocket, and asked you if they were in your handwriting.
Findlay. One is the name of a cricket club and the other is the names of some hones.
CHARLES CROSSLEY , cashier, London and Westminster Bank, Balham branch. On August 30 this cheque (produced) was presented by Bretherton, but I refused to cash it. I caused inquiries to be made, which resulted in his apprehension. The piece of paper was enclosed in an envelope. He handed in the envelope with the cheque enclosed.
HENRY FOWLER , Inspector, W Division. At a quarter to 11 on Tuesday I saw Kemp and Cook in Mordaunt Road, Brixton. I said to Kemp, "I am going to take you into custody for being concerned with Findlay and Bretherton in committing a burglary at the High Road, Balham, also for forging and uttering a cheque for a large sum of money." Kemp said it had nothing to do with him, and I conveyed him to Brixton police station where he was detained, and subsequently he said, "I will plead guilty to the burglary but not to the forgery. I have no work, and I must do something." I found in his pocket this table knife.
To the Judge. Cook was not present during this conversation. When Kemp made the last statement Cook was there. I arrested him, and handed him over to the sergeant who was with me.
To Kemp. You said the knife was your bread and cheese knife.
ROBERT EBBAGE , Detective, R Division. I was with the last witness. I told prisoner Cook the charge. He said, "I thought there was a warrant out." He was taken to the station, and he said, "I gave Findlay and Percy Kemp the information how to get into Eastland's house.
Cross-examined. I did not give him a cheque at seven o'clock, it was later on in the morning, between eight and nine. To Findlay. It was at Cook's place. Cook wad there, I believe.
Verdict, Findlay, Guilty of receiving; Cook, Guilty of burglary and receiving.
HENRY FOWLER , Inspector, W Division. I have made inquiries with regard to all the prisoners. It is safe to say that they have not done any work for the last two or three years. Findlay was discharged from prison after 15 months' hard labour in October, 1905. There were a number of cases against him. his parents are respectable, and they have done everything in their power to get him to go straight. They have gone without themselves to dress him. The forgery was a clever one, as the cheque was stolen from the centre of the book. They dressed Bretherton out in a new suit of clothes to give him a good appearance. With regard to Cook, he was three years ago in the employ of Mr. Eastland, and it was from him that the information was obtained. Cook has done no work at all for three years. Six months after he left Eastland's he broke into a house of some friends, but was not prosecuted. With regard to Kemp, since his conviction last year he has done no work. I should say he has applied to the police officer who arrested him to get some employment, but they all three belong to a gang which style themselves the "Never?"—that is they never work. They spend their time in playing cricket and football. Cases of burglary have been common in the vicinity of Brixton, but since their arrest they have ceased, and they are responsible for a great number of those offences.
Findlay. I was not charged with forgery before; I was charged with uttering the cheque knowing it was forged. As far as "Nevers" go, I had nothing to do with the "Never" Club. If Bretherton is one of the "Nevers," I did not know it by the name of "The Nevers." I have known him by the name of "Nobbier." Cook I have known two or three years. I have been in the habit of visiting his home every morning.
Detective EBBAGE stated that after he came out of prison on the last occasion Kemp came to him and he tried to get him work, but his conviction stood in the way. He is partly kept by his friends. Cook will not work. Findlay could get work, but will not work. He prefers to play cricket his parents say he will not work.
Sentence, Findlay, Two years' hard labour; Kemp, 18 months' hard labour; Cook. 12 months' hard labour.
DENNIS, Francis William (34, traveller), and STILL, Edward (33, public-house manager) . Dennis was charged with stealing 45 tobacco pipes, 1,000 cigarettes, and other articles, the goods of Louis Seckeland, his master, and Still, with feloniously receiving the same. They pleaded not guilty.
Mr. SYMMONS, for the prosecution, stated that Dennis was a traveller in the employ of the prosecutor for three years, and on August 9 certain pipes and other goods were found at the "Woolpack," which conveyed the impression that they had been improperly disposed of. But the solicitor for prisoners stated their defence and gave the names of various customers, and the story told proved to be true. He therefore offered no evidence on the part of the prosecution. Verdict, Not guilty.
SPOONER Louisa , charged with bigamy, and HOWE, Henry with aiding and abetting. prisoners pleaded guilty. Mr. Rcot stated that prisoner Spooner was married on August 3, 1884, and lived with her husband until 1888, and then lived with the brother of prisoner. He died and prisoner married her. She was arrested and said, "that is correct. I knew he was alive, but I have been away from him for 18 years. I am sorry for what I have done." The prosecution was instituted by the police. Prisoners' were released on their own recognisances to come up for judgment if called on.
SMITH, John (40, dealer) pleaded guilty , to the charge of endeavouring to obtain from Raymond Bertram Goulding, and Richard Thomas, and another £4 6s. by a cheque for £7 5s., knowing the same to be forged. Sentence, 12 months' hard labour.
JUDD, George (22, porter) pleaded guilty , to altering and uttering two receipts for 1s. and 1s. 4d. respectively with intent to defraud. Counsel for prosecution stated that prosecutors have an office in London and one at Birmingham, and when prisoner took a parcel to the Great Western Railway, for which 1s. was charged, he would alter the charge in the book to a larger sum and keep the difference. Prisoner was released on his own recognisances to come up for judgment if called on.
OLD COURT; Friday, September 14.
(Before Mr. Justice Bucknill.)
BALLARD, Arthur Henry (25, gardener) pleaded guilty , to having on July 28, 1906, feloniously threatened Frederick Henry Grimsdale Dobell, to accuse him of an infamous crime, with intent to extort money. To three similar indictments referring to other dates he pleaded not guilty. The case proceeded upon an indictment charging a threat on July 12, 1902.
Mr. Purcell prosecuted.
FREDERICK HENRY GRIMSDALE DOBELL . I am 25 years of age; my parents live at Uxbridge. In February, 1902, I was apprenticed to James Sweet, of Whetstone, near Barnet, a horticulturist. Prisoner was one of Sweet's foremen; in the same employment there was a man named George Close. I had reason to complain of Close's conduct, and told him I should have to report him. About March or April, 1902, Close left. Afterwards I had frequent meeting with Close in the morning and in the evening; then Close commenced demanding money of me. Later in April prisoner spoke to me; he said that Clow had gone to America, And had died on his way out, and that just before his death he had sent for the captain and doctor of the snip, and stated that I had acted improperly with him, and had given him sweets containing poison. I told prisoner it was a pack of lies, and asked him if it could be proved. He said not a word, but if I did not give him money to leave England he would prove it all. In consequence of what he said I gave him £3. On July 4 he spoke to me again; he said that the ship bad returned from America, that letters given by Close to the captain and doctor had been sent to prisoner's father by them, and that he must go down to his father in the Isle of Wight to see the letters. I gave him £3. He went away and returned in a day or two. He said he had seen his father, and that when his father was out of the room he had taken the letters and burnt them, but that if I did not give him £3 to leave England he would prove the contents of the letters. I gave him about £3. He was again absent from work, and returned on July 12. He said he had been had up by his father for stealing the letters, and had been taken to Highgate and sentenced to seven days' imprisonment. He asked for more money, and said that if I did not give it him he would ruin me and my family; he would swear to the contents of Close's letters. On July 15 I handed him another £3. Seven days later be came and told me he was charged at St. Albans with stealing the letters, and must have a solicitor to defend him. I asked him if he knew one; he said he knew a man named Dunn at Brighton, and he would want £17 to conduct the defence, and if he (prisoner) did not get it he would ruin me. I gave him £15. A fortnight later he returned and said he had been in prison at St. Albans for 14 days for stealing the letters. After this I saw him practically every day, and periodically he asked me for money, using the same threats. This went on down to May, 1905. Sometimes the threats were verbal, sometimes he wrote me letters; these I burnt. Some
of the payments I made were by portal orders registered to the prisoner's address. In May, 1905, I left Whetstone and returned home, and then he commenced writing to me; between that date and June, 1906, I sent him) various sums. In July, 1906, I had a letter from him which I showed to my parental and to my solicitor. On July 28 I was at home with my solicitor and two police officers. Prisoner home, and I saw him in the billiard room, the two officers being in the lavatory adjoining. I asked prisoner what he wanted; he said, "I must have £60 to-night to give to the girl whose young man you have poisoned, or you must marry her and bring her home and introduce her to your family as their daughter-in-law and your wife," and that if I did not she and his father would have me arrested at eight o'clock that evening. I told him I had not got the money; he said, "Then it's all of with you." He said the young woman would go to his father that night, and would then telephone through to the Uxbridge Police Station, and have me Arrested. He stated that the young woman had gone to the nursery (Sweet's) the day before, and had bribed three men to prove anything she liked to ask. I then walked towards the window, and the two officers came into the room. I charged prisoner with demanding £60 with threats. He jumped up and said, "Mr. Dobell, do forgive me; for God's sake do forgive me." He was arrested. I afterwards charged him with threatening to accuse me of an infamous crime.
Cross-examined by prisoner. I cannot say how long it was after I first knew you that I sent you to my tailors to get measured for a suit of clothes. I did that because while I was in ill-health you had done work that was supposed to be mine, and I never take work from a subordinate without paying for it. I did not ask you to my rooms night after night.
Mr. Justice Bucknill pointed out to the prisoner that he was not charged with obtaining money from the witness by threa's relating to misconduct between him and the prisoner; and warned prisoner of the danger to himself of introducing "collateral" matter. Prisoner then handed in a written statement. Having read it, his lordship said that it contained nothing whatever having any bearing on the present charge. This he explained fully to prisoner. Prisoner said that, with the exception of the £60 payment, his case was an absolute denial of prosecutor's statements that he made these threats.
Cross-examination continued. When you asked me for the £60 you did not say you wanted it for one of your old sweethearts. I never went to a dance in North Finchley with you I did not write and ask you to burn ray letters three days before you were arrested. You did not tell me that you wanted this £60 to get married, and that you had lost all your money through horse-racing. I did not tell you that my uncle had
died and left me some money; I have not had an uncle die for many years. I did not tell you when I left Whetstone that I was going to prepare for the Church nor that when I had entered the Church you could come and live with me. It is false that I went to town very often with you to theatres and music-halls; I never went to a theatre once while I was in the north. I did not go with you to the Oxford; I was never with you at Daly's Theatre. (Prisoner put certain questions about a painter at Whetstone, and witness absolutely denied the suggestion made.)
WILLIAM DANIELLS , Inspector, X Division. I confirm prosecutor's account of the interview with prisoner in the billiard-room at Uxbridge on July 28, from what I overheard when secreted in the adjoining lavatory. When I came into the room I said to prisoner, "I am a police officer, and have heard you demand with threats money from Mr. Dobell." He turned to prosecutor and said, "My God, Mr. Dobell, forgive me" When the charge was read over to prisoner at the station he made no reply. As he was being removed to the cells he turned to prosecutor and said, "Mr. Dobell, you know what you did to me in your rooms." In the cells he asked for writing materials, and wrote the two letters produced. I detained them, as they contain a suggestion of another offence. On afterwards being charged with threatening to accuse prosecutor of an abominable crime, prisoner made no reply.
ARTHUR STEGGALLS , Detective, X Division. I was with last witness in the lavatory adjoining, the billiard-room, and confirm the account of prosecutor and the last witness. Speaking to me in the room, in the temporary absence of the others, prisoner said, "He has given me lots of things, money and clothes; he made me what I am; there is no girl in it; as a matter of fact, I wrote the letters."
To Prisoner. I made the inquiries you desired about your going to prosecutor's rooms. You did go there on one or two occasions, and his landlady has refused you admittance. I also saw the painter at Whetstone, and put to him the suggestion you have made; he denied it altogether.
Statement of prisoner before magistrate: "Mr. Dobell has given me money without threats. Mr. Dobell said things that are not true; I plead guilty to demanding the £60, but not to the other charges.
Prisoner now said: I can only say I am not guilty. Verdict, Guilty. Sentence (on the indictment tried), seven years' penal servitude; on the indictment to which prisoner pleaded guilty, five years' penal servitude; to run concurrently.
Mr. Forrest Fulton prosecuted.
BENJAMIN ABRAHAMS , 355, Romford Road. The prosecutor said that he assisted his father in the management of the Queen's Music Hall, High Street, Poplar. On the night of August 10 Mrs. Pentland spoke to him outside the music-hall, and he subsequently went with her to her house, into a room in which there was a bed. While they were there prisoner came from under the bed and said, "What's this game?" I'm going to have your life." fie unsheathed a long, curved Oriental dagger and held it over witness. He made witness write at his dictation, "I hereby swear that I have misbehaved myself with Mrs. Pentland indecently when I had no right to "; he then demanded from witness his watch and chain and whatever money he had on him; witness, under terror of the dagger, gave him the Watch and chain and half a crown. Witness did not know when he went with the woman that she was married.
Cross-examined by Prisoner: It was the woman who proposed that we should go to the house. I have twice misbehaved myself with her.
CHARLES LEE , Detective, K Division. I arrested prisoner on August 13. On my reading the warrant to him he said, "I expected so much; I admit I done wrong in taking the law in my own hands; I have seen a solicitor, and have handed him the watch and chain; I have spent the money." Later I saw Mr. Lovibond at Stratford, and went with him to a pawnshop; he redeemed the watch and chain and banded them to me. Mrs. Pentland, in prisoner's presence, said that she had lived with him three years before they were married.
To Prisoner. I cannot say what name was on the pawnticket of the watch and chain; I saw Lovibond redeem them.
DAISY PENTLAND , examined by prisoner. I am your wife. Prosecutor knew that I was married; he made the appointment for us to go to the house. I heard you tell prosecutor that you wanted the watch and chain for evidence. I did not tell yon, when you spoke, to me about my "carrying on," that if I got into trouble I would swear that you told me to go on the streets. It was at your suggestion that I went out this night; that was not the first time you sent me out on the streets. In May you
sent me out, and then threatened me with a knife and made me write a letter to a man on your ship.
Cross-examined. On August 10 I was sent out by prisoner to fetch a man in on that evening. I went and met prosecutor; I made an appointment with him and went back home; I there saw prisoner, who said. "Very well; take him home; I will get in first; I will secrete myself under the bed."
HENRY LOVIBOND , solicitor, Stratford, examined by prisoner. You came to my office on August 11 and said that you wanted to take divorce proceedings. I explained to you what would have to be done. You gave me your version of this occurrence and produced the watch and chain and the letter as proof. I made an appointment for you to call on August 13. You then called; the watch and chain had been pawned, and I had the ticket; it was pawned by a man in my office, one of my clerks, by my order. It is correct that you gave the watch and chain to me for evidence.
PRISONER made a long statement to the jury (not upon oath). He totally denied his wife's allegation that he had directed her to go on the streets or to entrap this prosecutor. When he married her he knew that she had been a prostitute; he loved her, and thought he could induce her to lead a respectable married life with him. She always had the bulk of his earnings. On returning from different voyages he heard accounts of her misconducting herself in his absence, and he resolved to watch her. On the night in question he was watching her and saw her return home with the prosecutor. He was not under the bed. He entered the room and told the prosecutor he must sign the paper and give him his watch and chain as evidence, as he intended to take divorce proceedings. The next day he consulted Mr. Lovibond on the subject of divorce proceedings, and handed him the watch and chain as evidence. Verdict, Not guilty.
On a further indictment for stealing on board the British ship Persia on the high seem nine rings, the goods of Elsie Lloyd Bowers, and feloniously receiving same, no evidence was offered, and a verdict of Not guilty was entered.
HENRY LOVIBOND was recalled, and questioned by his lordship as to the pawning of the watch and chain. He said it was between two and three on a Saturday afternoon when prisoner called; he (Lovibond) never kept articles of value in his office, and as he was leaving town over the week-end he directed his clerk to pawn the watch "for sale custody."
Mr. Justice Bucknill. Perhaps you will allow me to suggest to you, as a member of one of the branches of the great profession to which we Both belong, that this seems to me a most ques
tionable thing to have done. I can only say that I should recommend you not to do it again.
LAURIE, Martha (24, no occupation) , feloniously wounding her infant female child with intent to kill and murder her, and to do her some grievous bodily harm. Another indictment charged attempted suicide. To the latter prisoner pleaded guilty.
Mr. Kershaw prosecuted.
EMILY JONES , 67, Percy Road, Kilburn. Prisoner has lodged with her husband at our address for two years; on July 8 last she had a child born. On JuLy 20, early in the morning, I heard a baby screaming and a kind of thud on the floor. Mr. Laurie called for assistance, and I went to their room. The baby was lying on the bed; there was blood on the floor. I saw prisoner afterwards; she had a towel round her neck.
GEORGE TAVERNER , P.C. 623 X. I was fetched by prisoner's husband early in the morning of July 20. On going into the room I saw prisoner lying on the bed with a towel round her neck. I fetched the divisional surgeon; prisoner and the child were removed to the infirmary.
JOHN GILL , Sergeant, X Division. On August 3 I went to Paddington Infirmary and saw prisoner, and told her she would be charged with the murder of this child. She made no reply, and did not appear to understand what I said; she had a very dazed and vacant manner.
Dr. MORRIS SQUIRE, Paddington Infirmary. Prisoner and the child were brought to the infirmary at two a.m. on July 20. Prisoner had two cuts on the left side of her neck; the child had a small out about an inch long on the left side of the neck; prisoner was dazed and melancholic, and had only a hazy idea of what was happening; she was certainly insane.
PERCIVAL FULLARTON , Medical Officer, Holloway Prison. From August 3 till now prisoner has been under my observation. On August 3 I consider she was insane, and she is now. On July 20 I consider she was suffering from mania following from her confinement.
Verdict, Guilty of unlawfully wounding, but of unsound mind at the time of committing the crime. Ordered to be detained during His Majesty's pleasure.
Mr. Clarke Hall prosecuted; Mr. Purcell defended.
Verdict, Not guilty of carnally knowing; Guilty of indecent assault. Prisoner, who had been in custody since August 20, was released on his own recognisances in £10 to come up for judgment if called upon.
NEW COURT; Friday, September 14.
(Before Mr. Recorder.)
Mr. Godwin prosecuted.
Prisoner was brought screaming into court, and the Recorder directed that a plea of not guilty should be entered and the case heard in her absence.
HARRY PERCIVAL FULLARTON . Medical Officer at Holloway Gaol. Prisoner had been under my care since August 9. I consider she is sane and capable of understanding the nature of the charge. In my opinion her throwing herself down, screaming, and refusing to plead is not a genuine illness, but a pretence.
The Recorder. Under those circumstances I must direct that the trial take place in her absence.
Mr. Godwin. There is a passage in Stephen's Digest to the effect that, if a prisoner so misconducts himself or herself as to mate it impossible to try him or her with decency, the court may order the prisoner to be removed, and proceed in his or her absence. The case cited for that is one before Mr. Justice Will, Regina, v. Berry (104 L.T.J., 100). That a violent and noisy prisoner was ordered to be removed, and he was sentenced in his absence. I am informed by the officer of the court (Mr. Bead), who has had great experience, extending over a number of yeas, that there is a similar case before the late Lord Blackburn, where the prisoner was so violent and created such a disturbance that it was impossible to proceed with the trial, and the learned judge, satisfied that it was intentional, directed him to be removed and that the trial should proceed.
Dr. Fullarton also stated that prisoner did not act in this way at any other time, but was quiet and peaceable in prison.
LILIAN ANNIE WATERMAN , assistant to Messrs. Hunt, drapers. King Street, Hammersmith. On July 31 prisoner brought me a letter asking for some blouses and nightdresses to go out on Approval, and purporting to come from Sister Mary Walker, Mary Adelaide Ward, West London Hospital. I am sure prisoner is the woman. I selected the goods, packed them up, and gave them to her, asking if I should send for them, or would she bring them bark, and she said she would bring them back in a few minutes. Their value was £1 5s. 8d. She never returned.
Miss PURDY, a Sister at the West London Hospital, said there were 58 nurses and sisters, but no one of the name of Mary
Walker. She herself had charge of the Mary Adelaide Ward. Prisoner was in the hospital for about a month, and while there underwent an operation for the removal of a foreign body in the bladder.
CHARLES HUMPHREYS , Detective. I arrested prisoner on August 9 in Kensington High Street on information that she was attempting to obtain goods from Messrs. Derry and Toms by false pretences. That charge was subsequently dropped by direction of the magistrate. She said, "That it quite right. I wrote the letter myself." I was present when the was identified by Miss Waterman.
EMMA DUNSTALL , employed by Mr. Thomas Evans, 361, Barking Road, Plaistow. On July 27. prisoner brought me a letter purporting to come from Sister A. Walker, of Thomas's Ward, St. Mary's Hospital, Plaistow, asking that some ladies' blouses should be sent on approval. I executed the order. The value of the blouses was £2 3s. 6d.
The Recorder said that was rather a curious matter, and in all his experience, extending over 34 year, he did not remember such a thing happening, and it was necessary proceed with very great care in investigating the evidence. It had always been the rule that if a prisoner when celled upon refused to plead the Judge might direct a plea of not guilty to be entered, but it was very seldom that the conduct of a prisoner was of such a character that the trial could not take place in his or her pretence. It had, of course, been necessary to satisfy himself that she was in such a state of mind as to be capable of understanding the proceedings and pleading to the indictment by the evidence of the medical gentleman under whose careful observation she had been, and had that not been the case he would have directed her to be confined during His Majesty's pleasure.
Verdict, Guilty. The indictment further charged prisoner with a previous conviction on a similar charge at Blackburn in 1904, and to this the Recorder also directed a plea of not guilty to be entered.
CHRISTOPHER HODSON , Detective-Inspector, Blackburn Borough Police. I produce the certificate of the conviction of Beatrice Alison Major, sentenced at the Blackburn Quarter Sessions on July 1, 1904, when she was sentenced to three years' penel servitude for obtaining one chemise by false pretences. I had
her in my custody, and I identify the prisoner. Mary Brown, as being the same person.
The jury found the prisoner guilty.
Inspector HODSON read out a long list of previous convictions and sentences, including three years' penal servitude at Rochester Sessions.
Sentence: 18 months' hard labour.
THIRD COURT; Friday, September 14.
(Before the Common Serjeant.)
ROBERT, Paul, and CHAVIN, Camille , feloniously and without lawful authority and excuse having in their custody and possession a mould impressed with the figure and apparent resemblance of the obverse and reverse sides of a current silver coin of the Republic of France called a two-franc piece. Robert pleaded guilty.
Mr. Beaumont Morice prosecuted.
ARTHUR STORY , Detective-Sergeant, New Scotland Yard. From information received I and Detective Gillard kept observation upon 5, Warren Street, Tottenham Court Road, from five p.m. on August 31 until 7.20 a.m. on September 1. I then saw the two prisoners approach the house, 5, Warren Street. They stood looking around for a minute, and Robert opened the premises and entered with Chavin, who closed the door. Ten minutes afterwards the two prisoners left the premises. I arrested Chavin, Robert being arrested by Gillard. They were taken to the station. On searching Chavin I found a purse which I took from his right-hand trousers pocket, containing £1 in gold in one compartment, seven shillings and a penny in another compartment, good money, and in a third compartment three shillings base metal. They were dated 1894, 1896, and 1900 respectively. I drew the prisoner's attention to these coins; evidently they did not understand me, and made no reply. Subsequently I, Inspector Sexton, Sergeant Yeo, and P.C. Gillard went back to the premises, and I helped to take possession of a large quantity of coining implements, moulds, etc. The battery, chemicals, and tools were all lying about on the bench, and could be seen by anyone who entered the premises. I should say coining had been going on quite recently judging from the state of the floor.
Cross-examined. Robert carried a parcel which we found containing clean linen. I saw nothing of a parcel carried by Chavin, but he might have had one.
front door of 5, Warren Street, another the key of the workshop in the basement, where the coining plant was found, and another of a back room adjoining the workshop, the fourth is probably his private latch key. I used those keys to get in. Chavin was carrying a parcel which might have contained books. We found a parcel inside which was untied, and apparently had contained linen.
Cross-examined. There was abundant evidence of coining; a battery on the left-hand side of the room, on the floor a piece of metal; scattered about were piece of plaster of paris as if moulds had been broken; on a bench in front of the window were scrubbing brushes, boards, pieces of emery paper, and broken pieces of white metal. In the oven was a large crucible containing about 20 lb. of white metal melted down. At the side was about 10 lb. of metal. I should say anyone would have seen them if he had gone in for a few minutes. There were splashes of plaster of paris all about and splashes of metal on the grate.
ALBERT YEO , Detective-Sergeant, New Scotland Yard. On September 1 I went with Inspector Sexton, Inspector Parsons, Sergeant Story, and P.C. Gillard to 5, Warren Street. We entered with keys taken from Robert. On the left-hand side of the workshop we found a large bench fixed with a number of shelves on the side and on the wall. Behind the bench I found six zinc patterns for moulds, showing signs of recent use, a box containing 36 two-franc pieces, a small cardboard box containing 36 two franc pieces, and 56 five franc piece, false Belgian money. Some were wrapped in packet of five with paper between the coins; and 40 five-franc pieces, false French money. On the top of the bench a tin mustard box, containing 70 counterfeit shillings, and a small iron saucepan. On the bench were 17 counterfeit florins, 12 bottles containing various fluids and acid used for coining, a large glass chemical gauge, a plating rack used for putting the coins into the plating bath, a ladle for pouring metal into moulds with metal inside and a quantity of tin, copper, and insulating wire, two wooden troughs used for pouring the plaster of paris in and making the mould shape, and a wooden hand clamp used for holding the mould shape, a large three-burner paraffin stove full of oil, and having the appearance of having been recently used with soot on it. Under the window was another bench with two vices fixed on it, five files, much used, for opening the moulds, three pairs of pliers, a small hand vice, two metal spoons, with plaster in them, and an enamelled bowl with plaster on it, three ordinary chisels, a screw hammer, a scraper, three tin saucepans, an oil stove, three scouring pans for mixing emery in to scour the coins. On a shelf by the side of the fireplace were six bottles containing cyanide of potassium and other chemicals, six scrubbing
brushes, two showing much use, for scouring the coins after coming from the mould. I found six moulds in a box, three for making 5 franc pieces and three for making 2 franc pieces. They seemed quite new and unused. On the left-hand side of the room on a shelf was a large and very powerful battery and two baths full of liquid used for plating. There were a quantity of French books, some in MS., containing different receipts for making chemicals and mixing metals, and some English books. In the oven was a crucible containing 10 lb. to 15 lb. of metal and under the shelf on the left was a large quantity of metal run down, and six scrubbing boards. The room was about nine feet square, and was full of these things and they were all exposed to view. In one corner was a quantity of coal. On the floor were spashes of plaster and metal. The ground floor is a cycle-shop, and the upper rooms are let in tenements. The window of the workshop was coated very thickly with whitewash, quite opaque. There appeared to have been a fire quite recently. The scrubbing boards showed considerable wear.
ROOGER CAMBON , Attache to the French Embassy. I attend at the request of the French Ambassador. The two 5 franc pieces produced are dated 1867 and 1868 of Napoleon III., and are imitations of current coin of France. Two others are imitations of current 5 franc pieces issued under the French Republic in 1873 and 1875. The two moulds produced are of 2 franc and 5 franc pieces current in France of dates 1867 and 1873.
Baron HENRI DE WOELMOUT, Secretary to the Belgian Legation, appearing at the request of the Legation. Three coins produced are imitations of current Belgian 2 franc pieces of 1867 and 5 franc pieces of 1869 and 1867.
CORNELIUS SEXTON , Detective-inspector, New Scotland Yard. At 8.15 a.m. on September 1 I spoke in French to the prisoners at Tottenham Court Road Police Station. Chavin asked me what he was there for. I replied, "You have been brought here by officers acting under my instructions." He again asked me to tell him what he was brought there for. I said, "You had better wait and I will confront you with the officers, when they will give me in your presence that which was found on your person, and I will then tell you exactly what the charge will be against you." I then went with the other officers to 5, Warren Street, where the articles enumerated by Sergeant Yeo were taken possession of. Later, after searching those premises, I saw both the prisoners at the police station together and in their presence the two officers, Story and Gillard, handed those things to me. Story handed me a purse which contained three counterfeit shillings and said, "This is what I found in this man's right-hand trousers pocket." I said in French to
Chavin, "You hear what the officer says, that these three coins were found in your pocket this morning when you were arrested. What do you say about them?" He made no reply. They were then formally charged with being concerned together in having in their possession several counterfeit coins, and further with possessing plant—that is to say, batteries, moulds, etc.—for the manufacture of counterfeit coins, both of this country and France and Belgium. The whole of the articles which we have gone through to-day were before them and all the coins. Robert made no reply. Chavin said, "I earn enough to gain my own living without making false money. I ignore (j'ignore) what my friend does. I am a pastry cook, and have always worked since I have been in this country." I have found that to be quite true, and I believe he was on hit way to work when arrested. Then Robert said, "All I say is that I am alone in the affair. My friend was only going to give me a hand to move. It has been brought on through poverty. I was making the money because I was out of work for the past month. I take all responsibility. The moulds by which I made the English money I broke up. I only made enough to live with. The coins did not turn out very good, so I again melted them down." I asked for their addresses, and Robert said, "Find out; it is for you to find that out. You seem to know a lot up to the present. Find out, it is for you." I then told him "Yes, I know your address," and mentioned it to him, and he said, "That is your business." I knew the address, because Chavin frankly gave me his address. He said, "I live with my friend at No. 12, Regency Street, but not in the same room." I then with Inspector Parsons searched 12, Regency Street, Westminster. In the room occupied by Chavin I took possession of a very large quantity of most inflammatory Anarchist literature, pamphlets, books, etc. I omitted to state that at the police-station Gillard handed me a book showing that Robert is the secretary of the Anarchist Propaganda in London, and showing the names of the members and the amounts collected from them. There is the name of Tombat. His payments cease from the date in January last on which he was sentenced to seven years' penal servitude in this court for counterfeiting and circulating false money. Chavin's name appears there in April this year. He has been only four or five months in this country.
HENRY FREDERICK CHURCHILL . I keep a cycle shop at 5, Warren Street. In July Robert came to me with an interpreter and said he wanted a basement as a workshop. I told him I had two basement to let. He said he only wanted one. They came back about a week afterwards and took the two. taking possession on August 13. I gave them three keys for the front door and the two rooms. I am at the shop from eight a.m. to eight or nine p.m. Mrs. Cooper occupied the second floor with her
daughters. Robert and another man (not Chavin) took possession. I saw Robert, and I think the other man about three times. Nothing was said to me by Robert about leaving.
Cross-examined. I never saw Chavin.
THOMAS FRANK ROSE , D. Sc., principal surveyor at H.M. Mint. Coins produced are all counterfeit. Some are silverplated and some not. The plating could be done by the battery found on the premises. The 70 counterfeit shillings and 17 counterfeit florins have six different dates, so that six moulds would be required.
EMMA MANDELL , 12, Regency Street, Westminster. On May 7, 1906, I let to Robert two rooms on the top floor. About June 9 a man named Levigni took the drawing-room floor, and the prisoner Chavin came as a lodger to him. Robert and Chavin lodged in my house until the day of their arrest. Robert usually went out about 7.30 am., came home about 12 to 12.30 to lunch, and returned again about six p.m. Chavin usually went out about 7.30 a.m., I think separately. Neither of them gave notice to leave.
The case for the Crown being closed, his lordship ruled that there was no evidence against Chavin of the possession of the mould, and the jury returned a verdict of not guilty. Chavin was then charged with unlawfully having in his possession three counterfeit shillings.
CORNELIUS SEXTON , cross-examined. I found nothing at Chavin's place which had anything to do with the making of counterfeit coin. When the prisoners were waiting to go before the magistrate I said to Chavin, "It seems very straight on the part of your friend; he is taking the whole responsibility on his shoulders, but that does not do away with the fact that you had in your possession three counterfeit coins," or words to that effect. Chavin made no answer to that. I ordered some food to be given to Chavin. He did not at the time say, "These pieces were given to me by Robert on paying me back 5s. which he owed me.
CAMILLE CHAVIN (Prisoner on oath). I have to say to the jury that Robert has deceived me, he has abused my good faith, because he has never told me until after my arrest that he had given me those false coins. Being in possession of these pieces is a proof of my innocence, as I should certainly have not come to Robert's residence with the three bad pieces in my pocket.
Cross-examined. The three pieces were in a separate part of my purse simply by hazard. They might just as well have found themselves with the other money on the other side. Do the jury really think I am guilty?
Verdict, Guilty. Sentence, Robert seven years' penal servitude, Chavin six months' hard labour. Both certified for expulsion under Aliens Act.
DUNTON, Richard (50, art florist), and JONES, Cornelius (56, traveller) ; Dunton stealing ten pieces of lawn, a quantity of artificial flowers, and six yards of velvet, the goods of William George Harman and another, his masters; Jones feloniously receiving ten pieces of lawn and a quantity of artificial flowers, the goods of William George Harman and another, well knowing the same to have been stolen. Dunton pleaded guilty.
Mr. M.C. Cohen prosecuted; Mr. Clarke Hall defended Jones.
GEORGE DANCER , Detective, City Police. On August 25, 1906, at 3.15 p.m., in company with Detective Dyer, I saw Jones enter "The Grapes public-house carrying a parcel. Two minutes later Dunton entered carrying another parcel. They shortly afterwards left with the parcels. We followed them to South Place, Finsbury, where they were stopped. I said to Jones, "We are police officers. What have you in that parcel?" He said, "Lawn." I said, "Where did you get it from?" He said, "I am going to sell it to the other man," pointing to Dunton, "he knows all about it" I then said to Dunton, "Where does this parcel come from!"Dunton made no reply. We then took them to the station, where Dunton was charged, on his own confession, with stealing the lawn—that is the parcel that Jones was carrying—and also the parcel containing velvet which Dunton was carrying, and four sprays of artificial flowers which were found in Jones's silk hat when he was searched. Jones was charged with receiving the lawn and flowers, well knowing them to have been, stolen.
Cross-examined. I found on Dunton six pocket handkerchiefs, which I have since found were in fact bought by Jones. Jones said that Dunton gave him 1s. 6d. for them.
WILLIAM GEORGE HARMAN , artificial flower maker, 28, Bartholomew Close. The lawn and flowers produced are part of my stock, stolen from my premise. Dunton was in my employ as a shader of flowers up to the time of his arrest.
RICHARD DUNTON . I was in the employ of Richard Harman and have pleaded guilty to stealing these goods. On Saturday, September 1, I saw Jones. The previous Saturday he had asked me if I could let him have a spray or two of flowers, and I promised him that I would see him the next day. That appointment I never kept On September 1, about 3 p.m., I locked up the upper part of our premises and was going down to the basement when Jones came up to the front door and asked me if I could let him have a couple of sprays of flowers. He followed me downstairs into the basement and I gave him
the two sprays of flowers produced. He then saw the packet of lawn produced, and said, "I can do with that. I can sell it and we will share the money." I said, "I do not like doing that kind of thing." He said, "Go along, that is all right," and he persuaded me to let him have it. As we went out the evil thought came in my head to take the velvet produced. Jones wrapped up the lawn and I made a parcel of the velvet. Jones left and I locked up the basement and met him at "The Grapes" public-house in Jewin Street. Jones put the artificial flowers in his silk hat.
Cross-examined. I have known Jones for some time. He buys stuff and sells it. Seven months ago my father died suddenly. He was a dealer in plant decorations, grasses, and palms. Some years ago he used to make flowers. My father had some stock which we had to sell off. Jones assisted me in selling it. I did not tell Jones that the lawn and flowers were part of my father's stock. Jones did not tempt me to steal the velvet. This is the first time I have robbed my employers, except that on three or four occasions I have let Jones have a spray of flowers. I was going to take the velvet home to my wife. Jones gave me six handkerchiefs for the flowers. I sold a van load of stuff from my father's estate to Taylor, of Edmonton, consisting of grasses and ferns and some furniture, for about £10.
Re-examined. I have been three and a half years with Messrs. Harman. I previously was with Mr. Fielden and worked for Taylor, of Edmonton, and was in business for myself. I was in the House of Commons for eleven years as a messenger.
To the Judge. I have never met Jones at "The Grapes" before. The value of the flowers is about 2s. The sprays I gave Jones before were not worth as much; they were things which we used for copying and were faded. I had a couple of handkerchiefs worth 43/4 d. each and a pair of socks for them from Jones.
CORNELIUS JONES (prisoner, on oath). I am a traveller in artificial flowers and other goods. I have known Dunton about 30 years and knew his father. His father died six months ago, and I had a commission with him about selling his goods, which were the ordinary property of a flower maker who had been in business fifty years. About August 24 he met me where we both go to dinner in Fleet Street, and said, "I shall bring up from home a packet of lawn. It is almost the last of my father's things. I do not know what mother will do when they are all sold." When he left on the Saturday at three p.m. I met him in Aldersgate Street, and he handed me the parcel of lawn. I always met him when he left off or in his dinner
hour. He said, "That is the packet of lawn I told you I would bring up." I had suggested he should leave it at Liver-pool Street Station, where he came to. I have never been in Messrs. Harman's place at any time. Dunton told me the price was 3s. 6d., and he said, "You can have all over the 4s. 6d. and 5 per cent out of the 3s. 6d." He "aid he had got some sample flowers. I had offered to sell him the six handkerchiefs for 1s. 6d., which it my price, at which I have sold dozens, and he offered to give me these flowers for them. As they are about the same value I took them and put them in my silk hat, which is the way we always carry sample flowers. I never bought any other flowers from him. He told me it was some flowers he was taking home to his wife, and in the trade anybody in the employ of a florist can have a few flowers by asking for them for their female friends. I have always borne a good character.
Cross-examined. Dunton's father was an artificial flower maker, but he had a speciality in plant flowers instead of bonnet flowers. Every flower maker uses lawn. Dunton was carrying the flowers in his hat, and I said to him, "You have spoilt these—you ought to wear a silk hat." Every statement Dunton has made about this is absolutely untrue.
Verdict, Jones, Not guilty; Dunton sentenced to four months' hard labour.
FOURTH COURT; Friday, September 14.
(Before Judge Lumley Smith.)
SMITH, John pleaded guilty , to robbry with violence on Mary Ann Woodford, and stealing from her a part of a chain and other articles. Police proved a number of previous convictions and gave prisoner a very bad character. Sentence, four years' penal servitude.
HERITIER, Claude (21, clerk) pleaded guilty , to feloniously and without lawful authority acknowledging a certain recognisance to bail in the name of Gerard Austin; also to forging and uttering a certain recognisance of bail with intent to defraud; also to burglary in the dwelling-house of Jules Heritier and stealing the sum of £83.
Detective LOADER said that prisoner had a good character in various situations, and had been a good son to his mother
until he got into the company of a loose woman in the West End, a prostitute who has led him astray. Prisoner's mother was an English lady born in Belgium; his father was a highly respectable man. Prisoner was not stopping at home when he stole his mother's money. He had left home about August 10, and the burglary was on the 25th. Prisoner was in delicate health and easily led astray. A letter was handed to the court from the mother stating that she did not want to prosecute, and had only taken proceeding's to get her son away from the girl in question. He had been in gaol since September 4.
Prisoner was released on his own recognisances to come up for judgment if called upon.
OLD COURT; Saturday, September 15.
(Before Mr. Justice Bucknill.)
Mr. Clarke Hall prosecuted.
Verdict, Not guilty.
Verdict, Guilty. Sentence, 12 months' hard labour.
Mr. Clarke Hall prosecuted.
Verdict, Guilty of indecent assault. Sentence, 15 months' hard labour.
NEW COURT; Saturday, September 15.
(Before Mr. Recorder.)
FRANCES MYERS , Sermon Lane, Clerkenwell. I have been living with prisoner three years on and off. On August 24 I was drinking at the "George" public-house with him and another man. Prisoner left the house first. I drank up my glass of beer and followed him to Sermon Lane. He said, "Are you going upstairs to bed?" I said, "Yes, if you ain't going to touch me." He said, "I am not going to touch you; I won't
speak to you." He said again, "Are you going to bed?" I said, "I said, "I am presently." He said, "You are, are you?" I said, "Yes, if you are not going to touch me." With that he took hold of my throat, threw me on a chair, and I knew no more. I did not feel anything. As he laid hold of my throat, I said, "You are choking me; do leave me alone." I found myself saturated with blood. I then said, "Oh, my goodness, whatever have you done? You have murdered me." So with that I tried to call for help. He went down the stairs first. I followed him down, and saw a constable. I was stabbed in the chest and shoulder. I was taken direct to the station, and the doctor put stitches in. The wounds are heating up very nice, but the doctor says I am sure to feel them with the change of weather. I think prisoner had been drinking. I could hardly tell when he was drunk or sober at times. He is a heavy drinker.
BERNARD MEREDITH ROWE , Police Surgeon, K Division. On August 25, at 1.10 a.m., the last witness was brought to Upper Street Police Station. I examined her. Her clothes were saturated with blood. I found a wound on the left shoulder proceeding downwards 21/2 inches, sufficiently deep to out through all the layers of the skin and lay bare the muscle. Over the heart was a stab three-quarters of an inch long, sufficiently deep to lay bare the muscle. A little deeper it would have been fatal, as it would have hit the heart and caused immediate death. I think the knife caught the rib, and that saved the woman's life. The injuries might have been caused by the knife produced. There was blood on the haft. Force mutt have been used, as it is not a very sharp knife. I stitched the wounds and the woman went to the infirmary. She is going on well.
JAMES PEARCE , Police Constable, 268 N. On August 24 I was in Sermon Lane, Clerkenwell, and heard screams. I went into the yard of No. 1, and saw prisoner bleeding from a wound on the left shoulder. She said she had been stabbed with a knife by a man. I went into the stable and saw prisoner coming down the steps. I asked him if he was the man who did it, and he said "Yes, I done it with this knife," which I found upon him. I took him into custody and at the station he said, "I did it because she had been drinking with another man." He was sober.
Detective-sergeant WILLIAMS said there was no conviction against the prisoner, who got his living as a carman, and also helped his brother as a wood chopper. The room where the occurrence took place was above a stable, and prisoner and the woman were people of poor moral character.
Sentence, 18 months' hard labour.
DURACK, John (57, shipwright) , Feloniously wounding Arthur Hughes with intent to do him some grievous bodily harm, feloniously wounding James Schofield with intent to do him some grievous bodily harm, feloniously wounding Charles Rose with intent to do him some grievous bodily harm.
Mr. T. Wing prosecuted.
ARTHUR HUGHES , blacksmith, 27, Ellesmere Road, Poplar. On September 9, at about 11.30 p.m., I was at the corner of Canton Street, Poplar, talking with James Schofield, a ship-wright, when prisoner crossed over to us and said, "What do you want?" I said, "Nothing," and with that he struck me under the ear. I fell down, and on putting my hand to my head found I was bleeding. I said to my friend, "I am cut." With that my friend went to my assistance, and after a struggle he found that he was cut. Prisoner ran away. Another young gentleman, Rose, was coming down the street with his young lady, total strangers to me, and prisoner went for him. I went to the station, where my wounds were dressed. I have seen prisoner and his wife, but never had any conversation with them.
To Prisoner. It is untrue that I had been having anything to do with your wife. I had not been quarrelling with you and your wife, as you were coming along Upper North Street. I did not say "Annie, come with me to the coffee stall." I did not strike the first blow with some sharp instrument, causing the present injury to your eye.
JAMES SCHOFIELD , shipwright, 3, Thames Street, Limehouse. On the night of September 9, at about 11.30, I was with Hughes at the corner of Canton Street. Prisoner came up and struck Hughes on the back of the neck. I did not see anything in his hand. Prisoner then turned on me. I noticed that prisoner's eye was injured, but do not know how that came about.
CHARLES ROSE , labourer, 68, Orchard Place. On the night of September 9, at about 11.30, I saw Schofield and Hughes at the corner. I saw prisoner rush at Hughes and stab him in the neck with a knife. He then rushed at Schofield and then at me, and I put up my hands to protect myself from the blows. Prisoner ran about three or four yards and then fell on his face. When he got up he ran into a house close by. He was bleeding from the eye.
ARTHUR GALE , 775 K. On the night of September 9 I went to 134. Canton Street. I saw Hughes bleeding. I ran to the back of the premises, but could not find the prisoner. I then scaled a wall and saw prisoner lying under some bushes. He was bleeding from the eye and slightly drunk. I arrested him. He did not say anything until he got into the road. Then he said, "That is that there man Crawley. He has been with my wife many a time." At the station the doctor was called and dressed the wound. When charged he said, "I wish to charge
those three for trying to get my wife to a coffee stall in East India Road, and I done it in self-defence." I know nothing of the man Crawley. I know prisoner's wife frequents the streets late at night.
HENRY JOSEPH O'BRIEN , Divisional Surgeon, K Division. Hughes had a severe wound at the back of the neck 1/4 in. long The neck was much swollen and there had been effusion of blood. The wound was just over the carotid artery. I also examined Schofield. Prisoner was suffering from a severe contusion of the right eye with a deep wound at the outer angle of the eye. I should say it was done with something blunt, and might have been caused by a fall. It is very improbable that it was caused by a knife. I have known him twenty years. I could not say he was drunk that night.
ARTHUR BRIDGE , Police-Constable, 99 K. On the morning of September 10 I went to 134, Canton Street, where I found the knife produced in a garden where the prisoner was concealed. There was blood upon it.
WALTER WALMISLEY , Inspector, K Division. I was in charge of the station when prisoner was brought in on the morning of September 10. He pointed to the injury to his face and said, "They did it," indicating Hughes and Schofield. "I was trying to protect my own wife. When I was trying to get her indoors they all set on me, about a dozen of them. This man (pointing to Hughes) struck me with a knife or with some instrument, and what I did to them was in self-defence. They belong to a gang in Poplar who go about getting married women from their husbands, and it is time they were stopped."
MARY ANN DURACK , prisoner's wife. I was with my husband in Canton Street, between 11 and 12 on the night of September 9. I saw Hughes, whom I know as a neighbour. He said my husband was not my husband, and asked me to have a cup of coffee at a stall. I would not go with him. He struck my husband in three places, and my husband fell to the ground. I did not see any injury to Hughes or to Rose. I have had nothing at all to do with any of these men, nor with Crawley. I have been married to prisoner about 17 years.
Prisoner. I have Crawley's words. Crawley told me 12 months ago in a public bar, before a barmaid—of course, this has nothing to do with the case—that he has slept with my wife and been with her at night. I accused her of it and she said she would bring Crawley to me and get me to give him a good hiding for saying so.
Verdict, Guilty of unlawfully wounding. Sentence, six months' hard labour.
Mr. W.W. Lucas prosecuted; Mr. Purcell and Mr. W. H. Thorne defended.
GEORGE SAMUEL BORRETT , employed by Mr. John Albert Smith, patent medicine vendor, Shoe Lane. On February 5 I was sent to buy postage stamps and went to the Fleet Street Office. I had in my overcoat left-hand pocket three letters, one containing postal-orders amounting to £2 9s. 6d. and sealed. I bought £6 worth of 21/2 £d. stamps and £2 worth of 1d. stamps, which I put in the same pocket with the letters. There were several people in the post-office. In front of me was a very short old lady. She was paying some money into the Post Office Savings' Bank—14s. She took some considerable time fumbling about for the money. On the right-hand side some man was pushing me on the elbow. I looked down and saw that he was very short and very stout. I could not swear to the man. He had on a bowler hat and blue coat. I had the stamps in my pocket at the time and wanted to purchase some postal-orders. When I got to the postal-order department there was someone pushing me very hard. I looked and again saw this short, stout man, but I did not take any particular notice. As I turned round to come out of the post-office I put my hand in my pocket to feel for the letters I had to post and found that the stamps and two of the letters were gone. The build of the prisoner is the build of the man I saw, but I cannot swear to him. I told one of the female clerks of my loss and then went down to the Bridewell Police Station. On the Tuesday after August Bank Holiday I was taken to the Mansion House and out of about fourteen men identified prisoner as being, to the best of my belief, the man who had pushed my elbow.
ERNEST ALBERT PATMORE , counter clerk, at Mark Lane Post Office. On February 10 last two men came in, one of whom (prisoner) tendered me two sheets of 21/2 £d. stamps. I told him it was necessary to fill in an application form. He wanted cash for the stamps. The rule of the service is that he must state who he is, and on the authorities being satisfied that he is the lawful owner, they will purchase, but such transactions are very rare. While filling in the form prisoner had some conversation with the other man. The name prisoner wrote on the form was James Gardiner, and the address, 27, Old Church Road. Commercial Road, E. He left the stamps which would be forwarded to the chief office of the Clearing House branch and there examined. The issue of the warrant for the return of the money is within the discretion of the Poatmaster General. If issued it would be sent to the office nearest to Commercial Road.
Police-Sergeant FERGUSSON gave evidence as to the arrest of the prisoner, who said, "I know nothing about the stamps." At Bridewell Station he was placed with 13 other men and identified by the witness Patmore. At Mansion House application was mode by a relative that prisoner's watch and chain might be given up for the purpose of providing money for the defence. When witness asked him for a written authorisation to give up the property he said, "I may as well tell you that I did go to Mark Lane and offer these stamps for sale. I had found them the day previous. When I saw I had given the name I am known by and the right address, I saw I had done wrong, and I ran away."
Verdict, Guilty of receiving.
Sergeant HENRY RICHARDS, N Division, proved a conviction at this court for robbery with violence on November 19, 1894, when prisoner was sentenced to seven years' penal servitude for robbery with violence, and read a long list of other convictions.
Inspector JAMES MURPHY said that, after prisoner's release on leave in February, 1900, he was found employment by Mr. Wheatley, and kept in it for twelve months, but during the last four or five years had gone back to his old companions and had become the associate of thieves and prostitutes, living on the earnings of the latter. In February, 1905, he was charged with burglary but acquitted.
Sentence, 18 months' hard labour.
Mr. W.W. Lucas prosecuted.
HANS O'HOVDE , a Norwegian boatswain. On Aug. 23 about midnight, I was walking along the Rhodeswell Road, when three fellows came behind me, seized me by the throat, knocked me down, took my watch, chain, compass and hat, and ran away. I had a "blue" eye, but cannot say whether it was hit by a fist. I met a policeman who asked where was my hat, and I told him three fellows had got it. I saw the hat at the police-station the same night and identified it. I did not see the faces of the men who attacked me. I felt the injury to my throat for fourteen days.
WOOD, Police-Constable, 666 K. About midnight on Aug. 23 I was in Tyne Street in company with Police-Constable Hilling. While standing at the corner of Tyne Street at the junction with Rhodeswell Road, we saw three men running towards us from the direction of Gough Street. We called on them to stop. They refused and in turning round, threw something away. The prisoner Desena turned to the left towards Commercial Road. I gave chase and eventually
caught him some little distance down Salmon's Lane, the other constable giving chase to Hoy. After I had caught Desena I took him back to where I had seen something thrown away and found the hat and the other things. I asked him what he had been doing and he said "All right, governor; it is only a bit of a fight with a couple of roughs down the street. They used their belts and we ran away." Five minutes after the arrest of Desena I had Hoy in custody. I recognised him as the companion of Desena. When I told them they would be put amongst others for identification, Desena said, "It is a sure thing. We are sure to be picked out of this."
HILLING, Police-constable, 141 K. About midnight on August 23 I was in Tyne Street with Police-constable Wood, when three men came running towards us. I said to Wood, "There is something wrong here" and we called upon them to stop. Instead of that, they turned round and ran up Gough Street. They afterwards separated, Desena running to the left and the other two men to the right. I followed Hoy. When he got to Parnham Bridge, he mounted the parapet and jumped down on to the towing path, a distance of 14 feet, and there he was captured by 262 H, who had answered my whistle. Hoy when captured said, "All right, governor; it was only a street fight."
MCHENRY, Police-constable, 262 H. In the early morning of August 24 I was on duty in Carr Street, Limehouse, near Parnham Bridge. Hearing a whistle, I ran through Carr Street to Parnham Street and saw prisoner Hoy and another man running across the bridge and making towards Carr Street. The third man happened to get away, but Hoy jumped over the bridge, a distance of about 14 ft. I jumped after him and caught him. He said, when caught, "All right, governor; it is only a street fight. I will go quiet." I took him to Lime-house Police Station, and prosecutor, about ten minutes afterwards, came in and identified his hat, which was lying on the table.
HUMPHREY JONES , assistant divisional surgeon, K Division. I examined the witness O'Hovde on the 24th ult. He complained of pain in the throat and difficulty in swallowing and in speaking. I found red marks on either side in the region of the voice organ such as would correspond with a grip of the hand. The throat was already swelling. Besides the red marks it was evident from the examination that prosecutor had a difficulty in swallowing, so that the grip must have been severe. He also had a graze or bruising of the left eye, which I think was probably caused by a fall. I also examined Desena, who complained that he was suffering from heart disease, and I found he had severe palpitation, but nothing more than that. The palpitation would be accounted for by a man whose heart
was weak running at a rapid pace. I failed to find valvular disease of the heart; there was no murmuring. I think prosecutor will suffer no further inconvenience.
DESENA read a statement, in which he said he was innocent of the charge, and had been under treatment for heart disease a the London Hospital and at St. Bartholomew's. Since he had been out of hospital he had been selling things in the street. Prisoner also gave references where he had formerly been employed at carman.
(Monday, September 17.)
ROLAND HOY (prisoner on oath) stated that on the night in question he was going through Tyne Street, at the bottom of which he saw seven or eight men who seemed to be fighting. One came towards him swinging a belt and said, "Holloa, are you one of them." As this was not the first or second time he had been knocked about in this rough neighbourhood, to avoid punishment he ran away. When the constable called on him to stop he continued to run because he thought the constable might think he had something to do with the fighting.
Verdict, Guilty against both prisoners; Sentence, both 12 months' hard labour.
THIRD COURT; Saturday, September 15.
(Before the Common Serjeant.)
Mr. Purcell prosecuted; Mr. Leycester defended.
JAMES PARTRIDGE , cheese buyer: 'J. D. Link and Sons. Central Market On July 16 I bought 69 cheeses at Messrs. Delcomyn, Tooley Street, of three marks—28 boxes "Superb Blossom 19," 18 boxes "Canadian Produce D 115," and 23 boxes "Canadian Produce D 120," for £112 6s. 1d. I bought them from samples of three fives which I tasted. Ten were to be delivered direct from Tooley Street, and the remaining 59 by Eliza Wells and Son, Limited, on July 18. On July 30 I saw 43 boxes which I believe to be part of those I purchased, by the marks which I identify, and ten other boxes which I identify. Some of the marks had been scraped off and "Peggy brand" put on.
Cross-examined. What I bought were all Canadian cheeses—they differ in quality. I only saw 15 boxes when buying.
I could not swear to cheeses from the taste. Provision merchants sometimes scrape off the brand and put their own brand on.
FRANK MACPHAIL , employed at Delcomyn and Co., provision importers. On July 16th Messrs. Link and Son bought from us 28 boxes "Superb Blossom 19," 18 boxes "Canadian Produce D 115," and 23 boxes "Canadian Produce D 120" for £112 6s. 1d. Fifty-nine were to be collected in the Surrey Commercial Dock. We had only 19 more of "Superb Blossom 19," which we sold to Dicks, Carter and Ayles, and no other "Canadian Produce D 115" and "D 120." I do not know the Peggy Brand. Boxes produced had had the original brand erased, and "Peggy Brand" put on, but some have still the original factory mark left on.
Cross-examined. The price of this cheese varies from 40s. to 70s. per cwt. "D" is the shipping mark for the name of the consignee, Delcomyn, and would be used frequently. The number added is only used once in a season. The "D" might be used by other shippers.
WILLIAM DAVIS , foreman, Eliza Wells and Sons, Ltd., carmen and contractors, Manor Lane, Rotherhithe. On July 18 I seat carman Baxter to the Surrey Commercial Docks for 38 cheeses and carman Patey for 28 cheeses. On their return Patey was sent with the 59 to Link and Sons. On July 30 I brought from prisoner's place of business 43 cheeses—19 "Superb Blossom," 11 of "D 115" and 12 of "D 120." On Aug. 3 I went to different places with the police and collected 73/4 cheeses in addition.
W. D. Chapman and R.A. White, checkers, proved delivery of the 59 cheeses.
HENRY PATEY , carman to E. Wells and Son. On July 18 I collected 28 boxes from the Surrey Commercial Dock and on my return to E. Wells and Son 31 boxes were transferred to me from Baxter's van. I then took the 59 cheeses to Link and Son and backed my van to their gateway, arriving there at 11 a.m. I went into the office to get the weight note and on my return my van was gone. The next morning the van was found without the cheeses.
the side, and at the rear a ware room in which the prisoner carries on business as provision dealer. The prisoner entered the private door and I said to him "We are police officers, and are making inquiry about some cheeses that have been brought here during the last fortnight." He said, "Come in" We went into the ware room and I then pointed to two cheeses which were there, and asked him where he bought those cheeses from. He said, "Kearley and Tonge." I asked him how many he had bought during the last four weeks. He said, "Eight" I then said, "We are going into the basement. What have you got down there?" He did no, reply and we all went down to the basement. It consists of one large room about 12 feet by 14 feet, and there are three doors, one underneath the staircase where coals are kept, one to a sort of number room about 8 feet by 4 feet, and a padlocked door leading to a dark cellar 10 feet by 8 feet. The large room had a quantity of plumber's and builder's material in it. When I saw the padlocked door I said "Have you got the key of this." He said, "No; it does not belong to me, it belongs to a man in the City Road." At the same time he pointed to 2 pairs of steps with the words, "Helves, City Road," on them. I then forced the padlock from the door. He said, "You must not do that to other" people's property." I said, "I have done it" When the door was opened, I found 43 bores, each containing a cheese. I asked prisoner, "How do you account for the possession of these cheeses?" He said, "Well, it is like this. A van was coming along, the other day, and there was something wrong with one of the wheels, and the wife allowed the man to put them in here; but there, I have paid a fair price for them." I said, "Who did yon pay?" He said, "A man up the road in a public-house." I asked if he had seen him since—if he knew him. He said, "No." I asked him how he paid. He said, "In cash." I then told him he would be charged with receiving these cheeses well knowing them to have been stolen. He made no reply. I showed him the memorandum (produced), which I had found in the house on a file among other bills. "Memorandum from Newson and Co., Tooley Street, E.C., to Hyde and Co., Clapton. July 18, 1906. Please receive" and then what was 65 boxes of cheese was altered to "59." He said, "Yes, I know where you got that." He was taken to Hackney Police Station, and on being searched, there were found on him several keys, one of which fits the padlock on the cellar door.
Cross-examined. I have never seen the stamped invoice produced. I had with me Inspector Divall, Detective-sergeant Hine, Detective Smith, and three others. We all went down into the cellar. I think there were some other goods taken possession of by the other officers which do not relate to the
charge. I did not see anything but the cheeses in the cellar. There was some tea and other goods taken from somewhere in the basement. When I went there I said that the cheese I was inquiring about was a quantity of cheese that had been stolen. Prisoner said, "You can come in and have a look." When I asked him where he bought his cheese I referred to the particular cheeses in the wareroom. I may have asked him how many he had bought from Kearley and Tonge. I brought away one file of documents. There were others there. I produce member's card of the Southend Trotting Club, purchased July 18 and August 4.
Re-examined. I am clear that I asked him if those two were all the cheeses he had on the premises, and he replied, "Yes."
HERBERT HINE , Detective-Sergeant, City Police. I went with Inspector Crouch and other officers to prisoner's home on July 30. In answer to Crouch, prisoner said, "I have no cheese anywhere else. Those are all I have," referring to the two on the warehouse floor. "I have only had cheese from Kearley and Tonge." We then went into the basement. Detective Crouch said, pointing to a cellar which was padlocked, "Who occupies that cellar?" Prisoner said, "The plumber." Crouch said, "Who holds the key?" Prisoner said, "I do not." Crouch then proceeded to force the door. Prisoner said, You must not break open another man's place." When the door was open Crouch pointed to 43 boxes of cheese which were there and said, "Whose cheese are these?" Prisoner said, "They are mine." Crouch said, "Where did you get them?" Prisoner said, "I bought them. I paid a fair price for them." Crouch said, "Who did you buy them from?" Prisoner said, "I do not know his name. It is like this: My wife took them in. A man drove up in a van and asked her to let him put them in the warehouse, as something had gone wrong with the wheel of the van." Crouch said, "When did you last see him—have you seen him since?" Prisoner said, "He came to me a day or two after and asked me to buy them, and I agreed to pay him 57s. a cwt.' Crouch said, "Have you paid anything for them?" He said, "Yes; I have paid him £20 and £10." Crouch said, "How?" Prisoner said, "Cash." Crouch said, "Where?" He said, "In a public-house up the road." Crouch said, "Where does he live?" Prisoner said, "I do not know." Crouch said, "Have you any receipt?" Prisoner said, "No." He was then taken into custody. In the same cellar I found a scraper or spokes have, and six stencil plates, including "W. H. and Co." and "Peggy Brand." In the same cellar were six or seven cases of sardines and some bottles of wine.
Cross-examined. I took notes at the time of prisoner's answers, not Crouch's questions, up to the time of the forcing of the door. Then I was in the dark, and I did not take notes
after the cheeses were found. I have no note of his saying that he had not got a receipt, or that he had paid the man in the public-house.
Detective-inspector DIVALL, J Division. I went into the premises before the prisoner came home. I searched for documents and found no receipt in the name of Newson for 59 boxes of cheese.
Cross-examined. I searched every part of the house for documents with the prisoner's wife.
Re-examined. I took a statement from prisoner's wife in writing and she signed it.
ARTHUR JOHN BLOTT , 8, Clarence Mews, Lower Clapton, provision merchant. I know prisoner, and during the last ten months have bought from him sugar and tapioca. In consequence of a message I received I called upon prisoner on July 23 and asked him about the cheeses he had for sale. He said, "Yes, I have some. I can let you have half a score at 57s. a cwt" I agreed to take the ten, and removed them on July 25. They were marked "W H and C peggy Brand." I sold them to different customers and gave their names to the police.
Cross-examined. I have known prisoner eight or ten years. He is fairly well known as a wholesale dealer.
WILLIAM JOHN HYDE (prisoner on oath). I am a wholesale provision merchant, carrying on business at 86, Lower Clapton Road, and have been in business 20 years, during which time I have had no charge brought against me. On July 18 I was at Southend with Mr. Flood, Mr. J. Warman, Mr. Nethercott, a butcher of Hackney, and a number of other men that I know. The member's racing card produced is mine, and is punched on that date. I left Southend at 10.27 p.m., and arrived home at 12.50. As my wife was going upstairs she told me that some cheese had been left during the day, that a man had called and said something was the matter with his van, and she had given him permission to leave the cheese in our warehouse. The next morning I saw them in the warehouse. I got a letter at 8 a.m. on July 19, which I have destroyed, saying, "Re cheese left on your premises yesterday. As we think you are a buyer of cheese, would you purchase this particular parcel to save us taking it away at 58s. per cwt.—Newson and Co., Tooley
Street." Before I could answer the letter someone came about the cheese.
(Monday, September 17.)
WILLIAM JOHN HYDE (prisoner on oath), recalled. A man called at about a quarter to ten, on July 19, and said had I made up my mind to buy the cheese that was left on my premises yesterday. I told him I had not thought anything more about it, and said, "I have your letter, it is true, but I have only just got up. In fact, I have not seen the cheese. I do not know anything about what you left." We then went into the warehouse and examined the cheese. I said I should not give so much as 58s. I offered him 56s., and he accepted it. We took the weights from the boxes. He produced some blank invoices, made out the invoice produced for £113 8s., and said, "How will you pay for them?" I said, "I cannot pay you today; I want the usual terms"—that is a month. He then said, "Well, give me something to bind the bargain." I said, "Will £10 do?". He said, "Very well." I paid him £10, and he wrote the £10 on the invoice, put a stamp upon it—balance £103 8s.—and said, "I will call at the end of the month for the balance." He then left and I have not seen him since. I put the receipt in the letter-rack in my private room upstairs where I keep all the invoices. The delivery note produced I never saw until the police showed it to me at Hackney Police Station on July 30 about 10 p.m., and said to me, "You know this paper?" I said, "Yes, you got it off the file." The cheeses remained in the warehouse until Friday, 20th, when I instructed my man to take them into the cellar, where they were found. I let out part of the basement to Lewis, of Atherton Road, plumber. I sold ten cheeses to Blott, two to Warman, and four to other customers. I took off the brand and marked them with my "Peggy Brand," which I have used for 12 years. The marks of those in the cellar had not been touched. On July 30, when I returned from Stratford, a number of police-officers were at my place. As I got out of the trap they stood round me and said, "Are you Hyde?" I said, "Yes." They said, "We are police-officers. You will have to come with us." I said, "Oh, indeed; you will let me put my pony away first." We went into the warehouse, and they pointed out some cheeses which were standing close to the counter and Detective Crouch said, "Where do you usually buy your cheese from?" I said, "Kearley and Tonge." He then said, "Are these all the cheeses you have from Kearley and Tonge?" I said, "Yes." I believe he said, "How many have, you bought from Kearley and Tonge?" I said, "About eight during the past month." We went into the basement. Crouch asked if I had the key of the
front cellar. I said, "No," as I did not think I had it on me. He was in the act of breaking the door open when I said, "Do not do that." He had already broken the staple of the padlock off. He went in and said, "How do you account for this cheese?'" I said that a man had met with an accident and had asked my wife to let him put the cheese in the warehouse until the next day. He then said, "Do you know these cheeses have been stolen?" I said, "No, I do not. I have paid a fair price for them." He said, "We shall have to arrest you." The key of the cellar was found on me. I did not know I had it, as it is usually kept upstairs. I told them the cellar was occupied by the plumber—not the part that is locked—that is occupied by me, and we keep it locked. The receipt was obtained by my solicitor from my wife while I was in Brixton Prison.
Cross-examined. I thought I had had a transaction with Newton and Co. before, some years ago. I have never been to Tooley Street to see them. Had I been at home I should probably not have taken in the cheese. The man who came to see me was very business-like, and that took me off my guard. I did not tell the police I met him in a public-house up the road. I said, "He has only been here once," I was not talking to the police more than three or four minutes before I was taken to the station. The delivery note was not shown to me till 10 p.m., and I had never seen it before. The boy must have put it on the file when the cheeses were put in the warehouse.
ADA ELIZABETH HYDE , wife of prisoner. At about 1.50 p.m. on July 10 a man banged at the door of the warehouse, and asked for Mr. Hyde, who was not in. He said he bad had a slight accident to one of the wheels of his van, and wanted to ask Mr. Hyde if he would allow him to leave hit goods there till he got another van. I told him Mr. Hyde was not in and I could do nothing in the matter. He then said he thought if Mr. Hyde was at home he would not mind his leaving the goods there, as he was afraid to go any further in case he had a breakdown, and he would fetch them in the morning. The man seemed in trouble, and, after a lot of hesitation, I consented to his leaving the things. He went away, and after a few minutes came back with a small black-covered one-horse van. I then told the boy Albert Storer to take them in. My husband came home at one o'clock in the morning, and I just mentioned to him that a man had left some cheeses.
Cross-examined. When Inspector Divall came, he asked me about it. He was there two hours before prisoner came home. He did not search the house—only downstairs. The police did not touch the files or books or letter racks in my pretence. Inspector Divall took a statement from me, which I signed. I said to him, "I know nothing of 59 cheeses that were delivered last Thursday week, the 18th inst., nor have I ever teen
them." He said to me, "You went round to the stable and fetched the boy." I said, "It is a he; I did not. I handed the boy the keys from the street door." Then I asked him if he would like to see the place. I was so confused I do not know what I did say.
ALBERT STORER , 90, Coppermill Lane. In July last I was in the employ of the prisoner. Mrs. Hyde gave me the key of the warehouse, and asked mo to take the cheese in. The man brought the cheese in find I stacked them up. The carman gave me the delivery note, and I signed a similar note. "65" boxes was altered to "59" by him. Two days afterwards I pot them in the cellar.
Cross-examined. The delivery note was already written in ink. I counted only 59 cheeses, and then the carman altered the note from 65 to 59. I put it on the file. I had never seen the man before. I left the prisoner of my own accord. I took some money that belonged to him, and went away before he found it out. I did not see a reward bill at Bishopsgate Street Police Station describing 59 cheeses and offering a reward for information. [Bill shown to the prisoner.] I did see that bill, and saw Inspector Crouch, and signed a statement giving information on July 30.
Three witnesses to character were called.
Verdict, Guilty; sentence three years' penal servitude; prisoner ordered to pay the costs of the prosecution.
OLD COURT; Monday, September 17.
(Before Mr. Justice Bucknill.)
Mr. Heddon prosecuted. Mr. Moyses defended.
MARY ANN FURNELL . I am prisoner's wife. On Sunday, June 17 last, we were living at 3, Hanover Cottages, Hammersmith. I asked prisoner if I could go to Petticoat Lane to get a suit for my little boy. He said, "Yes" and I went. At 20 to four I returned. Prisoner was upstairs in bed. When he came down I laid out his dinner. He said he did not want it and threw it into the grate. I took my two children with me and went to 11, Hanover Cottages—that is Mrs. Young's house. I lived with her for five years before I was married. She and her husband and the prisoner were on good terms. On Thursday, June 21, just before noon, I went home to No. 3 and went upstairs to get some clothes for my children. At the top of the
stairs prisoner rushed out at me and I ran into the street. He caught me up and struck me and cut my throat with a razor, saying, "I will kill you." I got the razor away from him, and be went away. The police took me to the hospital That is all I remember.
Cross-examined. While the prisoner was in prison he sent me this letter (produced). [In the letter prisoner asked hit wife not to be hard on him for the sake of the dear little children, and promised to turn over a new leaf. It went on: "Dear Polly,—I have forgiven you all the wrong you have done to me, and I hope you will be the same to me. I know it was not all your doing, you was led to it, or else you would not have been to bad to me. Hope you will soon get better. "] The writing on the back of the pictures produced it my husband's.
FREDERICX HART , Police-Sergeant, 46 T. At the hospital prisoner said to me, "You will find something behind tome pictures in my house." I went to the home and found the two pictures produced. On the back of one was the following: "When you find us I hope you won't say I was mad when I committed this deed. I am perfectly sane, and I hope she judge will make an example of Mrs. Young, for she is the woman responsible for all this. My beloved wife was enticed away from home. I love my wife and children, and I pray the Almighty to tee that my young children are well cared for, and when my so loved home is told my with is to have the money put away for my children. Pray do not make a lot of fuss about this, as I have done this to save my beloved wife going wrong. Good-bye and God bless all." At the back of the picture was the following: "P.S.—I have not deserved the treatment I have bad this last six weeks, and I could not stand it any longer. It was all through Mrs. Young enticing my beloved wife from home because the knew the had money. I am quite prepared to meet my doom, but I don't admit that I have committed any tin, and I know God will receive me."
Mrs. FURNELL. recalled, further cross-examined. I have been married nearly three years, and have two children. Prisoner has been not much of a father to hit children. He was in the army for a number of years, at far at I know. I was not married three months before he struck me. Q. You cannot say a single good word for him? A. I can say a good word and' I can say a bad word. We once had a little greengrocer's business; it was given up ten weeks before this occurrence; it was given up because prisoner robbed me through thick and thin. When, we went into the business I had £100; when we gave it up I had £10; we were in it about three months. Prisoner had a pension; out of it he gave me a sovereign; that helped to clothe his children. I knew him five year before we married. On Sunday morning, June 17, between nine and 10, Ada Young
came in; she did not ask me to go to Petticoat Lane; I asked her, and I asked prisoner, too. Petticoat Lane is a pretty good way from Hammersmith. It is not the fact that prisoner had objected to my going with the Youngs; he was always with them himself. The words in prisoner's letter, "You was led to it," refer no doubt to the Youngs. It is not the fact that prisoner objected to my going to Petticoat Lane this Sunday morning, and that I said, "Mind your own b——business. I will go where I b——well like." It was about quarter to 12 when I left, and I got back at 20 to four. I was not in the habit of frequently going to Petticoat Lane with Mrs. or Miss Young. I did not return home until the Thursday, although I saw prisoner on the Monday. Miss Young is a laundry girl. Q. Did not prisoner ask you to stop at home, and did not you say, "I am not going to stop with a p——y periaher like you?" A. Never. How can you stand there and say such a thing. I never struck prisoner; he always struck me. I did not take off one of my boots and hit him with it on the face; I was too frightened of him. On the Monday night I went into the Lyric (Hammersmith) with Mr. and Mrs. Young. Prisoner came there and blackguarded me and called me shocking names. I did not start swearing outside the Lyric. He did not say, "Where you go I will go with you." Mrs. Young did not turn to him and say, "I don't want you following me, you white-livered bl——r." Prisoner said to me, "What was you before I married you?' and called me a dirty whore. Mrs. Young then said, "She was never that; she worked too hard." On the Tuesday I took out a summons against him for threats. He was always threatening to take my life. The reason I did not stay at home was that my life and the children's would be taken. On the Tuesday Mrs. Young went with me to the police-court. When we left we went to a public-house opposite the court. On the Monday, Tuesday, Wednesday, and Thursday I saw my husband, but I never spoke to him; I never looked at him. I never spat in his face. On Wednesday night I went home in prisoner's absence and took away some clothing. I remember on Wednesday morning seeing a little girl with a loaf of bread. I asked her, "Who is that bread for?" She said, "Uncle," meaning the prisoner. I said, "Well, my children has got no bread and I will fake the loaf," and I took it. It is not the fact that in April I took up a table knife to strike prisoner with.
FANNY MARCHANT , 1, Hanover Cottages. On June 21, just before noon, I heard a woman screaming, and I ran out and saw prisoner and his wife struggling together. Two policemen came. I heard prisoner say, "That woman is the cause of it all." referring to Mrs. Young. Prisoner seemed very agitated, and I think he did not know what he was doing.
Mrs. ADA YOUNG. Mrs. Furnell came to my house on June 17 and stayed there four nights with her two children. On June 21, about noon, I saw her lying on the ground in the court, and prisoner was drawing something across her throat. I had always been in friendly relations with prisoner; he used to come to my house and I have been to his. He was with my husband on Sunday, June 17.
Cross-examined. I follow no occupation. My husband is a labourer, in regular work. My daughter Ada is just 20; she is a laundress. Mrs. Furnell came to my house before noon on the 17th and asked my daughter to go with her to Petticoat Lane. About six in the evening she came again, and stayed ail night. I never heard prisoner ask his wife to return home. I know he was annoyed that she had left him; I took her in out of kindness. On the Monday night I remember prisoner coming up to me and his wife when we were going to the Lyric; I did not hear what he said to her, but he called her most foul names, and I told him he was no man to say such things to his wife. I had always told her that it would be better to go home, but she would not It is not correct that prisoner has come to me and protested against my harbouring his wife; we have always been the greatest of friends. With reference to the writing at the back of the pictures, all that prisoner says about me is untrue. I have always done my best for his wife and for him too. I never enticed her from her home; I have asked her to go home from time to time, because she would be blamed if she stayed away, but she would not go.
FREDERICK GUNBY, P.C . 386 T. On the 21 "t, about quarter to 12, I went to Hanover Cottages. Prosecutrix was lying on the ground; her throat was cut, and she was covered with blood; she had a razor in her left hand. I took her to the hospital.
JAMES OHARA, PC . 737 T. On going towards Hanover Cottages on this morning I found prisoner walking away; I took him back to his wife; she was lying on the footpath with her throat cut. I asked prisoner what the trouble was; he said, "All right, guvnor, I have done it; she has driven me to do it; she has been asking for it a long while; it is all through another woman; I wish I had done it in." I found prisoner had his throat cut, and I took him to the hospital. On searching him I found on him two razors and a pocket-knife.
Cross-examined. The two razors I found on him were in addition to the one with which he cut the woman's throat. When T spoke to prisoner he was troubled and upset, but he seemed quite right in his head.
ARTHUR ALLEN . Sergeant. T Division. On July 7 I went to the hospital and saw prisoner, and told him the present change; he made no reply, nor did he when charged at the station. At the police court he simply said, "I reserve my defence."
REGINALD HENRY ROBINS , house surgeon, West London Hospital. Prosecutrix was admitted on June 21. She had a deep cut across the back of the neck and another cut across the throat, and minor cuts on the chest and across the hands. One of the cuts only just missed one of the carotids. I think these wounds may have been caused by a razor; the wound at the back of the neck involves a great deal of force having been used. Prosecutrix was for a day or two in a precarious condition. She was in the hospital five or six weeks. She is quite recovered now. Prisoner was also admitted. He had a wound across his throat, not very deep. It was not a dangerous wound, but it festered, and he remained in the hospital a month.
Cross-examined. The position and character of the wounds on prosecutrix indicate that the person inflicting them would be in a rage, more or less beside himself. When prisoner was admitted he seemed highly strung, but he was of quite sound mind.
HENRY FURNELL (prisoner, on oath). I am 31 years old. I served in the Army for eight years, leaving with a good character in April, 1903. I married prosecutrix in February, 1904. In January, 1906, we set up in a greengrocery business. The Youngs used to come and see my wife, and the acquaintance continued after we gave up business. I was on pretty good terms with Mr. Young, not much with his wife. I always objected to my wife associating with Mrs. Young or her daughter. Since last January my wife has been in the habit of using bad language to me and striking me. The greengrocery business had to be given up because of my wife going about and spending the money. I had a pension of £2 5s. a quarter. I used to give my wife 20s. or 30s. out of it. On Sunday, June 17, I got up about hail-past eight and went downstairs to get the breakfast ready. When my wife came down she went to Mrs. Young's. She came back presently, had breakfast, and washed the children. Then Miss Young came and asked my wife to go to Petticoat Lane. I did not want her to go. I called to her and said, "What do you want to go up there for?" She said, "Mind your own b——business. I will go where I like." She then went away with Miss Young. She came back about quarter to four. I had had no dinner. I was upstairs asleep. I woke up about half-past six and went downstairs. She asked me, "Do you want any b——g tea?" I said, "Not till I had had a wash." With that, she got up and abused me something awful. She left the house and I did not see her again till the
Monday morning. When she came back I said to her, "Where have you been to?" She said, "I have been out whoring. Where the b——y hell do you think I have been" I then said to her, "Are you going to stop at hornet" She said she did not intend to stop with a b——y perisher like me. She then took off her boot and struck me on the face with it and spat in my face; she went away. About half an hour afterwards the came up the street with a jug to fetch beer, and as she passed me she called me a rotten, dirty dog. On the 18th I met Mr. Young coming home from work. I stopped him and asked him to turn my wife away from his house, not to encourage her there; he said, "It is nothing to do with me, I cannot help it." About half-past seven I was standing at the door when my wife, Mrs. Young, and Miss Young came by, going to the theatre. When they passed me they abused me something awful, and my wife and Mrs. Young spat in my face. About 10 minutes afterwards I went to see where my wife had gone. I found her drinking in a public-house with Mrs. Young, Mr. Young, and Miss Young. I asked her if she would come home, and she said she did not intend to return with me again. They walked towards the theatre and I followed them. Mrs. Young turned to me and said, "I don't want you following me, you white-livered bl——r." I said I was not following her, but I was going where my wife went. They were abusing me all the way along. We got to the door of the theatre, when Mrs. Young mined at me, put her two fists in my face, and said, "I'll smash your fact, you rotten bastard." I walked away to fetch a constable to give her in charge. I went to the police station, and they said they could do nothing for me, but that I might take out a summons. On the Tuesday I went to the police court for a separation order and for a summons against Mrs. Young; I was refused. On leaving the court I saw my wife, with Mrs. Young and another woman and a man, drinking in the "Clarendon," just opposite. When they left the public-house my wife abused me again. On the Wednesday I was afraid to go out because of my wife's conduct; I thought she might come and break the home up. I stopped at the door, and each time she passed she abused me, using awful language. I had had nothing to eat since Monday, and had not been to bed all the week. I went out for a short time, and on returning found the doors had been burst open and some things taken away. On Thursday morning I was that hungry I sent my little niece for a loaf of bread; the came back without it. I went upstairs and locked myself in. My wife and Miss Young came and forced opened the doors; as soon as my wife saw me she van and I ran after her and caught her; that is all I remember; I wrote the messages on the pictures about eight that morning. I do not remember when I got the razors and the knife. I cannot explain what my feelings were; I was
so much upset with my wife's conduct. I always loved my children. Every word in the statements on the pictures is true.
Cross-examined. I have witnesses to prove that my wife struck me. I went to the police court for a summons, it was refused; I was ordered out of court. I cannot say why I put the razors in my pocket; it is usual for a man to carry a knife.
CAROLINE FURNELL . I am the wife of George Furnell, a brother of prisoners, and live at the same address. I have never seen prisoner strike his wife; I have seen her strike him. A few days before this occurrence I saw her take her boot off and strike him several times on his face and head; this was on June 18.
Cross-examined. I was not called at the police court.
ELLEN GREENWOODM . I live next door to prisoner. I remember on June 18 seeing prosecutrix passing down the court in front of her husband, with Mrs. and Miss Young. I heard prisoner say to his wife, "Are you coming home, Polly?" She said, "No, you dirty tike, I'm not "; she took a purse out of her pocket and struck it, and said, "I hold this "; she spat at him several times. On the Wednesday I saw prisoner sitting at his window; he was crying most of the time.
After the midday adjournment, acting on the advice of counsel, prisoner stated, in the hearing of the jury, that he was guilty of unlawfully wounding, and a verdict to that effect was returned. A further indictment against prisoner for attempting to kill and murder himself was not proceeded with. Sentence, Six months' hard labour.
Mr. Clarke Hall prosecuted; Mr. Purcell defended.
At the close of the case for the prosecution, Mr. Justice Backnill expressed the opinion that it would be impossible to convict; the jury at once returned a verdict of Not Guilty.
NEW COURT; Monday, September 17.
(Before Mr. Recorder.)
VIGOD, Nicholas (27, glass blower), and KELLERS, Robert (24) . both Germans, feloniously wounding Richard Austin with intent to do him some previous bodily harm; feloniously wounding John Shine with intent to do him some previous bodily harm.
Mr. Horace Fenton prosecuted. Mr. W.H. Thorne defended Kellers.
JOHN SHINE , labourer, 167, Dew Road, Silvertown, I was outside the Henley Anne, in the Albert Road, on the night of Sunday, July 15, at five minutes past 11 in company with Dick Austin and Jim Crowley. Prisoner Kellers knocked me down and stabbed me twice in the head with a knife. Vigod also struck me and I saw Vigod strike Austin in the back with a pocket knife. I found afterwards I had been cut. I did not say anything to prisoners and had had no previous quarrel with them. I had known Kellers three or four months, and Vigod two months.
Cross-examined. This was an entirely unprovoked assault by Kellers. It is not true that I assaulted Kellers and that I struck back at Mm. I did not use filthy and disgusting language to these men, nor hear Austin do so. Neither of us called them "f——g bastards of Germans." There were several other men there, also Germans.
Vigod being unrepresented, the evidence was translated to him through an interpreter.
RICHARD AUSTIN , 167, Dew Road, Silvertown, labourer. On the night of July 15 I was standing on the footpath with John Shine and James Crowley and saw Kellers knock Shine down. When I went to pick him up I was attacked by Vigod and stabbed in the forehead and the back. I was taken to the police-station and afterwards to the Seamen's Hospital, where I was under treatment for these injuries for three weeks.
Cross-examined. The assault by Kellers was entirely unprovoked. No filthy language was used towards them.
JAMES CROWLEY , labourer, Albert Road, North Woolwich. I was with Austin and Shine and taw Kellers strike Shine on the left side of the head with his fist and knock him down. Austin picked Shine up and Vigod struck Austin on the forehead with a knife. I did not see Vigod strike Shine with the knife. Prisoners ran away and I followed them. Austin and Shine were taken to the police-station. I did not hear anyone say anything to prisoners.
Cross-examined, It was Kellers, not Shine, who struck the first blow.
MCKAY, Sergeant, K Division. I went with two other officers and arrested prisoners, on July 16, about one a.m., at 49, Auberon Street, North Woolwich. They were both in bed. I took them to the station.
LOUIS RIEDMULLER , 110, Albert Road, North Woolwich, gave evidence of the statements made at the police-station by prisoners. Vigod said, "These men (pointing to Shine and Crowley) called us b——y, f——g Germans and German bastards. I was cutting tobacco with a knife at the time." Kellers said,
"Shine came up to me and struck me in the face. I struck him back and knocked him down. They (meaning Shine and Crowley) called us b——y, f——g Germans."
CHARLES CHISNALL , 86, K R. I was off duty, but in uniform, on July 15, in Albert Road, about 11 p.m., at the corner of Auberon Street, when the two prisoners rushed by me, followed by the witness Crowley. Shine and Austin came up. They were both bleeding, and said they had been stabbed.
CHARLES HIRSCH . divisional surgeon. I examined John Shine on July 16 in the afternoon. He was suffering from two wounds in the head, one 1/2 in. long, about 2 in. above the right eye; the other 11/2 in. long, about 31/2 in. above the left eye on the frontal bone. Both wounds had clean-cut edges and extended to the bone. In the latter there was a bleeding artery, which I tied. The wounds might have been caused with a knife, but a blunt instrument, such as a fist or a stick, would cause a wound of similar appearance. The skin over the scalp, being tightly stretched, a blow with a foreign body would cause the appearance of an incised wound.
ROBERT KELLERS (prisoner, on oath, through an interpreter). In the evening of July 15 I had been in the "Henley Arms" public-house after attending the musical society with Vigod and several friends. When we came out Vigod went into the urinal. When Germans go into a public-house there are always people to insult them. A few people outside—amongst them Shine and Austin—used insulting language and threw me down. I called for help and Vigod came and helped me. I had no knife in my hand. I simply pushed Shine away.
Cross-examined. I was kicked and injured in the chest and my ribs are still hurting me. I was out on bail for fourteen days, but when the case was completed the magistrate refused bail.
NICHOLAS VIGOD (prisoner, not on oath) said that after the musical society meeting he went into the "Henley Arms" with friends to have a glass of beer, and a lot of Irish people there started chaffing and insulting them. After he came out of the urinal he found a lot of people outside using the same kind of language. He heard Kellers cry out, "Vigod, help me!"and when he came out he received a blow on the chest and was thrown to the ground. Then a whole lot of the men, six or seven, kicked and beat him with their legs and fists. Some one said, "Kill the b——y German," and being excited he attacked him back and took his knife. As soon as he got free he ran away.
Verdict: (Both guilty of unlawful wounding, but under great provocation.
The Recorder said that, as prisoners had been in prison more or less for two month's, they had, in his opinion, been sufficiently punished, and he would therefore only inflict upon them the nominal sentence of seven days' imprisonment, which would entitle them to be discharged at once.
Mr. Turrell prosecuted.
SARAH JANE ATKINS . Prisoner was married to my sister Emma Jeffrey at Grey Friars Church, Reading, in 1867. I was in church at the time. They cohabited for 17 years, with the exception of three months, when he was away in America. Cohabitation was returned, but my sister left him. He went again to America, and returned in 1887 or 1888.
CLARA JONES . As far as I know prisoner saw his wife in 1884. He came to my house to see her, having 48 hours to get out of the country for cruelty to a child. I heard that he had returned, and was working at Bow. My sister Emma is still alive. I saw her three weeks ago. My husband died in 1889, and it was in that year prisoner saw his wife at my house.
EMILY PERRY . On August 5,1894, I went through a form of marriage with prisoner. He represented himself to me as a widower, and is so described in the certificate. He told me his wife was buried at Reading. I had known him about twelve months before I married him, and continued to live with him twelve years. At the end of seven years I left him, having heard rumours and seen his first wife. I returned to live with him. I cannot say he treated me well. He used bad language. His wages would be about 25s. a week. At the time of the marriage I was a dressmaker. I had nothing to do with him before marriage.
GEORGE BURTON , Police-sergeant. I arrested prisoner without a warrant on August 22. The magistrate at Thames Police Court, on prosecutrix making application, suggested that she should give prisoner into custody, and she was so eager to do it that I arrested him. I found him at the Bow works of the North London Railway Company. He said, "This is only spite. She knew a bit five or six years ago." He hat been employed there eighteen years, and is a fitter's assistant.
EMILY PERRY , re-called, said in answer to the Recorder, who asked how it was she so suddenly gave him into custody, that prisoner had not treated her well. When they were away on a holiday at Falmouth he went away to his sisters and left her to pay the lodgings, giving her the return ticket, and leaving her to come up to London alone. She had not since lived with him.
Verdict, Guilty. Sentence, six months' hard labour.
Mr. Fleming prosecuted.
HENRY JAMES BROWN , 14, Drummond Street, Euston Road. Prisoner is my brother-in-law. He and his brother lived with me until August. I told his brother to leave. I did not tell prisoner to leave at all, but they both left. It was on a Monday morning. I do not recollect the date. I next saw prisoner at 7 o'clock on the afternoon of the same day, and at half past eleven he came back and attacked me with a razor. I was taken to the hospital. We had had a few words the previous Sunday night, when he said he would do for me.
EDITH BROWN , prosecutor's wife. I am 23, and have been married three years. I was present at an interview between my husband and prisoner. Prisoner came in about nine o'clock and asked for his things. I gave him his things, and he took them away, but came back again about half past eleven. I saw prisoner and my husband struggling on the stairs and followed them down. My husband was bleeding, and was taken to the hospital.
VERE WARD , medical officer at the Temperance Hospital, Hampstead. I examined prosecutor on early morning of August 21. He had a small superficial wound on the head, a cut 5 in. or 6 in. long on the left shoulder, not deep but just going through the skin, and a cut on the left arm through the muscle.' The latter wound was serious, but healed up very well indeed. There was a slight injury to the left wrist, which I do not think will interfere with his working.
ALFRED BALL , detective-sergeant, Y Division, stated that in answer to the charge prisoner said: "I did it. I did not mean him no harm, and he knows it. I did it in a fit of temper. That is my razor."
PRISONER. I only wish to say I was in drink at the time and am very sorry.
Verdict, Guilty of unlawful wounding.
Prosecutor, recalled, said that prisoner's brother left because he wanted a room to himself and he could not spare it.
Sentence, Three months imprisonment, second division.
DAVIES, Charles (30, cabinet maker), and SAUNDERS, Thomas (19, labourer) , both robbery with violence on Elizabeth Morrison and stealing from her a purse and the sum of £6 4s.; and Davies, assaulting Christopher Knight with intent to resist and prevent the lawful apprehension of himself.
Mr. Greenfield prosecuted.
ELIZABETH MORRISON , single woman, 66, Anson Road, Tufnell Park. At 3.15 on the afternoon of July 20 I recollect being at the corner of Anson Street and Calcott Road. I had a bag or purse, and was about to cross. Two men came along as if they were going up the road and cross in front of me. As I stood not knowing which way to go Davies took me by the left arm and shook me. The other prisoner seized me by the right arm. There may have been another man, but I could not identify him I hit the right hand man in the face with some rolled up music. There was no one about. I was hit very violently on the back of the head, not necessarily by one of the prisoners, who, I think, were holding me with both hands, and I was stunned for the moment When I came to myself Davies was exactly in front of me, and I seized him by the neck and clung to him, and being partially stunned, I suppose I did not hold him very tightly, but I did bend him down, and eventually he ran away. When I came to myself I had nothing in my hands. I had been carrying an umbrella, purse, and music. The purse contained £3 14s. Before the magistrate I said it contained £6, but I remembered afterwards I had paid away about £3. I ran down the road after the two men, and cried, "Stop thief." They separated, and I pursued Sounders along Cardwell Road, but did not catch him. After I had stopped running Davies was brought back to me by a Mr. Knight. At the police station I charged him simply with purse-snatching. I did not recollect until four hours afterwards that I had been Attacked. Davies said, "I dare you to say I took your purse. Look in my face and see that I am an honest man." I recognised Davies because his face bad been scratched and was bleeding, and you could not put your finger anywhere without touching a wound.
To prisoner Davies. I am living in Anson Road. I did not see a little girl. I did not say at the police court that three men surrounded me. You are the man I struggled with.
VERA GRACE HAWKER , 64, Anson Road. On the afternoon of July 20, about 3.15, I was standing at my gate looking out, and saw a lady (prosecutrix) at the corner of the road leaning forward as though to pick up something. There were two men, one of whom was in a slightly bending position while the other was picking up his cap. The lady seemed rather confused. The two men started to run away. I followed them, as I knew something was the matter. I identify the man who was caught (Davies). I had him in view the whole time, except when he turned the corner. Davies was very violent to Knight, who caught him, and fought with him, but Knight got him down on the road and held him. I was nod present when the first policeman came, as I had gone to the "Nag's Head" to get a policeman.
The Recorder. You behaved very well in the matter.
CHRISTOPHER KNIGHT , 1, Ingestre Road, Dartmouth Park, master gardener. On the afternoon of July 20, soon after three o'clock, I was walking down St. George's Avenue, when I met prisoner Davies running followed by the last witness, who was calling out "Stop thief!"I caught Davies, who agreed to come back. We met Miss Morrison, who accused him of being one of the men concerned in assaulting and robbing her. He said, "Did you see me take the purse?" the purse not having been mentioned. I said, "No." Then he ran away and I ran after him and caught him again. We fell to the ground, and in the struggle he was very violent. He attempted to kick me on the head, and I was a good deal hurt. However, I held on to him. I was not able to work for four days.
ARTHUR ELDERFIELD , Police-constable, 214 Y. At about half past two on July 20 I was on duty in plain clothes at the corner of Camden and Brecknock Roads, about a quarter of a mile from the spot where the robbery took place, and saw the prisoners walking in the direction of Anson Road. Davies was very much scratched, as though he had been in a fight. For reasons of my own I went home and put my uniform on, and went on duty outside the Athenaeum in Camden Road. Whilst there I was called by Mist Hawker. I went to the corner of Crayford Road, where I saw Davies on his back on the pavement, with Knight on top of him. Davies was kicking violently. I caught hold of the collar of his coat and lifted him up. He then said, "What have I done?" The prosecutrix came up and said she wished to give him in charge. He seemed to be dazed. On the way to the station Davies said, "I know I am done. I cannot get out of being there. The other man has got the purse and got away." On August 28, about 10 p.m., I picked Saunders out of about 12 or 14 other men at Kentish Town Station. Saunders, when identified, said, "You bastard, what clothes were I wearing on July 20 when I was with Jew Boy (Davies)?"
HERBERT MILTON , sergeant, Y Division. I found prisoner Saunders detained at Upper Holloway Station, and arrested him on this charge. He said, "I saw the 'toff' got £2 for catching Davies." The "toff" was Knight. The magistrate granted him £2. Prisoner also said, "His partner (the woman Davies had been living with) came to me and said unless I gave her £3 she would 'shop' me. (Give me away.) I know you have been looking for me, but. I shall say I am innocent. 'The Jew boy' can say what he likes?"
EDWARDS, police-constable, Y Division. On the afternoon of August 28 I saw prisoner Saunders in Holloway Road. I was
in plain clothes. He ran down the Holloway Road and I gave chase. He doubled back, ran into a house, the door of which was open, and shut the door in my face. I burst it open and found him in the passage. He turned round and butted me with his head, and we both fell to the ground. I got him out into the street, where he threw himself on the ground and kicked out right and left. On the way to the station he said, "I am perfectly innocent of that." I said, "Innocent of what? I have not told you yet what you were arrested for. Do you mean the job as Kentish Town?" He said, "Yes" I then told him I should put him up for identification. He said, "You won't get me identified." And I said, "That is left to be proved."
CHARLES DAVIES (prisoner, on oath) admitted that he was on the spot when the robbery was. committed, and said Saunders had the purse. He accounted for the scratches on his lace by saying be had had a row with the woman he lived with.
Verdict, Guilty. Each of the prisoners confessed to a previous conviction, and a long list of convictions against each was read out.
Inspector NEALE described both prisoners as the associates of dangerous thieves, the majority of them being housebreakers. Where the robbery occurred was a quiet residential neighbourhood occupied by a very good class of people. At that time of the day the gentlemen members of the family would be in the City. Where prisoners were standing they could work in several different directions, and a robbery might easily be committed without being seen. Davies had bad a good education. With regard to Knight, this was not the first occasion he had rendered valuable assistance in the apprehension of prisoners. He had been rewarded by the magistrate, and his conduct would be brought to the notice of the Commissioners.
The Recorder. Was the young lady rewarded?
Inspector NEALE. The conduct of both of them will be brought to the notice of the Commissioners.
Sentence, each prisoner, Five years' penal servitude.
The Recorder, addressing Miss Hawker, said he thought she had behaved in a very courageous way, and that the public ought to be very much indebted to her for following Davies and keeping him in sight till he was stopped. He directed that she receive a reward of £2 for her courageous conduct.
Mr. Greenfield thought the police also had behaved with great prudence and sagacity.
The Recorder. Of course, that is part of their duty. That is what the police are for.
THIRD COURT; Monday, September 17.
(Before the Common Serjeant.)
Mr. Temple Martin prosecuted; Mr. C.F. Gill, K.C., Mr. George Elliott, and Mr. W.H. Thorne defended.
At the close of the prosecutors evidence-in-chief, on the suggestion of the judge, the jury returned a verdict of Not Guilty.
HENRI GUILLAUX , 67, Cromwell Road, S.W., chef (through an interpreter). At nine p.m. on August 2 I was walking down Wardour Street when a man I do not know came in front of me, another came behind, and knocked my hat over my eyes, then the prisoner came and gave me a punch which broke my tooth and bruised my lip. They stole half of the gold watch chain I was wearing. I cannot say which one took it. The prisoner ran away in front of me and the others ran away behind me. It was the prisoner who gave me the punch, and I followed him, crying "Stop thief!"I fell down, but got up immediately and continued running after him until he was arrested. I did not lose sight of him; I saw the back of him all the time he was running away. I recognised him at once at the police-station as the man who struck me in the mouth.
HENRY BARRELL , Police-constable. C Division. On August 2, at 9.30 p.m., I was with Sergeant West in Wardour Street when I heard a cry and saw the prisoner running about 15 or 20 yards in front of about 20 or 30 people. I took up the chase and ran him into a uniformed constable's arms in Leicester Square. When arrested he said, "I have not got it. I thought they would think it was me. I was only running after someone that did it." When charged at the station he said, "Ask him (prosecutor) if he is sure it was me." I found on the prisoner another piece of chain. I asked him where he got it from and he said, "I found ft in Leicester Square" I also found a pawnticket on him. He said, "A girl I met in the City the other night gave that to me. I do not know her."
To the Judge. That has nothing to do with this case. I did not see anyone running in front of the prisoner. The 2nd August was the night when there wag a storm with heavy thunder and lightning, and there were few people in the streets.
Prisoner's statement before the Magistrate. I am very sorry for the man who was robbed. He should not say I did it when he knows I did not.
DAVID CONNELL (prisoner, not on oath). I am innocent. I saw the gentleman fall down at the corner of the street. After they came down Leicester Square, where I was taken into custody, I asked the gentleman, "Am I the thief?" and he gave no reply. The gentleman never came down where I was taken into custody; he was still in the same place where he fell down. I have a good character. I have only been out of the Army two months, and have worked at Covent Garden Market, and I was going to start regular work the Monday after I was taken into custody. I have good characters from the Army, and have never been in custody before. I have never done such a thing in my life. When arrested I had a sovereign in my pocket, which my brother had lent me to get a suit of clothes out of pawn. Verdict, Not guilty.
FOURTH COURT; Monday, September 17.
(Before Judge Lumley Smith.)
ERNEST HAWKINS , 70, Brook Street, Belgrave Square, a member of the London Stock Exchange. About seven in the evening on August 30 I was in Hyde Park, and I noticed a man leaving a girl with two children, and she was calling out after him. She said something to me, and I called after prisoner—he was 40 or 50 yards away. I told him to get out of the park or I would give him in charge, and he took up one of the chairs and apparently was going to attack me with it I did not do anything. I noticed someone running—that was Morgan. He was in private clothes, and as he ran up prisoner turned round to attack him. The constable got the chair away after a struggle. The prisoner attacked the constable, and there was a severe struggle, which ended in prisoner being overpowered. The constable told him to leave the park immediately, and he suddenly turned round, took a knife out of his pocket, and I saw his hand come down on the constable's head. I saw a knife in his hand afterwards. His hand apparently struck him on the temple. I saw him make another stab at the constable's ribs. I saw his hand with the knife in it. I saw the knife in it at that time. Constable caught him by the wrist, and held him. Prisoner had no chance of struggling then. The knife was taken away from him.
THOMAS MORGAN , PC. 240 B. At seven o'clock on August 30 I was standing in Hyde Park off duty in plain clothes. I saw prisoner go up to a young lady and speak to her, and the replied to him; then he took hold of her hat and shook her. She appealed
to a gentleman passing (Mr. Hawkins) for assistance. He requested him to leave the park. He took up a chair and chased him round. I then went to help, and he came after me with the chair. I took the chair from him, telling him I was a constable, and a struggle ensued. I had no truncheon, and I struck him on the face with my fist. It wag a severe struggle, lasting ten minutes, but I got the better of him. Prisoner fell to the ground. I requested him to leave the park, and he said, "All right "; he turned round to get under the railings, and he took a knife out of his pocket and turned round and stabbed me in the forehead. I caught his hand with mine as it came down. He struggled with me, and I took the knife off him. Powell came up and assisted me in taking the knife off him. I took him to the station, and charged him with interfering with persons in Hyde Park, and maliciously wounding myself. He made no reply whatever. I was off duty a week under the doctors care. Prisoner said, "I used the knife because he exhausted me so."
EDMUND POWELL , 7a, The Avenue, Fulham. I was in Hyde Park on August 30, and noticed prisoner. The first I saw of him there he had a chair over his head. Hawkins was near him and Morgan came up. Prisoner turned on him with the chair. Morgan went to get the chair away, and as soon as he knocked the chair out of has hands prisoner turned on him with his fists. Morgan got the best of him and knocked prisoner down. Prisoner got up and took a knife out of his pocket and stabbed Morgan in the forehead. He raised his hand again and Morgan caught his hand. There was a struggle. Morgan called for assistance. I tried to take the knife away, but I was not successful, but some gentleman in the crowd pulled his fingers back. While I was helping to get the knife away I cut my hand.
E. BLACKETT. Divisional Surgeon. On August 30 I saw Morgan, and found he had a wound above the eye and one higher up, I think made by one blow, but the knife jerked. This knife might have caused it. Neither of the injuries were serious.
Sergeant DAWSON. I have made inquiries about prisoner. He has no fixed abode and no occupation. We have had various complaints from the park about him. The same afternoon he assaulted two ladies. He attempted to snatch a lady's bag half an hour previous to this occurrence. He appears to have come up from the country that day.
Sentence, Four months' hard labour.
GEORGE GREEN , PC. 131 H. On August 11 I was on ordinary patrol duty in uniform, and I went down St. John's Hill, a street leading out of St. George's Street, E., into Pennington Street. Prisoner was lying on the footway asleep. I shook him by the shoulders and said, "Go away home where you belong to." He got up and walked down the hill five yards. He turned round and came back and said, "What is your bloody game—do you think I am a country yokel?" He sprang at me with his right hand clenched. I did not see a knife—he jumped at me and I put my arm up. I found I was stabbed on this arm—blood was running down the arm. He ran down to Pennington Street, and I chased him. When he was a few yards along I heard something fall in Pennington Street. I still pursued him. I ran 160 yards or more. PC. Powell came up—I told him he had stabbed me. "He is the right man—he did it" Then I collapsed. I can remember Redgers coming to my assistance, and I became unconscious. I told P.C. Redgers what occurred, and I was taken to the hospital, where I remained from the 11th to the 19th, and I attended as out-patient till the 31st. I am under the divisional surgeon's care. I am unable to resume duties yet. I never lost sight of prisoner; I was six yards behind him. I did not see any other man, only two women who stood on the hill. No one else was about This is the tunic I was wearing and there is the cut in it.
WILLIAM POWILL , Police-constable 91 H. At half-past one in the morning of August 11 I was on duty in St. George's Street, E., and I heard a whistle. I ran down to Pennington Street, where I saw prisoner running towards me, also the constable. The constable was a few yards behind him. The constable said, "Stop him; he has scabbed me." I arrested prisoner. Police-constable Green came up and said, "That is the man that stabbed me. I am dying," he then collapsed and fell. Prisoner said, "I do not know what you have got me for, I know nothing about it." I took prisoner to Leman Street Station. He was examined by Dr. Jones. He had slight blood on his face and hands, and was slightly under the influence of drink. I was there when he was examined. There were slight abrasions on the left side of the face.
To Prisoner. I never saw anyone strike you. You were running towards Chigwell Hill and the constable following you. When I arrested you, you were running towards Pennington Street.
Mrs.GRAY, wife of William Gray, 97, Lucas Street. I was on St. John's Hill on August 11 at one o'clock. I know prisoner by tight. I saw him lying on the step asleep. The constable roused him up, when prisoner got up and walked a little way from the kerb to the road. Then prisoner said to the consable,
"What is your game? Do you think I am a country yokel?" Then he made a blow at the policeman, and the policeman went to put up his arm. I did not see the knife. I saw blood. After that prisoner ran and the constable ran after him. I heard whistles blowing at the bottom of St. John's Hill, and I went down to see what it was. The constable was lying on the ground, and two policemen and prisoner in custody. No other man but prisoner about.
To Prisoner. The scavengers were not about. You were by yourself. I am not a brothel-keeper.
CHARLES REDGERS , Police-constable, 138 H. On August 11, at half-past one, I heard a whistle, and I ran into Pennington Street, where I found prisoner in custody of Police-constable Powell. I saw Green in a state of collapse. I took his tunic off, and found blood coming from the right forearm—it was spurting blood. I applied a tourniquet to the brachial artery which stopped the bleeding and he was taken to the hospital. On the way to the hospital Police-constable Green said some thing and repeated something to Police-constable Bristow.
JOSEPH HARVEY , M.D. At half-past one I was called to Pennington Street and I found Police-constable Green in a collapsed condition, with an incised wound on the inside of the elbow. A tourniquet was applied, which stopped the bleeding and I sent him to the hospital.
JAMES D. COOK , house surgeon, London Hospital. At two o'clock on August 11 I examined Police-constable Green, who had a wound in the bend of the right elbow 3 in. long—the wound was tied with a tourniquet, a knotted handkerchief over the artery, and the wound bled profusely on removing it. Next morning I enlarged the wound and found out all the bleeding points. There was no artery divided, but veins which unite at that spot. The wound was half an inch deep and an inch in length. It was caused by a sharp instrument—it might have been caused by the knife produced. I noticed a stain on one side of the point of the knife which might have been blood. I have not tested it. Police-constable Green was detained 10 days in the hospital.
To the prisoner. The wound might have been caused by something else than this knife.
WILLIAM BRISTOW . police-constable, 63 H. In the early morning of August 11 Police-constable Redyers spoke to me, and I went into Pennington Street and searched for a pen-knife. I found one on the window sill of 122A (ground floor), two feet from the ground. This is the knife produced. It was half open. There was blood on the blade like human blood—fresh blood. There was a track of blood in the street about 280 yards, which commenced opposite 122, St. John's Hill. It went down
Pennington Street in a double trail. I handed the knife to Inspector Lee. I took the knife to Leman Street Station.
To prisoner. I say you saw the knife at the station. I did not say to the magistrate there was no knife found. I produced it at the station when you were charged. It was not shown at the police court, but at the station I said, "I shall charge you with wounding the man with this knife." There was no necessity to produce it to the magistrate.
DENIS COAKLEY (prisoner, on oath). I was coming up St. John's Hill on the night of August 9, and had been drinking all day. There were three or four men at the corner of St. John's Hill, and I sat down at the other corner. There were several girls, and all kinds of sailors, German, French, and Belgian. I sat down on the step, and I know no more. The constable came and hit me. I said, "What are you doing?" I never saw the knife till it was produced in court. The constable knocked me off the step on to the pavement; then I came to my senses. I never had a knife to use. Gooding said he took the knife from me, and he swore on oath that it was the knife, but I wrote to the Police Commissioner, and he told the Governor of Brixton Prison that they found Gooding's evidence unfit to be given to this court: That was on the 22nd. The police are making out that is my knife, but if the knife was thrown it would never go on the window ledge—it must have been placed there. There were plenty of people there. There were more people there when they were taking me to the station than there are in court now.
Cross-examined. When I was sitting down on the doorstep I was asleep. When I looked up I could see it was a constable. I could not say whether it was Police-constable Green. I did not run away. I walked away sharp, and the constable walked after me. All of a sudden I heard a whistle blow. I could not, say whether Green did strike me. I cannot say whether I said, "What is your game?" I do not recollect. I did not say, "Do you take me for a country yokel? I do not look like one."
Detective LEE. There are a great number of convictions for being drunk and assaulting the police. He has been convicted of horse stealing, burglary, and stealing a watch and chain. He was sentenced to six months for horse stealing in February, 1897, and 15 months for burglary in November, 1899. He has been convicted 26 times. He is one of the class of men who infest our neighbourhood and prowl round the docks. He is
associated with the lowest class of prostitutes, robbing drunken men and assaulting women. He is regarded by his own associates as a most violent man.
Sentence, Five years' penal servitude.
LOUISA MCQUEEN . I know prisoner. On June 9 I went through a form of marriage with him at Lambeth Registry Office, and he described himself as a widower. He said he was a Reserve man, and told me that by doing that it would be the means of my having support for my two boys if he was called up on foreign service. He told me he was a single man.
To Prisoner. You have been a thoroughly good husband to me. You have been a father to my boys and good to me always.
JULIA KENNEDY , 92, Lakedale Road, Plumstead. On April 30, 1898, I was present at the Roman Catholic Church of St. Mary and St. Edward, Silvertown, when a marriage was performed between prisoner and Louisa Mary O'Keefe, my sister. (Witness produced the certificate of marriage.) Prisoner lived with my sister I think for 13 months and then they separated.
HENRY FREE , Detective, R Division. On July 24 I saw prisoner, and told him I was an officer, and I should arrest him for feloniously marrying Louisa McQueen, his lawful wife being alive, and he replied, "She has caused me enough trouble already, but I did not think she would do this." When he was charged he made no reply. I produce the second certificate which I obtained from the Registry Office.
ARTHUR HAROLD ROBERSON (prisoner, on oath). On September 15, 1899, I returned from my work, and found my wife had broken up my home. In November, 1899, I was called up for service in South Africa, and I arranged for her to receive 22s. a week while I was in Africa. After serving for 13 months I was wounded and invalided home. On April 24, 1901, I was discharged from hospital. I went to my wife's sister's address, and was denied all knowledge of my wife, and I never saw her from November 9, 1899. She has a child seven years old, and I never knew of it.
To the Court. When I came back from service I went to Woolwich and made inquiries at her sister's address, and also where she drew her money—65, Barclay Road, Walthamstow. I stopped the money then. She may have been living then, but I had no trace of her. When I saw her in November. 1899, I left my watch with her, and it was handed to me, but I was told
they knew nothing of her. They did not admit that they had been drawing the money.
Croat-examined. I was referring to Mrs. Pearse, 20, Winifred Street, South Woolwich. I asked for my wife's address, and I telegraphed to 65, Barclay Road, where the money was tent to. I also personally asked for her. The money we drawn as far as I know; I made no inquiries. If it had not been I should have been told of it. I wrote to my depot, and told them to stop it. I did not make any other inquiries. In the face of the fact that there was a separation order, I say she deserted me, because she. came back and lived with me after that. She had a child, and it was christened while I was at work, and it caused a quarrel.
. The Judge called attention to the fact that no evidence had been given that the first wife was alive. Julia Kennedy was recalled and stated that that was the fact, and that the was outside the court.
Verdict. Not guilty, on the ground that prisoner had reasonable ground for believing that his first wife was dead.
Verdict, Guilty. Sentence, One month's imprisonment, second division.
OLD COURT; Tuesday, September 18.
(Before Mr. Recorder.)
HOWE. Arthur George (33, compositor), STARLING, Alfred (26, canvasser), RAINSLEY, John Sheridan (53, canvasser), JACKSON, Alfred (33, painter), and CHICK, George (33, salesman), were indicted together for feloniously forging and counterfeiting a number of pasteboard cards purporting to be passenger tickets for journeys by the Belle Steamers; with uttering such forged tickets; and with conspiring to defraud certain named persons; various counts charged separate offences against prisoners, arising out of the same fraud. Mr. Purcell prosecuted.
MORRIS COUSINS , printer. 292, Dawes Road, Fulham. About July 18 two men came to me; Howe was one; I cannot identify the other. Howe said he had a job for me; he produced some printing ink and a wooden letter, the figure "1," for numbering. I put this in the machine and made the impression on the card; he then produced some type, and said he wanted some cards printed. I said that it looked like a fraud; he said, "No, I am doing it for the Belle Steamer Company for a machine at Woolwich." I printed about 500 tickets; they were just like the Belle Steamer ticket produced, but without the cross line
and the number. Later in the evening two other men came and paid me 10s. and took the tickets away; the one who paid me was Starling, the other, I think, was Chick, but he has since grown a beard. (In pointing to the two prisoners in the dock, witness confused Chick and Starling.)
LIZZIE CAMPBELL , 71, Humboldt Road, Hammersmith. I know all the prisoners except Jackson. Howe lodged at my house; the other three frequently came there during June and July. Howe was a lodger at the house when I went there two years ago.
GEORGE HENRY RAWLINSON , barman at the "Jolly Brewers," Fulham. At the end of June Starling came into the bar and showed me two 6s. tickets to Margate; I gave him 2s. each for them.; these were used. Early in July Starling again came; he had Chick with him. Starling asked me whether I wanted any more tickets; I said I would take 10 at the same price; he gave me 10, and I paid him £1. I asked him where he got the tickets from, and he said from his cousin, the secretary of the Cunard line. On a third occasion he offered me 11 tickets for £1. Altogether I bought 20 tickets. I saw Starling on five occasions; I can remember Chick being with him on two occasions.
To Chick. The public-house is a regular calling place for tradesmen round there. When you called with Starling you took no part in the conversation; I cannot say that you knew anything about the tickets.
JOHN ALBERT PARTRIDGE , "Wellesley Arms," Sydney Street, Chelsea. On July 25 Chick came and asked me if I could do him a favour; he said a friend of his, a publican, had got six Belle Steamer tickets, and wanted to get rid of them because he had had some domestic trouble; he would part with them at half-price, 3s. each. I bought the six and paid him 18s. Two tickets I sold to Harry Gilbert.
HARRY GILBERT , hotel porter. I bought two tickets from last witness for 6s. On August 13 I went to Fresh Wharf, and on presenting the tickets I was questioned, and the tickets were taken from me; the two produced are the two that I obtained from Partridge.
ALFRED LANGLEY , clerk at Whiteley's. I know Starling. He came to me and said would I like some Belle Steamer tickets; he had got them for advertising purposes. I eventually took from him four tickets, and paid him 2s. 6d. each. He had two or three men with him; I identify Jackson as one; he was with him on two occasions. I saw Starling altogether four times, and bought 11 tickets. Some I sold to Mr. Ayres.
HENRY WILLIAM STEWARD , painter. On August 4 I was in the "Grove" public-house, Battersea, and saw Starling, whom I had known before; Jackson was with him. They showed me some tickets, and said, "We have sold two to the landlord over the bar for 8s.; you can have two for 6s., but don't tell him "; they said they had the tickets from an advertising agent. I said I did not want them, I could not afford them; they said, "Well, take two, you might find somebody who can do with them." Later on I saw Starling and Jackson again; I told them I had parted with the two tickets, but that it looked a bit fishy to me, and I had only sold them on condition that they turned out right. They said, "We should not offer them to you if they were not all right." Starling said they had other tickets before, and that on the Sunday previous 11 of them had gone to Margate with them.
CHARLES MA YES , manager of the "Britannia," Bowker Street, Chelsea. Early in August Jackson came to me and left two tickets which he said he had got through an advertising agent; Starling was with him, but Jackson did the talking; he said there were 200 tickets allowed every month for advertising purposes. I took two tickets and paid him 6s. I saw him afterwards; altogether I bought about 14 tickets.
To Jackson. You said you have been told that the tickets came through an advertisement agent. I have known you for a long time; for two years you have been a member of the slate Club at my house; I have known of nothing against you in any way.
THOMAS DEVINE , "Waterman's Arms," Wandsworth. On August 10 Chick came to my house with Starling; Chick did the talking. He introduced himself as being engaged on the Belle Steamers, I understood, as a steward, and offered me some tickets at 2s. 6d. each; he said he got the tickets through an advertising agent. I took four, and paid him 10s. He said that as steward on board he would be able to get me a lunch below the ordinary charge. Altogether I took eight tickets for £1. Two I gave to Mr. Remnant; another I gave to the police.
To Chick. I did not understand you to say that you had got the tickets from a man who had been a steward and was now in the bill-potting line.
tickets. On one occasion Starling came with him. He said they came through an advertising agency. I used two tickets myself and sold the others to customers.
To Jackson. I have never known anything against you. You are a customer of the house; I have always found you a hard-working man.
CHARLES GOULD , manager of wine and spirit stores, 71, Walde mar Avenue, Fulham. On August 5 I saw prisoner Chick, who showed me four of these tickets for Margate. I asked him how he got them, and he said he got them through the advertisements for advertising the boats. I asked him if they were all right, and he said yes. I paid him 3s. for three tickets, and sold them to Mr. Piper. The following week Chick called again, and I bought four more for 12s.
EDWARD PIPER . I bought three tickets of last witness. I went with them to Fresh Wharf on August 13. I was there stopped, and the tickets taken possession of by the police. I paid 9s. 9d. for three. I went to Margate by purchasing other tickets. The tickets I bought of Howe were similar to those I bought of the company.
THOMAS YOULL , bootmaker, 187, Lillie Road. I know prisoner Rainsley by sight. I knew him in August by the name of Sherry, his second name being Sheridan. He came to my shop in Bank Holiday week and asked me if I wanted two or three boat tickets to Margate. He produced some tickets like the ordinary Belle steamboat tickets. I asked him how he came by them, and he said they were what were given to shopkeepers for exhibiting the company's bills. I told him I did not want them. A week later he called again. I then bought two of the tickets for 4s. He said, "If you do not think they are all right I will leave them with you and you can pay me if you use them." When I got to the steamboat I was told they were forged, and handed them to the police.
WILLIAM ELLIOTT , manager to George Elliott and Co., contractors for the Belle Steamers, 28, Fish Street Hill. I employ all the stewards. I do not know any of the prisoners, and they have not been employed by me as stewards.
JOHN FRANCIS STOVELL , secretary, Coast Development Corporation, 33, Walbrook. My company run the Belle Steamers to Margate. Before the August Bank Holiday information reached me that fictitious tickets were in circulation. I have
since found that some hundreds of forged tickets have been used. In consequence an examination was made by the police on August 13. The forged ticket is so good an imitation that the officers did not find it out in clipping the tickets, but there are various differences. The blue used it slightly different. The large figure "9" if smaller than in the original, the colour of the red is different. With reference to tickets for advertising, we issue to people who exhibit the Belle bills a quite distinct ticket.
WILLIAM READ , inspector, Thames Division. On August 3 I was on Fresh Wharf, when a special examination of passenger tickets was made. I stopped about 20 on the 13th, 20 on the 14th, 10 on the 15th, and so the number got smaller and smaller. The total number of tickets I stopped was about 70. I took the names and addresses of the persons who had these tickets and made inquiries which led ultimately to Starling, Chick, and Jackson. On August 14 I saw Chick at Dawes Road, Fulham, where he lives. I asked him where he had got the tickets, and he said, "I got them from a man I do not know who was a steward on the Belle Steamers, and who got the tickets for advertising. I gave him 2s. each for them, and sold them for 2s. 6d. and 3s. I have sold about 20 tickets altogether, including Mr. Gould and Mr. Devine." I took him to the police station, and the same morning Jackson and Starling were brought in by other officers. I told Jackson a number of forged tickets were in circulation, and a number of them had been traced to prisoners through other persons. Jackson said, "I bought the tickets of a man I do not know." Starling said, "I bought them from a man I met at the 'Jolly Maltster.'" Chick said, "I did not know they were forged. The man I bought them of said he was a steward of the Belle Steamers." On August 29 prisoners were charged with conspiracy at West London Police Court before Mr. Lane, and Starling said he would give information as to who the printers of the tickets were.
FRANCIS HARTLAND , Thames Police. On the morning of August 14 I saw Jackson in Milner Street, Chelsea. I told him I was a police officer inquiring about the forging of the Belle steamer tickets. He said he had had some, but he and his pal had sold them, getting 6d. or 1s. out of each ticket.
FREDERICK SLEWMAN , Thames Police, spoke to arresting prisoner Rainsley at 12, Thornfield Road, Surbiton. In answer to the charge he said, "All right, it is done, and cannot be undone. I did not make much I can tell you. Sometimes 6d., 1s., or 1s. 6d. I had two or three at a time. Once I had a dozen, and I reckon I had about 30 in all. Starling has had Chick and twisted him. Howe and Starling were going to share alike, but Sterling stuck to all he got. I did not know they
were 'duds' until I got my last lot of tickets, about a week before Starling was pinched.'
Verdict, Chick, Rainsley, Starling, and Howe, Guilty; Jackson, Not guilty.
Sentences, Howe 12 months, Starling 10 months, Chick and Rainsley six months, all with hard labour.
Mr. Edward Hart prosecuted, and proceeded upon the second count of unlawful wounding.
EMANUEL GOLDBERG , carman, employed at the London Docks On May 14 last I came into St. Katherine's Docks just before dinner with a four-wheeled van loaded with 100 empty cases. I should think the height of the whole was 14 ft. I backed the horse in where the van was to unload, and went away to dinner. When I came back in about an hour I found the nosebag on the horse. There were half-a-dozen men there. I asked who put the nosebag on. and prisoner replied that he had, and that I was a "f——g starver." I had known prisoner before. I told him if he thought I starved the horse to go to the office and complain. I started at the back of the van to unload and prisoner caught hold of my apron, and pulled me off the van, and we had a fight on the ground. I got upon the forepart of the van next to unload, and when on the van I was fairly high up. Prisoner came up, and threw me right off. My thigh and arm were fractured, and I was taken to the London Hospital on an ambulance, where I was kept in for seven weeks. I am still unable to go about, and am attending the hospital It not expected that I shall be able to get about for another six of eight months.
To Prisoner. I did not call you foul names or turn cases over on to you and knock out one of your teeth.
CHRISTOPHER WILCOX , Police constable, 140, L. and E.I.D. on May 14 I was on duty a. St. Katherine's Docks. I saw a van with prosecutor and prisoner on the top. Prosecutor was higher than the prisoner, who was squaring up to the prosecutor, and. stepping on a pile of cases, rushed at prosecutor and threw him off. Prisoner was evidently out of temper. I did not examine prisoner's mouth when he said he had a tooth knocked out. I examined his face. There was a slight bruise on his cheek, but his mouth was not bleeding.
EDWIN CHALK . Police-constable, 304 H. On May 14 I was in Leman Street, Whitechapel. The last witness brought prisoner in about 5.40 and charged him with assaulting the prosector. Prisoner made no statement at all.
PRISONER (not on oath) stated that prosecutor threw two cases at him, one of which struck him across the eye. When prisoner
told him to hurry up with the cases he stood on the tail-board of the van and kicked at him and kicked one of his teeth out. prisoner afterwards got on to the tail-board of the van to prevent him doing further damage. Prosecutor himself, he said, fell off himself without being touched.
WILLIAM COLE , labourer, living at Enfield. I was coming up the yard to get some water, and I saw prosecutor and prisoner having a row. I heard prosecutor call prisoner a "f—g bastard." Prisoner told him to get off the van, in reply to which he threw two cases at him. One caught him on the eye and the other on the ear. Not satisfied with that, prosecutor turned round and kicked prisoner in the mouth. Our chap (prisoner) fell back and said, "You see that, Bill?" I said, "Yes." Prisoner made a plunge to get on the van, and as he got on prosecutor stepped back and fell off.
The jury acquitted the prisoner, and a formal verdict of "Not guilty" was returned in respect of the more serious charge.
Mr. G.H. Blackwell and Mr. Horace Fenton prosecuted.
THOMAS PEWTRESS , Quiller Street, Walworth, money-lender. In August last prisoner applied to me for a loan. On August 14 I wrote to him asking him to come up with his wife. He signed the form produced in the name of Alfred Popplewell, 32 years of age, married, foreman, etc., and giving an address at Cholmondeley Street. I advanced him £3, in respect of which be signed a promissory note, as for Alfred Popplewell and Florence Popplewell, his wife. It was arranged that the money should be repaid by weekly instalments of 5s. Certain instalments were repaid, and ultimately we took proceedings in the County Court against Mr. Popplewell, who set up that it was aot his signature and applied to the Court to have the judgment set aside. The present proceedings were then taken.
ALFRED POPPLEWELL , 16, Cholmondeley Street, Camberwell I have known prisoner three or four years. He has been living at my house for the last eight or nine months. The signature to the form of application is not mine, and I never authorised him or my wife to apply for a loan. The first I heard of it was when I was served with notice of the judgment, and I then went to the court and had it set aside.
EDWARD BARRETT , Detective-Sergeant, L Division. I arrested prisoner on August 19 and read the warrant to him. He said, "Have you got Mrs. Popplewell?" I said, "Yes." He said, "I feel more sorry for her than I do for myself." The woman
was discharged. In appearance she is a very smart little woman, but is said to be unable to read or write.
Prisoner, in defence, said that in arranging with Mrs. Popplewell to get the loan he thought he was only doing a friendly action, but he had found out since that he had done wrong. He had paid back £2 17s. out of the £3.
Verdict, Guilty. Sentence, 12 month' hard labour.
Mr. Simpkins prosecuted; Mr. Purcell defended.
Verdict, Not guilty.
NEW COURT; Tuesday, September 18.
(Before the Common Serjeant.)
Mr. C.F. Gill, K.C., and Mr. Bodkin prosecuted. The libel was contained in certain printed documents. The first was a pamphlet published in 1904 with the following heading: "The Hatfield Business. Letters, interviews, overtures. Astounding revelations. The greatest truth in the end will prevail. Price 1s. Published at 21, Gladstone Street. Brighton, by M.L. Stanley." The following is a quotation from the pamphlet: "It was three years later that I found, to my utter astonishment, that after I had left Hatfield House a foul and baseless slander and accusation had been adroitly and designedly attached to my name, for a very apparent reason; and the rumour of this first slander met me everywhere, causing me irreparable injury. Briefly, the origin of this plot, with all its subsequent developments and complications, was as follows: A scandal arose between the chaplain at Hatfield House and a lady of the household who is a member of the Cecil family. It appears that in the year 1890 this lady gave birth to a child, of which it was alleged the chaplain was father. In order to shield this lady of the parentage of this, she infamously attributed it to me, and the necessary tradesmen's bills have actually been made out in my name." The pamphlet was followed by a document published in the present year, entitled "The Hatfield Business, or Cecil Plot. Addenda. Published at 21, Gladstone Place, Brighton, by M.L. Stanley." The leaflet contained the following: "I regret to learn that one or two points in my published pamphlets, 'The Hatfield Business,' were not quite clear,
to in response to innumerable requests I now give the name of the lady for whom I have been made the scapegoat. It is Lady Gwendolen Cecil. Lady Gwendolen Cecil has designedly thrown it upon me for 15 years, with the most disastrous results, and at a terrible cost both to my husband and myself and others, and I am absolutely determined to endure it no longer. In consequence of distinct information I have received I demand as my right that Lady Gwendolen Cecil will take it into court. She gave birth to a child in 1890 which she has infamously attributed to me. She has the names of the doctor and nurse who attended her, and the tradesmen's bills made out in my name, and the must take her trial in the Law Courts." The pamphlet and leaflet were distributed in August of this year, together with a letter to the King dealing with the matter.
EDWARD DRIW , chief inspector, Scotland Yard. On August 13 I received a warrant from the Bow Street Police Court for the arrest of prisoner. On August 14 I went to Brighton to make some inquiries, and as the result of those inquiries I saw prisoner at the Brighton Railway Station. I asked her if she mi Mrs. Stanley. She said, "Yes." I told her I had a warrant for her arrest for libel, and was about to read it to her on the platform, when she asked if we could go to a more convenient place. I suggested the police station. In the carriage of the train were several parcels. There were other persons with her, some of whom were about to accompany her by rail. I read the warrant to her at the station. It charged her with publishing a libel on Lady Gwendolen Cecil. She was about to make a statement, when I cautioned her that if she said anything it might be used as evidence against her, and I proposed to put it down. I then took out my pocket book and wrote down at her dictation, "I have been expecting this some time, and I am glad now it has come. I have been a very much persecuted and deeply wronged woman, as is perfectly well known to many. I have appealed in a long letter to the King as well as to the public at large for funds for a fair, equal, open trial in the Law Courts, and I mean to fight the case to the bitter end, not only for my own sake but for the sake of everyone concerned, inasmuch as I regard it as a representative case, and one seriously threatening and involving the rights and liberties of the people." She then produced a manuscript letter, which the said was addressed to the King, and said, "I intended to post it in London, after having consulted my honorary secretary, with 'whom I have an appointment to-day. Her name is Mrs. Somerville. 68, Thornton Avenue, Chiswick." I then examined one of the large parcels, and found it contained a quantity of printed matter, including 1,000 copies of the "Addenda," 2,000 leaflets, and 500 copies, of the letter to the King. Prisoner said: "The copies of the
Addenda' and leaflets were intended for distribution in London at once, and the copies of the Kings letter later on. I have been persecuted for twelve years hour by hour and nothing has been done, but Lady Gwendolen Cecil has only been attacked eight days, and now I am arrested. She is the guilty woman and I am the innocent." I then examined another brown paper parcel, and found it to contain five linen placards: "The Cecil Plot, Terrible Revelations," and things of that kind. Prisoner staid they had already been exhibited on her victoria all over London the previous week and the week before. In the parcel was a large photograph (produced) of the victoria, in which was the defendant with two other women. There was also a wicker basket or portmanteau amongst her luggage, and in it I found a letter addressed to her at 21, Gladstone Place, Brighton, asking to be "supplied with one of the pamphlets and enclosing stamps. I then went to Hartington Road, Brighton, where prisoner had occupied apartments. I there found a large number of the pamphlets and a quantity of correspondence, including some between herself and her husband. There were 650 of the "Addenda," 300 pamphlets. 9,000 leaflets, 1,000 covers, and so on. I produce a bundle of correspondence extending from February. 1904, to August 9, 1906, between Rev. W.H. Stanley and Mrs. Stanley. I also produce a bundle of letters from Mrs. Somerville to Mrs. Stanley from January 22, 1905, to August 5, 1906; also letters from Mrs. Thorpe, Mrs. G.B. Edwards and Mrs. Trigg (members of prisoner's committee) from 1904 to 1906. I also went to 17, Gladstone Place, the address of one of the women who were with prisoner in the victorias I there found 13,000 leaflets and 2,000 "Addenda" I also went to the address which appears on the pamphlets, 21, Gladstone Place, where Mrs. Trigg lives, and where I found a number of copies of the pamphlet, "Addenda," and leaflets. I conveyed her to Bow Street, where she was charged.
GEORGE KEITH , 5, Argyll Street, King's Cross. I am an inquiry agent in the employ of Mr. Charles Richards. On August 10 I was employed to keep watch on a certain house in Woburn Place, Bloomsbury. About the middle of that day I saw prisoner with other persons. They drove away from the house in a victoria. I followed them. They called at various newspaper offices, and returned to Woburn Place. It the afternoon prisoner and the others left the house again in the victoria, and after visiting various other newspaper offices they went to Lincoln's Inn Fields, followed by me. I recognise the persons in the photograph as the persons I saw on August 10. They went to the Sardinia Street side of the Fields. Linen placards were hung upon the victoria, one at the back and one at the side. Those in the victoria gave out
pamphlets to passers by. I received one. I saw prisoner giving them away. They remained about a quarter of an hour, and then returned to Woburn Place. Defendant and another female afterwards drove to Victoria Station and left by the Brighton train.
LADY GWENDOLEN CECIL . I am a daughter of the late Marquis of Salisbury and sister of the present Marquis. I know prisoner as a member of the Sheehan family living at Hatfield. Her father was in the employment of my grandfather and father for a great number of years, and was pensioned by my father. She is a member of a large family, and until 1899 was employed as organist, and as organist would be at Hatfield House for a short morning service and on Sunday evening during the time the family was in residence, which would be sometimes three months and sometimes six. I do not clearly remember the fact of her leaving. I have had no communication with her for years past. A communication was made to me by one of my brothers in August. I was subsequently shown the printed pamphlet, which is called the "Addenda" I am the Lady Gwendolen Cecil referred to therein. There is no foundation, no fragment of truth in the statement. I have not seen the print of the letter to the King.
To Prisoner. I remember the Rev. J.G. Edwards, who was chaplain to my father at Hatfield House. I was not on terms of extreme intimacy with the Rev. Mr. Edwards. I knew him at I knew all the other gentlemen who served as chaplains to my father—in the same way. I know nothing about there being two warrant a out for his arrest. I am not aware that an official police letter was tent connecting your name with Mr. Edwards by order of Hatfield House; I never heard a word of it. I deny that I ever had a child. I have seen Mrt. Beer, of 7, Chesterfield Gardens, once, I think. I did not confess my guilt to Mrs. Beer. I taw her when the came to call at Arlington Street. I did not give Mrt. Beer authority to offer you £1,000 a year to tettle this disgraceful plot; I never heard anything about it. I do not know that any proposal was made that your husband should have a living of £1,000 a year with a view to promotion in the Church. I never heard of any proposal that you should have an annuity of £300 a year for the services you had rendered at Hatfield House. I absolutely deny that. I had a child in 1890, of which Mr. Edwards was the father. I know nothing of any tradesman's bills being made out in your name. I do not know of anything being done n my behalf by any of my near relations to prevent your husband acting as a clergyman. As to your appealing to the late Lord Salisbury for assistance, I used to hear of letters being received, but never anything definite. I never heard of any appeal to
the family for assistance in connection with any charge or accusation against you in connection with Mr. Edwards.
Prisoner. I have no further question to ask, my lord, At present.
The Common Serjeant. Do not say "at present." If you have any question to ask, ask it now.
Prisoner. Lady Gwendolen has denied the maternity, mother-hood of her child.
The Common Serjeant. I want to see that you understand the course of the trial. If you wish to ask any question of the present witness, do so.
Prisoner. It is an exceedingly delicate question, but I desire the examination of Lady Gwendolen on Mrs. Beer's confession. The Common Serjeant. Do you wish to ask her any other question?
Prisoner. I wish to ask her if she would submit to examination by a jury of matrons.
The Common Serjeant. I am not going to ask her that, because no jury of matrons can be empanelled for the purpose. There is no such law. Do you wish to ask any question about the facts?
Prisoner. The fact is she confessed to Mrs. Beer, and she denies it, my lord.
The Common Serjeant. You can call witnesses when the time comes. Do you wish to ask this witness any more questions?
Prisoner. No, thank you, my lord.
The Common Serjeant. Very well, that is enough.
RICHARD THOMPSON GUNTON , examined by Mr. Gill. I have been employed at Hatfield House from 1890, and before that date down to the present time I looked after the correspondence coming there. Letters were from time to time written by prisoner to the late Lord and Lady Salisbury and came under my supervision. I was personal private secretary to the late Marquis of Salisbury, and also did the secretarial work for the late Marchioness. I produce letters received from time to time from the defendant from 1889 to February, 1896.
To Prisoner. You left Hatfield in November, 1889. I do not remember that you were to return at the end of the month. At the end of 1889 Lady Salisbury came to the decision that your health was not sufficiently established for you to resume your work, that the substitutes you had appointed were not efficient, that Lord Salisbury had complained of the services, and that therefore it was necessary to appoint an efficient substitute. I never heard it said that you. stayed away intentionally, though you were asked to go back. I knew Mr. Edwards, and that he had the living of Essendine, being Appointed in 1890. He then ceased to be chaplain. I never heard that Lady Gwendolen's engagement to Mr. Edwards was expected.
This is the first I have heard of it. I know there were warrants out for Mr. Edwards's arrest in 1892. I do not know that he was taken to Hatfield House and allowed to escape. I never heard that he was taken on the warrants. It is not within my knowledge that he escaped on Sunday, July 12, 1902. I heard there were warrants out for his arrest, and the result is not within my knowledge.
Prisoner. Anyway, Mr. Edwards escaped, and has never been heard of since.
Witness. He left the rectory at that time, in 1902. I heard he was accused of felony. I never saw the warrant A new rector was appointed soon after. I remember prisoner coming to Arlington Street in July, 1891, to see me by the appointment of the late Lady Salisbury. In the first place, I was instructed by the late Lady Salisbury to recommend or advise—I do not know exactly which word to use—that she should settle her pecuniary difficulties, and to say that until her affairs were made straight Lady Salisbury could not advance her money. I think it was in 1893 that prisoner married Mr. Stanley. In the event of her pecuniary affairs being settled I was to inquire of Miss Sheehan whether any of three courses would be acceptable to her: (1) Whether she would like to go to Germany to further her musical education; (2) whether the state of her health was such as to make it desirable that she should go to a colony suitable for restoring her health; (3) whether she would prefer to go to a lady's home which Lord Salisbury knew of in London, in order to continue or recreate a musical connection. These propositions or suggestions I laid before Miss Sheehan, and she decisively refused to wind up her pecuniary affairs, and therefore the interview was without result. The winding up of her affairs did not necessitate her becoming a bankrupt, as her solicitor said a compromise would be accepted. There was then a firm of Sworder and Longmore, who were looking into her affairs, and her liabilities were stated to be about £300.
At the request of the prisoner, the printed documents were placed before the jury.
Prisoner, in addressing the jury, desired to record her conviction of the absolute truth of what she had published, and to plead justification. For some 14 years she had been the victim of a loathsome libel and of a conspiracy afterwards found necessary to support that libel. The plot and the libel could not be separated without justice, and to refuse to hear one and not the other was to stifle the truth. With her own ruin had been involved the ruin of her husband, a clergyman of irreproachable character and a graduate of Cambridge, with cruel sufferings to many others because they had stood up for justice and truth. For 14 years she had tried to get into Court, but
had not been able to find a counsel who would come into Court, nor could she afford to pay one. She had therefore no alternative but to take the step of publishing this libel to vindicate her own honour and that of her husband. Prisoner proceeded to recount the story of her dismissal in 1889. She admitted that in 1891 she was in pecuniary difficulties and applied to Lady Salisbury for help. In July, 1892, she received libellous letters from the chief constable of Hertfordshire and Superintendent Parrish, stating that she had been seen with the Rev. Mr. Edwards at Liverpool Street when he was flying from justice. With regard to the Rev. Mr. Stanley, at the time the became engaged to him he was expecting the living of St. John's, Eastbourne, and knowing Lord Salisbury she applied to him to use his influence with the Duke of Devonshire, the patron. She also applied for assistance in respect of a school she undertook, which, however, was not successful.
(Evidence called for the defence.)
Superintendent JAMES PARRISH, formerly superintendent of the Hertfordshire Constabulary, in answer to prisoner. I wrote you a letter in 1892 by reason of information I received in making inquiries about the Rev. Mr. Edwards. Mr. Edwards went away on June 10 or June 11. I was not with him at nine o'clock on the night he went.
Prisoner said she complained that her name had been coupled with that of Mr. Edwards, and handed a letter to the Common Serjeant, who, having read it, said it did not bear upon the case at present.
In further examination, witness denied that he was asked by the late Lord Salisbury to get Edwards out of the way. Witness tried to catch him.
Colonel DANIELS, Chief Constable of Hertfordshire. I produce a warrant for the arrest of the Rev. Mr. Edwards. I did not go to see Mr. Edwards on Saturday, June 11, and warn him to escape. I knew a warrant had been applied for on the Friday or Saturday, but had been refused.
Rev. WILLIAM JOHN LAWRANCE, Dean of St. Albans. I was not with Edwards on June 11, 1892, when he escaped. I was at St. Albans. I did not see Edwards. I did not go with Colonel Daniell or Superintendent Parish.
Rev. Lord ROBERT WILLIAM ERNEST GASCOYNE CECIL, Rector of Hatfield. I remember Edwards, and that I once took his duty. I cannot say whether that was on Sunday, June 12, after he had escaped.
Q. You are aware that I had a letter from Parish on July 17? The Common Serjeant told prisoner that she must not ask witnesses about other people's letters.
Prisoner. I want to prove that I appealed to the Cecil family for truth and justice in this case long before I took this step.
The Common Serjeant. You must confine your questions to the two material points in the case, which are (1) Did you publish this libel? (2) If so, can you prove the truth of the imputations contained in them? I am not going to have the time of the Court wasted with irrelevant matter.
Prisoner. Is not my liberty more important than time? I want to ask witness about some letters that he wrote to my husband. If I cannot have a fair trial I may as well give it up.
Q. Do you know that Lady Gwendolen has confessed her guilt to Mrs. Beer in 1897? A. Certainly not; the idea is preposterous. Q. You know that I have been absolutely ruined by this? A. No; I know nothing about it.
Prisoner mentioned the names of three witnesses who the said had been properly subpoenaed. Mrs. Rachel Beer, Mrs. St. Hill, and the Bishop of Chichester were then called, in the Court and within its precincts. Neither answered.
Rev. ROBERT BUTTON, Archdeacon of Lewes, sworn.
Prisoner. I wish to ask witness whether, in consequence of ay being the scapegoat for Lady Gwendolen, he refused my husband's work for ten years.
The Common Serjeant That has nothing to do with the case.
Prisoner repeated the question. Witness was directed by the Common Serjeant not to answer it.
PRISONER then elected to give evidence on oath, and was accordingly sworn.
The Common Serjeant. Is your name Matilda Lavinia Stanley? A. Yes. Q. What are the facts yon wish to state on oath? A. All the facts I have stated so far. You have not given me a fair chance, because my witnesses are not allowed to answer. Some are not here, and some have not been called. Q. You are in the witness-box to give evidence as to facts; the only fact you have stated yet is that your name is Matilda Lwinia Stanley. Do you wish to state any other facts? A. What facts does your lordship mean? Q. Any facts which are material. A. I have already told the jury that I am a scapegoat for Lady Gwendolen Cecil; that I am a ruined woman and my husband a ruined man. The Archdeacon's evidence is absolutely stifled by the Court. If I had not done this I had nothing but death in front of me, slow torture, and—well, murder—deprived of everything that is worth living for. Q. Is that all you wish to state? A. Well, I think it is a very great pity; it has been a very great deal to me and to everybody connected with me, and I would ask for the most full investigation of this infamous conspiracy. That is all I wish to say.
Cross-examined by Mr. Gill. I cannot say how much money I have had from Mrs. Bray. I have had no account. It would be a pretty considerable sum, I dare say, over £200. She is certainly one of the persons I describe as having been ruined I cannot say how much I have had from Mrs. Pozzy or Mrs. Trigg, or Mrs. Thorpe, or Mrs. White. These are the people I have referred to as "saints of the Lord "; they are all very saintly in the highest sense.
Verdict, Guilty. Sentence, Six months' imprisonment. The Common Serjeant ordered the documents in the case to be impounded, and, with the shorthand notes of Keith's evidence, sent to the Public Prosecutor, in order that he might consider whether those who had acted with the prisoner ought not to be proceeded against.
Mr. G.F. Darker prosecuted.
JOB PUDDIFANT , farmer, Rhodes Farm, Mill Hill, Hendon. On August 18 I left the "Adam and Eve," at Mill Hill, about 11.30 p.m. There were two men standing in the gateway next the public-house. After walking about 100 yards on my way home King ran up behind me and hit me with a bottle and knocked me down. Both men got on me and tried to rob me; they were feeling in my trousers pockets. They kicked me all about the legs. I heard one say, "Out him!"I holloaed out and they ran off. A policeman caught one and a soldier caught the other. When I got up I found that in feeling in my pockets they had undone my trousers. The blow with the bottle was behind my ear, and I had to go to a doctor and get the wound bound up.
To Davis. I had no drink in the public-house except some ginger-ale. There was not a constable in the house with me drinking. At the police-station I did not say first of all that it was you who struck me and tried to rob me. I do not know whether the policeman or anyone saw that my trousers were undone.
To King. I did not hit you first and cause you to drop the bottle. I did not speak to either of you. I know it was you who struck me, because you were 20 yards behind me and Davis was 50 yards. I did not close with you and in the scrimmage fall and cut myself on the broken bottle.
HENRY NEWBIRT , plumber, Mill Hill. I said "Good night" to prosecutor about half-past 11 outside the public-house; be went towards his home and I towards mine in the opposite direction. I had got about 100 yards when I heard a police whistle. I ran up and saw prosecutor (who was bleeding from
the head), a policeman, the two prisoners, and a soldier. Prosecutor said, "These men have been trying to rob me." Neither prisoner said anything to that.
To Davis. Prosecutor was perfectly sober; so was I. I had had three glasses of beer; prosecutor had had only ginger-ale. There was no constable whatever in the bar.
THOMAS BUNTON , Police-constable, 419 8. At 11.30 on this night I was in Drivers Hill Road. Prosecutor passed me, going towards his home. He had gone about 200 yards when heard a smashing of glass and somebody calling "Murder—police!"I hurried up, when I saw prosecutor, who scrambled of off the ground and ran towards me. He complained that prisoners had struck him across the head with a bottle. I blew my whistle and went up to the prisoners. Davis said, "He attempted to strike my mate and I struck him." At the station, in reply to the charge, Davis repeated this. King made no reply. On returning to the scene of the assault I found the remains of the glass bottle produced. From the position of the pieces on the ground, I should say the bottle had not just dropped down, but had been struck against something.
To Davis. I had not been in the "Adam sod Eve." I have never been in it I never take anything from a public-house. I cannot say that I saw that prosecutor's trousers were undone. He was perfectly sober at the time.
CHARLES DAVIS (prisoner, on oath). I and King were working at the Highwood Hill Nursery, on the making of a new road there. On this night we went into the "Adam and Eve" about 10.30. We each had two half-pints of beer. I then called for a pint of beer in a bottle. When we left the house, as I had a big parcel in a handkerchief, my week-end shopping, I stopped and gave the bottle of beer to King to carry. He put it in his right-hand pocket. Prosecutor passed us, mumbling something to himself. When he got about 20 yards down the road he stopped. King went on; I stopped to fill my pipe. Directly King got up to prosecutor the latter made a punch at him; the bottle of beer fell out of his pocket The two of them clinched together. I went towards them. Prosecutor was on top of King. I caught him by the jacket and pulled him off. He then shouted, "Police—murder!"A constable came up, and I told him what had happened. He took no notice. He asked prosecutor what was the matter. Prosecutor said that I, Davis, had hit him with a bottle.
Cross-examined. King's jacket was an old one, and when prosecutor struck him the bottle fell out of his pocket When they clinched prosecutor fell on the bottle; he was not struck at all. I did not tell the constable that prosecutor had struck my
mate and that I hit him, nor did I say that at the station. I have no fixed abode.
FREDERICK KING (prisoner, on oath). We were walking along from the public-house when Davis stopped to fill his pipe. I walked on. Prosecutor had stopped about 20 yards off. When I got up to him he turned round and struck me under the ear with his fist; then he rushed at me again, and we closed and fell, prosecutor underneath. He must have fallen on the broken glass bottle. As we struggled on the ground, prosecutor twisted over on the top of me and Davis pulled him off.
Verdict, Guilty. King confessed to having been convicted of larceny at Edgware Petty Sessions on May 9, 1906, in the name of Sands, with a sentence of seven days' hard labour. Police evidence showed that up to two years ago King had been a thoroughly respectable man, but had taken to drink and associated with convicted thieves. He had served in the Militia for six years, and was discharged this year with a character marked "Good." Davis had refused any account of himself. Sentence: Each prisoner, twelve months hard labour.
THIRD COURT; Tuesday, September 18.
(Before Judge Lumley Smith.)
WALKER, John (53, carman), ABRAHAMS, William (43, tailor), NORTON, William (26, basket maker), BATLEY, Thomas (36, labourer), KERBY, James (60, carman), and FOUNTAIN, Samuel (25, carman) ; Walker, stealing 600 pairs of pants, the goods of William H. Muller and Company, Limited ; Abrahams, Norton, and Batley, feloniously receiving same; Kerby and Fountain stealing 11 1/2 dozen skirt knickers, the property of William H. Muller and Company, Limited ; Norton and Batley, feloniously receiving same.
Abrahams and Norton pleaded guilty.
Mr. Bodkin and Mr. Forest Fulton prosecuted. Mr. L. S. Green appeared for Norton and Abrahams.
FREDERICK WILLIAM CHAMBERS , manager to William H. Muller and Co., Limited, of London. On August 8, 1906, I was shown by the police case, produced, marked L.S.S., No. 11728, which had arrived at our wharf on July 19, consigned to William Stern, of Monkwell Street, and which was despatched to him on July 25.
his signature. On August 8 I identified the case at the police-station.
ARTHUR PRIOR , Detective, City Police. On July 25 I kept observation in the neighbourhood of Muller's Wharf, in Lower Thames Street. At 9.35 a.m. I saw Walker leave the wharf with four cases on his trolley. I followed him to Brinsmead's Piano Works, Kentish Town, where he delivered three cases. He then returned to 40, Baltic Street, premises occupied by Norton, Abrahams, and Batley, where the remaining case was taken in. I went to get assistance and arrested Walker. On Monday, July 23, two days earlier, I had kept observation on Baltic Street. I saw Walker drive up with a single-horse trolley, with six cases on it, to No. 40. With the assistance of another man on his van and Batley he took two cases marked A 921 and 922. Walker then drove away with the remaining four cases to C. Evans and Co., in London Wall. He did not deliver anything there, but drove back to 40, Baltic Street, having been absent half an hour, received the two cases A 921 and 922 back on to the trolley, and delivered them to the proper consignees, Charles Bauer and Co., 2, Golden Lane. I saw Batley standing at the door of 40, Baltic Street. He did not assist in taking the cases in or out, but he stood at the door, evidently waiting for them. He was there all the time.
WILLIAM NEWELL , Detective-Sergeant, City Police. On July 25 I kept observation on 40, Baltic Street with other officers. At 1.45 p.m. I went in. Walker was brought in by Detective Anderton I said, "We are police officers. Did you deliver this case here," pointing to the case on the floor in the back warehouse. He said, "No, you have made a mistake." I said, "Where is your delivery sheet?" He said, "I have not got one." I said, "You do not deliver goods without one. He said, "I have not got one." At that time Detective Prior was outside looking alter the van. I called him into the warehouse, and said in the presence of the prisoner, "Is this the carman that you saw deliver this case here?" Prior said "Yes" and I again said to Walker, "Where is your delivery sheet?" Waller said, "I have not got one." I then put my hand beneath the bib of his apron and Walker took out the delivery sheet produced, torn in two pieces, which bean on the face of it the name and address of the consignee of the case, L.S.S., 11,728, and a description of its contents. Half the delivery sheet is given up to the consignee, and he signs the other half.
WILLIAM MATTHEWS , Inspector, City Police. On July 25 I went with other officers to 40, Baltic Street. I saw Walker walking away as we entered. Norton, Abrahams, and Batley were in the front warehouse. In the back warehouse I saw case L.S.S. 11,728. I said to Norton, "What is that case doing
here." He said, "I know nothing about it. If my servant put it there I cannot help it," referring to Batley. I told him he would be charged, and he said, "I know nothing about it at all." I told Abrahams he would be charged, and he said, "I know nothing about it; we were out at the time." Batley was there all this time. He said, "I saw the case there when I came back from dinner. I do not know how it came there, neither do I know who opened it." When I got there the case was partly nailed up after being opened. In the front ware room I found 18 bundles of pants without wrappers, and on the second floor wareroom I found four bundles in wrappers. I opened the case and found that a number of parcels had been abstracted, the wrappers of the 18 parcels being put back. Mr. Chambers afterwards identified the case.
SAMUEL VANSE , salesman to Charles Bauer and Co., Golden Lane. On July 23 I received from Muiler and Co. six cases of cotton underclothing, and produce counterfoils of carman's receipt. I examined cases A 921 and 922 and found that a quantity of the goods had been abstracted.
THOMAS BATLEY (prisoner, on oath). I am a weekly servant to Norton and Abrahams, and I get a weekly wage. As regards these cases which were brought before me, I know nothing whatever about them. My work is making mat baskets, and I am on the first floor making mat baskets for orders which come in from the customers. As regards these cases, I know nothing at all about them.
Cross-examined. The only goods I take in are bundles of matting, which I open, and the girls carry them upstairs. I cut the matting to different sizes for the girls to make into baskets on the first floor. That is the only business that I am aware of that Norton and Abrahams carry on. If any other business is carried on I know nothing whatever about it I have never seen any other business carried on. I am paid £1 a week. There are five girls employed on the first floor. No one works on the second floor that I know of. I never go up there. The bales of mate are stored in the back warehouse. They are packed up in roils, sheets of mats. On July 25 I was in the warehouse with Norton and Abrahams when the detectives came in. I had just come back from dinner that minute.
I never saw Walker, and do not know him, and had never seen him on the premises at all. There are no workmen on the around floor of any kind. I was out at dinner when the case was delivered, and saw it there when I came in. I had never seen a packing case there before. I never saw the bundles of underclothing till the police pulled them out. I have been employed there about eight months. I am 36 years of age.
Verdict: Walker, guilty of stealing 600 pairs of pants; Batley, not guilty of receiving same.
The indictment against Kerby and Fountain for stealing, and Norton and Batley for receiving, 111/2 dozen skirt knickers, was then taken.
ARTHUR THOMAS , cooper to Mailer and Co. On July 19 I opened a case marked S.S. 2460, in the presence of the Custom House officer, and it was closed up in my presence. It was quite full, and was kept locked up in the warehouse until delivered. It had iron bands round the back and top, which were sound, and the box was securely nailed up.
JAMES MARSHALL , checker to Muller and Co. On July 21 I delivered on to Kerby's van two cases marked S.S. 2459 and 2460 and produce pass-book containing his receipt [Book handed to Kerby, who pointed out that the entry was "15 cases, weak," meaning broken.] I do not know what "weak" means. It does not mean broken. If the oases are broken we put broken." On the back of the delivery note, if there is anything damaged, we put it.
FRIDERICK WILLIAM CHAMBERS , manager to Muller and Co. It is the practice to give the carman a delivery note, part of which is left with the consignee and the other part is signed by him and returned to the office. Note produced relates to cases S.S. 2459 and 2460, and states that case 2459 has been "broken open and tampered with," and No. 2460 "broken and goods have been tampered with."
FREDERICK WILLIAM FOSTER , foreman to Venning, Williams, and Douglas. On July 23 I received two cases marked S.S. 2459 and 2460. My man signed note produced, stating that those two cases had been broken open and goods tampered with. Twenty-three parcels of ladies' skirt knickers were missing from the cases, of the value of £6 9s. 41/2 d. I recognise the prisoner Kerby as the carman who delivered them. Fountain was with him in the street near the van, and I afterwards identified him. Kerby said to me, "I cannot take this signature, I shall get the sack." "Well," I said, "that is the condition of the cases and that is the signature you will get." He said, "Let me take the cases back?" I said, "No, you have got the signature and I have got the cases." The bands on the outside were intact, except that at the end of the case it was practically open. At they were shooting off the case the end would go in from the
weight inside, so that when I looked at the case I saw something was short in it; that is why the carman got the bad signature.
ALFRED ANDERTON , detective, City Police. On Monday, July 23 I saw Kerby leave Miller's Wharf at about 8.20 a.m, and go up Tower Hill, driving a horse and trolley, with 15 cases on it. He stopped outside the Czar's Head public-house in Great Tower Street, entered it, and came out with the prisoner Fountain. They both got on the trolley and drove to Aldermanbury, and delivered some cases, then drove to New Union Street, along Fore Street, and to William Stern's, 7, Monkwell Street, and delivered some cases at each place. They then went to Norway Street, where there is a side entrance to 40, Baltic Street, and put the case S.S. 2459 on the footway. Batley and Norton came out of the side door; Batley in his shirt sleeves. The case S.S. 2460 was then placed on the top of the other and the two taken into the warehouse by Norton. Ballsy, fountain, and Kerby, who all assisted. They were very large cases. A third case was taken from the trolley in the same way by the four men, and taken into the warehouse for a few minutes, and then put back on the trolley. Kerby went in with Batley and Norton, and then came out and drove alone to Cheapside. where he delivered a case. An hour afterwards he returned to Golden Lane, a turning running into Baltic Street. He left his trolley and stood on the kerb, and Batley came up and spoke to him, and returned to Baltic Street. Kerby then drew his horse and van round to the side door in Norway Street and then Batley Norton, fountain, and Kerby replaced the two cases S.S. 2459 and 2460 on the trolley. All four assisted in putting them on the trolley. Fountain and Kerby then drove away with the trolley to the Fore Street Warehouse Company's premises in Milton Street. These two cases were delivered at Venning, Williams, and Douglas's premises, Cannon Street, Fountain assisting. After the cases were delivered they crossed the road, went into a public house and, after a short time, got on the trolley and drove to the Netherlands Wharf. I was behind them the whole time. On July 25, with Detective Walton, I went to Netherlands Wharf, Lower Thames Street, where I saw the prisoner Kerby. I told him we were police officers, and should arrest him for stealing part of the contents of two cases which he left at 40, Baltic Street, on the 23rd, and afterwards took to Venning, Williams and Douglas in Cannon Street. He said, "Yes. I went there; I took the cases to Venning, Williams and Douglas, and the people complained of the cases being damaged. They very nearly got me into trouble, and I wanted to take them back again." On the way to the police station Kerby said to me, "I may as well tell the truth, sir. I left the case there. I did not take anything out of them. I shall plead guilty to it. There was a man named Fountain with me'
At 7.30 a.m. I saw Fountain at Netherlands Wharf. I said, "We are police officers, and shall arrest you for being concerned in stealing a part of the contents of two oases which were left at 40, Baltic Street, on Monday." He said, "Yes, I was with Kerby, but I left him in Norway Street. I did not go any where else with him. I was with him two or three hours, that is all, on Monday?
Cross-examined by Batley. I saw you there on the days in question. I am quite sure I saw Batley on the Monday, assisting. On the Friday previous I saw Batley, but he did not assist in taking the cases in or taking them out.
HAROLD WILLIAM SCHOLBB , secretary to John Soholes, Limited. On Monday, July 23, Fountain was not working for us. I have nothing to do with hie assisting to remove goods from the wharf. He received no pay.
Verdict (all), Guilty.
Fountain confessed to having been convicted of felony at Thames Police Court on December 23, 1897.
Sentences, Abrahams and Norton, 18 months' hard labour; Fountain, 12 months' hard labour; Walker and Kerby, Nine months' hard labour; Batley, Six months' hard labour.
Mr. Kershaw prosecuted.
JAMES MORRIS , fish porter, 7, Monteagle Street, Stepney. I have known the prisoner to speak to. On August 7 I was with two other men in High Street, Stepney, when I met the prisoner with his barrow. I said, "Hullo, Mike!"which is the name I know him by. We were talking together, and we started larking and wrestling in a friendly way. My two friends had gone away. After wrestling for two or three minutes I saw something sharp on my face. I put my hand up and saw it was all full of blood. I went across the road, and I do not remember any more; I fell down. I was attended to at the hospital, and I have marks of a wound on my face. At the hospital the next day I found my coat had been cut. My two friends had gone right away when I went up to prisoner. It is untrue that I had ever tried to rob him.
Cross-examined. I came out of a public-house just before I met you. I was not turned out or expelled from the public-house. I did not rob you or kick you. I did not split your lip. I had been in the public-house two minutes and had had two or three drinks during the afternoon.
THOMAS DETMAE , 20, Ernest Street, Stepney, fish porter. On August 7 I was in the "Crown" public-house in High Street, when I beard a bit of a row and walked out. I saw Morris walk towards the prisoner in a kind of wrestling attitude. The
prisoner threw his hand round, and I saw Morris's coat was cut at the back. I shouted out, "I think he has got a knife—come away." I saw the knife in prisoner's hand. Prisoner walked towards Morris again and struck him down the face. Morris was walking towards the prisoner. I saw the blow on the face. I never saw anything in the prisoner's hand. I took Morris to the doctor's.
Cross-examined. I did not see Morris strike you on the lip at the time you cut him on the nose.
To the Judge. I thought they were merely playing as Morris walked towards prisoner. Morris had his hands down.
JAMES O'LEARY , P.C. 312 H. At about six p.m. on August 7 I saw the prisoner in Stepney Green with a barrow, and told him I should take him into custody for stabbing the prosecutor. He said, "I done it in self-defence." I took him to the station, where he handed me the blade of a knife produced and said, "This is what I done it with. I done it to save my life." I saw a cut on prisoner's nose and on his lip. The cut on the nose was slightly bleeding. He said. "They done this." I should say the cut on the nose could have been done with the fist.
FRANK ROBERT , House Surgeon, London Hospital. On August 7 prosecutor was brought to the hospital. He had an incised wound on the face, commencing at the inner side of the right eye, running right across the nose, cutting into the septum of the nose and through the cartilages on the left side, through the left nostril, through the upper lip, and tailing off on the lower lip on the left side of the mouth. It was a serious wound, but not a dangerous one, and could have been inflicted with the blade of a knife produced. It must have been used with a considerable degree of violence to have cut through to the bones of the nose. Prosecutor was in the hospital about 12 days. He is all right now, but there will be a permanent scar.
Cross-examined. It was not done by a thrust of the knife—it was a cut I should think.
Statement of Prisoner before the Magistrate. I was knocked down by Morris and his two friends, kicked, and robbed. I did it to save my own life.
RICHARD WOLFE (Prisoner, on oath). About five p.m. on August 7 I was coming along High Street, Stepney, when prosecutor and two more men attacked me, knocked me down, kicked me, and robbed me; they did not leave me a penny. what I regained my feet he first gave me a kick and then struck
me on my lip and cut it. I can show the marks on my hip and shins where they kicked me. I held out the knife as prosecutor came towards me and cut him on the nose. I was knocked completely aghast when I did it. That is all I have to say About it They robbed me of 2s.
Cross-examined. The 2s. was in coppers—it was all in one pocket I got 5d. back by a little girl picking it up in the street and giving it to me. I have known Morris some time, and when I have met him he hat started taking liberties with me. Three men attacked me. Morris led the attack and the other two assisted him. They knocked me down and kicked me. The men that were there shouted, "Are you going to kill the man?" I got up. It was after I got a kick in the shin I used the knife. We were both standing up. Morris persisted in striking me. Morris did not use a knife to me; he used his leg. Neither of the other men used a knife to me. I wanted to go away.
To the Judge. The prosecutor hat taken liberties with me and thrown dirt upon me. In Billingsgate he is constantly annoying me. I was frightened of him, and single-handed. All three of them came all of a sudden, and took me unawares, knocked me down and kicked me, and took every penny from me. They very nearly threw my barrow through a window. They did it to do as they liked. They knocked me about as if I was a dog. I was frightened of. them, and I got my knife out. I thought it would deter him, and when he made a stroke at me I held it out. He split my lip. I had my knife out before. He struck me in the month and kicked me on the shin. There is the mark of a kick there now for anyone to see. I have got another kick in the arm The doctor of Brixton Prison made a careful inspection and a note of every mark on me.
The Detective-sergeant stated from inquiries that the prosecutor and other portert in Billingsgate Market were in the habit of teasing or "ragging" the prisoner. Verdict, Not guilty.
PRITCHARD, Henry (58, cabinetmaker) . Indecently assaulting Frank Page, a male person, being a male person attempting to procure the commission by Frank Page of an act of gross indecency with him the said H. Pritchard, Mr. Clarke Hall prosecuted.
Verdict, Guilty. Sentence, Three months' hard labour.
Mr. Clarke Hall prosecuted.
Verdict, Guilty. Sentence, Four months' hard labour.
OLD COURT; Wednesday, September 19.
(Before Mr. Recorder.)
DUDLEY, Charles Jefferson (30, electrician) , unlawfully and fraudulently obtaining from Sidney Pavey the sum of £4 9s. 8d. by means of false pretences, with intent to defraud. Various other counts in the indictment charged the prisoner with obtaining money and property from other persons by means of false pretences with intent to defraud. Other counts charged the prisoner with unlawfully obtaining credit from different persons named in the indictment by fraud, and incurring debts and liabilities to them. Also with unlawfully and fraudulently converting to his own use and benefit certain moneys and property entrusted to him for special purposes.
Prisoner pleaded guilty to the false pretences only, with the exception of Pavey's case.
Sentence, 12 months' hard labour.
Mr. Cohen prosecuted.
Verdict, Guilty., Sentence, 20 months' hard labour.
Mr. Clarke Hall prosecuted.
Verdict, Guilty of gross indecency. Sentence, 12 months' hard labour.
MULLENDER, Joseph (23, labourer), ROSENBERG, Julius (34, porter), THOMPSON, George (34, dealer), and THOMPSON, Eliza (30) ; Mullender and Rosenberg, stealing a diamond tiara and other articles, the goods of Ernest Paltscho, and feloniously receiving same; G. Thompson and E. Thompson, harbouring and maintaining the said J. Mullender, well knowing that he had committed a certain felony.
Mr. Leycester and Mr. Lunge prosecuted.
Mullender pleaded guilty.
Mr. Jenkins defended the Thompsons, who, in the course of the case, pleaded guilty, by their counsels advice, to harbouring Mullender.
and produced his testimonials, which were satisfactory. He is a Hungarian. I employed him as a porter. He was a hard worker, and I had no complaint to make. He was afterwards engaged as a watchman and janitor. He was there from nine a.m. till 11 p.m. He had two hours for luncheon and one hour for dinner. He had no business to be there between 11 p.m. and nine a.m. At that time the Exhibition it in charge of the Metropolitan Police.
[The evidence was interpreted to the prisoners.]
JOSEPH CZERNY (through an interpreter). I am superintendent of attendants at the Earl's Court Exhibition. I was in the Queen's Hall, when I saw Mullender there, on August 13, at 8.30 a.m. He should have arrived at 9.30. I saw him there again shortly alter eight on August 14. On the, 13th I asked him what he was doing. He said, "I have got plenty to do to make everything clean, as the Royal Family will arrive." He was using a feather broom like this. (Produced.)
EDWARD RIDALL . I am an Austrian, now of South Kensington, manager to a jeweller in Vienna. I was in charge of an exhibit of jewellery in the Earl's Court Exhibition, next to that of Mr. Paltstcho's. On August 14 I armed at 8.55, when I saw two velvet cases of Mr. Palttoho't lying on the ground, similar to this (produced). One blue frame and one bright velvet. There was also an iron bar and a feather duster. The velvet cases drew my attention to the box, and I found a window was open tad the other velvet cases disarranged and the contents gone. I then saw Mr. Fobell come in. He it the head attendant in that department.
LOUIS BROUCHELL . I am representative of Ernest Paltscho, of Vienna, and was in charge of his exhibits at the Exhibition. I arrived there about 8.45 a.m, on August 14, when I found the big show-case had been broken open and I missed a diamond tiara and bracelet, six brooches, four pendants, and other articles of jewellery worth £3,000. The articles were safe at 11 the night before.
JOSEPH MULLENDER (prisoner, not on oath). I have pleaded guilty to stealing this jewellery and am prepared to tell the truth. I am a Hungarian, and have been here three years. I was two years ago imprisoned for nine months for another theft. I have known Rosenberg about a year. I have never seen him working. I was living with a young woman named Day at No. 5, Eustace Road, Walham Green, where I had been since January. Rosenberg came to see me outside the Exhibition sometimes. The night before the robbery he put a letter in my letter-box. He suggested the robbery to me 10 or 15 days before. He said, "How easy it would be to get the jewellery the Earl's Court Exhibition "; and after he came to me
nearly every day. I said, "I cannot do it, because I have got a good wage "; I was getting 40s. He kept on coming to me and urging me. I saw him once or twice at the dinner hour. The Sunday before the robbery I saw him by the Albert Memorial, when I arranged for him to meet me at the Exhibition the next morning at 7.45. I had then agreed to do it. I do not know what I was going to get out of it. He said he would go over to America and sell it there. I was not to go with him. I met him on Monday morning at the corner of Eustace Road. We both went to the Exhibition; I went in while he waited, but I would not do anything, and I told him I would not touch anything in the Exhibition; I was leading an honest life. I was sure I would be caught, and people were there. I told him I would meet him again at 11. I did not do so, and got a letter from him at night. I threw it away. It was asking me if I would do the robbery, and write a letter to the General Post Office when I had done it. I sent a letter the next morning after the robbery, asking him to meet me at 12 on Saturday outside the Post Office. When I committed the robbery there was no one about. I saw Czerny; he went out I took the jewellery, put it in my pocket, and walked out. There were no police about. I then went to the General Post Office and waited till one o'clock. Resenberg did not come. I then went over with the jewellery to Thompson's shop. He is a general dealer. I stopped there till four o'clock with the jewellery. Only Mrs. Thompson was there. I had met George Thompson in Winchester Prison, and he then told me when I got anything to dispose of I could take it to his place. At Thompson's I was there introduced by Mrs. Coles to "Old Jack." He took me to one of Lyons' shops in the City, where I met four, other men. I handed the jewellery over to "Old Jack," and he handed it over to the other men. They paid me £100 in gold. They promised to meet me the next day. I afterwards gave £10 to "Old Jack/' and Mrs. Coles had £2. George Thompson bad £70. I got £11 out of it. Mrs. Thompson had £2. I then bought a bicycle to go to Brighton, and another one to come back with. When arrested I had 8s. in my pocket. I never saw anything of these men again or of Rosenberg.
CHARLES MANTON , gatekeeper at the Exhibition. I am in sole charge of the Lillie Road entrance from 8 till 11 a.m, and from 11 to 8 p.m.—that is at two different gates. The staff go through my gate. I had seen Rosenberg hanging about outside before the robbery. I next saw him at the police court. I think I last saw him the day before the robbery between eight and 11.
Cross-examined. I am sure I have seen you and spoken to you.
CAROLINE DAY . I first met Mullender when we were both employed in the same house, 57, Lexham Gardens. I have known him 15 months. I was cook there, and he was kitchen porter; it was a boarding house. I ultimately lived with Mullender at 5, Eustace Road, Walham Green, until August 14. Rosenberg came to 57, Lexham Gardens, every night when we were living there; he would see Mullender, and stop about half an hour; they seemed to be great friends. I had not heard anything of the robbery before it was committed. He left home earlier than usual on August 14, and never came back. I next saw Rosenberg the following Saturday, the 18th, between one and two p.m. He came to Eustace Road, and said in English, "Do you know where Mullender is?" I do not speak German. I said, "No, I wish I knew where he was "; he said he would try to find him, and thought he was down at Brixton. I knew the Thompsons lived near Brixton. Sergeant Burney came to my house between the 14th end 18th, and searched it. I then learnt Mullender had been arrested. I did not know he was a thief. Rosenberg told me he wanted him about the diamonds. He had promised to meet Mullender outside the Exhibition on Monday, and could not meet 'him there, so he could not take the diamonds—he had overslept himself. Mullender was going to give him the diamonds to sell. A few minutes after he left became back and said the "tecs" were outside, and that he had told them to go to Hampstead. Mullender told me he had met Rosenberg in Hyde Park, and had arranged to steal the jewellery. I did not believe him.
THOMAS KING , Police-Sergeant, D. Rosenberg came to my house, 7, Hampstead Road, about 12 on August 17. I know him. He said, "I have a good job for you, Sergeant King. I know who stole the jewellery from Earl's Court Exhibition, and I think I can find the man for you. He is somewhere about Brixton, and if I can see his wife no doubt I shall get more particulars, and be able to find him for you." I said, "Very well, we will go and see Inspector Stockley." Rosenberg said, "Do you think I may get into trouble?" I said, "Are yon on the job?" He said, "No; but it is ft friend of mine who has done it." I said, "Then that accounts for my seeing you outside the Exhibition at 11 at night the commencement of this month. I talked to him in German. He said, "Yes." I said, "I can't do anything behind Mr. Slockley's back. We must go and see him. You had better come with me," and eventually he did. On the 20th he saw me at Tottenham Court Road Police Station. I told him Mullender was in custody, and I Mid, "From what I have heard you have not told me the troth. I believe you are on the job, and I am going to take you to Kensington Police Station. I caution yon to be careful what you say." He said, "Do you think I shall get into
trouble? I have been seen so often with my friend, and if the porter at the Exhibition sees me I am done." He was then taken to the station and confronted with Mullender, and Mullender said, "This is the man who caused me to steal," and, turning to Rosenberg, he said, "If you had not constantly pressed me to take the jewels I should not have done it. It was you I was going to take the things to and you were going to get rid of them." Rosenberg said, "I admit I know all about the job, but when you say I misled you you are wrong. It was you who proposed it." Rosenberg sent me to Hampstead when he evidently knew Mullender was at Brixton.
Rosenberg. Do you think if I had participated in the job I would have come to you? A. Had the job succeeded and you had obtained the jewellery, or had been on the spot when the other man came along, I should not have heard anything of you.
JULIUS ROSENBERG (Prisoner, on oath). I met Mullender about 12 months before. He said he wished to go back to Budapest, and that he had been in England a year. I lost sight of him for about six months, and when I met him again he told me he worked at the Earl's Court Exhibition as porter, and invited me to go and see him after closing time. I told him I was very badly off and starving. He said, "Come to me, and I will give you something to assist you." I called and saw his wife, and said I would wait for him outside the Exhibition. I met him, and we arranged to meet again, when he would give me something. I met him, and he said, "To-day is my ten day. Come here at four p.m. Perhaps I will give you something." I met him and he said, "I am very sorry," and gave me a few pence, and told me to go again in the evening. On Monday evening I saw him again. I wrote him, "I will not come no more to see you. I must also try to find employment, when if you wish to see me then write me a letter addressed to the General Post Office," and then I went away all the rest of the time. On the Tuesday morning I went to the library at 8.30 or 9, and conversed with some acquaintances till 5 p.m. Then I went to the Post Office for my letters, and received a letter, "Am waiting for you next the General Post Office." I chucked it away and waited, and saw nobody, and went away. King and Stockley allowed me to see Caroline Day on condition that I should get information about Mullender. I never incited him.
Cross-examined. I did not know he was going to steal the jewellery, nor did I till Day had arranged to meet him after the robbery. I did say I had arranged to take the things to America to sell because I wanted to know Mullender's address. I knew he had made a friend in prison formerly who could get rid of diamonds. I told King I knew who had stolen
the things, and I spoke to Mullender at the police station about the theft.
Verdict, Rosenberg, Guilty as accessory before the fact, the indictment charged. Mullender confessed to having been conricted of felony at the Bournemouth Quarter Sessions on April 12, 1904, and George Thompson to a like conviction at the Winchester Quarter Sessions on June 28, 1904.
Sentences, Rosenberg, Three years' penal servitude; Mullender, 18 months' hard labour, and certified for expulsion under the Aliens Act; George Thompson, 15 months' hard labour; Eliza Thompson, released on her recognisance in £50 to come up for judgment if called upon.
An order of restitution was made by the Court in respect of two bicycles, bought by Mullender, in the possession of the police, and two £10 notes traced to Thompson.
NEW COURT; Wednesday, September 19.
(Before the Common Serjeant.)
Mr. Frampton prosecuted. Mr. H.G. Rooth defended.
WILHELM CURT SCHUBERT ,111, Fentiman Road, Clapham. I am a German, and in the month of January last was looking for some employment. I came to this country at the beginning of November in last year to pick up business habits and the language. I am in receipt of an allowance from my relatives in Germany. In January I saw the advertisement produced in the "Daily Telegraph" and in a German paper, wherein prisoner advertised from Chichester House, Chancery Lane, as. Krause and Co., that he gave legal advice and obtained loans. I went to the address advertised. The name over the door was German Law Institute. I saw prisoner and asked him for a loan of £25, and said that if he could not do that a smaller sum would do. I told him I had lost my situation and I only wanted the loan until my money came over from Germany. He asked me for security, and I gave him a reference to my people in Germany. He asked a preliminary fee of 2s. 6d. for making inquiries. I called several times, but did not get any money. One day he took me to Finch's wine bar and said he wanted a young man who knew German, and I thought I might find a situation. Speaking of the loan, he said he wanted another security. Shortly after I received money from Germany, and I told him the loan did not matter. I showed him my certificates
from some places where I had been, and he said I would be the right man for him. He suggested that I should come for several days and see what was to be done, and he would dictate me some letters. I went nearly every day for three weeks. Some of the letters I took in shorthand and some I wrote. I told him I should write for all my money from Germany, and he said I could take a half-share in the business. He said, "I have a splendid business. I give loans, I sell patents, I have connection with every bank in London and can control any amount." He said, also, that he wrote letters for the German Consul in London. Prisoner wanted to insure my life in the New York Life Insurance. The agent asked me what my income was, and prisoner said £10 a week. Prisoner said we could borrow money on the policy and lend it out, and that in his last place in the City Road he earned a lot of money. With regard to his office, he said, "This furniture alone cost me £100, and the rent is paid a quarter in advance." I decided to buy a half-share in the business, and paid £200 on March 6, and an agreement was entered into between us, post-dated March 16 for the purpose of being stamped. After that I took up my position in the office and went every morning and remained until five o'clock. For the first day or two prisoner was there all day, then he used to go away in the morning and return in the evening, sometimes drunk. There was no genuine business at all. There was sometimes 2s. 6d. or 5s. paid for inquiries in respect of a loan. The loans were made from my own private money. As to the patents, prisoner used to write to people asking them to send models, and then he said afterwards they must pay commission or the models would not be returned. One model was a patent for lighting gas by electricity, and one was for connections between engines. Another was coming as I went away. I remained there until July 4. About £100 of my money was advanced in loans to friends of the prisoner named Walter, Koch, schtze, kuhn, and Holtz. Some of the cheques given in repayment were dishonoured. After I left on July 4 I made complaint to the police, and a warrant was issued. I should not have parted with my money if I had known no business was done there.
Cross-examined. Before I came over here my last engagement. was in a lace Fabrik. In England, after being in a situation about four weeks with an advertising agency in the City, where I had to translate reports. I left, as the manager did not pay me my salary. The prisoner's office was nicely furnished, and there were good chairs. Prisoner's wife was sometimes there. I did not expect he would advance the £25 until he knew something about me. I never did think there was anything dishonest in his obtaining the inquiry fee and did not expect to have it repaid. When I paid the money in March I
had bad an opportunity of seeing how the business was run. I saw the people who came in. Krause pointed out to me a man to whom he wanted to sell a shop. I believe he did endeavour to sell the shop. Krause said the business was not honest; it was a swindle, but that did not matter to him so long as he earned his commission. I am now 21, and have been in different businesses since I was 16. It was generally after having wine at Finch's that prisoner made these rosy statements. Prisoner showed me a book of counterfoil receipts, and stated he had received such sums as 15 and 20 guineas at a time. I had asked to see some particulars of his business. He showed me also a day-book or diary, where he had put down the names of people who came and the commissions they paid. I did not say I liked the business, and asked him if he would take me in at partner. He offered to do so. I took the business for honest from what he told me. I really thought that a man who was doing thousands a year was prepared to take me in and divide the profits for a payment of £200. He said there would be thousands when we sold a patent, but that would not be every day, and that the loan business and the legal advice he gave paid the office expenses. He told me several times that I was the right man to do his business properly. The money lent was £36 to Walter, £30 to Koch, "£11 10s. to schutie, Kuhn, £36, £18 of which was found by Krause, and Holtz £30. Walter repaid £17, Kuhn £4, and that money was used in the business. I have sworn an information that I have been defrauded. I have nothing in writing to show what representations were made. Before applying for process at the police court I asked prisoner to give me my money back. I telephoned to him at Southend that I wanted to speak to him on an important matter. When he came back, I said to him, "Here is no business, and for my £200 I have nothing." He said business was very bad. I said, "Pay me my £200 back and we will be done with." He said, "Certainly, I will not rob you of your money." I then made him the proposal that he should give me £100, and for the other £100 a bill. He offered me £50 the day afterwards. When I was introduced to Mr. Harry Wilson, of Bow Street, he said it was a matter for a criminal court. When prisoner told me he did business with the German Consul in London he said it in German so that I could not understand it. He did not say he did business with a consul who was a German. Prisoner did write some letters for a Mr. Graesse, Consul in Uruguay. Graesse, who was staying at Dover, received letters from a solicitor in Germany relative to some divorce proceedings, and prisoner answered them like a secretary might. When I was with Krause he introduced people who came for loans to the Westminster Loan and Discount Company, which is a money-lending business. When I left the business I took such money as there was there. I
do not recollect that it was £23. Krause and I used to lend each other money. At one time he was very short of money, and pawned some underclothing which I wanted to change at it did not suit me. I did not ask him to pawn them, and was not at the office that day.
Re-examined. When people came to the office Krause used to see them alone. I only knew what he told me.
Vice-Consul BARON C. VON NEURATH, from the German Consulate, Finsbury Square. I attend the Consulate regularly. I know nothing of Krause or of the firm of Krause and Co. It is untrue that the German Consul in London is in the habit of sending persons to Krause and Co. to be advised on legal matters. I do not know Graesse. A Consul who is a German would not be the German Consul in London.
THOMAS ALLEN FURNIVALL , agent for Mr. William Henry Adams, landlord of Chichester House, Chancery Lane, stated that he let an office in the building furnished to prisoner on December 4 at a rent of £46 the first year, £48 the second year, and £52 the third year, the first quarter payable in advance, and afterwards as it became due. The rent had always been paid as it was applied for.
Cross-examined. The furniture in the office was not worth £100, as it was furnished with old stuff. There was nothing very valuable.
EMIL FASLER , greengrocer, 138, High Street, Merton. In January last I saw an advertisement in a German paper relating to loans. I wrote to prisoner, and afterwards went to see him. I asked prisoner for a loan of £10, but prisoner said he could not lend less than £30 on a bill of sale. The security was to be on my shop. I paid an inquiry fee of 5s., and he sent a man over to see my place. I did not get a loan nor my 5s. back.
Cross-examined. Merton is the other side of Wimbledon, and prisoner sent a man over to look into the truth of my statements.
Re-examined. My furniture and house are worth more than £30. I paid £100 for my business.
LEONARD OAKEY , clerk in the Holborn branch of the London and County Bank, produced a certified copy of Krause's account. The account was opened on March 20 with £73, and the last payment in was £6 on April 14. The balance was afterwards reduced to 5s. 10d., which was withdrawn on April 29.
Cross-examined. Prisoner's dishonoured cheques had since been taken up. or they would not have been in prisoners hands, I suppose. The total amount paid into the account was £157.
WALTER DEW , Inspector, E Division. I received a warrant for the arrest of the prisoner on July 12 and proceeded to Chichester House, Chancery Lane. I told him I was a police-officer and read the warrant. He said, "Do you say that he
(schubert) says that I obtained the money by false pretences? He is my partner." He afterwards said, "My cash-book shows that I have taken £60." I asked him if his cash-book was amongst the books I had taken, and he said, "It is with my counsel." meaning, probably, his solicitor. I took possession of a book of counterfoil receipts, showing that the amount taken was £7.
Cross-examined. The date of the second application for rent it July 2. That has since been paid. Prisoner led me to infer that he was not surprised by my visit. A short time after his arrest prisoner was admitted to bail. Amongst the papers I found a large number relating to patents and patent rights.
Mr. Rooth asked, this being the case for the prosecution, that his lordship would withdraw the case from the jury.
The Common Serjeant No, I cannot withdraw it.
GUSTAV KBAUSE (prisoner, on oath). I live at 361, Queen's Road, Battersea Park. I describe myself as a financial agent. I have been in England nine years, and have been engaged in this business about 21/2 years. I advertised in January last in a German paper circulating in England and in the "Telegraph" loans and German legal advice. I have advertised patents once: "German Legal Institute.—G. Kranie and Co. try to sell patents for England." Prosecutor came to me in consequence of the advertisement in the "Telegraph." He wanted a loan, and paid 2s. 6d. inquiry fee. He also asked me to write for what was owing to him, to his late employer. One morning at the end of January he told me he did not. want the advance. At the end of February he said he had nothing to do, and asked me whether I would like that he should come into the business. He said he liked my business, and was I willing to take him as a partner, In reply, I said I would not mind. Then he made a proposal. He wanted money from his aunt, but his aunt wrote to him that toe was a spendthrift, and he could not have any money. Then he drew a bill of exchange for 2,000 or 3,000 marks, and asked me to cash it for him. That represents about £150. I sent the bill to a German bank, and it came back dishonoured. His aunt afterwards wrote that he could have his money, about £400, and in the middle of February she sent him the whole lot. I told him if he liked to be a partner he must pay £200. He never asked what the profits were. I told him the German legal business, and the money lending would pay the expenses, and if I was able to sell a patent we should have a big profit. At that time I was negotiating a loan for a German Prince for £60,000, and there would be a good commission. When he asked me the nature of the business I had transacted with clients, I told him. I did not make the statement that I bad a splendid business, sold patents, and made loans, had connection with every bank in London, and had control over
any amount. I did not say I wrote letters for the German Consul. I said I wrote letters for Mr. Consul Graesse, who is a German, and Consul for Uruguay. I did not saw that the office furniture had cost £100. It appears on the face of agreement that the office was let furnished. I told him that a quarter was paid in advance, which was true. He paid me the £200 in German shares. We drew up the agreement on March 6; afterwards it was signed by solicitor Peters on March 16. After that he attended to the business, and after four weeks said he was very pleased with it. Koch had previously offered to become my partner. He was a German bank manager, and said he would buy out Mr. schubert, and asked me if he would go if he gave him £300. Prosecutor had full facilities for seeing all my papers, and the people who came to the office after he became a partner. Sums of money were advanced by us to Kuhn, Holtz, Koch, schiitze, and Walker. I was trying to sell a patent for £75,000, in which case I should have got £3,700 commission. I had also a patent to sell for supplying electric power to tramcars, which would have brought us in £1,000. Six years ago I was a partner in Vogler and Co., cigar importers. With that exception, I have never been known in business by any other name than Krause. With regard to the cheques that were dishonoured, I redeemed them afterwards with postal-orders. As to the clothes I pawned, they belonged to me, and they were pawned by me because schubert asked me for money. I also pawned a sovereign-case and a watch Which belonged to schubert. schubert had the money and the ticket too. At the time schubert left, taking with him the cash, £29 9s. 11d., he owed me £14. It is true that before he applied for the warrant he asked to have his money back. There was nothing in the agreement about that. He was to have it back because he did not like the business. I said, "All right, you can have your money back, out you must wait." He wanted £250. Then he made a proposal that I should give him £100 cash, £85 which I had lent out of my own pocket and a bill for the balance. The next thing was the arrest. Mr. Wilson telephoned to me to ask the name of my solicitor, as schubert was going to proceed against me for fraud. After that I was, of course, not surprised to see the officer.
Cross-examined. I never made advances myself. I got the money from the bank. I meant by the advertisement that I could get advances, not that I made them myself. As to the inquiries, the English Financial Corporation always want a report as to how people stand. The Corporation only grant loans of £30, but the London and Westminster Discount Company make loans from £5 to £20. I did not apply to the London and Westminster to advance money for schubert. As a matter of fact, at that time I had no money and no banking account. I
had never had a banking account in this country before March 16, when I opened an account with £75 of schubert's money. I had one in Germany. People were not pressing me for money in February and March of this year. I was sued in the County Court for £6, but I only owed the man £4. I paid the money tad the man did not come into Court I told schubert when he applied for the advance that I should have to go to someone else for the money. I told him one of hit references war not satisfactory and he would have to get another. He gave a reference to 111, Fentiman Road, but I inquired at 113, where a German waiter lives, who used to work at the Cafe l'Europe, and was told prosecutor was a man who did not pay his rent and was owing at the time about four weeks. I told him soon after the application I could not do the business. I had money from my marriage, but that was tied up by six months' notice. We never discussed what business I was doing. I simply told him that the money-lending and the German legal advice would pay the expenses. I studied German law at the Polytechnik in Berlin and am entitled to give legal advice in Germany. As to the suggestion that the money-lending business was a swindle, I got money from the Financial Corporation and the London and Westminster for over 100 people. I had a commission for introducing people, 21/2 per cent, from the London and westminster, and 5 per cent from the Financial Corporation, and 5 percent, also from Mr. Gray, a private moneylender. My books show the commission received and the business I did.
Prisoner's books, in which he said the entries of commission, etc., were made, were produced, and examined by the Common Serjeant.
The Common Serjeant observed that there were a number of entries which showed that some sort of business was going on. They could not have been concocted afterwards, because the police had possession of them.
Cross-examination continued. I have never sold a patent. I have a patent of my own for a bicycle lock. I started the patent business only in January. I did not tell schubert I had a splendid business. I told him if we sold a patent he would soon have his £200 back. Koch, who borrowed £30, was expecting to get 75,000 marks from America.
Re-examined. Koch was interested in the growth and production of rubber in America, and he expected to get 75,000 marks from his shares. Rubber has been doing very well. I thought he was a man who could find £300 if necessary. He used to be manager of the Leipzic Bank.
The Common Serjeant pointed out that this was a case where two Germans were contradicting one another, and asked what there was upon which the jury could say that the prosecutor's story was corroborated.
Mr. Rooth submitted on the authority of Regina v. Williamson (11 Cox, 328) that mere exaggeration of the value of a business did not justify indictment for fraud.
After some discussion, it was left to the jury to say whether the case should proceed, and the jury expressed the opinion that the case should go right through. Mr. Frampton and Mr. Rooth addressed the jury.
Verdict, Not guilty.
BARROW, Frederick (16, porter), McKENAN, Ernest (16, van-guard), BARROW, Horace (14), CARR, Cecil (14), and ORRIS, Stanley (14) pleaded guilty , to breaking and entering the Catholic Apostolic Church, Gordon Square, and stealing therein £59, moneys of H. Strange Hume and others, the trustees, and feloniously receiving same. ORRIS, Stanley, and KITE, Frank pleaded guilty , to breaking and entering the counting-house of William Wall, and stealing therein a pair of boots, a spirit level, and other articles.
Mr. James Todd prosecuted.
ALFRED SCHOLES , Sergeant, D Division, said that these lads had all been to the came school. Frederick Barrow seemed to be the ringleader. Orris and McKenan were really brothers. The money taken at the church was mostly in notes. A number of these had been recovered, as prisoners had been unable to get them cashed; some had been destroyed by them. Stanley, Orris, and Horace Barrow were willing to go to sea. Kite's father was anxious that he might be sent to sea in order that he might be under some discipline. With regard to Frederick Barrow, there seemed little doubt that he had got hold of some such publication as "Dick Turpin."
Lieutenant BOSANQUET, secretary of the Marine Society, said the "Warspite" was for boys of good character only—in fact, they must be of blameless character. The Navy, of course, did not want boys who had got into trouble, but there were industrial training ships which would take boys who had committed minor offences, and reformatory ships for boys who had committed more serious offences. The London County Council had a school at Feltham which admitted boys under the Industrial schools Act and a ship on the Thames at Purfleet, afterwards getting them places in the merchant service. There was also the "Cornwall" at Purfleet, which was managed by a committee and received a Government grant. The "Chichester" and "Arethusa," like the "Warspite," only took good boys.
Ernest McKenan was bound over (with Mary Kelly, his guardian) to come up for judgment if called upon. Frederick Barrow, who is too old to be sent to a reformatory, was sentenced to two months' imprisonment. Horace Barrow, Cecil Carr, Stanley Orris, and Frank Kite to be sent to a certified reformatory school or ship for four years, and to be detained in prison pending reception by reformatory.
Mr. Todd asked as to the £32 16s. 4d., proceeds of the burglary which had been recovered. The Common Serjeant ordered that it be returned to the trustees.
CLARK, George (18, porter) pleaded guilty , to uttering counterfeit coin twice within 10 days, well knowing same to be counterfeit; possessing counterfeit coin with intent to utter same. Sentence: Six months' hard labour.
THIRD COURT; Wednesday, September 19.
(Before Judge Lumley Smith.)
BIRR, Hermann , carnally knowing Jane Catherine Jacobs, a girl above the age of 13 years and under the age of 16 years. Prisoner was on bail. He was called, and on his non-answering his recognisances were estreated.
Mr. Pickersgill prosecuted; Mr. Leycester defended.
Verdict, Not guilty.
Mr. Pickersgill prosecuted; Mr. Leycester defended.
Verdict, Not guilty.
Mr. Clarke Hall prosecuted; Mr. H. Morris defended.
Verdict, Not guilty. The jury expressed the opinion that there was no foundation for the charge.
OLD COURT; Thursday, September 20.
(Before Mr. Recorder.)
Mr. Lawless and Mr. G.F. Darker prosecuted; Mr. Doherty defended scheibe; Mr. T.C. Jarvis defended Knight; Dr. Gimblett defended Blau.
FERDINAND VON MADALER (through an interpreter). I am an engineer. In July last I was residing at 44, Canonbury Road; prior to that I was manager of the Neophone Company, at 149, Rosebery Avenue; Blau was in the same employment, under me. About May Blau introduced his brother-in-law, scheibe, to me for employment as a mechanic. In June Scheibe introduced Knight to me, saying that he was a secret official of the Ministry of War. On July 15 I took scheibe, his wife, and another lady, and Blau, to Woodford in my motor-car; it was numbered H 2929, and was worth £80 to £90. On the way the car broke down at Waltham Abbey. It was taken to a public-house close by, kept by Mr. Bartholomew, and left there. We all proceeded to The railway station; on the way I said to Blau that I must go back to find out the exact name and address of the people with whom the car had been left. I returned and saw Bartholomew. I speak very little English, but I showed him my papers, and eventually I got the car back. During July the car was kept at Foster's garage in Corsica Street. It was there on the night of July 21. I did not authorise anyone to take it away; on the contrary, I left instructions that it should not be given to anyone. The letter produced [on the headed paper of the Neophone Company, and purporting to be an order by witness for delivery of the car] is not in my writing. That paper has the address of the company, Rosebery Avenue; the company had removed to Worship Street in January. Knight had been a traveller for the company and would perhaps have some of the old stationery. I seem to know this writing; it is very similar to scheibe's. I have letters of his, not here, but at home. The car formerly had the number A.7B.U.
Cross-examined by Mr. Doherty. I was not on friendly terms with scheibe in July; he was always worrying me to find him work. scheibe wrote to me when he was recommending Blau; I have the letter at home.
Cross-examined by Mr. Jarvis. I cannot prove that Knight was traveller to the Neophone Company, but I have been told so. When scheibe told me that Knight was a secret official of the Ministry of War, he spoke in German. Knight speaks some German. He was recommended to me in respect of a patent explosive shell; I am myself in negotiation with the English War Office as to a shell I have invented. This car of mine is constantly breaking down. I bought it second-hand, in May; it is a Darracq, two years old.
Cross-examined by Dr. Gimblett. I have known Blau about three months; he was never employed at Rosebery Avenue. He was a mechanic. He speaks a little English.
ERNEST BARTHOLOMEW . I keep a refreshment house at Waltham Abbey. On July 15 prosecutor came with Blau and scbeibe and some ladies when the car had broken down. scheibe did the talking. He asked if I could store the car for a day or two. I said, Yet, and that the charge would be It a day. He did not say to whom the car belonged. Later in the day prosecutor came to me; he satisfied me that he was the owner of the car, and I lot him take it away. An hour afterwards scheibe came. I told him his friend had called and fetched the car.
ARTHUR GRAHAM FOSTER , garage proprietor, 3 and 5, Corsica Street Prosecutor warehoused his car with me. On July 20, about 7.30 p.m., Knight and scheibe came to me. Knight represented himself as coming from scotland Yard, and said he was tracing Madaler in reference to a motor-car accident at Tooting. He questioned me as to when the car came to me aad expressed his doubt whether Madaler had a licence. I gave the required particulars, and the two men left. The car, which had been away for a week, came back that night. On the night of the 21st Blau brought a note, which was opened by my assistant and brought to me. Thinking the note came from Madaler I let the car go. Smith drove it away at the request of Blau. Blau spoke enough English to make himself understood.
Cross-examined by Mr. Doherty. scheibe could not hear what Knight said to me.
Cross-examined by Mr. Jarvis. I knew scheibe as being with Madaler; I had not seen Knight before. It is not the fact that scheibe spoke to me first wanting particulars of an accident to a child, that I afterwards took Knight into my private office and gave him particulars, and that he then said, "I am not a detective, my occupation is a clerk. Why do you give me these particulars. "It was scheibe who introduced Knight, but it was Knight, not scheibe, who made inquiries about the car numbers. It. was Knight himself who said he was a detective. The conversation was in the private office, and scheibe was outside. A number in red on a white ground is a trade number; white on black ground is the private possession number. Anyone may have a number assigned him who has a driving licence.
Cross-examined by Dr. Gimblett. Blau could speak English, but not much.
FRANK WILLIAM FOSTER , brother of last witness. I was at the garage on the night of July 21. Blau brought me a note, and, speaking in broken English, he asked me the amount of the account. I got out the account and he paid it.
Cross-examined by Dr. Gimblett. He paid me 3s. for three days' garage; he did not take ft receipt. He did not say anything about the car.
EDGAB SMITH ,58, Canonbury Road. I am a motor car repairer, and sometimes do odd jobs at Foster's garage. I am able to drive a car. On the night of July 21, about 9.30, I was at the garage. Blau came in with a note. After Foster read the note I got certain directions from him. Then Blau requested me to drive the car, which I did; he spoke in broken English. He told me to drive to meet Mr. Madaler; he did not say when I was to drive to. I knew where Madaler lived, and I drove in the direction of Canonbury Road. Just down the street I saw Knight; I was crossing Corsica Street, slowing down, and he jumped into the car. He asked me if I was going to meet Madaler; I said, "Yes "; he said, "Well, you will have to go to Baker Street (Clerkenwell) to meet him." I had seen Knight before; I believed that he knew where Madaler was. When I got to Baker Street Knight told me to stop at a corner; he got down to meet a friend of his, and told me to wait; presently he came back and said, "We will wait for the long 'un," meaning scheibe; I had known scheibe before. When scheibe came I was directed to go to the "Bagnigge Wells." Knight went off, and I drove with scheibe to the "Bagnigge Wells." I stopped outside the public-house. Shortly after the potman came out and said the oar was to go into the public-house yard. The car was pushed inside; both Knight and scheibe were there then. Knight asked me what was Madaler's old number; I said, A.7B.U.; he went and got some cardboard and some red ink and a brush, and painted the number on the cardboard; this was done outside in the street. By scherbe's orders I removed the two number plates that were on the car, and the cardboard was put on. We had drink together, and then I went off, an appointment being made for me to meet Knight at the same place next morning. Later the same night the police came to me and inquired about the car, and I went with them and fetched the car away. On the 22nd I went to keep the appointment with Knight; I did not tell him the police had been to me. I went to his house at his request, and he showed me the two cards produced. We went to the public-house; the police were there, and Knight was arrested.
Cross-examined by Mr. Doherty. I have known Madaler a long time; I was at the firm from whom he bought this car. On July 21 I had been at the garage all the day; I was doing nothing there. I knew very well where Madaler lived. When scheibe came up, in Baker Street, he did not express surprise at seeing me and Knight; I did not ask him to come on the car; I did not ask him to come and have a drink. Knight told scheibe to direct me to the "Bagnigge Wells." I had never before taken the car for Madaler to that public-house; I did not ask the people there whether Madaler had arranged for the car to be stored there. I placed the number A.7B.U. on the car under Knight's directions. It was Knight or scheibe who told
me to take of the number plates already on. I did not give the potman a shilling or any tip at all. It is not true that when I saw the police I was rather nervous, and thought I would save my skin. I made the appointment to met Knight the next morning; I had no idea that there was anything wrong. I cannot say with what object we were to meet; I was looking perhaps to be paid by Knight or Madaler or someone for driving the car.
Cross-examined by Mr. Jarvis. When I met Knight I was slowing down, crossing a turning; I did not ask him to go for a drive. He said, "Are you going to meet Mr. Madaler?" I said, "Yes "; then he said, "You have to meet him at Baker Street." When I got to Baker Street and did not meet Madaler I dad not know what to think, but I had taken my instructions from Knight. I know Madaler well; I have done repairs for him; he does not owe me money. I do not know what was Knight's object in altering the registration number on the car; I did not think there was anything wrong. When I unscrewed the old plates I did not take them away in my pocket Knight took them. I have heard that his place has been searched and the plates not found. I have no idea where they are. I swear I did not take them. The appointment I made to meet Knight on the following morning was not. with a view to taking him for a drive. This car was always breaking down. On the short journey on the night of July 21 it broke down two or three times; it had to be pushed into the public-house yard. I did not say to Knight, "We will take off this plate and put on the old manufacturer's plate, because the police will not grumble so much if we have breakdowns." I had no idea of stealing the car. I do not know what Knight's idea was.
Cross-examined by Dr. Gimiblett. I swear that Blau told me in broken English to drive the car away.
Re-examined. I knew scheibe to be a friend of Madaler's, or thought he was, so that I believed the whole affair to be bonafide.
GEORGE HUNT , manager of the "Bagnigge Wells." On the night of July 21, between 10 and 11, Knight came to me and said he and a friend had got a car outside, and asked whether I could put it up for the night. I sent the potman to see about it; I did not myself see the car then. At four o'clock the next morning the police came and took the car away.
Cross-examined by Mr. Jarvis. I have been at the "Bagnigge Wells" ten years, and Knight has been in the neighbourhood all that time. I thought he was all right. He told me the car had broken down.
WILLIAM HULL , Detective, N Division. On information given me by prosecutor, I got into communication with Smith, and gave him certain directions. On July 22, about nine in the morning, I and another officer met Knight,
who was with Smith, in King's Cross Road. I told Knight we were police-officers, and would arrest him for being concerned with two other men in stealing a motor car. He said, "I never sole the car; I could not drive it. Ask him," pointing to Smith. We took Knight to the police-station. About 11.30 I went to 5, Cauonbury Square, where I saw scheibe and Blau. I said to them, "We are police-officers, and shall arrest you for being concerned with another man, in custody, in stealing a motor car by means of this note," showing them the note. scheibe said, "We wanted to force him to pay us." Blau said, "l know nothing." On being charged at the police-station, scheibe said, "All right." Knight said, "Does Madaler know what he is doing?" Blau, through an interpreter, said, "The paper was given me by Knight, and I delivered it." Blau is scheibe's brother-in-law. (Witness, who said he had had considerable experience in judging handwriting, was handed a letter written by Knight and the note taken by Blau to the garage. He pointed out what he considered to be similarities between letters in the two documents.)
This concluded the case for the prosecution.
FERDINAND VON MADALER , recalled. (To the Court.) I am certain I am not indebted to scheibe or Knight. I cannot explain why scheibe said to the officer, "We wanted to force him to pay us." Eight days before I lost the car scheibe made a claim upon me for 4s. for a cab-fare that he said he had paid for me; I would not have anything to do with him, as he was so impertinent. That is the only claim he has ever made against me. I did owe Smith something, but I paid him, and on July 21 I owed him nothing.
Cross-examined by Mr. Jarvis. I owed Smith money for work done and for rubber; I believe it was 40s. or 50s. I did not pay him all at once; I paid him £1, then 10s. then £1. I am quite certain that on July 21 I owed him nothing.
OTTO SCHEBE (prisoner, on oath). I have been in England about three years. I am a mechanical engineer. This is the first time in my life I have been charged with any offence. I never made a claim on prosecutor for 4s.; he never owed me any money. When the two officers came to me I did not know that they were policemen; I thought Smith was coming on account of the money that Madaler owed him, and that the two men with him were going to help him to recover it; that accounts for what I said to them. On July 21 I had been out shopping. I had promised to go that night to a Mr. Joyce, at 45, Baker Street, to pay him money I owed him, and give him some photographic apparatus I had repaired for him. I had got within two doors of Joyce's house when I saw Smith and
Knight and the motor-car; the meeting was auite accidental. I said to Smith, "What are you doing here "; he said they had had a breakdown with the car. Knight said, "We are going to put the car up at the 'Bagnigge Wells,' as I am very well known there." Smith said, "Come along and have a drink,' ana I consented, as I thought I might meet Joyce at the public-house. At the "Bagnigge Wells" I gave them a hand in shoving the car into the yard. I saw Smith unscrew the old plates; I could not make out why he did it, but it was no business of mine. After having a drink I went home, and that is absolutely all I know of this business. I never bad any intention of stealing the car or wronging the prosecutor in any way. The note produced is not in my writing; I do not recognise the writing; I never authorised anyone to write it.
Cross-examined by Mr. Jarvis. At the "Bagnigge Wells" I saw Smith give the potman a shilling; I say that on my oath. Smith paid for the drinks.
Cross-examined by Mr. Lawless. I have known prosecutor three or four months. When I saw the numbers changed I had no notion that there was anything wrong on foot. Smith's statement that I was fetched by Knight and drove with him to Baker Street is untrue. I went to the public-house because Smith invited me. Smith is false when he says that I told him to go to the "Bagnigffe Wells." I did not hear anyone tell Smith to alter the numbers. I certainly did not write the note, nor did Blau; I know Blau's writing. I have no idea who wrote She note. I did know that a note was to be sent to the garage; I supposed it was on account of the money that Madaler owed Smith. Knight came to my house and asked me to take it; I was busy, and said, "My brother-in-law may as well go." Knight did not tell me what was in the note. I knew that Madaler owed Smith money; on July 12 or 13 Madaler had taken me to the garage to translate what he said to Smith. He paid him 10s., and said he could not pay him more then, but would pay him the remainder of the £2 10s. in one or two weeks' time; Smith said to me that he was very short of money, and could not I induce Madaler to pay him a bit more; I translated this to Madaler, who said, "Tell him I will pay him in one or two weeks' time." When Knight came to me on the 21st he said, "It's rather rough on Smith that he don't get his money," and he went on, "Will you take this note up to Smith's?" I tee now that the note is addressed to Mr. Foster; I did not look at it. Smith intended to sue Madaler, and I thought Knight was helping him in that connection. I have known Knight some time; up to Christmas, 1903, when I got married, I lived with him. I did go to the garage with Knight on the 20th. Knight wanted to meet Smith. I said, "He may be at the garage, let us go there." When we got there Knight went
in and spoke to Foster. I stayed outside; Smith wag not there.
His Lordship expressed the opinion that the case against the three prisoners was a very weak one, and invited the jury to say whether they desired to hear any more of it. As to Blau, the case had broken down altogether, and he would direct them to return a verdict of "Not guilty."
The Jury, after a short deliberation, said they were not quite satisfied as to Knight.
FREDERICK KNIGHT (prisoner, on oath). I am a traveller in seeds. I have known Scheibe all the time he has been in England; I did not know Smith until I was introduced to him by scheibe on July 21. Smith came up to us and I was introduced to him in the street. We adjourned to a public-house and had a drink together. A conversation ensued about Madaler owing Smith money. scheibe had told Smith that he knew a friend who had done County Court work and could help him to recover the money; I was this friend. We talked the matter over. I told Smith that, as the Courts did not sit in the Vacation, if he sued he would not get paid till September, and that the best thing he could do was to consult a solicitor with the object of getting some kind of garnishee or lien on the car, at that was the only thing that he knew Madaler had that was worth anything. He then turned round and, as a kind of reward or compensation for my giving the advice, suggested that he would take me for a drive. He left me to go to the garage and fetch the car. Later on he returned on the car. He slowed up for me to get in. I told him I wanted to be driven home (to Baker Street (I live at No. 44), as it was too late at that time of night to go anywhere else. He drove on accordingly. There were several breakdowns. We had got to Baker Street, when there was another stop. Smith said there was something wrong with the spark plug and he must get a new one. Did I know where he could put the car up for the night. I said, "There is a friend of mine who has known me 10 or 12 years; he keeps a public-house just here; we will take it there. At the same time I shall tell him the car is yours, and that you will come for it in the morning." I went to the "Bagnigge Wells" and got permission and the car was taken in. I saw Smith unscrewing the plates off the car. He said, "This old thing will attract a lot of attention; we will put on the
trade numbers A 7B.U. in red on white ground, and the police will think it is a trial car." I saw Smith give the potman a hilling tip. Smith took away the plates he had unscrewed. I did not take them. The police have searched my house and have not found the plates. I met Smith next morning, with the object of going with him to the "Bagnigge Well." that I might vouch him as the party to whom to deliver the car, as I do not think Mr. Hunt had seen him. At to she note, I know nothing about it; the first time I saw it was at the West London Police Court; on my oath I dad not write it, or hand it to schceibe or Blau. On the 21st I handed no note of any description whatever. I have never had this car in my possession or control for a second. Foster is wrong in saying that I represented myself as a detective. I did not represent myself to prosecutor as a War Office official.
Cross-examined by Mr. Lawless. If I am asked to suggest the reason for the car being taken away and the number plates removed, I should say it was because Smith wanted to get the car for the money that was owing to him. I swear that it was at Smith's suggestion that I wrote the numbers on the cardboard; I believe he said that if he had the old numbers on and the car continually broke down he would be summoned for obstruction. I did not say to Smith at Baker Street, "Wait while I go and fetch the long 'un." I do not know how Scheibe happened to come by just at that moment. I certainly should not go to Mr. Hunt's to put up a stolen car; he has known me 10 years; he changes cheques for me, and so on.
JAMES HENRY HORTON , of Horton and Co., seedsmen, Gray's Inn Road. Knight has been in our employ about three months. I have always known him as most honest, upright, and honourable in every way. We had a good character with him from the Neophone Company. He has been in business for himself in Gray's Inn Road. I am quite agreeable to take him back if this case falls through.
FRANK R.P. HOLT , commercial traveller, who had known Knight nearly five yean; Mrs. PENNILL, his stepmother, who had known him since his boyhood; and Mrs. MORGAN, his stepdaughter, who had known him 10 years, also gave him an excellent character.
Verdict, Not guilty, in the case of each prisoner. On other indictments in connection with the same transaction no evidence was offered, and verdicts of Not guilty were entered.
NEW COURT; Thursday, September 20.
(Before the Common Serjeant.)
MIDLOURSKY, John Franz (36, doctor) , obtaining by false pretences from John Fullman 10 dollars, 45 dollars, and 20 dollars; from Joseph Martinkus £1 10s. and £9; from Francis Gudis £1 10s. and £8; and from Joseph Kuklevicz £1 16s., in each case with intent to defraud.
Mr. Huntly Jenkins prosecuted; Mr. Purcell defended.
JOHN FULLMAN , 12, Colchester Street, Bethnal Green. I have been in England eight weeks. I had something wrong with my eyes, and a man introduced me to the prisoner to cure my eyes. I told prisoner my trouble, and he said, "I shall cure you, and then you may proceed to Canada." I paid him 10 dollars. He attended me for three weeks, and said, "I shall give you a ship's ticket, and you may go to America safe." The second time I saw him he asked me for 45 dollars for the ticket. which I paid him. He took me to an office in the City, and asked me for another 20 dollars, which I paid him. When I was about to leave London I said to prisoner, "I am afraid on account of my eyes." He said, "You need not be afraid of that at all. Do not bother me. Go straight. Nobody will stop you." I went to Liverpool and on to the ss. Canada, when the ship's doctor examined my eyes and I was rejected. I returned to London and saw the prisoner, and said, "Why did you hay me a ship's ticket to Montreal? I wanted to go to Winnipeg, and paid you £13.' He said, "You keep quiet, or otherwise I shall throw you out." I asked for my money back, and he said, "You go out. I did not receive from you £13; I received £8 only." When I got my ticket I signed a book with three crosses. I cannot write. I never got my money back, and my eyes are not cured.
Cross-examined. I had been to a doctor at Antwerp for a month or more. He did me no good. He attended me for money, and he did not give it me back. I stayed in prisoner's house for three weeks, and he attended my eyes during that time. He did not say I was cured, but that I was able to pass the doctor. When I paid him the 10 dollars he agreed to cure me sufficiently to pass the ship's doctor. He took me to Hetherington's, in the Strand, about the ticket. I do not know whether prisoner paid, but Hetherington gave him the ticket. I have not applied to the Dominion line for my money back. I have an English solicitor. I do not know if he he applied to Hetherington for the return of the money.
JOSEPH MARTINKUS , 80, Teesdale Street, Bethnal Green, labourer. I was desirous of going to America, and had some sort of disease in my eyes. I called on prisoner in May. He said, "I shall cure you in five or six weeks, and you can go then to America. If you find the money you shall get a ticket and you may go." I paid prisoner £9, and got receipt (produced). Prisoner said, "You will be able to go in about a fortnight's time. You must not go to work for about a fortnight, and then you can proceed." I never got a ticket or my money. I asked prisoner for the money back. He said, "Now
you must go. If you do not want to go you shall not get the money. You may sue me for it." I asked for the ticket. When I called for the ticket I had not paid anything towards it. After I had paid I never asked for the ticket.
Cross-examined. I come from Lithuania. I had not been attended there for my eyes. I do not feel any pain, and I knew nothing about my eyes being bad until I came. I came to England two years last March. I came to prisoner in May, 1906, and paid him the money on July 8. Prisoner did not say I was cured, but that I could go to America. I received a letter from prisoner on August 20, but I cannot read, and I went to his house next morning, and I was told he had been taken away. [Detective CABON, interposing, stated that he had taken a letter from prisoner to Martinkus, which he had handed to the solicitor for the prosecution.] As prisoner did not let me go to America at once I decided not to go. I preferred to remain in London.
Re-examined. When I asked prisoner for my money he said he had bought a ticket for me. I asked him to show me the ticket. He said, "I have not got it here," I said, "If you have not got it you never bought it." I asked him twice at his house for it.
JOSEPH ZLABIS , tailor. On. August 17 I went with Martinkus to the prisoner. He asked for the money. Prisoner said, "I shall give you no money. If you do not go to America you shall get no money." Martinkus had prisoner 's receipt in his hand and said, "Here is your receipt. Give me the money—pay back the money." Prisoner said, "I shall give you no money. If you do not like to go you need not. Sue me." Prisoner did not say he had bought the ticket He did not mention it. Mar tinkus asked prisoner to show him the ticket Prisoner did not say much to that. He said, "If you do not like to go you need not go. If you want the money, sue me."
Cross-examined. Martinkus told me he had had a letter on August 18. I cannot read. I do not know the date, but it was after I went with him to the prisoner.
FRANCIS GUDIS , furrier. I have known the prisoner for 51/2 months. I went to him in March about my eyes. I do not feel any pain, but there is something wrong with them. I paid prisoner £1, and he said, "I shall cure your eyes in three weeks time, and then you may proceed to America." I afterwards paid prisoner 10s. He commenced treating; me in March, and it lasted till some time in August After Whitsun I paid him £8—£6 for a ticket and £2 to be produced on my arrival at New York. He asked me to find the money. He said, "You may soon go after you have paid that" I told prisoner that I wanted to go to America. He was to get the ticket I asked him for it about 10 times. He always told me on each occasion,
"You may sue me if you like." I asked for the money and got a return of £3. After receiving the £3 I had to pay him 10s., and he said, "You will be able to proceed to America." I have never got my money or ticket.
Cross-examined. Until prisoner was locked up I never complained. I come from Russia. When I got to Pilsit, in East Prussia, we found out we could not pass, and we were advised not to go direct to America, but through England. When I went to prisoner he told me that he hoped to satisfy the doctor in about three weeks—make me fit to pass the doctor my brother had been treated by him before and he has gone to America. He did not suffer from trachoma; he had no neces sity to go to prisoner, but I went because I suffered. He went to get his eyes cured. Prisoner cured his eyes and let him go to America. Prisoner went to the office and paid there for the ticket, and handed it to my brother, who cannot speak English. I wish I had the money. I would go back to my own country.
JOSEPH KUKLBVICZ , cabinet maker. I think my eyes were all right, but they would not let me pass in America. I saw the prisoner about the middle of May, and he said, "You will be able to go to America in four weeks' time." I paid him 36s., and he treaded me for eight weeks and three days for that. I had a ticket which I left with prisoner. Prisoner gave me a card and told me to go to Southampton, and if they would not let me pass to show the card. He said, "You may be sure you can go now." I went to Southampton and was rejected. I saw prisoner, and he told me to get treated for two weeks longer and then I could go, and if I was unable to go he would return my money. I did not get the money back. I wit treated for two weeks longer. The longer I was treated the worse I got.
Cross-examined. On my arrival in Berlin I was told the doctor would not let me go to America direct from Hamburg, and that I had better go by London. For the prisoner's medical treatment for eight weeks, twice daily examination, plenty of physic, and three weeks' lodging in his house, I paid him 36s., and when I asked for my money back he said, "I won't return your money, but I will have you sent back to Russia or put in prison for your cheek." That was after I had had the extra 11/2 weeks' treatment.
JOHN CABAN , Detective-Sergeant, H Division, I arrested prisoner on the warrant in Pullman's case. He said, "Every farthing I have had is entered in my book. I have robbed no one of a penny. Pullman went away on his own responsibility and signed my book to that effect." He handed me book produced. He said "I had to call in a policeman to Pullman last Saturday. He came round with a number of fighters. He had his food with me for some time. When he went away I went and
bought his ticket." I took the prisoner to Arbour Square Police Station. He made no reply when the charge was read over. I searched him and found on him £9 3s. 31/4 d. He said, "I have got that ready for the Board of Trade." He also had a letter from the Board of Trade Surveyor's office: "79, Mark Lane, August 20,1906,—Sir,—I have been shown a receipt signed by yourself for £9 paid to you by C. Martinkus for a passage to America. Section 345 of the Merchant Shipping Act makes it illegal for anyone to accept money in respect of a steerage passage who is not an appointed agent, and such appointment must be signed by the Emigration Officer of the Court. I therefore require you to produce your appointment and explain this transaction prior to my advising the Board as to your prosecution." The answer to that letter is: "I have sent to C. Martinkus a letter that he should call for the payment of £9, which he had given to me and begged me to do him the favour to buy him a ticket from London to Romford Falls, U.S.A. I did not know that it is against the law, and, being willing to oblige C. Martinkus, I took the money from him and gave a receipt, No. 196, on July 8, 1906. I write to let you know that I have no answer to my letter, which I have sent to him. He promised that he would call to-day for his money, but he did not come, so will you kindly be good enough to let me know what I have to do with the money. Thanking you in anticipation, I remain, yours faithfully, J.F. Midloursky."
The Common Serjeant ruled that there was no evidence of false pretences in either case, and the jury returned a verdict of "Not guity."
Mr. Clarke Hall prosecuted. Mr. Lawless defended.
Verdict, Not guilty.
Mr. Muir prosecuted.
CHARLES COOPER P.C. 88, G Division. On August 6, 1906, I was on special duty at the Britannia Theatre, Hoxton. At 11.30 p.m. my attention was called to a woman in the pit smoking a cigarette, which is contrary to the regulations. I spoke to her. A man named Bryan was seated next to her, and then the prisoner. I knew Bryan by sight, and had seen prigoner several times in his company. Bryan used very foul language, and asked what business it had to do with me. I said, If you do not know how to behave yourself you will have to go outside." I got hold of him to pull him out, when the
prisoner got up and fired a loaded revolver. The first bullet grazed my chin, and it slightly bled. Prisoner was about a foot or 18 inches from me. I at once got hold of him by the neck, letting go of Bryan. Prisoner fired two more shots, which appeared to me to be in the air. The auditorium was in darkness as the spectacle was on. The next morning I found that a bullet had passed through the top part of my tunic, coining out of the shoulder, and just catching the shoulder of my shirt. When I had seized the prisoner Bryan took hold of belt produced and was going to strike me with it, when P.C. Ward rushed in and stopped him. I then said, "Take this man, that is the man who shot me." He took prisoner, and I took Bryan to the station. In reply to the charge, prisoner said, "I fired up in the air. I did not mean it for you.' He was quite sober. On searching him nine cartridges were found in the belt produced. The pistol was dropped, and not recovered by the police. The other belt produced we took from Bryan.
JOSEPH WARD , P.C. 135 G. On August 6 I was on fixed point duty near Britannia Theatre. At 11.40 p.m. I heard shots fired in the theatre. I rushed inside; people rushing out, said, "Governor, you are wanted inside; there is someone murdered" I saw the last witness with a large crowd round him, and went to his assistance. He said, "Follow that man; he is the man that shot me." I seized the prisoner, who became very violent, and got him into the attendants' room till the crowd could get away. Prisoner said, "Let me go. I did not mean it for him. I fired in the air." There was almost a panic in the theatre. There were people in the upper part; this was in the pit under the balcony. As we took the prisoner and Bryan to the station we were assaulted with stones and bottles. When charged, the prisoner replied, "I did not mean it for you; I fired in the air." In the dock at the station, when charged, prisoner said, "I will do for some of you; I will make it hot for you." He was sober. On searching him I found belt produced with seven cartridges in it.
SAMUEL ALBERT DAWSON , manager to Gee and Co., bockbinders Prisoner has been employed by my firm for 31/2 years. During that time we have never had a more harmless or industrious or inoffensive lad in the building. There has never been toe slightest symptom of violence or offensiveness to any of the people who work there. During the time he has. been there he has been respected by all the employees in his department.
Cross-examined. I know nothing about the way he spends his time at night, or the company he keeps. Bryan is not employed by us.
Verdict, Guilty. Sentence, 12 months' hard labour.
OLD COURT; Tuesday, September 11.
(Before Mr. Recorder.)
SCOTTEN, William Charles (29, plumber), and CRAWLEY, Evan (51, painter) pleaded guilty , to stealing a pair of shears and other articles, the goods of Albert Thomas Moorcroft, and feloniously receiving same. Scotten confessed to a conviction at Chelmsford, on February 21, 1906, for stealing tools, with a sentence of six months' hard labour. Police proved other convictions against him. Crawley has never been' convicted, but is known to the police as a notorious tool thief. Sentence, Scotten, eight months' hard labour; Crawley, three months' hard labour.
MURPHY, Jack (17, labourer), and SOWRAY, William (20, labourer) pleaded guilty , to stealing 23 brass unions, the goods of J.W. Jerram, and feloniously receiving same. Sowray confessed to a conviction at Chelmsford, on November 29, 1905, for stealing a cape, with a sentence of one month's hard labour; there were then four previous convictions against him. Police' stated that Murphy's real name was Bryant; he was circulated as being wanted as a deserter from the army. Sentence, Murphy, two months' hard labour; Sowray, six months' hard labour.
JESSE WARRINGTON , Police-constable 827 k. On August 16, about 9.10 a.m., I met prisoner in New Road, Seven Kings, Ilford, about a mile and a half from prosecutor's premises. He was carrying two bags; I asked him where he had got them from; he said he had bought them down the road. I asked what number? He said, "49." I said we would go there and make inquiries. He said it was no use going, as he might have made a mistake in the number, and he would not know the house again. I took him to the station and charged him with unlawful possession; later, as the result of inquiries, I charged him with stealing the property from 12, Abbey Road, Barking Side, at four o'clock that morning. He said he was not there at that time, and that he had paid It. 2d. for the lot.
To Prisoner. I saw you at seven o'clock in the morning. You had nothing with you then.
WILLIAM STARES , rag dealer, 12, Abbey Road. On the night of August 15 I left in a shed at the side of my shop five sackfuls of rags. When I got there about five next morning the sacks had been taken away. Their value was about 50s. At the police-station I was shown the sacks taken from prisoner and I identified the goods as mine. Prisoner had on a coat and waistcoat that were my property. He is wearing them now.
Prisoner's statement before the magistrate: I was not there at the time stated. I was going by Ilford clock tower at 25 minutes to five. I have no witnesses to call.
Prisoner now said that he found the bags lying in a ditch and picked them up.
Verdict, Guilty. Prisoner confessed to a conviction at Chelmsford, on November 15, 1905, in the name of William James Hayes, for stealing a horse, with a sentence of three months' hard labour. Police proved other convictions. Sentence, nine months' hard labour.
NEW COURT; Wednesday, September 12.
(Before Mr. Recorder.)
ELLIOTT, John (19, baker), and SMITH, Thomas (18, ostler) ; both breaking and entering the shop of Ernest Charles Willis and stealing therein two bicycles, his goods, and feloniously receiving same. Smith pleaded guilty. DAIRS, William (21, coster), and ELLIOTT, John (19, baker); both stealing a mare, the goods of Frederick Hornett, and feloniously receiving the same.
Mr. Warburton prosecuted, and proceeded with the charge of stealing a mare.
THOMAS MARCH HUNNING , horse slaughterer, The Swan, High Street, Ponder's End. At 6.30 on the evening of September 1 prisoner Elliott came to me. He said, "My friend and I have been for a drive and the horse hat slipped and hurt its legs and we have made up our minds to sell it and have it killed." I said, "Where is it!"He replied, "Up in the field." When I go up to the field I saw Dairs. I asked them what they wanted to pert with the horse for, and they said it was "licked—knocked to the world," and that they would not be able to get it home I asked how long they had had it, and they said about three weeks and had bought it at the Caledonian Cattle Market, paying £3 10s. for it. I told them if they brought it down to the Swan I would pay them for it. It was a mere wreck, and I gave 12s. 6d. for it to slaughter for cats' meat. I questioned them again when I bought it, and Elliott said he bought it of a friend in the Holloway Road. I afterwards called in the police, as, on thinking it over, I did not think they had come by it honest. The owner came for it between three and four on Sunday morning, and I handed it over to the police. To prisoner Elliott. I understood you or Dairs to say you hid had the mare three weeks.
FREDERICK HORNETT , skin dresser, 51, Temple Mill Lane, Leyton. On Saturday, September 1, about 5.15 a.m., I turned the mare into the fields. At quarter-past seven the same morning I missed her. I valued the animal at £8. I used her in my business. On the morning of Sunday, September 2, I identified her. The place where I saw her is about eight or nine miles from Temple Mill Lane. She was very much fatigued, M if she had been over-driven. She is getting all right now. Of course, driving a horse off grass is not like driving it when. it has been fed with corn.
To Dairs, I turned the horse out myself. I loosed the head stall with four others.
To Elliott. You were both strangers to me. There are two or three different ways you could go alter taking the horse—Hackney way, Leyton way, and West Ham.
To the Court. Caledonian Market is six or seven miles from Temple Mill Lane. The horse market is held every Friday.
CHARLES TOBUTT , Sergeant, J Division. About 12 noon, on the 2nd of this month, I saw prisoners at Enfield Highway Police Station. I told them they would be taken to Leyton, where they would be charged with stealing a mare from Temple Mill Lane. Dairs said he bought it three weeks previously at Caledonian Market.
To Dairs. You did not state that you had bought the mare on Friday night about half-past six.
Dairs handed in a statement, in which he accounted for the possession of the mare by stating that he bought it of Thomas Radley, living in Hornsey Road.
Verdict: Guilty against both prisoners. The other charges were not proceeded with. Both pleaded guilty to previous convictions, and were stated by the police to 'be the associates of notorious thieves. Sentences: Elliott, 18 months; Dairs, 15 months; and Smith, six months; all with hard labour.
Mr. Forrest Fulton prosecuted.
LOUIS KLEIN , tailor, High Road, Leyton. Prisoner called upon me on August 7 with another man about 11 o'clock and asked to see some trousers. He selected two different patterns and asked to be measured,
whereupon the other man went outside. He gave his name as Arthur Lambert, and his address as 12, Union Road, Leytonstone. The price of one pair was to be 16s. 6d. and of the other 14s. 6d. I asked him if he would leave a deposit, and he said he had come away without cash and produced a cheque for £2 10s. out of which he asked me to deduct £1 and hand him the balance. The cheque was drawn on the Central Bank, dated August 2, 1906 "Pay to Mr. Lambert or order, £2 10s. James Weston." The cheque had been endorsed and I believed it to be a genuine cheque. Prisoner asked me if the goods would be ready on Friday and I said "Yes." I endorsed the cheque and paid it into my bank in the ordinary course and it was returned marked "no account." Prisoner did not call on the 'Friday, and from inquiries I made I did not think it of any use to call at the address given. I gave information to the police.
To the Court. I did not start to cut the trousers until I found the cheque was all right. No mention was made of sending the goods. I did not ask prisoner where he got the cheque from and he did not volunteer any statement.
GEORGE FRIEND , Detective-Sergeant, J Division. On Aug. 16 I saw prisoner at Liverpool Street. I told him I had a warrant for his arrest for obtaining £1 10s. from Mr. Klein by means of a worthless cheque. I conveyed him to the station at Leyton. He said, "I endorsed the cheque myself. It is nearly twenty years old. If Mr. Klein had brought it round to me I would have rectified it; that was the arrangement"
ELIZA SMITH , 7, Argyll Road, Laytonstone. Prisoner came to lodge with me on July 16, and was lodging with me on Aug. 7. I do not know what he does for a living. He was to pay 4s. a week and paid two weeks. He offered me a cheque on two or three occasions, which I refused to take. He stayed with me till he was taken and he then owed me three weeks.
LEONARD CLAYDON , clerk, London City and Midland Bank. The Central Bank of London was amalgamated with the London City and Midland Bank in 1891. I cannot tell when the cheque produced was issued. We do not keep books more than ten years. The date of the stamp is 1887; it would be soon after that. We know no customer of the Bank named James Weston. Prisoner has never had any account at our bank.
Prisoner by way of defence said that he had received the cheque in payment of a bad debt.
A further indictment for stealing six shirts and one sweater, the goods of John Baker Hawes, and feloniously receiving same was not proceeded with.
sergeant FRIEND Said he had known prisoner from a boy and he had gone on very well until four years ago when he got mixed up with racing men. He had been in a lunatic asylum for nine months.
Sentence, six months hard labour.
THIRD COURT; Wednesday, September 12.
Before the Common Serjeant.)
REEVES, James (20, sailor) pleaded guilty , to breaking and entering the shop of Thomas Cole and stealing therein two cakes and the sum of 5s. 5d., his goods and moneys, and feloniously receiving the same. Prisoner confessed to having been convicted of felony at Winchester Assizes on November 17, 1903, in name of Harry Reeves, receiving three years' penal servitude. Several other convictions were proved. Sentence, five years' penal servitude.
THIRD COURT.; Thursday, September 13.
(Before the Common Serjeant)
DUNNING, Frank (23, butcher) . Unlawfully receiving a Ralli car, the goods of William Henry Allerton, well knowing it to have been unlawfully obtained; unlawfully receiving a mare, the goods of Henry Bowen Perkins, well knowing it to have been unlawfully obtained.
Mr. Grantham prosecuted. Mr. Kershaw defended.
WILLIAM HENRY ALLERTON , builder, Wanstead. On June 12 my coachman, Hook, brought a note to me from H. Russell: "Dear Sir,—Enclosed (please find cheque value £14 for trap I saw this morning, and oblige yours truly, H. Russell." Cheque produced was enclosed. I had a conversation with the man who brought the note; he is not the prisoner, and I have not seen him since. I believed the cheque was good, and allowed him to take the Ralli car.
Cross-examined. I never saw the prisoner.
WILLIAM JOHN HOOK , coachman to W.H. Allerton. I know the Ralli car. Two men came to see me, neither of whom was the prisoner, and I do not know the two men. I had a conversation with them, and they came back later in the day with a note, which I handed to my master, and they took the car away. On July 7 I saw the car with Mr. Withers. It was repainted. It had been blue with red lines, and it was changed into yellow with black lines. The caps on the wheels were taken off and changed. They had on them, "Reed, Woodford, builder."
JAMES LUCAS , coachbuilder, Romsey, Hampshire. On June 20 prisoner brought to me a Ralli car and asked if we could paint the wheels, as he had a customer he thought would buy it if they were painted yellow. He wanted it varnished over, and he asked if we had a spanner to fit the caps of the wheels. I gave him one, and he took the caps off. He said they belonged to a cart he had at home, and he asked me to fit on two others and finish the car as quickly as possible. Prisoner came on the following Sunday, paid me for what I had done, and took it away. I had seen (prisoner before in the market, but I did not know him. I certainly did not know the car had been stolen.
Cross-examined. Prisoner brought the car to me at 7 p.m. It looked much better when painted. He took both caps away. Prisoner told me his brother was William Dunning, whom I have known for some time. Prisoner told me he was living at Fremantle. I have worked for William Dunning, and know the family.
EDWARD WATERS , of Waters and Rawlins, auctioneers, Salisbury. A few days before June 26 I received a letter from F. Duming, 5, Victoria Road, Fremantle: "Dear Sirs,—Please enter in for sale a turn-out, a bay mare, 16 hands, Ralli car, and harness. Mare quiet to ride and drive, good trapper and fast If the turn-out does not sell for £30 or more, will you please divide it and oblige." The lot was put up, and realised £30 17s. 6d., and I sent cheque (produced) to prisoner for £29 4s. 2d. Salisbury is about 20 miles from Southampton.
Cross-examined. We have auctions for horses once a month. It is nothing unusual for me to sell horses or cars sent from Southampton. I have had no other transaction with prisoner or George Dunning.
WILLIAM DUNNING , butcher, Fir Grove, Fremantle, brother of the prisoner. I received cheque produced for £29 4s. 2d. from prisoner, paid him the money, and cashed it through my bank about a fortnight after its date.
Cross-examined. My brother, the prisoner, has been of butcher from boyhood, and for the past 10 months he has been carrying on business as a butcher at 5, Victoria Road, Fremantle. He has a stable and a meat store close by. He has no shop, but he drives a horse and cart, does his business from door to door, and has earned his living in that Way for nearly a year past. Previously to that, he has been employed as manager for James Nelson, who has butchers' shops all over the country, and previously he was with W. and R. Fletcher, Limited, for seven or eight years. He is 23, went into their employment as a boy, and became their manager. Lucas has done work for me. My brother George has earned his living all his life by buying and selling horses. He is my eldest brother, and ie a little over 30 years of age.
Re-examined. I last saw George in Southampton about two months ago. I do not know where he has gone. 5, Victoria Road is a private house where prisoner lodged, having one room let to him. The meat was kept in the stables. A day or two after I handed the prisoner the £29 he went to look for employment at Cardiff, where he has a sister. I wrote to him to come back, and the police then saw him.
By Mr. Kershaw. (Before prisoner went to Cardiff he went round to the Inspector of Police and told him he was going away.
HENRY MELLON , coachman to Dr. Perkins, Barking. On June 14 two young men, whom. I do not know, called at the stables in reference to the sale of a mare and brougham. Neither of them was the prisoner. They subsequently bought the lot, for £49 and gave me cheque produced for that amount signed "G. A Watson." I had a cheque for £2 also, which I cashed. I subsequently went to Mr. Miles, of Sutton Mandeville, near Salisbury, saw the mare, and had it sent back to Ilford.
HENRY BOWEN PERKINS , M.D., Finchley, formerly of Barking. On June 14 I sold my mare, brougham, and harness to two unknown men for £49. The cheque was dishonoured. I have not seen the men since. When I parted with my property I thought the cheque was good.
Cross-examined. I do not know the prisoner or George Dunning.
HERBERT GEORGE SMITH , clerk to Cox and Co., bankers. We have a customer of the name of W.J. Mangles, of Pirbright. Six cheques produced are from cheque-book delivered to him, but are not in his handwriting. Two of them are signed "G. A. Wason" and "H. Russell." We have no customer bearing either of those names.
SYLVANUS WEIGHT , cattle dealer, Leyton, Essex. On June 17 my pony was stolen from my stable in the High Road, Leyton. On June 29 I saw it in the possession of Mr. Barter, Shirley, near Southampton, and I took possession of it. I value the pony at £25.
LEONARD BARTER , farmer, Nurseling, Southampton. On June 111 bought a pony mare for £14 7s. from the prisoner, whom I have known as a buyer of poultry and calves. The pony was subsequently' identified by Sylvanus Wright and delivered to him.
Cross-examined. I have known the prisoner for some time in Southampton. Before I bought this pony I had seen him driving it about Southampton, and to Romsey Market on several occasions. He drove it to my place before I bought it. I made him an offer & week before I bought it of about £12, which he would not take. I then raised my offer to £14 7s., which he accepted. On June 29 I told prisoner that the pony was stolen and that Mr. Wright had taken it away. Prisoner said he did not think the pony was stolen. He afterwards paid me £4 10s. and £9 17s., returning me my money. I did not exactly know prisoner's address, but I knew where to find him. I know where his house and his stables are, and that he lived in Victoria Road.
Re-examined. Prisoner told me he bought the pony from his brother, and that he paid £14 for it. He told me that directly I told him it was stolen on the evening of the my Wright claimed it.
STEPHEN CHARLES KEEN , carman, Walthamstow. I and Golds bourne occupy stables at Walth a me tow. On April 27 I locked up the stables, and the next morning I found my cob was stolen together with the harness and a lorry of Mr. Goldbourne's. On August 12 I got the cob again from Shirley, Southampton.
PIRCIVAL JAMES PITTEB , grocer, Swathling, Hampshire. In answer to an advertisement in the "Southern Daily Echo" of June 11: "For sale.—Good strong cob, sound and quiet to ride or drive. Also van and harness, the lot complete, £14.—5, Victoria Road, Fremantle, Southampton." I called at that address. On the following day prisoner came to my place with the trolley, cob, and harness, and I gave him £7 10s. and waggonette for them. Prisoner said he had had it about six weeks. Later on Goldbourne came with the police to my place and took the trolley away.
Cross-examined. It is the usual thing not to pot the name in the advertisement.
JAMES POLLOCK , Detective-sergeant, stationed at Southampton. On Sunday, June 24, in consequence of what I had heard, I went to a stable in Gower Road, Shirley, near Southampton, where I saw a Welsh chestnut mare pony. On comparing it. with the description given in the "Police Gazette," I found utey were identical. From what I was told by the witness Barter, I saw the prisoner Dunning at his stables in Victoria Road. I said, "I am a police officer. I want you to account for the possession of a pony which you sold to Barter on June 11 last." The prisoner replied, "I bought it from my brother George about five weeks ago. He drove it down here. I paid him £14 for it. I thought it was all right as he is, a hone dealer." On August 4 I arrested the prisoner in Trafalgar Road, Shirley, Southampton. I said, "I am going to arrest you on a charge of horse-stealing in London in con junction with your brother George." He replied, "Yes, he let me in for this. I never thought a brother would do anything like that The last lime I saw him was outside Claphftm Junction station, when I bought the trolley, which is at Swaythling, from him and another man." He said he knew the other mans Christian name. The prisoner gave me the first intimation about the trolley. He did not tell me anything about Dr. Perkins' mare or the ralli car, although he had the opportunity of doing so. I subsequently heard that they were itolen and traced to the prisoner.
Cross-examined. When prisoner told me I knew nothing abort the stealing of the trolley—he gave the first information about that and said that it was at Swaythling, which was quite true. When the prisoner told me I went to Swaythling and got to Mr. Pitter in that wav. I have no reason to disbelieve that prisoner had been driving the trolley about Southampton for five weeks. I have known prisoner for the last 12 months by seeing him driving about, and during that time be has been carrying on business as a dealer in mean and poultry driving about from door to door, to restaurants and houses. He has had no recognised shop. He is a kind of
hawker of meat and vegetables. He was lodging at 5, Victoria Road, and he had a stable and a place where he kept hit store. He left Southampton about July 2. He had come back to Southampton before I arrested him. Before he left he went to Inspector Alison and told him he was going away. He did not mention where he was going, or he would (have been arrested sooner.
CHARLES TOBUTT , Detective-Sergeant, J Division, stationed at Leyton. About 4.30 p.m. on Aug. 5 I saw prisoner at Southampton Police-station. I said "I am a police officer and I am going to convey you to Leyton, where you will be charged with being concerned with George Dunning, not in custody, in stealing and receiving a chestnut pony of the value of £25 between the 16th and 17th May last, the property of Mr. Wright, of Leyton; and further with stealing and receiving a bay mare the property of Dr. Perkins, of Barking, and A ralli car, the property of Mr. Allerton, of Wan stead. The pony you sold to Mr. Barker, of Nurseling, near Southampton. The mare, ralli car and a set of harness were put in a tale by you at Salisbury." Prisoner scud, "All right. I had ill of them from my brother George. He brought the pony to me at Southampton. I paid him £14 for it and sold it to Mr. Barter for the same money. I kept it about five weeks before I sold it. The mare, cart and harness my brother brought to me at Southampton on a Sunday night. I gave him £24 for the turn out, but as it was no use to me, he told me I had better put it in a sale. I did so and it was sold on the Tuesday week following the Sunday I bought it. I also bought a pony, trolley and a set of harness for £13 from George tad another man outside Clapbam Junction Railway Station about seven weeks ago. The, pony I sold to Mr. Patihard, at Fremantle." Mr. Pathard is a harness maker. He and Barter are two different people. "The trolley and harness I sold with an old grey pony to Mr. Plliter, at Swaythling. My brother George wrote to me to meet him at Clapham Junction." On Aug. 17 I was present at Stratford Police Court when the Goldbourne and Perkins charges were read over to prisoner. He said. "That is right."
Cross-examined. On August 5 he told me about the trolley, without any suggestion from me. I did not know it had been stolen. The statements he made were quite correct.
FRAMK DUNNING (prisoner, on oath). I live at 5, Viotodl Road, Fremantle. For the last 10 months I have been doing J very large meat round, driving round to many customers and selling meat and poultry at their doors—restaurants and private houses. I had a stable three doors from 5, Victoria Road, and
a place to store meat. Before that I was employed for two years as manager in a shop of James Nelson at Commercial Road, Portsmouth. I am 23 years old now. Before going to Kelson I had been with W. and R. Fletcher, meat importers, who have shops all over England. I began with them as errand boy, became manager of a shop, and left to go to a larger shop for Kelson. My brother George is about 30. He has been a horse dealer as long as I can remember. The mare and Ralli ear were brought to me by George, with a set of harness, to 5, Victoria Road, on Sunday, Jane 17, and I bought the lot for £24, and paid him in gold. He told me he had bought it from a doctor. He said it would be good for letting out I told him to buy me a little one. He said he had some work to do and wanted to get away, and he advised me to buy it, have it done up, and put it in the Salisbury auction. He said, "It will get you a pound or two." He told me no was going away, he had some more horses coming. A day or two before I had asked him if he had a pony and trap that would suit me for letting out—that I had sold my pony to Mr. Barter, and if he came across another pony and trap he could buy it for me. I wrote to Waters and Rawlins and sold it, as stated. At Salisbury there is a special sale for horses. "I know Lucas the coachbuilder. I took the car to him, explained that William Dunsing was my brother, and got him to do it up. When I bought the trap there was only one cap, and I put on one of my own caps and drove it to Lucas. I asked for a spanner, and took both caps off. Why I had it painted in that way was I met a man who told me if I had it painted yellow he could find me a customer for it. The man never came any more, and I sent it to the auction. I paid my brother £24, and paid Lucas £2 16s., and received from Waters £29 odd, and cashed his cheque with my brother William. I had no idea but that George had obtained them honestly. I dealt with him and knew him as a horse dealer. I never dreamt he would do such a thing as sell me stolen property. About five weeks before June 11 George led the mare pony which I sold to Mr. Barter up to 5, Victoria Road. I gave him £14 for it, and considered it an honest transaction. Barter made me an offer of £11, which I refused. I had several biddings for it. I used it for five weeks, driving about, and Barter stopped me and bought it for £14 7s. A week or two before June 11 my brother wrote to me to come up to Clapham Junction and see a pony trolley and harness. I went up by the first train, and met him with a man named Jim, whom I did not know. The trolley and pony were in a yard and coachhouse near by. I went to see it, and offered £13. The price asked was £16, and my brother advised Jim to let me have it for the money I offered which he did, and I paid £13 to Jim. I then drove it down to Southampton, drove
it about Southampton for five or six weeks, and then pat the advertisement produced in the "Southern Daily Echo." Either I or the chap in my employ was using it every day for five or six weeks. Pitter called and I sold it to him with a hone I had bought from Bathard. I sold the pony to Bathard for £4 and a large horse and then sold the trolley and horse to Pitter for £7 10s. and a wagonette. Pitter had it on approval for two days. It was in the same condition as when I bought it. On June 24 Sergt. Pollock came and saw me. was asked nothing about the Ralli car and I did not mention it. On July 2 I went to Cardiff and before I left I told the police I was going. I worked at Cardiff till Aug. 4 for Janet Nelson. I heard my brother George had been arrested and I came straight back to Southampton of my own free will. When I bought these things I had not the slightest idea my brother had been acting dishonestly.
Cross-examined. I had a large business as a meat dealer, taking about £20 a week, sometimes £30. When I left Southampton my father started on the round and is doing it now. I told him I was going into a situation again—that I was going back to Nelsons. I did not know what shop I should go to. I mentioned the name of Nelsons to the police. I never had any idea that my brother was a horse steadier and I do not believe he is now. I do not know where he is. I believe he has been tried once and acquitted. I made very little—indeed I lost money—by swopping horses. On June 17 I had two carts and ponies. My brother asked me to come up to Clapham Junction and see the trolley, and I went up and bought it. It is not an unusual thing for dealers to do. My brother used to live at Eastleigh about 12 months ago.
At this point His Lordship suggested that there was no case upon which the prosecution could succeed and the Jury returned a verdict of Not guilty.
FOURTH COURT; Thursday, September 13.
(Before Judge Lumley Smith.)
DEVESON, Thomas (36, bricklayer) pleaded guilty , to breaking and entering the dwelling-house of Arthur Llewellyn Dale and stealing therein a clock, and feloniously receiving same. Police proved that prisoner was sentenced at West Ham, on December 14. 1900, to four years' penal servitude for house-breaking, and other convictions were proved against him. Sentence, Six months' hard labour.
CREIGHTON, George (20, sailor), and WILSON, Edward (21, labourer) pleaded guilty , to breaking and entering the shop of Frederick Day and stealing 30 undervests and other articles.. Creighton was charged with breaking and entering the shop of James Daniel Manning and stealing a banjo and case and other articles, and with stealing a mandoline, the property of James Richard Newell. Police proved that on October 13, 1905, prisoner Creighton was sentenced at West Ham to three months, in the second division. On February 4, 1902, he was bound over at Thames Police Court He has done no work for the last 12 months. All these cases have taken place in the vicinity of Barking, and since they were taken into custody there have been no cases. There are no previous convictions recorded against Wilson. He was wearing stolen property when arrested. Sentence: Creighton, three years' penal servitude; Wilson, six months' hard labour.
NEW COURT; Friday, September 14.
(Before Mr. Recorder.)
MILLERSHIP, George Thomas (53, chemist), and MILLERSHIP, James Midford (24, clerk) ; both conspiring and agreeing together and with Ernest Hill Comford and others whose names are unknown, to defraud of their goods Henry Solomon Wellcome, the British Liquozone Company, Limited, Leslies, Limited, the Icilina Company, Limited, and divers other liege subjects of the King. Both obtaining by false 'pretences from Henry Solomon Wellcome drugs value £60; from the British Liquozone Company, Limited, goods value £7 7s.; from Leslies, Limited, goods value £7; and from the Icilina Company, Limited, goods value £7 14s. 2d., in each case with intent to defraud.
Mr. Bodkin prosecuted.
JOSEPH COLETT SMITH . I am a member of the Board of Management of Messrs. Burroughs and Wellcome, manufacturing chemists, Holborn Viaduct, of which business Mr. Solomon Wellcome is the sole proprietor. In August of last year we received an order on the printed heading of George Hill and Co., wholesale patent medicine vendors, druggists' sundriesmen, and merchants, 16, Fifth Avenue, Manor Park, and 75, Jersey Road, Leyton, ordering three dozen bottles of Cascara Sagrada and some other articles. We executed the order without making inquiries. The value of the goods was £6 18s. We had never heard of the firm of George Hill and Co. before, but we believed on the faith of the heading of the letter that It was a genuine firm. We never got paid. An action was commenced, but the summons was returned not served. We were
also unsuccessful in serving at 75, Jersey Road, and the count pawed into the category of 'bad debts. In April of this year we received the order produced in the name of Watson and Brandon, of 3, Village Street, Marcus Street, Stratford, That was headed, "Watson and Brandon, wholesale merchant! and agents, and drugs, chemicals, oils, patents, proprietorias, and general sundries," and the order was for antipyrin and phenacetine. That order was not executed. We had not previously known the firm of Watson and Brandon. In June of this year we received an order from the "Eastern Pure Drug Co.," manufacturing chemists, Maryland Road, Stratford, for six dozen of Kepler a Extract and three dozen antipyrin. That order was signed H. Erosick. The heading at the top of the order was "Telegrams: Edco, Stratford," and "Bankers, London and South Western." That order was executed, He value of the goods being £9 12s. That also became a bad debt. We received a subsequent order from that firm, the value of the goods being £15 16s. 9d. It was not then our custom to make inquiries through Stubbs concerning new customers. We subsequently executed an order of the Eastern Pure Drug Company for antipyrin tablets to the amount of £3 16s. 6d. On June 23 we got an order for a copy of Remington's Practice of Pharmacy from the Eastern Pure Drug Company and signed "G. Miller, R.P." That was also sent, the value of the work being 17s. 10d. On June 25 we received an order from the same company, with a slightly different heading, "Drugs and Chemicals, Proprietories, Patent Medicine, Stationery, Perfumery, and General Trade Sundries. "' Telegrams and bankers as before. That was an order for Hazeline, menthol snuff, and Kepler's Extract, amongst other thing's, and the value of the goods was £14 11s. 2d. We subsequently received a letter complaining that we had despatched large Kepler's, and requesting us to send them small ones, but that we did not attend to. A further letter was received asking the reason of the delay, but by that time we had received certain information, and we sent a letter which came back marked "Gone away." The whole amount of goods ordered by G. Hill and Co. and the Eastern Pure Drug Company was £56. At the time we parted with the goods we believed the statements contained in the letter. They appeared to be from genuine firms carrying on genuine businesses.
ELLEN FLORENCE WHATLEY , formerly a clerk in the employ of Messrs. Burroughs and Wellcome, spoke to receiving the order from George Hill and Co. and passing it on for execution in the belief that it was a genuine order.
JAMES LE MAY , clerk to Messrs. Burroughs and Wellcome. I recollect an order being handed over the counter at Holborn Viaduct from the Eastern Pure Drug Company, and I handed over to the bearer two parcels of Kepler's Extract I wrote on the order the words "had by" and the person who received the goods wrote "Received by J. Hayward." To the best of my recollection it was the younger prisoner.
BIRTIE DOUGLAS HARRIS , clerk to Messrs. Cheke, house agents. I had the letting of 16, Fifth Avenue, Manor Park, and in July of last year a flat at 6s. per week was let to a man named E. Hill. I do not recognise him as either of the prisoners. He occupied until September, 1905, and left, owing three weeks' rent, without giving any notice. The house is a double house, and there are no business premises.
BESSIE LAWS , wife of William Laws, 12, Stanley Road, Ilford. I lived at 16, Fifth Avenue, Manor Park, in July, August, and September of last year. I recognise the elder prisoner. I only saw the younger one once. I lived in the upper part of the house. I could not tell who was downstairs, as there were so many coming in and out I do not know what business was done, but there was on a board outside, "O, Hill and Co., patent medicine vendors." There was no shop. I did not buy any medicine there. Besides the prisoners a tall man used to come to the premises. He was tall and fair, and rather inclined to stoop. He bad a slight moustache.
Mrs. SARAH CLASS, 2, Village Street, Marcus Street,' West Ham. I am the landlady of the house, which is a private house. There is no shop or business. I recognise the elder prisoner. I knew him by the name of Watson and Brandon. He occupied a part of my house. It is one house let in halves. The name of Watson and Brandon was printed on paper over the fanlight, and there was a board outside with the inscription, "Druggists, Sundriesmen, and commission agents." Watson and Brandon resorted there about three weeks. A very tall, 'thin man, with a slight moustache, also came there. I handed the board over to Sergeant Marshall.
FRANK CATMUR , 2, Stepney Green. I tin landlord of No. 3, Village Street, Marcus Street. At Lady Day this year I let half my house to a man who gave the name of Comford. The rent was 4s. He occupied for four weeks, but I only got one week's rent, and that was paid in advance. I think the name up was Watson and Brandon. He was a tall, thin man. I do not recognise either of the prisoners. I used to go to the place on a Monday, which is rent day, but there was never anybody there on Monday.
Park, consigned by Messrs. Burroughs and Wellcome to George Hill and Co. The box was signed for in the name of Cumford.
WILLIAM HENRY GOLLARD , packer in the employ of Messrs. Burroughs and Wellcome, stated that on June 25 he took a parcel to 36, Maryland Road, Stratford, directed to The Eastern Pure Drug Co. The sheet was signed in the name of H. Krosick.
SAMUIL TYRELL , carman to Messrs. Pickford. On June 6 last year I delivered at 36, Maryland Road, a case of goods consigned by Messrs. Burroughs and Wellcome, which were signed for by H. Plosky. On June 15 I delivered a further case consigned by Burroughs and Wellcome to the Eastern Drug Co. and that was signed for by J. Plosky. I recognise the younger prisoner as H. Ploskv. On June 23 I delivered another case consigned by Burroughs and Wellcome to the Eastern Pure Drug Co. at the same address. The signature to the sheet is G. Millership. I could not say who signed the sheet as it was taken away and signed inside. On Jane 26 I took another box consigned by Messrs. Burroughs and Wellcome to the same consignee. The sheet was signed "0. Miller." In that case also the sheet was taken away to I did not see it signed. On the following day I took another case and the sheet was taken away and returned to me.
FRANK WARDLEY , employed by Messrs. Beedzler and Co. retail chemists, 20, Norton Folgate. I buy goods from time to time for my principals, and pay for them. I know a man named Fox, who is about my own height and slim. I have bought job lines of goods from him, invoiced in the names of on and Millership. I bought from him 35 lb. of lint for £1 3s. 4d. On December 29 last I also bought from him a parcel of Kepler's Extract, which is a mixture of malt tad Cod Liver Oil. Kepler's Extract is one of Burroughs tad Wellcome's preparations. On the 30th June I bought other goods of Messrs. Burroughs and Wellcome which were signed for "G. Fox." A further receipt was signed "J. Hayward" by the younger prisoner. I asked why they were parting with the goods and he said they were a job line. We had known this man Fox for some considerable time. I have never teen the elder prisoner before.
CORNELIUS GARMAN , chemist, 278, Roman Road. On June 20 of this year I bought 5 dozen of Kepler's solution from the younger prisoner, who cradled representing Wright and Co. and said he was acting on commission for them. I think he gave the name of Hayward. I had never seen him before but he suggested to me that some time ago Wright and Co. had sold me goods. I believe that I had some dealings with them some six months before. I paid £2 17s. 6d. for the 53/4 dozen. The list price of the extract would be about £4 12s. I paid the money by cheque which I endorsed J. Hayward and
was paid through the Stratford branch of Parr's Bank and not through the London and S.W. On June 29 he came again and gave me a card on which was "E. Comford, agent for stock buyers and general sundries, 47, Berkeley Road, Manor Park." I have never heard of Comford before. On that occasion he sold me 33/4 dozen Kepler's solution of a larger size. The bodies were in cases as they came from Burroughs and Wellcome, except that the cases were somewhat knocked about. I gave £3 15s. for them and the list price would have been about £5 10s. He signed the receipt "per pro George Wright And Co., £. Comford." The cheque was made out to Geo. Wright and Co., and it is endorsed both "George Wright and Co." and "J. Hay ward." The younger prisoner requested that the cheque should be made out to Hayward, but I said, as the bill was George Wright and Co., I understood I was buying from them, and I made it out to them and crossed it to order. I saw no one but the younger prisoner in reference to these transactions.
WILLIAM KENNRD SKILL , manager to Hooper's Drug Stores, Limited, 59, High Street, Peckham. On June 27 a man, whom I recognise as the younger prisoner, called and asked me if I could do with some goods of Burroughs and Wellcome. I said I could do with them, and he produced some samples of lint. He gave me a card on which was "George Wright and Co., Drug Merchants, Manufacturers, Patent Medicine Vendors, and General Sundriesmen. Wright's Borated Fuller's Earth, Wright's Borcted Violet Powder, Dr. Fleming's Medicinal Preparations, etc., etc. Analysts, Chemical and Microscopical Undertakers, 8, Claremont Road, Leyton." Amongst the list of things he had to offer were Haselene cream, Hazeleae scent, menthol snuff, large Kepler's malt and oil, Icilina cream, and anti-pyrine tabloids. He said I could have the goods at 50 per cent, off Burroughs and Wellcome's list. I asked him to call back again in an hour's time as I was rather suspicious that it was not all right. In the meantime I telephoned to Messrs. Burroughs and Wellcome. When he returned he left samples, and I said I would write. I saw him once more, when he offered me 60 per cent. off. On July 2 I bought certain goods under instructions at a little more than 60 per cent, off the list prices. He signed the receipt produced, "James Miller," in my presence.
HAKEY STANLEY CLARKE , clerk, in the employ of the L. and S.W. Bank, at Forest Gate, stated that the bank had never had any account in the name of George Millership or of The Eastern Pure Drug Company.
To prisoner, George Millership. The bank had an account in the name of "Plosky."
WILLIAM HENRY STOCKWELL . I am financial manager of the British Liquozone Company, 60. Wilson Street, Finsbury Square. Liquozone is a remedy for various ailments, hut I would not say for all. I remember receiving in December last a letter from George Wright and Co., drug merchants, manufacturers, patent medicine vendors, etc., of 8, Claremont Road, Leyton, ordering some of our goods. The order was executed through Messrs. Bean, the carriers, the invoice price of the goods eight £7 7s. We have never been paid. I believed to the tame that we parted with the goods that there was a genuine firm of that address.
FREDERICK GEORGE HOLMES , 12, Claremont Road, Leyton. I am landlord of No. 8 in the same road. In September of list year, a man who gave the name of Wright' became the occupier. His appearance was fairly respectable, and his height was about 5 ft. 6 in., I should think. The rent was 9s. 6d. per week. I have met a man named Holmes on the premises. He was taller than the other man, and had a slight moustache and stooped a trifle. Wright's tenancy lasted something like four months. I recognise both the prisoners. I knew the elder one by the name of Wright, and the younger prisoner was supposed to be his son. The rent was paid within about three weeks. I had no notice that they were going. I saw things going in and out on different occasions in the name of George Wright and Co. It was a private house, and there was no shop. There was ft board outside with the inscription, "Wholesale drug manufacturers and patent medicine vendors." I saw persons going in and out, but what their business was I could not say. I found the premises vacated about the end of January this year. I subsequently happened to meet the elder prisoner in the street and made inquiries about the arrears, which he said would eventually be forthcoming I told him I thought he was ft fraud. I do not think he made any reply. They had a little furniture. As tenants, they were not anything worth having, and I was glad to get rid of them. The accommodation consistedof five rooms and a scullery. In the course of my inquiries I went to 75, Jersey Road. That is a private house, and there are no business premises.
ALFRED WALDUCK , 4, Station Road, Forest Gate, greengrocer and removals, spoke to removing some goods for a Mr. Holmes to 75, Jersey Road. Leyton. He also spoke to seeing Comford in company with the two prisoners. He removed some goods from Claremont Road, Leyton, to Tennyson Road, Stratford, and thence to Manby Road, Leyton. In the latter case the
order was given by Mr. Millership's eldest son. The elder prisoner used to be called the doctor. He also knew Plosky, who was a Polish Jew, and was in the glass trade. Plosky had been in the iron trade, and had had a go at a lot of things.
JOHN HAYNES , carman, employed by Messrs. Bean, spoke to delivering some boxes to George Wright and Co., at No. 8, Cltremont Road, consigned by the British Liquozone Company. They were signed for by a tall, slim man. He did nol recognise either of the prisoners.
VALINTINE CHRISTY RENNICK , secretary to Leslies, Limited, Lloyd's Avenue, chemists' eundriesmen. In December last we executed an order from George Wright and Co., of 8, Clarement Road, Leyton for 1 cwt. of surgeon's lint, value £7, which we dispatched through Pick ford 8. Payment was promised in a month, but we did not get paid, and communicated with the police in January. From the heading of the letter we believed there was a genuine firm at that address.
ALBERT JOHN GROUT and CHARLES CHESHIRE, carmen, in the employ of Messrs. Pickford, spoke to the collection of two bales of lint from Messrs. Leslie, and to their delivery at 8, Claremont Road. Cheshire did not recognise either of the prisoners, sad did not recollect who signed the sheet.
ABRAHAM EDWIN HOWLING , chemist, Upton Park. In January of this year I purchased a quantity of Leslie's lint from Messrs. George Wright and Co.'s representative, whose name I do not know. He was tall, dark, and thin, and had a peculiar stoop, and a slight dark moustache. He gave me this card, "George Wright and! Co., wholesale drug merchants, patent medicine vendors, 8, Claremont Road. I had known the firm about twelve months, and had done business with them, but had never been to their place of business. I bought 12 lb. of the lint, for which I paid 9s. I told Leslie's traveller, when he called, that I had bought their No. 3 lint for 9d. per lb., their price being Is. 3d. It was represented as a job lot, and I had no reason to think it had been improperly come by. Occasionally small parcels of goods get hawked about through failures, and so on.
WALTER WILLIAM BOLTON , secretary of the Icilina Company, 742, Gray's Inn Road. The company manufacture various proprietary toilet, articles. On June 22 this year I received an order from the Eastern Pure Drug Company, manufacturing chemists, Maryland Road, Stratford, the value of the goods being 30s. On June 26 we received another order from them of the value of £6 4s. 2d., which we executed, believing they were a genuine firm.
HAROLD SATCHELL , assistant manager of the Giant Oxie Company, 8, Bouverie Street. On June 13 of this year we received a letter from the Eastern Pure Drug Company ordering a quantity of Giant Oxie, which is made up in tablet form. We were asked to send another twelve dozen tablet, but we would not execute that order until we had a reference. The goods were delivered to a boy, who signed for them in the name of E. Hill.
WILLIAM CHARLES NEWELL , clerk in the library department of Lloyd's, Limited. On May 14 I received an order for the International Library of Famous Literature, signed, "James M. Millership, assistant fitter, Great Eastern Railway, 28, Chobham Road, Stratford," and written from Kitchener Rood. There are four bindings, and the style ordered came to £11 15s. The reference which accompanied it was on the paper of the Eastern Pure Drug Company, and ran as follows: "Dear Sin,—I have pleasure in stating that Mr. James Millership has been known to me for some years, and I have confidence thereby in saying that I believe him to be a highly respectable, honest, sober young man, and in a position to take up one of your libraries.—Yours truly, George Miller." A framed picture of Swift and Stella accompanied the books. I afterwards received a card giving notice of change of address from Kitchener Road to Studley Road, Upton Lane, Forest Gate. The payments would amount to 7s. 6d. per month. One instalment was due at the time of the arrest.
SIDNEY ROBERT BROWNING , 115, Kitchener Road. I am land-lord of 117, and recollect, on May 26, letting a floor of that house to a man who gave the name of Frank Millership, whom I recognise as the younger prisoner. There were three rooms, a flat really, and the rent was 6s. 6d. a week. It was never occupied, and no furniture was ever there. Five weeks were paid. The library was the only thing that was ever delivered there, and when that was taken away by prisoner and another man, the rent paying ceased. I went to see where they took it. They took it to 118, Studley Road. I then went to the police station and communicated my suspicions to the police. Prisoner told me he was formerly employed at the Great Eastern Railway works at Stratford, but that wais too hard work, and he afterwards got employment with the Eastern Pure Drug Company. If the rent had not been paid I should not have allowed him to take the library away.
EMILY FANNY WESTON , 118, Studley Road, Forest Gate, married woman. I recollect letting a room to the elder prisoner in the name of Miller. He was there about four months, and left on July 21. A tall, thin gentleman, with a fair moustache,
came with him. He went away in the morning and came back at night. I thought he was a traveller. The younger prisoner had a room at my place for about a month. When they left, they left behind them a case labelled glass, and one that looked like books. One week's rent is owing.
JOHN MARSHALL , detective-sergeant. I received a warrant on July 27. I found the (prisoners in Victoria Park, and read the warrants to them. George Millership said, "That is my son; he is innocent; he knows nothing about it." In the train going from Victoria Park to Stratford, George said, "Have you seen Ploiky?" I said, "Yes, I have." He said, "He was the active principal. "' Next morning, on the way to the station, George said, "My son only sold on commission, the same as the other men. Plosky is the prime mover in this. I acted for him at first. I cannot understood my being here. Plosky done the ordering." In a box belonging to the elder Millership I foond amongst a quantity of memoranda a card with the name, "George Wright and Co.," and a rent book, the testimonial in favour of J.M. Millership on the paper of George Wright and Co.; another testimonial in favour of J.M. Millersaip signed "E. Comford," a rent book in the name of J. Millerahip, and an agreement, dated May 16, between George T. Millership and Annie Plosky, witnessed by Comford, relating to the Eastern Pare Drug Company.
THOMAS HENRY GURRIN , handwriting expert, 59, Holborn. Viaduct, expressed the opinion that various orders and letters were in the handwriting of the elder prisoner, amongst them the testimonial sent to Lloyd's.
RALPH PLOSKY , 135, Devonshire Road, Chiswick. I am a glass merchant in a very small way of business. The younger prisoner did not receive commission from me; he was paid by the elder prisoner, if paid at all. The elder prisoner received the whole of the moneys. I received one account only. I endorsed one cheque in the name of "J. Hayward." I had nothing to do with the selling. I was manager. My wife was in partnership with George Millership, and I managed the business for my wife.
To the Court. I do not know anything about drugs, and I did not make them up.
Examination continued. I engaged a man of the name of Gardener to remove goods to Mr. Garman's, chemist, Roman Road. I received the cheque for them, and that is the only money I received.
Cross-examined. The elder prisoner and my wife carried on the business of the Eastern Pure Drug Company. He told me
his name was Miller when I first knew him. I know nothing of George Wright and Co. except what I heard at West Run. The elder prisoner showed me a circular when he first asked me to go into the wholesale drug business, and explained to me that the profits were about 50 per cent. The elder prisoner ordered "Edco" to be put at the top of the heading. We intended to register it. It was snarled as a bona-fide busmen. We manufactured five things and paid for the manufacture of the drugs when we first started. I authorised "Bankers, London and South-Western," because my wife had an account there. We intended to put ail our money there. I received only one account of £3 5s. I do not know who looked after the as counts. I was rather busy at the time selling my business. I happened to move just about the time of the prosecution. It was when I found out from other people the character of the elder prisoner. I knew goods were being brought from Messrs Burroughs and Wellcome, for which not a single farthing was being paid. I did not know they were being sold at less than the invoice price. My wife has still an account with the London and South-Western Bank, but I do not think she had any money there. She lost her last £30 in this business, which was only carried on for three weeks.
GEORGE MILLERSHIP (Prisoner, on oath) read a long statement, in which he detailed his relations with Plosky, who was introduced to him with reference to the recipe of a patent medicine he wished to purchase. That transaction led to further negotiations, and they introduced two proprietary medicines which were placed on the market. It was subsequently arranged that Mrs. Annie Plosky should be a partner in the business, and that the prisoner should be given one-half of the profits for hit services, and further that in the event of him being able to pat £100 to Mrs. Plosky's £100 he should become a partner. Plosky stated that although his wife's name appeared in the document be was really at the head of the concern, but Mrs. Plosky's name was used simply as a cover or blind for his very numerous creditors, who otherwise might have made things uncomfortably warm for him. A few days after commencing business he stated his intention of using his wife's maiden name of Krosick instead of Plosky. Prisoner considered himself a servant in a firm with fairly good prospect. Plosky also used the names of Miller and Krosick in his orders and correspondence, the reason for that being, he said, to make the firm appear of more consequence. His own work consisted in the composition of circulars, labels, and advertisements, and the superintendence of the manufacture of goods for the market, the sale of which could have been rapidly increased. The use of the name of the London and South-Western Bank was suggested by Plosky. who justified it on the ground that his wife had an account there. He understood the name "Edco" was
registered. It was arranged that a low parcels of goods should be obtained on credit and sold even at a loss against invoice and Plosky stated his determination to pay all accounts of the Estern Puro Drug Company out of the proceeds of the sale and so to meet currenti expenses and provide money for advertising purposes. As Plosky explained to the magistrate, all the money obtained was wallowed up in expenses. His remuneration was small, but he quite expected a successful issue, when he would be in receipt of a fairly good salary. Agents were appointed 10 sell on commission and a few sales were effected. With regard to the goods sold to Messrs. Beedzler, of Norton Folgate, the younger prisoner was instructed to sell in the name of Fox, as he had heard that Messrs. Beedzler had done business with a man of that name some years ago. It was done to facilitate sales, and he also used his former business name of George Wright and Co. for the same purpose, and he intended to transfer the old business of George Wright and Co. to the Eastern Pure Drug Company. It had transpired that Plosky had since called upon Messrs. Burroughs and Wellcome, he presumed with the intention of incriminating him, but he would unhesitatingly say that if there was any criminality in the matter it appertained to Plosky alone. The younger prisoner had simply sold goods flu commission for Plosky. He had recently left the employment of the Great Eastern Railway Company and was seeking lighter work on account of his delicate health. He had held good references throughout his career. The purchase of the 'International Library' was really a private transaction of the younger prisoner. At the time of 'the arrest he had written giving notice of the change of address, and the one instalment was only a few days overdue. Prisoner also claimed to have conducted a perfectly legitimate business in drugs and chemists' sundries.
JAMES MILLIBSHIP (prisoner, on oath) stated that he was employed by Plosky to sell goods on commission. "Lloyd's International Library" was ordered by him when he was at work at the Great Eastern Railway Works, and he was willing to keep to its terms. He was quite innocent of the other charge.
Verdict, Guilty against both prisoners.
Sergeant MARSHALL. The younger prisoner was employed in the locomotive department of the Great Eastern Works from March 31 to June 22. The entry against him in the company's books was, "Thrown of! through long absence from work" He was previously employed for four years at a bonded tea ware" house. His mother is a school teacher in Warwickshire and is separated from his father, who, in the greater part of 1905, I believe, was in America. The elder prisoner has been under tilt notice of the police for some years. He lived at 187, Vicarage
Road, West Ham, and at 18, Marcus Street, and then gave the name of Dr. Miller. Inquries were made at the Medical Registration Offices and no person of that name was known. In 1896 we had letters of complaint concerning him from Edinburgh and Aberdeen, and he has traded in the West Ham district under various names.
Sentences: George Millership, twenty months' hard labour; James Millership, six months' hard labour.
FOURTH COURT; Friday, September 14.
(Before Judge Lumley Smith.)
WILLIAM SUMMERSKILL . I am a qualified medical practitioner, with both medical and surgical degrees, and practise at Pembroke Gardens. About three years ago & patient came to my place and gave the name of Alice Jones, and desired medical attention. She told me she had a discharge, and that the man she lived with also bad the same, and wanted me to call to see him. I called and saw Tentori on Saturday, December 13. He asked me to treat them, both him and the woman, and said he would pay. After that I attended the two of them for two or three months till they were well. I rendered the account to Tentori, and he did not pay, and I called and saw him. At that time he had a small printing place, and I said, "You had better de me some printing." Then be called one day and said I bad had as much printing as I was entitled to. I said, "Well, in future when you come to me you must pay cash," which they did. The next time I saw them was about two years afterwards. On May 27, 1904, in the night time, I was called down by prisoner and this woman. They were on the steps. She was covered with blood, and had two black eyes, and he was helping her up. He brought her inside, and I plugged her nose. They paid me 2s. cash. I called to see her next morning, and she was soon quite well. Then she called on November 30 last year. She said she had a discharge similar to the one before, so I gave her some powder and some medicine. She paid me each time. A few days after she said the discharge was no better. I said, "Bring a neighbour, and I will examine you." She said she had no friends, and did not want people to know. I then examined her. She was suffering from gonorrhoea. On June 13 she called and said, "I am getting no better." I said, "Are you syringing yourself properly?" She said the syringe
she had before was perished. I said the could get one at the. chemists, and she said, "I have not got the money." I said, "You bad better get some from Tentori." She said, "He hat. not got any money." I said, "It is a bad state to get into, and I will let you have a syringe if you promise to pay for it, 4s.' That was the only time I trusted her. She paid before the end of the month, so I never sent a bill. She was nearly well then. On another occasion she called and gave roe certain details, and said she was certain there was something wrong with her. I said, "I cannot help that," and she went away. Next morning Tentori called, and asked me to put her right I said, "That is an illegal operation, I cannot do anything of that kind." He said, "Give her some medicine." I said, "That is just as bed as. the other, if you give it with intent." He got very excited, and said, "If you do not do something with her, she was here last nigh alone, and we will go to Stratford and get a summons, and we will charge you with criminal assault." I said, "You can do what you like," and they went off. I knew he was a. dangerous character, and I was up there a few days after, and I called to see him. I said, "You threatened to get a summons." Re said, "We have decided to make you pay." I said, "Do what you like," and he said, "You will hear from my solicitor in a day or two." I received a letter from a solicitor in Romford, and referred the matter to my own solicitor. I received the following letter from Tentori, dated March 17: "Referring to your call here on February 5, to see if I would accept your offer to find a home for Miss Jones till after her confinement, for whose condition you admitted you were responsible, as I then informed you, I was taking legal advice in the matter. At my solicitor's advice, I am placing my signed statement of our interviews, Miss Jones' signed statement, and other proofs in the hands of the police authorities at once. I consulted a local doctor, explaining the case, and also told him what Miss Jones stated and signed respecting the instruments you used and the operation you performed on her to try and alter her condition. He did not care to attend her after what you had done, and strongly advised me to take her to Dr. Wright, the divisional police-surgeon at Romford. He said any respectable doctor would have to inform the police of the case, as It was a very serious matter. I am sorry for your wife and children that I am obliged to take this step, but I feel convinced that it is my duty for the public safety to do so.—Yours, etc., George Tentori."
That letter is not here. I never admitted responsibility for Miss Jones' condition, and I never performed an operation on her. On receipt of that letter I went to my solicitor, and he said, "I will take the letter to the police—you cannot take, sction on it, because it has not been published "; and, of course,
I thought I could not. I heard nothing more until my wife got a letter, when I was at Bournemouth. I wrote back to her and said, "Go and see Mr. White and ask him if he has been to the police." On returning home I went to the police with these two letters and my books. I said, "Some proceedings must be taken to stop this man," and they said they would write out some document and I could make an application. I said, "I must have a new solicitor." The new solicitor advised me that, legally speaking, publication did not matter. The police said that Tentori had not been when he said he would, but he had been later.
To the Judge. He was first—that was my solicitor's fan. I wanted him to go and he would not. When I saw the police I learned that some application had been made for a warrant against me for attempting to procure abortion. The police had got from prisoner the powder and found it was not for the purpose that he stated, therefore they declined to take any action in the matter. It was analysed by the expert' at the Home Office. It was the medicine I gave her for gonorrhoea.
Cross-examined. I was first registered in 1888. I was a student at Leeds, and started practice at Leeds. I was there eight years. I have not been married twice. I am married now. I was married about nine years ago; I cannot tell yon the date; at Paddington Registry Office. My wife was a Miss Wilde. I have not got two wives that I know of. Most decidedly she is the only wife I have. My eldest child is eight years of age. I have been charged with being the father of two children other than by my lawful wife. A bastardy summons was issued against me on May 24. At that time I was not contemplating leaving the country. I contemplated going for I voyage to the Cape and back. I went to a specialist in Harley Street, and he advised me to stop work for six months. I had a nervous ailment. I spoke to my partner, and he said he did not want to be left for six months with a locum tenens. There is an action between me and the locum tenens, but judgment has not been given. I sold half the practice to him for £600 and he declined to complete; he would not pay the instalments, and I issued a writ against him. He issued a summons against me and professed to be a locum tenens. My writ against him it pending. About a fortnight or three weeks ago I got a bastardy summons which was issued in 1902. It was only served the other day. I saw the person who issued it in July. It was withdrawn because the child could not be produced. There was no child. I arranged to pay a sum of money per month to the mother if the child was produced. It was £1 a month. I do not deny that I had intercourse with the mother of that child. I have never denied that I might be the father of the child; but there is no child ail the same. There are no other children
that I am paying for. I have never told Dr. Cullom that there was a child for which I was paying at Leech. There was no child born at Leeds of which I was alleged to be the father; it is an absolute lie. I did not attempt to perform an operation on the woman, the mother of the child referred to above, at Hammonds Hotel, Euston Road.
Mr. Overend objected to this matter being gone into, on the ground that when the case came before the Recorder he directed that particulars of justification, giving names and dates, should be delivered to prosecutor, and this matter was not mentioned. Objection allowed.
Cross-examination continued. There is no entry in my book on the first occasion that Alice Jones came to me showing the nature of the disease. I am speaking from memory as to that The next occasion was in May, 1904. I never attended prisoner for ptomaine poisoning. It is not true that I was asked to do so then. On November 30, 1904, she did explain that her condition was brought about by a swing. What I saw was not inconsisient with that. I deny that she came for ointment for a neighbour's child and that I then locked the door and had connection with her. I never had connection with her. I deny that I had connection with her in a chair, or that she told me that I should get her into trouble, or that I said she was not to tell, or that she called on me early in January and said that her periods had not come on, and she feared she was in trouble through what I had done. She mentioned about her periods two or three times through December, is my book shows. On December 1 there is "Jones, Is.," and on the same day, "Jones, 2s." The last entry is another person. I deny that she saw me in January and told me I had got her into trouble, or that I gave her some pills and medicine, or that I gave her medicine for bringing on her periods. I made a charge for the medicine I did give her. (To the Commissioner. I have entered ail the medicines, in the book and the amounts the paid me.) I deny that in January I examined her breasts and private parts and had connection with her, or that I told her I should have to use an instrument, or that I showed her one like that which I should have to use, only larger, or that I tried to insert an instrument which was too large, or that I told her it was necessary to "grease the passage." It is all ridiculous nonsense. The only time I examined her I used the speculum. Fused a piece of cotton wool on the end of the uterine sound; that was at the end of November. That is the proper thing to use. I deny that I told her to come next day when I would have a smaller instrument. I used no instrument in January or February. The uterine sound might produce abortion if it were put into the womb; it would be a very good way of killing the woman. I did not have connection with her on
February 1. I deny that I said it was a case of "kill or cure," or that I said, "Can you lay up for a few days? I should hive to do this two or three times before it takes effect," or that I said if she felt pains in her stomach she was to go to bed and send for me, and that I would take it away, and that I would tell her master she had influenza and must stay in bed a few days. I deny that she said she would do away with herself I deny that on February 2 prisoner told me that she had informed him of what had occurred on the previous night, and that she alleged she was in the family way by me, and that on the previous evening I had had connection with her against her will. He said she had gone to my place by herself the night before, and if I would not do this they would go to Stratford and take out a summons against me. I deny that I said the was a consenting party, or that I said, "I won't say last night, but on the previous occasions she was a consenting party," or that I would get her away to a place where she was not known, and would see her through her trouble. I said, "The best thing you can do is to drop your abortion ideas and go into a home." I deny that I asked prisoner if he would see me the day following, giving as a reason that I did not want my wife to know. I called on the Monday and said, "You have made a threat, have you carried it out?" because I knew witnesses that could be got who knew something about their previous history. On the Monday he said I would hear from his solicitor. He did not say I was not a fit and proper person to act as a doctor, and that my conduct would be brought before the College of Surgeons. I did not say I would carry out my promise and see that she was looked after. I deny that he said he would not leave her to my mercy and that he should consult the police, or that I said I was sorry he should take that step and must await developments. I heard from the police that he bad gone to them. I did not see the statement he, put before them.
Re-examined. Alice Jones when she called on me went into one of the front rooms on the ground floor. The front door is always open during surgery hours. If the woman was assaulted and screamed she could be heard in the kitchen and the waiting-room.
EDITH SUMMERSKILL , wife of Dr. Summerrkill. I reside with my husband at 8, Pembroke Gardens. On May 9, 1906, I received the following letter: "Dear Madame,—I do not know if you are aware of the case against your husband, who nil got Miss Jones in trouble, and whose case I put in the hands of the police. I am aware that he left for South Africa on Monday morning, and stall now take steps to bring the matter before the Royal College of Surgeons and the London College of Physicians, with the view of having him stopped from practising
again as a doctor, as the police inform me I can do. I shall see my solicitor and press the matter forward. Mist Jones, the young woman your husband has ruined, has been in my employ for 91/2 years, and as she has no friends, I have taken the mat/tar up, and intend to see it through. This matter must be very unpleasant, and I assure you you have my sincere sympathy.—Yours respectfully, Geo. Tentori." My husband never went to South Africa. I wrote in reply: "Sir,—I am perfectly well aware of your attempts to blackmail my husband during the past three months, so have pleasure in returning your sincere sympathy for the poor wife whom this person Jones has supplanted.—Edith Summerskill."
Cross-examined. I was married to Dr. Summerskill 10 years ago last July at Paddingtton. There are no older children Who lived with me who call me "mother." I was at home at the end of November and beginning of December, 1905. I went for a week to Yorkshire with my husband. I cannot remember the date when I first heard of any accusations mode against my husband in connection with this girl, except in the letter that prisoner sent. I saw the one written to my husband on March 17. My husband contemplated a trip to South Africa, provided the practice was sold satisfactorily. He thought he would have a sea Voyage before starting practice again. I was not to go with him. I was to stay with the three children. I could not leave three babies to go so far away. When I said in my letter, "I am perfectly well aware of your attempts to blackmail my husband," I meant that prisoner's solicitor had been ringing up to say unless Dr. Summerskill paid up "we will issue a warrant for his arrest"—and there was nothing to pay up for. I knew that prisoner threatened the doctor, as he did not procure abortion for this woman. We could not get to know what the charge against my husband was. They telephoned, "Unless he pays up we will issue a warrant." The message went to the solicitors—they did not telephone us direct I knew all along that the charge was that my husband was the father of this child, but he never acknowledged it. I suppose he denied it when Tentori made the statement in the surgery. He said he would threaten him with being the father of the child unless he procured abortion for Alice Jones—that this woman had been alone with him in the surgery several times. From that date my husband knew what the charge against him was. That was February 2. He denied it then, and he did the same when he was written to. He did not know what the charge was on the telephone. They would not say on the telephone what he was to pay for, and we had to change our solicitor on that score. The words, "The poor wife whom this person has supplanted" in the letter referred to Tentori's wife. Alice Jones was not living in my house. I
knew he had a wife, and that his wife had been away from him 10 or 12 years. I never heard she shot him. I did hear he shot himself and tried to commit suicide. Alice Jones was maid servant to the wife and Tentori, and the wife went away, I heard she was still living with her parents in North London. I cent the letter to my husband at Bournemouth. He was supposed to be in South Africa, but he was in Bournemouth. He was intending to go to Africa on July 7, but it was not definitely settled.
Re-examined. It was an absolute falsehood on May 9 that Dr. Summerskill had gone to Africa. The house we live in is a double-fronted house with one room one side, a waiting-room, and one on the opposite side for a surgery, and it is quite dote to the main road, and the front door remains open the whole of the surgery hours. Myself and three children are about the house, and if any person were assaulted in the surgery her screams could be heard quite easily.
THOMAS GEORGE BARTON , medical practitioner, Chadwell Heath. I have not seen the letter dated March 17, purporting to be written to Dr. Sumraerskill by prisoner. Prisoner called on me some time in April, and wanted me to visit and examine Miss Jones. I asked him what was the nature of the illness, and he told me that an illegal operation had been performed. I advised him, "If what you say is true you had better consult the divisional police surgeon." I did not make any further remarks. It is not true that I stated that "any respectable doctor would inform the police of the case, as it was a very serious matter." I only advised him to see Dr. Wright.
Cross-examined, By going to a divisional-surgeon I meant putting it into the hands of the police.
Miss MAUD HILLS, 43, Kenneth Road, Chadwell Heath. I knew prisoner about five years ago, and Alice Jones. I have been in the habit of visiting them, and I have slept there., I slept in the front bedroom. There was only one bedroom; if there was another one it was always littered up with printed matter. I have only seen one bed, that is in the room I slept in. I slept there with Alice Jones. I noticed her night linen at the fime I used to go and see her. Prisoner slept downstairs, and not with Miss Jones. There was only one bed in the house. On the night I slept there prisoner had to sleep downstairs without a bed.
Cross-examined. I went all over the house. There are three bedrooms altogether, and Alice Jones and I occupied one. To my knowledge prisoner was downstairs. Where he generally slept I do not know.
To the Judge. There was no other bedroom with a bed made up in it.
To Mr. Jones. I have had some trouble myself. I have a child.
ALICE JONES . I am a single woman residing at Romford Workhouse. I was confined in the workhouse of a child three weeks ago yesterday. The father of the child is Dr. William Summerskill. I was for 91/2 years in the service of prisoner as housekeeper. I knew he was a married man and his wife had left him. During the whole time I was with prisoner we never had any intercourse or connection. Nobody else lived in the house. I first knew Dr. Summerskill about a few months after he moved to Seven Kings. I do not know how long he had been there then. I do not remember going to him suffering from a disease. I have never had any disease. I never told him that prisoner four or five years ago was himself suffering from a disease, and that I had caught it from a man at Ilford and given it to Tentori. I never told him so, and it was not the fact. He gave me medicine four or five years ago, and a syringe for the whites. He said he had plenty of girls coming to him for the same affair, and that was nothing. I remember going to him, and that I had a black eye and cut lip. I was knocked down with a swing. I went to him on November 30 to get Tentori's nephew a box of ointment for his head. The surgery door was open, and Dr. Summerskill told me to come in. I went in and he shut the door, and took me by the shoulders over the chair and misconducted himself against my wish. I told him I wanted a box of ointment, as Tentori's nephew, A little boy, had ringworm, and he gave me the ointment, and I asked him how much it was and I paid him. Then he took liberties against my wish. I could not help myself. I said he would get me into trouble. He said it would be all right, and if I was in trouble he could find me a place where I could go. I did not call out. I could not help myself. I was so nervous I did not say anything about this to anyone. The next time I went to Dr. Summerskill in December I was not suffering from a disorder of the private parts. He did not examine me in December with an instrument, and he did not suggest anything about a syringe. I went to the doctor in the second week in January, being in trouble about my periods. I went into the surgery in the evening and saw Dr. Summerskill. No one else was present. I said to him, "Dr. Summerskill, I accuse you of Retting me into trouble." He said, "Are you sure?" I said, "Yes." He did not examine me or feel any part of my body or ask me any questions. He gave me a bottle of medicine and a box of pills and bold me to come back for more when that was finished. I asked him what it would be and he said, "Nothing." I had the money in my pocket at the time. I took the pills and
hey did not have any effect, and he told me to go down again and I went into the surgery, and he asked me if I had seen anything. I said "No," and he said, "Are you sure the child belongs to me?" I said, "Yes," and he said, "Curse it!" He said he had got a tool that was for married women, and he told me to go down the next morning and he would get a smaller one. I went down the next morning. He got me down on the sofa and passed a small tube first and drew that out, then he passed a large one, then he used a long, thin wire with a bit of wadding on it. I did not feel the wire in the to by and he examined my breasts and said he could not see anything. He did not have any connection at that time. Then he gave me some more medicine and asked me if I wanted any more pills, and I said "No, they made me sick." He spoke about greasing the passage on the first occasion. That was the day he passed the instrument. He had connection with me then.
To the Court. I know that I said differently a little while ago. I did not think of it.
To Mr. Jones. This look place in the surgery. After having connection with me on the sofa, he put up the small tube first and then the large tube, and then some wire. Ho gave me some more medicine, and I offered the money, but he would not take it. He used the words, "Kill or cure." He said if I should have any pains in the inside I wan to send down to him. If he was not at home, I was to send down to his partner and tell his partner, and he would give me something to ease the pain, but that if he was there himself he would tell Tentori I had got influenza and was to lie in bed for a few days. There were other doctors nearer than his partner. He paid, whatever came away, if I was to have a neighbour in I was to tell her it was nothing. On February 1 I went down for some more medicine and he took liberties again. I threatened my life in his surgery. He said, "Do not be so silly. Come down on Monday morning, when I will examine you again." I told him I should kill my self. When I got back home I was crying. Prisoner came in and I made the statement to him about the doctor. Next morning, February 2, Tentori and I went to see Dr. Summerskill at half past ten. Tentori accused Dr. Summerskill oi taking liberties with me against my wish. The Doctor said, "I won't say last night, but on the other occasions she was a consenting party." Tentori said to Dr. Summerskill that I was in the family way, and he accused the doctor of it and he admitted it Nothing was said about instruments. Tentori said he would have to tell his people, and Dr. Summerskill said if he did that he would deny it. The Doctor asked Tentori if I could stop at my place another month and Tentori said "Yes." He then said, "I will see what I can do for her. I will get her into a
place where a woman will look after her and be a mother to her.' Tentori said, "No, he would not agree to it." Then Dr. gummerskill said, "Could he come down and tee the master at his place on the Saturday and tee what arrangement he could come to, as be did not want Mrs. Summerskill to know anything about it. The doctor did not come down on the Saturday, but on the Monday morning, and I opened the door. He aaked Tentori what he could do for me, and Tentori said it was out of hit hands. Dr. Summerskill said he would have to wait for further developments. Tentori went to see a solicitor. I did not go with him. I went to the magistrate at Stratford and made a statement in writing. I could not say the date exactly. I lai information against Dr. Summerskill and charged him with being the father of my child. That was May 24.
To the Court All these three acts of connection were against my will He forced me.
Cross-examined. Before I went to live with Tentori I was a servant in Ilford, and I left my place to go to Tentori. I was receiving 1s. 6d. a week, I only took it for a short period. I lived in the house. I gave the other place up because there was too much for me to do. I knew Tentori's people in Ilford. I never saw his wife. I knew he was married. I think I came to Tentori in December. I could not say when she left. I was housekeeper to Tentori. He had no family. He lived by himself. He was keeping a shop. He could not do his business, and see to the shop. I am 28 now. I became his housekeeper by some friends recommending me His people said they had heard a had a good character, and they thought he would have somebody in his place. I was to have 2a. 6d. a week, and there was not much to do. He paid my wages regularly. I could not save anything. Tentori hat always been able to pay me. He gave up the shop and became a printer in a small way. There were two beds in the house, one in the back room, in which I slept, one in the front room, in which prisoner slept. When Miss Hills came the used to sleep with me and prisoner took my bed. There was a bed on which Tentori used to throw printing material, and that was cleared off and I used it to sleep on. I had one pillow on my bed and prisoner one on his. He used to go without one when Miss Hills came to slop. I used to make him up one the best way I could. It did not occur to me to speak to Miss Hills about this matter. I never had anything to do with anybody unless you want to go back to later years I have never gone to Dr. Summerskill for treatment for myself except for a cold; I have not been to him for treatment for any disorderly disease. Before he used the speculum he said he was going to examine me; he said he wanted to see whether I was in the family way. He placed me on the sofa and looked through the tube. I was on my back, and the sofa
was in a recess of the window. He stooped down to look; it was about 11 a.m. I knew he passed the tube because I could see him with the thing in his hand. When he took the wadding off the first wire he threw the wadding in the fire and took another wire. I held the tube while he rattled the wire in the bottle. I did not feel it. On the first occasion when he had connection with me he hurt me, but there was no blood.
To the Court. I don't pretend to say that I was a maid at the time.
To Mr. Overend. I did not call out because I was so unnerved and he was so strong. He forced me down by the shoulders. I tried to push the chair over. I could not battle against his strength. I went to go for the door, and it was locked; he must have locked it as soon as I was in the room. I did not know what to do. I was so unnerved I could not do anything for myself. The front door was open, but I did not know there was anybody in the house. I don't know that there is only a bolt on the door outside. I did not ask him to unlock it. I did not know that it was locked when I went for the door; he pulled me back. I did not know when he had connection with me that the door was locked; for all I knew it was open, and I could have walked out. I did not like to complain that he had committed this assault. I was so unnerved that I did not know what to do. I did not complain to any female. I did not know that prisoner was trying to get money from Dr. Summerskill; I don't know how much his solicitors were told by prisoner. Tentori said he should have to tell his people, so that it should not be put on his shoulders. He was to tell then before anything was said by anybody. I told the doctor that if I gob into trouble I would not have it put on Tentori's shoulden for the world. Dr. Summerskill offered to put me away where a woman would look after me and he would see to the child, bat Teuton had an aversion to this.
To the Court. Dr. Summerskill said that anybody would take a person in who was pregnant, and Tervtori said it, was not a fit place for me to go to. That was Tentori's aversion.
To Mr. Overend. Tentori told Dr. Summerskill that I should have to go to the workhouse; he had no money of his own to pay for me. On the 5th Tentori said, "The matter is to go out of my hands." That was at the end of the conversation. I do not know what was said before. I was in the kitchen and they were in the front room, but I could hear what was said. Dr. Summerskill asked Tentori what he would do for me in getting me away, and prisoner said it was out of his hands. Dr. Summerskill said he would have to wait for developments. Prisoner said it was going into other hands. He did not give any explanation. Dr. Summerskill did not refer to further developments laughingly. I did not hear Dr. Summerskill laugh at all. It
was a serious matter. I went to the Union on June 12, because prisoner could not support me. I would not stop in the condition I was in. Prisoner was not able to help me with money. When we went before the magistrates in Stratford to obtain the order, and before the application was made, I did not write the statement, but Tentori wrote it, and I gave the statement out to him word for word as I was a bad writer. I did not say in that statement that Dr. Summerskill had left, or was about to leave, for South Africa. I am sure I never mentioned South Africa at all. I did not know he was likely to go, and no one told me to.
Re-examined. While I was at Tentori's during the nine years his brother sometimes visited him, and he would sleep with his brother in the front room. I have been in Romford Workhouse since June. Up to that time Tentori was carrying on business as a printer, and as far as I know he is still doing so. I do not know what he hat got. It was not his business to keep anybody else's child. I have not been friendly with Miss Hills for two years. The first time I did not know whether the surgery door was locked or not till after the assault took place. The outer door stood open. When you wanted to to into the surgery you waited in the waiting-room till the doctor called you in. If he has got any patient in the surgery you have to atop in the waiting-room. I do not know whether the doctor rings a bell or not. When I went before the magistrates I made the first statement about all that happened to me, and after that I made another statement when I applied for the summons. When I made the first statement I had not heard he was likely to go to South Africa. Prisoner took down those statements when they were first drawn up with Mr. Mullis in Romford. The statement I made was read over to me, and it was all correct. There was a previous intimacy between me and a young man before I went to Tentori's.
To the Court. There was somebody at Forest Gate that I was acquainted with years ago—it was the jame young gentleman. That was the man I had intercourse with. That is years ago—I could not exactly say how long. I have never had anything since, I am sure. Dr. Bummerskill never attended prisoner. He has been down to the surgery three times. The first occasion was when my accident happened with the swing—then he went down for some ointment for my head, and the Fast occasion was when he went down on February 2. He never was under Dr. Summerskill's treatment for any disease.
To Mr. Jones. Dr. Summerskill did come to see him for ptomaine poisoning. That was a year ago, I think. I sent down for Dr. Summerskill and the doctor saw him, and brought a bottle of medicine for him. I sent Mr. Springhold and Dr.
Summerskill came up to see Tentori. With that exception he never attended him.
(Saturday, September 15.)
Mr. FISH. In 1904 and earlier I was secretary to a Home for Fallen Women, and in connection with my duties in that capacity I came into communication with a woman named Alice Camp.
The Judge. There is nothing in the plea of justification about this, and nothing in the libel about it; you cannot go into it.
GEORGE TENTORI (prisoner, on oath). I live at 18, Railway Street, Chadwell Heath, and my occupation is that to a printer. I am 30 years of age, and married 14 years ago, and lived with my wife for three or four years. I bad no family. My wife left me after she had been with me 31/2 years. The last I saw her or heard of her is seven years ago. After my wife left me I was living in a house at Brent wood. I had a grocery shop there. I was just getting over an accident I have been a master printer since, and am a master printer now. Alice Jones came to me for a situation nine years ago in November or December. I was living in Brent wood, and she came to me as servant while I was in Brentwood. I left there eight years ago, and she has been in my service ever since, and she is the only servant I kepi. She has had her wages paid weekly. During the whole time there has been no relationship between us except that of master and servant, and I have never hid any connection with her in my life, on my oath. We have always occupied separate rooms. There were two rooms at Brentwood. there were two bedrooms at Chadwell Heath, one occupied by me and one by her. I first knew Dr. Summerskill about 41/2 years ago. He came to me about some printing for him for a sick club he was trying to start. I printed 5,000 circulars at 25s., and 1,000 application forms on membership at 7s. 6d., which he paid me for in cash. Previous to that he had not been treating me or rendering me any service, and there was no cross account. He came to me on the recommendation of people I knew. On one occasion I did some bills for him, and I did some advertising matter for him in connection withs business he had at Walthamstow, but I was paid in cash, and the printing was never set off against medical attendance. He has never attended me for gonorrhoea, and I have not had it, and am willing to submit myself to medical examination to prove that. What he says about paying cash for the future is absolutely false. He has attended me on one occasion only, and then he never examined me. One morning Miss Jones opened the door, and he came in and said, "I have come to see your father." I said, "You have come to the wrong place He said, "It is for ptomaine poisoning." I said, "That is me.
I had a bottle of medicine. I have a brother who is living in Ilford; he is a married man, with a family. Towards the end of November or the beginning of December Alice Jones was lent to Dr. Summerskill to get some ointment for my nephew. I did not know the cause of her visit to the doctor's in January, not till the night of February 1. At half past 11 that night, when I got home, I found Alice Jones crying and going on in a most hysterical way. I had a conversation with her. She stated that she was in trouble through Dr. Summerskill. In consequence of what she said I took her to Dr. Summerskill next morning. When I got there Dr. Summerskill came outside and said, "Good morning. What can I do for you?" I told him he knew what I had come down about, and he said, "No, tell me." I told him I called down about a criminal assault he had committed on my servant, Miss Jones. He said, "It was not a criminal assault, she was a consenting party." Miss Jones denied this; then Dr. Summerskill used these words: "I will not say about last night, but on the other occasions she was a consenting party." He asked me not to make the matter public, and not to go to the police, as he did not wish his wife to know. He said that he would get Miss Jones away to a place before her condition was apparent, and he would see her through her confinement if it did not come away before, and he would have the child placed away, and Miss Jones could come back, and no one in tie neighbourhood know anything about it. He also made the remark that she could go to a place where the would have light work to do, and that there were plenty of ladies who did not mind their servants being in the family way. I told him I should consult my people about the matter, but it appeared to me to be a case for police investigation. He begged me not to do so. He said they need know nothing whatever about it. I told him I would go to my relatives after leaving the surgery. (I meant any mother and father.) He asked me not to do so, and then asked me if I would see him if he called on me on the following day, Saturday. I told him he could please himself about it. He stated that all doctors did this, and I told him I was very glad that there were some respectable doctors. Miss Jones was present the whole of the time. I deny that on the Friday I asked him to procure abortion, and that if he did not I would put it on him. Dr. Summerskill did not come on the Saturday but on the Monday, February 5, at 10 o'clock. Miss Jones let him in, and I saw him. He asked me how the case was going on. I said I could tell him nothing whatever about it. I told him the case would be placed in the hands of a solicitor, that I was taking their advice, as I thought it was a case for the police. He begged me to know who this solicitor was, but I did not tell him, and would hold no further conversation with him. I bad not seen Mr.
Mullis. I did not see him till next day. I do not recollect any thing more on the Monday only that he said he was ready to carry out what he offered before with respect to Miss Jones, and I told him it was not likely after the statement he made about ladies taking in servants in the family way that he would be trusted because it thawed his character. When he said he wished to carry out what he promised I told him he was not ft fit and proper man to act as a doctor. I refused to listen any more to him. I saw Mr. Mullis on the following Tuesday at Romford, and they wrote the letter of February 6, 1906. I left the matter in the hands of the solicitors for six weeks, and Miss Jones made a further statement about Dr. Summer—skill having used instruments, and on March 17 I wrote this letter before I went to the police: "On my solicitor's advice I am placing my signed statement of our interviews, with Miss Jones's statement, and other proofs, against you, in the hands of the police authorities at once. I consulted a local doctor explaining the case." The doctor referred to in the letter is Dr. Barton, of Chadwell Heath, who was here yesterday. I went to Dr. Barton on Mr. Mullis's advice. He said, "Any respectable doctor would have to inform the police of the case, as it was a very serious matter." At the time I wrote the letter I honestly believed all that Miss Jones said to me to be true, and I still believe it. No notice was taken of the letter, and there was no reply. On March 21 I went to Ilford Police Station, and saw the station sergeant acting at the time. I took the statements with me, the statement I made and the statement Alice Jones made, and what was said to Dr. Summerskill. I explained that I wrote out both my own statement and that of Miss Jones. I signed mine, and she signed hers. A detective officer was sent to my place the same evening. He saw both Miss Jones and myself, and read out the statements to both of us, and asked us if that was our signature, and informed me I should have to be at Stratford Police Court the next morning. I went there with Miss Jones, and saw some magistrates, and they had these statements handed to them. The result was that owing to the delay in applying for a warrant for Dr. Summerskill's arrest the warrant was not granted, but the magistrates gave me permission to apply again. I was taken by the police officer to Mr. Sharman the next morning, and the matter was left in his hands. A communication was made by the police to the Public Prosecutor, and the police had the medicinewhich Miss Jones had given to her. They came down on the Sunday following the application to the police court, and took away the medicine. I had left two bottles of medicine and one box containing three pills. There was no reply to Sharman's letter for a month, and at the beginning of May there were romours about Dr. Summerskill leaving for South Africa, which I believed, and it was publicly known. I had not seen him myself
about Chadwell Heath or Ilford for several days, and I believed he had gone, and I determined to place the matter before the college of Surgeons and the College of Physicians, and I wrote the letter of May 9 to Airs. Summerskill. I wrote that letter because I thought it only right and proper that Mrs. Summerskill should know about the case if the was ignorant of it then. I received a letter from Mrs. Summerskill, in which she said the was aware of my attempt to blackmail her husband. Then a bastardy summons was issued on May 24, and on June 9 I wrote this further letter: "Sir,—Mist Jones is so far advanced that she will leave here the first thing on Monday morning and be away for her confinement unless other arrangements are Bade between now and Monday evening. When the C.I.D. Inspector came to see me the day he saw the Public Prosecutor respecting this case he gave me report and information with regard to bringing the matter before the Medical Council and having you stopped from practising at a doctor. I have copies of statements, reports of police proceedings, etc., ready for the purpose, and hope to have further evidence to include with time. Of course, if people have reason they will talk, and I and friends have been only too pleased to listen to get information and evidence which may prove useful. I took the matter up on Miss Jones's behalf out of no personal ill-will to you, and only after the admissions and offers you made, as she has no parents to see her through her trouble, and has been in my employ 91/2 years, during which time she has kept herself respectable. You admitted you had got her in trouble and was prepared to do what you could for her and act as a gentleman. If you do not act as a man you must expect to be treated according to your conduct, and I am going to carry this matter to an end in a legal and thorough manner without fear or favour. I gave you fair and straightforward notice of all steps which were being taken in the matter, and you have had proof that I do not bluff, neither can I be bluffed like other people." I got no answer to that letter, and Miss Jones went to the infirmary at Romford. On June 13 I wrote again to Dr. Summerskill: "Mist Jones left here and was admitted as an inmateof the Romford Infirmary yesterday, after going before the guardians and giving them full particulars of the case. I informed them that I was going to place the matter before the Medical Council and alto what steps had already been taken. I did not feel justified in going to the expense of sending her elsewhere to bring your child into the world and having it put right away afterwards. Had you Been a man at all it was your duty to do to in a different way to what you have offered. If Miss Jonet it still in the infirmary on Monday next, I stall forward documents, etc., to the Medical Council. I shall be communicating with Mr. Clarkson, solicitor, of 9, Ironmonger Lane, E.C., in a few days."
Then I had the summons in this matter; it went before the magistrates, and I was commuted for trial.
Cross-examined. It is not correct to say that this woman was in my employment before my wife left me. When she entered my employment she came as my housekeeper. At that time I was not making a decent income as a grocer. I was earning a fair living, not a decent income—not sufficient for my needs. It may have been 30s. to £2 a week. I gave up the grocer's business because I was not satisfied with the income, although it was sufficient to get along upon. It is wrong to say that I gave it up because I was not making a profit. If the grocery business had been profitable I would have continued it. I have never left the house at Chadwell Heath. I am still there, carrying on the business of a printer. I have been pressed for money during the last few months, only since this case came on. I have had railway and other expenses to meet in order to obtain evidence. I have not 'had the solicitor's bill yet. bat I have had to pay cash on account. I have not paid Curridge and Mullis' anything. Before February 5 I was a prosperous man; I am sure of that. I ceased to be prosperous owing to this case. I can hardly say that I have been hard up. There has been a difference in my income this year since this case has been on. I admit that there has been a distress for rent in my house. When I required money for this case I let two or three weeks go by, and the landlord put in a distress, but that was paid out immediately. No one has found any money to pay Mr. Sharman except relatives. I did not know that before or since she came into my service she was guilty of immorality, therefore it was impossible that she could have commaunicated gonorrhoea to me. I have never seen Dr. Summerokill but on one occasion professionally, and that was for ptomaine poisoning. It is not true that I went to his surgery in order to be treated, and any entries that he made in his books to that effect are absolutely false. Jones never said anything to me about her menstrual periods having ceased, and her suspicions this she was in the family way until the night before February 1. I never heard that on the night before February 1 she asked Dr. Sum'merskill to do something to relieve her of the consequeneet of her pregnancy. I did not advise her to ask the doctor. I should have stopped her if I had known she was going to do so. It is not true that when I saw Dr. Summerskill on the following day I asked him to give medicine or perform an operation to prevent the consequences of the pregnancy. It is not true that when he refused I said to him, "I will make you pay for this." I never used those words or anything similar to them. The statement of Dr. Summerskill is absolutely false that when I asked him to do this he refused and I threatened him. It is not true that when he called on me on the 5th he
asked me whether I had carried out any of my threats. He said, "How is the matter going on?" That question had no reference to any threats of mine; it was referring to what he wanted to do for Miss Jones. It had nothing to do with any refusal to procure abortion at my request. He never refused such a thing, and it was never asked. I told Mr. Mullis what Miss Jones had told me about Dr. Summerskill. I also asked him for his advice, and whether he thought it was a case of rape. I did not know the technicalities of law, otherwise I would not have gone to a solicitor. I did not ask the solicitor's advice as to any compensation; it was never mentioned. The only advice that was required was as to whether it was a charge of rape. I know that when a man is charged with rape he is given into custody. I gave no specific instructions for this letter to Dr. Summerskill. I knew that Mr. Mullis had a reply to the letter he had written. I do not know anything about what Mr. Mullis's firm had done: it was left in their hands. If they have done nothing that is how the matter rests. I do not say that between February 7 and March 17 I had not been to Mr. Mullis. I had been going backwards and forwards. I did not know that Dr. Summerskill's solicitor, had required a statement in writing as to what the charge at. They told me a reply had come to their letter, but they did not tell me what it was and I did not ask. On Mr. Mullis's advice I went to the police and consulted Dr. Barton some weeks afterwards. I deny that as I could get nothing from Dr. Summerskill I thought I would put pressure on him by writing to Him that letter of March 17. There never has been any call on Dr. Summerskill for anything. It is false to say I have been after him for money. When he made this offer I refused it on Miss Jones's behalf. He said he would get her into a situation. When he made the statement that there were plenty of ladies who would take a pregnant woman it made me suspicious of him. I was shocked. No respectable woman would take a servant knowing her to be in the family way. I have not heard that as soon as the letter was received by Dr. Summerskill he consulted his solicitors with a view to putting the matter before the police. I changed solicitors because I wanted somebody more energetic in my interests. I told Mr. Sharman all the facts. I did not tell Mr. Sharman to write a letter charging Dr. Summerskill with having committed rape at that time. Mr. Sharman took that course, after knowing that the case had been before the magistrates and the warrant refused. There were rumours going about that Dr. Summerskill had gone to South Africa, and I asked several people whether Dr. Summerskill had been seen. It was the local rumour that he had gone to South Africa. When I wrote to Mrs. Summerskill and said "I am aware that) he left for South Africa on Monday morning," I believed it to be the truth. I
took that simply from information received. I wrote this letter to Mrs. Summerskill because I thought it right and proper that a wife should know how her husband was carrying on, and Dr. Summerskill is notorious down there, of course. It is not true that I have told people of him and caused all the evil. I could say more. I wanted to give the doctor fair and square notice of what I was doing, so that he should not say that I was dirty or underhanded. That is the reason that, having placed my affairs in the hands of Mr. Sharman I still wrote to a person that I should have had no communication with. It may have been an indiscretion to write to Dr. or Mrs. Summerskill, but I looked at it in a different light. I wanted to give them notice so that they could not say I was doing anything underhanded.
GEORGE SERINGEOUR , Detective-Sergeant, K Division. I saw prisoner with Alice Jones. Subsequently some medicine was given me; it was submitted to the Home Office. Their report upon it is that the pills and medicine were perfectly harmless unless administered in large quantities. Prisoner applied to the justices, on a signed statement of himself and Alice Jones, for a warrant, which the justices refused. I subsequently went with him to Mr. Shannan. The statements were left, at the court by the clerk, and the statements are still at the court I asked him for them, and he said he could not find them.
Verdict, Guilty; that the documents were libellous and that they were not justified on the ground of public benefit. The Judge said he considered the libels to be of a very serious character, and thoroughly unjustified, and sentenced prisoner to Three months' imprisonment.
FOURTH COURT; Monday, September 17.
(Before Judge Lumley Smith.)
PERCY BAKER , 208, Vicarage Lane, Stratford, shopkeeper. On August 24 at 9.45 my attention was attracted by the clinking of bottles when I was in the back parlour. I came out, and found prisoner bending over the counter with three cakes of chocolate in his hand. On seeing me he dropped them on the counter. Directly I saw him I recognised his face, and said, "I have repeatedly told you for the past six months to keep out
of this shop,' as I had noticed that several other things had been taken. He said, "Can you assist an old soldier?" I kept him under observation. He went into a second-hand clothier's next door and into a draper's over the road. I gave him into custody. He always had a black bag in his hand, as he had on this occasion.
GEORGE WATSON , P.C. 831 K. On August 24 at 9.45 prosecutor came to me and gave prisoner into charge for stealing 3d. worth of chocolate from. his shop. Prisoner said he had sot taken it, and that he went into the shop for assistance. I took him to the police station, and he made no reply to the charge. On searching him I found five pocket handkerchiefs, four ties, and a P.O. Savings Bank book in the name of Ethel Smith in his possession. The handkerchiefs were new, as were the ties. I have made inquiries about Ethel Smith, and cannot find out anything about her. The book shows a balance of £1 14s.
JOHN SMITH (prisoner, sworn). I was in the shop for three or four minutes. I asked prosecutor if he could assist an old soldier, and he said I was stealing chocolate. I had a camel's hair brush with me that I had in the army, and I had some handkerchiefs. He said I had been continually in the shop for the last six months; it is not six months ago since I was liberated from Brixton Prison. I had been doing 12 calendar months at Brixton, and the pocket-handkerchiefs I have washed with my own hands for three years.
Cross-examined. I stood a foot inside the shop calling out to Mr. Baker with a view to his coming into the shop. I did not touch the bottles as he said, and it is also untrue that three chocolates dropped out of my hand. The chocolate was on the table behind a curtain; you could see through the curtain, t am sure it was chocolate because of the labels. I spoke first and asked for assistance.
To the Court. I did not go into the shop to buy chocolate. I never touched it; if I wanted to touch ft I could have put my hand round the curtain.
P.C. HOCKLEY proved that prisoner was sentenced to 12 months' hard labour on May 24, 1905, for felony, and there were a great many other convictions.
Sentence, Two years' imprisonment.
GUBBINS, Benjamin (33, labourer) , breaking and entering the warehouse of the Odhams' Manure and Chemical Company, Limited, and stealing therein a gun-metal bearing, their property, and feloniously receiving same.
Mr. Coumbe prosecuted.
EDWARD CRAVEN , 22, North Woolwich Road. I was on duty on July 30 at half-past 11 in the engine room, and heared a knocking on the door. I crossed over to see what it was, and on the way I met Gibbs, the gate man. We went to the stores, taking a lamp with us, and burst the door open. We found three men there. I asked them what, they were doing, and they knocked the lamp on the ground and threw some metal at us Before the light was extinguished I recognised prisoner. One of them came at me with a plate, and I put my arm up and it hit me on the head, and they all rushed out. At 2 o'clock I saw prisoner at the police station in charge.
To the Court. I cannot say whether prisoner had been employed by the company, but he is the man I saw.
ALEXANDER GEORGE GIBBS , 148, Beokton Road, watchman. On July 50 I went round the premises at nine o'clock and found everything in order. There is a warehouse at the corner of the block of buildings which overlook the road. The window was not covered up. Later on I received a communication from Craven, and we went to the warehouse. He kicked the door open, and three men were in there. We had one light with us, and I recognised prisoner. I have no doubt about it He had been employed at Odhams' Wharf a day or two now and then. I swear to his identity. He would not know the premises much. When Craven kicked the door open they made a rush at us, and put our light out and got away in the darknem. There was light enough to see the features of the men. I sew prisoner again on July 31 at 2.15 a.m. He was brought in by the police. There was a sack over the window I referred to above, so that we should not see them in there.
To the Court. I am certain I saw prisoner. I knew him before.'
SAMUEL SAVAGE , P.C. 287 E. I was on duty on the night of July 30, and was called to Odhams' Wharf, and received a certain communication. I searched round the outer stables, and found prisoner in a railway van, 30 or 40 yards from the wharf. Prisoner said, "I walked up from Woolwich, I was tired, and I lay down to rest." He was identified almost on the spot. He was not searched till he got to the charge-room. He was not asleep when I found him; he was pretending.
Sergeant POTTER, 633 K. On July 31, in consequence of information received, last witness and I searched the premises. We went to this line of trucks. At the particular part of the warehouse wall opposite the line of trucks there was a low part of the wall. I took one line, and last witness took the other, and he brought him out of the truck. Gibbs and Craven identified ham as one of the men. I examined the premises, and found a sack placed over the window which faced the yard. There was another window on the opposite side; that was
opened from the inside. There were bars across it, but they could pass the gun metal through to Bell Lane. The look was an old-fashioned one, and easy to open with a key. In my opinion that was the way in which entrance was obtained.
H. WOOD, foreman to Odhams' Manure and Chemical Company. On July 30 the warehouse was securely fastened and nobody but the watchman had any right to be on the premises. It contained engineer's fittings and gun-metal bearings of the value of £100, to an easily movable character. After a certain communication I visited the warehouse, and found that a certain number of these bearings were displaced, and there was a window which was covered with a sack, and I found that the door was tampered with. I missed a gun-metal bearing belonging to a pneumatic separator. I am able to speak to its identity because it was for a certain job which was done the week previously. It had been juat purchased for this particular job. It was worth 5s. I found it in the factory, but some distance away from the warehouse adjoining some railway gates.
To the Court. It was on the premises. I would not like to say whether prisoner has been employed by our firm, as we employ a good deal of casual labour.
Prisoner hanaed in the following abatement as hi a defence: On Monday evening, July 30, I went for a walk as for as South Woolwich to see if I could find out where my sister Rosie had moved to. Not ceing, able to find her I walked back again, and when I got between Allendorf a Guano Works and the Alkana Soda Works—there is a siding which runs alongside of these two factories—I saw an empty railway truck and both side doors were down. I got in the truck because I had a glass or two of beer and foolishly spent my lodging money. Another reason was because had got no more money for my lodging. This is the whole truth why it happened. I was found in the empty truck. This said truck was some 50 or 60 yards this side of the firm which Brings ibis charge. Coming from South Woolwich, I had not got as far as their premises. It was about quarter-past eleven when I got into the empty truck. About half-past twelve a police-constable got up in the truck and I woke up. He said, "What are you doing here? I said I had been to Woolwich and that I had a drop of beer. He said, "You will have to come to the office with me." I got up and willingly went to the office with him. I can truthfully say that I had not been on those premises previous to this not before me and the police-constable went up to the once together. I pleaded guilty to being found in the empty truck, but not guilty to the charge of warehouse-breaking, which I am innocent of. I was taken down to North Woolwich Police Station by the police-constable, who had the case of finding me in the empty track; This would be about 1.30. Not one of the witnesses came down
to the police-station, not before some hours afterwards. All the police-constable told his worship was of finding me in the empty railway truck, and that he did not think I had had much beer, and he also told his worship that the empty truck was about 50 yards away from the firm. When the charge came on for hearing I pleaded "Not guilty," as each witness gave his evidence. I was remanded till August 7, and one of the witnesses told his worship that I had worked for the firm, which I absolutely denied, and I told his worship that I had not worked there one minute in my life, which is quite true. I can truthfully say that I am not guilty of the charge or know anything about it whatsoever, only of being found in the empty railway truck. Since I have been detained I have written to my mother asking her if she would kindly send me my sister Rose's address. I have had a reply. The address is 27, Glenside Road, Plumstead. I have the letter in my pocket. I should not have had to walk about all night farad I been able to find my sister out. I was expecting to go to work on the Tuesday night. Verdict, Not guilty.
Verdict, Guilty. Prisoner had been several times convicted of gambling. Sentence: Six weeks' hard labour.
OLD COURT; Monday, September 17.
(Before Mr. Justice Bucknill.)
Mr. Clarke Hall prosecuted.
Verdict, Guilty of attempting to commit the crime. Sentence, 18 months' hard labour.
OLD COURT; Thursday, September 20.
(Before Mr. Recorder.)
Mr. Horace Fenton and Mr. W.H. Thorne prosecuted.
and took 3d. oat of my pocket On a constable coming up prisoner let go of me, and I fell. I law his face as I turned round, and I am certain this is the man. He threw down the 3d., and I picked it up. I suffered very little physical injury.
Cross-examined by prisoner. I did not notice the constable pick up a hat from the ground. I was sober enough to recognise you. although I had been drinking and was a bit muddled.
THOMAS ANDREWS , P.C. 499 K. On this morning I was on duty in Hack Road; prosecutor pasted me about 12.50; he was sober. He had passed me about 30 yards when I saw prisoner and another man run up behind him and push him down; I ran towards them and they ran away; I heard the sound of coin falling. I lost the other man, but caught this prisoner; I am certain he was one of the two men; I did not lose sight of him. He had no cap on at the time.
To Prisoner. I do not say it was you who pushed prosecutor down; I did not say that at the police court Prosecutor did not say when I took you to him, "Is this one of the men?" The cap produced is the one I picked up at the place. I said to you at the time, "Is this your cap?" and you said, "No, my cap is a light one."
Sergeant BARNICOTT, 34 K. I was at the station when prosecutor and prisoner were brought in. Prosecutor, in prisoner's hearing, related the story of the assault, and said he had not lost anything, as he had pioked the, coppers up; prisoner said, "You hear what he says, sergeant" Andrews produced the cap; I said to prisoner, "Is this yours?" He said, "No, mine is a light one." Later on prisoner asked me to go to his wife and ask her to be in court in the morning.
To Prisoner. I was not called at the police court; the solicitor did not think it necessary.
DANIEL LEE (prisoner, on oath). On the night of August 5 I had been lying on the bed reading, and I fell asleep. I woke just after 12; my wife was out; it was all dark; I felt for my cap and could not find it As I was only going to the top of the street to my mother-in-law's, I went out without a cap. My wife was not at her mother's place, and I went on to my brother's house, five or six minutes' walk. I was about six yards away from prosecutor when the constable came up, and said, "Wasn't it you pushed a man down there?" I said, "No, take me back and see." We went to the prosecutor; the policeman said to him, "Is this the man?" He replied, "I do not know; they came behind me and I am not sure."
cap produced is not yours; I think Mary has got yours; I do not know who this belongs to.
MART LEE . Prisoner is not my husband, but he is as good. I live with him. The cap produced is not his. When the sergeant came and showed me it I said it was not the prisoner's. This (producing another cap) Is the one he had on when be went out.
Sergeant BARNICOTT, recalled. I went to last witness and asked her if she would know prisoner's cap. She said. "Certainly." I showed her this cap, and she said at once, "That's his."
Verdict, Guilty. Prisoner confessed to having been convicted, on July 31, 1903, at West Ham Borough Sessions, in the name of Daniel Donovan, and sentenced to two months' hard labour for felony. Police proved thirteen other convictions. Prisoner associated with men who waylay drunken sailors in the vicinity of the docks. The witness Lee, previously to living with prisoner, lived with a man now doing five years' penal servitude. Sentence, five years' penal servitude. [Note. While the Recorder was passing sentence, prisoner interrupted with the request that he might be given "a flogging with the cat-o'-nine-tails and a short term of imprisonment" rather than be sent to penal servitude.]
THIRD COURT; Wednesday, September 12.
(Before the Common Serjeant.)
FOURTH COURT; Thursday, September 13.
(Before Judge Lumley Smith.)