Vol. CXLVI.] [Part 866.
CENTRAL CRIMINAL COURT
HELD DECEMBER 10TH, 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 Monday, December 10th, 1906, and following days.
Before the Right Hon. Sir WILLIAM PURDIE TRELOAR, Bart., LORD MAYOR of the City of London; the Hon. Sir JOHN COMPTON LAWRANCE , Knight, one of the Justices of His Majesty's High Court; Sir J. WHITTAKER ELLIS, Bart., Sir ALFRED J. NEWTON, Bart., Sir JOHN C. BELL, Sir JOSEPH RENALS, Bart., Sir T. VESEY STRONG , Aldermen of the said City; Sir FORREST FULTON, Knight, K.C., Recorder of the said City; FREDERICK ALBERT BOSANQUET , Esq., K.C., Common Serjeant of the said City; and His Honour Judge RENTOUL, K.C., Commissioner, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.
THOMAS BOOR CROSBY, Esq., Alderman
HENRY RIDGE GREENHILL, Esq.
CENTRAL CRIMINAL COURT
TRELOAR, MAYOR. SECOND SESSION.
LONDON AND MIDDLESEX CASES
OLD COURT; Monday, December 10.
(Before the Recorder.)
DAY, Robert (29, painter), DESMOND, Paul (27, painter), MORTON, Thomas (29, scaffolder), and LOWE, Harry (26, bricklayer) pleaded guilty ; to stealing a dressing bag and other articles, the goods of the G.N.R. Company, and feloniously receiving same; Lowe, to stealing a dressing case and other articles, goods of the G.N.R. Company, and feloniously receiving same. Day confessed to a conviction of felony on July 26, 1904, at North London Sessions; Desmond, to a conviction of felony on August 17, 1897, at North London Sessions; Morton, to a conviction of felony on May 31, 1904; Lowe, to a conviction of felony on July 7, 1900, at Middlesex Sessions. Judgment respited till next Session.
WICKS, William (30, carpenter) pleaded guilty ; to breaking and entering the shop of William Jeffrey and steading therein three planes, the goods of George Byard; and three planes, the goods of John Long, and feloniously receiving same; stealing a book, the goods of James Carmichael; a bag and other articles, the goods of Charles Augustus Hadden; and a saw and other articles, the goods of John Snow, and feloniously receiving same; stealing three planes and four saws, the goods of Ernest Poltook, and feloniously receiving same; he also confessed to a conviction of felony on July 20, 1904, in the name of James Alfred Carlton, at South London Sessions. Police proved other previous convictions, and described prisoner as an artful and crafty thief. Sentence, Three years' penal servitude.
CAARTEEN, Bicker (36, clerk) pleaded guilty ; to obtaining by false pretences from John MacRae 6s., 7s. 6d., and 10s., and attempting to obtain from Luke Keen 2s. and goods value 1s. 8d., with intent to defraud; he also confessed to a conviction on June 17 last, at West London Police Court, of obtaining money by false pretences, and the police proved one other conviction. Sentence, Twelve months' hard labour.
Mr. Leycester prosecuted. Mr. Forrest Fulton defended.
JAN KUIPER , chief officer of the s.s. Ijstroom, of the Holland Steam-ship Line, between London and Amsterdam. On October 12 the Ijstroom was lying off Brewer's Quay, near London Bridge; there was on deck a coil of 5 in. white Manilla rope, about 110 fathoms; one end was attached to a barge lying by the vessel, which had been unloading her, the other was coiled in the after part of the deck of the ship. I saw it all safe at 9 p.m. At six a.m. on the 13th I found the rope had been cut and the coil was gone. I gave information to the police. The vessel sailed on the 14th and returned on the 18th. I next saw the rope when prisoner was charged at Mansion House. I identify the five pieces produced. A short time previously some aluminium paint had been spilt over the rope, and I identify the stuff by the stains of that paint.
GEORGE CHARLES JOHNSON , foreman to Robert Hough, marine store dealer, Narrow Street, Ratcliff. I was at Hough's place on October 13. Between 8 and 8.30 a.m. five pieces of white Manilla rope was brought in; it had been placed on the scales when I first saw it. I asked whose rope it was; prisoner was standing a yard and a half from the scale. He said, "Mine." I told the scalesman to weigh up the rope at 14s. per cwt. in the name of Williams. I had known prisoner as a customer for seven or eight years, so I knew his name was Williams. Prisoner heard me tell the scalesman to enter it in the name of Williams. I am sure the rope produced is that which prisoner brought on that morning. This was the only rope of that lot I weighed up that morning.
Cross-examined. The scalesman's book contains only the name Williams, not the address. When Sergeant Heldon came to me on the 16th to inquire about missing rope I turned up the entry in the scalesman's book, and by that I fixed that prisoner was there on the 13th. I went to the police station and identified prisoner among a number of men. I had known him for a number of years, and I had no difficulty in picking him out.
PERCY JAMES PERRYMAN , scalesman at Hough's. On the morning of the 13th I saw this rope on our scale; Johnson was there, and prisoner was standing by the scale; I had known him three or four years before this. Johnson said to me, "Weigh up the rope; Williams is the name." I weighed it, 4 cwt. 3 qr., 14 lb., at 14s. a cwt., and made the entry in my book, with the name Williams. My book then went in the ordinary course to the cashier's office. I have no doubt the rope I refer to is the rope now produced; that is the only lot I weighed up that morning.
Cross-examined. I identified prisoner at the station from among other men; I went to find Williams; I had known him three or four years, and could not mistake him.
ROBERT PERCIVAL WHITE , cashier of Hough's. It is my duty to pay people who bring us goods for sale. I keep two books, a cash dealers' "bought book" and a "cash book." The scalesman's book is brought to me, and from that I make the entries. On October 13 I came on duty at nine a.m.; the scalesman's book was already on my desk, and I made up the entries already there for that morning. This entry I wrongly transferred in my book to the name of Williamson. Some time before 11 o'clock I was at my paying desk when prisoner came up. I had known him at coming to us for some years. He asked for his account. I turned up the entry and saw the name of Williamson. I passed some joking remark to him, saying it must be Williams. I struck out the letters "on." I repeated as I was writing the address, 42, Belgrave Street, E., and he said, "That's right," or he assented. I then paid him the amount, £3 8s. 3d., and he left. He had been to our place, besides this occasion, ten times between August 14 and October 13.
Cross-examined. I keep a book containing the names and addresses of our customers. I did not refer to that in that case. I simply said to prisoner, "Williams, 42, Belgrave Street," and he assented. The name agreed with the scalesman's entry, and I paid the account. I took no receipt for the money. I assumed that the man I was paying was Williams. I had no occasion to remember this incident until Sergeant Heldon called on me. I went to the station and identified prisoner. Of course, I went to see the man I had known for some years.
Sergeant ALBERT HELDON, Thames Police. On October 13 I was informed of the theft of this rope, and proceeded to make inquiries. On the 16th I found it at Hough's. The Ijstroom returned to the Thames on the 18th, and on the 19th I took some of the crew to identify the rope. On the 20th I arrested prisoner at his lodgings at 42, Belgrave Street. I told him I was a police officer and should arrest him for stealing and receiving about 110 fathoms of rope stolen from the Ijstroom between the night of the 12th and the morning of the 13th. He said, "I know nothing about it." I told him he had sold it to Hough's about eight a.m. on the 13th. He said, "Well, I cannot be in bed and sell rope too. I do not know anything about any rope; I have not sold any rope to Hough's for two months." When charged at the station he said, "All right" At the station he was placed with others, and was picked out by three men from Hough's. When packed out he said nothing. Before the Alderman, prisoner, referring to my statement that he had said he had sold no rope said, "I did say I did not sell any, but I did; and I"——then he was stopped and the case was adjourned; at that first hearing he was not represented by a solicitor.
Cross-examined. The statement I last read out does not appear on the depositions. I am sure I am not mistaken. Other witnesses heard prisoner say it also.
Detective FRANCIS HARTLAND, Thames Police. I was present at the Mansion House, and heard prisoner make the statement just deposed to by Heldon.
Cross-examined. I made no note of it; I speak from memory; I am not mistaken; that is the statement he made.
THOMAS JAMES WILLIAMS (prisoner, on oath). This is the first time I have ever been charged with any offence. I am a licensed waterman and lighterman. I was apprenticed to my father, and have been employed by a number of firms. I am a married man, with two children. I am in the habit of buying small parcels of rope and reselling it, and in that way I have dealt with Hough for some time. On October 13 I sold no rope at all. I was not at Hough's on that day. I did not see this rope until it was produced at the police station. I have never sold rope in such large quantities as 100 fathoms. At the Mansion House I did not make the statement spoken to by Heldon and Hartland. On the 13th I did not leave home till nine o'clock. I live next door to a church. When I came out of my door the church clock was striking nine.
Cross-examined. I have known Johnson and Perryman and White for years, and they know me well. I have had no quarrel with them at all. I have no regular time for leaving home in the morning. It is according to the tide. Nine o'clock was not particularly late. I know the Ijstroom. I may have been on board her when I have been working for lightering firms. I left home to look for work. I went to the Regent Pierhead, and remained there about two hours. I met nobody I knew the whole time. There are other people lodging in my house; they may have heard me go out. My wife got up when I did. At the Mansion House the Alderman asked me whether I had anything to say and I said, "No." I did not say another word. What the officers say is all untrue. It is trumped-up evidence on their part. I never saw Heldon or Hartland before this business; I have had no quarrel with them. I had not sold any rope to Hough's for two months previous to this. When White says I was there eleven times between August and October he is wrong; it was not me.
GEORGE CHARLES JOHNSON , recalled. (To the Recorder.) This was not new rope that was brought in on the 13th, but it had been recently cut. I did not ask the man who brought it where he got it from. It was in five pieces. If it had been all in one length I should not have bought it. I did not ask why it had recently been cut.
Verdict, Not guilty.
NEW COURT; Monday, December 10.
(Before the Common Serjeant.)
Mr. Beaumont Morice, who prosecuted, stated that prisoner had given information which had led to the apprehension of two other prisoners (Coates and Martin), who were apprehended while actually engaged in making bad money, and with the implements in their possession. As showing the kind of profit attaching to the making of bad money, he might mention that prisoner had stated that he had been working for these two men for three weeks, and had got rid of £10 worth, and that they made from £5 to £10 a week out of it, so that their operations were developing into somewhat large Proportions.
Prisoner, who has been twice convicted—of stealing and house-breaking—was sentenced to 12 months' hard labour.
COATES, William Thomas (29, painter), and MARTIN, John (25, labourer) pleaded guilty ; of feloniously silvering a certain coin, to wit, a farthing, and altering certain other pieces of coin with intent to make the same resemble certain of the King's current coin called sixpences.
Mr. Beaumont Morice prosecuted.
Prisoners were arrested on information given by the last prisoner, Crandell. Detective-Sergeant Burnham, New Scotland Yard, and another officer, proceeded to Hoxton Market Residences, where prisoners were found occupying themselves with the conversion of farthings into apparent sixpences. Mr. Morice described the process as a recent development in coining. A number of files and vices were found on the premises, and in a bowl in the kitchen were a quantity of farthings, of which the reverse side had been filed, to remove the figure of Britannia. A bowl containing the mixture with which the plating is effected was also discovered. The mixture consists of sulphate of copper, cyanide of potassium, and nitrate of silver, and is applied without apparatus. While Coates was being questioned Martin ran away, but was brought back. Coates has not been previously convicted, and until recently was in respectable employment. Against Martin there were three previous convictions. At Westminster Police Court, three months as a suspected person, in December. 1904; at the Mansion House, nine mouths for warehouse breaking; and last year, at the Central Criminal Court, 12 months for uttering silvered farthings. Sergeant Burnham said that since Martin had been liberated the uttering of silvered farthings had been his occupation, and he believed he was the originator of the device.
Sentences, Coates, 12 months' hard labour; Martin, five years penal servitude.
SCOTT, James, on bail; pleaded guilty to uttering, well knowing the same to be counterfeit, a certain piece of counterfeit coin intended to resemble certain of the King's current coins to wit, a half-sovereign.
Mr. Beaumont Morice prosecuted; Mr. Burnie appeared for prisoner.
Prisoner went to the "Bluecoat Boy" and tendered a gilded sixpence, purporting to be a half-sovereign. He was told it was a wrong one, but shortly afterwards tendered it in the "Champion," Goswell Road, where it was also refused. Prisoner then stated that he had received it in that public-house the previous evening, and at the police court a witness was called to prove that fact. Prisoner has hitherto borne a good character, and was in one employment for 11 years.
Mr. Burnie said he had explained to prisoner that there could be no answer to this case, as he had been warned in the "Bluecoat Boy" that the coin was bad, but he seemed to have had an idea, which was entirely mistaken both in morality and in law, that he might pay it back to the place he got it from.
The Common Serjeant remarked that prisoner having received the coin in part change of a sovereign, this was a very different case from a person going out with a bad coin for the purpose of passing it.
Prisoner was released on his own recognizances in £10 to come up for judgment if called upon.
COLLINGS, Arthur Ernest (23, clerk), and WINNING, Percy (24, merchant); found guilty last Sessions [see page 23] of conspiracy to defraud, obtaining goods by false pretences, and unlawfully obtaining credit, were brought up for sentence.
Detective-Sergeant SARGANT stated that prisoners had in the interval given information which was believed to be genuine and was now under consideration. He had made inquiries as to their characters. "Winning was in the employ of Messrs. Cook, Son, and Co., St. Paul's. from September, 1900, to June, 1901, when he joined the Imperial Yeomanry and served in South Africa. On his return he was for a time employed by Messrs. R. M. Israel, mantle manufacturers, Carter Lane. He had borne a good character, and the people by whom he had been employed spoke well of him. Collings was from 1896 to 1905 employed by Messrs. Tudor and Co., stockbrokers, 29, Threadneedle Street, starting at 10s. a week and rising to 25s. which, with bonuses, brought it up to a fairly good thing. In 1905 he was induced to leave them and embark in this long firm business in Chiswell Street. There was no doubt prisoners had been put up to this. As to the profits, they were not all squandered, but were shared with other people, older hands. Mr. Tudor had been seen, and said that Collings was a very respectable man until that time. Prisoners succeeded in obtaining a considerable quantity of goods—£1,000 as Collings and Co., and £600 or £700 as Winning and Co.
BRUCE WHEELER , managing clerk to Messrs. Tudor and Co. called by prisoner Collings, gave him a good character, and was authorised to state that had there been a vacancy the firm would have taken him back.
WILLIAM BLAKE , manager to R. M. Israel and Co., called by Winning, said prisoner Winning was recommended to them by a representative of Messrs. Cook, Son, and Co., after he had returned from the Yeomanry in June, 1904, and left in March, 1906, and there was no complaint against him. On one occasion Mr. Israel gave him a silver cigarette case for catching two boys thieving.
Sentences: Collings, five months in the second division; and Winning, three months; to run from, last Sessions.
Mr. Eustace Fulton (who, with Mr. J. P. Grain, prosecuted) made application on behalf of Messrs. Livingstone and Co. for the return of some cotton waste consigned to prisoners, purchased by Messrs. Osmond and Matthews, and now in the custody of the police. Since the Sale of Goods Act, the property would only revert on the conviction of these men.
The Common Serjeant. The Act would operate against anybody who was not a bona-fide purchaser. Is there any evidence that the people who bought were not bona-fide purchasers?
Mr. Eustace Fulton. Very little precaution seems to have been taken by Messrs. Osmond and Matthews, who bought this property from prisoners, and they seem to have bought considerably under price.
The Common Serjeant. I cannot deal with that. The former owners, the people who were defrauded, may have a right to recover them. It is not one of those cases which is clear; it is not a case which I have gone into as against the present holders, and therefore I cannot make that order, but must leave Messrs. Livingstone to their civil remedy.
Similar applications made by Mrs. Arrabus and Messrs. Adams and Co. were also refused.
NEW COURT; Tuesday, December 11.
(Before the Common Serjeant.)
Mr. Sands appeared to prosecute.
On November 28 prisoner, entering the Bridewell Police Station, said he wished to give himself up for striking a man with a bar of iron on the head, stating that he was hungry and homeless and desperate. Prosecutor, to whom prisoner was a perfect stranger, was assaulted in the neighbourhood of Villiers Street, Strand, at about a quarter-past 11 at night, and sustained a clean-cut scalp wound above the right ear and a good deal of bruising, but there was no fracture of the skull or injury to the brain. He was attended to at Charing Cross Hospital.
A long list of convictions dating from 1888 was proved, and prisoner when called upon attributed his crimes to hypnotism. Dr. Scott, of Brixton Prison, was, however, of opinion that he was mentally fit to plead, and knew the difference between right and wrong, but was of
opinion that he was a man who, originally of weak mind, having led an irregular life, had, though not irresponsible, lost the power of selfcontrol. Prisoner told him that he had applied for admission to the casual ward, but had been refused, and, having nowhere to go, that had affected his temper. The loss of self-control rendered prisoner a dangerous man.
Sentence, Seven years' penal servitude.
STANTON, Henry James (36, jeweller) and JONES, Harry (30, bricklayer) ; breaking and entering the warehouse of Frederick Bradley and others and stealing therein 683 skins, their property, and feloniously receiving same.
Mr. Burnie and Mr. J. R. C. Lyons prosecuted; Mr. Purcell defended Jones.
JAMES MARSHALL . I am in the employ of Messrs. Thomas Bailey and Company, Limited, of Aldersgate Buildings, leather merchants and fellmongers, of which firm Mr. Frederick Bradley is a member. The prisoner occupies the ground floor and basement of No. 5. I superintend the looking up of the premises, and saw the place locked up on Tuesday, November 6, at six o'clock.
FRANCIS HENRY FORD , manager of Thomas Bailey and Co. On Tuesday. November 6. in consequence of a message, I went to the warehouse at about half-past 10 in the evening. I found that the padlock had beef broken off the inner door, the bar taken off, and the door forced in. The outer door had been left open, as the people upstairs were working late. Seven or eight shelves in the warehouse had been cleared. The skins produced are the property of the firm. They are sheep skins, or skivers, as we call them, and had been prepared for binding and for making various fancy leather goods. The value of them is about £129. At the Guildhall I was shown two other skins, which I identified as the property of the firm.
Cross-examined by Mr. Purcell. The warehouse is some distance down the passage from the street. The door it secured by a bar fitting over a staple, and a padlock, butt there is a mortice lock as well. A jemmy would soon effect an entry. The skins were not rolled up but simply packed upon the shelves.
BRUCE GUNN , labourer, employed by Mr. Harding, 197, Winchester Road, Lower Edmonton. Mr. Harding being at work at No. 7, Aldersgate Buildings, I was there on November 5. Prisoner Jones and another man came up in a van between six and half past. Aldersgate Buildings is a turning with no thoroughfare. Next day, about the same time, Jones again drove up with another man in a van. I could not say whether it was the same man. Jones got out and turned the van round, and then came over and spoke to me. I had a friend with me, and we were waiting for some work from Taylor's. While Jones was talking to me the other man got out and went into Bailey's place, and a few minutes afterwards I saw him come out with some skins on his arm. He then let the tail-board down and put the skins in the van. He returned to No. 5 several times, and came back each
time with an armful of skins. There was a third man inside the building, I saw him through the fanlight, and it seemed as though he came from upstairs. Those two men got into the van and drove away, leaving Jones talking to me. He gave me 2d. to get a drink, and then ran down the street after the van. I have since seen the van in Cambridge Heath Road, on the premises of Mr. Montague, the contractor.
To prisoner Stanton. It was a one-horse van, not a very big one. I could not identify the two men if they were here now. The man who brought the skins out was about your stamp.
Cross-examined by Mr. Purcell. It was raining on the night of November 6, and I was standing for shelter in the doorway of No. 5. Aldersgate Buildings it a narrow lane, and there is room for only one vehicle.
SAMUEL MONTAGUE , jobmaster, Cambridge Health Road. I know the taller prisoner (Jones) by the name of H. Smith. He gave me the address of Pollard Street, Bethnal Green Road. I know him through his having hired a light van. The first time he did so was October 19. He hired it also on October 20, 22, 23, 24, 25, 26, 27, 29, 30, 31, November 1, 2, 5, and 6, stating that he wanted it for laundry work. Sometimes he had the van for two or three hours, but it was generally I daily hiring.
Cross-examined by Mr. Purcell. The vans hired by prisoner were always covered. My name was not on the cover, but painted in one inch letters on the offside in accordance with Parliamentary regulations.
WILLIAM ROBINSON , leather dealer, 5, Slater Street, Brick Lane. On Monday. November 12, when I went, to my shop at about three o'clock in the afternoon I found two skins which had been left by Stanton as a sample of 61 dozen, with a message asking if I could do with them, and saying he would call the next day. Next day, after I had seen the police at my place, Stanton came to the shop and said he could take £30 for the lot, 61 dozen. At first he asked £1 per dozen. He said afterwards he could get them for £30, but would want a little commission. I said I would have them. I asked if I should fetch them, or would he bring them? He said I could fetch them any time after seven from 11, Princes Mansions, Liverpool Road. I went at half-past seven. Stanton was out at the minute, but his wife went and fetched him. I went into the house, and he showed me the skins. I said, "Are you going to get them down?" He said, "I cannot for a, little while. I am waiting for my pal. We went across to the public-house, he saying he thought he might be there. He there said to Jones, "This is the gentleman who is going to buy the skins." Jones said, "Has he seen them?" and Stanton said, "He has been enough of them to give me £28 for them." I believe the value of the skins is about £139. When I came out to load the skins on to the van Stanton said I had better take a trot round for half an hour as he thought they were being watched.
Then I said, "I will wait round the corner in the Holloway Road until you are ready." There was a third man with prisoners in the public-house speaking with them as if he was a companion. He afterwards came to me, where I was waiting with the van, and said the skins could not be got out that night as they were convinced they were being watched, and could I come at nine o'clock in the morning. I did not go the next morning, as I knew the matter was in the hands of the police. I asked, with regard to the skins, "Are these very hot?" He said, "No, you have nothing to fear. Where these came from, I do not suppose they have missed them yet; they have such a stock."
To prisoner Stanton. Before you left the skins I had seen you and told you I could not do with them because I do not deal in skins, but I said you might leave a sample as I might show them to somebody. I did not go to the police. The two skins laid on the counter on the Tuesday morning when the police officer came and asked me if I had had a sample of skins offered for sale. I was not anxious to buy them. I do not buy skins. We have had several transactions in business; little transactions.
To the Court. Stanton told Jones I had seen enough of the skins to give £28 for them. Then, when the third party came to me, while I was waiting outside the stewed eel shop in the Holloway Road, he asked if I was not going to give £20, so Jones and Stanton had reduced the price to him £10.
Cross-examined by Mr. Purcell. On the Tuesday morning Detective-Sergeant Randall, Hodson, and another officer came into the shop. They were searching for the skins and had been to other shops. I made peace with Hodson, if you like to put it that way. It was by the directions of the police that I followed the man on Tuesday.
To the Court. I deal in leather cuttings, and I have a lot of men out searching for them and going to places where they are to be bought. Stanton has found me several lots of waste cuttings. He is out searching for stuff, and a little while ago he found a lot of second-hand harness. All the transactions I have had with him have been all right. I had never bought whole skins of him before.
Mr. Purcell said that in face of the evidence given by the last witness with reference to the statement to Jones that he was the man who was going to buy the skins, he felt it would be needlessly taking up the time of the Court to further contest Jones's guilty complicity, and he had advised his client to plead guilty.
A formal plea of guilty was then entered.
Police-Sergeant WILLIAM DAY, City Police, said he went to Aldersgate Buildings about 7.15, and found the street door of 5 and 6 standing open, the padlock of the door of the wareroom occupied by Bailey and Co. missing, and the door forced open, evidently with a jemmy. A number of skins were lying about on the floor, and he sent for the occupier.
Detective-Sergeant RANDALL HODSON, G Division. On November 13, in company with Detective-Inspector Kidd, I saw the prisoners in Liverpool Road, Holloway. On seeing us they started to walk away. Later in the evening I went to No. 11, Princes Mansions, the address of prisoner Stanton, where he occupies four rooms. In one of the rooms I saw 681 skins produced. About two o'clock on the morning of the 14th Stanton came home with his wife. I told him we were police officers, and had seen a quantity of skins in his room which I had reason to believe had been stolen. I took them into the room, and he said, "I know nothing about them; this is the first time I have seen them. I let this room to a man I do not know. He remained here about three days and has gone away." I told him I was not satisfied with the explanation, at I had heard that he had been offering some of the skins for sale. He said, "I suppose you mean the skins I left with Robinson in Slater Street. I then arrested him on the charge of receiving, and took him to King's Cross Police Station, and subsequently to Moor Lane. He was also charged with breaking.
To prisoner Stanton. The door of the room in which the skins were was not locked. I understand Inspector Kidd gave your wife a shilling to buy food, but I cannot say because of that you were not in a position to buy a quantity of stolen goods.
Detective EDWARD MARRIOTT, City Police, proved the arrest of Jones at midnight on November 15.
Verdict, Stanton, Guilty of receiving. Jones confessed to a conviction of felony, at this Court, in 1898, when he was sentenced to five years' penal servitude for robbery from the person. In 1905 and 1906 he was convicted at Nottingham and Lincoln for loitering and frequenting.
Mr. Purcell said that Jones after his release had endeavoured to earn an honest living, and during the war served in South Africa under the name of H. Saunders, and rose to the rank of sergeant, receiving a medal and five clasps. On his return to England he obtained employment as a bricklayer with Messrs. Maple, of Tottenham Court Road, with whom he remained four years, being then discharged on account of slackness of work.
Detective MARRIOTT said that in consequence of prisoner when arrested having given the name of Jones he had been unable to find out much in his favour. He had left his wife, and was now living with a woman whose husband was recently sent to penal servitude. His identity was only established by means of the finger-print, and the Scotland Yard records stated that Jones was an associate of notorious blackmailers and sodomites.
Mr. Purcell. Who says that?
Witness. The criminal records of the prisoner's finger prints.
Mr. Purcell. This is a novelty.
Witness. It is a novelty, sir, but it is the fact. This is the first time I have heard that he has been in the Army, but I understand
he has a brother in the Army, Corporal Saunders. I should like to add that, in the latter part of last year Jones met a young domestic in the neighbourhood of Dalston. with whom he went home, and the two slept in her master's bed, and in the morning he stole jewellery to the value of £100. Prior to this case we had almost daily complaints of very heavy cases being stolen from the doorways of ware-houses. Prisoner was no doubt connected with these robberies. On one occasion when he returned a hired van he left a jemmy in it, and subsequently went to the jobmasters to get it. Since prisoner had been in custody there had not been a single robbery of this kind. At to Stanton, some years ago he occupied a better position, and was in business for himself as a jeweller, but failed, and gradually went from bad to worse. He took up and associated with thieves, and has been looked upon by the police for some time as a receiver of stolen property. Officers have searched his house on more than one occasion with a view to finding stolen property, and he was convicted at the Mansion House last year and sentenced to 21 days' hard labour as a rogue and vagabond.
Stanton, when called upon, said the police were mistaken in classing him with criminals. The cause of his downfall was his being paralysed, in consequence of which he was in the National Hospital 12 months. Previously to that he had been for 13 years with one firm. He had had to sell up his home to feed his wife and children, of whom he now had seven, one having been brought to him since he had been remanded.
Sentence, each Three years' penal servitude.
Mr. J. R. C. Lyons prosecuted. Mr. Eustace Fulton appeared for prisoner.
Prosecutor, who is a member of the Bar and a J.P. for Surrey, was on November 14 about to get upon a 'bus at the bottom of Fleet Street. He was rather pressed by prisoner and another man, one in front and one behind, and suddenly someone shouted that prisoner had taken his watch, the value of the watch and chain being £50. A carman (Skinner) of the London and Brighton Railway Company, seeing the affair, jumped from his van and caught prisoner, and the property was recovered. There are previous convictions.
Sentence, penal servitude four years.
Mr. Lyons said he had been desired to call attention to the conduct of Skinner, the carman.
The Common Serjeant said Skinner had really procured the restoration of the watch and the apprehension of the prisoner, but, he was sorry to say, that as the indictment merely charged stealing from the person, and not what is called robbery, he had no power to order him a reward from the funds of the Court, but as Skinner was in the
employ of a great railway company, it might be of service to him that it should be publicly stated that the public were much indebted to him, it not being his business to protect other people, except, as everybody was bound to do, by his duty to society. He had no doubt that the police would report the matter to the company.
Mr. Cornes prosecuted.
JOHN CALLAGHAN , fish porter, 101, St. George's Road, E. About midnight of November 24 I was going home along Cable Street when I saw a crowd and two men fighting, Jerry Hannan and a Belgian named Verhagen. A man named James Walsh (prisoner's brother) was also there looking on and urging Jerry Hannan on to fight. The Belgian and Hannan fell to the ground. James Walsh struck the Belgian once or twice. I said, "Do not trouble about him, James. Come home, and let him get up." and I pushed him on one side. He then turned on me and seized me by the neckerchief, and, as we were struggling, prisoner struck me three or four blows in the hip. I found afterwards I had sustained three wounds, and I felt the blood trickling down my leg. I was then taken to the station, and the wounds were attended to.
To Prisoner. I did not see anything in your hand. There was a crowd of 20 or 30 people, but you were the only man who struck me.
To the Court. I broke away from Michael Walsh and ran away from James Walsh. When I found I was stabbed I seized Michael.
JOHN VERHAGEN . On November 24 I was fighting with Jerry Hannan, and, of course, I happened to knock him out. James Walsh then came to kick me, and Callaghan tried to stop him. I then ran down one turning and came up another and saw Callaghan and Jemmy fighting together. Jemmy had a knife in his hand. Michael came up and claimed the knife out of his brother's hand, and I saw him thump the prosecutor two or three times on the thigh. Callaghan got loose from him; that was after he had been stabbed. He did not feel it till he had got ten yards away. Then he shouted out, "I am stabbed. He has stabbed me." Prisoner was sitting down near by and could hear what was said. Prisoner hurt himself. At the fourth blow the knife closed on his hand. He ran and sat down at the side of the pavement and closed the knife up. He had the knife in his right hand.
(Wednesday, December 12.)
JAMES VERHAGEN (recalled). Cross-examined by prisoner. James Walsh had a knife in his hand when he was fighting with Callaghan. It was a clasp-knife and had the blade open, and Callaghan got two cuts on his coat.
By the Court. I never see no constable there till the affair was over, and then one come up. I told him there had been a stabbing affair there.
P.C. WILLIAM NURSE , 484 H. I was on duty near Cable Street on November 25, about 12.10 a.m., when I saw the prosecutor on the ground and the prisoner on top of him. Not knowing the prosecutor was stabbed, I sent him away. While he was walking away I noticed some blood on the prisoner's thumb. He said, "Take me to the hospital, Jim (his brother). I will do two years for that bastard." I went to the prosecutor, and he made a statement to me, and he was taken to the police-station. I saw a knife there.
Detective WILLIAM CRIDLAND, H Division. I arrested the prisoner about three the same morning. I found him in bed at the London Hospital with a cut thumb. I said, "I am going to arrest you for stabbing a man at Watney Street this morning." He said, "We had a fair fight, and I got stabbed as well." I took him to the Shadwell Police Station, and he was charged with his brother James. Prisoner made no reply. James was discharged.
CHARLES GRAHAM GRANT , Divisional Police Surgeon. I examined the prosecutor about 12.30 on November 25. He was suffering from lacerated, penetrating wounds of different kinds—three on the left thigh, outside; the first was 1 1/4 in. deep by 3/4 in. long, in a backward and upward direction. The second was 1 1/2 in. deep by 1/2 in. long. The third wound was 1 1/2 in. deep and 1/2 in. long. The clothing was similarly incised. There was considerable loss of blood. He was sober. An ordinary clasp-knife with a blade 1/2 in. wide would be likely to inflict the wounds. I was called to the prisoner at 4.15 a.m. He was suffering from an incised wound on the back of the right thumb an inch long and about 1/2 in. deep. He was allowed out of the hospital on the understanding that I should be called in to stitch the wound. I stitched it with two stitches. It was that wound that led me to believe that the instrument used was a clasp-knife. It might have caused the wound on prisoner's thumb by shutting on it.
JEREMIAH HANNEN , dock labourer. The Belgian and I were fighting in Cable Street about 20 minutes, when the people parted us. We were fighting fair with our fists. Callaghan came up to me and said he was stabbed. I asked him who stabbed him, and he said he did not know.
Cross-examined. I did not see P.C. Nurse there. I heard prisoner say, "Take me to the hospital," but not "I will do two years for the bastard." The row was over then. I did not see where he was stabbed, nor did I see any blood.
DAVID BURNS , labourer, 106, St. George's Street. I saw Hannen and Verhagen, the Belgian, fighting at the corner of Watney Street and Cable Street. Hannen was on the ground. I picked him up and he went on fighting. Prisoner said he was stabbed in the hand, and showed me his thumb.
public-house between 12 and 1, and were going away to catch a tram when the Belgian interfered with Hannen at the corner of Watney Street, and they had a fair fight. A crowd got round, and I heard prisoner call out, "I am stabbed." I saw his thumb was cut outside and bleeding, and James and I took him to the London Hospital.
Cross-examined. I did not hear prisoner say, "Take me to the hospital, Jim; I will do two years for the bastard." If the P.C. says so it is a lie. He said, "I am stabbed; take me to the hospital." I did not see the prosecutor there.
Prisoner (not on oath). I did not pass such a remark as "Take me to the hospital; I will do two years for the bastard." All I said was, "Take me to the hospital."
Verdict, Guilty. Prisoner confessed to a conviction of felony at the Thames Police Court on June 11, 1900, and three other convictions were proved. Sentence, Three years' penal servitude.
THIRD COURT; Tuesday, December 11.
(Before Judge Rentoul.)
Mr. Clarke Hall prosecuted. Mr. Eustace Fulton defended.
Verdict, Not guilty.
Mr. W. Lort Williams prosecuted. Mr. Pridham Wippell defended.
FREDERICK CHARLES HARDY , first assistant in postcard department to Sandle Brothers, wholesale stationers, Paternoster Row. Prisoner has been a cash customer for two years. He was in our premises on November 24, 1906, and, in consequence of information received, I watched him when he came on November 27. He came in on that day at about 5 p.m. and remained about 20 minutes. He passed up and down the postcard counter, which is about 20 to 30 ft. long, and on which were a number of boxes of glazed picture-postcards of actresses. He gathered a number of cards up, which he placed in the righthand overcoat pocket. I then communicated with Mr. Sandle and asked the prisoner to go into the private room, where there was no stock whatever. Prisoner went into that room, carrying about 12 cards in his hand. Mr. Sandle said, "Are you buying those cards?" He said, "Yes," and handed the 12 cards to Sandle, who put them on the mantelshelf, and said, "I have reason to believe that you have postcards in your possession which you do not intend to pay for, which belong to the firm and which you have taken off our counter." Prisoner hesitated, and Sandle said, "Is it right, or is it not?" Prisoner
nodded his head in assent. Sandle then sent me for a constable, and I returned with a police officer. The 156 cards produced were then on the table. I left the room, but remained outside the door, which was open. Sandle said to the officer, "This man has put those cards on the table," and I distinctly heard the prisoner deny putting the cards on the table. He said, "I did not."
Cross-examined. I am shop assistant on the second floor, where the cards are sold, in a long room, from open boxes on a long counter. The pay desk is on the ground floor and customers select cards, take them to an assistant, who gives them a ticket, sends the parcel down, and the customer pays at the desk. An invoice is given with a discount when the amount is over 5s. If the customer has not enough money to pay he might leave them below done up till the next day. Prisoner has a newspaper shop at 145, Wardour Street, and may sell such cards. I have never known prisoner to select 100 or 200 cards and leave them in that way. His usual purchases were very small—1s. or 1s. 3d.—in my department. When I spoke to prisoner, I said, "Excuse me, sir, do you mind stepping this way?" and he followed me to Sandle's room. Prisoner may be a Frenchman; he understood me perfectly, and I understood him. He gazed up and down the room in a shifty sort of way. I did not say that before the magistrate, but it is the fact. Prisoner denied taking the cards from his overcoat pocket.
Re-examined. Prisoner gathered this quantity of cards and put them in his overcoat pocket. That is not at all a usual custom.
HENRY JAMES SANDLE , of Sandle Bros., stationers, Paternoster Row. On Tuesday. November 27, 1906, prisoner was brought into my private room by the last witness. He had six postcards in his hand, and I said, "Are these the cards you are buying?" He said, "Yes." I then said, "I believe you have other cards in your possession belonging to the firm which you do not intend to pay for." He moved his head and said nothing. I told Hardy to go for a constable. When he had gone the prisoner took the 156 postcards (produced) from the inside pocket of his overcoat and placed them on an empty table. They are of the value of 15s. The constable came, and I told him the circumstances of the case, and that the prisoner had taken the cards from his pocket and put them on the table. Prisoner said he did not take the cards from his pocket and put them on the table. He was then charged.
Cross-examined. I think prisoner thoroughly understood what I said. No conversation took place after Hardy had left to fetch the constable; he produced the cards and put them on the table. I have no doubt about it.
Police-Constable THOMAS BUNN, 350 City. On November 27 I was called to Sandle Bros', establishment, and went into the room where prisoner and Mr. Sandle were. Sandle said, "This man has just taken these 156 cards from his pocket." The cards were on the table. Prisoner said, "It is not true." He was charged, and I took
him to the station, where he was searched, and 6s. Id. was found on him. When the charge was read over by the inspector, prisoner said, "Yes "—nodded his head.
Cross-examined. Sandle said, "The prisoner has just taken those cards from his overcoat pocket," and the prisoner said it was not true—so that he was denying taking the cards from his overcoat pocket. The inspector asked me in the presence of the prisoner if I had taken the cards from his pocket, and I said, "No, I saw them on the table."
ETIENNE LOUIS DESIRET (Prisoner, on oath). I am a Frenchman, and have been in England three yean. For the past 10 months I have kept a shop at 145, Wardour Street, selling papers, postcards, etc. Previously to that I had a similar business at 29, Rathbone Place. I have been in the habit for three years of buying picture postcards at the prosecutors. I was formerly attended by an assistant when selecting cards, but as they have known me for a long time I have been allowed to make my choice. On November 27 I made a selection, took a number of cards in my hand, and put them under my arm with a view to going over them again, and making a final selection of those I wished to purchase. Hardy then came up and said." Will you follow me this way?" I said, "All right," and we went into a room where the gentleman I now know to be Mr. Sandle was. Hardy and Sandle spoke together in their quick way, which I did not understand, and Sandle then spoke to me. I did not understand him. I then understood Sandle to tell Hardy to go for a policeman. After he had left Sandle said, "I think you have postcards in your pockets." I said, "I have no cards in my pockets. Here are your cards," which were under my arm, and threw them on the table. Sandle did not ask me for any explanation, because in a very short time the policeman came in. Sandle then said, "I charge this man to have taken postcards off the counter and put them in his pockets." I said, "That is not true." Sandle, the policeman, and I went to the station. I was charged, and said, "I do not steal any postcards." The 6s. 1d. found upon me was not enough to pay for 156 cards. When I have not money enough it is usual to send the invoice and the packet downstairs, and I leave it with the girl at the desk and call later or the next day and pay. I have done that three or four times. I had been buying other goods that day. The girl at the desk knows me, and I have often brought her coppers. I had no intention to steal the cards.
Cross-examined. I had been there about quarter of an hour. Anyone could have seen the cards under my arm. I put them on the table when I was alone with Sandle. I said to the policeman that I had not them in my pocket. They did not give me the chance to say I was going to buy them. I do not think the policeman is telling the truth when he says I made no reply when charged. I denied it twice—said "It is not true." On Saturday, November 24, I
bought 3s. worth of cards. I have many times bought over 5s. worth, and I have paid as much as £5 for goods there. I have not any of the invoices here. I could not put the 156 cards produced in my overcoat side pocket.
Evidence of good character was given.
Verdict, Guilty. Sentence, Twelve months' hard labour.
KUMBERG, Ernest Othon (48, engineer) ; unlawfully sending two postal packets containing certain photographs, obscene prints, and papers; selling, uttering, and publishing certain wicked, lewd, scandalous, and obscene prints and papers, and obtaining and procuring for the purpose of sale certain obscene prints and papers.
Mr. Muir prosecuted. Mr. Curtis Bennett appeared for prisoner. Sentence, Six months' hard labour.
Mr. Greenfield prosecuted.
JOSEPH BURGESS , City Police. On November 20, 1906. at three a.m., with P.C. Morgan, I saw the prisoners loitering about Houndsditch and kept observation. They were looking into shop windows, and stood for some time at a boot shop, when Stewart took the large stone (produced) from under his coat and threw it with all his force at the window, breaking it in several pieces, Kelly remaining by the window. Stewart took out a boot and threw it on the pavement, took out another pair, replaced them, and was in the act of baking out another pair of boots when they were arrested. Stewart said, "I have had enough of this. I have had two nights of it walking about and nothing to eat. I have had my clothes and boots stolen. What can I do?" At the station Stewart admitted carrying this stone under his coat from the Embankment.
ALFRED STEWART (Prisoner, not on oath). I told the constable I only came out from the infirmary on November 12, and had walked about every night, and for three days from the time of my arrest had nothing in me. I went to a lodging house and had all my clothes and things stolen. I was ashamed to walk about in public. I could not work, being weak from abscess in the groin. I plead guilty to wilful damage. Kelly had nothing to do with it. He was walking with me, being a total stranger to me up to the day of my arrest, and was merely standing on the kerb. He has very defective eyes. I beg in your lordship's mercy to deal with me under the First Offenders Act.
JOHN KELLY (Prisoner, not on oath). I told Stewart to do nothing to the window. I met him at the corner of Houndsditch, and said, "Are you walking about all night?" He said, "Yes," and we walked together. He stopped me at the boot shop, and said, "Have a look at these boots." He pulled a brick from under his coat, and broke the window. I never knew he was going to do it.
Verdict, both Guilty. Kelly confessed to having been convicted of felony at Clerkenwell Sessions, November 18, 1902. Five convictions were proved of larceny and robbery with violence, including two sentences of 18 months.
Sentence, Kelly, Three years' penal servitude; Stewart released on his own recognisances to come up for judgment when called upon.
OLD COURT; Wednesday, December 12.
(Before Mr. Justice Lawrence.)
RAYNOR, Arthur (57, physician) ; feloniously and unlawfully using on Annie Lilian Martin an instrument called a catheter, or an instrument the description of which is unknown, or using certain means which are unknown, with intent to procure her miscarriage. [The Grand Jury had ignored a bill for wilful murder.]
Mr. Bodkin and Mr. Kershaw prosecuted; Mr. Curtis Bennett and Mr. Wing defended.
Verdict, Guilty. Sentence, Three years' penal servitude.
Mr. Charles Mathews and Mr. Bodkin prosecuted; Mr. Doherty defended.
Mr. Mathews invited his lordship to look at the depositions, and to express his view as to whether the prosecution should be proceeded with. Mr. Justice Lawrance said he was decidedly of opinion that this was not a case in which the jury could convict. Mr. Mathews accordingly offered no evidence, and by direction the jury returned a verdict of Not guilty.
BUCHLER, Anthony (18, waiter) pleaded guilty ; to feloniously sending a letter, knowing the contents thereof, to John Bruckner, demanding money of him with menaces, without reasonable or probable cause.
Mr. Torr prosecuted.
Detective-Sergeant HANCOCK said he had ascertained that the prisoner, who was born in Austria, had been employed in London for some months. He was out of work for a fortnight, and then went into the service of Mrs. Nicholson, in Bloomsbury, in whose employment he was when he was arrested. He had been reading a great deal of Socialist literature.
Mrs. NICHOLSON said that prisoner had been in her employment for three months; he bore a very good character, and was the best boy she had ever had. The letter was only a boyish freak. She would take him back into her employment, and she was sure he would not do anything of the kind again. She would become a surety for him.
Prisoner was bound over in his own recognizances and those of Mrs. Nicholson in £10 to come up for judgment if called upon, and in the meantime to be of good behaviour.
LAWES, Thomas (49, porter) pleaded guilty ,; feloniously causing to be received by Ada Emily Lawes a letter, knowing the contents thereof, threatening to kill and murder her; he also confessed to a conviction of felony, at this Court, on April 3, 1905. [This was for wounding his wife with intent to do grievous bodily harm, and the sentence was 12 months' hard labour.]
Sentence, 15 months' hard labour.
THIRD COURT; Wednesday, December 12.
(Before the Common Serjeant.)
WALMSLEY, Percy Harvey (52, no occupation) pleaded guilty to incurring certain debts and liabilities to the amount of £4,367 16s. and £170 13s. 3d. respectively to Arthur Cohen and others; did obtain credit under false pretences and by means of fraud other than false pretences. Sentence, Five months' imprisonment, second division.
GAVIN, Edward Hamilton (26, postman), and RANDALL, John (37, tailor) ; Gavin stealing a post letter containing a postal order for 5s. and one other post letter containing a postal order for 21s., the property of the Postmaster-General, he being employed under the Post Office; Randall feloniously receiving two postal orders for 5s. and 21s. respectively, the property of the Postmaster-General, well knowing them to have been stolen. Gavin pleaded guilty.
Mr. Forster Boulton. M.P., prosecuted.
JOHN HULL , overseer at South-Western District Post Office. I am employed at the Howick Place Post Office, Victoria Street, Westminster. A letter posted in Great Smith Street about four o'clock would come into Gavin's hands for the 6.15 delivery. He is a postman employed at the South-Western District Post Office.
RICHARD AYLMER , clerk to Mason, sporting journalist, 19, Haymarket. All letters for Mr. Mason come to my hands. No letter with an order for 5s. addressed there by Sapsford on November 6 arrived. We use printed addressed envelopes.
ARTHUR DOWNES , Post Office Police. I kept Gavin under observation on November 6. Cartwright was with me—a messenger attached to the G.P.O. I saw Gavin at seven that evening at the top of the Haymarket, speaking to Randall, who was selling newspapers. Gavin
went into the Black Horse at the corner of Jermyn Street and Haymarket. He came out in a few minutes, and Randall joined him, and they went down a passage for a few moments. Gavin then went back to the public-house. Gavin was in uniform, and had just finished his delivery. I followed Randall; he went into a contractor's yard out of the passage. He then went to Charles Street Post Office and took something out of his jacket or coat pocket and went to the public desk. I saw him write, "Charles Street, F. Day" on two postal orders for 5s. each. He presented them at the counter and received 10s. in silver (orders produced). One is the subject of the charge and the other came from Portsmouth. I went up to him and said, "Is your name Day!" He said "Yes." I said, "Are those postal orders yours?" He said, "Yes." I said, "I am a police officer, and I shall detain you while inquiries are made respecting these orders." I then left him in charge of a constable in uniform, and went into the Haymarket, where I saw Gavin standing outside the "Black Horse" public-house. I was present later in the day at an interview between the two prisoners and Compton at the G.P.O. They were charged later. I searched Randall, and found on him 10s. in silver and 2d. or 2 1/2 d. in bronze. When Randall left Gavin he had some newspapers under his arm; he went into the contractor's yard and returned without them. The next morning I saw the fragments of them there. They were old ones.
JOHN COMPTON , clerk in secretary's office, G.P.O. I was in the office when Randall was brought in by Downes. I had been making inquiries about the loss of letters. I believe Gavin came with him in the cab. I saw them separately. I told Randall I had been inquiring into losses and the cashing of postal-orders, and cautioned him. I said, "You fully understand, any answers you make I shall take down, and they may be used against you in another place." He said, "Yes." I showed him the order for 21s., and said, "You cashed this order to-day at the Piccadilly Post Office at two o'clock." It is an order that has been stolen. He said, "A gentleman gave it to me in the Haymarket to-day at two o'clock to cash and gave me 3d. for cashing it." I said, "Do you know the gentleman?" He said, "Only as a customer." I then showed him the two 5s. orders which he had cashed at Charles Street Post Office, and said, "You have cashed these to-night." They were made payable to "F. Day" and receipted "F. Day" in the same handwriting. I said, "Where did you get those two 5s. orders from?" He said, "The same gentleman gave them to me." I said, "Do you see him later on in the evening?" He said, "Yes." I said, "I suppose the gentleman is waiting for you now?" He said, "I suppose so." I said, "What is your real name?" He said, "My name is John Randall" and gave me his address at some lodging-house. I asked him to write his signature, but he said he could not write. I said, "You wrote on these orders to-night," and I think he said, "Not me, governor," or something like that. I then showed him a large number of postal-orders all receipted "Day "—about 70, I think—that
were cashed at every office in the neighbourhood round Charles Street, Bedford Street, and Charing Cross (produced). I ran through them with him. I previously showed him an order cashed the same day signed "Johns." He denied all those orders—both Day's, Johns', and Johnson's. I have examined them all. They are all the same signature. He admitted the ones he cashed that day, then he denied them. I said, "You have just admitted signing these," and he said. "Not me," and then he denied signing any of them. There were also some cheques, but none of them had been negotiated. We have had many complaints about cheques.
AMY CATHERINE DUFF , the wife of Edwin Alexander Duff, 22, Onslow Gardens, Kensington. On November 6 I purchased a postal-order for 21s. (produced). I sent my footman for it to 94, Fulham Road. I retained the counterfoil and sent it in an envelope addressed to the office manager, Haymarket Theatre, by my butler to post. I had no acknowledgment.
WILLIAM HENRY LEVERTON , office manager, Haymarket Theatre. I had a telephone message from Mrs. Duff on November 6 booking two seats, and afterwards a message from her saying she had sent a postal-order and had not had a receipt. I told her I had not received it, nor had I.
JOHN CAMERON , assistant inspector of messengers. G.P.O., S.W. district. I know Miss Leverton. I received instructions from a clerk in the office to follow Gavin from the counter at 2.10. He went into Wells Street and then into the "Three Crowns" public-house, where he stopped about three minutes. There was a postman with him that I do not know. I think his number is 810 S.W. [Gavin stood up.] That is he. I followed them into Regent Street, and Randall went into the branch office, No. 21. Gavin stood at the corner of Regent Street and Jermyn Street. Randall came out and joined Gavin, and they went across Regent Street into Jermyn Street towards the Haymarket.
JOHN RANDALL (prisoner, not on oath) said he did not deny cashing the orders, but they were given him by Gavin; that he was trying hard for work, and left the Army with a good character after 12 years' service; that he tried in vain to get employment, and had to take to selling newspapers; Gavin asked him to cash the orders. and that he gave him a drink for doing so; that be made no secret of it, and did it in the presence of everyone, and did not know they were stolen; that he asked Gavin why he did not cash them himself, and he said." It looks so bad for a postman to go in and cash them," and he said, "All right." It was the first time he had been in trouble.
Mr. Boulton stated it was true that Randall had served in the Army (60th South African Rifles), and went through the siege of Ladysmith. Gavin had been in the service of the Post Office for some 11 years.
Sentences, Gavin, 15 months' hard labour; Randall, Six months' hard labour.
Mr. Clarke Hall prosecuted; Mr. Fitch defended.
The jury, by the direction of the Court, returned a verdict of Not Guilty.
FOURTH COURT; Wednesday, December 12.
(Before Judge Rentoul.)
NEVILLE, George (52, confectioner), and LOWE, George (52, baker) ; conspiring and agreeing together to defraud of their goods such liege subjects of His Majesty as they should thereafter induce to supply goods to them on credit; obtaining by false pretences from Nestle and Anglo-Swiss Condensed Milk Company, Limited, one case of bar chocolate and one case of block chocolate, with intent to defraud. Similar counts as to other firms. In incurring a certain debt and liability to the amount of £13 9s. to the Brilliant Sign Company, Limited, obtaining credit under false pretences and by means of fraud other than false pretences. Neville, in incurring a certain debt and liability to the amount of £33 18s. 1d. to James Keiller and Son, Limited, obtaining credit under false pretences and by means of fraud other than false pretences. Both obtaining by false pretences from Robert Walter Cockman the sum of £35, with intent to defraud.
Mr. Muir, Mr. Arthur Gill, and Mr. S. J. Oddee prosecuted. Mr. Martin O'Connor defended Lowe.
THOMAS WILLIAM FORMAN , timber merchant, Walnut Tree Walk. I am the freeholder of 188, High Street, Peckham, which, in August, 1905, had been vacant since Lady Day. The premises had been formerly used as a baker's shop by Hutton, who had been there a considerable time. He removed to his other shop, 112, Rye Lane. Prisoners called on me in August, 1905. Neville asked me the lowest rent, and I let it to him for 7, 14, or 21 years by lease produced, witnessed by Lowe, at £65 a year, the first payment to be made on September 22, and with a covenant that the oven should not be used without, my written consent. No rent has been paid. Lowe took no part in the conversation. On October 11 I wrote Neville threatening to put the brokers in, and in the course of that day I heard that the prisoners were arrested.
Cross-examined by Neville. I did not know of your arrest when I wrote the letter of October 11. It was arranged that you were to
pay rent on September 22. I do not profess to be a good landlord, but to get as much as I can out of it. I do not know when you took possession; you had the key on signing the lease. It was pointed out that the oven was out of repair. I know you were in treaty with my solicitor about permission to repair and use the oven. Nothing was said to me about paying part of the expenses. There were no gas fittings; you had them put up by someone you have not paid. There were some shelves and a counter in the shop.
Cross-examined by Mr. O'Connor. This shop had been used for very many years as a baker's. My solicitor wrote me on September 18 that they were repairing the oven, and they wanted permission to use it. Hutton gave up the shop because I raised the rent. It was not because it was not a good baker's business—it was a splendid business.
Re-examined. Hutton's other strop is five minutes' walk away from this shop, and of course he would take his connection with him. The lease was executed on August 29 at a yearly rent of £65. payable monthly, the first payment to be made on September 22, so that when I wrote the letter of October 11 the rent was 19 days overdue.
To Mr. O'Connor. Hutton was carrying on business in both shop us a baker.
DAVID SAVAGE , employed by Podmore and Co., 33, Charles Street, Hatton Garden, gas engineers. On August 30, 1906, Lowe came to see me, and said he was opening a shop in Peckham which had been a bakers shop for many years, and he required some outside lamp. Our traveller called and received an order far three outside lamps, £9 10s., some inside fittings, and a brass rail, amounting altogether to £25. Lowe told me he had taken the premises from Mr. Forman, and that he was negotiating for the freehold, and that he was a man of means. I believed it was a genuine firm, carried out the work, and have never been paid. After four applications I issued a writ. I have known the premises for 20 years as a baker's shop.
Cross-examined by Mr. O'Connor. I have known it as a very good business for many years. There was a very poor show when I went there. I have known the premises for 40 Years, and at least two fortunes have been made out of the place, but it was conducted in a proper way and by a competent baker. An immense business could have been done had they been good bakers and honest men. I think the goods they had were supplied simply as a blind. £15 a day might have been taken there by the right people.
Cross-examined by Neville. I do not know if there were gas fittings in the shop when I took the order.
GEORGE TAYLOR , shopman to Woodbridge, Hill Street, Peckham, printer. On September 3, 1906, both prisoners called and ordered cards and memos. to be printed, "Lowe and Co., bakers, flour dealers, refreshment contractors. Ye Olde Pastry Shoppe, 188, High Street, Peckham. Established 1735. Wedding breakfasts, dinner parties, balls, etc., catered for."
FREDERICK JOHN KERNOW , manager to James Hunt, Atalanta Street, Fulham, printer. We had a stall at the Bakers' Exhibition, Islington, and received orders in September, 1906, from Lowe and Co. for cards, memos., and invoices printed in two colours (produced), amounting to £5 6s., which has not been paid.
Cross-examined by Neville. I went to the police in consequence of information I received. I believe I had transactions with you 12 months before. I never saw either of the prisoners before I saw them at the police court.
Re-examined. The person I had the transaction with 12 months before I believe was Neville. He had a baker's shop in Lambeth Walk. I went there to serve him with a summons, but could never see him.
ROBERT TANN , safe maker, London Fields. On September 13, 1906, my firm had a stall at the Confectioners' Exhibition. The prisoners were there and Lowe bought a sale and handed me the card produced and said his was the oldest-established firm in Peckham. Believing his statements, I sold him a sale for £14, cash on delivery, and sent it by my carman. I have never been paid. On September 20 I called at 188, High Street and saw both prisoners. Lowe gave me an acceptance at 28 days. He said he had had heavy payments to make to his millers, had had to put a new roof to the place, that the oven had fallen in, and that those things had taken all his ready money. I took the bill, passed it through the bank, and it was returned marked, "No account" It matured alter they were in custody. I went to see Lowe after receiving the bill, as he had told me not to negotiate or discount the bill till I had heard from him, as he was transferring his account to the London and County Bank, Newington branch. He then told me the account had been transferred, and there would be plenty of money in the bank to meet it when it matured. It matured after the prisoners were in custody, and was returned marked "No account."
Cross-examined by Neville. I saw you in the shop, asked for Lowe, you told me he would be in in a few minutes, and I saw him shortly afterwards.
, Cross-examined by Mr. O'Connor. I am positive I sold the safe for cash on delivery, and I told my carman to use his own discretion about leaving it. He left it, as he thought there was a good business being done. He told me the shop was fitted fairly well, but that he saw very little custom. I was at the shop twice, for half an hour and 10 minutes; I saw no business done whatever while I was there.
Re-examined. I had no idea there was no baking being done on the premises. Lowe told me he was paying large sums to his millers, and that he was putting in a new oven. I was certainly misled with regard to the banking account, as I quite anticipated the account would be transferred on the Monday.
WALTER LAMBERT , secretary to the Brilliant Sign Company, Limited, 38, Gray's Inn-Road. On September 18, 1906, in reply to a letter signed Lowe and Co., I went to 188. High Street, Peckham, saw both the prisoners, and received an order for some signs, a large facia,
lettering on the window, a store-plate, mirrors, etc. They subsequently asked us to send in details and price, which we did, and were instructed to go on with the work. We did the work in about two or three weeks, and made the mirrors, but when we delivered those the place was in the possession of the police and the mirrors were brought back. We received no payment. Prisoners told me they wanted the work done particularly quickly; they showed me their letter heading and wrote the memo. having the heading, "Established 1735." They told me they were very anxious to keep up the old appearance of the premises. The lettering was to be in an old character, which was carried out. The work was purely decorative.
RALPH SMITH , of H. Smith and Son, oven builders, College Street, Lambeth. On September 20, 1906, prisoners ordered me to repair the oven at 188, High Street, Peckham. Neville told me that when the work was completed there would be our cheque. We did work to the value of £15 1s. 3d., the oven being ready for use on September 23; made repeated applications, but have not been paid.
ALFRED ABBOTT , baker, 78, Peckham Rye. On August 30, 1906, Lowe called on me and asked if I would serve him with bread and cakes. I said I would. He brought his partner up in the evening and they gave the order. He said the oven was out of repair, they could not bake, and so they were going to buy their stuff and would I supply them. At first I agreed to give a month's credit, but after considering the matter I told them I could only give them a week, which they agreed to. On Saturday, after delivering the goods, I took my account to Lowe, and he asked if I would leave it to the following Wednesday or Thursday. I called on Wednesday and Thursday. He was out, but he called at my place at 10 p.m. and left a cheque for £5. When arranging he gave me as references Neville, Lambeth Walk, and Kendall, of the Premium Stamp Company, High Street, Peckham. I saw Kendall personally after delivering goods, and he said, "If I were you I should not let it go over £5." Lowe made the payment of £5 on September 13, and I supplied him with further goods to the amount of £10 2s., when I stopped delivering. I called several times for payment; he kept putting me off with excuses, saying they had spent so much on the fittings and asking me to wait a little longer. I put the account in the hands of Messrs. Fuller and Partridge to collect, but got no money.
Cross-examined by Neville. I saw you in the evening after terms were arranged with Lowe. I think I should have sent in the goods if I had not seen you. I did not know your name when he gave me "Neville" as a reference. Someone called on you for me, but could not see you. I have seen customers going in and out of the shop, and was satisfied the goods were being sold bona fide over the counter. I thought the shop would be a success, and said so. The shop was clean and fitted with the necessary things for a baker.
Cross-examined by Mr. O'Connor. I have done business with the firm Rendall manages for, but did not know him personally. I think a big business could have been done at the shop if properly
worked. I know the previous tenant had a good reputation and did a large trade.
Re-examined. Neville's address was given as Lambeth Walk. I did not know it was the partner.
DAVID CALDREWOOD The younger, 178, Camberwell Road, baker. Lowe called on me about September 20, 1906, and said: "I am a baker like yourself, and I am in trouble. I want to know if you can help me out of it?" I said, "Yes. What is it you want?" He said, "I want to know if you will bake for me for a day or two." I agreed, and he gave me an order for what he wanted delivered the next morning. His said his oven had fallen in and he was having it repaired and would be able to bake himself by Sunday. He gave me paper (produced) containing the name of Stanley S. Rendall, 61, High Street, Peckham, as a reference. I saw someone at Rendall's office three days alter sending in goods. I continued to supply Lowe with bread and pastry to Saturday, September 29, when I saw Lowe and Neville at the shop about payment. Lowe took me into the back parlour and afterwards fetched Neville in. They began to thank me for what I had done. I said, "Well, I have not come for that, I have had a lot of that before. I want some money." Neville said, "That is just what is troubling us. We have not got it. Of course, you see, all these alterations and buying things have run away with all our ready cash, but I am going to make a suggestion to you "—this was on the Tuesday. I had called on the Saturday and Monday without getting paid. Neville made the suggestion in Lowe's presence. He said, "We have a large stock in the place, and I am going to ask you if you will take a few bags of flour to pay you. Your account is only's small one." I said, "Very well. I do not mind. Of course, anything I take away I shall allow full market value for. What is it you have? He said, "Households flour." I said, "Very good. I am paying 21s. 6d., I will allow you 22s. for it." That was my price, as I had bought larger than they had. On the following day sight sacks of flour were sent. They also sent a lot of odds and ends—new round and square baking tins, a flour sifter, 10 bags of Household flour, one bag of Damian flour, three bags of Burmerine, one bag flour, John Bull bread improver, a new ledger, and other things which I took. My bill was £9 9s., and against that I set eight sacks of Mark Mayhew flour at 22s.—£8 16s., leaving a balance of 13s. I did not know that no baking had been done on the premises. When I took the first payment out in flour, I said, "I will supply you, but it will be cash on delivery in future," which they agreed to, and they paid for three days. I instructed my carman not to leave anything there without the money. On Monday, October 8, he was given a bag of flour marked "Spiller and Baker," value 12a. 6d., against my bill of 18s. I then wired Spiller and Baker. On the following day I had delivered to me two more bags of Spiller and Baker's flour. Mr. Taplin, of Spiller and Baker, came and saw his flour delivered at my place. I saw prisoners at their shop; they told me they had come
to an arrangement to dissolve partnership, and Neville wanted me to buy his share of the stock. There was 25 bags of Spiller and Baker's flour, for which he asked me £9 or £11—I forget which. I agreed for the time being. Taplin was then outside. That would be about 17s. or 18s. a sack. Taplin then wrote letter produced in my name offering £5 for the 25 bags of flour.
Cross-examined by Neville. You showed me a lot of flour—about 40 bags all told. I did not offer to take it; that suggestion came from you. I thought it was very rood of you to let me have it. It did not look like the act of a swindler to let me have the flour if you were dissolving partnership. It did not strike me as fishy for you to let me have the eight sacks to settle the account I offered to take flour and charge for baking. I am Chairman of the Bakers' Association. I knew the shop was an old-fashioned shop and had done good trade, and it might do thirty-five sacks a week in the hands of the right people. Doing that trade the shop might be worth about £600. On October 10 my father was engaged to bake, and I promised Lowe to come up and see the bread. There was a little furniture in the place and children playing about. I saw the bread, and pronounced it the best loaf of bread in Peckham. Lowe told me he had engaged my father to bake, that he had ordered 5.000 handbills, and that he was going to make the shop worth £1,000 as a good and bona fide over-the-counter business. So far as I could see, it was genuine.
Cross-examined by Mr. O'Connor. Prisoners had been for some time trying to arrange terms with my father to bake; they eventually agreed with him, and he started. My father is one of the most expert bakers in Peckham. In my opinion, had my father continued with them they might have done a thoroughly good business.
Re-examined. In the hands of the right people it could have been made a good business. £11 for 25 bags of flour was considerably under invoice price. When they offered that I thought it was fishy. I knew the flour had been delivered the day previous, and they were selling it to me at a ridiculous price, and my suspicions were aroused, and I thought it my duty to communicate with Spiller and Baker.
HENRY ERNEST RODDICK , managing director of Mark Mayhew, Limited. On September 21, 1906, I received by telephone a sample order from Lowe and Company for ten bags Standard flour, which was delivered on September 23 and charged at 23s. a sack, or 11s. 6d. a bag. Our ordinary trade terms are a month's credit, but from information received we thought it best to take steps at once, and instructed our solicitor on October 5 to demand immediate payment for the amount, £5 15s. On October 8 I laid the information against prisoners at Lambeth Police Court.
Cross-examined by Neville. I was not told that the order had been handed in at the exhibition and that the telephone message was a reminder. We had a stall at the exhibition and gave refreshments, whisky and cigars away.
Cross-examined by Mr. O'Connor. Bakers would make a gross profit of 10s. to 15s. per sack, and, deducting expenses, there would be a net profit of about 25 per cent. We offered an allowance of cash of 6d. a sack off the 23s.
FRANCIS THOMAS NEWMAN , traveller to Mark Mayhew, Limited. On October 19 I called at 188, High Street, Peckham, and saw Neville. I asked for Lowe, and Neville said he was not at home; he always went out, but would be back at 6 p.m. I said, "Is Mr. Lowe the man who is responsible for the ordering of this flour?" He said, "Yes," and I told him I would return at 6 p.m., which I did, and was told by the shop girl that neither Lowe nor the gentleman I had seen were in. I got into my cab, drove on a little, and then returned on foot, when I saw Lowe standing in the shop.
Cross-examined by Neville. I am absolutely certain I saw Lowe in the shop about ten minutes after I called. I did not go in to see him as I felt confident that I was being deceived. I did not expect to get the money, but was trying to get information to go to the police. I believe the police came to us first, and I was assisting them to find out what they wanted to know.
Cross-examined by Mr. O'Connor. I believe what first gave rise to the police action was the removal of goods. We knew our own stuff had left the premises.
GEORGE FREDERICK TAPLIN , traveller to Spiller and Baker, Limited. On October 3 I called at 168, High Street, Peckham, and received from Lowe an order for 200 sacks of fine flour at 23s. 6d. a sack and on October 5 20 sacks, that is 40 bags, were delivered and invoiced at £23 10s. I saw customers in the shop and believed a genuine business was being done. We were not paid. I received a telegram from Caldrewood on October 9 and went to him. He showed me two bags of our in "Fine" flour marked Spiller and Baker. I wrote letter (produced) to Lowe and Co., and October 13 went to Peckham Police Station and saw 37 bags of our "Fine" flour.
Cross-examined by Neville. My object in writing the letter of October 9 was to see how much I could save my firm, acting on the advice of our solicitors. My object was to find out whether you were straightforward or not, and I thought that was about the easiest way of doing it.
Cross-examined by Mr. O'Connor, The shop looked like a place where a genuine business was being carried one—most decidedly.
Re-examined. Anyone looking at the exterior of the shop could not ascertain there was no oven downstairs.
JOHANNES GROSELL , 64, St. Ann's Road, Bow, baker. On September 25. 1906, I received a letter from Lowe and Co. offering if I would buy the fixtures I could have the shop. I saw the prisoners at 188. High Street, Peckham, and went over the place. I asked what they wanted for the fixtures, and they said they would leave it
to a later date. I said I would come up on Sunday, and I never went.
Cross-examined by Neville. I was not in a fit condition to do business. Osmond told me I might be able to buy the shop. Osmond was outside when I called, and we afterwards went to a public-house, when Osmond was turned out.
Cross-examined by Mr. O'Connor. I was offered the business before prisoners had it, and when I went after it they were in.
DAVID DYKES CALDREWOOD . I was employed by prisoners to bake for them, and did one lot of four bushels three quarterns the day before the police took possession, October 10. I used no patent mixtures—only flour, salt, and yeast. The oven had not been used, and I cleaned it out and warmed it up. It had been newly done up.
Cross-examined by Neville. Lowe engaged me. I saw you when I went, to the shop. I saw no patent mixtures there. When I went I knew that you and Lowe were dissolving partnership, and I signed as witness the document produced.
Cross-examined by Mr. O'Connor. I was engaged at 28s. a week, with board and residence. In my opinion there could have been good business done there; it was a good shop, and I intended to remain as foreman baker. Baking is a profitable business. You could not make 30 per cent. net profit if the flour used is good.
Re-examined. I was four days with the prisoners. I was paid nothing, besides which, I lent Lowe 2a. 1d.
ROBERT DOUGLAS COLQUHOUN , secretary to Petrolite, Limited, lamp manufacturers. My firm had a stand at the Bakers' Exhibition. On September 28 prisoners inspected our goods, and ordered three lamps and accessories at £4 19s., which were delivered at 188, High Street. We have never been paid. I have since seen the lamps in the hands of the police.
FRANK GIDDINGS , "Duke of Cambridge," Mansion House Street. About October 9 I delivered to the police two lamps I had received from Neville, who had given me them as a present. I knew him as a customer and had lent him money. I did not know the value of them. It was simply a gift for kindness. I have lent him as much as £50, and he has paid me back so much at a time.
EDGAR BROWN , manager to John F. Remschel, Limited, manufacturers and importers. My firm had a stall at the Bakers' Exhibition. On September 10 the prisoners went round the stand with me, and ordered 1/2 cwt. Marzipan at 92s., 28 lb. fig gelatine at 10d., and 7 lb. of chocolate at Is. 8d., which were delivered. The invoice produced is our invoice, but the amount has been altered from £4 8s. 6d. to £4 18s. 6d. When I saw the prisoners they gave me their card, produced, and referred me to Rendall, of 62, High Street, Peckham. We have not been paid.
Cross-examined by Neville. My conversation was with you, and I believe you handed one the card. They are not goods that would be sold in a confectioners' shop. The Marzipan could not be sold as it was. It is very unusual to sell it with, a little added sugar.
Cross-examined by Mr. O'Connor. The alteration made in the invoice would be against the interest of prisoners. It would show they had had more goods than were delivered.
Re-examined. The alteration would show that the Marzipan is more valuable than it is.
ALFRED WARD , trading as Smith, Ward, and Co., Bolingbroke Works, Wandsworth Road. On September 10 Lowe visited my stand at the Bakers' Exhibition, handed me card produced, and ordered 3 cwt. of a bread-improver called Nutteflavo. He said he was doing about 18 to 20 sacks a week, and I estimated he would use about 1 cwt. of the improver every eight or 10 weeks. I believed what he said, and that he had a genuine business, and agreed to carry out the order. Our terms are monthly or seven days with 5 per cent. discount. I cannot say there was anything definitely settled as regards payment; 1 cwt. wm delivered, for which I have not been paid. My invoice produced for £4 4s. 4d. has been altered into £4 14s. 4d.
HENRY BAKER , clerk to F. Bowen, 16, Jewry Street, chemist. In consequence of an order received from Neville at the Bakers' Exhibition, we supplied Vegetine to the value of 20s. It is a cocoa butter substitute for cooking purposes. Our invoice produced has been altered from £1 to £1 10s. We have not been paid.
LORAINE GEORGE CHAPMAN , traveller to the Lucerne Anglo-Swiss Milk Chocolate Company, Limited. We had a stall at the Bakers' Exhibition. On September 11 prisoners ordered a quantity of chocolate, which has been supplied and not paid for.
FRANK SAUNDERS , clerk to Nestle's and Anglo-Swiss Condensed Milk Company. We supplied chocolate to Lowe and Co. value £4 19s. 9d. which has not been paid. I afterwards identified a portion of the goods at the police station.
ALBERT CUTHBERT , of Ingram and Royle, Limited, Upper Thames Street. We had a stand at the Bakers' Exhibition, received order from Lowe and Co., and supplied mineral waters to the value of £2 3s., and have not been paid.
EDWARD HARVEY , traveller to Portway and Son. My firm had a stall at the Bakers' Exhibition, and on September 11 Neville gave me an order for a portable oven. He gave me card produced, and said he was doing a large catering trade. Believing I was dealing with a genuine firm, the oven of the value of £24 was delivered. We have rot been paid, and I have identified the oven at the police court.
Cross-examined by Neville. I sent the order on to the firm. I suppose they could have pleased themselves about delivering it. I did not forward the card.
GEORGE HAY , secretary to Ivimy, Limited. At the Grocers' Exhibition I received order (produced) from a traveller on behalf of Lowe and Co. for 120 lb. of tea at 1s. 3d., amounting to £7 10s. Believing I was dealing with a genuine firm, carrying on a genuine business, the tea was delivered, and has not been paid for. I identified a chest containing 60 lb. of tea at the police station, value £3 15s. On the invoice
I find, "Discount can only be allowed provided the amount be paid within seven days, otherwise strictly net."
Cross-examined by Neville. That does not mean "one month credit." Our terms are cash. It means if you do not adhere to the terms you lose the discount, but we do not give you the choice.
Cross-examined by Mr. O'Connor. The goods were despatched to Lowe and Co. on October 5.
JOHN WILLIAM DAVIS , secretary to B. W. M. Specialities, Limited Tooley Street. We had a stall at the Exhibition, and supplied 144 packets of self-raising flour and 72 packets of corn flour, to the value of £2 14s. to prisoners at seven days' cash, which have not been paid for. I afterwards saw at the police station a portion of it to the value of £2 8s. 7d.
Cross-examined by Neville. We did not ask for references. Our representative said this was an old-established business. We took it from the card.
WALTER LODGE , traveller to Oliver Fernando and Co., Limited, importers. Our firm had a stall at the Bakers' Exhibition, where I saw Neville. He gave me a card like that (produced), and believing it to be a genuine business I supplied sweets to the value of £3 14s. 8d., which has not been paid. In November I saw £2 16s. worth of the goods at the police station.
Cross-examined by Mr. O'Connor. The goods were delivered on October 6 at 2 1/2 per cent. discount if paid in seven days.
Mr. O'Connor submitted that evidence could not be given against Lowe as to the taking of a house in 1904, he not being associated with Neville. How could that be evidence of a conspiracy occurring between August and October, 1906?
Mr. Gill stated that in a number of cases of obtaining goods reference was given to Rendall, of 61, High-street. Rendall was acquainted with the dealing with the Temperance Hotel, and therefore gave a false reference. Objection overruled. Reference was given to S. S. Randall. 5, Dundalk Road, Brockkey, and I received a reply stating that he had known William Spencer as a tenant for years as a straightforward man. I then let the hotel to prisoner Lowe, and he took possession. A man named Blatchford acted for him as manager. I have since seen Blatchford at Lambeth Police Court, and he gave the name of Rendle.
SAMUEL STANLEY RENDLE , 47, Finch Road, Bromley, and 61, High Street, Peckham. I have known Lowe four or five years as Lowe. I knew him in the name of Spencer when he went to Aldershot in 1904. I wrote the letter (produced) signed S. S. Rendall. The landlord wrote to me in that name. Lowe had asked me to give him a reference. He said he was going to take the name of Spencer on account of some family troubles. He asked me to go with my wife to manage the hotel in the name of Blatchford. We went, and remained about two months at the landlord's request after Spencer
(Lowe) left. Lowe remained till about a fortnight before Christmas. He told me he was going away because a writ had been issued against him. The writ was from Tolley, a grocer, who had supplied goods. I knew he had other liabilities. I only know Neville by his being introduced to me at Peckham by Lowe when they took the shop.
Cross-examined by Neville. I never saw you before that in my life.
Cross-examined by Mr. O'Connor. The only time Lowe told me he had given my name as reference was in connection with the Aldershot hotel. He told me he was carrying on the business at Peckham, and I have been to the shop. One or two persons asked me about the 188, High Street business. I simply told them that I knew him—as regards his business I would not be responsible for it. I told Abbott not to trust him for more than £5. Lowe told me what to say in the reference I gave about the hotel. I did not write it alone and unassisted. I believe Lowe had been always running an hotel or restaurant. My firm supplied him with furniture, and I had called on him. When I went to Aldershot I was out of work. He asked me to go down with my wife to manage the hotel. Lowe dictated the reference to me.
Re-examined. Abbott and one or two others made inquiries. I did not tell them Lowe had taken an hotel at Aldershot in the name of Spencer, and gone away leaving debts unpaid.
(Thursday, December 13.)
WILLIAM HARRY PULLINGER , carpenter, Windermere, Bagshot. In October, 1904, I was in business at Aldershot. I knew Lowe as Spencer, landlord of the Temperance Hotel. He gave me an order to do fitting up and decoration work, which I did to the amount of £52 15s. 5 1/2 d. Through not being paid I was put in difficulties.
Cross-examined by Mr. O'Connor. Foulden, the owner of the hotel, did not agree to pay for the work, or any part of it. Spencer (Lowe) told me when the work was done the owner was going to pay half the expense. I wrote to the owner, and he said, "Certainly not."
ALBERT GEORGE TOLLEY , grocer, 302, High Street. Aldershot. I knew Lowe as Spencer at the end of 1904, and supplied him with £80 worth of goods. I received nothing. I put the bailiffs in, but there were no effects.
Cross-examined by Mr. O'Connor. My bailiff advised me there was nothing to levy on. I do not think the landlord's bailiff was in at the time. There was furniture there, but the bailiff advised me it was cr. the hire system.
ELIZABETH ANN WILLIAMS , wife of David Williams, Royal Arms, Aldershot. I knew Lowe as Spencer two years ago. He came with some cards, told me he was going to open the Temperance Hotel, and I used to send people there who wanted refreshments. Later on he came and told me he wished to sell the hotel, and offered it to me at £50. I found the furniture and effects did not belong to him, so I did not accept the offer.
Cross-examined by Neville. I never saw you until I came into Court.
GEORGE ROBERT MILLER . 43. St. George's Road, Leyton, traveller to James Keiller and Sons, Limited. I received an order from Neville for goods to the amount of £33 18s. 1d., to be delivered at 127, Lambeth Walk. The amount was never paid. In March I took steps to find Neville. On March 31 I received a letter from Neville stating that owing to a fire which happened at his sister's shop he wished to ask me to leave my account until my next journey. I saw nothing at all of him after that.
Cross-examined by Neville. On February 22, 1906, I received from you £6 18s. 6d. I last saw you towards the end of February. Before that you paid a bill of £12 5s. 11d. Your first transactions were paid by cheque and were at 38, Lambeth Walk. You told me you had removed to No. 127. I have called at 38 and seen you since then. I was told you were a lodger there. I wrote to you there several times. The first bill was paid when you were opening the shop at No. 127, and I took a further order from you.
Re-examined. I had a letter in April. I have since called at 38. Lambeth Walk, and could not find Neville, and I then told my firm to drop it; it was no good wasting good money over bad.
ROBERT WALTER COCKMAN , 25A, Ebbsworth Street, Honor Oak Park, clerk in the South-Eastern and Chatham Railway. In August, 1906, I saw advertisement (produced) in "Daily Chronicle ": "Confectionery, teas, etc. High-class. Situate near three lovely parks; trams, 'bus, and rail. Beautifully fitted; splendid trade neglected. Nine fine rooms. Rent let off. Price £75; part may remain. Rare chance for ladies or small family seeking living for little toil. Sound reasons for selling.—Apply on premises, 121, Newington Green Road." My wife went to look at it, and I afterwards went. I saw Neville and a man named Jackson, whom I identify as Lowe. Neville said the business was a good one, taking £10, £12, and £14 weekly, and it could easily be doubled. He said he would not have sold, but he had a domestic or family row with some of his people, and that was the absolute reason why he was selling. I asked for some documents proving the trade. He said he could not show me any because his domestic relation had burnt all the documents because she did not wish him to sell the business, as it was a good one. There was a broken pane of glass, and Neville's personal appearance led me to believe there had been a serious domestic row. He said there had been a fearful row, and when I looked at his eye and the broken pane of glass and the dilapidated appearance of things, it seemed to me he would be very heartily glad to get out of it. I was speaking to Neville in the back parlour, and Jackson (Lowe) was in the back of the shop, and could easily hear what was said. I believed the statements made by Neville, and agreed to take over the premises at £75. On August 11 I paid £5 deposit and had a receipt from Neville: "Received from Mr. Cockman the sum of £5 as deposit on £75 for goodwill, stock, fittings, and utensils of shop, 121. Newington Green
Road." I paid £35 further on August 17. On that day I moved in. My furniture was delayed, and Neville, Lowe, and myself were waiting, and before I paid the money Neville said that he had also had another offer from another man. He said, "I think I gave the letter to Jackson." Jackson (Lowe) said "Yes," and pulled out a letter and read it and advised me strongly to have it. I had not paid the money when Lowe made that remark. It made me feel very comfortable about the business. Lowe said it was a very good business. Neville told me that Jackson was a lodger, and that he (Neville) would take four rooms of me, as the rent was heavy, at £1 a week for a period of 12 months. As the rent was £75, that only left £25 a year for me to pay, and I saw my way very clearly. Upon that I paid the balance of £35, and gave Neville two bills for £17 10s. each, payable in three months. I naturally thought I could easily do that. The tenancy agreement was assigned to me by the landlord. I read the agreement carefully. I did not notice that, according to the agreement, Neville had no fittings or fixtures. The receipt contains the words, "for goodwill, stock, fittings, and fixtures." My wife came in the next day, the 18th, and we stayed there 10 or 12 days. I found it was an utter fraud, that we did not take £2 a week. We got no rent from Jackson; after four or five days he removed with his wife and child while I was away at business. There was furniture on the premises, and when I got home one night it had gone—piano and everything. I did not get a farthing of rent from Neville. I went to the landlord and said I could not pay £75 a year rent, and he released me on the proviso that I gave up everything, fittings, goodwill, stock—all that I had bought. In about 10 days I gave up everything to get the agreement cancelled. All I had in return for my £40 was about £2.
Cross-examined by Neville. The shop was not beautifully fitted. It was fitted as a sweet shop generally is, a glass case, counter, two small pairs of scales, and that kind of thing. Still, it was a taking shop—at least, I unfortunately thought so. I took your word that there had been a row, and that you had sound reasons for selling. I saw you had a black eye and the broken window. Jackson read that a man had offered £50 for it. My wife told me that a lady behind the counter calling herself a manageress said she had £1 a week wages, and if I bought would I kindly keep her on as it was a splendid business, and she did not want to leave her situation. My wife liked the look of the shop. When I came you showed me the downstairs premises, and I said I thought I could put a bagatelle table in the basement. You did not say with that I should have no difficulty in taking £15 a week. You mentioned the takings without my saying a word. You said you had taken £10 and up to £14 in a week. I did not look to have the fixtures; I bought the goodwill, fittings, and stock. When reading the tenancy agreement I found you had not been there long. You signed a document, guaranteeing the rent for a year. I do not think the tea-room looked very tasty; it seemed very bare of everything; there was a table, a piano, oilcloth, and, a
chair or two—but I did not purchase any of that stuff. We went to a public-house while waiting for the furniture for two or three hours. I do not know what a shop would be worth taking £14 a week. I know I paid you £40 cash for nothing. You undertook to renew one of the bills if it was not paid. I saw it was such, a huge swindle that I gave up everything to get the agreement cancelled.
Cross-examined by Mr. O'Connor. Neville's tenancy agreement was assigned to me. I made no inquiries. Had I inquired next door should not have taken the business. I believed the man and I took his word and the word of the manageress behind the counter. I had the fittings. I did not trouble about the fixtures much. I bought the shop for the trade it was supposed to do. Lowe was the lodger. He seemed to be Neville's business companion all through the matter. He muttered "Very good business" at intervals. I agreed to take the place when I paid 10s. deposit the first time I went there. My wife was influenced by the appearance of the shop. She had never had one before, neither had I. It was upon her impression chiefly that the shop was taken.
Re-examined. Neville said the shop had taken £12 to £14 a week, and could easily take much more, and he was taking £10 or over himself. I never saw the fellow after I had paid him the money; he left no address. I knew nothing of his removal to 188, High Street, Peckham.
ROSINA COCKMAN , wife of the last witness. I saw advertisement (produced) in the "Daily Chronicle" with reference to the shop at 121. Newington Green Road, went to see it, and afterwards took my husband, and he agreed to take it. We took possession on August 17, opened the next day, and remained to the end of August. The shop was open altogether about 10 days, and the total amount we took was £2 4s.
Cross-examined by Neville. It was the kind of shop I wanted and I meant to have it if everything was all right. We should have made the lower room into a tea-room, but there was no trade. You volunteered to come and show me various things which you never did, of course. The stock you had was not fit for sale. I did sell one box, and it was a perfect fraud, with a lot of tinfoil underneath and just a layer of sweets on the top. Every box in the window was the same. You said you had them in fresh from the firm the day before.
WILLIAM PERRIN , agent to the landlord of 121, Newington Green Road. On July 5, 1906, I let the premises to Neville at £70 per annum under agreement produced. I also sold him stock and utensils on the premises for £5. He had the stock of sweets, bottles, shop chairs, and two or three marble-top tables. The shop had been vacant since June 24. We took the stock, etc., from the tenant, who had got 2 1/2, quarters in arrear. On August 15 I agreed to the assignment of Neville's agreement to Cockman. I afterwards agreed to its cancellation and retook possession of what stock was on the premises—tables, chairs, and utensils, which were sold for £2. We afterwards let the place to a fishmonger, and were obliged to clear the stuff out.
Cross-examined. In addition to the stock, etc., there were two mirrors, a large show-case, and gas fittings. I looked upon them as fixtures. The shop blind never belonged to the tenant it has always been a part of the premises. There was a blind inside. I should describe the shop as well fitted in an ordinary way—certainly not beautifully fitted. You did not tell me what you had taken. You wrote me that you had had some family trouble. and that was the reason of your wishing to dispose of the business. You told me that the person you had put in to manage was continually the worse for drink. The last tenants were there four or five years, and paid £90 rent. They tried to sell it for £100. We allowed them the amount of rent due in return for the stock, etc. I suppose if the shop was to be fitted up as it was fitted it would cost between £30 and £40. There was a water fountain with a marble base. I received a letter from you enclosing a bill, which I sent to Cockman. No doubt I gave him your address.
Cross-examined by Mr. O'Connor. A good confectioner's business of £10 or £15 a week could have been carried on with a proper stock and proper management. I doubt if the previous tenant took £15 a week. They were not very competent; they were honest, upright people and good tenants; they were not business people; they were ladies.
Re-examined. The previous tenants had been trying to sell the business for six months without success. What Neville bought was "the whole of the stock and utensils now in or upon the premises, 121, Newington Green Road, but exclusive of the shop fixtures." That is the receipt; there is nothing about fittings. There are other fittings in the house, Venetian blinds, and so on. The fixtures were the glass doors, showcase, mirror, window brackets, and things of that kind. [To Neville.] There was a large stock of paper bags—£9 worth possibly.
PHILLIP ABRAHAMSON , manager, Highbury Furnishing Company. Neville purchased from us on the hire system £42 12s. 2d. worth of furniture, which was delivered at 121, Newington Green Road. We received 30s. on his signing the agreement and a further 30s. on August 27. In September we found all the goods had been removed and that Neville had gone. There is a clause in the agreement requiring our authority in writing before the goods are removed, which was not given. We traced some of the goods to 188, High Street, Peckham, by our own inquiries. We had received no intimation of removal.
Cross-examined by Neville. We took nothing from Newington Green Road. We found some at Peckham, and some was given to us by a woman in the Caledonian Road. We got nothing at Lambeth Walk. We got all the items except a few, which are still missing. We received from you two sums of 30s.; the third payment was not due.
Re-examined. We have still not received back the glass out of a dressing chest, value 7s. 6d., a lady's easy chair, £1 12s.; a small
chair, 12s. 6d.; and a set of fire irons, 5s.; about £3 15s. in all. We had great expense and trouble in finding the goods.
FRANK GIDDINGS . recalled. In February, 1906, I bought of Neville 100 to 120 boxes of Keiller's chocolates. He owed me money, and I took them against the debt for £15. Receipt (produced) I believe to be Neville's writing: "October 11, 1906—Received from Mr. Perry the sum of £20 for 25 bags Spiller and Bakers flour, half chest of tea, 3 1/2 dozen bottles of cordials, and a job lot of sweets," etc. Cheque of Perry for £15 (produced) was cashed by me for Neville on October 11. 1906.
Cross-examined by Neville. I did not notice that the goods you sold me were soiled. I took the goods as I thought of going into business in confectionery. I have lent you money for the last 15 months and up to £50 without interest. I think you failed because you had a bad partner in the person supposed to be your wife—she was always drunk; that was the reason you gained a certain amount of my sympathy. I know Mrs. Stevens had a confectioner's shop in Southwark Bridge Road and had a fire. The stock I bought may have come from there. In September you asked me for a £20 loan when in the Peckham shop. I examined the accounts, and advised you to dissolve partnership, and I refused to make the loan.
Police Constable ERNEST BROCK, Criminal Investigation Department On October 6 I kept special observation on 188, High Street, Peckham, and saw flour delivered by Spiller and Baker's van. On October 10 I saw 16 bags of flour put in a van which I followed to 54. Chester Street, Kennington, where it was unloaded. The van returned to 188, High Street, and took more flour, boxes, and other goods again to 54, Chester Street. Neville loaded the van. Terry lived at 54, Chester Street.
Inspector FRANK KNELL. L Division. On October 11, at 9 p.m., I went to 54. Chester Street, with Detective-Sergeant Holford. We saw Terry; he pointed out certain bags of flour, boxes, and other goods, and we took him into custody under a warrant we held. He was charged before the magistrate, gave evidence, and the case against him was dismissed.
Detective-Sergeant HENRY HOLFORD. P Division. On October 11 with Inspector Knell I arrested Neville at 127, Lambeth Walk. He said, "I expected this. You know, Lowe was getting too hot for me; I dissolved partnership yesterday." I was afterwards present at the arrest of Terry, and have a list of the goods found at 54, Chester Street: 24 bags Spiller and Baker flour; half chest of tea, marked "Ivimey, Limited"; 21 boxes of sweets; 15 2 1b. boxes of Nestle's chocolate in a case; six dozen bottles of ginger ale in a case marked Fry and Son; 19 bottles of lemon squash and lime juice; case containing three boxes of Lucerna chocolate; some gelatine. I after
wards took possession of a Portway oven at Terry's premises in Kennington Park Road. All these articles have been identified by witnesses who have been called.
ERNEST HAIG . On October 11, at 9.15 p.m., I went to 188, High Street, Peckham, and arrested Lowe in the shop parlour. I told him I was a police officer, and held a warrant for his arrest for being concerned with Neville and another man in committing frauds and conspiracy. Lowe said, "This is all through Neville—why have I got to put up with it all? He has got half the stuff; we have dissolved partnership. I guessed this would be the result. Neville has, done this for me. I said, "He is in custody" and Lowe said, "Oh, that is all right, I don't mind now." I made a search of the premises and found 13 bags Spiller and Baker's flour, two new kneading troughs, a Temple proving oven, etc. [List of articles read.] I only found 13 bags and some half-quartern packets of flour. There ware no books of any kind; no Nutteflavor or Vegetine. I found a large number of unpaid invoices to Lowe and Co., 188, High Street, Peckham, amounting in total to £284 16s. 10d., the earliest date of such bills being September 2, 1906, and the latest October 10, the day before the arrest. There was very little furniture indeed in the house—a parlour and a bedroom had a few things in them, and in another bedroom some children were sleeping on the floor on an old mattress. Some furniture was removed in a plain van shortly before the arrest.
Inspector EDWARD BADCOCK, B Division. I was present at the police court on November 3. Receipt produced of October 11 from Neville to Terry was handed to me by Mrs. Neville.
GEORGE NEVILLE (prisoner, not on oath). I had not seen Lowe in my life until June, 1906, when he bought a small business for £15 from me. I bought the stock and utensils at Newington Green Road for £5, and put my wife in it, keeping on my own business. I did very well in it for a week or two, and took very nearly £10 in the shop. Then my unfortunate wife got under the influence of drink. Lowe meantime had sold hit business, and I asked him to buy the shop as a speculation. He offered to live on the premises for a short time and he would try and make an offer. At the end of a week he offered me £40. £20 down and the rest by instalments, which I refused, Beyond that the man had nothing to do with it. The shop at 188, High Street, Peckham, was known to me two years before. The rent was £80 a year, and I refused to have anything to do with it, but at this time I put it before Lowe, and it was then that we arranged to take the shop with the little money he had, and I put stock in from Lambeth Walk. About £40 was put in altogether. Shortly after the Bakers' and Grocers' Exhibition was advertised, and a traveller called and gave Lowe some tickets, with which we went. We were solicited to buy, and it was a difficulty to
get out of the place without giving an order, and we bought a number of things. Then Lowe and I could not agree about the takings in the shop. I could see no returns coming in for the goods that were sold over the counter. There were some bills we had to meet, and I went to my friend Giddings, who has lent me money from time to time, and I have paid him hundreds of pounds back, and I asked him to come and go through the books, but he refused to lend me money then, so I let Caldrewood have the flour to meet his bill. Lowe then agreed to dissolve partnership. I left him all the utensils necessary for the business, he undertook the liabilities, and I took out some of the stock and the oven for my share. I sold to Terry stock for £20, which has been valued at £22 7s. 8d. With regard to the 121, Newington Green Road shop, if that business had been taking £15 a week it would have been worth £200, and been a cheap place at that. Nothing was said about the takings to Cockman, but Mrs. Cockman spoke of putting up a billiard table downstairs, and I told them then they would take £15 a week or more. With regard to the shop in High Street, Peckham. I say there is no better shop in Peckham, and if Lowe had been allowed to stay there he would not only have paid the debts incurred there, but have made money. It is quite true he could not pay in the time allowed to him, 'but every tradesman knows perfectly well that dealers will give some credit if a business is going on. I made cakes there in the gas oven and sold every one. I considered the things I took belonged to me.
Verdict, both Guilty. Neville confessed to having been convicted at Newington Sessions on August 15, 1900, in the name of George Smith, of obtaining money by false pretences, when he had five years' penal servitude for selling shops fraudulently. Other convictions proved: 12 months' hard labour at Wolverhampton in 1878; 15 months at Gloucester Assizes, February, 1882; five years' penal servitude for horse-stealing, at Birmingham, in 1883; six years' penal servitude, Manchester, April, 1895, and a number of smaller convictions. Against Lowe two convictions were proved of brothel-keeping. Sentence: Neville, seven years' penal servitude; Lowe, four years' penal servitude.
OLD COURT; Thursday, December 13.
(Before Mr. Justice Lawrance.)
Mr. Clarke Hail prosecuted. Mr. Huntly Jenkins defended.
Sentence, Three months' hard labour.
CHOPPING, Arthur (24, baker) ; indicted and charged upon the coroner's inquisition with the murder of Clara Beatrice Yorke and Charles Francis Yorke . The trial proceeded on the charge of the murder of Clara Beatrice Yorke.
Mr. Charles Mathews and Mr. Arnold Ward prosecuted. Mr. Coumbe and Mr. Burnie defended.
CHARLES YORKE , 149, Moselle Avenue, Wood Green, plumber. I have known prisoner three or four months. We were both members of a social club at Hornsey. He was a baker's assistant, but, being out of work, in August last I invited him to lodge with me. He did so down to November 17. The only work he did during that period was to assist me for about a fortnight. He advertised for work; that was all he did towards obtaining any. My household consisted of my wife, myself, my son Francis (aged five), Beatrice (aged three), and Frederick, the baby, aged seven months. Francis slept with prisoner in the back room on the first floor; Beatrice slept in a bed at the side of our bed, and the baby slept with us. On November 16, about 11 p.m., I told prisoner that he would have to find work within a week, otherwise he was taking bread from the children, as I was short of work myself, and he would have to go, that I would put the bolt on the door against him. I then went to bed. That is all I said to him. He said nothing except "Good-night." He did not seem annoyed; he seemed to take what I said in good part. I had boarded and lodged him since he came to me. I received no payment from him, except the fortnight he was working for me. I next saw him the following night at the police station, I recognise this razor and case (produced), it was given to me by a member of my club to give to the prisoner. That was about a fortnight before the murder.
Cross-examined. I first knew prisoner about last August. Before he came to me he lodged with some people called Trumpers. I know he left all his belongings behind him. He was not addicted to drink while with me; occasionally he was drunk. He did not have a number of fits of delirium tremens at my house; not to my knowledge. I do not know that during the time he was with me he drew out from the savings bank about £2 a week. I never knew that he was lavish in his expenditure. As far as I know, prisoner was fond of my children. He occasionally played with them. He has never used threats towards me or my wife. He never told me that his father assisted him; I always understood he was without friends. I am certain he advertised for work.
CLARA ELIZABETH YORKE , wife of last witness. On November 17 last prisoner was lodging with us. On that day he went out about nine a.m. He said, "If anyone comes, ask them where I can go and see them." I said, "What time shall you be home?" He said, "I don't know exactly." He came home about five minutes past seven. I was then bathing Francis in the kitchen. The prisoner sat down and said, "Has Charlie been home?" I said, "Yes." He said, "Done your shopping?" I said, "Yes." Then I went upstairs to see to the baby; when I came down prisoner had taken Francis out of the bath and put him on the kitchen table. Then he put Francis's little shirt on and Francis went to bed. I was then going out. He said, "Are you going to take Freddy?" I said, "Yes." He said, "It is rather cold, I should leave him." I said, "No, I will take
him with me for fear he cries." I went out, taking the baby with me. Before going out I went upstairs and saw that the children were all right. They were both in the back room bed. As I went out I said to prisoner, "I shall not be long." He said, "Very well, I'll wait until you come back." It was then about 7.30. I left a light burning in the children's room and one in the kitchen. I got home about 8.15. I found the house in darkness. I went into the kitchen and lit the gas. On the table in the kitchen and on a towel I saw some blood, and also on the stairs. I went upstairs, and went into the back room and lit the gas. I found Francis there with his throat cut. I saw a razor covered with blood at the bottom of the bed. I went into the front bedroom and found Beatrice in the some condition. I then rushed out of the house and gave an alarm. I had seen the razor case on the kitchen dresser before I went out the first time.
Cross-examined. When prisoner first came to live with us he was a little addicted to drinking habits; he did not drink very much. It is not right that he had fits of delirium tremens. He did not spend two or three days in bed as the result of fits. I do not remember his being in bed for two or three days. The first three weeks he was with us I had 4s. a week from him. Q. He seems undoubtedly to have drawn £2 a week during all the time he was with you, and I suggest that he was drunk a great deal? A. He did not come home drunk. He gave me no impression that he had been drinking. He was never noisy, and never said anything unless we spoke to him. He did not sis about in an abstract, sullen manner; he would rather read than anything else. He used to get up sometimes at 10 and sometimes at 12 and go out; he returned home at 7, 8, and sometimes 12 o'clock; its was frequently 12 o'clock. He was very friendly with my children. He never helped to dress and undress them. He never used any threats towards me or the children. I was present when my husband told him he would have to leave in a week; the prisoner simply said, "Very well, Charlie." There was no ill-will or anything of the sort. I know that he advertised for work.
LOUISA PLUM , wife of Edward Plum, 151, Moselle Avenue (next door to 149). On November 17, Mrs. Yorke came into my house about 8.20 or 8.15. In consequence of what she said, I sent for a doctor and the police. I took charge of her baby.
Cross-examined. I do not know prisoner. I only saw him once as he was entering the house.
VICTOR BERESFORD TAYLOR , M.D., Brookside Villa, Lordship Lane, Wood Green. On November 17 I was summoned to 149, Moselle Avenue, at 8.25, and arrived there about 8.30 When I went into the kitchen I saw some blood on the floor and on the table, a bloodstained towel on the ground lying near the fender, and there was blood on the stairs. I went upstairs into the front bedroom and found a little girl lying face downwards on the bed, lying on the bedclothes. Her throat was cut practically from ear to ear, even the cartilage of the bone was cut. Life was quite extinct. I immediately
went into the back room, where I found the body of a boy lying on the bed with his throat cut. Life was also extinct. I noticed a razor lying between the boy's body and the foot of the bed, which I told the police to take charge of. It was covered with blood. The bodies were quite warm, and I should say they had been dead about half an hour or less. I noticed blood on the opposite wall to where the boy was; that could not have come from the child's wounds. I was puzzled at the time to account for it, but I afterwards, when I found prisoner's hand cut, concluded it was from a spouting artery.
Police-Constable JAMES BRIGHTON, 648 Y. At 8.30 p.m. on November 17 I was called to 149, Moselle Avenue, and found Dr. Taylor in attendance there. I found a bloodstained towel on the kitchen floor. I went upstairs and found the children dead. The razor was handed to me, and I gave it to Sergeant Davis.
Detective-Sergeant WILLIAM DAVIS. On November 17, about 8.30 p.m., I went to 149, Moselle Avenue. Brighton handed me the razor (produced); it was not in the case. I went back to the police station and there searched the prisoner. He was violent, and had to be held down by one officer. I found this razor case in his right-hand jacket pocket, and some bloodstained paper, a match box, and 9 1/2 d. in bronze. His clothing was smothered in blood. I took possession of the towel at Moselle Avenue.
Cross-examined. I was not at the station when prisoner arrived; I found him there. I thought he seemed very funny, almost mad—his eyes were bloodshot, wild, and staring. I did not hear him say a word. He was not foaming at the mouth. He did not give me the impression of having had an epileptic fit, but to an extent of having had delirium tremens; it was more like that.
Police-Constable FREDERICK COOK, 490 Y. At 8.15 p.m. on November 17 I was on duty at Wood Green Police Station when prisoner walked in. I went towards him. He walked up to me and looked me in the face and said, "I have come." I said, "Yes what is the matter, what have you been doing?" He had his left hand under his coat. On looking on the ground I saw something dripping which I found to be blood. I drew his hand away from his coat and found a handkerchief in the palm of his left hand. On lifting that I found a very severe wound. I gripped hold of his wrist, and he then screamed out, "I want blood, I want blood." He commenced to struggle. I called for assistance, and Dr. Jones was sent for. I stopped the bleeding meanwhile. When Dr. Jones was attending to his injuries, another constable came in at 8.40, and said, "There has been a murder committed at 149, Moselle Avenue, supposed to have been done by a single man lodger." Prisoner, who up to that time had been very violent, at once calmed down and ceased to struggle. He never spoke after that. His clothes were smothered in blood on the right-hand side.
Cross-examined. I was certainly under the impression when prisoner entered the police station that he was a maniac, that was when
he began to scream; his voice was hardly natural; it was a sort of determination when he said, "I want blood," as if under great excitement. His eyes were more strained than they are at present. I drew no impression as to whether he was suffering from drink. I have seen people in the d.t.'s; he was not like that; he was like a man who had had a bad fright, and something had occurred, but that he did not know what he was doing at the time.
THOMAS SLATER JONES , M.D., M.R.C.S., 2, Truro Road, Wood Green. About 8.30 on November 17 I was called to Wood Green Police Station and there found prisoner held by two constables, there was a towel twisted round his left wrist as a sort of tourniquet; he was inclined to struggle. I attended to his wound. It was a cleancut wound about 3 in. long in the palm of his left hand, cutting through the muscles at the base of the thumb, about 3/4 in. deep; when the pressure was relaxed on the towel the blood began to spout from the arteries freely. He looked very excited. I asked him how he came by the injury. He did not answer for some time, and then he said, "l want more blood"; that is all the answer I got from him. About 10 minutes after a constable came in and said that two children had been murdered in Moselle Avenue. The prisoner looked at him; he was pale before, but he became paler after that; that was largely due to the pain of the wound and the loss of blood; he became fainter and fainter and then lost consciousness. From the position of' the wound I should say it was more likely to be an accidental wound than a suicidal one. I never heard of a person attempting suicide in that place.
Cross-examined. I did not think that prisoner had been suffering from drink. His pupils were dilated; you get dilated pupils in case of epilepsy; also in cases of undue excitement. I did not pay much attention to his mental condition, but I thought he was very strange. I did not form a sufficient opinion then to say that he was out of his mind.
Detective-Inspector ARTHUR NEALE. I went to Wood Green Police Station on the night of November 17, and saw prisoner there. I told him I should charge him with the wilful murder of Francis and Beatrice Yorke at 149, Moselle Avenue, by cutting their throats. He made no reply, nor when the charge was read. I was handed the razor produced here. It fits the razor case.
Cross-examined. He was in a half-dazed condition, and I attributed that to loss of blood. I made inquiries about him, but could not find that he drank to excess.
Dr. JAMES SCOTT. Medical Officer, Brixton Prison. I have had experience of criminal lunacy for a number of years. Since prisoner has been at Brixton I have seen him almost every day, and have had numerous interviews with him. I have also made inquiries into his history. His sister, I am informed, has been in Claybury Asylum
for six or seven years. A brother informed me that a maternal aunt had died in Devizes Asylum at an advanced age; also that two brothers are very backward mentally. I cannot say that prisoner has suffered from epilepsy. He told me that when a schoolboy he fell down at play without slipping or tripping or from any obvious cause. His brother informed me that he had seen prisoner as early as 17 years of age intoxicated. Prisoner told me that he had had delirium tremens on a number of occasions. I believe he was discharged from a situation in June last owing to drunken habits. I do not think even up to now he fully realises what he has done; he knows what he is charged with, but he has shown no emotion, he has been very apathetic throughout. In my opinion he has damaged his brain irreparably from drunken habits. I think at present he is in that state of insanity called dementia; that has been gradually developing. His mental condition has decidedly improved since I first saw him. I think that he was incapable of knowing the nature or quality of the acts he was committing at the time of line murders.
ROBERT JOHES , M.D., Bach, of Surgery, F.R.C.P., F.R.C.S. I am medical superintendent at Claybury Asylum, where we have 2, 500 inhabitants. I opened the asylum for the County Council 14 years ago. I have had some years' experience of lunacy matters. Prisoner's sister is at my asylum. She is suffering from a form of insanity very similar to that which I think prisoner has. It is usually described at melancholia; she is very sullen, very morose, reserved, at times subject to sudden impulses, in one of which she attacked the nurses without any provocation. She was admitted to the asylum in February, 1898. She was there about two years and then discharged. She came back on November 30, 1900, and has since been under constant supervision. There is no improvement in her case; she is permanently incurable. I examined prisoner once. I found him in a dull, listless, morose state; he was hardly able to answer the simplest questions. He is undoubtedly insane, suffering from what is technically called dementia. Very little alcohol affects people of a neuropathic or psychopathic nature; alcohol would have a very deteriorating effect upon prisoner mentally. He is congenitally of a low-minded calibre. In my opinion he it incurable.
The jury found prisoner Guilty, but that he was insane at the time, and not responsible for his actions. He was ordered to be detained during His Majesty's pleasure.
Mr. Slade Butler prosecuted.
SIDNEY KENT , 59, Narrow Street, Ratcliff, manager to John Cooper, Old Sun Wharf, Ratcliff. Prisoner has been watchman under me for about eight years up to December 1, when I had occasion to discharge him at four o'clock in the afternoon for being helplessly drunk. I paid him his wages and took the keys from him.
He had been drinking a good deal for some two months. He was out and I locked the office door. He followed me some little way, and then went into a public-house. I went to get another watchman. About five o'clock I returned. I saw prisoner inside the office. The door was locked on the inside. I knocked and he opened the door. He had evidently retained one key. I asked him what he meant by returning, and why he had not given up that key. He was very drunk and abusive, and said he would not give up the key. He meant to stay there; he had nowhere else to go. I told him I had paid him for the week's work, and if he wanted any more money to get lodgings, I would give it him, but that I would not have him there in his condition until Monday morning. He had his living room there. He flew into a violent passion and said something. I could not exactly say what, but suddenly he drew a revolver and fired in the air. I told him that would not affect me a great deal. He had got to get out, I could not have him there. He said, "If you are going to turn me into the street like this I will shoot you, you b——," and he brought the revolver down level with my head. He was not more than 6 ft. from me. I then gripped his wrist, and put the revolver just above my head, and it immediately went off. I struggled with him, possibly, for five minutes and quieted him down a little and told him I was still determined that he had to go. He then said he would get his coat on and go away. He put the revolver in his pocket after I let go his hand. It was afterwards taken from him by a policeman.
Prisoner. I never threatened to shoot him or said I would; I gave up all the keys; I was not drunk.
Police-constable WILLIAM COOMBES, 194 H. On December 1, about five o'clock, I was called to 59, Narrow Street. On the way then I met prisoner coming from the door. I asked him what was the matter down there. He said, "I lost my wife two months ago. since then things have not gone on very well." I took him to prosecutor's office; prosecutor came and got hold of prisoner and asked me to search him. I did so, and found a revolver in has right-hand pocket. There were six chambers loaded—three spent and three full cartridges; one I accidentally fired off myself, a spent one. He was taken to the station and charged. He said, "I have nothing to say; I could have shot him if I had chosen to."
CHARLES GRAHAM GRANT , divisional surgeon, H Division. On December 1 I was called to see prisoner, about 10 p.m. I asked him if he objected to being examined. He said, "No, you can examine me if you like." I did so and found him to be an alcoholic subject, habitually intemperate, but not then drunk. This was some time after he had been arrested. I found his mental condition very poor. In reply to my question as to the date, he said, "It is March." He could not say the date in March at all; he thought it was March. He did not know very clearly whether it was 1900 or 1901. Although prosecutor's name was not mentioned, he said, "He was constantly nagging me."
Prisoner's statement before the Magistrate: "I never had a thought in my head to harm him."
Prisoner (not on oath). Prosecutor stated that he would chuck me out—coals, furniture, and all, but I had done nothing to deserve it. He was always nagging me, and I had never had a moment's peace. I did not have the revolver for any harm; I had that for night duty, waterside duty; there is a rough lot down there. I never attempted to shoot anyone and never wished to do so."
Verdict, Guilty. Sentence, One month's hard labour.
Verdict, Not guilty.
THIRD COURT; Thursday, December 13.
(Before the Common Serjeant)
Mr. Bodkin and Mr. Borwick prosecuted.
VICTOR EGAN NEWCOMBE , 7, Park Lane. I have no occupation. I married on January 30 last. I had known my wife for about 18 months. She was then living at our present address. She was a widow. I met prisoner at our flat in 1905 when I was calling on my present wife. He was forcing his way to the flat. A commotion was going on outside, and Mrs. Newcombe said, "Would you mind telling that man to go away?" We had turned him out several times before without effect. He went away. He came again about November 9, 1905, about 6.30 or seven p.m., when my solicitor, Mr. Newton, was there. He was waiting about in the hall, and would not go away, so I told them to admit him. I tried to remonstrate with him about his conduct, and begged of him to cease his persecution. While I was talking to him Mr. Newton came in. I had telephoned for him. He did all he could to beg prisoner to desist from his persecution. He did not say anything for a time, and then he became very violent, and made a rush at Mr. Newton and myself, and said he would shoot us both. A constable was sent for, and he was given in custody. He had also threatened to shoot my wife. He was brought up the next day before Mr. Kennedy, and bound over in two sureties of £500 to keep the peace. His solicitor gave an undertaking that he would send him abroad immediately. We were married, and went abroad for the honeymoon, letting the flat to a Mr. Shaw, M.P., and his wife. We returned about April, and returned to 7, Park Lane, again later. On September 5 last, at about nine a.m., prisoner came while we were in bed and rushed into our bedroom. He made a rush for my wife's
bed. I sprang out of mine and seized him, and got him into the corridor. I tried to reason with him about his intolerable conduct, and said I would give him one more chance—that we were married, and if he would go away and give me his word that he would not annoy us any further, I would withdraw from the matter. He gave me his most solemn assurance that now he knew Mrs. Newcombe was married he would not molest us or come near the place again. He left. On October 16, about 7.30 p.m., he came in at the back by the servants' entrance, and came into my dressing-room, following my wife. He had previously rushed into her room. I heard a scream. I had practically nothing on. My wife was also dressing, and she came into my room closely followed by prisoner. I ran by my wife and got hold of prisoner and pushed him out into the hall, and we had a very violent struggle. My butler came, and the the hall porter (Hale). I handed him over to them while I put on my overcoat. He threw the men off and escaped. I returned to my wife, and found her arm very severely bruised. She was very upset, and trembling. A doctor was sent for the next day, and she was in bed for 10 days. On November 12, about 8.45 p.m., we were sitting at dinner, when we heard a woman's scream and a thud on the floor. I got up and went into the hall and saw the prisoner. He said, "Stand aside. I have come to see Mrs. Newcombe." I told him he had broken his promise, and Mrs. Newcombe had no desire to see him, and would not see him. He tried to push me aside, and we had a struggle in the hall. He was very violent and upset everything in the hall, including two big bronzes, which were smashed. He then got into the dining-room and seized my wife, but I managed to get her away and got him back to the hall, and we struggled into the kitchen and into a little cul-de-sac, where he got the better of me and had me under. He said, suiting the occasion to the word, and holding me tightly by the throat, "I will twist your neck; I mean it this time." He bit my finger. One of the maidservants then got a long broom and pushed it into the prisoner's mouth, which made him catch his breath and relax his hold momentarily. I picked up a shovel and hit him on the head twice. A constable then came, and he was taken away and charged before the magistrate within a day or two. My wife was prostrated, and is still under medical care. She has received several offensive letters from prisoner since our marriage.
To Prisoner. It was an iron shovel I used upon you. You were not held by the servants when I hit you. The struggles took place in the dining-room, the hall, and kitchen.
EDWARD AUGUSTUS ROBERTS , M.D., 33, Lowndes Street. I am in attendance on Mrs. Newcombe. I attended her in October, when she was threatened with a miscarriage. I did not then know of these complications. She had a bruise about 5 in. long on the left upper arm. She was in a depressed and excitable condition. She kept her bed by my advice for ten days. She recovered up to a point. I saw her this morning. She has a recurrence of symptoms, and the former risk exists. I advised her not to leave her bed to-day.
ARTHUR JOHN EDWARD NEWTON , solicitor, Great Marlborough Street. I was present at Marlborough Street Police Court on November 20 when Mrs. Newcombe gave evidence. Prisoner had the opportunity to cross-examine. Her depositions were read over to her and this is her signature. Her account of November 9 incident is quite correct.
To Prisoner. You had the fullest opportunity to cross-examine, as every prisoner has. You were represented by a solicitor, who had acted for you before.
[The depositions of Mrs. Florence Egan Newcombe were then read.]
RUTH ATKINSON . I have been in service at 7, Park Lane as housemaid over four years. There is a separate staircase from the back entrance by the kitchen. At the front staircase there is a porter. The flat is on the first floor. I have seen prisoner there on several occasions. He has got in sometimes by the front door, and sometimes the back. When Mr. Newton was there in November, 1905, prisoner came in the back way. The early part of this year Mr. and Mrs. Shaw came to live in the flat, and one occasion prisoner came in the back way and looked round, as he expected to see Mrs. Newcombe, sod said he had come to see her. He went into all the rooms. I could not stop him. I followed him, and said he had no right in the place. He took no notice. Mrs. Shaw was in. He went out the back way. On September 5 he came in the morning by the back way. On October 16 he came in at 7.30 p.m. by the back way. There was a struggle in the hall between prisoner and Mr. Egan Newcombe. Hale, the porter, came to help. On November 12 he came in the back way at 8.45 p.m. and went into the dining-room, when Mr. and Mrs. Newcombe were at dinner. The cook screamed as he pushed by her in the kitchen. A struggle took place in the dining-room and the hall between prisoner and Mr. Newcombe, and then in the kitchen. I thought prisoner was trying to strangle Mr. Newcombe, as he held him by the throat. He said, "I will twist your, neck; I mean it this time." They were in a huddled-up position. I got a broom to defend N Mr. Newcombe and pushed it in prisoner's mouth. Mr. Newcombe then got hold of a shovel and struck him on the head. A policeman came and took prisoner.
To Prisoner. I did not hear you knock at the door. The cook and housemaid were also present at the struggle. Hale came in later about the same time as the policeman. The shovel was not broken. There was blood on the floor.
LUCY FISH . I have been in service at 7, Park Lane as cook about three months. I remember prisoner coming to the flat on October 16, at 7.30 p.m. He walked through the kitchen. On November 12 he came at, 8.45. I opened the door and he stepped in. I said." You shall not come in here." He shook me away and went into the kitchen. A struggle followed between prisoner and Mr. Newcombe. Prisoner got hold of him by his throat. Ruth Atkinson
put a broom to the prisoner's throat, and Mr. Newcombe struck him with a shovel on the head which brought blood. The shovel was not broken. A constable arrived.
To Prisoner. I got hold of your coat; the hall porter came in with the policeman. The butler was out calling another constable. I did not hear you say, "I will twist your neck."
Police-Constable SAMUEL THOMPSON, 114 C. I was on duly in Park Lane on November 12 when I was called to No. 7 shortly before nine. I found prisoner, the servants, Mr. Newcombe, and another constable who arrived about the same time. The servants were holding prisoner, and he was given into custody by Mr. Newcombe for assault. He was wounded in two places on the head. I took him to the station, where his head was dressed by the divisional surgeon.
To Prisoner. I did not witness the assault. The servants were holding you and bathing your head. I did not see you struck. I did not notice whether the shovel was broken. The butler was there. Your arms were like that [outstretched], and the servants were holding you in that position. I thought you looked rather bad—your head was bleeding a lot.
JAMES HALE , hall porter at 7; Park Lane. I saw prisoner on October 16 going down the stairs about 8.30 p.m. Mr. Newcombe called nut, "Stop that man." I also heard the butler call out. I shut the front door, and told the other porter to fetch a constable. Prisoner got down into the hall and wanted to go out. I told him he would. have to go oat the same way as he came in. The other porter left the door open. Prisoner turned to go out the back way, and went upstairs, and Mr. Newcombe and the butler caught hold of him. He eventually left by the front door. On November 12 I took the constable up the lift when the struggle was over.
To Prisoner. When I took him up I found Mr. Newcombe, yourself, and one or two servants there. I did not notice if the servants were holding your arms. I did not hear you say, "I will twist your neck." I believe your arms were by your side. I did not notice the butler. I have been in the service there for four years.
HAROLD CECIL HALSTEAD , M.D., Medical Superintendent, Peckham House Asylum. I produce the reception order made by Mr. Kennedy on March 24 last in relation to the prisoner, on which date he was admitted. He came under my treatment at once. It was the first time I had seen him. I formed an independent opinion of him during his stay till October. I came to the conclusion that he was of unsound mind. His form of insanity is more that of insanity of conduct. I could not depend on his word. He gave me solemn assurances many times, but he broke them, I might say, the next hour. I have seen him in what I might call a desperate state—certainly, on one occasion, and I think, under certain circumstances, I should describe him as a dangerous man—for instance, if he were thwarted. When he made attempts to escape I do not think he would have let anything stand in his way. I consider him dangerous in connection
with the Park Lane incidents. I was quite unable to convince him that he had in any way committed an offence. I could not get any reason from him for his action except his delusion that even now it would be quite possible to get Mrs. Newcombe to marry him. One day he would say she was married and another day that she was not. That idea seemed to dominate him. On September 3 he was allowed on parole—allowed to walk out between meals unattended. On September 5 I had no knowledge where he had gone until I received an intimation from Mr. Newton, the solicitor. I spoke to the prisoner about it, and told him his parole would be cancelled, and I should be obliged to subject him again to strict discipline. He was very threatening to me. He threatened law suits and became very emotional. He broke down and wept in a very childish manner, and then lost his temper and gesticulated. He was put under strict discipline, and on October 16 he escaped, about seven p.m., when the attendant's back was turned. My opinion is that has mental disease will be progressive—that he will deteriorate.
To Prisoner. I did not allow you to escape purposely. You seized the opportunity. I have had nearly 20 years' experience of insanity and have been medical superintendent at Peckham for 12 years.
To Prisoner. I was present on the November 12 occasion and saw the struggle in the hall. I was laying the dinner cloth. Mr. Newcombe called me, and I saw yon and Mr. Newcombe struggling in the passage.
Mr. Borwick. He has got the wrong date.
Witness. After the struggle you got out of the front door. That is not the date you were taken into custody. I remember that occasion. Mr. and Mrs. Newcombe were at dinner, and I heard somebody shouting in the kitchen. Mr. Newcombe got up and went into the hall and met prisoner, and I went for the police. On my return they were all in the kitchen. I did not see anything happen in the kitchen. The constable and another followed. I heard you say, "I will twist your neck." in the passage. I was not told to say I heard it. I saw a little blood on the kitchen floor. I did not hear a knock at the kitchen door on November 12. I came in before the police.
Dr. JAMES SCOTT, Medical Officer, Brixton Prison. I have had many years' experience in dealing with cases of insanity. Prisoner has been under my care on three occasions at Brixton, viz., November. 1905, and March and November this year. In November, 1905, I thought he was in the early stages of insanity. The chief proof of it was his infatuation for this lady, and I consider it an insane infatuation. He wanted to go abroad, and his parents were anxious it should be tried. I said if he were sent a long way off to that he could not easily return to the vicinity where this lady resided, and bad open-air occupation, he might, perhaps, improve. He was released on recognizances. When I saw him again in March I thought be had further deteriorated—there appeared to be more mental confusion,
and I thought he had become more childish and simple. He has not seen the offensive character of his conduct. I certified accordingly, in conjunction with Dr. East, and he was sent to Dr. Halstead's Asylum at Peck ham. I saw him again November 13 last, and he has been since then under my observation at Brixton Prison. I consider there is a further deterioration. I think it is of a progressive character. He frequently says he did not know till October of this lady's marriage, though at the previous trial in March he fully admitted he knew of it, and would give up his annoyance. His mental confusion and weakness have increased. He has become more indolent, he lies about reading newspapers, and talking about his diet. There are no signs of mental activity. I think he would very probably repeat his acts. He is a strong, muscular man, and if he were resisted in pursuance of his insane ideas he might do violence. I do not think he should be at large.
To Prisoner. I have had much experience of insanity. I have examined for the Courts in London for fully 10 years and had previous experience in other places.
PRISONER (on oath). I was more sinned against than sinning. I received the worst of the assault. The kitchen shovel was broken over my head, and I was dangerously wounded. I did not assault anyone. I put my hand on Mr. Newcombe's shoulder—that is hardly an assault. I tried to get out when I saw I was not wanted, and I only shoved Mr. Newcombe out of the way. I may have taken him by the throat; but I did not say, "I will twist your neck." I did not have a chance of cross-examining at the police court.
Cross-examined. I don't know that I need say why I went to the flat.
Mr. Borwick. I have no other question.
Prisoner (continuing) said that Dr. Halstead and Dr. Scott may have observed him, but he also observed them, and it was generally admitted that people who had to do with insane people were apt to become a little touched. The germs of insanity saturated them. He was very sorry the affair should have happened, and that he should have caused annoyance to the lady and her husband, but his excuse was that he was very much in love with her, and he did not know she was married; but he had been punished by her husband for his temerity—in fact, mutilated. He was helpless in the hands of the servants, while the shovel was broken over his head. If Mrs. Newcombe had been called as a witness, he could have put questions to her, and it was very hard that a decision should be come to without his having that opportunity.
The Jury found prisoner Guilty, but that he was insane at the time and not responsible for his actions. He was ordered to be detained during His Majesty's pleasure.
BEATSON, William (37, agent); (1) having been entrusted by Arthur French with the sum at 10s. in order that he might pay the fee upon a certain plaint to be entered in the Edmonton County Court, did fraudulently convert the said moneys to his own use and benefit; (2) having received the sum of £4 0s. 6d. for and on account of Arthur French, did fraudulently convert the said moneys to his own use and benefit; (3) having been entrusted by William Powell with the sum of 16s. in order that he might pay the fee upon a certain plaint to be entered in the Waltham Abbey County Court, did fraudulently convert the said moneys to his own use and benefit.
Mr. Blackwell and Mr. Fenton prosecuted.
The trial of the first indictment was proceeded with.
ARTHUR FRENCH , pork butcher, High Street, Ponders End. Prisoner is a certified bailiff of the Edmonton County Court. I employed him in October, 1905, to collect a debt due to me of £2 11s. from a tenant named Nash. He came to me a week or two after and said he could not collect the money and advised me to summon him in the County Court and asked me for the summons fee. I said it was no good throwing good money after bad. He said he could get the money, at the man was in constant employment at the Gas Works. I gave him 2s. About a fortnight after he came to me for the hearing fee, and I gave him 8s., for which he gave me this receipt (produced). I saw him a few days after. He said he had got the case, and the defendant had to pay 4s. a month. I saw him on several occasions after that and asked him if he had had any money from that account. He said some money had been paid into the County Court, and he would see about it when he went up that way again. On August 31 last I gave him instructions to eject two tenants who owed me rent, for which I paid him 16s. He came to me a day or two after and asked if I would allow the tenants to stay on if he could collect the rents. I said, "Yes," I would rather have the tenants in than have empty houses, and he brought me 7s. from a tenant during the following week, and the following Saturday night he brought me 8s. from a tenant, and the next week 10s. I saw him again on October 5 and asked him if he had received any further moneys. He said he had not, I said, "Well, clear them out. I can't have them in the houses any longer." Rather less than a fortnight after, one of the tenant's lodgers came to me in distress, saying she did not want to be turned out as she had paid her rent. I found out on October 18 last from Mrs. Nash that no proceedings had been taken in the Edmonton County Court. I put it in the hands of the police, and the prisoner was arrested. The 10s. has never been repaid me by the prisoner, nor has he accounted for it.
To Prisoner. I did not say at the police court that I gave you 4s. and 6s. for the Court fees. It was 2s. and 8s. I suggested you should ask for an order for a small amount. I understood Mrs. Nash had removed and you could not find her. That was after I gave you the 10s. She removed from St. Joseph's Road to Ponder's End the latter end of last year. That was after you told me you had won the case.
By the Court. I believe prisoner was authorised by the County Court to collect.
Re-examined. When he came to me in October, 1905, I knew he was a bailiff.
Detective-Sergeant GEORGE WREN. I arrested prisoner on a warrant dated November 5 last, at one o'clock that day. I called him by name. I said, "Beatson, I have a warrant for your arrest." He replied, "I am sorry to hear that. What is it for?" I said, "For obtaining 10s. from Mr. French, the butcher, on October 21, 1905, for which purpose you had to get him a summons and pay the hearing fee in the Edmonton County Court against a person, named Nash, which you failed to do." He said, "I know I did not get the summons, or do anything with it. Can't I pay and square the matter up? Is he the only one doing anything?" I told him, at present he was—a suggestion by prosecutor that ultimately further charges would be brought against him; when he said, "Let me get the money from my friends and pay them all up." I took him to Enfield Police Station, and read the warrant over to him and he replied, "Not guilty." When the charge was read over to him he made no reply.
PRISONER (on oath). When Mr. French came to me with regard to this case of Nash, he said, "Mr. Beatson, I have a tenant moved from St. Mary's Road to St. Joseph's Road and they owe me £2 11s. arrears of rent. Can you broker them for it?" I said, "How long have they been moved?" He said, "About a month or five weeks." I said, "No; you can distrain on them." He said, "You do debtcollecting, I believe?" I said, "Yes." He said, "Will you try and collect this for me; as I am always losing money with these people. I wish I had never seen the property." Then I called on these people, and saw Mrs. Nash, and asked if her husband was at home. She said, "No." I called again several times and endeavoured to see Mr. Nash, and saw him one evening and made arrangements for the account to be paid by small weekly instalments, which arrangement was not carried out. I then called on Mr. French about six or seven weeks after I had the account to collect, and advised him to proceed in the County Court, and told him the entry fee would be 4s. and the hearing 6s. He gave me 10s. and said, "What about you?" I said." It will be the same. If I collect the money I will take my commission out of it when I get it." He said, "Well, you had best have it," and he gave me the 10s., for which I gave him the receipt (produced). I called again at Nash's to get his full name, and found they had moved to Ponder's End. I told Mr. French, and he said, "What are you going to do now?" I told him it was usual to trace people
and then take proceedings, and told him to look out if he saw Mrs. Nash pass his shop, and he said he would.
Cross-examined. Mr. French first approached me about September, 1905. I saw Mrs. Nash on several occasions. I did not get the money. I advised County Court proceedings as the only remedy. I could not trace them, so it was useless to enter an action. I never told Mr. French that I had won the case and that an order for 14s. a month had been made. I did not pay back the 10s. because Mr. French left it to me to trace the people. He has never asked for it; he can have it. When I was arrested I said so, and that I was not guilty. I might have said, "If it were ten times the amount I could get it from my people." I am prepared to pay now and could then.
ARTHUR FRENCH , further examined at instance of the Jury. I cannot say if Nash's address was found out. I could have found Mrs. Nash, as she has been in my shop scores of times, and the summons should have been taken out before she moved. Prisoner told me they had moved after the summons was supposed to be issued, but did not tell me he could not find them. I did not trouble about the address when I saw Mrs. Nash, thinking the summons had been issued.
Verdict, Not guilty.
(Friday, December 14.)
The trial of the second indictment was proceeded with.
ARTHUR FRENCH , recalled. On August 31 last I saw prisoner and gave him instructions to eject two tenants (Sleeman and Tewson) who were in arrears with their rent and paid him 16s. for expenses and took this receipt (produced). He came to me the following week and asked if I would let them remain on if he could collect the arrears. I assented. He brought me 7s. from Mrs. Sleeman the week ending September 8, and another 8s. on September 15. On September 22 he brought me 10s. from Mrs. Tewson. I received nothing further from him. Prisoner then seemed to avoid me. I saw him on October 5 in High Street, Ponder's End, and asked him if he had received any further moneys. He said, "No." I saw him on October 23, after calling at his house three times. He said he had received some more, and he was sorry the had not been able to pay it over, but he would pay the whole account during that week. He did not say how much he had received. He also said that he had, unfortunately, been gambling. The arrangement was that he was to retain the 16s. for collecting the arrears.
To Prisoner. I told you you would get into trouble if you did not pay up, and left a message at your house to that effect. A Mr. Cooler came to me about 11 one night, after you were arrested, and asked if I would take the money and withdraw. I said it was impossible, as it was in the hands of the police. Another gentleman came to me on your behalf after, and I told him the same.
ELIZABETH SLEEMAN , 32, St. Mary's Road, Edmonton. I am a tenant of Mr. French's. I got into arrears with my rent, which is 7s. a week. This is my rent-book, which was given me by prisoner, I do not know where my old one is. Prisoner came to me on September 1, when I was £1 19s. 6d. in arrears. I paid him 7s. on Sunday, September 2. He entered it in the book and initialled it. About a week after I paid him, I think, 7s. 6d., which he also entered I also paid him some on September 17, and on the 24th 8s.; on October 8, 8s.; and on October 15, 15s. Prisoner entered the payments in the book. I did not pay anything further, as I found my landlord was not having the money.
MARY TEWSON . 22, St. Mary's Road, Edmonton. I am a tenant of Mr. French's and pay 7s. a week. I got in arrears about August or September last. Prisoner came to me on September 15, and I paid him 10s.; he gave me a receipt on the 17th when I paid him another 10s. I saw him sign this envelope. I paid him another 8s. on September 22, for which I had a receipt signed by prisoner's wife in his presence. She handed him the money when he came in I paid him 8s. on September 29, for which I had a receipt signed by his wife. My husband and I met him in the road after, and I told him I had paid his wife. He said he had called at my house for it I paid him 8s. on October 6, and had a receipt, which I saw him sign; also 8s. on October 13. (Receipts produced.) After that Mr. French called on me. I gave him the receipts.
To Prisoner. You served me with a notice to quit about September 8. as I had not kept my promise, and you said I might go on if I paid the rent it Mr. French agreed. I borrowed the first 10s. from neighbour to pay you.
Detective-Sergeant GEORGE WREN. I arrested prisoner on November 5 and charged him, as I stated yesterday. [Witness repeated his evidence given on the former indictment.] On November 19 I saw prisoner in the cells of Enfield Petty Sessional Court and told him he would be further charged with converting £4 0s. 6d. to his own use which he had obtained from Mrs. Tewson and Mrs. Sleeman of 22 and 32, St. Mary's Road, Edmonton, which he had collected for Mr. French. I did not make a note of what he said. The charge was read over to him. I do not think he made any reply.
To Prisoner. You may have said you were not guilty.
Prisoner made no statement before the magistrate, except that he reserved his defence.
Prisoner (not on oath) repeated, in substance, his former defence, and added that whether he were found guilty or not guilty he should return the money to Mr. French, against whom he felt no animosity for having prosecuted him; that he was a licensed bailiff of the Country Council, and had never had anything against his character before.
ARTHUR FRENCH (recalled at the instance of the Jury). There was no stated arrangement as to when prisoner was to hand over to me any moneys he collected. I expected him to pay it over to me as he it received
it. The reason I took proceedings was, one of the tenant's lodgers coming and telling me she did not want to be turned out and that payments had been made to prisoner and not handed over to me.
The Jury, after a long consultation, returned into Court, and on their stating that there was no prospect of their agreeing they were discharged. The third indictment was not proceeded with, and the prosecution was abandoned.
OLD COURT; Friday, December 14.
(Before the Recorder.)
Mr. Jones Lewis prosecuted. Mr. Purcell defended.
HANS ORLOFF , 7, St. Ann's Court, Soho. On November 18, about half-past 11 at night, I was standing at the corner of Oxford Street and Shaftesbury Avenue. I was perfectly sober. I had in my pocket £2 10s. when I came out, and had spent a few shillings. The money was in my left-hand trousers pocket. I also had an umbrella. As I was lighting a cigarette prisoner came and struck me in the face on the left-hand side, took my umbrella, put his hand into my trousers pocket, and took the money. It was a violent blow, and for the first moment I could not see what I was doing. Prisoner and another young man, who is a witness for the defence, ran away. Altogether there were four men. I followed them, and they stood at a coffee stall in Shaftesbury Avenue. I went to look for a constable and explained the matter to him, and when prisoner and his companions saw the constable coming they ran away down New Oxford Street and Hanway Street. Prisoner was caught in Hanway Street. I told the constable prisoner had struck me in the face and robbed me. He made no reply to that. I have not seen the umbrella since.
Cross-examined. It took me about 10 minutes to find a constable. The constable blew his whistle for assistance when I said there were five of them. I did not lose sight of Baxter at all. Another man was also taken into custody for this affair, and the Magistrate discharged him, three of his companions being called to state that they had been with him all the evening.
Re-examined. I was perfectly sober.
The evidence of Frederick Fulham, hot-water fitter, Shepperton Road. New North Road, was put in and read. Dr. Michael Andrews, 53. Devonshire Street, registered medical practitioner, being first called to prove that Fulham was dying of acute pneumonia. Fulham's evidence was to the effect that he saw prisoner strike Orloff.
Street and Shaftesbury Avenue on a bus where I saw a small crowd of people. I could not make out what was the matter. I afterwards saw a constable following prisoner down Oxford Street, and, keeping pace with the constable in Hanway Street, I heard some money drop, but could not say whose it was nor how much.
Police-Constable ALFRED TAYLOR, 448 E. About 11.40 on the night of November 18 Orloff complained to me that he had been assaulted and robbed by five men whom he pointed out to me. As soon as the men saw me they began to walk away fast, and, as I followed them, they began to run. I gave chase and caught one man named Larramie, who has been discharged. Prisoner was also caught. Prosecutor charged both men.
Police-Constable THOMAS PERRYMAN, 417 C. At 11.45 on the night of November 18 I was outside the Tube station in Tottenham Court Road. I saw Baxter running towards me from the direction of New Oxford Street. When he saw me he turned off the pavement into the middle of the road, increased his speed, and ran into Hanway Street. As he was turning the corner he looked over his shoulder and finding I was following him again increased his speed. He then put his right hand into the right hand pocket of his jacket, pulled out some money, and threw it away; I heard it fall. I then blew my whistle, and a constable who happened to be in Hanway Street stopped him. A few minutes afterwards prosecutor came up and said that prisoner, with four other men, had struck and robbed him, and prisoner, putting his hand into his trousers pocket had stolen about £2. and had also taken his umbrella. I took prisoner to Bow Street. When charged he made no reply. Prosecutor was perfectly sober, but prisoner had evidently been drinking, though he was not drunk. I did not see any umbrella. No money was found on prisoner, only a knife. I went back afterwards to Hanway Street, where I found a penny and a halfpenny. That was about an hour afterwards, and there had, of course, been plenty of time for anybody to pick anything up.
Prisoner's statement before the magistrate: "I think the man has made a mistake. I fell down and 4 1/2 d. came out of my pocket."
PRISONER (on oath). On November 18 I was in company of a man named Larramie, a man named Branson and others. At half-past leven we had just left Rathbone Place, where we had been in a public-house. At that time (being Sunday) the public-houses were closed. I asked my companions to have a cup of coffee, and we walked towards the coffee stall. We were talking and laughing and making a bit of noise. We saw a constable running across the road and thought he was after us for making a noise, and we all started running. I went towards Hanway Street. As I was running some money jumped out of my pocket. I did not throw any money away.
I had 4 1/2 d. in coppers and 1s. 6d. in silver. After I was stopped Orloff came up and charged me with robbing him. I had not seen him before that night. I had not struck him in the face nor stolen his money nor his valuable umbrella. I was taken first to Marlborough Street Police Station, but as they would not have me there I was taken to Bow Street. Larramie was in the station when I was brought in Larramie was discharged by the magistrate.
Cross-examined. I had been drinking, but knew what I was doing. We had had five or six glasses of beer apiece in a public-house in Grecian Street. When we saw the constable coming after us we did not stop, because we thought he was coming after us to lock us up for making a noise and behaving disorderly in the streets.
MARK BRANSON , 6, Poole's Buildings, Mount Pleasant, Covent Garden porter. On this Sunday night I met prisoner, Wheelan, and Larramie at the corner of Rathbone Place. Baxter asked us to have a cup of coffee, and we went towards the coffee stall. I had not been to a public-house that evening. We had been a bit noisy at the coffee stall, and as we were walking away from it we noticed a policeman. We walked across the road and he ran across to us. We had been talking a bit loud and holloaing a bit and, thinking the policeman was after us for that, we ran away. Prisoner had been in my company since we met at Rathbone Place and we had seen nothing of the prosecutor.
Cross-examined. I had not been drinking that night but was perfectly sober.
SIDNEY LARRAMIE , 28, Percy Street, flower seller. On this particular Sunday I had been in Baxter's company from five in the evening. I was with him when the public-houses were closed. When we came out of a public-house in Grafton Street, Baxter was a little the worse for drink, but we all knew what we were doing. We were noisy. We had had, perhaps, six or seven glasses. After leaving the public-house we met Branson and a fellow named Wheelan, and walked up New Oxford Street to the coffee stall. We were rather noisy and, in fact, were speaking louder than we ought to have been, and I dare say it was not very nice for people living in the neighbourhood. After we had drunk our coffee we noticed the policeman and walked away. After a bit the constable crossed over to us and then we ran away. I was taken into custody myself, but was discharged next morning. I never saw anything of Orloff till I was before the Magistrate. Baxter was in my company all the evening from five to half-past eleven.
Cross-examined. We were a little the worse for drink, but knew what we were doing.
A Juror wished to know if prisoner had ever seen Orloff before the night of the alleged robbery.
Prisoner, recalled. I have seen prosecutor before in High Street, Bloomsbury. He asked me once to go into a barber's shop and get a parcel for him. That was at the beginning of this year. I went to the shop, but the barber told me to tell Orloff to come himself. He
hangs about that neighbourhood. He does not do any work, and I once called him a name referring to him as living upon women, and that is why he has got his spite against me.
HANS ORLOFF , recalled. I am a waiter by calling. My last place was the Cafe Monico, two years ago. Then I had an office as a commission agent in Chancery Lane. I work for the firm of Marshall, No. 3, High Street. At the time when prisoner said this about me I was living at Clovelly Mansions, Gray's Inn. Road. I know prisoner, who always begged for money. I gave him money because I always had money. I have been connected with a woman, but am not now living with a prostitute. I formerly did. It is true that I am at this moment under order for expulsion as an undesirable alien. I have been sentenced to imprisonment for keeping a gaming house, for being drunk and disorderly, and as a rogue and vagabond, living on the proceeds of prostitution.
The Recorder said he did not know what the jury thought of this case, but if he were in their place he would not believe a word prosecutor said. A man living on the prostitution of women and under orders to be expelled the country was not worthy to be believed in a Court of Justice. He had very great doubt whether prosecutor was robbed at all.
Verdict, Not guilty.
NEW COURT; Friday, December 14.
(Before the Common Serjeant.)
NEW COURT; Monday, December 10.
(Before the Common Serjeant.)
Mr. Daniel Warde prosecuted.
shop and said he wanted a truss. I said, "I think I have one that will just fit you." I asked him into the parlour at the back of the shop and fitted the truss on him. He asked the price, and I told him 4s. 6d., and he said he could not go to that I then said I would take 3s. 6d., but I could not take anything lees. I wrapped it up then in paper. He said, "I cannot pay you now, I will come back presently, in about half an hour, and pay you." At four, o'clock he came back. I was having tea with my wife in the kitchen, when I heard the bell go. I went into the shop, and I was going to hand him the truss, when he said, "Would you mind fitting it on again?" I thought it somewhat singular, but waived the objection, and said, "Walk in, sir," and he came into the room. I had just cut the string and was putting the paper away when, as my back was turned, he struck me a fearful blow on the head. I was dazed for a second or so, but directly the blood began to flow I seemed to regain my senses. I turned and saw prisoner with the spanner (produced) in his uplifted hand, and went for him at once. I closed with him and pushed him down in a chair and held him there till assistance came. My wife ran into the room and asked what was the matter. I said, "This man has struck me; fetch the police." She went to the shop door, and I believe a Mr. Partridge came in. I am still under Dr. Crookshank's care. Prisoner was a stranger to me. I had never seen him in my life.
To Prisoner. The door between the parlour and the shop was pushed to, but not closed.
EDGAR FREDERICK PARTRIDGE , assistant schoolmaster, 216, Balfour Road, Ilford. On the afternoon of Saturday, November 24, I was in Ilford High Road. I saw a lady rush out of prosecutor's shop shouting to fetch the police. I went into the shop, and in the doorway of the room behind the shop I saw prosecutor and prisoner struggling. Blood was streaming from a wound in Mr. Williams's head. I caught prisoner by the arm and pulled him out into the shop. Another gentleman came in, and we dragged prisoner out on to the path and detained him until the constable came.
Police-Constable GEORGE CARPENTER, 586 K. On the afternoon of Saturday, November 24, I was called to 317, High Road, Ilford, where I saw prisoner. He was covered with blood. I took prisoner inside, where prosecutor was sitting on a chair bleeding profusely from a large wound in the head. Prosecutor pointed to prisoner and said, "Lock that man up for murderously assaulting me." I told prisoner I should take him into custody on the charge of doing grievous bodily harm. Prisoner replied, pointing to the parlour, "Get my hat and coat; lock me up. On the way to the station, he said, "I have walked all the way from Westminster to-day. I have had no food. Now I shall get something to eat." When charged he made no reply. On him I found a pocket-book and three pawntickets, but no money. When I was taking a description of prisoner, I asked him which side he was ruptured, and, after I repeated the question, he said, I have no rupture."
Sergeant WILLIAM CONSTABLE, 81 K. At nine on the morning of November 25 I visited prisoner at the police station and asked him, "Do you wish to communicate with your friends? and he said, "No." I said, "This is a serious charge. We will render you every assistance possible if you wish to communicate with anyone." He said "I do not know what made me go back the second time. Something seemed to tell me I ought to do it, and I went. I do not quite remember what happened."
Prisoner. I did not make use of those words.
Detective-Inspector GEORGE GODLEY. About half-past three on November 25 I saw prisoner at I ford Police Station. I told him I was a detective-inspector, that the Court would require to know something of his previous history, and that if he would give me the names of any persons I would have inquiries made. He gave me some addresses. Then he started to say, "I did not do this, you know." I interrupted him and gave him the usual caution, and he then made a statement, which was taken down, and afterwards signed by him.
DR. ALEXANDER BROWNE CROOKSHANK , 32, Grosvenor Road, Ilford, registered medical practitioner. About 4.30 in the afternoon of November 24 I was called to 317, High Road, Ilford, and, on entering the shop, saw Mr. Williams sitting on a chair covered with blood. I made-an examination of his head, and found blood streaming chiefly from a large wound in the back of the head, 2 1/4 in. long. There were eight other wounds. The large wound I considered dangerous. I have been attending Mr. Williams since. I consider him now out of danger, but he will be under my care for at least a week or 10 days. He may possibly feel the ill-effects for a time. The skull was not injured in any way. A great deal of force must have been used. Mr. Williams is a muscular man, and a man with big bones, and I think the skull also must be thick, or it would not have stood the blot without being fractured. If he had been a weakly person with a thin skull, I thank it very possible the skull would have been fractured. Blood was bespattered over the mantelpiece, the books, and the floor From that he must have lost an immense quantity of blood. I found the spanner produced. Almost immediately I went into the room I struck something with ray foot in front of the fire-place. I turned up the edges of the mat and found the spanner produced, which was wet with blood. From the position where I found it, I could not say whether it had been put there or dropped. It might have fallen out of prisoner's hands, or anybody's hands, and the rug might have been pushed over it without being noticed. The wounds might have been inflicted with the spanner.
(Tuesday, December 11.)
DR. SCOTT, medical officer, Brixton Prison, stated that prisoner had been under his charge since November 26, and he had no reason to suppose that he was at all wrong in his mind. Prisoner had shown no insanity in his conduct, but had been well-conducted.
Verdict: Guilty; prisoner confessed to a previous conviction; he had been in the Navy, and a long list of naval convictions was put in.
Sentence, Five years' penal servitude.
OLD COURT; Wednesday, December 12.
(Before Mr. Justice Lawrance.)
Mr. Purcell prosecuted.
On the afternoon of November 30 prisoner was with Howe and some other men in a public-house at Stratford, Howe being the worse for drink and quarrelsome. On his striking one man in the face, prisoner said, "What is that for?" Howe replied, "I will serve yon the same." and proceeded to strike prisoner about the body and face. Prisoner made no response, but endeavoured to ward off the blows. He left the public-house and fetched a hammer. He returned to the public-house, outside which was Howe. Ultimately there was a rush on the part of Howe, and prisoner threw the hammer, the handle of which struck Howe on the throat, breaking a bone in the trachea, lacerating the muscles, and causing a suffusion of blood, which in a few minutes resulted in suffocation. Prisoner in a quiet and peaceable man, and bore an excellent character.
Mr. Justice Lawrance said that although prisoner had properly pleaded guilty, because he had no right to use the hammer, there was no doubt that he had been ill-treated by Howe, who was a much more powerful man than himself. Prisoner would be bound over in his own recognisances in £10 to come up for judgment when called upon.
OLD COURT; Monday, December 10.
((Before the Recorder.)
PRATER, Eli (26, carman), and BUDD, Frederick (26, carman) pleaded guilty , to stealing a quantity of iron piping and other goods, of Herbert Shepherd Cross, then being fixed to a greenhouse of the said Cross, and feloniously receiving same. Prater confessed to a
Sentence: Prater, 18 months' hard labour; Budd, three months' hard labour.
WARREN, Henry Thomas (23, ship's steward) pleaded guilty ; to stealing a bicycle, the goods of William Fayers, in his dwelling-house, and feloniously receiving the same. Police proved a conviction on October 14, 1904, at Westminster Police Court, with a sentence of three months' hard labour, for attempting to obtain a pair of boots by false pretences. Sentence: 12 months' hard labour.
NEW COURT; Friday, December 14.
(Before the Common Serjeant)
MATTHEWS, Ellen (36, cook) ; stealing two china plates and one pair of Socks, the goods of George Henry Knapp, and one petticoat and other articles, the goods of Maud Alice Julie Knapp, and feloniously receiving same.
Mr. Sulford prosecuted.
MAUD ALICE JULIE KNAPP , 84, Castle Nau, Barnes. I am the daughter of George Henry Knapp. Prisoner was in my father's employ as cook-general for 18 months on and off. She lived in the house since last March. Her wages were £20. We had a housemaid, who shared her room. We missed articles from time to time during the 18 months. On November 18 I went to prisoner's bedroom, when she was out, with my brother and the housemaid. I found in her chest of drawers (each were separate from the housemaid's) a foreign necklace, a pair of child's socks, left by a visitor, and in her box an afternoon tea cloth and two pillow cases. They are not marked, but I identify the sewing, also a toilet cover (articles produced). Three days after I communicated with Detective Hunt. She had some things at a neighbouring house, and I asked her in Hunt's presence if I could search there. She said she did not mind. Before going there I went up to her room again and found this scarf (produced) exposed on her bed. She turned her box out, and I found two towels, I think. They are only marked with the washing mark. I then walked with the detective to 134, Castle Nau, where she had goods. The caretaker took me to her boxes. I searched the bath and a chest of drawers. I found a serviette marked with my name and a spirit measure of mine and liqueur glass and three pairs of white kid gloves. I know the gloves as some I tried to clean at home, and they are very badly cleaned; two very old china plates belonging to my father, for whom I keep house. We did not miss them, as we have a lot of things about. I went back with the detective and produced the articles to prisoner and told her they were mine. She made several
confused statements. She said the plates out of the drawing-room must have been stolen by somebody else and sold to her by a man in the street, and she gave Is. 6d. or 2s. 6d. for them. She admitted the other articles generally were mine except the gloves. She said the was sorry she had the articles and asked me not to send her to the police station. I do not remember her words. She was taken to the police station and searched, when another of my necklaces was found on her. The first necklace, I think, she said she picked out of the waste paper basket; she said nothing about the other. The things I missed during the 18 months were of that character.
Detective EDWARD HUNT, V Division. I was called to 84, Castle Nau on Wednesday, November 21 last, at about 1.45 p.m., where I found prisoner and Miss Knapp and was shown to prisoner's bed-room, and she was given in custody for stealing the articles in question. She said, "I admit taking them." Miss Knapp said, "May I search your boxes at 137, Castle Nau?" Prisoner said, "Yes; but I do not think you will find anything there." Another officer was with me, and I left her in his custody while I went with Miss Knapp and searched her boxes, where we found the articles in question, and then returned to No. 84. Miss Knapp showed her the articles and said she should charge her with stealing them. Prisoner said, "I bought those plates at Hammersmith. I paid 2s. 6d. for them." She was then taken to the station, where she was searched by a female searcher. I was close by. This necklet was found on her and £11 in gold and 4s. 6d. in silver. She was cautioned, and said nothing.
PRISONER (not on oath) said that in November last she was not working for Miss Knapp, and did not go into her service till March. In June she gave notice and left, and they sent for her to go back. She went back, and remained for two or three months and gave notice again, owing to the fearful names they called her. She was again asked to stay on; that Miss Knapp never spoke of missing things, and she did not know they were in her boxes; that the plate and saucer she bought, and remembered it by having a black eye for it from Ler husband, when she was obliged to leave; that she came by the petticoat through lending the cook, who was there before her, 7s., and when she left she had not the money to pay her and gave her the petticoat and other things for the money. As to the other things, she did not know how or when they got into her boxes. The £11 represented her own savings.
MISS KNAPP, recalled. I missed the petticoat before June. I think I had it between March and June.
Verdict, Guilty. Recommended to mercy.
On Miss Salter, of the Police Court Mission, undertaking to look after prisoner, with a view to getting her employment and a fresh start in life, prisoner was bound over in her own recognisance, conditionally, till the second Session in January next, to come up for judgment. An order of restitution was made.
BARNETT, Alfred; JAY, Joseph; JAY, Edgar; JAY, Bertie; and WATTS, Margery; were indicted for conspiracy to defraud. The trial proceeded before the Recorder for four days, the case for the prosecution being not then concluded. A juryman was taken ill; and, upon medical evidence later that he was unable to resume his duties, the Jury were discharged. The accused were admitted to bail until next Sessions.
PALAST, Thomas, was indicted for certain bankruptcy offences. The trial proceeded before Judge Rentoul for two days, when a juryman was taken ill. The case was adjourned till January 16, accused being admitted to bail