1907, JANUARY (1).
Vol. CXLVI.] [Part 867.
CENTRAL CRIMINAL COURT
HELD JANUARY 8TH, 1907, AND FOLLOWING DAYS.
MINUTES OF EVIDENCE,
TAKEN IN SHORTHAND BY
Shorthand Writer to the Court.
POINTS OF LAW AND PRACTICE
R. F. GRAHAM-CAMPBELL, ESQUIRE,
OF THE INNER TEMPLE.
[Published by Annual Subscription.]
GEO. WALPOLE, 1, NEW COURT, LINCOLN'S INN, W.C.
THE ARGUS PRINTING COMPANY, LIMITED,
CORNER OF TUDOR STREET AND TEMPLE AVENUE,
On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Tuesday, January 8th, 1907, 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 H. E. KNIGHT, Sir W. H. WILKIN, K.C.M.G., Sir M. SAMUEL, Bart., Sir G. W. TRUSCOTT, Sir H. G. SMALLMAN, Lieut.-Col. F. S. HANSON, Aldermen of the said City; Sir FORREST FULTON, Knight, K.C., Recorder of the said City; FREDERICK ALBERT BOSANQUET , Esq., K.C., Common Serjeant of the said City; His Honour Judge LUMLEY SMITH , Commissioner; and His Honour Judge RENTOUL, K.C., Commissioner, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.
THOMAS BOOR CROSBY, Esq., Alderman
HENRY RIDGE GREENHILL, Esq.
CENTRAL CRIMINAL COURT
TRELOAR, MAYOR. THIRD SESSION.
LONDON AND MIDDLESEX CASES.
OLD COURT; Tuesday, January 8.
(Before the Recorder.)
COLE, Harry (50 warehouseman) ; pleaded guilty to stealing a leather bag, the goods of Eugene Posen, and feloniously receiving same; he also confessed to a conviction on June 16, 1903 at Guildhall Justice-room, of obtaining goods by false pretences; three other convictions were proved.
Sentence, Nine months' hard labour.
Mr. G. L. Hardy prosecuted.
JAMES LYNCH , labourer, Poole Villas, The Grove, Hackney. On December 11 I was with a friend, Hidgens, in the "Bell" public-house, Osborne Street, Whitechapel; prisoner was in the bar. Hidgens and I left, prisoner being then in the "Bell." On parting with Hidgens I returned to Osborne Street and went into the "Compasses"; prisoner came in there soon after. On my leaving there I was followed by prisoner and two other men, and they got hold of me behind at the corner of a street and took between 14s. and 15s. from my trousers pocket; prisoner got his arm round my neck; I could see his face and am certain he is the man. The three men ran away. I met a constable, and later in the night I went to the station, where I picked out prisoner from ten or eleven others. At the "Compasses" I had changed a half-sovereign to pay for drinks; prisoner saw me do this.
To Prisoner. I first saw you in the "Bell" about seven o'clock. Two men came in and asked me and Hidgens to but a ring; you treated one of those men. The description I gave if you to the policeman, was a tall, fair man, with dark features; I did not mention clothes. I cannot give a description of the two men who were with you when I was robbed.
To Prisoner. When I first saw you in the "Bell" you were alone. I did not see you at all after I left. I identified you at the police court; that was eight days after this. I did not see the robbery committed. Prosecutor had had some drinks with me, but I will not say that he was under the influence of drink. You did not treat me to a drink.
Police-Constable FK. HUGHES, 295 H. On December 11, about 9.30 p.m., I saw prisoner and prosecutor walking together in Brick Lane; they were both the worse for drink. About tea o'clock prosecutor came to me and complained of having been robbed by a tall, ginger man. I recommended him to go to the station.
To Prisoner. I saw another man join you and prosecutor. Prosecutor was under the influence of drink. I am sure I saw you with prosecutor at 9.30. I had known you by sight before.
Police-Constable ALFRED PUTT, 413 H. On December 11, at 10.45, I was on duty in Whitechapel Road with Police-Constable Sullivan; we were in plain clothes. Prosecutor came to us and said that he had been robbed. Upon his description of the man who had robbed him I went to Brick Lane, where I saw prisoner. I said, "Hughes, you know me." He said, "Well, what about it?" I told him I should take him to the station on suspicion of robbing a man about an hour and a half before. He said, "All right, come along." He had been drinking.
To Prisoner. Prosecutor, in describing the man who had robbed him, said that he was a man about your build and height and complexion and dress; he described your clothes. When you were charged you made no reply; you did not say that you thought you were being taken for being drunk; you said that afterwards at the police court. On your being searched only two halfpennies were found on you. Prosecutor was under the influence of drink.
PRISONER (not on oath) said he was "innocent of the charge." He was in the "Bell" when prosecutor and Hidgens came in; they called for drinks and went out, and he did not see them again.
Verdict, Guilty. Prisoner confessed to a conviction of felony at North London Sessions on May 29, 1905. Police proved other convictions and gave prisoner a very bad character; he was the associate of the worst convicted thieves and was known as the leader of the Brick Lane gang.
Sentence. Three years' penal servitude.
BELINO, Henry (53, engraver) ; pleaded guilty to attempting to procure the commission by Walter Edward Pearce, a male person, of at act of gross indecency with himself. Police proved a conviction, at the South London Sessions on September 28, 1902, for indecent assault on a young girl.
Sentence, Nine months' hard labour.
at page 223 of this volume. On the first indictment he was found I not guilty; on the second the jury disagreed, and it is erroneously stated (page 227) that "the prosecution was abandoned." Prisoner was now tried again on the second indictment; the evidence given in December was repeated. Verdict, Guilty. The third indictment was not proceeded with, but remains on the file of the Court.
Sentence, Nine months' hard labour.
KENT, Richard John (44, postman), and DAVY, Nellie Louisa ; pleaded guilty to (Kent) steaking from and out of a post letter two postal orders for 1s. and 3s. and stealing one other postal order for 10s., the property of the Postmaster-General, he being employed under the Post Office; (Davy) feloniously receiving same.
Sentence, Kent, Twelve months' hard labour; Davy released on her own recognisances in £50 to come up for judgment if called upon.
Sentence, Six months' hard labour.
HOBBS, Alfred (21, labourer) ; pleaded guilty to stealing a post letter containing seventeen postage stamps, the property of the Postmaster-General, he being employed under the Post Office (as auxiliary postman).
Sentence, Nine months' hard labour.
NEW COURT; Tuesday, January 8.
(Before the Common Serjeant.)
DE MARNEY, Edward, (33, editor); was found guilty at last October Session (see preceding volume, page 721) of publishing obscene libels and conspiracy to publish same. A Case wee stated on the point of law set out in this record and was argued before the Court for the Consideration of Crown Cases Reserved on December 19, 1906, when the conviction was affirmed. Prisoner now came up for judgment.
Mr. R. D. Muir appeared for the prosecution. Mr. J. P. Grain and Mr. Forrest Fulton for prisoner.
Mr. Grain was heard in mitigation of punishment, and called witnesses to character.
Sentence, Two months' imprisonment, second division.
Mr. R. D. Muir and Mr. R. F. Graham-Campbell appeared for the prosecution. Mr. Charles Mathews for prisoner.
It was stated that prisoner had handed over £122 10s. to the trustee of his estate.
Sentence, Seven months' hard labour (from November 19).
CASEY, Annie (23, factory worker), and CAREY, Mary Ann (20, laundress) ; uttering counterfeit coin twice on same day, well knowing the same to be counterfeit, and unlawfully possessing counterfeit coin, knowing same to be counterfeit, and with intent to utter the same.
Mr. Beaumont Morice prosecuted. Mr. Burnie defended Casey.
ANNIE CUNNINGHAM , assistant to Ada Tharpe, draper, Church Street, Greenwich. On December 7, 1906, at 5.45 p.m., Casey came to our shop and bought a penny box of hairpins and tendered a two shilling piece (produced) in payment. I sounded the coin on the counter; it sounded very well; but I thought it was light and asked her whether she did not think so, and she said, "Yes." I had the change ready to give her, but said I would make sure, and fetched Colerick, another assistant in the next shop. He then dealt with the matter.
Cross-examined by Mr. Burnie. Casey said she had got it from a friend outside. I did not see the friend.
PERCY COLERICK , assistant to Ada Tharpe, draper, Church Street, Greenwich. At 6 p.m. on December 7 the last witness called me to see Casey and handed me the counterfeit two shilling piece produced. I said, "It is a bad one." Casey said, "Is it!" I said, "Yes," and I cut the milled edge round the side to show her. Casey said she would get a penny. She then left the shop, went as far as St. Alphage Church, and then joined another woman, whom I do not identify; they proceeded as far as James's dairy, and Casey then went into that shop, the other woman waiting outside. Casey came out; I went into the dairy and then fetched a constable.
Cross-examined by Mr. Burnie. I have no doubt the other woman was Carey, but I did not see her face. I was standing on the other side of the road. The other woman remained two shops from the dairy.
CATHERINE BAILEY , assistant to Ernest James, dairyman, London Street, Greenwich. On December 7, at 6 p.m., Casey came into my shop and asked for a penny packet of tea, giving me a two shilling piece. I said, "Have not you a penny?" She said, "Wait a minute, I will ask my friend." She went outside and returned with a sixpence, for which I gave her a penny packet of tea (produced) and fivepence change.
MABEL GUERNSEY , assistant to her father, draper, 7, South Street, Greenwich. On December 7, at about 6 p.m., prisoner Casey came into my shop, asked for a pennyworth of hairpins and offered in payment two shilling piece (produced), which I put in the till. She then bought a hair slide, which I gave her with the change.
While I was serving her Carey came in, and my sister served her with a pennyworth of hairpins and a halfpenny thimble. They went out about the same time. I gave the two shilling piece to Inspector Trafford.
Cross-examined by Carey. I did not hear you speak to Casey. My sister showed you some blouses, and I showed Casey some, but you did not speak to one another.
Inspector EDWARD TRAFFORD, R Division. On December 7, at about 6.30 p.m., I saw Carey leaving the shop, 7, South Street, Greenwich, kept by Guernsey. In consequence of information received I kept watch on her. She walked into the centre of the road and got on the offside of a tramcar, putting the car between herself and the shop. As the car broke into a trot she ran by the side of it, and 50 to 70 yards down the road she bolted in front of the horses on to the pavement. I then came up to her and said, "Wait a minute, I want you." She dropped a coin on the pavement, which I picked up, and pointed out to her that the milled edge had been cut away. It was the counterfeit florin (produced). I said, "Why did you throw this away?" She said, "I do not care—I dropped it." I then took her back to 7, South Street. On the way she said, "I bought some hairpins and a thimble, and gave them a penny." At the shop Miss Guernsey said that Carey had paid for the things with a shilling, which she produced, and which was a good coin. Miss Guernsey then handed me a bad florin, and I took Carey to the station. On the way Carey put her hand into the pocket (produced), which was tied round her waist under her dress. I said, "What have you got there?" She said, "1s. and a penny," which I took from her and which were good coins. At the station she unfastened the pocket and handed it to me. Therein I found a counterfeit florin, two good shillings, 12 good sixpences, 11d. in bronze, three small packets of tea, two packets of hairpins, a handkerchief wrapped round some loose hairpins, a thimble, and a comb. Casey was then brought in, placed amongst five or six other women, and identified by the witnesses Bailey and Guernsey. Casey said, "That is right." The prisoners were charged, and made no reply. Carey was subsequently searched.
Sergeant THOMAS STEPHENS, 109 R. On December 7, at 6.20 p.m., I kept observation upon 7, South Street, and saw Casey leave the shop, cross the road, and enter the bar of the "Prince of Orange" public-house, apparently looking for somebody. She then walked quickly into Greenwich Railway Station and into the ladies' lavatory, where she stayed some time, and then went into the ladies' waiting room. I saw her standing in front of the fire, and said, "You answer the description of a woman who with another has been trying to pass counterfeit two shilling pieces. I shall take you into custody." She replied, "Yes, I changed a two shilling piece at a draper's and bought this," producing the hair slide (produced). I took her to the station, she was charged, and made no reply.
CARL FREDERICK CANVIN , 328 R. On December 7, at 6.15 p.m., I saw Casey enter 7, South Street, Carey being outside. I then went into the shop, received two shilling piece (produced), and it was afterwards handed to Trafford.
MARY ANN CAREY (prisoner, on oath). I am an unfortunate. The two shilling pieces were given me by a man I had been with. I did not know they were bad. He gave me eight. I and Casey were together when the man gave them to me. I have never had such things before.
Cross-examined by Mr. Burnie. The man gave me the coins in a public-house. Casey was there. That is after I had been with the man.
Cross-examined by Mr. Morice. Casey and I were together in the afternoon. The man gave the coins to me at about a quarter to five. They were all given to me because I had been with this man. He paid for drinks for Casey and me. I put them in a pocket tied round my waist. I then had a comb, some hairpins, and a pocket handkerchief in the pocket. When the inspector cams to me I had two in my hand, and this one that was out, and I dropped it because I was frightened. When the policeman caught hold of me I put the two coins in my hair because I was frightened. One of the florins was changed at Guernsey's, and another at a coffee shop where Casey and I had tea. I was outside when Casey went into the shop. We did not know they were bad until the man cut the coin, and then we did not believe it, because they looked so good. Casey went into James's dairy for a penny packet of tea with a two shilling piece which I gave her. They had not change and I gave her sixpence. [To the Judge.] The man gave me no other money but the eight florins. I had about 13s. 6d. in my pocket before I went with the man. I went also to one or two other shop and bought penny packets of tea with florins, and to a sweet shop where I bought 2 1/2 d. worth of chocolate for Casey with a florin. We were to have half each of what the man gave us. I changed my own half-crown at the coffee shop.
Verdict, both guilty; the jury think Casey was acting under the influence of the other prisoner.
Evidence was given that Carey had been convicted in the name of Mary Ann Murphy for stealing five pairs of stockings and bound over; and for stealing a skirt from a shop and sentenced to six
weeks' imprisonment, in the name of Mary Murphy. She had been cohabiting with William Hathaway, who had received 18 months for coining.
Sentence, Casey bound over in £10 to come up for judgment on March 18, the Court missionary undertaking to send a report at to her conduct; Carey, Six months' hard labour.
OLD COURT; Wednesday, January 9.
(Before the Recorder.)
Mr. Forster Boulton, M.P., prosecuted; Mr. C. S. Green defended.
ELSIE TAPPER , housemaid to Dr. Newbold, Child Oakford, Blandford, Dorset. I bought the metal match-box (produced) at Westcotts, 5, Market Place, Blandford, on December 19,1906, for 3s., in a cardboard box packed in red wadding, and directed it to Walter Ord, a private soldier at Gibraltar, with brown paper wrapped round it. I recognise the match-box and the fragments of the box and the brown paper wrapping (produced), which contain my writing on both. It was tied with string, and had the label (produced) attached to it, and I delivered same to Davies, gardener to Dr. Newbold, to be posted.
Cross-examined. I saw the part of the box and the label on December 24, and the metal match-box yesterday when I came to London. It was empty when sent off. I chose it at Westcotts from a number of other match-boxes of similar design—the others were not quite the tame. The one I sent was exactly like that (produced)—I recognise it by the leaves on it. I had never bought any other match-boxes.
GEORGE WALDON , inspector, Foreign Section, G.P.O. Prisoner was employed as auxiliary porter generally in the collection of correspondence already sorted at St. Martin's-le-Grand, and on December 20 came on duty at 4.30 a.m. A letter posted at Blandford before six p.m. would generally reach the General Post Office between five and 5.30 a.m. the next day. On that morning it arrived at 4.54 a.m. I was watching the prisoner, and at seven a.m. saw him throw the parcel tab or label (produced) down on to the table. I was about four yards from him. I picked it up. The postmark and date are not legible. If a broken parcel comes into the office it is the duty of the official who finds it to put it in a box specially provided for the purpose.
Cross-examined. I was in the same department as the prisoner all the morning and was known as the inspector of the persons engaged there. There were a large number of people engaged. There are a large number of broken packages at Christmas time, and occasionally they fall on the floor, and it would not be unusual for person there to pick up papers or loose boxes. It would be their duty to put them in a receptacle provided for that purpose. If prisoner found a matchbox without an address it would be his duty to report it to the officer in charge of the room, who, on that occasion, would be myself. That would be known to any permanent official. Prisoner was a casual employee over Christmas time. Prisoner deliberately threw the label on the table. If he had put it in the receptacle provided it would also have excited my suspicion under the circumstances. I did not notice wool (protruding from his pocket. I was present when prisoner was brought before the superintendent, Mr. Kane, to whom I reported the occurrence.
Re-examined. From the time I saw the label thrown down until prisoner was brought before Kane—which was about an hour—he was kept under observation; he still went on with his work.
EDWARD KANE , superintendent Foreign Section, G.P.O. On December 20, 1906, Waldon made a report to me. I went at once to prisoner and asked him if he would mind turning out his pockets He said he would do so, and took out various articles, including pieces of a cardboard box, some of which are before me, a piece of brown paper directed and stamped as it now is, and a piece of pink wadding. He did not produce the metal match-box. The tab had been given to me by Waldon. I said to prisoner, "How did you obtain possession of these articles?" He said, "I picked them up from the floor." I asked him if he knew anything of the contents, and he said he did not. I then sent for a police officer. Prisoner said, "Don't; don't; I shall be turned away from home." The constable afterwards searched him.
Cross-examined. Packets at times get broken and get on to the floor—at Christmas time there would naturally be more than at other times. Packets are sometimes opened to see if they are properly stamped and then refastened. It would not be the prisoner's duty to do that. I did not see the cotton wool protruding from prisoner's picket. His being employed by the Post Office should be evidence of good character.
Police-Constable JOHN VAUGHAN, Metropolitan, attached to the G.P.O. On December 20, 1906, in consequence of information received, I saw the prisoner in the Foreign Section Sorting Office, and asked him to accompany me to the Secretary's office, which he did, and I then asked him to turn out his pockets. He produced a cigarette case and a match-box (produced). I asked him if he had any explanation to give how he got those articles. He said, "I bought the cigarette case off a fellow in Hackney. I do not know his name or address. I bought the match-box of the same fellow about three weeks
ago. I could recognise the fellow." Prisoner was then taken to Cannon Row Police Station, formally charged, and made no reply The match-box was in the same condition at it is now, with pine-wood vestas in it.
Cross-examined. Prisoner came to the Post Office with a good character; he had been in the Devonshire Regiment, and his discharge is marked, "Character very good." I have made inquiries, and find he has been occasionally employed by a firm of good standing.
Prisoner's statement at police court: "I plead guilty to taking the packet, with no contents. I have no witnesses to call here."
MAURICE JOEL (prisoner, on oath). I am 22 years of age. I have been in the Devonshire Regiment, and am transferred to the Reserve. In November, 1906, I entered the service of the Post Office as auxiliary porter. On December 20 I went on duty at 4.30 a.m., and at seven a.m. was spoken to by Mr. Kane when I produced the box not broken, the brown paper and wadding (produced). One of the officials crushed the box in his hand. I got them off the floor. I wanted them for the pink wadding. I had a carbuncle on my neck, and I wanted the wadding to dress it with, Kane said, "Will you turn out your picket?"—he did say what pocket. I turned out my jacket pocket; that is all he asked for. I did not produce the match-box—Kane did not stop for that; I was not asked to turn all my pockets out. I got the cigarette case from a fellow in Hackney, about six weeks ago in the street—a personal friend. I do not know his name or where he lives—he is not exactly a personal friend—an occasional friend. I had known him about a twelvemonth, I might see him one week, and then not see him for three or four months. I was introduced to him. I got the match-box off the same fellow at the same time for 8d. He was out of work at the same. He asked me for a cigarette, and then told me he was out of work. I said, "I have just finished work myself," and he said, "I suppose you have got some money? Will you buy these things?" I filled the match-box the day previous to my arrest.
Cross-examined. I could not say who broke the cardboard box; there were four or five officials round me in the sorting office. When I first saw it one side was sticking out where the wadding was coming out of the parcel. I was going to take the wadding out. I never had time to dress my carbuncle. I am positive the match-box was not wrapped up in the waddling. I found it about 7 a.m.
The jury retired at 12.50, and returned into court at 2.15, when the foreman stated that there was absolute divergence, as one member of the jury held that he could not convict on circumstantial evidence.
The Recorder said he should always respect the conscientious feelings of any juryman, but if a juryman could not convict upon circumstantial
evidence, however strong, the better way would be to relieve him from further attendance upon a jury. The jury were then discharged; prisoner to be tried again.
(Saturday, January 12.)
The case was again tried before the Common Serjeant. Precisely identical evidence was given, and prisoner was found Guilty. Sentence, Three months' hard labour.
PAISLOW, Jane (34, waitress) ; pleaded guilty to having been entrusted with certain property, to wit, the sum of 16s. 0 1/2 d., in order that she might deliver the same to Rachel Rees, did fraudulently convert the said moneys to her own use and benefit. Sentence, Six months' hard labour.
Sergeant MUIR stated that the prisoner had borne a very good character as a grocer's assistant in Glasgow, and as a ship's steward, and was a friend of the prosecutor, from whom he had taken this money, and that it was an isolated case of stealing when he was apparently very hard up. Judgment respited till next Sessions. Court missionary to report to the Court.
Mr. Sydney E. Williams prosecuted.
Prisoner pleaded guilty to having been convicted of obtaining money by false pretences at Westminster on October 20, 1900, when he received five years' penal servitude. At that time a number of convictions were proved: In 1887, three months for stealing money; in 1888, six months for fraud; in 1889, stealing, 15 months; 1891, 18 months for fraud; 1893, stealing money, 19 months and two years' police supervision; and in 1896, at the Central Criminal Court, nine months for fraud. Sentence, Five years' penal servitude.
Mr. J. H. B. Fletcher prosecuted.
THOMAS Cox, labourer, Commercial Street, E. On December 19 I was going through Fleur de Lis Court, Fatter Lane, when I met the prisoner. I had never seen him before. He was standing up with a parcel by his side and he asked me for a piece off string. As I was searching my pocket he knocked me down with some sharp instrument. I did not see what it was. I lay there some time and lost a lot of blood and sent a lad after the prisoner. At the station
I was shown a number of knives, one of which I picked out. I was taken to the hospital, had my wound dressed, and have, until to-day, been at the infirmary. The prisoner is the man who struck me.
FRANCIS CYRIL TRAPNELL , M.R.C.S., House Surgeon at St. Bartholomew's Hospital. Prosecutor was brought in to the hospital on December 19, at 12.15 p.m. He had a lacerated wound over and on the outer side of the left eye 3/4 in. wide, and extending between the skin and bone for 1 1/2 in. The wound was dressed and after being ktpt under observation for about an hour he was allowed to leave. I examined him at the Mansion House on January 4, and the wound is doing well.
GEORGE TURNER , 271, City Police. On December 19, on information received, I arrested the prisoner and took trim to Bridewell Police Station, where he was detained until the arrival of the prosecutor from the hospital, when he was placed among twelve other men and picked out by the prosecutor and also by the boy Ives. While prisoner was detained sitting in the corner I heard something drop, which I picked up, and which is the knife produced. It had bloodstains on it and still has. He was then charged and made no reply. He was subsequently searched and another knife was found in his possession.
FREDERICK IVES , messenger boy, in the employment of Messrs. Wyman and Sons, Fetter Lane. On December 19 I saw prosecutor in Fleur de Lis Court bleeding on the left temple. Prosecutor described the man who had struck him and I went to look and saw the prisoner, whom I had seen the same morning in Robin Hood Court. I afterwards identified him at the station.
Dr. SCOTT, Medical Officer at Brixton Prison. I have had prisoner under observation since December 30 and consider him to be insane. I do not think he understands the seriousness of the offence; he is incapable of appreciating the nature or quality of the act or of knowing or understanding that it is wrong. I have learned that he has twice been confined in Morningside Asylum, Edinburgh.
Verdict, Guilty, but insane at the time.
Detective WILLIAM HARRISON stated that the prisoner's father was a sergeant major in the Army and was for many years after receiving his pension keeper of the Crown Room, at Edinburgh Castle. Prisoner had been in the Morningside Asylum, Edinburgh, from January 7. 1899. till November 24, 1900, when he escaped. He was again confined there from March 17, 1901, until October 17, 1904. when he again escaped. There were 15 convictions against him in Edinburgh for accumulating filth and similar offences.
Prisoner was ordered to be detained during His Majesty's pleasure.
NEW COURT; Wednesday, January 9.
(Before the Common Serjeant.)
also confessed to a conviction of felony on August 29, 1906, at the Clerkenwell Police Court, in the name of Thomas Smith. Sentence, Six months' hard labour.
BURNS, John (22, porter), and TYSON, William (22, cook) ; uttering counterfeit coin twice on same day, well knowing the same to be counterfeit, and unlawfully possessing counterfeit coin knowing same to be counterfeit and with intent to utter the same. Tyson pleaded guilty.
Mr. Wilkinson prosecuted.
Detective JOSEPH BURGESS, City Police. On December 20 last I was in Liverpool Street about 6.30 p.m. and saw the two prisoners. I kept observation on them and followed them to Houndsditch first, where they flopped at the corner of Duke Street; there Burns took something from his jacket pocket and handed it to Tyson, who went into a small restaurant in Duke Street. Stopping there for a second or so, he came out and then joined Burns again. They went to the top of Houndsditch by Aldgate, where Burns again handed Tyson something from his right-hand jacket pocket. Tyson then left Burnt and went into another small restaurant in Houndsditch and stopped there for a second or two, then came out and joined Burns again. They then crossed over into the Minories. Walking down there for a short distance they stopped. Burns again handed Tyson something from his right-hand jacket pocket. Tyson then went into another restaurant, stopped a second, came out and joined Burns again. They then crossed to the corner of George Street, Minories, when Tyson left Burns and went into No. 7, George Street. Minories, kept by Annie Loomes, a small general shop. He stayed there a short time, came out again, and joined Burns. They then walked down the Minories to No. 13, King Street, by Tower Hill, where Burns again handed Tyson something. Tyson then went into No. 13, King Street, a small paper shop occupied by Charlotte Atkinson. I went up to the entrance of the shop and saw Tyson handed something that looked like a silver coin to Charlotte Atkinson, and ask for a penny packet of cigarettes. He received the cigarettes and fivepence in change, and was about to leave the shop when I stopped him and asked him what it was he had tendered for (the penny packet of cigarettes. He said, "A sixpenny piece." I said to Charlotte Atkinson, "Let me see that coin." She had it in her hand and handed it to me. This is it (produced). I said to her, "This is not a good coin; do you know that?" I said to Tyson, "Do you know this is a bad or counterfeit coin?" He said, "No. I had it given to me in change by a bus conductor for my fare." I told I was not satisfied with his statement, and asked him if he had any more than that. He said, "No" asked him where his companion was. He said he had no one with him. Then I told him he would have to remain in the shop while I went outside and got his friend. I left Tyson in the shop, being watched, and went to Burns, who was 200 or 300 yards away, walk-in
up and down. I told him I was a police officer, and asked him where his friend was. He said, "I have no one with me, you have made a mistake." I told him I had has friend in a shop close by, and that he would have to accompany me to the shop alto. He went back with me. On arriving at the shop I said to Burns, "This is your friend." He made no reply, nor did Tyson. I then said to Burns, "This man has passed a counterfeit, otherwise a bad, coin here, representing a sixpenny piece, and I believe you"—meaning Burns—"to be in possession of some more." I then searched his pockets, and in his right-hand jacket pocket I found these five other coins similar to the coin that had been passed. These were also loose in his right-hand jacket pocket. I then asked him if he had any more. He said, "No." With assistance I took them to the police station. There Burns was searched again, and on him we found these two files loose in his pocket, a piece of emery paper, some acid calle I stannous chloride, used for giving copper or copper coins a bright facing, and another of these coins wrapped up in paper. On Tyson wo found this one file and one piece of emery paper; no other coins were found upon Tyson. They were charged, but made no answer and refused to give any account of themselves.
Cross-examined by Burns. I did not see you go into any of the shops, but I saw you in Tyson's company the whole time I kept ob servation upon you.
ANNIE LOOMES ., wife of Frederick Loomes, 7, George Street, Minories. I keep a general shop. On December 20 last Tyson came in about 6.30 and asked for a penny packet of tea I served him, and he tendered what I thought was a sixpence. I looked at it, but did not like the look of it; it looked funny. I said to him, "I don't think this is a sixpence." He said, "It's all right." I rubbed it between my fingers, and also with brickdust. I told him it came a different colour. I said, "This is not a sixpence, I don't think," and asked for the tea back again. He returned it, and I gave him the coin back again. He said, "Oh, I have been done. I got it from a conductor." I said, "You had better find the conductor and give it back to him again, I don't want it" He went away. Boon after the last witness came in and I went to the police station. I saw Tyson there and some more coins. I picked out the coin which had been tendered to me.
HAROLD EDGAR ATKINSON . 13, King Street, Tower Hill. I am employed by my aunt, Charlotte Atkinson, who keeps a newspaper shop. I was in the shop With her on the night of December 20 last, and saw Tyson come in. He asked for a packet of Woodbine cigarettes, price one penny. He was served with them. He tendered in payment a silver coin, and was given fivepence change. He was about to leave and my aunt was going to put the coin in the till when Detective Burgess came in and asked her to show him the coin. She had it in her hand and gave it to him. He asked her to take back her cigarettes and change, which she did. Tyson said he had it given
in change on a tramcar, and that he was a ship's cook. Burgess took the coin. Burns was afterwards brought in.
WILLIAM JOHN WEBSTER , Inspector of Counterfeit Coins at H.M. Mint. These coins are farthings of the late Queen that have been filed down on the reverse, the side on which "one farthing" is marked, to give them the appearance of worn sixpences. I take it the idea was 'no tender them the head side up; then they are silvered to give them the appearance of sixpences. They are all treated in the same way. They have been reduced in size, as a farthing is larger than a sixpence. I have seen the stannous chloride (produced), which is chloride of tin, used to whiten these things. One of the filed coins has copper filings in its teeth.
JOHN BURNS (prisoner, not on oath). I was in possession of the coins. I first met Tyson that afternoon. I had not seen him lor two years. We had a cup of tea together, and I was going to my lodgings in Tooley Street; he came along with me. On the way he said he was going to buy some cigarettes. He went to buy them, and asked me to mind his file and the other two packets, one with coins in and the other with the acid in. I found out afterwards they were, coins. That is how I came to have them.
Cross-examined by Mr. Wilkinson. I first met Tyson about two o'clock. I spent the time between two and six in his company in the City. He asked me to mind his files as he had very little pockets and mine were bigger. He went into two or three shop. In each case I waited for him outside. I did not hand him anything before he went into the shops.
Tyson pleaded guilty to an indictment charging him with on December 12. 1906, feloniously breaking into the shop of Norman Parsons and another, and stealing and receiving therein four pairs of opera glasses, their property. He also confessed to a conviction of felony at this Court on November 13, 1905. A number of convictions were proved against both prisoners.
Sentence, Five years' penal servitude each. Detective Burgess was commended by the Court.
DANN, William (42. horsekeeper), and DANN, Adelaide; feloniously making counterfeit coin, unlawfully uttering counterfeit coin twice within 10 days well knowing the same to be counterfeit, and unlawfully possessing counterfeit coin knowing the same to be counterfeit, with intent to utter the same. William Dann pleaded guilty.
Mr. Wilkinson prosecuted.
(During the opening statement the Common Serjeant said that as Adelaide Dann was the wife of the other prisoner, and had acted with him, and as the law stated that a wife could not be responsible if
soling under the husband's control, the prosecution against her must fail, end directed the jury to return a verdict of Not guilty against her, which they did.)
Several summary convictions were proved against William Denn. Sentence, 18 months' hard labour.
Mr. Wilkinson prosecuted; Mr. Burnie defended.
LOUISE VALLERS , wife of Henry Vallers, 129, Whitechapel Road, E. We keep a Bioscope Exhibition. I was there on the evening of December 22 last, between five and six, when prisoner came in on see the exhibition. The charge for admission was one penny. He tendered a half-crown. The people pay at the door as they enter. This is the coin marked by myself. I took it and gave him two separate shillings and fivepence change. He said to me, "Are there no tickets?" I said, "No," and he went to the door again and beckoned to another man to come in. The other man came up, and he also gave me a half-crown for his admission, for which I gave him two and fivepence change. This is the one. I looked at them, being two half-crowns looked suspicious. I tested both of them with acid, and found they were bad. The second-man kept by the doorway, but the prisoner walked right to the end of the shop and sat down and waited for the exhibition. When the second man noticed that I saw the coins were no good, he took to his heels and ran away. I then closed my shop door and sent for a constable. I went up to prisoner, and said, "This half-crown ie no good to me," and detained him till the other people in the shop had left. I gave him the coin back again. He simply said, "Not" and gave me a two shilling piece and ten halfpennies for his half-crown. A constable came in and I gave him in charge.
Cross-examined. There were about 10 people in the shop when the prisoner came in. Prisoner and the other man wart the two last to come in. I did not see a woman outside. Prisoner just beckoned to the man, he never said anything; they both came up to the shop together, but I did not know they were together till the prisoner beckoned the other one to come in. Whitechapel Road is a very busy thoroughfare with a very wide pavement. Prisoner went right away to his seat as soon as he came in. After the performance, I waited for the other people to go, and then said to prisoner, "I want you to stop in"; he had got up to go. I gave him the bad half-crown back.
Re-examined. I saw no woman outside; there were just a few children looking in the window.
Police-Constable CHARLES GOLDING. 387 H. On December 22 last I was called to 129. Whitechapel Road, and found prisoner detained. I searched him, and found on him one counterfeit half-crown, seven
good shillngs, one sixpence, three threepenny pieces, and two shillings and three halfpence in bronze, all in halfpence, except one penny. All the coins were loose in his trousers pocket. I told him he was given into custody for uttering a counterfeit half-crown. He said, "All right, that is the only one I have got, I will come along with you." He was then taken to the police station, where the charge was read over to him by an interpreter. I produce the bad half-crown.
Cross-examined. The bad half-crown was with the other money in his trousers pocket.
LOUIS NIEGBURG . I am an interpreter, and live at 60, Leman Street, Whitechapel. I attended at the Leman Street Police Station on December 22, and interpreted the charge to prisoner. He said, "Why did not the lady stop the other man as well aa me? I did not attempt to run away; immediately she stopped me I gave her back the two and fivepence." Before that he said, "I received my wages, and had several half-crowns"; that is all.
MANUEL GOLDBERG (prisoner, on oath). I live at 7, Little Hollo way Street, Commercial Road. I came to England about two years ago, and worked as a ladies' tailor and then as a stickmaker. On December 21 I received my wages from Mr. Brown, who employs me; it was 13s., in five half-crowns and sixpence in coppers. The next afternoon I went to this Bioscope Exhibition with my sister. She was here all day yesterday; I do not know whether she is here to-day; she goes to work. I went into the shop and wanted my sister to come in, but she would not, and went away. I was not with any man, with nobody but my sister. I did not beckon to any man. I did not know I had the bad half-crown. As I got it unknown so I handed it to the prosecutrix unknown.
Cross-examined by Mr. Wilkinson. I had other money in my pocket at the time; I do not know how much; but what I had in my pocket was not mine; it was tied up in a handkerchief. I only had a half-crown; the rest of the money was my sister's. I gave evidence at the police court. I said there I changed the half-crown. because my other money was tied up in a handkerchief. I mentioned there about my sister. As tihe policeman took the money out of my pocket, it came loose from the handkerchief. My sister went with me to the door of the shop. I went in and beckoned to her to come in, and then found she had gone. I did not say this at the police court, as I was not asked.
Re-examined. I gave evidence at the police court through an interpreter. My sister's name is Annie.
THOMAS GREEN , ladies' tailor, 53, Princes' Square, E.C. I have known prisoner two years, since he has been in England. He has worked for me. As far as I know, he has always borne the character of an honest and straightforward man.
BARNET LAZARUS , ladies' tailor, 53, Princes' Square, E.C. I have known prisoner for two years. I have worked with him for the last witness. His general character has been that of an honest and straightforward man.
MARK TAFFLER , ladies' tailor, 23, Princes' Square, E.C. I have known prisoner two years. I have worked with him for 18 months. I have known htm to be a straightforward fellow. I was at the Court yesterday and saw prisoner's sister here. I have not seen her to-day. I have been looking for her.
Verdict, Not guilty.
Mr. Purcell prosecuted; Mr. Boyd defended.
Verdict, Not guilty.
OLD COURT; Thursday, January 10.
(Before the Recorder.)
Mr. Heddon prosecuted. Mr. Avory, K.C., and Mr. Somere James appeared for the prisoner.
Sentence, Three days' imprisonment.
BROWN, Frederick (23, fitter) , pleaded guilty to obtaining by false pretences from Louisa Best the several sums of 1s. 4d. and 1s. 3d., and from Lena Graves 1s. 2d., in each case with intent to defraud. Sentence, Six months' hard labour.
FREEMAN, Arthur Oliver (35, secretary) , pleaded guilty to stealing the sum of £204 4s. 6d., the moneys of John Dean and others, Trustees of the United Kingdom (Benefit Society), his masters. Sentence, Eighteen months' hard labour.
Mr. Todd prosecuted.
WM. FITCH , 15, Station Road, Manor Park, coal merchant. On Friday evening, October 12, 1906, prisoner called at my place about a pony and trap, and about 9.30 the following morning hired it as arranged the previous night. I had never seen him before. He had the pony, trap, harness, and rags, and brought none of them back. On October 17 I saw the pony at Holloway, sold. The trap and harness was left in another man's yard, and the prisoner had evidently been trying to sell it, but the man would not let it go. I next saw prisoner at Thames Police Court, and picked him out from a number of other men. He is the man. Receipt produced wee shown to me by the man in whose custody I found the pony.
WM. HY. BLYTH . 102, Palmerston Road, Finsbury Park, coal merchant. On October 15 I bought a pony from prisoner for £2 5s., and received receipt produced, signed T. Young, 207, Blackstock Road. I have been to that address and found no such person living there. I have no doubt (prisoner is the man. He is differently dreased and has more hair on his face, but I picked him out from about a dozen men at the police court.
To Prisoner. I saw you in the dock at the police court on the first occasion and picked you out a week afterwards.
Detective WEBBER. I was present at Thames Police Court when prisoner was identified by Fitch on the first day of the hearing. December 1. Prisoner was (placed with ten others, and identified at once by Fitch. He was arrested on November 30, brought up on December 1, and formally remanded for a week on a charge in which Fitch was not the prosecutor. I am positive Fitch did not see him in the dock before he was called to identify him. Blyth identified him on December 8. I did not know that he had seen him in the dock on December 1.
FREDERICK CHAPMAN (prisoner, on oath). I live at 227, Bow Road, and am a caterer for coffee-houses. I was detained on December 1 or November 30, and put Up for identification at the Thames Police Court on the first occasion amongst nine poor fellows that had not got really a rag to their back, and there was no alternative for anybody but to walk amongst them and pick me out. Fitch walked direct up to me and just tapped me on the shoulder and walked away. Blyth was in court on December 1, and of course the next week he came in and identified me. I was taken before the magistrate, and they charged me. I said I had never seen the prosecutor
nor the witness Blyth before, and that I was innocent of this charge, as I say now. I did not hire any pony or cart from Fitch on October 13, or any other day. I did not sell it to Blyth on October 15, or any other day. I did not give him the receipt produced; it is not in my writing. I never saw Fitch or Blyth in my life until I saw them in court. What I said at the police court is true.
Cross-examined. I have had my present premises six years, and have beeu a caterer aix or seven years. I have been my own employer. I carry on business at Queen's Road, Peckham, Bethnal Green Road, Spitaifields, and Mile End Road. I adhere to my denial, and the receipt produced is not in my writing. Prisoner wrote the words: "Received £2 5s. 0d. for bay pony.—Y. Young, 227, Blackstock Road."
WILLIAM FITCH , recalled. (To the Jury.) The pony was between sine and ten years of age. I paid £5 for it under the hammer between six and twelve months before it was stolen. When I identified prisoner he was dressed differently to when he came to my place. He was not put amongst nine or ten ragged men when I identified him—there was a gentleman there; they were all respectably dressed. Some of them were dressed aa working men. Prisoner was dressed in between a working man and a gentleman. (To the Judge.) I had no difficulty in identifying prisoner. He is the man that had my pony and trap.
Detective WEBBER, recalled. I was present at the identification of prisoner by Fitch. Prisoner was not the only respectably-dressed man; they were as nearly as we could get them respectable working men; one was very respectable. We got passers by to come in as near the prisoner as we could.
PRISONER, recalled. (To the Jury.) I hire traps frequently in the ordinary course of my business. I have frequently hired from a man at Dalston, to whom I have written to ask him to send me a letter with reference to the last hiring I had from him. At this time I was watching premises I was after buying at Barking, to see what the trade was. At that time I was living in the Bethnal Green Road. (To the Judge.) I can only suggest that this man has got the receipt to show, being in unlawful possession of this pony. The pony was valued at the police court at £7, and the Clerk remarked he had a rare bargain if he bought it for £2 5s.; that is all I can make of the matter. I have never seen either the prosecutor or the other man.
Verdict, Not guilty.
Prisoner was then tried on the charge of stealing a horse, cart, and a set of harness, the goods of Robert Holmes, and feloniously receiving same.
ROBERT HOLMES , 11, Piashet Grove, Upton Park, carman. On November 26, 1906, prisoner came and hired my pony and trap. He told me a plausible tale that he had been to Mr. Pyne, of High Street. West Ham, and that his lots were too large, and that Pyne had referred him to Shepherd, who had sent him on to me.
He said he was in the clothing line, and could do with a little lot twice a week. I said as a rule I did not let a trap out without a driver, and he said he wanted to drive his wife, and he was going to 25, Byrne Avenue. I went with him to the "Green Man, and then on to Byrne Avenue, and he got off and knocked at the door of No. 25, and I thought the man was straight and left him. I was with him for ten minutes and had good opportunity to see hit face before he drove away. I was to let him have the cart for the two days for 5s. He never returned the pony and trap. etc. I next saw the pony on November 28 in a stable in charge of the police. There is no fear about his being the man—you cannot get away from that man's dial. I next saw the prisoner at the police station and picked him out from about a dozen men.
Cross-examined. The pony was found by the police, and I recovered it on Wednesday, November 28. I should have charged 10s. a day for the pony and trap. By the Thursday it would have been £2.
To Prisoner. I was not the proprietor of the stable where the pony and harness were—I kept my horse in the same yard. You left the pony and harness in the same yard as where I am stabling. I was not there when you left it. I saw you on Tuesday morning, November 27 at the stable and in the Commercial Road in the evening. We went and had a drink and I never saw you again until at the police court. The pony was in the hands of the landlord, Mr. Myburgh, and he reported it to the police on Wednesday morning, and the police took possession. I never saw any cart You sent for the pony, bat the landlord said, "Let the governor come himself," and would not give it up.
SADLER, Montague Street, Canning Town, skin dealer. On November 27 prisoner sold me a cart for 30s., which I paid, and he gave me the receipt produced. He asked me 50s., and I bought it for 30s. He was a perfect stranger to me. I saw him next at the Thames Police Court, picked him out of a dozen men, and have no doubt whatever he is the man.
To Prisoner. You met me in Aldgate, having come from Canning Town; I said I was going to the Borough, and would be back in one and a half hours. I drew the money for my skins and paid you, and then took the cart from where it was left after you gave me the receipt.
Statement of Prisoner at Police Court: "I had been heavily drinking lately."
Pavilion and we had sundry drinks together and they persuaded me to go to the Pavilion. A man outside told me I could leave the pony at these stables, belonging to Burns as I thought. The cart was taken into one stable and the pony and harness across the road. The next morning I saw Burns, but he was in a hurry to go somewhere and could not stay. I hunted about to find the pony and the cart. After I bad found where I left the cart, in the afternoon I met Sadler in Whitechapel and asked him if he came from Canning Town. He said, "Yes." I said, "Well, I have got a cart I want to go back to Plashet Grove, would you mind taking it back?" He said he was going over the water and would he back in one and a half or two hours. I said, "Here is the oart round the corner. I will meet you later on." I did not say any more, I let the man think it was mine. I left that man and went in search of my pony.) could not get it before I saw Burns. It was late before he dame home. I met him and went into Whiteohapel and asked him what I was indebted to him, we had a drink, and in Fashion Street we had another drink or two. Eventually he left me all of a sudden I was waiting for him to come back. When it was getting late I sent to the stables, asking them to kindly give the lad possession of the pony and harness. I did not get possession of it, so I went to Stepney, as I had to be there at a club, and I got a man to slipdown to see if he could get it for me. I went the next day and heard the pony and harness were in the bands of the police, so I troubled no further about it. I went past the owner's on Friday, and I believe I saw the property there. With regard 'to my making a receipt for this cart, is it feasible that a man would pick up a stranger in Whitechapel, take him for a drive, as he said at the police court, and give him 30s. without having possession of his property? The man said that he took the man for a drive from Whiteohapel to the Borough, took him into the public-house, they had a drink, land he gave him 30s., and he left the main in the Borough, and he never saw the man any more till he was at the police court. Is it feasible that a man could give 30s. to an utter stranger without getting possession of the property he was purchasing I (To the Jury.) When I heard that the police had got possession of it I aid not go to the police court. I did not pay for the hire Nothing has been sold, the man has got all his property bark. There has been no criminal action. I was satisfied they had got the property back, and I troubled no further. There was no intention to rob, nothing had been sold.
Cross-examined. I did not give Sadler that receipt, nor write it. He is misleading the Court. The cart was found in Sadler's stable. I went to the Pavilion, and when I saw Sadler the next day I asked if he would take it to Plashet Grove, and he took it away to his own stable, where it was found.
Verdict, Guilty. Prisoner confessed to having been convicted of felony at tnis court on June 17, 1895, in the name of Frederick. Adolphus Kitchener.
Detective-sergeant JAMES BALLARD, S Division, stated that on June 18, 1895, prisoner pleaded guilty to two indictments of bigamy, far which he was sentenced by the Recorder to seven years' penal servitude and nine months' hard labour concurrently. On April 9, 1892, as Middlesex Sessions, he reeived three years' penal servitude for stealing a pony, cart, and harness. On October 25, 1886, at Middlesex Sessions, five years' penal servitude for horse stealing. Three other convictions were proved, and he had committed several heart. Less robberies on women.
Detective RICHARD WEBB, K Division, stated prisoner was released from penal servitude in 1900, and shortly after he lived with and absolutely ruined a woman who kept a restaurant. There were now against prisoner three other charges for horse and cart stealing in the county of Essex.
Sentence, Seven years' penal servitude.
NEW COURT; January 9, 10, 11, and 12.
(Before the Common Serjeant.)
Mr. Charles Mathews, Mr. Bodkin, end Mr. Symons prosecuted. Mr. Purcell defended.
Verdict, Guilty. Sentence, Eighteen months' hard labour.
OLD COURT; Friday, January 11.
(Before Mr. Justice Lawrance.)
Mr. Charles Mathews, Mr. Bodkin, and Mr. Symmons prosecuted, prosecuted.
Police-constable PERCY ATTERSALL, 266 E. I have made the plan to scale of Back Hill, Clerkenwell (produced). The distance from the "Rising Sun" to Clerkenwell Road is 351 ft. 4 in., and from the centre of the Catholic church to the corner of Clerkenwell Road if 96 ft.
SAVARIO ROSSI . I am an Italian, I have been in England for about three years and ten months, and am an ice cream vendor living at 81, Kingsland Road. I know a public-house called the "Rising San," kept by Biondi, and was there on November 12 at about 8.30 p.m. with men named Gaetano, Pesquale, Notara, Granato, Franki, and another man, whose name I do not remember. Rinaldi and Neapolitano were there also. Pesquale is the prisoner. I only knew him from Italy, and thought he was a friend of mine. I went there with Rinaldi. Prisoner and Gaetano came in with about three others afterwards. While we were in the public-house, Gaetano and his friends started insulting us, and I told him to be careful and not use such bad words. I told him to stop hit filthy language, and all of a sudden Gaetano challenged me to come outside with a knife. I said, "Remember that we all have wives and children; better leave the knife off." Then the landlord, Biondi, stopped the quarrel. Prisoner took no part in that dispute. I left the public-house with Franki, Rinaldi, Notera, Neapolitano, and another whose name I do not know, and walked along Back Hill towards Clerkenwell Road. Prisoner and his friends had left the public-house before us and were at the corner of Back Hill Street. Prisoner said, "I want to speak to you," and as I walked towards him he gave me a smack on the face and another of his friends gave me a smack on the face also. They said, "Pull your knife out." Prisoner said that. They all five had their knives out and stabbed at me. Prisoner had his knife in his hand. I was stabbed under my right arm, and again in my abdomen on the right side. I do not know if it was the prisoner who stabbed me. The prisoner always had the knife in his hand, and if it had not been for Notara he would have finished me. Notara took his pipe out and presented it as a revolver, and said to prisoner and his friends, "Unless you leave my friend alone I will shoot you." As soon as they saw Notera coming they all ran away. I had nothing to protect myself with. I have seen the knife produced in prisoner's hand. When he told me to take the knife out, this knife was in his hand, and when they slapped my face. I cannot solemnly swear this was the prisoner's knife, but I saw the knife there, and I heard it drop. When prisoner stabbed me with that knife he threw it on the ground and ran away. I was wearing trousers produced. There are cuts in them on the right and left. I had only one wound. They were not cut before I was attacked. I knew the prisoner as an acquaintance. I had no quarrel with him, and do not know why I was attacked. I went to the hospital and remained there until December 12.
ANTONIO NEAPOLITANO , parquet floorer, employed at 189, Cannon Street, and living at 26, Collier Street. I have known prisoner about a year and know Rossi. I was at the "Rising Sun" the night Rossi was wounded, from about seven p.m. Prisoner, Rossi. and Gaetano were there sitting at the table, and the house was full. At about nine or ten p.m. Rossi, Gaetano and two or three more went out and
I followed. There was a crowd of them in Back Hill saying "Good night." Franki and Notara went through the Italian Church to go home. Prisoner Gaetano, and three more stopped, and I told them to go home. Rossi coming up, prisoner said to Rossi, "Come here, I want to speak to you." Rossi went towards him, and was struck on the face, I think by the prisoner. Rossi and prisoner were close together. Then there was a row; they all had a knife or something shiny in their hands. They all struck one at the other. I could not see properly, there were seven of them trampling about on the street. Prisoner went away first towards the tram lines in Clerkenwell Road and the other men went in the other direction. I went up Back Hill and saw Rossi with his hands on his belly and asked him what was the matter. He said, "They kill me." I asked him who had done it. He said he did not know. Blood was coming out of his side. Rinaldi and Gaetano were there. They had not knives in their hands; all the others had.
AUGUSTINO RINALDI , 221, Green Street, Bethnal Green. On November 12 I went to the "Rising Sun" at about 6.30 p. m. Prisoner was there with several others. Gaetano was with the prisoner. There was no quarrel. At about nine or ten p.m. I left Rossi, Notara. Neapolitano, and Franki. Gaetano and prisoner followed us. We went up Back Hill to take the tram. I left them for a short time, and when I came back there was a group at the corner, including Gaetano, prisoner, and Rossi. Prisoner took Rossi four or five paces from us. I went towards them and told them to hurry up because the tram was coming, and I saw prisoner and also Gaetano give Rossi a smack in the face. I took prisoner and Gaetano away from Rossi. Then one of prisoner's companions. a man with a big nose, said, "If you do not leave them alone I shall stab you with a knife." I was afraid he might stab me in the back, so I left them, and I saw all the lot going against Rossi—three of them. They all had something in their hand like a knife. Prisoner was one of the three. I saw Gaetano stab Rossi. also the others. They were stabbing with the knife, while Rossi was kicking them. I saw Gaetano stab him on the left side. I could not say who stabbed him on the right side, because I was afraid for myself. Then as soon as Notara came they all ran towards the bottom of Back Hill; the prisoner went to the other side of the Italian church. Rossi had nothing in his hand; he was only defending himself with his arms and legs.
FRANCISCO FRANKI , 84, Victoria Dwellings, Clerkenwell Road, parquet floorer. On November 12 I was at the "Rising Sun," and was passing in Back Hill between nine and ten, when I saw a group of persons; I was standing at the opposite corner. I did not see what they were doing, but I heard an iron drop, and saw the prisoner run away towards me. I stopped him and said, "What have you done wrong?" He said nothing. A policeman was behind me, and I said, "Take this man in charge." The policeman asked me what he had done wrong. I said. "You heard—someone has been stabbed."
The policeman said, "Go on—go on." Prisoner then went towards Clerkenwell Road. I went down Back Hill and saw Rossi come through Ray Street. The constable and I took him to the hospital.
Police-constable JOSEPH GRINNEL, 111 E. On November 12, at 10 p.m., I was on duty in Clerkenwell Road. I saw prisoner with two other Italians, whom I knew by sight. The last witness, Franki, asked me to take the prisoner. I asked what for, and what he had been doing. Franki said, "Never mind about that; take him." I asked them all to come to the station. They refused, and I let the prisoner go. About ten minutes afterwards my attention wae drawn to a crowd of people who had assembled in Back Hill. I saw a man walking about very pale, and seeming to be in great pain. I took him to the Royal Free Hospital, where he was detained. I saw some blood on the right side, but I did not think he was hurt so much, as he was walking about. That was Rossi I believe the third man with Franki and the prisoner was Notara, but I am not certain.
Sergeant JOHN BISSILL. I was present at Clerkenwell Police Court on December 19. 1906. Police-constable Long was examined as a witness for the prosecution, in the presence of the prisoner, who had an opportunity of Cross-examining him, and did Cross-examine other witnesses. "Deposition of Jabes Long, 33 E, Reserve: On November 12 I was on duty in Back Hill about 10.15. I met prosecutor. who was with Constable Grinnell. I went down Back Hill. I picked up this knife on the footway at the back of the Italian Church, about No. 16, Back Hill. The knife was lying about the centre of the pavement. The blade was open. There were new bloodestains on the blade. I afterwards produced the knife to Dr. Atkey." Back Hill has recently been renumbered and No. 16 is now No. 9. On December 19 a warrant was granted for the arrest of Gaetano. I had been unable to execute it. Gaetiano lodged at 9, Crawford Passage, previous to the stabbing. I knew him. I had kept casual observation on 9, Crawford Passage since November 12 up to the present time and as sergeant have visited the officers keeping observation, have searched the premises on several occasions, and have falled to find the prisoner or Gaetano.
Police-constable WILLIAM COX, 94 E. I have known Gaetano by sight for four months. He lodged at 9, Crawford Passage, where I have kept observation from two to 10 p.m. for him and the prisoner from November 12, but saw nothing of them until on November 26 at 1.20 p.m., when I saw the prisoner talking to an Italian with a chestnut barrow on Ludgate Hill. I was in plain clothes. I told him I was a police officer, and tried to explain to him that I should arrest him for the attempted murder of an Italian. I took him to the station. On the way he said, "All right, I know you, me say nothing." Police-constable Parker relieved me in keeping observation.
GIOVANINA FALKI , wife of Francisco Falki, ice-cream vendor, 9,. Crawford Passage, Clerkenwell. Prisoner has lodged at my house regularly for five or six months down to the day before the policeman came about Rossi. I have not seen him since. Gaetano and another man were also living with me at the same time as the prisoner. The other man left about a fortnight before this occurrence, and Gaetano left directly after it.
Detective-inspector JAMES STOCKLEY, E Division Metropolitan Police. On November 26 I saw prisoner at Grays Inn Road Police Station, and told prisoner, through the interpreter now present, that I intended charging him with attempting to murder the man named Rossi by stabbing him with a knife on November 12 at Back Hill, Rosebery Avenue, and he made certain replies which were interpreted by the interpreter, who is here now.
LENO ZEITON , 236, Goldhawk Road, Shepherd's Bush, interpreter. I was in Gray's Inn Road Police Station on November 26, and interpreted the charge given by the last witness to the prisoner. Before he was charged I, by the direction of Inspecter Stockley, told him why he was brought to the station, to be charged with intending to murder, and he said, "I will speak the truth." When I read over the charge, I cautioned him and he said, "I know nothing and I have nothing to say.
OLIVER FRANCIS PAYNES ATKEY . senior resident medical officer. Royal Free Hospital. On November 12, at 10.45 p.m., Rossi was brought to the hospital. I examined him and found a stab in the abdomen about four fingers' breaoths below the ribs. It was a serious wound, very dangerous to life. I came to the conclusion that an operation was necessary, and performed one which was successful. I found there were three incisions into the liver. The knife had passed upwards. I can only explain the three incisions in the liver by supposing that the stabber partially withdrew the knife and then restabbed without taking the knite out. There were three jogs, but only one external wound. The wound could have been caused by the knife produced. I did not see any other wounds. There were none of any size, at any rate—there may have been a scratch. Had I not operated I think the resuit would have been certain death.
Prisoner's statement before the Magistrale: "I know nothing about it. It was about 12 o'clock that night when I was with about twelve others when somebody called me out. This party told me that Savario Rossi had been wounded and they say it was you who stabbed him They told me to look out as the police were after me. When I heard that I ran away."
Verdict, Guilty of wounding with intent to do grievous bodily harm. Sentence. Eighteen months' hard labour. Certified for expulsion under Aliens Act.
Mr. W. H. Thorne prosecuted.
LILY HAYES , wife of Henry John Hayes, 47, Mornington Crescent. I let rooms at 41, Mornington Crescent, where the prisoner was a lodger. On December 31, 1906, I was called ont of bed at about Johnson is also a lodger at No. 41 in the next room to the prisoner. He made a communication to me, and I went into his room. He was pouring water on a lot of burning coal, which was lying at the bottom of the door in between his room and the prisoner's. Prisoner was in the corner by the fireplace, and she took a big piece of live coal out of the fire and threw it across the room. I then ran out for the police. Prisoner was shouting all the time. She said she would set the b——house on fire for one thing, but she was using such filthy language I cannot repeat it. I had given prisoner notice to leave, which expired on Chriatmas Eve. Other people besides Johnson and prisoner were living in the house. I afterwards looked at the door between the prisoner's and Johnson's room. It was all charred along the bottom. I saw this after I fetched the police. I did not see it before that day—prisoner would not allow me in her room. I did not live in the house; I was sent for. (To the Judge.) Prisoner has lodged there since Kovember 12. She was always abueing me. I had had no quarrel with her.
JAMES ALFRED JOHNSON , cellarman. I am a lodger at 41, Mornington Crescent, the last witnees being any landlady; I occupy the room next to the prisoner's. On December 31, at about 12.30, I was sitting reading the paper when I noticed smoke in the room coming from under the door parting the two rooms. I moved the chairs away, opened the door, took the water-can, and poured water on to some burning coal that was placed there. While I was doing so, prisoner went to the fireplace, took up a kettle of boiling water and threw it at me while I was partly in her room putting this burning Coal out wifh the water-can. If it had not been for the kettle lid being on tight there is no doubt I should have been scalded. It passed me, and then she put her hands in the grate, took out handfuls of burning coal, and threw them at me. She has said she would burn the bleeding house up; she would see them all out; the would he the last one in the house. She was abusing my wife and child, called my child a basterd and called my wife a cow. Mrs. Hayes went and fetched a constable (To the Judge.) I have never had any quarrel with her—never had any words. I never take any notice of what she says.
To prisoner. You have abused me every time you met me on the landing. whenever you opened your door.
Police-constable SAMUEL BAILEY, 198 S. On December 31, at 12.30 a m., I was called in to 41, Mornington Crescent. Going up the stairs I could hear the prisoner indulging in a volley of abuse and when I got up to the stairhead I knocked at her door. There are two doors on the stairhead, one leading into prisoner's room and one into Johnson's, and there is a door Connecting the two rooms. I asked prisoner to open her door. She refused and said she wanted to burn the cow and her bastard. I was then taken through Johnson's room and found
that the partition door had been opened. The bottom of the door was partly burned, the place swamped with water, and there was a strong smell of burning. I told prisoner I should take her into custody. She was undressed. She said, "Then you will have to take me as I am." I said, "Well, it is very cold outside; I should advise you to put some clothes on," which she did after a good deal of coaxing. All the time she was dressing she kept on abusing everyone in the house. I took her to the station, she was charged and made no reply.
To prisoner. You passed the remark about the cow when I was on the landing before I got into the room. You were in your own room. The next morning you asked me not to tell the Magistrate that you had made use of that expression. (To the Judge.) She had been drinking, but she was more like a mad woman than anything else.
LILY MONTALTO (prisoner not on oath) said there were no fireirons or fender in the room, and the bedstead being large, there was a difficulty in opening the door, and she had to remove the ashes in paper, and that they had fallen out; that she had received notice to leave, but having a dog and a cat, had been unable to get other accommodation; that improper persons were in the house who had abused her; that she had no ill-feeling to anyone, but they were annoyed that she had found them out.
Police-constable BAILEY said he had been on point duty outside prisoner's dwelling for five weeks, and had often seen her drunk before breakfast, and had never seen her what you call sober. Her place was in a filthy condition. Her husband was in the room at the time. He was a waiter who had absolutely no power to control her.
Sentence, Twelve months' hard labour.
Mr. Sydney E. Williams prosecuted; Mr. George Elliott and Mr. C. H. Swanton defended.
Verdict, Not guilty.
NEW COURT; Friday, January 11.
(Before the Recorder.)
CAMP. Charles Frederick (26, barman), and BROWN, William (33. coal porter) . Brown, stealing several pairs of boots, a silver-backed hair brush and mirror, a candlestick, and eleven pickle-forks, the propertv of the London and North-Western Railway Company, and "Camp receiving same. Brown pleaded guilty.
Mr. J. P. Grain and Mr. Forrest Fulton prosecuted; Mr. Jenkins defended Camp; Mr. Percival appeared for Brown.
Police-constable EDWARD RICKSON, K Division. On December 19, in company with Sergeant Norris, I was in the neighbourhood of Old Ford Road about half-past three in the afternoon. I there saw Camp. He was carrying a parcel. I asked him what he had in it. He said, "Look for yourself," and handed me the parcel. I opened it, and found it contained a silver-backed mirror and a silver-backed hair-brush. The articles produced are those which I found in the parcel. I asked Camp where he got them from, and he said, "I bought them over the bar from a customer, a man called. Charlie or Bill, who works at a coalyard; I have not paid for them yet; I have arranged to pay eight shillings for them; this is the first thing I have bought over the bar, and I am very sorry." I took him into custody. At about half-past eight the same evening I was on duty at the Bow Road Police Station, and a young woman named Florence Sills came there and made a communication to me. From what she said I went to 31, Cressington Road, Stoke Newington. I was there handed by Florence Sills the eleven forks produced, and also this candlestick and shawl. She said these articles were given to her by Camp. I took the articles back to the police station and placed them on the table there. Camp was then brought out to be charged and he made a statement. Sergeant Norris was present and he wrote the statement down in his book and read it over to Camp, and he signed it.
Cross-examined. Brown is a coal porter. As far as I know what Camp said to me about having given eight shillings for the hairbrush and mirror is true. He is a respectable young man and of good character as far as I know. Florence Sills is a respectable young woman and of good character. Camp and she were keeping company. There has been no attempt to deal with any of the articles as far as the police know.
Sergeant RICHARD NORRIS, K Division. I arrested Brown. This is Camp's statement at the police station, which I took down in writing: "About a fortnight ago I bought these forks for four shillings from Brown. I bought the matchbox and candlestick about three or four months ago for two shillings. The shawl I bought from Brown about month ago for four shillings. I bought three pairs of boots from Brown, four shillings each pair, the first pair about seven weeks ago; the pair I sold to Mitchell was about five weeks ago; the pair I have got on I bought about two weeks ago. The mirror and brush were handed to me last Monday morning." Brown was present, and he said, "Quite correct." On the same day I went to the "Caledonian Arms" public-house (which is about 60 or 70 yards from the Old Ford depot of the L. and N.W. Railway), where Camp was employed as a barman. In his bedroom I found the pair of boots produced. This pair of boots produced is the one which was taken from Camp at the police station.
Cross-examined. The things that were before Camp when he made the statement were the forks. the candlestick, three pairs of boots, and the shawl. Those things being before him, he told me accurately where he had got them from.
Police-constable RICKSON, recalled. This pair of boots produced I found at 8, Waverley Road, Tottenham, where Camp's young woman's brother lives. The pair of boots now produced was handed to me by Mitchell the potman at the "Caledonian Arms." They were shown to Camp on the night he was charged, and he said he had sold them to the potman for 4s.
FRANCIS CROMPTON , silversmith, 33, St. James's Road, Edgbaston, Birmingham. On December 7 I dispatched a parcel containing silver backed brushes, combs, and other articles to H. G. Nathan, Ashdean, Woodford. The brush and mirror before me formed part of that consignment. The brush is worth 13s. 6d. and the mirror 22s. 6d. We received a complaint as to the articles being missing from the person to whom they were consigned, through Owen and Co., of Birmingham. The parcel was handed to Owen and Co. and dispatched by goods train.
Cross-examined. The total value of the contents of the case us £3 3s. 9d. We are manufacturers and we expect to make a profit of 25 per cent, on these things. The hair brush and mirror could not be purchased anywhere for 8s. The cost of the hair brush and mirror would be about 27s.
ERNEST WILLIS , carman, L. and N.W.R. On December 11 I took from the Old Ford depot a case despatched by Owen and Co. to Nathan of Woodford. I handed it to Carter, Paterson for delivery. I know Brown by sight; he Works for the coal people at the yard. All the goods from the goods trains are loaded out of the waggons on to a bank at the depot.
FREDERICK WILLIAM OSBORNE , partner in Tibbitt and Co., bootmakers. Northampton. On November 14 I despatched by the L. and N.W.R. a case containing 16 pairs of boots addressed to Mr. Payne, Woodford Road, Forest Gate. I afterwards received a complaint from the consignee. The pair of boots produced formed part of that package. On November 27 I sent off by the L. and N.W.R. a case centaining 21 pairs of boots addressed to Mr. Bayles, 155, Forest Lane. I received a complaint in reference to that package. The two pairs of boots produced formed part of the contents of that case.
EDGAR SEABRIGHT , carman L. and N.W.R. On November 20 I delivered a case of boots, received from Northampton, to Mr. Payne. He unpacked it in my presence, and found there were four pairs missing, and signed my delivery sheet to that effect. On November 28 I took a case to Mr. Bayles, of Forest Lane. He opened it, and found there were six pairs missing, and signed the sheet to that effect.
WILLIAM PAYNE , bootmaker, Woodford Road, Forest Gate. On November 20 I received a case of boots from the L. and N.W.R., sent by Tibbitt and Co., of Northampton. I examined it and found four pairs missing. The boots produced formed part of that case.
WALTER BAYLES , bootmaker, Forest Lane. On November 28 I received a case of boots from Tibbitt and Co. I opened it and found six pairs were missing. The two pairs produced formed part of that case. They bear my name, which was put upon the boots by Tibbitt's.
CHARLES F. R. CAMP (Prisoner, on oath). I have been employed for the last 10 months as barman at the "Caledonian Arms," Fairfield Road, Bow. Before that I was at the "Woodman," in Boleyn Road, and before that at the "Prince of Wales" in Lea Bridge Road. Previously I served in the army in South Africa for a year and nine months. There has never been any charge of any sort or kind ever made against me. I know Brown as a customer using the house. I knew he worked as a foreman coal-porter, but I did not know where. The first transaction I had with him was just over four months ago. He told me he was selling different articles, such as boots and things, for an agent of a club, and the agent was paying him so much for everything he sold. I was going to buy a small present for my young lady, and he said he could get me a candlestick, and so I gave him the order, telling him I did not want a very good one, as I could not afford much. I also bougiht a pair of boots from him for four shillings. The potman told me he wanted a pair of boots, and I gave Brown an order for a pair. The next thing I bought from him was the 11 forks. I gave 4s. for them; he told me they were just metal plated. Altogether I bought three pairs of boots from him for myself and one pair for the potman. I also bought the shawl, which has been produced, for 4s. The hair brush and mirror I had brought to me to pay for if I and the young lady were satisfied with them. I was to give him 8s. for them; he told me they were metal plated. I did not know at that time that they were silver. Those are the only things I bought. I was taking the brush and mirror to my young lady when I was arreated. I gave all the things with the exception of the boots to the young lady whom I intend marrying. I have never attempted to deal with the things in any shape or form. Everything I told the police was perfectly true. When I bought these things I had no idea that they had been stolen.
Cross-examined. I know that barmen are not allowed to buy goods overthe bar. I did not buy these things over the bar; I bought them in the bar. The brush and glass were handed to me over the bar. I bought the forks as a present for the young lady. Brown told me they were fruit forks. I did not tell my employer I was buying these things. When Brown brought the things into the bar wrapped up in brown paper I used to call the potman and ask him to take them up and put them on my box in my room. I used to pay for the things on Wednesdays, when I was off duty. I never paid Brown any money over the counter. My wages as barman were 14s. a week and board and lodging. I bought nothing from Brown but what you have got here. I
never made any inquiry as to who the agent was that he said he got the things from. I thought he was a respectable fellow and that the agent was an agent for one of the clubs that advertise in the papers. There are a number of clubs who employ agents to sell different things for them and very often the agent employs another agent to get customers for him.
FLORENCE SILLS , 31, Cressington Road, Stoke Newington. I have been keeping company with Camp for the last 16 months. He has given me presents from time to time. He gave me the shawl, the candlestick, and the forks as presents. He told me the forks were for picking up strawberries, and I said I had no time to pick up straw beries with a fork; I had to work too hard. They were given to me as a present, as I was going to be married. I had no idea the things were stolen properiy. I have always found Camp a respectable and honest and hard-working fellow and have never known him to tell a lie all the 16 months I have known him.
WILLIAM GLENSBURG , licensee of the "Prince of Wales" Hotel, Lea Bridge Road. Camp was in my service for 12 months as head barman. I found him to be a very honest, straightforward young fellow I never found him out in any act of dishonesty.
Cross-examined. Barmen are not allowed to buy or trafic in goods over the bar counter. That would be contrary to the custom in the trade. Verdict (Camp), Guilty, but recommended to mercy.
LEONARD FLETCHER , partner in Abbott and Co. Brown has been for 11 years foreman porter in our employment. For a considerable portion of that time he was absolutely in, a position of trust and I had no reason during all that time to doubt his honesty.
Sentence: Camp, nine months' hard labour; Brown, nine months hard labour.
DAY, Robert (29, painter), DESMOND, Paul (27, painter), MORTON, Thomas (29, scaffolder), and LOWE, Harry (26, bricklayer), pleaded guilty at last Sessions (see page 171) to larceny and receiving stolen goods, each confessing to a previous conviction. Witnesses were now called, who spoke well of Day and Desmond's conduct while out of prison.Sentence, each prisoner four years' penal servitude (as from December 10 lest). An order of restitution made.
THIRD COURT; Tuesday, January 8.
(Before the Common Serjeant.)
MUMFORD. James , hay and straw dealer; within four months next before the presentation of a bankruptcy petition against him upon which he was adjudged bankrupt did make and cause to be made certain false entries in certain books relating to his affairs with indent to conceal the state of his affairs; in incurring a certain debt and liability to the amount of £220 to Harry Burnett and Braham Barnett did obtain credit from them under false pretences and by means of fraud other than false pretences.
Mr. R. D. Muir, Mr. Arthur Gill, and Mr. J. S. Oddie prosecuted; Mr. Dickens, K.C., Mr. Stephen Lynch, and Mr. P. R. Simner defended.
GEORGE INGLIS BOYLE , messenger from the dejpartment of tile Registrar in Bankruptcy. I produce the file in prisoner's bankruptcy. The petition was presented on March 22, the receiving order was made on March 24, and the adjudication took piece on to, same day. The cash account was filed on October 12, 1906, and of goods account on the same date (alter the prosecution had been commenced). The statement of affairs was filed on March 31 and an emended statement was filed on April 27. The file also contains the public examination on May 18 and the private examination on July 14 and 23.
FREDERICK GEMMELL , corn merchant, 110, Fenchurch Street, B.C. I am a creditor in defendant's bankruptcy and was appointed trustee of his estate on June 16. I came into possession of a number of books and documents which belonged to him, a number of cashbooks, bought ledgers, a market book, a weighbridge book purporting to show the weight of goods weighed in the yard up to the date of the banknsptoy, a number of receipts for goods, and some van sheets, purporting to show some goods upon vans. There is no creditors' journal alter June 11, 1904. There is a work book down to August 2, 1903. The statement of affairs shows liabilities of £6, 829 6s. 6d. and assets exfected to produce £1, 624 0s. 10d. In the amended statement of affairs of April the liabilities appear as £7, 438 1s. 2d. and the assets £1, 586 16s. 10d., showing a deficiency of £5, 881 4s. 4d. Of the assets unclosed nearly the whole amount represents horses, vans, and harness, the only other assets being stock-in-trade £2, trade fixtures £3, sad book debts estimated to produce £6. The deficiency account filed by the debtor, purporting to be an account for the twelve months preceding the bankruptcy, commences with a deficiency—excess of liabilities over assets on March 23, 1905, £3, 124 9s. 10d. About July certain information came into my possession which led me to apply for a private sitting to examine the bankrupt. A private examination of Mr. Battey, Mr. Milbank, and Mr. W. Bacon was also held. After that these proceedings were instituted under the direction of the Registrar by the Director of Public Prosecutions. The goods account, filed on October 12, 1906, purports to show the goods bought by the bankrupt from January 1, 1906, to the date of the bankruptcy, and totals £.43319s. 11d. The total of goods sold is £2,506 1s. 1d., exceeding the goods boutght by some £75. The items are not entered from day to day, but in lump sums under the names of the sellers and pur chasers for the whole period. In the cash book I find an enfry of the receipt of £190 from H. Barnett on February 8; on February 15 £200 from H. Donaldson; February 17, £60 from Hawkes; February
19, £103 from Hawkes. On February 16 there is an entry of a cash payment of £42 11s. 7d. to G. Milbank; February 22, £1512 to Bacon; February 20, £26 2s. 3d. to Harris; February 24, £27 16s. 9d. to Harris; March 3, £5 12s. 2d. to Harris (not on the indictment); February 20, £31 17s. 9d. to Miller; February 22, £14 19s. to Merton; February 27, £25 to Merton; March 3, £15 to Merton; February 22, £19 18s. 7d. to Campbell; March 3 and 6, payments of £19 19s. and £14 9s. to Phillips; March 6, £15 11s. to S. Carter; March 13, £9 to Hills. Mr. Gill said these comprised the charges in the indictment, but evidence would be given of a few others for the purpose of proving intention.] Under date February 22, I find a payment of £5 to Beales; February 27, £14 19s. to Beales; March 1, £5 to Beales; March 3, £5 to Beales; March 13, £5 15s. to Cole; March 8, £15 6s. 6d. to Kirby; March 3, G. Rich, £13 1s.; March 8, G. Rich, £5; March 1, Stephenson, £17 3s. 6d.; and March 3, £2 (Witness also gave evidence as to the public examination.)
Cross-examined. I knew Gibbs was an old employee of the bankrupt's father, who toad started in business for himself and was indebted to the bankrupt in a considerable sum. A private company was formed to carry on his business, and the bankrupt and a Mr. Wilson were directors, Wilson taking first debentures and the bankrupt second debentures. Mumford never told me that Wilson, knowing there was a heavy debit due to him, had promised that if he go 15s. in (the pound upon his first debentures he would make up the debt as far as he could that was owing from Gibbs to Mumford. The debtor's business was a business in the Whitechapel hay and straw market. It is a largely-attended market and anybody can bring goods there. Mumford told me that one of the things be had bad to contend against was a very heavy rental of £570, and that prior to his bankruptcy he had been in negotiation with his father's trustees to get it reduced to £250. Arbitrators had been appointed, one making an estimate of £250 and the other an estimate of £320, the decision of the umpire being for £250. That would have given the bank a very good security for their £1,900, but upon the bankruptcy proceedings supervening the trustees would not proceed with the negotiations, and the result, was that the rental being as heavy as £570 the bankers did not stand upon their security, but proved for the £2,000 and the Official Receiver distrained on the lease. I know that when Gibbs wanted to enter into a contract for the supply of stone Wilson and Mumford became joint guarantees for £2,000. I understand that an action was brought against them on their guarantee and the money was paid, but Mumford owed Wilson his share, £1,000. I know that in January and February there were some serious failures in the corn tradepeople with whom Mumford had dealt and people in the trade began to be apprehensive. I agree that a consequence of that would probably be that in the case of a man having credit transactions if there was a doubt as to whether he would be the next to go he would find it very difficult
to get credit, and would have to go with cash in hand to buy.
After February, 1906, credit transactions with Mumford became very rare. He kept 14 horses, 12 of his own and two hired, which he fed out of the goods he bought. A large amount of hay and straw was seized under the distress for rent. I do not agree that a considerable amount of stock was sold at knock-out prices. I think some things fetched a very good price. There were 12 horses, 33 vans and trolleys, a (phaeton, and two traps, harness sheets, and all manner of stable sundries, a gas engine and chaff machine, a large number of sacks and a weighbridge. There was a large number of books, but as I said before the magistrate I could not tell whether there were 100 or 200. I know that furniture and other things were suddenly removed in order to prevent them being seized by the landlord or the Official Receiver. I have heard that the books were littered about all over the place. I was not appointed until three months afterwards, and all the books I know of were those which then came into existence. In the majority of instances the names of the people who sold do not appear in the weighbridge book. There are two weighbridge books, one weighbridge being used by the public. Tickets used to be taken by the carmen to persons to whom goods were supplied and signed for, and the counterfoil was brought back by the carman. The receipts produced do not purport to be receipts given to farmers who delivered goods. The cash book appears to have been balanced two or three times a week and the balance earned forward. The entries, whether accurate or not, must obviously have been made at the dates they purport to have been made, and not entered up afterwards. The market book purports to show the persons from whom goods were bought, and all the incriminated items are of that character. Prisoner debited himself with the goods on one side and credited himself with allowances for shortages and payments on the other. I know nothing about the system of book-keeping except what I have been told and what I have seen from the books.
SAMUEL CHARLES BATTEY , Newington. I was in defendant's employ as clerk from January, 1900, to March of last year, and dealt with the books. The goods bought in the market were entered in the market book, which was kept by another clerk named Holtaway. That book gives the names of the senders of goods to the market, the quantities, and the destination. When goods were sold a ticket was made out and given to the carman by the market clerk. That ticket would show the name of the buyer, the quantity of the goods, and the description. In the case of goods bought on the market the name of the owner was always filled in, but when goods were sold from the yard no owner's name would be given. Payment would be entered on one of the tickets, and that would be a receipt for the goods. The practice of putting in the owner's name who sold goods to Mumford was not always carried out. When the goods were delivered the ticket was given to the farmer by the carman, and that was the receipt for the goods. Occasionally goods were sent to a customer
direct from the market, and in that case the customer's name would appear on the ticket. The tickets were printed as representing goods sold by Mumford, and they were occasionally used for the reverse process when he bought the goods, the name of the owner being fitted in in the left-hand top corner. The ticket would then be given to the farmer or his carman, so that he might take it away. The goods would be received before the ticket was given and unloaded in the yard. The farmer or carman would have no other receipt for his ticket. When the farmer or carman came to be paid the tickets would have to be produced. After they had been paid the tickets would be filed away in packets according to their dates. The weighbridge book, in the event of goods coming to the market, would contain the owner's name, the description and quantity of the goods, and the weight. I Was usually present when the weighing took place. In the oase of goods cleared frorr railways, or any goods brought in, except from the market, the names of owners were not given. I kept what was called the work book. In the ordinary course, I entered in that book the farmer's name, the quantity sent, sad the destination of the goods, also the description, whether hay, clover, or straw. A book similar to that produced was in use down to (the time of the bankruptcy. The van sheets showed the carman's name and the customer's name. The goods were kept in vans until they were sold. A green book was also kept, which was in the nature of a journal. Holtaway made it up It showed the farmer's name and the quantity and description of the goods as copied from the market book. The price is shown here, not in the market book. The numbers of the trucks are shown and the goods cleared from the railway are also given against the farmer's names. The bought ledger and the red cash book are in the handwriting of the defendant. The farmers' names are shown at the top. Down to February, 1906, it showed the names and addresses of those persons. It also shows the date of purchase, the quantity of the goods, description, price, and the extension on the debtor side. The other side of the account showed how the liability was discharged Payments were shown from time to time, and when weight was found to be short deductions were made in respect of the shortage. Down to the middle of February, 1906, the entries were made from the journal. After February 9 certain entries were given to me verbally by the defendant. I am not aware that before February, 1906, Mumford made any entries himself in the bought ledger. I see in Merton's account, under February 17, an entry in my writing which was made on the verbal instructions of the defendant. I also find in the bought ledger the account of "Milbank, G., Duske's Farm, Roxwell, Essex." That account was in existence in the year 1900, when I find entries of the purchase of straw and clover and payments on account by cheque. Between April 5, 1900, and February 12, 1906, there is no entry. In the latter year there is a series of entries in defendant's handwriting: "February 12.—Four loads hay, two loads clover, two loads hay. February 14.—Four loads hay, two
loads clover." On the other side, I find entry of cash payment on February 16, £42 11s. 7d., with an allowance of £1 8s. 5d. st: shortages. I have also taken out the acconnt of George Bacon, of Upney, Barking, also an old account. It shows purchases of hay in January, 1904, specified to be paid by cheque, and a further transaction in October, also paid by cheque. From that time there is a break till February, 1906, where entries occur in the handwriting of the defendant, the amount of the transactions being £15 12s. The account of G. Harris, Billeriray, is a new account opened in February, 1906, and the entries are some in the handwriting of the defendant and soma in mine. The entries of the purchase of two loads of hay on February 16, February 17, February 19, and February 20, and one load on February 21, are in the handwriting of the defendant, and also on the other side of the account the entries of the payment of £26 2s. 3d. in cash, and certain deductions for abort weight, amounting to 8s. 4d. and 9s. 10d. The subsequent entries were made by myself, upon the verbal instructions of Mumford. On February 24 there is a payment by cash £27 16s. 9d., sad on March 3, by cash, £5 12s. 2d. There is an account in the ledger in the name of H. J. Miller, Gardner's Farm, Theydon Gamon, opened on February 16. The account was opened in June, 1900, and runs down to August 25, 1904. Up to that time the payments ware generally made to Miller by cheque; there is one item by cash amounting to £5 out of twelve transactions. Between August, 1904, and February, 1906, there is a break, and the entry on February 16 and he entries which follow are in the defendant's handwriting. There is an entry of four loads of hay, on February 16 two loads of clover, four loads on February 17 and one on the 19th, making a total of £31 15s. On the other side I find an entry. "By cash, £30 17s. 9d.," and the balance of 17a 3d. it shown to be discharged by short weight, of which particulars are given. I produce also a copy of this account of J. Merton, no address being given. The original entries are in my handwriting, and were made on the verbal instructions of the defendant. The account was opened on February 17, and there is a series of purchases of hay, clover, and straw on that date, February 20, 22, 24. 27, and March 1. That account appears to have bean discharged by a cash payment on February 24 for £14 19s., on February 27 £25, and on March 3 £15. That was an entirely new account, and the following accounts are also new. Next there is an account of Campbell without either initial or address. It is in my handwriting, and entered on the verbal instructions of the defendant, The first entry it February 20, two loads of clover; February 22, four loads; total, £20, discharged by cash payments on February 22 of £19 18s. 7d., the balance of 1s. 5d. being discharged by shortage. There is also a sundries account, from which I find entered some purchases from Phillips. That I entered on verbal instructions at before. There are purchases on February 20 and 27, and on this other
side there purport to be payments from March 3 by cash £2 5s. 6d., March 5 and 6 by cash £14 9s. and £2 19s., and there are small reductions in respect of shortages. The account of 8. Carter is another account I entered upon the verbal instructions of the defendant. This shows February 22 two loads of clover, February 24 two loads mixture, February 27 two loads straw; total, £15 11s., paid on March 6 by cash. I also opened an account in the name of G. Hills, under similar instructions on March 10, 1906. On that day I entered a purchase of two loads of hay and two loads more on the 13th; total, £9, paid by cash on March 13. I opened an account, in the name of Cole under the same instructions, and made an entry under March 13 of the purchase of two loads of mixture, total £5 15s., discharged by cash on March 13. (Witness also gave similar details in regard to new accounts opened in the name of Kirby. Jackson, F. Beales, W. Rich, and Stevenson.) With the exception of the names of Bacon, Miller, Millbank. and Harris in the list of names I have mentioned, I do not know any of these persons, and cannot identify them in any way. Before the middle of February, when these accounts appeared, I do not find accounts in the bought ledger without any addresses given with the exception of the sundries account. None of the accounts I have mentioned were entered in the market book-before they Vera entered in the ledger. The market book was usually entered up at the, time of the purchase of the goods. In the ordinary course it is the first entry of goods bought in the market. I have since entered them in the market book—some time after they were entered in the ledger; I could not say exactly how long. It was reversing the usual order of things to enter them in the market book after the entry in the bought ledger. Having entered them up in the ledger I wished to keep the record in order. The market book was kept by Holtaway. It begins on November 7, 1905, and I find that on no day are there purchases from more than two sellers before this down to February 17. According to the market book the only persons dealt with from November 7, 1905, to February 15, 1906, were Reynolds, Law, King, and Rose. On February 16 the new names that I have enumerated appear—Harris, Merton, Beales, Campbell, Kirby, and so on. Purchases outside the market were not entered in the market book. The transactions in February, 1906, with Millbank appear to have been market transactions from the fact that they are in the ledger in which market purchases are entered, there being two bought ledgers. Milibank's should therefore have been included; so far as I can find, none of these parcels in this multiplicity of accounts are entered in the weighbridge book as having been weighed. On February 20, according to the market book, there were purchase from Reynolds and King. These are entered in Holtaway's hanwriting. Then follow the entries of purchases from Beales. Campbell, Harris, and Merton entered by myself. We have a wharf at Blarkwall, and goods from the wharf are not entered in the market book. The only entry in the weighbridge book which corresponds
with an entry in the bought ledger is that of Reynolds, That was not a market transaction. If it had been the farmer's name would have been given. Taking the weighbridge book generally from the middle of February up to the bankruptcy I find that the names of king, Reynolds, and Rose appear from day to day, but none of the other names we have been speaking about. I have looked through the tickets in the possession of the trustee, those are receipts given to the farmers and then returned to the file, but I have not been able to find any of the tickets corresponding with any of the alleged purchases which are in dispute. I have also looked through the bundle of van sheets in the trustee's possession, but have not been able find amongst them the names of any of these persons. I have made out a list of the goods purchased by defendant from February 9 until the bankruptcy. I find that a good many of the tickets and van sheets are missing. I have extracted the purchases from the bought ledger. The total quantity of straw in trusses bought by the defendant during that period was 6,655 trusses. The quantity of straw on the vans on the morning of February 9 was 1,061, together a total of The quantity of hay for the same period is 11,887 trusses, making with the quantity on the vans on the morning of February 9 (665 trusses), a total of 12,535. In addition, there would probably be other stock in the sheds. The quantity of chaff for the same period was 300 bags.
(Wednesday, January 9.)
SAMUEL CHARLES BATTEY , recalled. As to the statement that none of the names I gave yesterday appear in the weighbridge book during the period from February 9 to the bankruptcy, there is one exception, the name of Phillips appearing on March 12. That, however, relates to the weighing of rags, and that if the solitary instance in which one of these names occur. The weighing to rags would be done on our public weighbridge. Since the case was before the magistrate I have endeavoured to trace the source from which the goods came that were sold by defendant from February 9 onwards, but I have been unable to trace them to any of the persons whose names are inserted in the bought ledger. I have seen Mumford's pass book at the London City and Midland Bank. On February 17 there is a cheque to Henry King, who is the person mentioned in the market book as supplying straw. I find cheques from the same person on March 1 and 7 0 March 2 there is a cheque (for £15 to Rose, who is a farmer, and supplied goods to Mumford from November, 1906, to the bankruptcy. On March 6 there is a cheque for £15, and on March 9 a cheque for £5. On March 6 there is a payment to Reynolds of £15. Reynolds is a farmer who supplied goods. There are also cheques to Messrs. Abbot, a firm of hay dealers, and to Marriage and Neave, a London firm of grain merchants and others. Defendant took receipts for money paid, and I have a bundle of them before me. These relate to goods brought from the railway and from firms in
London, but he did not always take receipts for money when the goods were bought on the market.
Cross-examined. The receipts are within the period between February 9 and March 23. I believe that Abbot and Co. would not sup ply any goods after the beginning of February unless a cheque was sent. Marriage, Neave, and Co. also refused to supply unless a cheque was sent, and the same with Rose. It was not the ordinary custom to give receipts for cash paid for goods bought on the market I know of very little money paid in the market, as most of the money was paid in the office. Sometimes a load of stuff would come to the yard without having been to the market at all. There would be a formal receipt if we bought on credit, but none would be given if cash direct was paid. I was not, however, on the market very often; My duties were entirely connected with the books. I entered into the ledger, and once every two or three months Mumford and I would check the cash book with the ledger. The cash book was entirely in his writing, and showed the money he had paid out and received on the market. The bought and sold ledgers were the ordinary ledgers showing the goods bought and sold. The premises in the Commercial Road consisted of offices, stables, and lofts; there was a depot at 242 Commercial Road for the chaff, and we also had a wharf. Goods from the wharf or rail would be fetched in defendant's carts or vans, and would sometimes be brought to the yard and sometimes taken direct to the market, and sometimes sent direct customers. I remember Friday, March 23, when the vane were taken away. Up to that time goods were being bought and sold in small quantities. As a salesman, Mumford had a stand appropriated to himself, at which he could have 30 vans. Farmers would sometimes send their carts straight to his stand and the goods would then be shifted from their vans into his own and taken straight away from the market to his customers. Our market stand was in Goulston Street, and defendant was frequently under contract to deliver goods. I cannot say that some of the goods purchase never came to the yard at all. I do not know whether it was the practice for Mumford to tranship into his own vans; that is not done on the market, but it was sometimes done in the yard The market is about 300 yards from the yard. I was at the yard practically all day. I think very little stuff was actually bought on the market. Very few farmers sent; only four altogether, as far as I know. There were failures on the market in January and February, but I am not aware that there was any panic and that people with whom Mr. Mumford dealt refused to supply him in consequence. I knew Badcock; his supply was about £400 a month. It was after the defendant's bills had been returned dishonoured that they refused to supply him on or about the middle of February. Farmers would sometimes come straight to the yard, where their goods would be unloaded and put in the loft, missing the market altogether. As a rule I had nothing to do with the market book, but I made entries
when they had been omitted in cases where goods came direct to the yard and missed the market. Mumford would sometimes write Instructions about transactions which were to be entered on a slip of paper. If there was no entry in the market book there could be no entries in the ledger, except upon the instructions he gave, or if goods came to the yard in a farmer's cart, that would be a market entry. A purchase from a salesman outside the market could not be a market entry at all, and would go into the rail-bought ledger, whether it had come by rail or not. There are a good many instances where there is not record of where the goods went. There is no entry with respect to goods that went into the yard. The market book showed the destinations for the time being, and the other book would show ultimate destinations. The weighbridge book was kept by other people besides myself. If a farmer brought a van of goods to the yard and was paid for them in cash the goods were weighed and put into the weigh book. I used to go to the yard at seven o'clock on two mornings in the week, and at nine o'clock the other mornings, taking it in turns with the other two clerks. I do not remember vane coming before nine. There were eight or nine carmen in February, as far as I can remember. There is no weighbridge at the market. There are many cases in which the owner's name does not appear in the weighbridge book. I cannot say whether out of 324 weighbridge tickets in 1906 there are 301 on which there is no owner's name, but you may take it from me that there is very large proportion. That occurs in all railway cases, but in the case of farmers the name is always mentioned. The tickets, "Received from Mumford and Son," etc. were in some instances a record of short weight. The ticket became a receipt by Mutnford by changing "from" into "by." The van sheets are a record of all the goods on the vans in the early morning, and do not show how many journeys a van makes in a day, or what goods are put into the vans in the course of the day. The sheet of Surridge, one of the carmen (produced) shows how many journeys a van makes; for instance, one sheet shows that on February 19 a van went out at 7.5 a.m., came back at 9.45 a.m., went out at 9.50 a.m., came back at 11 a.m., went out at 11.50 a.m., came back at 3 5 p.m., went out 3.10 p.m., and came back at 6.50 p.m. As to the bought ledger, I elated I did not know of any cases in which Mumford used to make entries in the bought ledger. (Defendant Was handed the bought ledger and proceeded to mark entries he had made between May 31 and June 21, 1904, between July 2 and July 12 and various other dates in that year and in 1903 and in 1905.) The entries in the dates marked by Mumford are in my handwriting, but the prices entered are in his. I did not know the prices at which the goods were bought. Mumford may have made some entries when I wee on my holidays. I see that it does contain entries of goods as well as prices made by Mumford. He had a safe in his office. I do not know that when he went on the market he used to take cash out of his safe for the necessary disbursements. I was
always at the market before he went there. I could not tell from his private cash book what payments he had made on the market as was kept in the private office and I seldom saw it. I could see from the other cash book that he was making money payments. During the latter part of February up to March 23 the business was going on in the ordinary course. During the last fortnight in February hay was being delivered at the yard from the railway, I think. I do not recollect from farmers. It is not the fact that during February and March the rail and the wharf business very largely decreased and the business was done more from the market and fanners' carts. I do not recollect, but the carmen would know. Q. If all the purchases during that fortnight, which contain seven market days, are, as alleged, fictitious, the only hay purchased during that period is 4 1/2 loads in 15 days. Do you mean to pledge your word that that was all the hay that was purchased during that fortnight?—From the market, yes. If the carters say there were several loads coming each market day in carts which were not Mumford's, they must have been farmer's goods. I know that in respect of any transactions on the market toll has to be paid, but not on rail or wharf goods. I have heard that during the fortnight toll was being paid on something like 70 loads of hey. I should have nothing to do with the unloading beyond giving orders. The entries as to the incriminated purchases were made by me except in four instances. I was not sway from the office at any time in February. If Mumford liked to make entries in the bought ledger of course he could do so. It did not strike me as odd. He did not leave the instructions as to the new accounts on a slip of paper on my desk, but told me about them verbally. I did that quite honestly, and thought it was quite an honest transaction, but it struck me as peculiar. I knew there had been difficulties by reason of some of the people having refused supplies Which should have come through the ordinary channels. I cannot recollect whether on the morning of Friday, March 23, vans went out delivering goods. The vans were taken away on the evening of that day after the place was closed. I did not know then that was done for the benefit of the creditors in order that the landlord should not get the full value. I find that the sales of March 22 were recorded in the day book, but there is no record of business done on March 23. As to my statement that I cannot trace some of the goods sold to their source, some of the day sheets are missing; about nine or 10. as far as I can remember. Among Mumford's customers were Lloyd and Son, Mscnamara and Co., Probyn and Co., Harbrow, Trueman, the Hackney Furnishing Company, Leftwich, White, Oakley, King. Chandley and Bossey. We sold mostly in London. The sales to these people were going on during February and March under yearly contracts. The sheets necessary to trace goods to their source are the van sheets and the work lists or day sheets. The work sheets give the details of the day's work. They only show what a carman took out and whom he took goods to. The day book would show the
name of the farmer who sold and the destination of the goods. Details of the whole work done are put into the day book and the farmer's name is given for every individual item. The work book is not forthcoming. I do not pretend that I can show the source of all the goods delivered.
Re-examined. If I had the day book which is missing I should be able to trace the source of all the sales in February and March. The old day book (produced) shows the vendor from whom Mumford purchased. As far as I can recollect the current work book was on the premises when I left on Friday, March 23, at six o'clock. I kept the book. I cannot recollect whether I made any entries on that day. The entries were made daily, and if there had been any business done—I should have made entries on that day. When I went back on the morning of the 24th the place had been cleared out with the exception of the books, which were scattered all over the floor. Borne of the—work sheets and carmen's sheets being missing, there is no document Which would assist me in tracing the source of the sales. From the sheets which are not missing I am unable to trace the names of Harris,. Campbell, and the Others, as the source from which the goods came. With regard to the tickets, when used as receipts) by Mumford the word "by" was not always struck through, and would therefore appear as a receipt by Mumlord and Sons. (Witness was examined upon a number of tickets with a view to ascertaining whether they showed the name of the vendor.) The name of the vendor was shown in the case of market transactions, but not in the case of goods received from the railways, the name of the station consigned to being then given. With regard to Beales and others, the short weight shown on the ticket would have been recorded in the weight book if there had been a genuine transaction, but there is no trace of them in the weight book at all. Payment by cheque was the ordinary method before the bills were dishonoured about the middle of February, and that caused some customers to refuse to supply goods except upon payment. I know nothing of any panic on the hay, market. As to the statement that entries were sometimes made in the market book when goods missed the market, it was sometimes arranged that farmers should bring goods direct to the yard; in that case they would not go to the market, having been already bought, but would go forward. I would also make entries in the market book when there bad been an omission to enter a purchase made on the market. February, 1906, was the first time I made entries of this particular class in the bought ledger, which is also called the market ledger. No goods are entered in that except goods that come from farmers or are bought in the market. Goods coming from other sources, the railway and from other salesmen, are entered in a ledger of their own. The premises were open at six in the morning, and the men got ready for bringing the horses out. Hay was very seldom brought in between six and seven. If there was it would be weighed
by the man in charge, the stableman, or the yard foreman. There was always a clerk at the yard at seven o'clock. Witness gave forthr evidence as to the entry of goods and prices in the bought ledger by defendant. Asked as to the practice with regard to tolls, he said the practice was to make a number of entries not always agreeing with the goods sold, so as to make a good show, as though some business had been done. The toll was sevenpence per load of hay and one penny per load of straw.
GEORGE MILBANK , farmer, Duke's Farm, Roxwell, Essex. I have known defendant for some years, and have upon occasion sold hay an straw to brim, the last time being seven or eight years ago. I did not sell him any on February 16 last, and did not receive a sum of £42 11s. 7d. from him on or about that date.
Cross-examined. There are other farmers named Milbank. In my dealings with Mumford I have found him to be a straight man. I have dealt with the firm for perhaps 20 years.
EDWARD HOLTAWAY , Carlisle Road, Manor Park. I was in defendant's employ from January, 1896, till the bankruptcy, as clerk and traveller. Amongst other duties I attended the market, going there about 9 or 9.15, Mumford coming about 10 o'clock. I remained with him all the time he was at the market unless he sent me away with a message or something of that sort. I kept the market book produced, which shows transactions from November 7 to the time of the bankruptcy. There are entries of purchases from Reynolds, Law. Rose, and King, mostly in my handwriting, but some in Battey's. I never knew of any other names but those four. I saw the goods in nearly every case. I did not know Beales, Campbell, Carter, Cole, Hills, Harris, Jackson, Kirby, Merton, Matthews, Mil-bank, Phillips, Rich, or Stephenson, nor anything of the transactions with them shown in the ledger. Battey kept the work book, from which I used to book up my ledger. I last saw the work book on the evening of Friday, May 23. It was then on the desk. I never saw in the work book any of the names you have mentioned. I have made out an account of Mumford's sales from February 9, 1906, to March 22, at the request of the Treasury. The quantity of straw sold during that period was 6,332 trusses; hay, 7,362 trusses; chaff, 240 bags.
Cross-examined. I cannot say if the object of getting out these purchases and sales was to try to show that alter making every allowance there was a surplus unaccounted for. I should think the list took me a day and a half to make out. (Witness was Cross-examined as to the details of the account.) I have not credited the sale of 60 bags of chaff to Robert Boulter on March 22, it not being in the ledger. If it had been carried out in the ledger I should have done so certainly. I have not in the hay account credited 18 trusses to Davis on February 27. I have not credited on March 22 36 trusses of clover and 72 of hay sold to Osmond. These are in the day book, but not entered in the ledger. An entry on February 20 for three loads of hay, representing 121 sold to Leftwich, is by error entered
as 12. In the day book there is an entry in March of 60 bags of chaff to Sheehan and Sons, but the last entry in the ledger it February 24. (Witness made similar admissions with regard to 40 25. trusses of hay to Lipton, February 24, this item being tower in 26. the ledger, 40 bags of chaff to Dotheridgo, March 22, 65 trusses to 27. Young and Co., February 14.) I have given no credit for any part 28. of the purchases which has been used for the horses. A large quantity 29. of chaff was seized at the depot, and I believe there was a good 30. deal of damaged stuff in the lofts. On the morning of March 23 31. there were a few carts going out as usual, but the amounts of the sales 32. have not been credited to Mumford. Some of the vans taken away 33. by the Official Receiver had goods on them; these also have not been 34. credited. With regard to straw, 43 cwt to Dickerson is not included 35. in my account, though it is in the ledger. That was rye straw. I 36. do not recollect whether I have omitted all the rye straw. I had a 37. good deal to do at the time, and that might account for some of the 38. mistakes. (Witness admitted other errors.) Sometimes the market 39. overflowed into the surrounding streets. Mumford had a stand for 40. 25 vans. There were some very big salesmen there. Anybody could, 41. ring goods on to the market if they paid the tolls. Any transaction 42. that did not come under my own observation would have to be inserted 43. in the market book on information given by Mumford. I 44. never knew the names in these transactions which are now incriminated. 45. I did not know at the time that these transactions had taken 46. place. There were two safes. Mumford has sent me to hit private 47. safe to get cash when he has been on the market, but only a few 48. pounds. There was no entry made in the market book except of 49. goods that came on to the market, so that if he made a private bargain 50. and the goods went to the yard it would not appear unless he 51. gave instructions regarding it. Hay and straw were being unloaded 52. from farmers' carts in February and March, but I should not say in 53. any considerable quantity. It is the practice with regard to 54. tolls to increase the actual quantity payable, and to make. the names illegible 55. in order not to show who the customers are, and also to give 56. imaginary names as vendors.
(Thursday, January 10.)
SAMUEL CHARLES BATTEY , recalled. Since the previous day I have been through the whole of the bundles of tickets, and and up to the end of 1905 that 23 of them are receipts for goods received by Mumford and Sons. Three receipts in 1906 relate to the receipt of goods making in all 26. The bulk of the tickets, therefore, are receipts for goods sent out by Mumford. I have traced the entries in the market book, which are admitted to be genuine transactions, and have been able to trace the tickets relating to some of them, those cases in which the farmer has not been paid for the goods and has not returned the receipts. The names of the vendors in those cases
are Reynolds, Rose, and King. Either the farmer has not applied for the money or has not handed in his tickets. Those accounts are still open and the farmer holds the ticket as his voucher. In all the other instances I have found tickets, and in each the name of the farmer is on the ticket. In making out my list of goods purchased from February 9 to March 2, I included the chaff, which I found to be 300 bags. In addition there were on the vans on the morning of February 9 214 'bags. The carman's sheets were made out by the three clerks at various times. Carmen's sheets were made out for March 22 and 23, and show that there were carted away from the premises 44 trusses of hay and 202 trusses of straw on March 22, and 100 bags of chaff and 39 trusses of hay on the 23rd, also corn and bran. As to the suggestion (that there was a considerable quantity of hay and straw coming from other dealers and railway stations in the six weeks previous to the bankruptcy, the records are to be found on the van sheets and day book, and also in the missing work book. To (take an instance, the carman's sheet for February 28 shows that 60 trusses of hay were carted from Commercial Road Railway Station and six (bales of rye straw. There is no market case on the sheet. There is a market case on February 24, when there was loaded oj van 72 trusses of hay from Reynolds. I know what the horses consumed, as I had the ordering of the stuff. They would consume is a week about 60 trusses of hay and clover, about seven sacks of corn, and 14 trusses of straw.
Cross-examined. There is no record of what the horses consumed, but they always had the same amount. The sheets show the source of the loads. Taking Surridge's sheet for February 28, it shows 63 trusses of barley straw from loft; second and third journeys, also from the loft; fourth occasion from the Commercial Road Station. I did not say the vendors' names were given on these sheets. I can trace two instances to the vendor which came direct to the yard and were (loaded on to the vans. The one from Reynolds is a market entry, but I cannot say whether the stuff went to the market or not I also trace 72 trusses of hay from King.
Re-examined. The market book shows a purchase from Reynolds on February 24, 72 trusses of hay, which corresponds with the car man's sheet. I find also two purchases from King, 72 of straw, corresponding with the carman's sheet. Those are both marked, "Purchases in the market."
EDWARD HOLTAWAY , recalled. For the purpose of making out a list of the sales from February 9 to the date of the bankruptcy, I was supplied with a copy of defendants goods account, which purported to show all the sales he had made from January 1, but did not go further than March 20. I subsequently made an analysis of it under the head of hay, straw, etc. As to the 60 bags of chaff to Boulter, the date of that transaction being March 22, it is not is my account at all. The 18 trusses of hay to Davies, of Feather Mills appears under straw. The sale to Osmond, of March 22, is also not
in the account supplied to me. As to Leftwich, I have put 121 trusses of hay in the original statement, and that it appears as 12 trusses in the analysis is the fault of the copyist. The tale to Lipton of February 24 was omitted from the original account, so does not appear in the analysis. The sale to Dotteridge is not in the goods account, and the same observation applies to others. I cannot speak as to the quantity consumed by the horses. As to damaged stuff, have always seen some in the stores that has not been used. I should say it had been there some months. It was of value, as at times it could be mixed with good stuff. The entries of the stuff that went away on March 22 and 23 are respectively in Battey's handwriting and myself. They read ell that went out. I appear to have been on duty early that morning. That is all that I sent away. Mumford used to leave overnight instructions as to vans going to certain customers. A van never left the yard without an entry being made. As regards the straw, the two bales of rye straw to Dickerson on February 17 is not in the goods account, nor are the 36 trusses of straw on February 24. (Witness was further examined in great detail on the particulars of the account.) As to the statement that lage sums of money were taken to the market out of the safe by Mumford, I never knew him to keep any large amount of cash in his safe. He has sent me once or twice to take money from a little canvas bag that he kept to take out money, but I never knew him to have more than three or four sovereigns and some silver in it. He used to go or send to the bank and cash cheques payable to self. I believe I have sometimes taken out £40 in gold. It was a practice to enter in the toll book more goods than were in fact purchased on the market. If I had really nothing to enter I would enter perhaps 10 loads. The toll was 7d. for hay and 1d. for straw—a very small matter. The object of that, I suppose, was that Mr. Mum-ford wished to pay his fair share of the tolls, and, not baffling much to enter, he entered more. The toll book is not, therefore, a trustworthy record of the business done on the market. When I put down unintelligible or fictitious names I make them up often out of my own head. I have known of goods bought on the market on the farmers' vans being transhipped on to Mumford's wane without their going to the market and being weighed.
HENRY JOHN MILLER , Gardner's Farm, Garnon, Essex. I know the defendant, and have supplied him with goods. I did not supply him with hay and clover on February 16, 17, and 19, 1906. I did not receive from him on February 20 a sum of £30 17s. 9d. The last transaction I had with him was about two years ago.
WALTER GEORGE BACON , 3, Sparshott Road, Barking. My father, the late Mr. Benjamin Bacon, hay dealer, Upney Farm, near Barking, supplied hay to Mumford. My father died on January 5, 1902, out had not carried on business since 1900. I do not know of any other Mr. Baron, of Upney. I did not receive £15 12s. from defendant on February 12 of last year, nor supply him with any hay in that month.
WILLIAM HARRIS , corn and hay merchant, 23, Victoria Road. Romford, and of Jackson's Farm, Billericay, also gave negative evidence in regard to supplying and receiving money from the defendant in March last.
EDWARD EDE , clerk in the Whitechapel branch of the London and Westminster Bank, produced a copy of defendants account from November 1, 1905, to March 23,1906, showing that the last payment into the account was on February 14, 1906, of £10 17s. 6d., which cancelled the overdraft, and left a balance of £1 16s. 5d. to his cedit, also a list of cheques, 13 in number, dishonoured by the Bank in December. January, February, representing a total of £893 16s. After February 14 the account was not operated upon in any way.
Cross-examined. Some of the dishonoured cheques were taken up.
WILLIAM DAVID NORMAN , of Norman and Son, 34, King Street, Cheapeide, spoke be his firm having received instructions from King and Hudson to levy a distress for rent at 242, Commercial Road, on behalf of the landlord. They took possession on March 7, 1906, and eventually sold the stock upon the premises.
WILLIAM ROWLAND SELL , horse auctioneer, Royal City Repository, Barbican, spoke to taking possession of defendant's goods at 63, Commercial Road, on March 13. These included some clover and straw, and the horses and vans used in the business.
Detective Sergeant JOHN ASHLEY, Criminal Investigation Department, New Scotland Yard, spoke to making investigations as to the whereabouts of a number of persons selling hay and straw on the Whitechapel Market. He was unable to trace anyone of the name of Beales, Campbell, S. Carter, Jackson, Kerby, or Merton. He found traces of a person named Phillips, who committed suicide on March 14, 1903. He formerly resided at Muckingford, in Essex. He found one Rich at The Pines, Alexandra Road, Romford. Stephenson he could not trace.
Cross-examined. He found a great number of Milbanks. They seemed to be all over the place.
JAMES MUMFORD (prisoner, on oath). Prior to my bankruptcy, I had carried on business as a hay and straw salesman at Whitechapel Market. My stables and yard at 63, Commercial Road were at some distance from the market. It was usual for salesmen, as occasion
required, to use each other's weighbridges, for which a fee of 3d. would be paid. My books show that a large portion of my hay purchases were turned into chaff at the depot, 242, Commercial Road. Hay sometimes went direct to the depot. In 1896 my father retired, an I took over the business of Mumford and Son for £10,000, the terms being that I was to pay 10 per cent, and pay off the purchase money by instalments of £100 as I could. The premises were rented at £570 a year, and I mortgaged the lease to my father as security for the £10,000. The market has an old charter, and last year Goulston Street, where my stand was, and some adjoining streets were recognised in the decision of the High Court. It is an open market, and any farmers or others can bring hay and straw to that market. At the time my father died I had paid off £700 of the purchase money. My father left me £5,000, so that at that time I was owing £300 to his executors. In order to get a remission of the 10 per cent. I borrowed the money of the London and Westminster Bank at 1 per cent, over the Bank rate. Paying the bank off by instalments of £250. I reduced the amount to £1,200 In the year 1900, but I had reason to again increase the loan, and at the date of the bankruptcy I owed £1,900. The business proceeded in the ordinary way down to January last. Then there were bad times in connection with the trade which caused some uneasiness on the market, and we were all looking out as to who would be going next. A number of people stopped sending me hay and straw; others continued to send for cash only. That position of affairs affected me. Among those who stopped sending were Ridgley and Sons, of King's Cross, London agents for Keeble Brothers, E. Underwood and Sons, and Gammon Gammon's account was about £160 a month. Rose and Sons continued to supply for cash against goods. Badcock's also stopped sending. Their account was, roughly, between £400 and £600 a month; it would vary. I had contracts running at the time for the supply of various yards and big consumers, and it was necessary for me to supply these people, and I looked round and got supplies wherever I could. That, of course, put me to some financial trouble, and I borrowed £190 from Mr. Barnett, £200 from M. Donaldson in cash, and £60 from Mr. Hawkes between February 8 and 17, which was the crucial time with me. I had been with the London and Westminster Bank a good many years, and had a large account with them. About that time a new manager was appointed. I had an overdraft, and about February 12 they intimated to me that they would not allow the overdraft to continue. At that time I was paying off the loan at the rate of £75 per month in two monthly instalments of £37 10s., which were deducted from the account as they fell due. The last payment in was one of about £10 on February 12.
(Friday, January 11.)
From the time of my last payment to the London and Westminster Bank I paid cash for my purchases, except on a very few occasions.
As to the practice in purchasing, goods would come to the market, and as soon as they were delivered I should pay cash for them. Sometiimes goods did not go to the market at all. I might, perhaps, be walking down the road after the market was over and see three or four loads standing at one of my neighbour's stands. Then a man would come across and say, "Can you do with these, Mr. Mumford?" "Yes, what price?" and we should agree a price. Generally I got them for a bit less than was asked, have them put down in the yard, unload them, and pay him for them. Or they might be sent to the chaff depot without coming to the yard at all. Sometimes I would buy from sample, or I might say to a well-known sender attending the market, "Can you let me have a couple of waggons of best meadow next market day?" and they would come to the yard in the early morning and be unloaded, or it might be part of a rick I was offered, say, at 60s., and I would say, "What are you talking about? The out-side value of it is 55s" It usually resulted in a deal, and the owner would be told where to send to. At the market the goods would be transferred from the sender's vans on to mine. The unloading might be done in Goulstone Street or Commercial Road or any side street I prefer sending to customers in my own carts to sending in other people's. We are allowed an hour after the market is closed. If a man has not sold by that time a price is arranged, and he generally agrees to reduce the figure. I might perhaps be asked to give a price for the remainder of a rick or for a whole rick, and that would be stuff not bought on the market at all. In such a case I should make a note of the transaction on a slip of paper and place it on Battey's desk for him to enter up. I had my own private market book, which, unfortunately, is missing. If it was here I could clear myself in a moment. If a transaction did not take place on the market it could not possibly get into the market book unless I gave instructions for it to be put there, because it would not be seen by the clerk. In some instances I should book direct into the goods bought book and I should report to Holtaway that I had bought so-and-so and put a slip on Battey's desk for him to see that it was booked into the ledger in the proper manner. I could not run away with these loads. There are a great many of these slips. I did not have time to thoroughly search all these papers. There are two great boxes full, but we did find a considerable number, and there is any amount more. It would have taken us no end of time to find all these papers, but they are there. (A number of slips were produced.) If I wanted to know a thing was done I wrote instructions on a slip and popped it on a file. I do not stop in the office all day; I am travelling about, and I leave instructions in the office. In the market book which I carried I entered every transaction I had on the market. For 30 years I have carried these books. As to the removal of the furniture and so on, on Friday night. March 23, I went home at my usual time. On Saturday morning when I arrived the gates were locked and everything cleared out. The vans and horses were pone. In the office were my two safes and my two desks, and all over the place was strewed with books and
papers. I went to the safes and got out the books and put them on the table, but I was broken-hearted, and I walked away. I went on to the market, as the Official Receiver had told me the day before he would send the clerk up with the wages, because I had told him I had not got any money. I was told the man had the money for the wages. The windows of the office, which were up to my chest, were one mass of books and papers. I never looked at them. I was too upset and went off home. The private market book I was in the habit of keeping on my desk in the private office, not in the safe. It was open for anyone to see, and the petty cash book as well. The removal of the furniture was done by the Official Receiver, who sent an army of men, who ransacked the place and tore it about. On the Friday night everything was there. There was not a single book or paper touched when they came and took possession. I never touched one on the Saturday. Why should I? If I had touched one I would be guilty, but I am not In the private market book there were two columns, and I used to start the day with the cash in hand—£10 0s. 7d., or whatever it was. After my troubles had commenced, I took considerable sums on to the market, but before that I could walk into the bank and draw what I wanted. When I got on to the market a man might come along and say, "Will you buy this P "Yes; want your money?" As soon as it is unloaded." They would be unloaded, I would pay, and away the man would go. Then I might purchase something else, and make a note of that so as to keep the accounts absolutely accurate. That is how my market book was carried out—an absolute record of the work that I did. I myself posted the market book into the white cash book, which was a record of moneys paid out. This latter book was balanced every Tuesday, Thursday, and Saturday after I left the market. The red cash book would be posted from the white cash book, and occasionally entries would go direct into the red book. The market book would also contain credit transactions. The balance shown in the white cash book after market day would go direct into the safe. Transactions after market or on non-market days which would not reach that book were entered in the red cash book. The red book contained everything that appeared in the white book, and also all the transactions done on or off the market, and also cheques received or paid and cash sundries from the day book. From these books entries were made by the clerks into what are known as the bought and sold ledgers. I have many, many times posted entries in the ledgers. It was my contiinual custom in the morning. The green bought book should show all the goods coining to me by road or rail, from the wharf, or anywhere, but it is missing. The real name for it is the bought day book, not the creditors' journal. The creditors' journal would apply to things that were not cash; supposing the Great Eastern Railway advised us of things coming to-day; that is booked into the rail book, and that rail book is a record of the trucks that arrive. That book is also missing, and what I want to know is, why? The information contained in that book can be obtained by anybody
from the railway companies. I produce one of my old market books which will show you I am telling you the truth. Every scrap of this is in my handwriting. The clerk's market book contains what he saw and what I told him to enter. Holtaway would go on to the market with this book under his arm; perhaps nothing had arrived at the time I got there, somewhat later; he would make a note of what was arriving in the book, or if I told him to book anything he would book it, if he had missed it or I had sent him away at the time. If I bought off some one else's stand that would not necessarily get into his book at all. If it was after four o'clock he would perhaps be gone, if it was his day off, and it would be sufficient to have that booked in the green book without troubling him about it at all, as I do not psy toll on that. If I bought goods forward to arrive at a certain time they would not go into the book at all. The object of the tickets is that the entries in the books may be promptly checked, and then they have to be filed. They are receipts from customers, because it is a proof that the goods have been delivered. The form was not applicable to goods bought, but it might have been used occasionally. It is not the custom to give receipts for goods bought in the market unlets a man asks for a receipt. I have some gentlemen coming who will prove that Neither is it customary to give receipts for money. Those that you showed me yesterday were instances where customers insisted upon having money before they delivered the goods, in consequence of the position I was in, and the others are where they sent the receipti back afterwards, or gave them at the time, but we have never asked for a receipt for money. The van sheets show what is on the vans on the morning of tlhat diay. These lists were made out overnight and con-leted the next morning. I was an honourable man and wanted to complete my contracts. To keep my name I must keep them going. It was essential in order to keep my customers to get goods somewhere. If I did not carry ouit my contract I should not get an order for the following week. As to weighing, if goods were brought from the rail, say the Devonshire Street Station of the Great Eastern Railway, and loaded on our vans, they would be weighed on our bridge to show that the quantity they had brought home was correct. Sometimes they never came to the yard at all, but went to other firms to be weighed. The weighbridge book does not in any way represent the amount of business done from day to day. We weighed for other people and the public weighings are three to one of our own. The amount paid by those who used the weighbridge appears in the cash book. Once a week or once a fortnight it should have been paid. With regard to the advances I received, the £200, £190. and £60, Barnett's £190 on February 9 is the first entry under the balance, £59 7s. 11d. £90 was paid to the London and Westminster Bank and £100 to the London City and Midland, as the books show. Donaldson's £200 on the 15th was in gold and put into the safe. The balance shown on February 14 is £84 11s. 7d. At the close of February 15 the balance is £266 1s. 1d., including the £200 of Donaldson. The figure is from the red cash book, and shows the cash in hand. Hawkes' is the
same as Donaldson's; it appears there, and also went into the safe. At the time I obtained these various advances I was short of money. West's £100 went into the safe, the same as the two previous ones, and also appears in the account. With regard to the money that went into the safe, Donaldson's and Hawkes' I used for the purchase of goods. Barnett's went into the two banks and I used it in my business. As far as I am aware, all the sums I drew out appear in my trade books. I heard from Mr. Barnett, the solicitor to the trustee, that there was one missing, but if to I have no knowledge of it. West's £100 I gave him back. He I owed £350 and interest and I agreed some years previously if at any time called upon to assign him my three policies of insurance. Being short of cash I asked him for a further loan, and he insisted on having the security. I told him the three life policies on the London Life were worth about £750. He made inquiries and ascertained that the value of the policies was £442. I had already borrowed at the London Life Association £270. and given them a first charge on their three policies. When West informed me of the fact that they were not worth the money, and insisted that I should give him the £100 back. I did; and that amount is part of the £241 1s. 4d. the trustee alleges I had when I was cleared out. The balance ought to be £141, and that represented my personal drawings for three months, not a very exorbitant amount considering that I paid Mr. Batty, Mr. Holtaway, and the others, and there are some amounts paid out that are not entered. With regard to the incriminated accounts, as near as I can remember on Saturday, February 10, a man calling himself Milbank saw me on the market, and I agreed with him to purchase four loads of hay, two loads of clover, and two loads of mixture. I was buying goods at the time he came along, and I said: "Have you got any stuff to sell?" He said, "I have got some hay, clover, and sainfoin." I fancy I asked him his name, and he said Milbank. This is market overt, where you can buy and sell at you like, and not a market where you have to register names. On Monday, February 12, the eight loads were brought to the yard, as far as I can recollect. It is rather a long time since last February, but I have a faint recollection of the transaction. I said to him on the Monday, "Have you got any more of these?" because they were worth the money and I wanted some more for my contracts. He said, "Yes; I can bring you four, more loads of hay and two of clover on Wednesday." I said, "At the same price?" He said, "Yes." I gave him a drink, and he brought the rest up on Wednesday. I found some shorts and all that appears in the book. On Friday, the 16th, there is an entry of a payment of £42 11s. 7d., which I paid to the man in my office, 63, Commercial Road. I told him about the shorts, which were arrived at from the weights of the goods. They were weighed at the yard and the weights were put in the weight book from the slips. When these Roods came to the yard they were not alwavs weighed in the weight book; they were weighed on slips to check the country carts and
when the weight was ascertained it would show the amount of shorts. When the goods were sent out from the yard they were weighed properly for the customers in most instances. It was not the custom to keep the slips after the transaction, as between vendor and purchaser was completed. If I was not there, pieces of paper, when the carts were weighed, would be placed on my desk, just as a record for me, in case the man called for his money. The payment to Milbank appears in the red book; it does not appear either in the market book or is the white cash book, as it had nothing to do with the market. When the book was balanced on the Monday morning the slip in the cash bag in the safe showed £42 11s. 7d., and it was put in to make it correct. The balance that night was £2122 10s. Where there were market transactions they appear in the white cash book. As to why I put the account under the name of Mr. Milbank, of Duke's Farm, Roxwell, it was a matter of indifference to me which Milbank it was, as long as I squared my account. There are at least four Milbanks in the book; I am not sure whether there are not five, and I know several more of them. The Milbank who was called is not the man I bought of. I saw that at once, when I saw him at the police-court. I took no receipt for that payment. I have the money by me, having the day before received £200 from Donaldson. On the same day I drew £60 from the London City and Midland Bank, so that I had got £260. I did not make a sham entry and put the £42 11s. 7d. in my pocket. It is absolutely impossible to trace all the goods sent in, but to the best of my recollection some of these goods went to Macnamara for their contract, but I am not standing up here to tell a lie, and I cannot swear where the things did go. With regard to Bacon's account on February 16, I bought twelve loads of straw of a man calling himself Bacon at a very low price. He was to send up four loads on the 16th, four on the 17th, and four on the 19th. The 19th included 18 trusses of rough, or chaff hay. I see it is marked here Baker. I cannot say whether it was Baker or Bacon, but it was a matter of indifference to me. I had the goods, and I paid the money, £15 12s., on the market. That includes an arrangement to give him 4s. for the extra 18 trusses. On the whole, I reckoned it was worth £1, but he wanted an extra. 4s., and I paid it to him. I entered the transaction in my market book, and then from there is go; into the white cash book. I had never seen the man before, and in entering the account under the name of Bacon did not mean to imply that that was the Bacon. As to Harris, as far as I can remember, I bought 13 loads at 59s. He wanted 60s., but I agreed, to give him 59s. He wanted to sell me some more, and I got a reduction of 1s. 6d. because it was not quite so good. On February 21 I paid him by cash. I recollect about that, because he said he had another load coming on the road. He wanted £30, and I gave him £26 2s. 3d. in the private office, including the single load. That £26 2s. 3d. appears in the red book alone. On February 24 I find payments for five deliveries, £28 6s. 7d., and they appear in the white book and the red book. On March 3 there
is a payment of £5 12s. 2d., there being a shortage equal to 2s. 10d. I entered the transactions under the name of G. Harris, Billericay, because the man said hit name was G. Harris, of Billericay. I do not care what name it is. We have one sender in four names who might bring stuff from four different farms, and wishes to keep his accounts separate. As to the purchase from H. J. Miller on February 6 of four loads of hay and two loads clover at 55s. and 70s. respectively, that was a market transaction, and we stood out about the price of the hay until he said he had a couple of loads of very fine clover, and if I would give ham 70s. for the clover he would make a deal for the hay. I was a bit short of staff, and I said, "Send it along as quickly as you can." On the 17th there are six more loads. The payment of £30 17s. 9d. on February 27 appears in the white book. I recollect having a bit of a bother with Harris, of Billericay. We had been very good friends, but in a previous deal I let him have £20 instead of £14. I practically lent him £6, and I had a bit of trouble to get the money. That was in October, 1902, and I could not get the balance back until 1904. The Harris I dealt with in 1904 was not the same man. That account was closed. I did not want to do any more business with him. "With reference to Merton's account, I bought from him two clover, two hay, two sainfoin on February 17, and on the same date there is also one of clover, and other entries on the 20th. On January 26 there is entry of a payment of £14 19s. The buying was a market transaction, and would be recorded in my market book and in the white book. (Witness gave similar details in respect of the other incriminated transactions.) The remarks I have mads as to the incriminated transactions apply to the other transactions which are impugned. They were all genuine. I had 12 horses and two additional ones hired. They were heavy draught horses, second to none in London, and that is exemplified by the prices, £55 and £57, they fetched at a forced sale. In the so-called shortage there is no credit at all given for the feed of the horses. As to Battey's estimate that they would consume five trusses a day, if that can be done I do not know anything about horses, and I have been accustomed to them all my life. Each horse would require 3 1/2 trusses per week. My own cob was fed separately. Then there was the straw for bedding, each horse half a truss three times a week. On March 23, when the receiving order was arranged for with my creditors at the Bankruptcy Court, there are three entries, but the entries are not completed. I think the clerks must have had a lark when I was away. They must have thought everything was done with, and did not care what they did. Trade was going on right up to the bankruptcy not so heavy as before, but still going on, and I had every hope we should be able to pull it through and arrange. The day before Mr. Barnett said, "It is all right, Mumford, we shall not make you a bankrupt," and I went home contented. The negotiations for the reduction of the lease were practically completed. When I took
the place the taxes were 3s. 4d. in the £, and when I went into bankruptcy they were 9s. 10d. in the £. That was in Stepney, where unfortunately I was one of the Councillors at one time, not to my benefit. The saving in the lease would have been sufficient to satisfy the Bank, and considerably more; in fact, I do not believe there would have been any trouble in getting another £2,000. It was very valuable consideration, and it was absolutely settled, and the agreement drawn. I cannot say for certain what stuff there was it the depot at the time of the failure, but the place was full of stuff to the roof. The books were all taken away, and some have been travelling you might say round London. Sometimes I have seen them in one place and sometimes another, and last November I saw them falling down the steps outside. It is utterly impossible to exhaust all these mistakes unless you give me time to do it.
(Saturday, January 12.)
Cross-examined. I mortgaged to Mr. Donaldson on February 15 my vans, horses, and carts. There were 38 vans that cost £45 each, but it is impossible for me to say what they were worth at that time. They were mortgaged to Mr. Donaldson for what was called a debt of £1,500. On February 17 I mortgaged all my furniture to Mr. Hawke. I did not value it. Hawke sent a man to value it. It is impossible for me to say what it would fetch on the market not at a forced sale. On February 19 I mortgaged to Mr. West my life policies. I told him I thought they were worth £750, but he informed me they were worth £440, and I had a loan of £270 from the Association. As to what else I had in the way of property those mortgages held good. I had my book debts. In the statement of accounts the book debts (doubtful) are stated at £9, book debts (bad) £450, total £460, estimated to produce £6. The amended statement, however, puts the good debts at £146 13s. 2d., plus £6 from doubtful debts, the horse, vans, carts, and harness being valued at £1,500. West was a rope manufacturer. I have known him all my life, and he has always been a good friend to me. I told him at the time of the arrangement of the mortgage that my policies were subject to a first charge. I do not know whether I told him the amount of it. The loan of £100 was arranged some days before it was actually made. A regular mortgage was drawn up. I think it was drawn up by Lyne and Holman, Mr. West's solicitors. The loan was made in their office, and the money was paid in gold. I think West came in and went out while the payment was being made, but I am not certain. The money was paid in front of the solicitors by Mr. West's son, Mr. William West. Then we went out together. We had not got far from the solicitors' office when West told me that the policies were not worth the money, and were only worth £440. He asked for the money back, and I gave it to him. The entry in the red cash book on February 19 relating to this transaction is J. W. West, or J. West, £100. I made the entry when I got back. It was to make a record of the transaction. I
omitted to record on the other side that I had paid it back. If I said that West's money went into the safe that was a slip. Donaldson, abandoned his security, and West also abandoned his. If these securities had held good, all I should have had were the book debts and the value of the lease. My private market book is in my handwriting. In my opinion, it would clear me if I had it here. It would show the purchases each day, just as the cash book shows in my handwriting the payments of the day. It would show purchases and sales, money received and paid, and everything that transpired whilst I was on the market. It would show that all these transactions which have been impugned were entered in regular form. Holtaway's market book did not quite cover the same ground that mine did. Receipts were in some instances given to the carmen of the vendors. Receipts were not given for all goods; only in some instances. When they were given they were bought back by the carman or by the owner when he demanded payment. These tickets would be about on the desk. Battey did not use them for the purpose of making entries in the former's bought ledger. They dad not contain everything that was wanted for the purpose of making entries, except price; the number was not there. The ticket would be simply a record of what was taken away and brought back, but not a complete record of what was delivered. With regard to the entry in King's account on February 5, 72 straw and 63 straw, if you wish me to understand that you allege the entry was made when the ticket was brought in, that is absolutely false. Battey's statement that he made the entries in the ordinary course from the tickets is absolutely false. The entries were made from the credit book, not from the tickets. Battey's duty was to book the entries up each day. Holtaway booked a whole lot, and Battey the others. As to the weighing, goods bought on the market would not necessarily be weighed there. They might be weighed somewhere else, and in innumerable instances they were not weighed at all The men tell us whether they are giving weight or not. The carmen can tell directly they handle the stuff. We weigih if a man tells us he thinks wt is short. The object of the weighbridge and the weighbridge book is to weigh when delivered to customers, and we send out a statement of the weight to them. We sometimes weigh on other weighing machines, Gardner's, Gingall's, and the railway companies'. I cannot tell how often I used these different machines in March, 1906. If Gardner's or Gingall's people came and said I had not used their bridge at all in March, 1906, they would be telling a lie. Gardner and Gingall are respectable people and will give me a good character. The work book or farmer's journal shows the transactions of the day and shows the purchases made with the name of the vendor in every case. The book that was in use at the time of the bankruptcy is misting also. I used to load a good deal of my purchases on to my own vans ready to go away, if necessary, and when not sold the vans and goods stand during the night within the gates under lock and key. As a check upon the stock each van has a number, and there is a record on the van
sheets of what each van contains over night. I cannot tell where the purchases from Milbank of February 13 were delivered I do not find the name of Milbank on the van sheets, but I find some of the purchases from Henry King. I do not find the purchases of Harris on February 17, or of Merton. They may either have been sold or sent to the loft or depot. There are eight names in the market book under date February 22, and twelve transactions are recorded, but I do not find any reference to them in the van sheets, with the exception of King's, which are fully recorded. The explanation it that the purchases had been disposed of or sent elsewhere. (Other illustrations of the kind were put to the witness.) As to the list of fifteen names impugned, I did not see Bacon often. The earliest date in his account is 1900, when there were three transactions. I put the transaction of February, 1906, to that account to keep it straight I bought 12 loads of straw of him at a low price—24s. I had had no previous transaction with him to my knowledge. He delivered the goods into the yard. I do not know whether he had a receipt for them. It was a matter of indifference to me whether they took receipts or not; sometimes they did, sometimes they did not. I paid him on the market on February 22, presumably in cash. On that day I had £50 in coin from the bank. I have endeavoured to find these customers, but have had very limited time at my disposal, having been rushed about from pillar to post. I have no record of the notes that passed through my hands. I could have got them from the bank, but did not think it necessary.
Re-examined. Before I had this transaction with Donaldson of £200 I had been continually borrowing money of him and paying back. I cannot say how much I owed him, a considerable sum. We disagreed as to the amount, but eventually agreed it, and he might have had security if he had wanted to. I had had transactions with West before, and when I wanted another £100 I gave him the security I had promised him years before, but he found it was charged, and the £100 was returned. Before the receiving order I had been getting in the book debt as fast as I could in order to get ready money, and the Official Receiver continued to collect what was outstanding, and I assisted with his permission in the collection. Being prior to the bankruptcy short of supplies, I delivered as quickly as I could, and that is why the vans stood empty. At this time I was trying everywhere I could. To keep people going I was buying practically from hand to mouth. That the purchases in the market book do not always appear on the van sheets is owing to the fact that goods bought were sent away immediately to keep orders going. I did not buy them to keep; I bought them to keep myself afloat, so as not to go into bankruptcy. It would have been very much better for my creditors if I bad not gone into bankruptcy. In some cases I can trace goods from Rose and King by the tickets, but it is absolutely impossible to trace them all. I have spent hours over it with my solicitor and am sick of it.
To the Court. I have given every information to the trustee that I could and wrote to him that if he would only state what information he required I should be pleased to do my beat to answer it. In the public examination I was asked 582 questions, and in the private-examination. 1,912. I have not made any false entry in any book or document relating to my property and affairs. I have not been privy to the making of any such false entry, and have had no intention of concealing the state of my affairs or of defeating the law.
HENRY KING , Romford, dealer in hay and straw. I have been in the habit of sending to Mumford's for 40 years. If the loads are sold in the market we take tickets for delivery. If we sent goods by a strange man he would bring a paper back to show he had delivered them. I continued to deliver goods up to the latter end of March, 1906. My account shows that I was sometimes paid by cheque and 1907. sometimes used to have cash on account. I never had a receipt for 1908. anything. When I took the tickets down I got a cheque for the 1909. balance. I never gave a receipt for the money I received and at as far 1910. as I know it is not customary.
WALTER LAW , an Essex farmer, said he had also bean in the habit of sending goods up to Mumford's for 20 years or more. For any goods that were sold on the market for delivery they always had a delivery ticket. There were no receipts for money. When Mumford gave him the money the trapsaction was done with. Money would sometimes be paid on the market and sometimes in the yard. Witness sent regularly up to the end of 1905, but had not sent much since. Sometimes payment was by cheque and sometimes in cash.
HENRY CRUSSELL , hay and straw dealer, near Romford, said he had been dealing with Mumford and Son for six or seven years and had been paid sometimes by cheque and sometimes by cash, but was never given receipts for the money. If goods were sent for delivery on to Mumford's vans they would not take a receipt, but if the goods were sent somewhere else for delivery they might then take a receipt to show they had delivered them.
ARTHUR GORTON , market clerk, said that previous to the date of the bankruptcy he had been employed by Mumford and Son for nine or ten years, and was latterly appointed traveller. At the beginning of 1906 his instructions were to collect ae much money as possible and not to sell too much stuff. Mumford, in consequence, had to buy on the market for cash, not only off his own stand, but other people's, and have seen him get money from his safe for that purpose. On the morning of March 24, when he visited the office, the books and papers were strewn about anywhere. He continued to go to the office for some time afterwards, but did not notice that any of the papers had left the office. Goods were not always weighed when they came to the yard; goods, for instance, arriving very early in the morning, or very late at night. It was not the custom to weigh goods sent direct from the market to customers. The market clerk, if not present when purchases took place, would be informed of them by Mr. Mumford.
RICHARD PATTON , carman, employed by Messrs. Mumford for eight, or nine years, said that when he got delivery of goods on to his vans be would take them sometimes direct to the yard and sometimes direct to customers. Very often he took a load straight to the chaff depot. The goods would sometimes stop on the van and in that case he would put his horses to an empty van. In the early part of last year supplies from the rail and the wharf decreased and supplies were chiefly drawn from the market. Goods were often weighed on other people's weighbridges. Things were sometimes taken to customers without going to the yard at all. If the goods were short they would tell the "governor," and he would direct that they should be weighed at Gingall's. A man in the trade could form a very good opinion as to whether there was full weight or not and judge if there was half. hundredweight short.
(Monday, January 14.)
Verdict, Not guilty.
OLD COURT; Saturday, January 12.
(Before Mr. Justice Lawrance)
Mr. H. G. Rooih prosecuted.
JAMES WAGER , porter, 8, White's Row, Spitalfields. Martha Stone and a soldier named Stannard came to 8. White's Row on November 14, and lived there in one room as man and wife. On November 18. about 9.30 p.m., prisoner came to me and made inquiries about Stone; I went upstairs to see if she was in; prisoner followed me. Stannard and Stone were in their room. On Stannard opening the door prisoner walked in; Stone said, "For God's sake, what has brought you here?" Then Stannard shut the door and I went downstairs. About five past 11 I heard a shot; I rushed up the staircase and met Stannard coming down, holding the bannister rail; he said, "I am shot in the leg" I got to the top of the landing, when Stone came screaming out of the room, holding her head with her two hands, and a second shot was fired. I sent for the police.
AUGUSTUS WILLAIM BASS , labourer, 26, White's Row. On November 18, about 20 past 11, I was outside my door when I heard two reports of firearms. I ran up the stairs and seized hold of a man coming down; he said, "Let me go, I have got nothing. Going further up the stairs I saw prisoner flourishing a revolver. I closed with him, and we struggled and fell, prisoner underneath; he placed the revolver to my left temple, and said. "Let me go, or I will give you one". I seized the revolver; he pulled the trigger; it caught in the fleshy part of my hand, which prevented the revolver 'going off. I wrenched it away from him, and we got to our feet, when he dealt me a terrific blow on the mouth, and he got away.
To Prisoner. I am sure that when I saw you you had the revolver in your right hand.
ALFRED ISON , tailor, 8, White's Row. On this night I heard screaming and revolver shots. I ran into the building and saw prisoner and Bass struggling on the landing; prisoner got away and ran into the street. There was about a minute's interval between the two shots I heard. I and George Smith ran after prisoner and held him till the police came.
To Prisoner. There was a light—a gas lamp—on the landing.
Police-constable ALFRED LINSTEAD, 94 H. On this night I was called to White's Row, where I. saw prisoner held by two or three men, struggling violently. I arrested him and took him to the station. There he made a statement voluntarily, before he was charged. Looking round the charge-room he said, "Where is the bioke; where is the ponce; it was him I fired at." He was searched; in his vest pocket there were six ball revolver cartridges; in his trousers pocket a razor and a clasp knife.
To Prisoner. You were not drunk; you were excited.
Inspector JOHN LYNCH, H Division. I was on duty at the station when prisoner was brought in. The revolver produced wee handed in by Baas; it was loaded; there were two discharged cartridges and four charged.
Inspector FREDERICK WENSLEY, H Division. I was at the station when prisoner was brought in. I first charged him with a matter that is not material to this trial; then I charged him with the attempted murder of Martha Stone by shooting at her. He said, "Have I hurt them much; I should not have done it if I had not had some drink; I had better give you my right name; it is not John McDermott; it is Frank Crumlish; the revolver went off once in my pocket during the struggle; you can see the hole and the powder round it." I examined the pocket; there was a hole about two inches in length; it had not the appearance of a bullet hole; there was no scorching or powder marks. Prisoner made no reply to the charge.
about three months ago; he asked me to go with him and I refused. I picked up with a soldier, Stannard. and lived with him at White's Row. On November 18 I was in my room with Stannard when prisoner came in; he asked me what I was doing in the room with the fellow; then he asked me if I would go with him and I said, "No." I think he was drunk at the time. The conversation went on for half an hour. My young brother called up at the window, and I looked out and told him to come up; as I turned back from the window I saw prisoner standing over me, pointing a revolver at me, within an inch of my face. Stannard rushed round and got hold of him and struggled with him, and Stannard was shot in the thigh. I got hold of the two of them; Stannard let go and ran down the stairs as he went the table was overturned, and the lamp went out. I rushed down the stairs, prisoner running after me. I heard another shot; it was in my direction; the bullet struck the wall.
WALTER WILLIAM STANNARD , private in the Middlesex Regiment. I have been keeping company with Stone for some time. I was in our room at White's Row with her on November 18. About 10 o'clock there was a knock at the door. Prisoner walked straight in up to Stone. He did not speak to me. She said to him, "You have got a cheek to come up here." They were talking together about half an hour. I thought prisoner had some claim of other on the woman, so I stood practically as a witness until he produced the revolver and pointed it in her face. I then rushed forward and pulled his arm down: it went off, and I was shot in the thigh. I fell down, knocking the table over. I stumbled to the door and went out, meeting Bass on the stairs. Then I was taken to the hospital.
To Prisoner. You and I were struggling together not more than five seconds before the revolver went off; it is quite possible it went off by accident.
PRISONER (not on oath). I had known this girl some time; I thought a lot of her and always treated her well. I did not know that she had been carrying on, but I had been told; and when I found her in a room with this man I produced the revolver; I only intended to frighten her. It has got no trigger guard on it, and the least knock would send it off. When I left my ship did not know the revolver was loaded. I put six cartridges in my waistcoat pocket in case I should need to load the weapon. On my arrest these were, found in my pocket. I had no intention of shooting or injuring the girl I had had a little drink, and I was upset from finding this fellow in the room with her; I only thought of giving her a scare. Had the soldier not interfered I do not think there would have been any shooting at all. As to the second shot, it was dark on the landing and I was a stranger to the place. I stumbled and fell, knocked up against the staircase, and the revolver went off.
Verdict, Not guilty. Prisoner then withdrew his plea of not guilty of a common assault on Stone and Bass, and pleaded guilty. Sentence, Three months' hard labour.
NEW COURT; Saturday, January 12.
(Before the Recorder.)
Mr. Montefiore-Brice prosecuted. Mr. Leycester defended.
MATTHEW ROBERT WILKINS , manufacturer's agent, 5, Philip Lane, E.C. I took stock on October 31 last, and found I was 26 pieces of 70 yards each of silesia linings short. On December 1 I discovered I was three more pieces missing, one about 70 yards and two about 35 yards each. I then felt sure my lad, Reginald Gawthorn, was a thief, and I warned the detectives to Watch the boy. They did not discover him taking any goods, but a day or two afterwards I found in the bottom of the waste paper sack two sheets of paper corresponding to the wrappers in which some of the lining had been, and I then advised the police to arrest the lad. That was on December 5. Gawthorn had been in my employment for three years and nine months. He is 18 years of age. He had no authority from me to tell waste paper. In consequence of admissions made by Gawthorn when arrested I went to prisoner's premises with the police officers and the lad. Prisoner carries on business as a waste paper and tailors' cuttings dealer at 3, Whitecross Street. We got there about 11.30 is the morning and found prisoner there. Inspector Lyon asked her if she knew the lad, and she said, "Yes, she had seen him." He told her the charge—that I had lost a number of pieces of lining, and that she lad had admitted bringing all the goods to her. She said, "I have only bought one small parcel of cretonne from him, and he also brought me a smell piece of blue." Then we searched the place, and we found the small parcel of cretonnes now produced, but nothing else. The piece of cretonne was not part of my stock, but I recognised it as belonging to the office up above mine. Prisoner was takes into custody. Subsequently, I accompanied the officers to prisoner's private address, at 211, Southgate Road. We searched her three rooms there, and in the bedroom we found some of my linings. She is a widow. We found four small pieces, 11 to 12 yards long. I identify the pieces produced as having belonged to me. I am perfectly sure I did not sell or give them away. The length of the grey piece when it was stolen was 32 1/2 yards; it is now six yards. I never sold Messrs. Dawson any lining like the grey lining. The length of the brown piece when stolen was 70 yards; there are now 11 yards of it. The canary piece was about 66 1/2 yards long; there are now about four yards.
The black piece has been made into an apron. I missed about 20 or 30 yards of the black; there are now only about two yards. I identify these linings as mine both by the finish and by the count of the warp and the woof. The goods came from Carlisle, and I am the sole agent in Londoe for them. I was present, when prisoner was shown these particular linings. She said she had bought the piece of grey from Dawson and Co., drapers, of City Road, and that she could not say where she had bought the other pieces. She was asked if she had a receipt for the piece of grey, and if she knew the length of it, and she said she did not keep receipts and she did not know the length.
Cross-examined. I am London agent also for a manufacturer of Bradford. The piece of silk striped sleeve lining came from Bradford. We are the only manufacturers of this particular design on England. This piece was found in a parcel at her house. 70 yards of it were taken, and I found these four yards. It was 70 yards all in one piece. It must have been cut up by somebody. That applies to all the other pieces. All the materials must therefore have been cut up after they were stolen from me. Gawthorn had no authority to do it, but I should not have objected if he had sold waste paper and pieces of string. I would not have dismissed him for doing that. At the police court he said that he took samples which were old and disused, and that he thought he was entitled to do it, but he was not. If I had known of it I should certainly have complained of his doing that. He pleaded guilty before the magistrate, and was dealt with as a first offender. Shuttleworth was then brought up on the same day, and Gawthorn was called as a witness against her. I admit that Gawthorn may have thought he was entitled to take the old samples, although he was not. The total value to me of the goods found in prisoner's possession is about 15s. Short lengths and odd lengths are sold at a lower price than the ordinary lengths.
Re-examined. When I said the lengths must have been out up after they were stolen I meant that the lad must have cut them up on the premises. A length of 70 yards would be a bulky parcel, but the lad was in the habit of taking out large parcels to customers, and he might, if dishonest, have taken away a large parcel without suspicion. My total loss has been £100.
PERCY REGINALD GAWTHORN . 20, Helena Road, Stratford. I was until recently employed by prosecutor. I was with him for over three years. I was in the habit of taking the waste paper to Mrs. Shuttleworth, of Whitecross Street. As far as I remember I did that for two and a half or three years. I never told her where I was employed; she never asked. Some of the waste paper would have labels on bearing Mr. Wilkins's address. After I had been selling prisoner waste paper for some time, she asked me if I had any samples I could bring over. I had some small samples at the office—very old ones—which I sometimes used as dusters, and I took them over to
her. They were all small pieces, about half a yard in length. She weighed them and gave me 6d. or 7d. for them. She then asked me if I had any larger pieces that I could bring over, and I said I would see, and it led me to steal them, and I took them over. I cut the pieces off the large pieces we had in stock. I took a large number of pieces, but I cannot remember how many. I used to cut off so many yards at a time, leaving the large pieces so many yards short. Sometimes I would again cut off some more from the same piece. I once took a piece of about 80 yards to the prisoner, cut up in four pieces of about 20 yards each. I recognise the pieces produced as pieces I took to prisoner. This piece produced I took to her on November 28 about half-past five or six. The length of it was about 35 yards. I think she gave me 2s. 4d. for it. I told her I thought it was about 35 yards long. She took my word for that. I put it in the scale, and it weighed about 10 lb., and she said it ought to be about 8 lb. With the paper off. I did not think that was feasible, so I took the paper off and weighed it without, and it still weighed nearly 10 lb. She shouted, "Bring it into the office. What did you want to undo it for? I did not want Johnny to see it." She usually put the linings under a small desk she had in her office, not in the general store room, I continued to take pieces of lining to her on and off for six or seven months, sometimes once a week and sometimes once a fortnight, and I kept away for three weeks once, until she asked me if I had not got any more. I got altogether from her—it may have been £5. I do not remember at all. It was paid in small sums of 2s., and 3s., and 4s. On an average she gave me 2s. for 7 lb.; that would be about 30 yards. The value of 30 yards of this lining would be 14s. or 15s. I identify all the pieces of lining as pieces I took to prisoner's shop.
Cross-examined. I was arrested before prisoner was, and was taken to her shop. At that time I considered I was in custody. I made a statement to the police when I was first arrested, and before I was bound over I made a statement in writing to the police. Before I made that statement I knew I was going in a short time to be brought up before the Alderman. When I made that statement I thought I might be called as a witness for the prosecution. Up to six or seven months ago everything I took to prisoner I had obtained perfectly honestly. I had no idea I was stealing the small samples I first took to prisoner. The largest of the samples was about half a yard. I do not think I took those small samples more than three times. The large piece of 80 yards that I stole I cut up into four pieces of 20 yards each in the office, and took it away all in one parcel. I thought it would fetch more in four pieces than in one, because when the stuff is cut and rolled up loosely it looks bigger. It does not weigh more. Prisoner nearly always weighed what I took to her. The reason I did not cut it up into smaller pieces was not that I thought she would be lass likely to suspect anything was wrong; that did not occur to me I never took less than about seven yards. At the police court I said I only gold her 10 or 12 pieces. That was wrong; it is much too
little. I always sold the goods to prisoner in the shop. There was a pair of scales there where anybody who wanted to sell her anything came in. She bad a woman named Lizzie and a man named John in her employment. They were generally about, and a customer might have come in at any moment. I kept on selling her paper and string right up to the end. I took a piece of about six yards to my mother as a present, but when she found I had stolen it she returned it. I swear I have never sold any to other people.
By the Jury. Prisoner never questioned me where I was getting the stuff from or whether I was getting it honestly. Sometimes when I was bringing it rather quickly she said I had better not bring anything for a little time.
Re-examined. I always took the linings and the waste paper in separate parcels.
Inspector ROBERT LYON, City Police. On December 5 I went with Sergeant Stewart to 5, Philip Lane, and arrested Gawthorn. In consequence of what occurred there the prosecutor, Sergeant Stewart, Gawthorn and myself proceeded to prisoner's place of business in Whitecross Street, about 400 yards away from prosecutor's place of business. I told prisoner we were making inquiries with regard to between 800 and 1,000 yards of linings which had been stolen from Mr. Wilkins's office, and that Gawthorn had admitted bringing the stuff to her. She said he had never brought any linings, only some small samples. Gawthorn then said, "Mrs. S., why don't you tell the truth; it will be better for you, and me, too, in the end?" She was taken into custody. Sergeant Stewart and prosecutor went to prisoner's private address at 211, Southgate Road. Subsequently I showed her the pieces of lining now in front of me, in the presence of Gawthorn and Sergeant Stewart. Gawthorn said, "Those are some of the pieces I sold to Mrs. S." She said, "How can you say so?" and pointing to the grey piece, she said, "I bought that at Dawson's I asked her, "Do you know what length it is?" She said, "No." I then asked if she had the receipt for it, and she said she did not keep receipts. I read out to her Gawthorn's statement, and she said, "That is what he says, but you have to prove it."
Cross-examined. Prisoner has with her husband before her carried on business in the same premises for about 20 years. There are a large number of City offices in the neighbourhood of Whitecross Street. I should say it was a common thing for porters and caretakers, and so on, to sell waste paper and string without any dishonesty at all. I did not find anything on prisoner's premises that I would describe as large pieces. Gawthorn did tell me that he cut the linings up before taking them to her.
Detective-Sergeant JOHN STEWART. On December 5 I went to prosecutor's premises, then to prisoner's shop, and subsequently to her private address with Mr. Wilkins. Prisoner occupies the basement and first floor of 211, Southgate Road. I found there the pieces of lining (produced), which Mr. Wilkins identified as his property, and
also two pieces of white material, which have also been identified as stolen property.
Cross-examined. The things that I found were wrapped up loosely in brown paper, and were not tied up or concealed in any way.
DUNCAN SILVESTER TOWELL , assistant to Green and Mackay, Distaff Lane, manufacturers' agents. At the end of October last our firm took stock and found we were eight pieces of dress material of about 40 yards each in length, of the value of from £3 to £5 each, short, and several parcels of patterns, each containing about 40 patterns, valued at about £2 a parcel. I identify the two pieces of cream dress material as having belonged to us; they have our tickets on them, one marked "P" and the other "J." I marked one of these tickets myself. We have not sold any patterns of this stuff for 18 months. We always out the tickets oil when we tell goods before they leave our premises.
Cross-examined. Anybody who knew that these goods had been stolen could easily have removed the labels that were on them. The length of these pieces is a little over a yard, and are worth about 2s. 6d. each.
WILLIAM DUNN , printer, 211, Southgate Road, Essex Road, Islington. Prisoner and her daughter have lived in my house as lodgers for the past 18 months. During that time she has always behaved herself and has borne the reputation of being a perfectly respectable, decent, and honest woman.
CHARLES SCHOLES , carman and contractor, Whitecross Street, City. I am Master of the Carmen's Company. Prisoner is a sub-tenant of mine. She and her husband have been there for the past 20 years. I occupy the ground floor of the premises. During all the time I have known her I have always found her to be an honest and respectable and very hard-working woman. With regard to paying her rent and conducting her business respectably, I have the highest opinion of her. I am constantly on my business premises myself, and I have never seen or heard anything against her.
CHARLES BULLIVANT , paper merchant, 14, Harp Alley, Farringdon Street. I have known prisoner for over 20 years in connection with business. Up to now she has always borne the reputation of being perfectly honest and respectable.
Verdict, Guilty. Sentence, Eight months' hard labour.
NEW COURT; Monday, January 14.
(Before the Common Serjeant.)
bound over in his own recognisances in £20 to come up for judgment if called upon.
Mr. H. L. Ormsby prosecuted; Mr. Purcell defended.
(The evidence was interpreted.)
EDWARD BROWN , 3, St. Peter's Terrace, Clerkenwell Road, asphalter. Or. December 12, about ten to twelve p.m., I was in the "Queen's Head" public-house, Great Bath Street, Clerkenwell, when prisoner and two others came in. I was standing drinking at the bar. I never spoke to prisoner. The barman spoke to me, and in consequence of what he said I was going out when prisoner called me back, saying, "Eddy, I want to speak to you." I went back. He said, "Do you still go with one girl Lizzie?" I said, "No; I don't want to have anything more to say to her." He called me a lying bastard, and, at the same time he struck me in the upper part of my leg with something he had in his hand, that looked like an ice pick, what they break ice with. Prisoner is an ice cream vendor in the summer and goes round with chestnuts in the winter. When I went to run away I received another blow at the back of the left shoulder. Then he ran away and the other two men tried to stop me from running after him. I went and found a constable. We went to prisoner's house, 24, Eyre Street Hill, and found him lying in bed with all his clothes on. I was taken to the hospital and treated there. I am pretty well all right now. Just now and again I find a bit of limping in my leg, but there is not much pain.
Cross-examined. I did nothing to provoke prisoner. We were close outside the public-house when the conversation took place. We were not near enough for the barman or the publican or any respectable person to hear it, so that you are dependent upon me for what occurred. I did not abuse him or strike him. I do sometimes strike Italians if they strike at me. In October, 1906, I was charged with assaulting an Italian and was bound over by the magistrate to keep the peace towards them for twelve months. It was the Italian's fault. On September 14, 1906, I was charged at the North London Sessions, Clerkenwell, with wounding an Italian woman. She refused to give evidence, and I was honourably acquitted. On August 22, 1905, I was at Clerkenwell Sessions, and was sentenced to 12 months for stealing a watch. On December 29, 1904, I was sentenced to three months' imprisonment as a rogue and vagabond, and on April 20, 1904, I had three months for an assault on the police. On January 18, 1904, I got six weeks for drunk and disorderly conduct, in default of paying a fine. On April 27, 1903, I was again at Clerkenwell Police Court—a little matter about money—and got two months. On November 9, 1899, I got six months for assaulting the police. On February 7, 1899, I got four months in
connection with an umbrella. On June 21, 1905, I was charged at Clerkenwell Police Court with living on the prostitution of a woman and was bound over; there was not sufficient evidence to convict me. I know a man named Bassett, who is now undergoing penal servitude for four years, hut he is no friend of mine, and never was. You are dependent on me for what happened outside the public-house on December 12 last.
Re-examined. At the police court prisoner did not ask me anything as to my account of what occurred being incorrect.
Police-Constable LEONARD BATCHELOR, 107 E. On December 12 I was on duty at Eyre Street Hill. Prosecutor called to me, and we went together to 74, Eyre Street Hill, and into the top back room where we found prisoner in bed, fully dressed, and some other men. I told him I should arrest him for stabbing Brown. He replied, "Don't pull me about. I will f—g well punch you." He said that in English. I took him to the police station, and on the way he said, "I will kill him the next time I get a chance." After he was charged he said, "I will do for him the next time; I am sorry I did not do it this time." He was perfectly sober. He made no complaint of prosecutor having knocked him about, or abused or insulted him. He had a little abrasion on his arm; he said he had fallen down in the evening, running away.
Cross-examined. Prisoner said he had fallen down during the evening, which caused the abrasion. Prosecutor was not with me at the time he said that; he was at the hospital. Prosecutor went with me to the house and remained outside in the passage. I understand the prisoner has been longer than two years in England, but I have known him for two years. The house where I found him is where he lives with his uncle. He was not excited—nothing out of the ordinary. I have been two years on duty in the neighbourhood, and I know that Eyre Street Hill is often a very lively spot. Italians do get. somewhat excited. Prisoner was not more excited then usual, but more so than an Englishman would be. He did not cry at all on the way to the station.
MAURICE GRUNDY , House Surgeon, Royal Free Hospital. On December 13 prosecutor was brought in, and I found he had a punctured wound on the inner side of the right thigh about two inches below the groin, about three-quarters of an inch in. It could have been made by an ice pick. Ice picks have wooden handles, and are Used to stab the ice in two or three places, and then the ice breaks. The wound was not dangerous, but if it had been two inches higher it might have been fatal. On the left shoulder these was another wound about one and a quarter inches deep. That was not dangerous. I do not think considerable force was used. Prosecutor has quite recovered. He says he has a little pain in the leg still, but nothing to speak of. The wound has quite healed up.
Cross-examined. We get a fairly large number of wounding cases from Eyre Street Hill. The characteristic of these wounds was that
they were punctured. I have not seen the knives with which chestnut vendors clip the taps of the chestnuts before they bake the them.
ANTONIO ALLOCCA (prisoner, on oath). I am 21 years of age, and have been two years in England. I live with my uncle, Raphael Troccia, who is a baker in High Holborn. I earn my livelihood as an ice-cream vendor in summer and a chestnut seller in winter. Owing to chest troubles, I have been a good deal in hospital. I was in for about a month during last year. On December 12 I was in the "Queen's Head." I had been selling chestnuts that evening Brown came into the public-house; he was drunk and called me names. He called me an Italian bastard. He gave me a punch in the chest, knocking me to the ground, and be fell on top of me. I had nothing in my hand when he gave me the punch, but after the blow I had my little knife with which I cut the chestnuts. I do not know how he got the stabs. We both fell to the floor. I do not know what I did with the knife. Brown got up first. I had such a pain in my chest where he struck me that I could not get up. I have never had any charge brought against me of any kind.
Cross-examined. When before the magistrate I wanted an interpreter, but I could not have one. I do not understand English. I asked the constable in English what he wanted with me. I did not understand what he said. One of my companions said, "Why don't you give him a punch?" I do not know that I said, "I will kill him the next time I get a chance." I do not know what I said at the station, "I will do for him the next time; I am sorry I did not do for him this time." I may have said it, but I do not know anything of what I really did say.
Verdict, Guilty of unlawful wounding. Sentence, Nine months' hard labour.
Mr. Frank Mathew prosecuted. Mr. Purcell defended.
HENRY ROLLS , 3, Queens Road, Walworth, butcher. I was chairman at benefit at the "Horns" public-house on December 7 last. It was a complimentary benefit for a gentleman named Allen. There was smoking and drinking going on. I had two ginger ales and a Scotch and soda. Afterwards I went into the bar of the "Horas with a friend and called for drinks. Whilst we stood there prisoner came in and said, "Can I have a drink?" I said, "Certainly, you can." He said. "There are three of us." I said, "What are you going to have?" He said, "Call for three Dunville whiskies." I did so. The whisky being some time coming up, (prisoner said, "They are a long time coming." I said, "All right; they will be up in a
minute." When they came up he pushed hit knee into my private parts. I pushed him away. He turned deliberately round and caught hold of a glass, smashed it on the counter, and struck me on the head with it. It was a small glass, about 2 1/2 in. high. I gave him no provocation whatever, nor did anybody with me. I was perfectly sober.
Cross-examined. There were about 250 to 300 people at the complimentary benefit. At the table where I was presiding about eight or nine persons were sitting round. Some six bottles of Dunville's whisky were disposed of, but several persons joined in those drinks independently of those at the table. I paid for one bottle. The benefit was for a bookmaker. I do not know about his being broke. The man asked me to do him a favour by presiding at the benefit. I do not suppose he had much money or he would not have had the benefit. It was a ticket benefit, and began about 8.30 and ended about 1130. There was just an hour for a little refreshment downstairs. There were 200 different people in there. When I got into the bar I saw a gentleman named Ginger Knox. He had been at the door upstairs looking after the tickets. I do not know what drinks he had had. Neither Ginger Knox nor I said to prisoner, "I will fight you." The people were pretty closely packed together. I did not see another man close to Ginger Knox punch the prisoner. I was two or three yards away from prisoner, but there were not a good many people between us. The people were all round the premises, not all standing at the bar. I did not notice the prisoner struck by Knox; I was at the hospital when that occurred. I have heard he was struck by other people since. It is not the case that Smith was set upon by Ginger Knox and another man and that I was pushed upon him and he hit out, forgetting that he had a glass in his hand and struck me on the head. That is not how it occurred. Prisoner and I were perfectly friendly and no quarrel whatever had taken place. There was no earthly reason for his striking me. I had had two ginger ales and a Scotch and soda. Prisoner had been upstairs with the others. He and his wile and other ladies were there and he took his share of the whisky like the others.
JOHN MORRIS , 29, Bickley Street, Walworth, butcher. I was present at the benefit at the "Horns" on December 17 and went down to the bar afterwards with the intention of calling for a drink. I saw Rolls and the prisoner. They asked me to have a drink and I said, "I will have a bitter." Then I heard Rolls and prisoner talking about three drops of Dunville. Rolls said, "Wait a minute; you will get your drink." Then prisoner turned round and said, "You are a long time paying for it." Then I noticed prisoner's knee go round the corners of Rolls's coat. Then Rolls shoved him and prisoner took a glass off the counter, broke it, and hit Rolls on the head with it. I saw no kind of provocation given by Rolls to prisoner. I saw no fight going on in which the prisoner was concerned. There was no squabbling of any kind. The place where we were drinking was full of people.
Cross-examined. Rolls and prisoner and I were all close together about two feet apart. The bar was pretty closely packed all over Closing time is 12.30 o'clock, as a rule, and this was a little after 11 Rolls and I are butchers. I work with him. I only went upstairs once or twice. I heard an order given for a bottle of spirits. They had plenty of spirits. I am Ginger Knox. I said to prisoner, "I will fight you providing you put that glass down." That was before he struck Rolls. About two years ago prisoner said I called him a bad name and I remembered that. I did not strike prisoner. It is not true that I and another man set upon him and that he struck out, with his whisky glass in his hand, in self defence, and, instead of striking us he hit Rolls on the head. When he hit Rolls I made a hit at prisoner. I tried to stop prisoner, and in the excitement of the moment he hit me with the glass, but I do not think he meant to hit me with it.
Re-examined. I did not hit prisoner before he assaulted Rolls, but afterwards.
Police-constable JAMES BUCK, 178 L. About twelve o'clock p.m. on December 17 I saw two men coming out of the "Horns," leading prosecutor, who was bleeding profusely from the left side of the head, over the left eye. I went inside and prisoner was pointed out to me, and I said, "You are accused of glassing a man," and he said, "Yes." I handed him over to another constable and accompanied prosecutor to the hospital. Then I went to the police station where prisoner was charged. He made no reply.
Cross-examined. I noticed that prisoner's lip was bleeding slightly. I did not notice that he had an appearance about his eye which betokened a future black eye. When he was brought before the magistrate the next day I did not notice that his eye looked puffy and was getting blue. He was remanded till the following Monday and then admitted to bail.
REGINALD COX , house surgeon, St. Thomas's Hospital. Prosecutor was brought to the hospital on December 18, about 12.30 a.m. He had four incised wounds over his left eyebrow and cheek, caused by some sharp instrument. They might very well have been caused by a broken tumbler. The blows must have been violent; the wounds extended down to the bone. They were close to the eye. Prosecutor was not drunk, but he had been drinking.
Cross-examined. I should say the wounds had been caused by one blow from something sharp. One blow with a glass would have caused them. Prosecutor had one small abscess, but that has healed up now.
ARTHUR SMITH (prisoner, on oath). I am a commission agent, and have known Rolls for 16 or 17 years. I had had no quarrel with him and had no reason whatever for any ill-feeling towards him. On December 17 I went to the complimentary benefit with my wife. Rolls was in the chair, sitting at a table, and as I walked in he said,
Come and sit down here, Arthur." There was drink on the table;. I dare say ix or seven bottles of whisky. I paid for one and Rolls paid for one, and several more round the table. There was a good deal of drinking. I went about nine o'clock, and the whole thing was over when I went downstairs about 12 o'clock. Rolls and I and others all went down together to the bar and drinks were called for. Whilst they were coming something happened with regard to a gentleman named Ginger Knox. Rolls said to me, "What is yours?" said, "A drop of Dunville's. You may as well call for three, because there is the old woman and another party." He called for the three drinks. While they were coming Ginger Knox turned round to me and said, "You are something, you are; you could never fight in your life." Rolls said, "You never knew how to fight." I said,. "Can yout" And he said, "Bang! Take that!" With that he punched me in the mouth. It was Rolls who punched me first in the mouth, and then Ginger Knox hit me in the eye, and another man named Smith, a namesake of my own. The latter punched me on the head somewhere. My glass was in my hand, and when Bob Smith, finished up with that blow I struck out with the glass, in my passion, not thinking I had it in my hand, and caught Rolls on the side of the head with it, but it was not broken. I was standing about half a yard from the counter. The glass broke as I hit Rolls. Then other people stopped Ginger Knox from punching me, and I went and sat down on the seat without my hat; in the scrimmage I lost my hat. I daresay I was sitting there for five minutes. I did not hit Ginger Knox with the glass; I hit Rolls. As Knox came again it caught him on the knucklee. I went into a corner and sat down until the policeman came.
Cross-examined. I was on very good terms with Rolls. I do not know much about Ginger Knox. I suppose Rolls assaulted me on account of Knox arguing the point. He said, "You talk about fighting! You could never fight," Bob Smith was with Rolls, and he was subpœnaed at the police court, but he has not turned up to be a witness for them. I hit out with the glass, not knowing I had it in my hand. I meant to hit out with my fist.
THOMAS BENNETT , 14, Empress Street, Walworth, painter. I was at the concert on December 17 and afterwards went into the saloon bar, where I had a small lemon. I heard Ginger Knox say that he would fight prisoner. Ginger Knox was not more than a foot away from me when he said that. He said it three or four times. Rolls turned round and said to the prisoner, "You cannot fight," and the prisoner said, "Can you?" With that Rolls punched prisoner on the nose. Directly Rolls struck prisoner Ginger Knox punched him as well, made a dash at him, and another man on the other side punched him, of the name of Upstall. I do not know him by the name of Bob. Rolls, Knox, and Upstall were all close to prisoner. Then prisoner punched out with his right hand. He seemed half dazed to me. He had a glass in his hand and it struck Rolls on the side of the face. Then there was another fellow named Bob Sausage
went towards the prisoner and they all went rolling into the corner together. I saw Rolls pulled out by a couple of men. Hit face was bleeding. Then a policeman came and took prisoner out.
Cross-examined. Bob Sausage was one of the first men who attacked prisoner. He came in afterwards. They rolled into the corner fighting together till the policeman came. Prisoner afterwards in the corner. His wife was there. I saw a policeman come in afterwards. It seemed to me that they had all had plenty to drink that night.
WILLIAM WINTERS , 23, Canal Bank, Albany Road, Camberwell, roaster. On December 17 I went downstairs after the concert. There was a good deal of drink consumed upstairs during the evening. I saw Rolls and the prisoner in the bar. Ginger Knox challenged the prisoner to have a fight. He said, "You say you can fight! Come outside and have a fight." Then Rolls hit prisoner a heavy blow on the mouth. Ginger Knox hit out afterwards.
(At this point a communication from the jury was handed to the judge.)
The Common Serjeant. The jury do not think it is worth while going on with the case. It was the result of too much friendly drinking.
Verdict, Not guilty.
OLD COURT; Monday, January 14.
(Before the Recorder.)
Verdict, Not guilty.
NEW COURT; Tuesday, January 15.
(Before the Common Serjeant)
DARLING. James (43, shoemaker), SMITH, John (30, labourer), LEE, Ernest (26, labourer), and LEE, George (25, carman); all uttering counterfeit coin to Annie Beatrice Smith, Martha Read and Kate Baxter, knowing the same to be counterfeit, and unlawfully possessing counterfeit coin, knowing the same to be counterfeit, and with intent to utter the same; Darling feloniously making counterfeit coin; Darling feloniously possessing counterfeit coin, knowing the same to be counterfeit, and with intent to utter the same.
Mr. Wilkinson prosecuted.
The trial proceeded first on the indictment of Darling for making counterfeit coin.
Detective-Sergeant JOHN GILLAN, V Division. Acting under instructions received from Detective-Inspector Scott, for a month prior to the arrest of the prisoner I, in conjunction with other officers, have been keeping observation in the vicinity of the "White Lion' and the "Prince of Wales" public-houses, Garrett Lane, Wandsworth, and 33, Foes Road, Tooting. We ware disguised as street loafers. During that time I saw prisoner on five or six occasions in company with three other men, John Smith, Ernest Lee, and George Lee. On December 14, in company with Detective Lowrey, I saw Smith and the two Lees enter 33, Foss Road, and leave about a quarter of an hour later, at 4.30 p.m. All three pasted into Garratt Lane till they came to the "Fountain" public-house. There they stopped, and I saw John Smith take something from his jacket pocket. It was a small packet in brown paper. He undid it, and handed something to each of the Lees. Then they separated, and Ernest Lee entered 866, Garratt Lene, which ia a confectioner's shop. I saw him go to the counter and purchase some sweets, receive change, and come out and join the other two, who were outside. I entered the shop, and in consequence of what I said to the manageress she handed me a florin. I examined it and found it wee counterfeit. I marked it with my initials, J.G., and subsequently took possession of it. At the time I handed it bank and left the shop and followed the three men down the road. I saw George Lee enter 898, Garratt Lane, a small draper's shop kept by Mrs. Cottam. He remained there a few minutes and then came out and joined the other two men at the corner of Devour Road, about 50 yards off. All the three men passed down to Tooting Broadway, where they stopped. I saw each of the Less hand a small parcel to Smith. Then they all three walked down Mitcham Road, about 200 yards. They stopped again and Smith took a packet from his pocket, undid it, and handed something to one of the Lees. They separated, and a few minutes later George tee entered 62, Mitcham Road, a baker's and confectioner's, kept by a Mr. Martin. I saw him purchase two buns and a doughnut. He came out and joined his companions. They all three want into the "free" beerhouse and ate the buns and doughnut and had some refreshment. Then they went down Mitcham Road for about 100 yards, when they again stopped. Smith again took a brown paper packet from his pocket and handed something to each of the Lees. they separated, and George Lee entered 100, Mitcham Road, a chemist's shop, kept by Mr. Watson. At the same time Ernest Lee entered 102, Mitcham Road, a draper's shop, kept by Mrs. Reed. I also entered 102, Mitcham Road, and saw Lee examining a pair of socks. I saw him tender what appeared to me to be a two-shilling Piece and receive change. I left the shop, followed soon afterwards by Lee. I re-entered the shop and in consequence of what I said to Mrs. Reed she handed me a two-shilling piece. I examined it and
found it was a counterfeit florin. I marked it J.G.; M.R. I produce it. I left the shop and decided to arrest the prisoners. They were walking down Mitcham Road in the direction of Tooting Police Station. We followed them as far as the station. Before we got there we met Detective Goddard, and outside the police station we arrested all the three prisoners. We told them what we had seen, that they had been passing counterfeit coins, and we were going to arrest them. Smith at once took the brown paper packet referred to out of his jacket pocket and tried to put it into George Lee's pocket George Lee said, "You are not going to put that in my pocket." I produce the packet and contents. Smith then threw it into the fore-court of a house adjoining the police station. We rushed them into the charge room, and a few minutes afterwards Lowery handed me the packet. I examined it in the presence of all three prisoners, and found it contained 10 counterfeit florins. All the coins are wrapped up separately, with paper between each in such a manner as to divide each coin. On December 15, the following day, I went to 898, Garratt Lane, and saw Mrs. Cottam. She produced the florin handed her the previous day. She put five or six florins on the counter. I found one was counterfeit, and marked it at I had done previously, J.G.; C. I produce it On the 14th, immediately after the men were lodged at the police station. I went back and saw Miss Baxter and she handed me a florin, the one marked J.G. That was at 866, Garratt Last. Another officer, Goddard, went to 100, Mitcham Road. I have produced all the coins which were handed to me.
Detective EDWARD LOWREY, V Division. I kept observation in to way mentioned by previous witness. I saw the two Lees pass by Mrs. Cottam's shop, 898, Garratt Lane. Smith was walking in the roadway. Then I saw George Lee go into the shop, and I went up to the window and saw him examining a pair of socks. I saw him put a coin on the counter and receive some change. Alter the arrest I went to the garden of the house adjoining the police station, and found a small brown paper parcel, which I had seen Smith throw there when I arrested him. I handed it to Sergeant Gillan. I identify the parcel. I searched Smith and found one box of pills marked "Watson and Co." on the lid, three pairs of new socks, one packet of cough lozenges, a common cigarette case, five single shillings, eight sixpences, and 2s. 1d. in bronze—all good money.
Detective HENRY GODDARD, W Division. I assisted to take the three men to the police station. I searched George Lee and Ernest Lee. On George Lee I found twopence in bronze, a pair of scissors and four packets of cigarette papers; and on Ernest Lee two separate shillings, two sixpences, and threepence in bronze—good money, I also helped to search Smith and found some small particles of bright metal in his waistcoat pocket. I afterwards went to 100, Mitcham Road, a chemist's shop kept by Mr. Watson, who handed the coin is me which I produce. I examined it and found it was counterfeit I marked it with a cross on one side and H. G. on the other. I
also went to 62, Mitcham Road, and Miss Annie South handed a florin to me, also counterfeit, which I produce. It marked H. G., A. S., and a cross.
KATE BAXTER . I keep a confectioner's shop at 866, Garrett Line, Wandsworth. I remember a men coming into the shop on the afternoon of December 14 and asking for twopenny worth of cough drops. He was alone (John Smith, Ernest Lee, and George Lee came forward in the dock). I do not recognise the men. I served him; he gave me a florin which I put into a box at the back of the shop, and handed him the change. There were no other florins in the box. After he left a police officer came in, and I showed him the florin, which he examined and then returned to me, and I put it into the box again. The same officer came again afterwards and I handed him, the coin and he put his initials on it. He came back again the same evening and I gave him the coin which he had marked, and he took it away. I identify the packet of cough drops.
HONOR SARAH COTTAM , wife of William Cottam, draper, 896, Gar-Lane. I remember a man coming in on the afternoon of December 14 and asking to be shown some socks. I identify him as George Lee. He asked me for a 2 3/4 d. pair of socks and gave me a piece of silver and I gave him the change. I could not swear It was a two-shilling piece he gave me. I put the coin into my pocket, where it remained until closing time. After that a police officer came, on the following day, and I showed him the coins I had in the box where I had put what I had taken on the previous day. The coin I had from the man for the socks was there. Mr. Gillan selected a coin from three others and said it was a bad one. There were three or four florins in the box. He took one, said ft was bad, and marked it. I identify that coin. On the following Saturday I went to the police station and identified one man as being the one to whom I had sold the socks. The socks before me are the kind I sell, and the same price.
ANNIE BEATRICE SMITH , assistant to Mr. Gustave Martin, confectioner, 62, Mitcham Road. A man whom I identify as Ernest Lee came into the shop on the afternoon of December 14, about five o'clock, and asked for two doughnuts. I served him with one doughnut and two rock cakes, and he handed me a two-shilling piece, for which I gave him the change. I rang it and put it in the till. On the same day a police officer came in and the till was examined. Mr. Martin came into the shop, and I saw him find the coin which Ernest Lee had given me, and that was handed to the officer. There were no other florins there. He marked the florin, which I identify.
EDWARD WATSON , chemist, 100, Mitcham Road. I remember a police officer coming to the shop in the evening of December 14. I examined the till, in which there were several florins. I put them out in a row along the counter, and the detective nicked one out and told me it was bad. I touched it with nitric acid to teat it and it stood the test. I then weighed it and found it decidedly light, The
officer marked it with his initials and took it away. These pills are the class of pills which I sell, and this is a pill box from my shop, marked "Watson and Co."
MARTHA REED , wife of Walter Reed, draper, 102, Mitcham Road. I identify Ernest Lee as the man who came into my shop on the afternoon or evening of December 14. He asked for a pair of 3 3/4 d. socks. I served him with a 3 1/2 d. pair. He gave me a two-shilling piece, and I gave him 1s. 8 1/2 d. change. I rang the coin and tried it on the side of the desk. I thought it was rather soft. I tried it with a shilling. But I kept it and gave him the change and afterwards Detective Gillan came in while the man was still in the shop. Gillan stepped out again, but came in directly the man had gone out, and I handed the coin to him and he marked it with his initials and mine. I identify the socks. There are three pairs here altogether.
Detective-Inspector JAMES SCOTT, V Division. On the evening of December 14 I went to 33, Foss Road, Tooting, about 7.30,. after the three men had been arrested, and found Darling there in the kitchen. Sergeant Oillan went with me. I told Darling that we were police officers. I said, "Three men have been arrested for possessing and uttering counterfeit coin. They have been using this house and were seen to leave it shortly before their arrest." Darling said, "They did not get it from here." I then searched the house and in a small recess under the stairs on the ground floor I found a quantity of plaster of paris in a Sag. I found some metal, antimony, and also part of a battery. In the kitchen, on the mantelshelf under the clock I found two coins, a half-crown and a two-shilling piece, both good. In the recess I found 10 unfinished counterfeit florins. They wars loose on the floor under a saucepan without a bottom. I found some bottles on a shelf in the wash house, and a ladle which had been used for melting metal in the coal cellar, with some white metal adhering to it. I also found a three-cornered file, a brush, and a quantity of silver sand. Darling was close beside me when I found the counterfeit coin and he saw me find them. I showed them to him and told him he would be arrested for possessing them. He said, "You have found all there is." I searched him at the house and found two genuine florins on him. He was then taken to the police station where the other men were. Ten other coins were produced besides those I found at the house before Darling and the charge was preferred against the other men as well as himself. They were charged with possessing and uttering counterfeit coins. Prisoner made no reply. He has occupied the ground floor of 33, Foss Road for about 18 months. I had given instructions that he and the other men should be kept under observation. They had been kept under observation for nearly a month.
To Prisoner. No doubt the ladle was originally an egg saucepan, but it has been used for melting metal recently. I produce the unfinished coins." They are the same date, 1878, as the one found on the mantelpiece.
WILLIAM JOHN WEBSTER , Inspector of Counterfeit Coins at His Majesty's Mint. I have before me the packet of ten florins found in the forecourt of the house next the police station. They are dated 1878, and are all from the same mould, and are wrapped up in the way usual among coiners, with a piece of paper between each. The small particles in this packet are of antimony. The unfinished coins are from the same mould as the other ten. When I saw the good florin, found under the clock, it looked as if it had been in plaster. It was the (pattern piece of the others. All the coins produced in this case are from the same mould, including those which were uttered. The piece of molten metal found in one of the utensils has the same component parts as the metal of which the coins are made. I have seen all the other articles mentioned, including the part of a battery. The bottles contained silvering solutions and the finished coins, including those uttered, are silvered over. The unfinished ones have come out of the same mould, but have not been, plated. When plated over with silver they would not resist the action of nitric acid; it is not sufficiently strong. Nitric acid would take it all off. It is only superficial plating.
To Prisoner. I do not need to see the mould to prove that these coins were made from the same mould. I have had twenty-five years' experience in connection with counterfeit coins.
Verdict, Darling. Guilty.
The indictment of the four prisoners, for uttering and possessing counterfeit coin, was then proceeded with. Ernest Lee and George Lee pleaded guilty to uttering, not to possession; the plea was accepted by the prosecution; Darling and Smith pleaded not guilty.
JOHN GILLAN repeated the evidence given by him on the former indictment, and added: The paper was folded in such a way that none of the coins in the packet found in the forecourt of the house came into collision with one another. I told Smith that the packet contained ten counterfeit florins and asked him how he accounted for the possession of them. He said, "It is your place to find out." Ernest Lee said, "This is hot—mustard." I told them they would be detained and would later be conveyed to Wandsworth Common Police Station, where they would be charged. Neither made a reply. They were subsequently taken to Wandsworth Common Police Station and charged with Darling. They made no reply.
Cross-examined by John Smith. Lowrey and I were dressed up as public-house loafers. Lowrey had a large hammer, and I had a large pair of shears. I deny striking you a blow in the jaw, or saying that I would stick the scissors in your inside. I had hold of two of the prisoners, one with each hand, and it was impossible for me to put a band in anybody's pocket. I did not try to put anything into George Lee's pocket. It was you who did so.
HENRY GODDARD repeated his evidence, and added: I found some particles of bright metal in Smith's waistcoat pocket, among some buttons, which I produce. I called Smith's attention to those perticles, and ne made no remark.
Cross-examined by John Smith. The metal came from your righthand waistcoat pocket. I called your attention to it at Tooting Police Station. I found some loose buttons in the same pocket as those small particles of antimony.
Verdict, Darling and Smith, Guilty.
Police proved many convictions in the case of James Darling, the last being five years' penal servitude on November 18, 1901, from which he was released on August 26, 1906. John Smith's proper name was Darling; he was a brother of James Darling and there were several convictions against him, but not for felony. The two Lees were constantly in the company of convicted thieves, but had never been convicted.
Sentences. James Darling, Seven years' penal servitude; John Smith, 12 months' hard labour; Ernest Lee and George Lee, Nine months' hard labour.
THIRD COURT; Tuesday, January 15.
(Before Judge Lumley Smith.)
Mr. G. L. Hardy prosecuted; Mr. Charles Doughty defended.
Verdict, Not guilty.
It appearing that prisoner had been arrested upon the girl's mere statement, without a warrant, and without information being laid, Judge Lumley Smith directed the inspector in charge of the case to inquire to his superiors whether it was right to arrest a man on a charge of this kind, on what the girl had said and the result of the doctor's examination, and whether there should not be some preliminary steps taken.
Mr. E. H. Pickersgill, M.P., prosecuted.
the place was secured before I went to bed. I was not disturbed during the night. I went first to the shop parlour door, which I had to unlock in order to get into the shop. I then took the shop shutters down and put them away. Through the shop I went to the bottom of the stairs and told my sister it was not so late as I thought. I then went along a passage to the kitchen door. I unbolted the door and went to step down two steps into the kitchen when I received some blows on my head which almost threw me down. I put up my hands to recover my balance when, my head being down, I saw two legs pass. I called out, "Oh! there is a man." After that I received other blows, and I made for the back door. My sister came to me in the back yard. No property was mined. I had known prisoner as a customer.
To Prisoner. I do not identify you. I only saw the lower part of a man's legs as he went by.
ELIZABETH DORMAN , confectioner, 55, Langford Road, Fulham. I recollect coming downstairs on the morning of November 21. What attracted my attention when I came downstairs was a man at the foot of the staircase undoing the side door. That man is now standing in the dock. When I got hold of turn my sister's screams increased, and as I saw a man coming along, I let him go for the man to catch him. I then went into the garden and found my sister with blood streaming from her head. The chopper produced is my property. I mostly keep it in a box in the kitchen. It was sometimes left lying on the floor. Prisoner was wearing an overcoat.
JOHN EDWARD CHILD , 32, Gilston Road, Fulham. Part of the prosecutrix' shop is in my street and part in Langton Road. On the morning of November 21 I heard a scream. I hurried to the spot and saw a female struggling with a man in Gilston Road. I knew the lady (Miss Dorman), but I did not know the man. When I was within about 40 yards he broke away and I ran after him. I did not overtake him. He had a short overcoat on.
ROBERT WILLIAM THOMAS EWART , 4, Wandsworth Bridge Road, registered medical practitioner. On the morning of November 21, at even o'clock, I was called to see Miss Annie Dorman. There were several wounds on the top of the skull, varying from 2 1/2 in. to 1 1/2 in. in length. Two wounds almost parallel to the vertex of the skull were 2 1/2 in. and 2 1/2 in. long. In one the bone was laid open. The injuries had been caused by some sharp-edged instrument. The fingers of both hands were badly bruised. There was great loss of blood, and she was suffering from shock. She was in bed about 14 days. She had sustained what I should call grievous bodily harm.
BESSIE HILLS , 13c, Marine Field Road, Fulham. On November 20 prisoner's parents lived at this address beneath the rooms I occupy. Prisoner was not at home at the time. On the morning of November 21 I found a coat neatly folded up in the passage of the house. I do not identify the coat produced. I found it about 20 minutes past six on returning to the house. There was no coat
when I went out. I did not touch the coat. I just looked at it and went up to my house.
FREDERICK HILLS , 13c, Marine Field Road, Fulham. I am 13 years old. I remember finding a coat behind the middle door on the morning of Wednesday, November 21. I gave it to a little boy named Smith who was standing outside.
WILLIAM SMITH , labourer, 13b, Marine Field Road. On November 21 the overcoat produced was given to me, having been given to my boy by a lad named Frederick Hills. I found the pocket-book produced in it, and inside the name "Charles Saxby, Marine Road, Fulham, S.W." I did not notice anything on the coat, which I threw away into the street.
Detective GEORGE WESTON, T Division. On November 22 I saw the last witness in Fulham Road at eight p.m. He handed me this cost, which he stated he had found in the Marine Field Road. I fetched it to the station, and produced it to prisoner. He said, "Yes; that is my coat."
FREDERICK PARKINS , 114, Townmead Road, Fulham, painter and house decorator. I saw prisoner on the morning of the crime after it had been committed. He came to the place where I was working, and I said, "Halloa, where have you been to?" He said he had been to Epsom to see his aunt. I said, "Have not they got any work for you?" and he said they had been out of work themselves for two months. Then I said, "Hallos, Charlie, where is your overcoat!" He said, "I was getting over a fence and tore it and left it behind; it being an old one I did not want it any more." I said, "You were very foolish," because it was coming on to be wet and cold weather. He made no reply. I recollect having a further conversation with him in the presence of a man named Arthur Collins, the same day. He asked me had I heard about the Langford Road outrage? I said "No; what is it?" He said, "There has been a woman murderously attacked by burglars. I do not know whether she is dead, but they have not got anything." A few moments afterwards the paper men were going round the streets crying out, "Awful crime in Langford Road," but nothing shook him; he was as cool as I am myself. Nothing was said to prisoner in the presence of Collins with regard to the coat. I had known prisoner about seven months. He worked in my employment about five months as a labourer, washing off ceilings and stripping walls. I found him a steady, sober, and hard-working man. As far as I can recollect, he had been out employment 10 or 12 weeks at the time this outrage was committed.
Police-Constable JAMES LOCKYER, 50 TR. I remember prisoner coming to the police station at Walham Green at half-past 12 on she afternoon of November 22, the day after this lady was knocked on the head. He said, "I am Charlie Saxby. I have come up here as you want to see me about a coat. He was shortly afterwards seen by Inspector Collins. who in my presence told him he would be detained on suspicion of breaking and entering 55, Langford Road, Fulham and attempting to murder Miss Annie Dorman by striking her with
a hatchet. To that he made no reply. I was then directed by Inspector Collins to take charge of the prisoner. During the time he was in my charge, after being cautioned by me that anything he might say I should make a note of, and inform Inspector Collins about, and that it might be used against him later on, he said, "How do you think I shall get on?" I replied, "I do not know, I am sure," He said. "This is between me and you. I got into the shop about two o'clock in the morning and slept in the kitchen. When the woman opened the door she commenced to shout. I then struck her with my hand several times, but she would not leave go. I saw the chopper lying there, and I struck her two or three times with that Another woman came downstairs and caught hold of me. I pushed her away, unbolted the side door, and ran away down Marina Field Road. I heard whistles blowing. I took my overcoat off so that no one should know me. I knew that you was after me." Afterwards he said, "I first of all got over the side wall and got into the shop door." Later on he said, "I knew 'Sailor Jack,' the 'copper,' was after me this morning. He was at the paper factory, but I did not go there until he had gone away." I subsequently saw him placed with 12 other men in the court yard at Walham Green Station, when he was at once identified by Miss Elisabeth Dorman, the sister of the injured woman, as the man who had assaulted her sister.
Police-constable MORBEY, T 243, gave similar evidence as to prisoner's detention, and his statement to the last witness.
Sergeant JOHN ASHLEY. T Division. On November 22 I saw prisoner at 12.40 p.m. He said, "I am Charles Saxby. I understand you want to see me about my coat. I conveyed him to the library, and then said, "I am a police officer making inquiries about your coat. I shall detain you pending the arrival of Inspector Collins on suspicion of having forcibly entered 55, Langford Road, and violently assaulted one of the occupiers on Wednesday, November 21." To that he made the following statement, "I put my coat behind the middle street door at 10.30 p.m. on Tuesday night. I then went to a lodging house, No. 561, King's Road, and slept in No. 33 or 35 bed, sad left there about eight o'clock next morning. After that I saw my brother, and then went and had a wash in the New Park. Then I went back to Osborne and Shearman, the paper stainers. This was about 10.30 a.m. I then went to 15, Pultowa Street, to see my mate, Fred Parkins, and stayed with him till dinner-time on his job, and afterwards went back to the job with him and stopped there until 7.30 this morning. I know nothing of this job you are talking about. I passed through Langford Road that morning. There were 10 men sleeping in the same room as I did in the lodging house. I have been sleeping lately in doorways. I saw one of the coppers when I was washing in the park." The other conversations he had with the police were an hour or so afterwards. He first of all came to the station and talked about his coat. I was present when Inspector Collins read over the prisoner's statement as given by constable Lockyer.
This was his reply, "I did not know he was after me. A pack of lies that. I told him something. It is not true." I examined the overcoat and found no stains upon it, but I did find blood inside the sleeve of the jacket he was wearing at the time. The overcoat had a lot of mud on it.
WALTER LAMBERT , deputy of the Reform Chambers lodging-house, near Chelsea Bridge. The number of the house is 541a, and it is situated pretty well down towards Fulham. I know prisoner, who has several times been a, lodger. I am able to say that he did not lodge there on the night of November 20. I cannot give the names of the persons who lodged in Nos. 33 and 35, on that night as they were strangers.
Detective WILLIAM FOX, T Division. On November 21 I visited 55, Langford Road and found that entry had been effected by scaling the garden wail, passing across the garden, and entering by the scullery window. There was a great deal of blood outside the wash-house door which leads into the garden.
CHARLES SAXBY (prisoner on oath) said the offence was not committed by himself, but by a man named William Hardy, who told him he had come from Manchester, and whom he had come upon through being out of work, outside the paper stainers. On Monday, November 19, they went together to Epsom, where a new building was being erected. They arrived about five o'clock, and, it being too late to apply for work, they walked to Ashtead, and slept in a barn or shed. On Tuesday morning they walked back to Epsom to the building, and were told no hands were wanted, and walked back to Fulham, where Hardy got a job carrying a parcel. Witness proposed to meet him opposite the show ground, North End Road, when he had finished. Going up the North End Road he met an old sailor chum whom he bad known in the navy, who asked him to have half a pint. Then he went up to the show ground and saw Hardy. After a visit to the Fulham Free Library they went to the show ground and stayed till ten. After that they walked round the Wandsworth Bridge Road. He told Hardy he was going to a lodging-house, but Hardy said he could not come with him, as he had not any money. Witness said he could not afford to pay for two, and Hardy said, "Well, then, let us have the coat." He agreed to do so if Hardy would undertake to return it outside the paper stainers next morning. Witness accordingly went to the lodging-house, the number of which, he believed, was 561, King's Road, and ordered a sixpenny bed, and was walking upstairs when Lambert, the deputy, said they were ninepenny beds upstair, and put him into the front room—No. 33 or 35—he could not be sure which. He left there about half past eight in the morning and went down to get a wash at the New Park. He saw his brother at the top of the Townley Road and had a
few words with him. He afterwards met Hardy, who said he had been to the paper stainer's and had come away. On witness asking, "Where is the coat?" Hardy said, "I have something to tell you, Charlie. It was so cold last night I could not sleep on a doorstep. I had to walk about. It came on to rain, so I got over the wall at Dorman's, went into the w.c, and shut the door. In the morning, finding the scullery window open, I got inside, and, finding it a bit warmer, I fell asleep. I heard someone open up the shop and then come in the kitchen, and, seeing the chopper lying there, I picked it up and gave her three blows with it." Then he said, "Do not give me away Charlie. I am going to clear away out of it to Swansea and catch a ship." Witness promised he would not give him away, but said, "There are men paid to find you out." Witness went round and saw Fred Parkins and asked him if he had heard about the tragedy. He said, "No." He then went round and saw his mother in Stephendale Road, who said, "The police want you about your coat" and advised him to go to the police station. He went back and told his mate, Fred Parkins, who also advised him to go to the police station, and when he got there he was detained and the prosecutrix, Annie Dorman, picked him out. The story he told to the police was untrue, and the object of the confession was to give his mate a chance to get away, as he had promised not to give him away.
Prisoner's naval record was put in, showing convictions and punishment for skulking, negligent performance of duty, wilful disobedience to lawful orders, and violence to ship's police, he having been discharged, "Services no longer required."
Sentence, Twelve months' hard labour.
Mr. Sidney E. Williams prosecuted.
JOHN JAMES GIBSON , railway porter. On December 15, about half pas five I was in Cable Street going along what is called the North East Passage. As I was going past I was fairly knocked down and three or four young men crushed on me and laid me on my back. Prisoner was one of them. They ransacked me and took my watch out of my pocket and £1 4s. 8 1/2 d. They put their hands underneath my chin and put my hands back so that I could not use my arms at all I am regularly crippled in both arms; one shoulder has been put out and a piece of dead bone has been taken from the other arm. Afterwards they ran away. I identified prisoner the following Sunday evening at a lodging-house.
ADA THOMPSON , wife of Thomas Thompson, Pearl Street. On December 15, about half past five, I was in Cable street. I saw prisoner give the old gentleman (Mr. Gibson) a blow at the back of the head and knock him down. I cannot swear which one robbed him, but prisoner and three other men robbed him of his money and
his watch. It was done so quick I could not say which one done it; they were gone in a minute. Prisoner had been following me for a quarter of an hour before this happened. On the following evening I was asked to go and identify prisoner.
PRISONER (on oath) denied the charge.
(He was a witness at the previous Session against Michael Walsh, who was convicted of wounding—see page 183.)
Previous convictions proved. Sentence, Eighteen calendar months' hard labour.
NEW COURT; Wednesday, January 16.
(Before the Common Serjeant.)
HILLYER, William John , indicted for forging and uttering two receipts for the payment of £10 and £7 respectively, in each case with intent to defraud, and that being one of divers joint beneficial owners of certain moneys of the Amalgamated Society of Farriers he did steal the several sums of £3, £2 10s., £7, and £3, the moneys of the said society. Pleaded guilty of stealing and not guilty of forging. Mr. W. M. Thompson, for the prosecution, accepted this plea. Prisoner was secretary of the East End branch of the society, which has its headquarters in Manchester, and among other duties had to receive the contributions of members. Sentence, Six months' hard labour.
Mr. J. F. Tindal Atkinson prosecuted.
DAVID JENNINGS . 74, Ruby Street, Old Kent Road. I am prisoner's uncle. On Friday, December 14, my wife shut the house up. On the morning of the 15th, when I came down at half-past five, I was startled by seeing the gas alight in my front room. I found the window of that room open; a pane had been taken out and laid on the grass. On looking round I missed several articles. I then gave information at the police station. Among the things missing, which were my own property, were a pair of hobnailed boots, a pair of new trousers, a cap, and a silk handkerchief; and my son lost a jacket, a pair of trousers, an under jacket, an overcoat, a scarfpin, and a pair of socks. I found some clothes not belonging to us, a jacket, two odd boots, a pair of trousers, and a handkerchief in front of the fireplace. A knife was lying on the floor near the window.
To Prisoner. I suspected you because your father told me he saw you with some of my clothes on.
MARY JENNINGS , wife of last witness. On the night of December 14 I closed the door myself and my son put the latch up. The window of the front room was fastened. We went to bed exactly at 12. I last saw prisoner on December 1, when he called at my house. He was wearing the clothes produced.
SIDNEY JENNINGS , son of the last two witnesses, spoke to receiving a pair of socks belonging to himself from the officer in the ease. In answer to prisoner, he said he knew the socks by the holes in them, as he always wore out his socks in the same place.
Detective-sergeant FRANK BEVIS, R Division. I went to Ruby Street on December 15 and examined the premises. A pane had been removed by cutting away the putty with a knife. On the 19th I arrested prisoner at a lodging-house in Tooley Street. He said, "Who the b——h—has put me away; I suppose that old cow who lives with my father; I suppose I shall get three stretch for this; I don't care; I shall have no lodgings to look for; I sold the hobnailed boots to a carman; the clothing you will have to find; I shall say I was in bed on Friday night; I can prove it." I took him to Deptford Police Station, where the last witness attended. When brought out prisoner had no boots on. He was lying down and Jennings said, "That pair of socks he is wearing now belong to me." He was charged and made no reply.
PRISONER (on oath) denied the robbery, and stated that he bought the socks of a Jewess in the gutter for 3d.
Verdict, Guilty. Previous convictions were proved.
Sentence, Twenty-one months' hard labour.
LIPMAN, Robert (umbrella handle fitter, of Russian nationality); feloniously receiving 36 umbrella handles and divers other umbrella handles, the goods of Arthur Lichtwitz, well knowing them to have been stolen; procuring Herbert Smith to steal the goods of Arthur Lichtwitz, his master.
Mr. J. P. Grain prosecuted; Mr. Purcell defended.
HERBERT SMITH (aged 20). I went into the service of Mr. Lichtwitz about two years ago. I had known prisoner as a customer for about twelve months. Lichtwitz deals largely in all articles used in the manufacture of umbrellas. I have some handles here made of horn and all sorts of things. His shop is at 41, Aldersgate Street. Prisoner had a shop or warehouse in Great Chart Street, where he fitted the umbrella handles, and his private house was in Brunswick Place. When he came to prosecutor's shop he asked for the lines he wanted, and I looked them out from the stock. I then made the invoice out and packed the goods, and prisoner, having signed for them in the book, took them away with him. I did steal a considerable quantity of goods belonging to my master, and was arrested in the street on November 15. The first time I had a dishonest transaction
with Lipman was two weeks before the August Bank Holiday He had come to Aldersgate Street to buy some ladies' handles. These are usually kept in small boxes containing four dozen each, and he selected about three dozen. Lichtwitz left us for a moment to make the invoice out, and prisoner then said he wanted one or two gent's handles. I showed him one or two samples and told him the price, but he said they were much too dear, He then asked me to take one or two from each box and replace them with old samples, which I did. The value of those was about 5s. He paid for them and put them into his pocket. I did not make any entry or memorandum of those; he did not sign for them and no invoice was made out. A few days after he came for some gent's lines the same as the three samples he had from me, and I got them ready for him. The price would be about 18s. a dozen. Again there was no invoice or signature, and he gave me 5s. 6d. or 6s. Just before the Bank Holiday he wanted 12 dozen ladies' handles. I showed him the ordinary lines, and they were again too dear for him, and he asked me to take one or two from each box and so make up a gross. He said they would not be missed at that time. After he had gone I took them from the stock and took them round to his warehouse three dozen at a time. I made no entry of these in my master's books and prisoner gave no receipt for them. I took them round to him after closing time, about seven or half-past. On the Saturday before the holiday, after two o'clock, I delivered the last of the gross and received the sum of £1. I was on that occasion accompanied by a Mr. Slater, a friend of mine, who remained at the corner while I went in. and when I came out he saw the money. About a fortnight after the holiday I again saw prisoner at prosecutor's warehouse, and he told me he had bought some stuff in the ordinary way which was charged in the invoice book and signed for. He told me also that he wanted a quantity just the same as I had taken to him before. I selected them in the same way as I had done the previous lot and delivered them during the week in three or four lots between seven and half-past. The legitimate price would be about 40s. a gross, and prisoner gave me 20s. A Mr. Ross was with me on several of these occasions. The same kind of thing happened on about five or six subsequent occasions. On November 14 I saw prisoner at his workshop. He asked me to deliver 36 dozen of ladies' bandies the next morning between 10 and half-past. Next morning I took 16 dozen to his house and told him I would bring the 20 dozen the same night. I picked out the 20 dozen and packed them up and left prosecutor's warehouse with them, between seven and half-past. When I had got as far as Bath Street I was stopped by the police and locked up. Next morning (November 16) I was brought before the Alderman at the Guildhall and remanded until November 20 when I pleaded guilty, and was bound over to come up if I misbehaved. On being released I wrote out a statement, which I handed to prosecutor. I remember being a few days afterwards at the ware-house with Lipman and the prosecutor. Lichtwitz "touched" him with receiving, and asked him if he had received goods. At first
he said "No," but soon afterwards he confessed. He said that on one occasion only had he had any goods from me, that I had taken him some goods which he had bought in the ordinary way, and that I had also endorsed three dozen which were not charged up for which he paid me 1s. 4d. I denied having received 1s. 4d., and said I received 30s. on that occasion. He denied this, and they then left me and went back to the office. Soon after they came from the office, and Lichtwitz asked me the quantity I had taken to Lipman and how much I had received. I told him about £5, that he had paid me about one-third of their value, which was between £13 and £15. Lipman admitted that everything I said was right. He then asked for a piece of paper, and put down the figure 5 with an 8 below it, being the difference between £5 and £13. He then said to Lichtwitz, "I will pay you every farthing, but I cannot pay it all at once. I can pay you 4s. a week. That ended the interview. I stole some other goods, and a man was charged at the Guildhall for receiving them and discharged on account of the evidence being insufficient.
Cross-examined. I had robbed my employer before I was tempted by Lipman. I had latterly been in a position of trust in Lichtwitz's employment and had the key of the warehouse. I was not always the last to leave the premises; on some occasions the traveler would leave after me. In order to conveniently take out stolen property I had to wait until his back was turned. I first began to rob my employer about a year ago, after I had been there about twelve months. I took the goods I stole to a man named Martin. On November 15 some of my muster's property was found in the possession of a man named Neville. I was at the Guildhall when he was charged. I admitted to Lichtwitz on November 20 that I had taken property to Neville. I confessed about Martin in March or April six months before I was arrested. Martin was a shop-keeper. When I was arrested I did not know that Neville's place and Lipman's place had been searched that day. At the Guildhall Lipman was a spectator of what was going on. It was not arranged with Lichtwitz that if I gave information at to what had been done with the plunder the Magistrate should be asked to deal with me as a first offender, although I had robbed prosecutor before. Detective Swallow mentioned to the Alderman that I had done the same thing before. Prosecutor did not take me straight back into he employment. I was released on the Tuesday and went bank on the Friday. I have since been in his employment on and off but I do not still have the key of the warehouse. I am now paid 3 a day; formerly I was paid a guinea a week. At the interview when I stated that prisoner had paid me about one-third of the value of the goods there was no one present but him, prosecutor, and myself. At the second interview there were two detectives concealed. They were not there when prisoner first cams, and where he was standing he could not see them. Slater is a cabman. He accompanied me when I went to prisoner's warehouse or dwelling-house
three or four times. He used to wait for me. He accompanied me once or twice on a Saturday and on Sunday morning, and once on a Tuesday. I did not ask him to go with me; he came of his own accord. I showed him the sovereign I had received from Lipman on one occasion, but I do not think more than once. Somebody else went with me once or twice, Alfred Ross, who is a porter, I think. I have known him about three years. He works about five minutes from my place and goes home with me. I do not know whether I showed him any money; I may have forgotten that. I did not speak to either him or Slater about what I was doing.
Re-examined. Lichtwitz did not find out about my taking goods to Martin; I told him about it, and he forgave me and gave me another chance. That fact was mentioned to the Alderman. After my arrest I made a written statement which I handed to the police.
ALFRED ROSS . I am a porter employed by the American Stove Company, 52, Queen Victoria Street. I have known Herbert Smith for some time. I leave on Saturday at two o'clock. I live in the same street with Smith, Teesdale Street, and used sometimes to call for him in Aldersgate Street on Saturday afternoon. One Tuesday evening in September I accompanied him to Lipman's house in Brunswick Place, close to Great Chart Street. We had a conversation about money. Of coarse, I had not got any. Smith took a parcel to Lipman's and came out without it, and showed me some money he had got for this parcel. We went to several public-houses. The next time I went with Smith was the last Saturday but one in October. I waited for him in Aldersgate Street after two o'clock. Smith came out with a parcel, which he took first to prisoner's shop and afterwards to his private house. He was there about half an hour, and came out without the parcel. The next time was the Saturday following, about the same time. I waited for Smith, who came out with a parcel, which he left at prisoner's warehouse. After he had left the parcel he went to prisoner's private house. I waited round the corner. I waited for him again the following Saturday afternoon. He had no parcel on that occasion, but said he was going to Lipman's workshop for some money. He came out in about a quarter of an hour. I waited for Smith again the following Saturday. On that occasion he had a parcel. He left the parcel at prisoner's shop and went on to his house afterwards. I have also been with him to Lipman's on a Sunday. That was after the first Saturday, about 11 o'clock in the morning. Smith went first to the shop where he stayed about a quarter of an hour, and then went on to the private house. I went with him three consecutive Sunday mornings. On Sunday mornings there was never any parcel taken. I was called on to give evidence at the Guildhall. I have been in my present employment six or seven years. I knew nothing about the parcels containing stolen goods.
Cross-examined. I have known Smith a matter of about three years. I know William Slater. I went with Smith to prisoner's on
four Saturdays, three Sundays, and one Tuesday. I recollect as to the Tuesday because prisoner went out with a girl every night except Tuesday. Lichtwitz and Smith came to see me at 93, Teesdale Street, and asked me to give evidence at the Guildhall. It struck me as strange that Smith should be visiting Lipman after business hours on Saturday and Sunday, but I was not "nosey." Smith showed me money three times, once on the Tuesday, on one Saturday and one Sunday morning.
Cross-examined. I left prisoner's house on being told to get out at quick as I could. I left his employment on my own accord. I am at present employed by a Mr. Beck. I do not know if it was on Lichtwitz's introduction that Beck employed me. I had been employed by Beck before and left through slackness of work. I was subpœnaed to give evidence at the Guildhall. Lichtwitz had previously been to see me.
WILLIAM GEORGE SLATER , licensed hackney carriage driver, Paragon Road, Hackney. I have had a licence for about four months. I was previously coachman and groom. I have known Herbert Smith for about four years. I knew nothing of prisoner before these proceedings. I have been to Brunswick. Place with Smith about four times all told. The first time was on the Saturday before August Bank Holiday. Smith came out with a parcel and went straight to Brunswick Place. We got no satisfactory answer there, so we went to Great Chart Street. I stayed outside. Smith had left the parcel at Brunswick Place. The next time I went with him was on the following Tuesday. I met Smith by appointment at the warehouse, I suppose, about seven o'clock in the evening. He came out with three parcels. He left one just round at the back of the prosecutor's ware-house, another in Aldersgate Street near the pump, and the other in Great Chart Street. I remained outside and we afterwards went to a music-hall. The next time I went was a Sunday morning. I met Smith at his house. We first called at my cousin's in Hoxton and then went to Lipman's private house. Smith remained there some considerable time and we went home to dinner together. The same thing happened on another Sunday morning. I have no interest in this matter, only I should like to see Smith have his rights. I did not know he was stealing from his master. I was in a situation as groom at Hackney about 15 months, and, of course, when I applied for my licence had to give a certificate of character.
Cross-examined. It is not correct that Smith ever showed me any money, and if Smith says he did it is a lie. Before I was subpœnaed I had a visit from Lichtwitz.
a man who fits these umbrella handles on to the sticks. He was in the habit of coming and selecting goods from time to time. Smith was a general assistant and would show and sell goods. In the ordinary course of business he would come and select the goods, sign for them, and take them away with him. I had previously found Smith stealing my goods and had forgiven him. After he had been locked up I saw him at Moor Lane Police Station. I was asked if I would formally charge him with stealing my goods and did so. I received a letter from him on November 21. A day or two afterwards he called at my place in Aldersgate Street. On the 20th Lipman came to my place and was going to do business, but I said that before we did any further business I must have a chat with him, and I took him into my office. I told him about the confession Smith had made, and said that since he had been charged he had made a far fuller confession to me, and I must find out whether there was, any truth in it. Lipman denied all complicity in the matter, and said, "The fellow (Smith) is a thorough liar. I am surprised that you should have pleaded for him in the way you did. I should have got him five years penal servitude." I said, "I am going to find out whether there is any truth in what I have been told, and if I find you are innocent, and that Smith has accused you wrongly, I shall do business with you and do all I possibyl can to put it right." After further conversation of a similar kind he finally made an admission. He said, "Well, I will tell you the truth. The only transaction I have had with him is one of three dozen handles for which I gave him one shilling and fourpence for a drink, but I told him at the time he must not do it again, as I did not like this sort of thing." I said, "After denying having had any transactions with Smith for over an hour, you are now making this admission, but you do not expect me to believe now that these are the only transactions you have had?" Then I said, "Smith is in the warehouse at the present time. Would you like me to confront you with him?" and he said, "Yes." I went into the show room with Mr. Lipman, and called Smith into it and said. "Lipman has just told me he has only had one transaction with you, one of three dozen handles for which he has paid you one shilling and threepence or fourpence for a drink. Is that right?" Smith said, "No; I never have taken such small quantities of goods to the place or received such a small sum of money. On the occasion you (Lipman) speak about I received 30s. from you." Smith also said that there had been many more transactions and Lipman questioned him about it. Lipman asked. "How much money do you think I have paid you in all?" and Smith said, "About £5. You generally paid me about one-third of the proper value." "How much would that be?" Lipman asked, and Smith said from £13 to £15. Lipman then worked out the difference between £5 and £13 on the piece of paper (produced), and offered to pay me the £8, but I refused to receive anything, saying I would not accept any money of that description. He said, "I shall not pay you the £8 at once. I shall pay you so much
a week. "I believe that ended the conversation. I believe Smith then went into the warehouse and Lipman came into my office with me. A Mr. Shipman came in, but I would not allow him to talk business with the prisoner in my office. I told Lipman I should go into the matter and after that he went off. He came again every day between the 20th and the 24th, but I refused to do any further business with him, telling him that in the interests of trade I must try and stop this, and try to get at the truth in his case, as there was so much of it going on, and it was ruining all respectable and legitimate trade. I had often been in communication with fellow-members of the trade. He said, "Well, I cannot make full confession. I told you the boy has been telling you lies. If you like I will give you that in writing that all the boy has said is lies." I said, "Mr. Lipman, I do not want you to make any confession of anything you have not done, but I insist on getting at the truth. If the boy has accused an innocent man I shall make him suffer for it." Then he went away. The following statement was afterwards written down and signed in the presence of Gale, my traveller: "I make the statement that your lad, Herbert Smith, has been to my place of business or private house during week days only, and this from two to seven times at the most; that he has never been to see me at either address one single Sunday. I also offer to pay you the £8, but cannot pay you at once. I will pay you in weekly instalments of 4s. per week. I am positive that Smith has not been to my place of business on Thursday morning, November 15. I am making this statement absolutely voluntarily without threat or promise of any kind. London, November 24, 1906." That statement was signed by Lipman, Gale, and myself. After that I had no further communication with him, but consulted a solicitor, and was from time to time in communication with the City Police. When I made up my mind to take proceedings against Lipman I took stock from January, 1906, to November 15, and found a deficiency equal to £41.
(Thursday, January 17.)
ARTHUR LICHTWITZ , recalled, Cross-examined. I was naturally anxious on discovering the deficiency to find out who had received the plunder. I am agent for a German firm who send these goods oven. The day after I received Smith's statement I went with the police to Neville's place, after Smith had been before the alderman. We also went to Lipman's place, where a quantity of my handles were found. For some of the goods Lipman produced invoices. Neville was taken into custody, and brought before the alderman, but was discharged. It was stated to the alderman that this was not Smith's first offence, but he only bound Smith over, and three or four days after he was released I gave him employment. I had him with me to protect him. I pay him for his work. At present he is having three shillings a day. I went with Smith to see Ross. I do not think I gave Ross's
name and address to the police; I did the detective work myself. The police knew nothing of my visit to Ross. I think Slater called at the office. If one or two friends call up I have no objection to it. As to Wood. I sent and said I wished to speak to him. I heard of him through the detectives, not through Smith. By a combination of circumstances Beck happened to want a workman when Wood was discharged. When Lipman came to my office, and there were these conversations with Smith, there were two detectives on the premises. They came to bring a box of my property. It is not correct to say they were sent for and concealed on the premises with the door open. They were in a position where they could hear what was passing between Lipman and myself. I recollect prisoner's son coming about an account and asking for a certain discount, and I told him to tell his father to come himself. It was not on that occasion I confronted him with Smith. Lipman was with me about an hour on the 24th, when this document was signed. I heard eight or ten months ago that Martin was receiving things from Smith. I went to see Martin and he signed a voluntary confession. I did not charge Martin. I got the confession from him because I thought it would be a safeguard. I did not want to put the young fellow in prison. I made it known in the trade. Martin is a frame maker. I believe. Lipman had a weekly account.
JAMES HENRY SHIPMAN , umbrella manufacturer, 5, Jewin Street I have known both prosecutor and prisoner for some years. I went into Lichtwitz's place on November 20 and saw Lipman there and heard some conversation.
Cross-examined. I have known Lipman for more than 20 years. He has borne the character of an honest and honourable man, and, so far as I know, he is respected by everybody in the trade. I heard Lichtwitz accuse Lipman of having received goods from Smith, and I said I was astonished at such a thing. As far as I can recollect, Lipman shrugged his shoulders and said it was wrong. Lipman afterwards admitted that he had had three dozen from the lad, and Lichtwitz said that, according to Smith he had had a great deal more. Lipman said he had not. He said also he had given the boy 1s. for the handles and 3d. or 4d. for a drink.
ARTHUR GALE , traveller. I signed the document which has been produced. Before I signed it Lichtwitz read it to Lipman. I should sometimes be at the warehouse later than Smith. I have never seen him carrying out parcels in the evening unless I had sent him with them.
Detective SWALLOW, City Police. On November 15 I saw Herbert Smith in Bath Street, St. Luke's, carrying a parcel. I stopped him and the parcel was found to contain a number of these handles. They counted up. I think, to 208. He was arrested and brought before the Alderman.
Cross-examined. I went with Lichtwitz and Sergeant Stewart to Neville's place.
Inspector HOBERT LYON. I received a warrant for the arrest of prisoner on December 6, and on that day went with Lichtwitz to Great Chart Street. I charged prisoner with receiving the handles knowing them to have been stolen and with counselling and procuring Herbert Smith to steal them. When I asked if I should read the warrant to him he said, "Will you allow my wife to be present as she understands better than me." I then allowed his wife to be present. I read the warrant and asked him if he understood, and he said, "Yes." He also said, "I have been over 30 years in England, and I have been over 20 years in business for myself, but was never accused of such a thing before." He was taken to the station and charged.
ROBERT LIPMAN (prisoner, on oath). I have been in England over 32 years. I came from Russia when I was 17 and have been following my trade the whole of that time. For three years I was an employee with a firm in Redcross Street. For the last 22 years I have carried on business on my own account, and during that time have been doing business for largish firms in the City. For seven years I was carrying on business at 2, Cannon Street Road, and then went to my present address. I opened a workshop at 16, Brunswick Place, City Road, and have been doing business with Lichtwitz for the last 15 months. The goods were usually sent round to my place, but sometimes in the middle of the week I would take them myself. On Saturday I would not carry a parcel, and the things would be sent. On Saturday I close my workshop at Brunswick Place at two o'clock. If Smith brought me a parcel after that he would come to my private house, and I used to go back with him to the warehouse. It is not true that about a fortnight before August Bank Holiday I asked him if he could do them cheaper, and told him to take one from each box and replace them with old samples. All the handles I got from Lichtwitz were honestly purchased and paid for. When Lichtwitz came with the police to my house on November 16 I had a lot of handles I bought from Lichtwitz and showed him the vouchers for all of them, and he said "Quite right." The detective asked Lichtwitz if he was satisfied, and he said "Yes." I then took him over to my private house, which they searched as well as the shop. Lichtwitz informed me that Smith had been stopped in the street. In consequence of what I had heard I attended at the Guildhall on November 20, and Lichtwitz then begged my pardon. I went to see him on Saturday, November 24. and marked the size of the handles I wanted—five-eighths—on a hit of paper. I wanted the handles for some particular sticks. I never told him that I had bought three dozen of Smith or any quantity. After that I sent my son to pay an account. He came back and said Lichtwitz wanted to see me and wanted to do business again with me. I went to see Lichtwitz and asked him why he had not taken the money from my son. He said the account had been Handing over three weeks and he could not afford to take the price
off. I told him it was no good having a row with me and I paid him right off. I told him I wanted some more handles 48 dozen. Then he said, "Look here, I have trusted you with stuff up till now, but I cannot do it any more unless you give me a guarantee for it." I said, "What guarantee can I give? I cannot fetch people here." He then said, "I do not want that. I will write out a paper and you can sign it. How much stuff do you want?" What I wanted came to £8, and he asked me to sign for £8, and he and another man also signed it. I cannot write or read at all. I can only sign my name. Litchtwitz then said it was already late, and it would take him some time to find the boxes and select the stuff, but if I would come up on Monday morning I could have the goods, and he would have to pass the goods before he made out the invoice and see that he had them correct. I saw him the following day (Sunday) in Houndsditch. when he said, "Do not trouble to come any more for the goods. I have made up my mind not to give you the stuff." So I said to him, "I want my signature back." He said, "I cannot give you that. The only thing you can do is to summons me for it."
Cross-examined. The document now handed to me is what I call the guarantee, but it was only a little piece—not so much writing. That is the paper I signed; I cannot tell what part has been added since. I cannot read. (Mr. Grain read the document.) No; he never spoke like that at all. There is not a word of truth in it. I did not sign a paper like that. I did not sign any other paper. Perhaps Smith was in my place the day before he was arrested. Wood was then in my employment. I heard him swear yesterday that Herbert Smith came to my place on the afternoon of the 14th. I do not think I had any conversation with Smith; I was too busy. I did not give Smith an order on that day. On the morning he was arrested he came to my place with a little bag of samples. I told him I could not give him an order, as the things were too dear for me. He had been with samples many times before. He afterwards used to bring me goods on Saturday afternoon. Once or twice he came to my private house after closing time. I used to buy goods on almost every Saturday. I always signed my name when I had goods. I never paid Smith any money at all at any time. I always paid at Aldersgate Street myself, but once I had a crossed cheque which I left with Smith. There was no interview at which Lichtwitz said, "Smith has made a far fuller confession, a much greater confession, and before I do any further business with you I must find out whether there is any truth in it or not." He told me nothing like that. I told Lichtwitz I had never had any dealings with his lad. I did not say that Smith was a thorough liar. Lichtwitz did not say. "I must find out the truth, and if Smith accused you wrongly I shall do business with you and do all I can to set you right." I never mentioned having bought three dozen handles from Smith for 1s. or 1s. 4d. (Prisoner also gave a categorical denial to other statements of the prosecutor.)
prisoner 23 or 24 years. He has always borne the character of an honest and honourable man.
HUGH YOUNG , manufacturer's agent, 6, Aldermaabury Avenue; GEORGE BLAND, umbrella manufacturer, 10, Silver Street, E.C.; ALFRED CASSNER, silk manufacturer, Clerkenwell; and ADAM HUNTER, 30. Barbican, also gave evidence as to prisoner's character.
Verdict, Guilty. Sentence, Nine calendar months' hard labour.
THIRD COURT; Wednesday, January 16.
(Before Judge Rentoul.)
MATULAITIS, Anthony (34, tailor), and MATULAITIS, Annie (27, his wife); having been entrusted by Domecele Buda with certain property, to wit, the sum of £10 and two skirts in order that they might retain the same in safe custody, did fraudulently convert the said money and property to their own use and benefit.
Mr. Aubrey W. Davies prosecuted; Mr. W. M. Thompson defended. The evidence was interpreted.
DOMECELE BUDA . I live at Bethnal Green. In October, 1905, I came to London and lodged with prisoners. About Christmas, 1905, I received a banker's draft for £10 from my uncle in America. As I do not speak English, the male prisoner went to the bank with me to get the money. The same day I handed the £10 to female prisoner; she said it would be safer with her, and I should have it back. Two weeks before Christmas I went to a situation, where I remained five months; then prisoners invited me to go back to work for them, saying that they would see what they could pay me, and I went. After a time I got another situation, and left prisoners; I left in their care two skirts. In December, 1906, I asked female prisoner for the skirts; she refused to give them, saying that they belonged to her. I asked her for my money; she said. "There is no money for you, you have used it." Anthony also refused it. The skirts were pawned by the female prisoner.
Cross-examined. I came here from Lithuania on September 9 and was introduced to prisoners at a Lithuania Club; then I went to their home to lodge. I brought with me from Lithuania 15 roubles (30s.). I paid prisoners for my lodging the first three weeks, one shilling per week, and I bought my own food; then I got a situation, where I received half a crown a week. The female prisoner took all this money from me. After three weeks I left the situation and returned to prisoners. It is not true that I agreed to pay them 12s. a week for board and lodging. When I asked female prisoner for my £10 she said it had been used up for my board and lodging. It was in December last that I asked for my money back. I frequently asked for the skirts.
(Thursday, January 17.)
Cross-examination resumed. One skirt is worth six shillings; the other seven shillings; one was bought for me by female prisoner; I was then in their service, and she said she would take the money for it out of my wages. They were then paying me four shillings a week to help them in the house; that arrangement lasted for four weeks, and they paid me for three weeks. I know a man named Vieinis; he lodged with prisoners; I have been with him to the Lithuanian Club.
Re-examined. When I was in a situation female prisoner frequently called to see me; she told my employer that she was my sister. She used to borrow money of me; altogether she had £5 from me in that way. When I returned to prisoners after Christmas I returned as their servant; I got no wages.
Further Cross-examined. In my situation with Harris I got at first five shillings, and afterwards six shillings a week wages. This money the female prisoner took from me. I did not say at the police station, "I was with Harris till five weeks ago, and received five shillings a week, which I kept myself"; that is on the depositions, but I did not say it. They paid me altogether 12s., three weeks at four shillings a week; there is one week owing.
JOHN HARRIS , hotel keeper. Buda came into my service eight or nine months ago, and remained for six months. While she was there the female prisoner called to see her many times, representing herself to be Buda's sister.
MARY USUTI . I live at Bethnal Green. When Buda came over here I took her to lodge with the prisoners, and I was present when a letter arrived from America for Buda, containing a bank draft; the money was given to the two prisoners.
VINCENT PAZARIS , Brick Lane. At the end of last year I lodged with the prisoners; Buda lodged there as well. I heard her ask the female prisoner for her money, and the reply was, "You have used the money during the winter." I also heard Buda ask for her wages.
Detective JAMES CHANDLER, G Division. I arrested the prisoners. The warrant was read to them by the interpreter, and their reply was made to him. On searching their room I found the two pawn-tickets (produced). I took Buda to the pawnbrokers, and she identified the two skirts as her property.
CASIMIR POLENAS . I was present at the police station when the prisoners were brought in, and I interpreted the warrant to them. Anthony replied, "No." Annie said. "I know nothing about it; I did not pawn her skirts; I have pawned skirts of my own and have the tickets." Later on Anthony said, "I know nothing about it all till the last minute. When she left me I asked her how much I owed her, ana I made my wife pay her all that was due to her. She was
paid two weeks wages and I owe her two weeks. When the called on me after she had left, and asked for money, I told my wife to pay her five shillings, which she did. I still owe her three shillings. I had no money, and I asked her to wait." Annie said, "She received the money off my husband, and paid it to me; my husband knows nothing about it."
ANNIE MATULAITIS (prisoner, on oath). Anthony (my husband) is a tailor; he works at home, and I assist him. Buda was brought to our place, and we took her in because she had no where to go to; we are both Lithuanians. She said to me, "Kindly keep me for sometimes because I have no money now, but I expect some from my uncle, and when I get it I will pay you." We arranged to charge her for board and lodging 12s. a week; she agreed to this, and said the would pay me the money when it came from her uncle. She stayed in my house three months, and the week before Christmas, and three weeks after Christmas she left. The week before Christmas she received from her uncle a bank draft for £10, and she went with my husband to change it, as she could not speak English; when she came back with the money, she said, "Now I have got my money, will you tell me how much I owe you, and I shall pay? I should like to dress on Christmas, so will you kindly assist me?" That evening she handed me the money, and asked me to go with her to get some dresses. Next morning I went with her, and she bought a jacket and skirt, or rather I bought them out of her oney. She used to go to the club every week. Neither of the skirts (produced) is hers. She was altogether with us as a lodger four months; that at 12s. a week comes to £10 4s. She only once mentioned the matter of her £10; when she asked me for it I said, "You have used it." She was only with us four weeks as a servant, and we paid her three weeks out of the four. The two skirts (produced) I bought myself; Buda was not with me when I bought either.
Cross-examined. Buda had no money when she first came to us. My husband knew that she had given me the £10. I did not repay her because I reckoned she owed me more than that. The two skirts belong to me; she never asked me for them; I bought them out of my own money.
ANTHONY MATULAITIS (prisoner, on oath) said he came from Russian Poland; he had been here 10 years. He worked as a tailor at home, principally employed by A. Alstrom, of Lombard Street; he had worked for him for six years. He confirmed generally the statements of his wife. With regard to the £10, he was told by his wife that Buda had given it to her on account of her board and lodging; he himself never had the money.
MATHEW VICINIS . I was employed by male prisoner at his house for some time before Christmas, 1905, and saw Buda there; she was a lodger, not a servant. I have frequently seen her at the Lithuanian Club; she would stay there at dances till one in the morning. (Counsel explained that there was no other suggestion against Buda than that she was able during this time to spend money, so that she could not have given all she had to the prisoners.)
Verdict. Anthony Matulaitis, Not guilty; Annie Matulaitis. Guilty. On Anthony undertaking to refund £7 to prosecutrix, by instalments of £1 a month, the female prisoner was released on her own recognisances and those of her husband that she would come up for judgment if called upon.
NEW COURT; January 14, 15, 16, and 17.
(Before the Recorder.)
BARNETT. Alfred (37, manager), JAY, Joseph (33, warehouseman), JAY, Edgar (36, merchant), JAY, Bertie (29, traveller), and WATTS, Margery; conspiring together with other persons to cheat and defraud liege subjects of His Majesty of their goods. Obtaining by false pretences from Arthur Guizenhauser and others a quantity of wrist bags and purses, from William Bateman Pollock and John Leitch Pollock and another a quantity of purses, bags, engravings and fancy leather goods, from Albert Delbancs and L. S. Mayer a quantity of fancy leather goods. Barnett, J. Jay, E. Jay, and B. Jay unlawfully obtaining credit from the said persons, and all unlawfully receiving and possessing the said goods, well knowing the same to have been stolen abroad.
Mr. George Elliott, Mr. Berthold Adler, and Mr. Forrest Fulton prosecuted; Mr. R. D. Muir and Mr. Leycester defended Alfred Barnett and Joseph Jay; Mr. Charles Mathews and Mr. Symmons defended Bertie Jay and Edgar Jay; Mr. Curtis Bennett and Mr. C. Harvard Pierson defended Watts.
The case for the prosecution was opened on January 14; on the 14th, 15th, and 16th evidence was called. On January 17. at the sitting of the Court, Mr. Muir said that he had advised Alfred Barnett and Joseph Jay that they could not hope to resist a verdict against them upon the counts in the indictment charging them with having, in incurring a debt and liability, obtained credit by fraud, and he had advised them to plead guilty to those counts.
Alfred Barnett and Joseph Jay accordingly pleaded guilty to those counts.
Mr. Elliott said that from the first in opening the case to the jury he had made it quite clear that in the view of the prosecution, although all the defendants were associated in the various transaelions
which formed the basis of the charge, yet the two prominent and dominant persona in the case were Alfred Barnett and Joseph Jay. The prosecution took the view that while the three other defendants by their conduct and association in these transactions undoubtedly placed themselves in a position of great peril, yet they might have been so far in the hands of the two principal defendants that they might have unconsciously been led into participation in the various acts without being able to appreciate the matter. The ends of justice being satisfied by the plea of Alfred Barnett and Joseph Jay, he should no longer continue the charge against the remaining defendants, but, with the permission of the Court, he should offer no further evidence against them.
The Recorder asked whether the course which Mr. Elliott proposed to take had the sanction of the Director of Public Prosecutions.
Mr. Elliott replied that he had had a personal consultation with the Director of Public Prosecutions, and the course had his entire concurrence and sanction.
The Recorder directed the jury to return a verdict of Guilty against Alfred Barnett and Joseph Jay on the counts charging them with having obtained credit by fraud, and to find the other defendants Not guilty.
The Recorder, in passing sentence, remarked that no doubt Alfred Barnett suffered from want of capital, but he was afraid that he also suffered from the want of another commercial asset—the capacity for understanding that the business should be conducted honestly. For the offence to which Alfred Barnett and Joseph Jay had pleaded guilty the maximum punishment was 12 months' imprisonment with hard labour. The prosecution, in accepting the plea to the minor counts of the indictment, had shown a consideration for Barnett and Joseph Jay for which they ought to be grateful. He usually hesitated to pass the maximum sentence, having it in mind that there might possibly be a worse case; but in this case he had no hesitation, as he could not conceive a worse case, in passing the maximum sentence of 12 months' imprisonment with hard labour; and to mark his sense of its seriousness he should direct that sentence to be entered up upon each of the five counts of the indictment to which they had pleaded guilty, the sentences to run concurrently. On counts 7, 9, 11, 15, and 19, Barnett and Joseph Jay, 12 months' hard labour.
OLD COURT; Thursday, January 17.
(Before the Recorder.)
Fenton pleaded guilty on both counts; Coles pleaded guilty to the conspiracy count.
Mr. Leycester prosecuted; Mr. Huntly Jenkins appeared for the prisoners.
The libels consisted of a series of anonymous letters and postcards. Fenton had since made an apology and had admitted in writing that there was no foundation for the statements. She had also undertaken to pay £25 towards the costs of bringing the prosecution. Mr. Leycester stated that Coles took a minor part in the matter; Fenton employed her to write the libels.
Mr. Huntly Jenkins said that Fenton wished to state in the most unqualified manner that there was not the slightest foundation for the statements in the libels. She withdrew them and apologised. She was willing that the apology should be published in any newspaper the prosecutors, Mr. and Mrs. Staines, might desire. She wished to express her extreme regret for what she had done.
The Recorder said the libels contained most odious imputations, none of which were true. He bound Fenton over in her own recognisances in £500 and Coles in her own recognisances of £50 to come up for judgment if called upon and to keep the peace.
BYRNE, James (40, company promoter) ; obtaining by false pretences two orders for payment of £10 and £10 respectively from Oscar Frederick Hannington, with intent to defraud; in incurring a certain debt to the amount of £3 16s. 6d. to Philip Smith did obtain credit from him under false pretences and by means of fraud other than false pretences.
Mr. R. D. Muir and Mr. Forrest Fulton prosecuted; Mr. Rooth defended.
HENRY JOHN WATTS , clerk to Smith's advertising agency, 100, Fleet Street. On August 9, 1906, prisoner called at my office, and stated that he wished to place advertisements, that he was in partnership with F. Puzey, of 20, Bucklersbury, and that he required credit. He banded me postcard (produced) headed, "Frederick Puzey, 20, Bucklersbury, Telephone 4038 Central," and gave me the name of the Standard Bank of South Africa, 11, Clements Lane, Lombard Street, E.C., as a reference, which I wrote in pencil on the card, together with "£25 a week," which was the amount of credit he would require. He said that was Puzey's bank. He distinctly said that Puzey was placing the advertisements, and if we made inquiries about Mr. Puzey we should find that he was good for any amount. Inquiries were made through our inquiry agents, and we inserted in various papers advertisements to the amount of £3 16s. 6d. We sent in the bill to Puzey, and we did not get paid. Prisoner said his name was Byrne.
Cross-examined. I had never seen prisoner before. Prisoner mentioned Pearce, our traveller; I think he asked for him. Prisoner did not take the card out when I asked for his advertisements. He made a definite statement that he was in partnership with Puzey. I cool
not say if Pearce had called on prisoner. I have no note of the interview. I never went to his office or to the garage. The police called on us about three weeks or a fortnight ago. We had made no complaint to the police.
OSCAR FREDERICK HANNINGTON , grocer's assistant, 47, Tonidge Road, Thornton Heath. On August 22, 1906, in reply to an advertisement in the "Daily Telegraph," I went to see prisoner at Puzey's office, 20, Bucklersbury. Prisoner was there by himself, except for the office boy. He said he had just been lucky enough to secure the sole agency for the Adler Cars; he had three or four cars coming into his garage at Church Street, Barking Road; that he really did not care for my money, but he wanted a younger fellow to study hit interests whom he could put down at the garage, and that Saturday week was the day fixed for the arrival of the motor-cars. He showed me all Mr. Puzey's books, and the names of some large business people he had done business with. He said he lived down at Woolwich, where he had got his car. I spoke to him about the money, and said I should not be able to get it just then—the advertisement asked for £250. He said if he could have a security from me so that he knew I should study his interest that would do. I told him I could let him have £10 or £20. On August 25 I received a telegram telling me to meet him at the garage, Church Street, Barking Road, and to bring £10 with me, which I did, taking with me my mother's cheque tor £10. I was to have £2 10s. a week for my services when we started and the orders came in, and a commission guaranteed at £2 10s. a week, making £5 a week. On August 27 I commenced my duties at the garage. No business was done whatever. One or two trial cars came down there, but there were no clients for them at all. I received letter (produced), dated August 29, from prisoner, and on the 30th I handed prisoner my mother's second cheque for £10. He then asked me to sign the letter produced, undertaking to pay £230, which I did. I left about October 7. During my employment I only received a cheque for £1 1s., out of which I paid the carpenter who was at work there. I received no wages and no commission. I saw prisoner at 381, Mansion House Chambers, and told him he had not kept his promise, and no business had been done, and I was so much out of pocket that I could not possibly think of staying. He said I could not leave him at I signed the agreement. I told him it was not a proper agreement as it was not stamped. He said he had got it stamped after and had signed it. I am 22 years old. At the time I parted with my money I quite believed prisoner to be a partner with Puzey.
Cross-examined. The advertisement was for a partner. He simply said that he wanted some money for security. He said he had got plenty of money. I saw the garage before I paid anything, and I thought business could be done there. Prisoner had got no money from the garage at all; be never bought a car. I have seen Mr. Crowder at the garage. I know Crowder and Co. wrote & letter
about a car. A Darracq car came down for a trial run. I believed prisoner asked on the telephone for one to come down.
Re-examined. Two or three trial cars came down altogether, on each occasion in answer to a telephone message that there was a client waiting to buy one. There was no client to my knowledge. No other cars came to the garage at all.
WILLIAM PUZEY . I carry on the business of my brother Frederick, who is a Cape merchant, at 20. Bucklersbury, and who is paralysed. I have seen prisoner in our office. He was allowed to use a desk by our buyer. Bloomfield, who is a major in the Volunteers. I was told that by Schiff, who is the accountant. I have seen prisoner there a dozen times. He was in no way connected with my brother's business, either as partner or servant. Some of the business books and the pass books are kept in the outer office where prisoner was.
Cross-examined. I think prisoner had his name put up. Bloomfield had a desk and could use our writing paper, and I dare say the prisoner did Prisoner afterwards took an office in 20, Bucklersbury, and I daresay he has it now. He occasionally sent up to telephone from our office, and I told Schiff he must do it no more. Bloomfield had left then. I never heard that prisoner and Bloomfield were going into partnership. Our letter paper has no name on it, but the postcards have.
FREDERICK LEWIS JACKSON , 71, Ordnance Road, Canning Town, chauffeur. I have been a chauffeur about 12 months, and was in employment at 30s. a week. In August last prisoner engaged me as chauffeur and repairer at £2 2s. a week to work at the Garage, 1 Church Street, Barking Road. Prisoner asked me to leave my master and work for him. I went there for about two weeks, and in the third week I could not get in at all—it was shut up. No business was done. No motor cars were there. Prisoner paid me nothing except 5s. for railway fare when I had to go about a motor.
Cross-examined. Prisoner came to the shop and asked to see my employer, who was out. He told me he wanted to store some motor cars, and I took him round to George Street. He asked me if I would like to better myself. I said yes, and he said if I would work for him he would pay me £2 2s. a week, which I agreed to.
JOSEPH BAMFORTH , manager to H. Peterken, printer, 33, Rathbone Street, Canning Town. About the end of August, 1906, prisoner came and paid a small account of 3s. 6d. and ordered printing to the amount of £4 1s. 6d. He said he was a partner in the firm of Puzey, of 20. Bucklersbury. We have not been paid. I applied for it, and he said he was waiting until another partner had paid some money.
JOHN WILLMORE DIXON , advertising agent, trading as J. Willmore and Co. 1, Chiswell Street, E.C. On August 15 prisoner called on me and said he wanted seme advertisements inserted in the daily papers. The nert day I called at his office. 20, Bucklersbury, which was Puzey's office. He told me he was a partner with Puzey and that he was doing the financial business. He gave me an order which
was signed "J. Byrne" I said I should require an order from the firm before I could insert the advertisement. He said, "It makes no difference, I and Puzey are one firm." He showed me the invoice book with invoices to I. and I. Colman and other firms to show the stability of the business, and referred me to Robarts, Lubbock, and Co., and the Standard Bank of South Africa as Puzey's bankers. I found the references were satisfactory. I inserted advertisements to the value of £12 0s. 10d., which is unpaid. I applied to Puzey's for but have never been paid. I have not applied to prisoner. I also supplied prisoner with office furniture to the value of £12 15s., on which I have been paid £2. I got the furniture back under an arrangement with the landlord by paying the broker's fees, £2 10s. The furniture was sent to a separate office in 20, Bucklersbury. It was supplied to prisoner on his private account.
(Friday, January 18.)
I received two circulars (produced) signed J. Byrne, 20, Bucklersbury, Mansion House Chambers. No. 29; that is Puzey's address. Prisoner's number after he moved was 381 and 382, on the second floor. Puzey's office was on the fifth floor. The circulars have Puzey's telephone number 4038. The circulars were sent me by post—not in connection with any business I had with prisoner.
Cross-examined. 20, Bucklersbury, is a nest of offices separately numbered. The name of Puzey does not appear on the circulars. I have communicated with prisoner on the telephone bv No. 4038. In the advertisements I received prisoner's name and address only were mentioned. Prisoner's name was on a brass plate outside the office of Puzey in which I taw him. No one was there except the office boy; there were several empty desks. Prisoner told me that Schiff and Bloomfield were away camping. Prisoner told me Puzey's was a shipping business, and that he had been brought into the partnership in order to carry on the financial business. He did not say Puzey's business was going to be wound up; he said that one of the partners was retiring, and that he was replacing him. He did not show me tenancy agreement for the garage, but a letter from the landlord of Mansion House Chambers with regard to the suite of chambers downstairs, and he said that was for the other branch of the business. Knowing them to be a good suite of offices I offered to supply the furniture. Prisoner said that was for him and not for the firm. I learned on October 5 by letter (produced) that prisoner was not a partner: "In reply to yours of yesterday, I could not acknowledge your previous communications for the simple reason that I had not received any. Mr. Byrne is not and never has been a partner here. He had the use of a seat in this office as a convenience during the time he was furnishing his office on the second floor. Mr. Schiff is not a partner.—Yours truly. Frederick Puzey, William Puzey." I had two similar letters. That letter was in reply to our letter to
Puzey demanding payment of the amount of our account £12 0s. 10d. Not gutting the money for the furniture on November 1, I entered into a hiring agreement with prisoner in respect of it. I gave information to the police, but I have not given evidence before to-day. I called to see the prisoner at Mrs. Thompson's, with whom prisoner was staying, and wrote to her after prisoner's arrest, stating I hoped circumstances would pan out favourably for her and her friend. At the first interview prisoner gave me a written order signed "J. Byrne." It was on the faith of that, together with the references to Puzey's banks, that I executed the orders.
ARTHUR J. E. DAVIS , clerk to London City and Midland Bank (Blackfriars Branch). I produce correct copy of prisoner's account opened on May 7, 1906, and having a balance on June 30 of £1 7s. 11d., and on October 13 of 4d. On August 3 the account was overdrawn 5s. From June 30 to November 7, twelve cheques, amounting to £64 12s., were dishonoured, including three of £1 1s. The total money paid in to the account was £56 7s.
Cross-examined. The account has never been closed, as there is still 4d. to credit. Prisoner was twice written to by the manager asking him to close the account.
MARTIN BROWN , cashier, London and Provincial Bank, Canning Town Branch. Prisoner opened account with my bank on August 27 with cheque of Hannington (produced) for £10, which he asked to have specially cleared. On August 30 a second cheque of hannington (produced) for £10 was paid in. The credit was exhausted by small cheques, and the account closed, at our request, on September 5. Four cheques amounting to £6 6s. were presented and dishonoured.
Cross-examined. We should have reopened the account if further money had been paid in. Our branch is 300 or 400 yards from the Garage. Prisoner stated in a letter that he was in partnership with Hannington, and that he had promised to pay in £200.
OSCAR F. HANNINGTON , recalled. I had not promised to pay in £200 by September 8. It would have been paid if prisoner's promise had been kept, and the cars had come in, and there had been business done at the garage.
Cross-examined. I did sign document of September 17 undertaking to pay £230 on or before October 14, 1906. I did not tell prisoner I was sorry I could not bring the cheque.
Cross-examined. Bloomfield was entitled to use our notepaper, and may have allowed prisoner to do so.
Detective Inspector FRANK HALLAM, City Police. On December 3, 1906. I arrested prisoner at Drayton Gardens, South Kensington, and took him to Cloak Lane Police Station. I produce chequebook and pass book of the London City and Midland Branch found on him.
Cross-examined. I held a warrant issued on information of Goodacre
and William Smith. The parties in the present cases were not parties to the information, but are the result of subsequent inquiries. Bamforth, Dixon, and Watts were not witnesses before the magis trate. 60, Drayton Gardens, where I arrested prisoner, is kept by Mrs. Thompson, and prisoner was living there with his daughter, aged 15 or 16. I think prisoner had been there about two months.
JAMES BYRNE (prisoner, on oath). In the early part of August I was doing company registration work—preparing memorandums and articles and registering companies—carrying on that business at Manlion House Chambers. I have known Bloomfield several years, and had permission from him to use his desk in Puzey's office. He gave me the key of his desk and the key of the outer door. I believe he has gone to South Africa. From April 26 to June 18 I was secretary to the United Kingdom Securities Corporation at £500 a year, who had their office at No. 181, Mansion House Chambers. I was not paid anything, and consequently I obtained leave from Bloomfield to use Puzey's office, which I did from June to the end of August, when I moved downstairs. There were two kinds of notepaper, that with Puzey's name on and that without. I never used a sheet of Posey's private paper. On August 9 I called at Smith's Agency and asked for Pearce, whom I had done business with three or four years before. Watts told me Pearce was in the City, and I asked if Pearce would call on me at Puzey's office, Mansion House Chambers, and would he ring me up what time he would come. Watts asked me for the telephone number, and I handed him postcard produced. I did not tell him I was a partner of Puzey's. I explained that I was in the office. I said I was thinking of entering into partnership with Bloomfield for the purpose of continuing the business of Puzey. I told him that Puzey's were a big and old-established shipping firm, but that the advertisements were for financial business. One of the advertisements was for a partner to find money. Hannington replied on August 24. That advertisement was put in by Dixon. I gave him the order on the 16th, and he put it in on August 17. Hannington wrote asking for particulars, and I sent him a note to call, which he did. I read to him a letter from the Anglo-Continental Company giving me the Adler Agency. Adlers are motor manufacturers in Germany, employing 8,000 hands. I told Hannington I had got the lease of premises for a garage, and that I had taken offices downstairs for the City office. I told him I had thought of going in with Bloomfield into this business of Puzey's, and I had decided to go into the motor business instead. I told him Puzey'e were about dissolving partnership at the end of September. The garage was not then fit for use—the carpenters were at work at that time. Hannington superintended them for six weeks. My agreement with him was that he was to put in £250 as my half-share partner. He told me
he was 27 years of age, and showed me a letter which stated his mother was selling house property tor £3,750. I had no money; I had the agency and the premises. I told him I wanted money—that was why I advertised for a partner. On August 15 he came and saw the garage and paid me £10 as deposit in the garage, which he saw was empty, and the other £10 a few days afterwards. On September 17 he signed the letter (produced) agreeing to pay £230 on or before October 14. I was waiting for this money to start the agency. We had several agencies fixed. We had several cars down and several clients wanted to buy one. Hannington himself went on a car and absolutely bought it. I did not want to incur liability until he paid the £230, and told him I should close the place up until he was ready. He remained three weeks and then signed the agreement. He did not give me any reason for leaving. I did not pay him anything—he did not erpect it. I gave him £l 16s. for the wood and for the carpenters. I never said I was a partner with Puzey. Jackson was a chauffeur. When I was taking the garage I called to see Ivy, who keeps a motor place, Jackson and his brother being employed there, and Jackson said he wanted a change, that he had been six years with his present employer. I found out afterwards that the business had only been established two years, and I wrote for his reference to Ivy, and received no reply. I therefore did not engage him. He was never a servant of mine; he borrowed five shillings of me. I saw Bamforth in September. I had ordered 100 cards from him and I paid him three shillings. When I took this garage I ordered note headings, and told him I was in partnership with Hannington. There was no reference to Puzey's. Dixon called on me about August 15 in answer to a letter asking for quotations, and saw me at Puzey's office. I gave him an order for advertisements, and I wanted a weekly account with him. I had to explain that I was in Puzey's office, and explained to him that Bloomfield was down in camp, and that we were thinking of going into this business of Puzey's, who were shipping people dealing in dry goods with City houses. I certainly showed him books of Puzey's, and I showed him my late wife's bank books. I said I was going to carry on financial business, partnership and company registration work, and told him I had been some years at it. I then gave him an order signed "Byrne." I told him I had taken offices downstairs, and he offered to supply furniture, which he did. I showed him the agreement with Hannington, and told him I was expecting £250, and as soon as I got that he was the first man I should pay. I have taken up everyone of the overdrawn cheques, with the exception of one of 20s., which my solicitor had the money to pay. long before the commencement of these proceedings.
(Saturday, January 19.)
Sergeant HAINES stated that prisoner was sentenced in this Court on January 18, 1904. to three years' penal servitude for fraud. A
previous conviction was then proved with 18 months' hard labour for conspiracy and fraud. Prisoner's full name is James Patrick George O'Byrne. He had been known to Scotland Yard since 1888 as the carrier on of a great number of fraudulent scholastic and business agencies, and during the four years up to 1904 he had obtained sums of money amounting to £5,750.
Inspector HALLAM stated that prisoner came out on ticket-of-leave in May, 1906, his sentence expiring in January, 1907. and that a large number of frauds had been committed by the prisoner since. Sentence, Five years' penal servitude.
NEW COURT; Thursday, January 17.
(Before the Common Serjeant.)
Mr. L. A. Lucas prosecuted.
GEORGE WILLIAM JARVIS , William Street, Hampstead Road, office boy to Mr. Herbert Taylor, 41, Berners Street, commission agent. I remember on November 28 going to fetch a parcel containing seven patterns of carpet for my master from 301, Oxford Street. On. my way back a man who was standing in a doorway stopped me and said, "Will you go and fetch me some telegraph forms for Mr. Robinion? I will give you 2d." He took the parcel off my shoulder and put it on the ground. I was about five minutes going to the post office and then returned to the spot where I had left the man, and, after some conversation with the housekeeper, I went to fetch a policeman and gave him a description of the man to whom I had entrusted the parcel. On December 15 I was taken to Marlborough Street, where I pointed out prisoner. The value of the carpet was £4.
Prisoner pointed out that this witness only said he looked like the men, and the description given at the time was of a man wearing grey trousers and a double-breasted black jacket.
To the Jury. I described prisoner as having a black moustache. When I saw him at the police station he had on different clothes.
Detective JORDAN ROCHE. I arrested prisoner on December 9, and subsequently went with the last witness to Marlborough Street Police Court. He walked up to prisoner and said, "That is the man." Jackson was then charged, and, in reply, said, "What do I want carpet fort?" The boy clearly recognised him without the least hesitation.
To a Juror. There were other men with dark moustaches, very similar in aprearance to prisoner.
Witness. I found other clothes at prisoner's lodgings, a double breasted jacket of darkish colour. One piece of carpet was found, but not in the possession of the prisoner.
The Jury thought there was not sufficient evidence to convict and stopped the case.
Prisoner was then tried on another indictment, for stealing a parcel, the goods of Frank Hadley Atkinson, and feloniously receiving same.
ERNEST GEORGE GODELL , 55, Raman Road, East Ham, errand boy to Mr. Atkinson, of King Edward Street. On August 31 I was carrying a parcel in Newgate Street, containing 12 mohair mats and one olive mohair rug. Prisoner came out of the doorway of 49. I am sure he is the man. He asked me to go and get some telegraph forms for a Mr. Robinson. He invited me to leave the parcel and said he would take charge of it, and gave me 3d. to go. I went to the General Post Office, and was absent about five minutes. When I got back prisoner and parcel had gone. On December 15 I idenified the prisoner at Marlborough Street as 'the man who had taken the parcel. The value of the mats and rug was £1 5s. The description I gave to the police on the day I lost the parcel was of a man dressed in a black jacket, turn-down collar, with dark eyes and hair, slender built, and thin in the face and no hat, 5 ft. 9 in. in height (Prisoner is 5 ft. 9 in.)
Detective JORDAN ROCHE. I arrested prisoner on December 9. I was present at the identification at Marlborough Street Police Court on December 15. Dobell walked round a 'number of men, then touched Jackson, and said, "I think that is the man."
Prisoner. He was asked afterwards whether he was sure, and sold, "No. I think that is the man."
The Common Serjeant said this case was weaker than the other.
Mr. Lucas pointed out that prisoner had been identified by the lade Jarvis in the previous case.
The Common Serjeant. How can the jury take regard of that You cannot bolster up one case by another case. Have you some more cases? Mr. Lucas. Yes.
Prisoner was further indicted for stealing three pairs of trousers and other articles, the goods of Emile Mori, and feloniously receiving same; and stealing two parcels, the goods of Hope Brothers, Limited, and feloniously receiving same.
The Common Serjeant. You do not want to go on with cases like this. I hope. If there is nothing more against the prisoner I shall let him go.
Mr. Lucas. With your lordship's permission, I will go upon another indictment.
The Common Serjeant. Have you got some better evidence? I will not let the jury bo prejudiced by a number of cases.
Mr. Lucas. I cannot promise that I have a stronger case.
The Common Serjeant. Then there is an end of it.
The jury accordingly returned a verdict of Not Guilty on all the indictments.
THIRD COURT; Thursday, January 17.
(Before Judge Rentoul.)
Mr. Sydney Williams prosecuted; Mr. W. M. Thompson defended.
PETER GOTZ , slipper maker. On the night of Saturday, December 9, I was in a public-house near Star Place, Whitechapel, with three other men. At closing time we left, and I went home alone. I was set upon by prisoner and his brother; one of them struck me on the head with, I believe, a piece of pipe, tend I lost much blood.
Cross-examined. With the loss of blood I felt unconscious; in fact, I do not know what I did that night. I went to the police station, snd while I was there prisoner was in custody, and his brother came to bail him out. It is not right that I then charged the brother with the assault; I simply told the officer that when I was assaulted by prisoner I heard the brother say, "Let's have our knife; we shall kill him." The magistrate, after hearing the evidence, discharged the brother. It is not true that the men who were with me attacked prisoner. I did not see any women about. I do not know why prisoner should have assaulted me.
MARY ANN UNDERWOOD . On this night I heard the row going on, and I saw a tall man like prisoner; he pulled a pipe from the wall and hit him across the head. I ran away screaming "Murder." The man in the dock was the man that struck the blow.
Cross-examined. There were about half a dozen men in the row; two were fighting. I saw only one blow struck. The men were in the middle of the roadway; I am sure I saw the man pull the pipe from the wall.
Cross-examined. I did not see prisoner or his brother: I saw. nothing of the assault.
Police-Constable CHARLES STONE. 36 H. R. On this night I saw a crowd in White's Gardens, and went up to it; I saw prosecutor, without a hat, and bleeding profusely from several wounds on the head. From what he told me I went to 1. White's Gardens, where I saw prisoner in his room. Prosecutor, pointing to him, said, "That man struck me on the top of the head with a piece of pipe." I told prisoner I should charge him. He said: "Me cannot speak English." At the station he said, through an interpreter, "I do not understand why I am charged."
Cross-examined. The brother came to the station voluntarily. Prosecutor said, "He also hit me," and I then took him into custody. The magistrate, after hearing the evidence, discharged him.
CHARLES GRAHAM GRANT , Divisional Surgeon. I examined prosecutor at the station at 11.45 on this evening. He had six wounds, about 1 1/4 to 1 1/2 inches long. I think they must all have been inflicted by the same instrument; they were no great depth. He had lost a great deal of blood. He was sent to the hospital on our ambulance, and was detained for a week, part of the time he was on the "dangerous" list. He is now all right. All the parties were sober. The piece of pipe (produced) might have caused the wounds. I saw it at the station on this night; it had a stain on it, I think, of human blood; it had evidently been recently broken.
Cross-examined. I cannot say from the nature of the wounds whether they might have been caused by a blow with this slipper-pole (produced) certain of the wounds might have been so inflicted.
ANTHONY BEINAVITISH (prisoner on oath). On December 9 I and my brother went for a walk and afterwards into a beershop on Watney's Market. About eight or ten men, friends of Gotz. entered the company. At closing time we left. Outside we saw Gotz's friends, apparently waiting for us. My brother was attacked and knocked down by a man named John, then Gotz's friend Elcofsky kicked him. I caught hold of Elcofsky and dragged him away from my brother, the latter got up and ran away. I was then attacked by Elcofsky and three other men. Someone came out of the public-house and separated us, and I went home. Eight or ten men followed me. My brother and I were then attacked by Elcofsky, John, Schwartz, and Gotz. They attacked me in the passage of my own house. My brother's wife and my wife came downstairs to our assistance.
Cross-examined. I did not strike prosecutor; he struck me and I fell down. I do not know why he and his friends should have interfered with me; perhaps I was taken for somebody else.
ANDREW BEINAVITISH . prisoner's brother, confirmed prisoner's story. Witness was charged with assaulting Gotz, and acquitted. John was formerly in my employment, and was discharged through slaekness of trade.
MARY BEINAVITISH . prisoner's wife, said that prisoner and his wife came running home, followed by a dozen men, who entered the passage. She saw Gotz strike Andrew Beinavitish. She caught hold of a long stick, a slipper pole (produced) and hit Gotz on the head with it; then the landlady caught hold of the stick and also hit him with it. I did not see prisoner strike Gotz at all.
Verdict, Guilty. The police stated that nothing hod ever been charged against prisoner, but he bore the name of a vicious man and had been in several rows. He was a hard-working man. Sentence, Two months' hard labour.
NEW COURT; Friday, January 18.
(Before Judge Rentoul.)
Mr. Purcell prosecuted; Mr. Hurrell defended.
NATHAN SAMUEL COHEN , tailor, 71, Great Prescott Street, E. I made prisoner's acquaintance in March, 1904; he said he was a cap cutter, that he did a lot of travelling, and could get good orders, but wanted financing; he suggested that I should finance him and share the profits. I advanced him £40; five days afterwards he repaid me, with £2, half of £4 profit. I went on making him advances from urns to time, from £40 to £300. On June 6 or 7 he told me he had so order from a Mr. Grover to the amount of £500; upon that I gave him £300 in cash; he said the goods were to be delivered within seven days and that Grover had to have a month's credit. Altogether, down to August, 1905, I advanced him about £830, of which I received back about £200. In August, 1905, he asked me it I would let him nave two cheques; I was going abroad, and he said he would want £10 or £15 for trimmings. I gave him two cheques, signed in blank, as be requested, and told him not to exceed £20 on both of them. The cheque (produced) filled in for £914 is one of those cheques; the amount is not in my writing; I believe it is in prisoner's. I returned from my holidays on the Wednesday after August Bank Holiday, as Grover's money was to be paid on the Thursday. Prisoner wired me that Grover had gone for his holidays. On my seeing prisoner he said he had destroyed the two cheques as he had had no use for them. After prisoner left the country I went to the bank and found that this cheque had been presented; it was not honoured; my balance there was about £150. It did not occur to me to write en the cheque. "Under £20." I trusted prisoner; he held an office in the Synagogue. The second cheque has never been returned to me.
Cross-examined. When prisoner left England I instituted proceedings and tried to get him extradited from Holland; he was a Dutch subject and they would not grant extradition. After that be wrote me a letter of explanation and subsequently he returned to England voluntarily; I then had him arrested. I do not lend money; I had never before this advanced money on terms of taking half profits. Prisoner was introduced to me by his brother-in-law, symmons. who was then working for me. I kept rough notes of our transactions, and just before prisoner went awav we reckoned up accounts and agreed that he had had from me £830 and had repaid £200; as our figures agreed, I destroyed my rough notes. I have acknowledgment or account of any kind in prisoner's writing, True, it would have been simple to mark the cheques, "Under £20,"
but I trusted prisoner. I pledge my oath that I told him that neither cheque was to exceed £20.
HARRY GOODSTEIN . I work at Datzkofski's. In June, 1905, prisoner was introduced to me and Datzkofski by a Mr. Superstein with a view to financing him in the hat and cap trade; Datzkofski advanced him £500, which was repaid a few weeks afterwards with £57 profit. In July prisoner had a further £600. On August 5 he came with this cheque for £914; I did not hear what he said.
HARRIS DATZKOFSKI (senior), wine and spirit merchant, 28, White chapel Road. I first had dealings with prisoner about two years ago; I first lent him £500, partly in cash and partly by cheque. Altogether. I lent him over £1,100; that has not been repaid, but I have £57, the profit on one transaction. On August 5 he brought to me this cheque for £914, with a letter from Cohen. I believed the cheque to be worth £914, and went to a Mr. Rockman and borrowed £300 on account of ihe cheque and gave the money to prisoner. I have since repaid Rockman.
HARRIS DATZKOFSKI (junior), son of last witness. I was present when Polak brought the cheque for £914. He said that it could not be paid in until next day, as the goods for which it was paid had to be examined. He brought a letter purporting to come from Cohes asking that the cheque should not be paid in before three o'clock. My father paid prisoner some cash. I do not know how much.
HARRIS DATZKOFSKI (senior), recalled. Cross-examined. This it the first transaction in the way of money lending that I have had. The first advance to prisoner was of £500 on June 22, and on the 29th he repaid it with £57, my part of the profit. I kept no account of the moneys I advanced him. I estimate that on August 5 he owed me, for profits and moneys received, £879 10s. I paid prisoner £34 10s. to make up the level amount of £914. Afterwards I gave him the £300 I got from Rockman.
Sergeant SAMUEL LEE. H Division. On December 8 I saw prisoner at his house. I told him I should arrest him for forging and altering a cheque for £914. He said "All right" At the station he made no reply to the charge.
NATHANIEL S. COHEN recalled. The letter prisoner wrote me from Holland contains the sentence, "I wrote a small letter to Datzkofski: I show it to him like I receive it from you." to Datzkofski purporting to come from me, but or knowledge. I had never before this given prisoner blank cheques.
BENJAMIN POLAK (prisoner, on oath). When prosecutor handed me the two cheques he said I could do whatever I would with them. as I had done with several other blank cheques that ho had left with me He never told me that I must not fill in these two cheques beyond a
certain amount. As to the letter that I showed to Datzkofski, Cohen told me on this occasion he had not got the money I asked for. I said. "What am I to do?" I have got to pay my people £914. I cannot say to Datzkofski that I cannot get the money. I don't want him to know that you are a money-lender." He said, Well, do as you like. Write him a letter to wait till the next day and I will see what I can do."
Cross-examined. The second cheque I filled up for £500. I gave that to Harris Datzkofski's son, Morris; it was presented at Cohen's bank. There was not enough money, and it was returned, and I tore it up. It is not true that I told Cohen I only wanted £10 or £15 for trimmings. I deny all that Cohen said, except that I did have money from him, but I paid it back. I never had any dealings with Harris Datzkofski at all, only with his son, Morris, who is not in London, I suppose. Harris Datzkofski, senior, stood up in Court. I know that man, but I never did business with him, never received any money from him, never gave him a cheque for £914. He and his son are telling a lot of lies.
Another indictment, for obtaining by false pretences the several rams of £300, £100, £50, and £100 from Nathan Samuel Cohen, £300 from Maurice Superstein, £60 and £40 from Jane Moleman, and £100 from Davis Norodgroosky, in each case with intent to defraud, was not proceeded with, but remains on the file of the Court. It was stated that prisoner was convicted in Amsterdam ten years ago of fraud. He was a most persuasive and plausible man and had been concerned in other cases similar to this. On the possibility of some of the money being restituted, judgment was respited till next Session.
MARTHIN, John (19, painter) , charged with breaking and entering the shop of the New Motor and General Rubber Company, Limited, and stealing therein 12 motor-car tyres, their goods, and feloniously receiving same, pleaded guilty to the indictment for receiving five tyres H confessed to a conviction of felony (shop breaking, larceny, and receiving) on February 9, 1904, at North London Session, when he was sentenced to three years' penal servitude and two years' police supervision. He was liberated on August 27 last His sentence would expire on February 8 next, and the supervision period on February 8, 1909. On December 16, 1902, he was sentenced at North, London Sessions to 12 months' imprisonment for burglary; on March 24, 1902, he was sentenced at Marlborough Street Police Court to three months' imprisonment for stealing money.
Mr. Muir, Mr. Symmons, and Mr. Kershaw prosecuted. Mr. Purcell defended.
Counsel stated that if a chance were given to prisoner it would be arranged by his friends to send him abroad, where he would get out of the vicious surroundings of his boyhood Judge Rentoul, taking a lenient view of the case on account of prisoner's youth, and
the likelihood of his reclamation in the way suggested, sentenced him to nine months' hard labour, warning him that if he ever appeared in the dock again he would get not less than seven years' penal servitude.
ROBARTS, Frederick (38, salesman) ; having, on February 2, 1906, in incurring a debt and liability to William Mee Maitland to the amount of £200, obtained credit under false pretences; having obtained the execution by William Mee Maitland of a valuable security by false pretences, with intent to defraud. Other counts charged obtaining goods and credit by false pretences, etc.
Mr. R. D. Muir, Mr. Symmons, and Mr. Kershaw prosecuted.
WILLIAM MEE MAITLANE , commercial traveller. In November, 1905, having answered an advertisement in the "Daily Telegraph," I received a reply from a Mr. Ham, poultry dealer, 11, Wardrobe Chambers, me. I went to that address, and there saw prisoner. He represented himself as Frederick John Ham. wholesale poultry dealer, trading in the Smithfield, Leadenhall, and other markets. He said his profits amounted to about £12 a week. He showed me the sales ledger produced; that showed about £430 due from customers. I believed the book to be genuine. On January 21, 1906, I saw prisoner again and arranged to enter his service at £3 a week and half profits. The wages were in March increased to £4. The books were to be balanced every three months, and the net profits should be divided equally between me and prisoner. I believed the business to be perfectly genuine, and I entered into partnership with prisoner. An agreement was prepared, but not signed. On February 21 I made a deposit of £200 at the Capital and Counties Bank, Ludgate Hill branch, in the name of Maitland and Ham. Only I was to draw on the account. The business was started on February 1 in one room at 11, Wardrobe Chambers. I never saw any poultry there, but I was under the impression that prisoner was buying poultry and selling it I kept the books. Prisoner brought me invoices repreelsewhere. senting purchases of poultry from various people in Essex, and I drew cheques for them and prisoner brought me receipts. The cheque produced for £20 payable to "self or bearer" I gave to prisoner to discharge what purported to be an invoice from "Wheeler. Delevanti and Co., proprietors, model poultry farm, Essex," for £18 2s. Id. I was never able to find Delevanti's; letters sent to them at various addresses always came back. Here is another cheque in payment of an invoice for £17 7s. lid. from J. Hill. 8. Cullum Street, Leadenhall Market; at that address the name-plate was on the door, but Hill had not been seen for months, and I could never find him. Here is another invoice from Hill for £27 17s. Id., paid February 15. When I parted with my cheques for these invoices and prisoner produced the receipted vouchers I thought the people existed. Prisoner took the cheques from me and handed me the receipts. Here is a cheque for £12 2s. in payment of an invoice from W. Johnson: I never had Johnson's address. Here is another to J. Wilson, of Ingatestone. Essex, £20 6s. I could never find him.
Witness was taken similarly through other cheques and invoices. On March 31 I closed up the books, they then showed a profit made of £62 14s. Id. On April 21 there was in the bank not much left of my £200. On that day I went to lunch, leaving the desk in my office locked; in the desk was a bearer cheque for £10, intended to psy salaries on the following day, also £6 5s. in gold and silver, and the sales ledger. On returning from lunch I found that the desk had been opened and the cheque, the money, and the book had gone. I next saw prisoner on May 3; when I spoke to him about the robbery he admitted it, and said, "I was hard up at the time; I will pay you back later." When I first met prisoner he gave me his address as The Bungalow, South Benfleet. Essex. I have been there; the place is shut up. The police at Benfleet gave me another address, Great Garlands, Stanford-le-hope, Essex. I called there, but I could not see prisoner.
To Prisoner. I did not represent to you that I could get customers for the business. I had two keys of the desk; you never had one. You were drunk when you admitted taking the money.
JOSEPH BROWN , secretary to the "Old Bell Hotel" and Wardrobe Chambers, Limited, the owners of Wardrobe Chambers. In October. 1905, prisoner took a room at No. 11, at £26 a year; he paid the rent up to Christmas. The £5 note (produced), numbered 77657, bears the stamp of my company; it may have been changed at the hotel. We retook possession in June, 1906; two quarters' rent was then owing, and is still unpaid. He took the premises in the name of Frederick John Ham, giving as reference Mr. J. Hill, of Dover Street, Piccadilly, and Mr. Roberts, of Albion Street. Caledonian Road. I wrote to those addresses and got satisfactory replies.
JOHN RICH , clerk, 253, Queen's Buildings, Borough. In May. 1905, having replied to an advertisement in the "Daily Telegraph," I got into communication with a Mr. Hill, of Farringdon Street, and eventually went into partnership with him at 8, Cullum Street; I paid him £75; prisoner is not Hill. Hill disappeared (as did all my money) at the end of 1905, and the business ceased. In February, 1906. there was no business of Hill's in Cullum Street. I know prisoner by the name of F. J. Roberts, as an associate of Hill's. In December. 1905, I met prisoner in Leadenhall Market; I told him I was looking for Hill; he said he wanted him as well; I said I had lost all my money; he said, "That's all fight, you'll get it back; be owes me a lot." Then he asked me if I had any more money. I told him I had £100. He invited me to go into a poultry business with Mm at 151, Fleet Street. I was to get £2 a week and half the profits. I put £70 into that business altogether. On December 27. 1905. I said him £10; on January 3 I drew ten £5 notes from my bank, the London City and Midland, and gave them to prisoner; later on he had further £10. I kept the books at 151, Fleet street. The day book produced has entries in my writing, made at prisoner's directions. The first one is January 2, the last April 9. I received my salary
for 13 weeks—down to March 31. The receipt produced, dated April 16, is for £12 2s. to F. Ham, for poultry, of which a list is given. I wrote that by Roberts's (prisoner's) directions. The words Paid, W. Johnson, £12 2s.," are not in my writing. I also wrote the receipt produced for 100 ducklings on April 4. 1906, all except the signature, "J. Wilson." In an office on the same floor as ours there was somebody named Wood. At the end of January he left. His office was left open. There was some of his paper there headed. "Wood and Co. 151, Fleet Street," and this we used sometimes. My parting with prisoner was in this way: We got into trouble with some betting men, and they threatened us with violence. They came to the office and cleared everything off. In a drawer in the office I saw this blank form (produced), Wheeler, Delevanti, and Co."; also one headed "Leaden-hall Market, 8. Cullum Street."
To Prisoner. It is a lie to say that when I met you in the market you told me you were going to open a betting business in Fleet Street, and that I said if you would take me on I would put in £50. You said you had taken the office on a three years' agreement for a poultry business. You paid me £26 for 13 weeks' wages, but not for working at a betting business. You have paid me 30s. out of my £70.
HUGH FREDERICK JACOBS . clerk at the London City and Midland Bank, Blackfriars branch, produced a certified copy of the deposit account of Riach at that branch. On January 2 Riach drew out £50, taking 10 £5 notes, numbered 77523. 77524, 77651 to 77658.
PERCIVAL JOSEPH HUDSON ., clerk at the Bank of England, produced the five notes. That numbered 77657 bore the stamp of the Bell Hotel, Wardrobe Chambers. That numbered 77653 bore the endorsement, "F. J. Ham." No. 77658 was endorsed "F. Robarts," the other three had no endorsement.
FRANK HILLS . cashier at the London City and Midland Bank. Aid-gate branch, said he knew prisoner as F. J. Ham, of the Bungalow, South Benfleet. He opened an account at witness's branch on March 7, 1905. On January 6, 1906, he brought in five £5 notes, numbered 77523—4 and 77651—3; four of these he paid in and one he cashed. There was now a balance to credit of the account of about 5s.
WILLIAM HARDING BLUNDELL . On June 26 last I saw an advertisement in the "Daily Telegraph": "Partner, sleeping or active, with £350. wanted, to draw £4 a week; will bear strictest investigation.—Apply, Box," etc. I wrote, and received a letter from "W. Erskine, 58. Pall Mall." I went to that address and there saw." W. Erskine": that was the prisoner. He said that he was a dealer in poultry and wanted further capital; that the turnover had been £15,000. but it had gone down to £5,000, because a partner or clerk had left him. He showed me some books—one a day book, purporting to show the business that had been carried on at 58. Pall Mall, from January, 1905, He said he had about, £600 of book debts. I saw no stock there; but he said he had about £40 worth of poultry in cold storage at Smithfield market. There was a man there whom prosecutor called
Eglin; I have since learned that his name is Walker; prisoner said he psid Eglin £3 a week. Prisoner went in detail into his profits, making out that in 1905 he had made between £700 to £800, and in 1904 about the same. On what he said I believed the whole thing to be quite genuine. I told him I must have the books audited, and subject to the report of the accountants I should be disposed to put in some money. Messrs. Rooke and Co., chartered accountants, went through the books for me, and their report was satisfactory; of course, the report was based on the assumption that the entries in she books were genuine. In July I decided to put in £260. I first paid an instalment of £30, for which I got this receipt: "Received cheque value £30 on account of partnership agreement between W. Erskine and V. H. Blundell. At this time I knew nothing of the names of Ham or Robarts, or about any businesses at Fleet Street or Wardrobe Chambers. Afterwards a deed, of partnership was signed. I gave prisoner on August 8 a cheque for £20, and on August 17 one for £150. The latter was used to open an account it the London Joint Stock Bank, in the name of Erskine and Co.; it was arranged that either of us might draw on the account; prisoner kept the cheque book and pass book. On October 4 I paid a further £60 completing my investment. On starting at the work I opened a new set of books; prisoner brought me slips showing sales, and from these and also from receipts he gave me I made up the books. The slips contained names but no addressee. Among the receipts was one from "Wood and Co., 151, Fleet Street," for £19 5s. 4d. There is an entry in the journal, in the name of J. Hill, 8, Cullum Street, of £1,235 0s. 1d., the total of various items supposed to represent purchases from Hill right down to June, 1906. There is a similar entry in the name of J. Williams, Grays, Essex, £256; another in the name of Wood and Co., 151, Fleet Street, £385 9s. 6d. Our firm was removed to 12, Regent Street, and shortly afterwards prisoner was arrested; Eglin (Walker) did not go with us to Regent Street; he was with prisoner when prisoner was arrested. At that time there was left in the bank of my £260 only £7; I had drawn nothing but my weekly salary of £4.
To Prisoner. Eglin as well as you gave me the slips and receipts.
(Saturday, January 19.)
ARTHUR FREDERICK HARRET ., solicitor, 27, Ely Place, deposed that, a client of his named Miss Teavey, having been applied to by a firm of Erskine and Co., he received instructions to communicate with the references they had given. He wrote on May 8 last to F. J. Ham, 11, Wardrobe Chambers, E.C., and to F. Johnson, Great Garlands, stanford-le-Hope, Essex, and received the replies (produced). An agreement was drawn up for the taking by Erskine and Co. for three years of two rooms on the ground floor at 58, Pall Mall, at £50 a
year. Prisoner called at witness's office and signed the agreement and paid the costs, giving the name of Erskine.
SEARLE, chief cashier, London Joint Stock Bank, Pall Mall branch, produced a certified copy of the account of Erskine and Co. It was opened on August 17 with Blundell's cheque of £150. On August 24 there was a payment out in favour of Hill of £30; it was made by six £5 notes, Nos. 31144-9; another payment to Hill on August 31 of £39, paid £9 in gold and six £5 notes, Nos. 33936-9 and 18849-50.
PERCIVAL JOSEPH HUDSON , recalled, produced the notes last spoken to. Nos. 31144 and 31148 were cashed over the counter at the Bank of England; one was endorsed "W. Erskine, 58, Pall Mall, S.W.' No. 31149 had on it "W. Ersk—, 58, Pall Mall." The other notes bore no writing.
GEORGE HENRY BUCK . clerk to W. J. Bickerstaffe, bankers, Ilford I know prisoner as W. Jenkins, of 33, Little Britain. I produce certified copy of his account at our bank. It was opened on August 31 last with a payment in of £30, in £5 notes, numbered 33936-9 and 18849-50. The account now shows a credit balance of 5s. 7d.; it has not been operated upon since December.
WILLIAM SHAW , clerk to Messrs Porter, house agents. Grays, Essex. We collect the rents for the owner of Great Garlands, Stan-ford-le-Hope. We received a letter of November 6 last signed F. Robarts, enclosing on account of rent of Great Garlands to Michaelmas the cheque 'produced; it is on the London Joint Stock Bank, Pall Mall, drawn by Erskine-and Co., payable to F. Robarts. for £10.
LEONARD BALSTONE . I am in business at 8, Cullum Street, in the name of Sidy and Co., dealers in 'paints, etc., occupying a room on the second floor. I know a man named Joseph Hill. From March 30, 1905, he shared my office, paying 26s. a month; the last payment I got was on May 10, 1905; I last saw or heard of him two months after that. I have seen prisoner in Hill's company; I did not know prisoner's name. I saw no sign of any poultry business carried on by Hill. At the time of the receipts and accounts produced to me in the name of Hill, of 8, Cullum Street, there was at that address no Hill at all.
Sergeant JOHN EVOY. E Division. On November 16 I arrested Robarts outside the offices of Erskine and Co., at 12, Regent Street; he was in company with Walker, who was carrying the day book produced here by Blundell. I arrested Walker also on another charge. On Robarts I found one of the slip produced in the name of "R. Warren," giving the price of some fowls. The address Robarts gave was Great Garlands, Stanford-le-Hope; Walker gave 50. Saltbrook Grove, Walworth. At the latter place I found several books and memorandum forms, some in the name of Wood and Co., 151. Fleet Street; also the sales book identified to-day by Maitland, and some of the books identified by Blundell. At 12, Regent Street (the key of which was on Robarts when arrested) I found the receipt.
etc. 'produced. At 58, Pall Mall I fund a book referring to a company called the Issuing Syndicate, Limited; in that book there is an entry of a payment of £11 10s., made by a cheque drawn by Erskine and Co. I have gone through the slips produced, and wherever an address has been given I have done my best to find the person referred to in the slip; in no single case could I find him; I also made such inquiries where names only were given; I could find in the different markers nobody who had bad dealings with the prisoner. I have been unable to find Delevanto.
To Prisoner. I have been to Laneside, near Grays; there is there what you call a nice poultry farm; I should call it a house and a few fields with it. I know Delevanti did exist; I can (tell von all about him if you like; you may be right that he had this farm" and sold it in March to a man named Knight, the man now living there. The business of Delevany, was really you and Wheeler, who fleeced a man out of £500; the police would be glad to find him.
Prisoner (not on oath) said he fell in with Walker about 18 months ago, and that accounted for the position he was now in. He had been the tool of Walker. Walker put him up at Pall Mall in the name of Erskine, and he knew nothing about it. Walker also took the other place in the name of Jenkins Brothers. Walker had a Vetting place in Glasshouse Street, and when prisoner was engaged in such business with him he suggested that prisoner should take the name of Robarts. Otherwise he had never used any other but his right name, which was F. J. Ham. He never told Blundell about the business or showed him the books; that was all done by Walker-As to Rich, prisoner declared that the only business in which he was concerned was a betting business.
The prosecution determined not to proceed with the second indictment charging prisoner with stealing and receiving the motor-car tyres, the subject matter of the charge against John Martin, just reported; nor with a charge of forging two of the invoices.
Sergeant MCEVOY, recalled, sketched the career of the prisoner as known to the police. At Benfleet he got into contact with Wheeler, who had been convicted many times. There was no previous conviction against prisoner. but he had undoubtedly been connected with several lone firm frauds and was the associate of convicted thieves. The man Walker referred to by prisoner is now dead; he had been a respectable man up to the time he had come into contact with prisoner.
Sentence, Three years' penal servitude.
OLD COURT Saturday, January 19.
(Before the Recorder.)
DENT. Alfred (39. milkman), and FOWLER, Edward (37, dairy-man) : conspiring and agreeing together to defraud divers liege subjects of His Majesty of their moneys, and obtaining by false pretences from William David Davies the sum of £280. and from Arthur Blay £175, in each case with intent to defraud; Dent obtaining by false pretences from Alice Thwaite the sum of £140, with intent to defraud.
Mr. Kershaw. Mr. Eustace Fulton, and Mr. Oddie prosecuted; Mr. W. B. Campbell defended.
Mr. Kershaw opened the case.
(Monday, January 21.)
ARTHUR BLAY . 140. Maple Road Penge. I saw on May 11, 1906. advertisement (produced) in the "Daily Chronicle" relating to a dairy business being for sale, and in reply to a letter I received letter (produced) headed "Old Kerry Farm Dairy, 140, Maple Road, Anerlej," stating that the rent was about 19s. weekly and guaranteeing profits over £5 weekly. A few days after I called at the premises and saw Dent. He showed me a lot of cheques and bills relating to the business, but took them away immediately. He told me the business was worth £250. and he could guarantee his profits were over £5 a week. He said he wanted to dispose of the business, because he. Had a little land left him in America and he wanted to get over there in time to reap the crops. I promised to call on the Saturday. I did so. and paid him £5 deposit and agreed to purchase. He gave me a at printed memorandum paper, and asked me to put down the amount I agreed to pay, £175 and £5 deposit, which I did. On Monday. May 21, I went there by appointment to go on the round and see into the business generally. It was arranged that I was to take possession on paying the money over. When I arrived he made various excuses. He told me he wanted to go out for a few minutes—it was lunch time. When he got back he said he had been to see his friends and could not possibly show me on the round until be got a heavier deposit and told me to go home and get some more money. I went home, and came back with another £15, which I gave him. He did not give me a receipt. I slept at his place that night On the following morning, when he was to show me the round, he still made various excuses. He said his wife was going out, and we could not leave the shop both together, and he would show me the round in the afternoon. On that day I paid him another £130 is cheques and gold and slept there on the Tuesday night. On the next day my sister came and paid £25. making up £175. He then asked to sign a receipt for the business. I do not remember signing it. but the document (produced) "The Old Kerry Farm Dairy. Received the above business agreement from Alfred Dent for the sum of £175." dated May 23 1906. may have been signed by me. As good as I had said instalment Dent said he was only going out of a few minute luncheon time) and he would be back and take me on the round and introduce me to the wholesale people
and also to the landlord to get an assignment of the lease. He left the lease (produced) with me. That was part of the bargain and also that he should remain a week to introduce me to his customers. Dent left in that way, and I have never seen him until he was at the police-court. Ledger U (produced) was shown to me with the list of customers. He stated there were 140, all genuine regular customers. I found there were about 40.
Mr. Campbell objected to evidence and anything that happened subsequently to the agreement, or to conversations between prosecutor and Dent's customers as res inter alios.
The Recorder said he thought the evidence clearly admissible, but would take a note of the objection. Tue effect of the evidence was a matter of argument.
On Thursday I went on the round with Turner, the roundsman, who had been In the employ of Dent. We called at about 40 houses. I have carried on the business since. For the first two months the profits were 25s. to 30s. a week gross, not deducting the extras, rent, etc. The business was new to me. I knew nothing of the milk trade. I relied on Dent's promise to stay with me a week and show me the business. The profits are now about 35s. a week on an average. I dismissed Turner as I could not afford to pay him. I do the round and my sister manages the shop. The rent, rates, and taxes come to 20s. or 25s. a week, the rent being £40 a year, leaving a profit of 10s. a week. I also have to do part of the repairs. Looking at the ledger I find entered for 7, Minden Road, on May 20, 21, 22. and 23 6d. paid each day; at 38, Laurel Grove, on the same dates 3d. each day; at 47. Jasmin Grove, on the same dates, 4d. each day. I saw nothing of Fowler.
Cross-examined. It was an ordinarily well fitted shop with three mirrors, scales, a refrigerator, and marble counter, newly papered. It looks nice and neat My sister said it was a nice little shop. I had had no experience of the dairy business. The business has been improving recently through my hard work. I made no complaint to the police. They came to me. I made two visits before I agreed to buy. Dent agreed to my paying £5, and promised to show me the round. I am certain the book I have referred to is the book he showed me. I looked at it very carefully, and he showed me the list of 140 customers on the first three or four pages. I did not ask Dent what money he paid out to the wholesale dealers. He showed me the cheques to the milk dealers, but took them sway immediately, before I had a chance to look at them. I looked at the milk contract with the Dairy Supply Company, which showed that he was doing eight to ten barn gallons of eight quarts each a day. He did not say anything about eggs, butter, and bread. He said he did about six quarterns of bread a day, which I do now. I do about eight barn gallons of milk a day which cost 1s. 4d. a gallon. I sold it at first at 3d. a quart, same as he did. After the first week I raised the price to 4d., because no profit is made at 3d. I cannot remember what he said he paid his butterman. I never asked him. I believe I am doing about the same trade as he did in butter. I did not ask
how much ho was doing in eggs. I sell about 200 eggs a week. He may have told me he was doing 600 in eggs. On May 23, when I paid the balance of £175, eight days had elapsed since I first saw him. (To the Recorder.) Everything in connection with this case took place at 140, Maple Road, Penge.
The Recorder said there was a difficulty in making this a substantive charge, as Penge is not within the jurisdiction of this Court, but under an Order in Counted had been allocated to the county of Kent. I he evidence would be admissible in support of the conspiracy charge.
Mr. Fulton: The first letter being received by the prosecutor at 16, King's road, Clissold Park, in the county of London, that would be an overt act within the jurisdiction.
The Recorder said there were great difficulties about it, but the evidence was clearly admissible on the conspiracy charge.
Re-examined. I paid £175 for the whole business. I could not carry it on but that my mother pays the rent, rates, and taxes. I relied on the advertisement stating the profits were over £5 a week and his showing me the number of customers in the ledger and the statements contained in the first letter. At first I took eight barn gallons. But when I raised the price to 4d. I only sold 5 1/2 gallons. I could only supply 40 customers. I relied in parting with my money on the statement that £5 profit was made weekly. Dent told me he sold it 4d. a quart. When I went on the round I found it was sold at 3d. I sold at 3d. for a week and then raised it to 4d., and have continued at 4d. ever since. It was because I believed that the business was earning £5 a week and that the books shown me were genuine, and that there were 140 customers that I paid the money over. (To the Recorder.) Fourpence is the universal price unless selling wholesale. There is only one standard for milk under the Public Health Act. The wholesale price varies from 1s. 4d. to 1s. 10d. per barn gallon. There was nothing in the books which showed that 4d. was the price. (To Mr. Campbell.) I understand profit to be the profit on the milk, butter, and eggs, after paying rent, rates, taxes, and the expenses of the business.
FRED TURNER , 19, Lucas Road, Penge, milk roundsman. In the early part of November, 1905, I saw Dent fitting up 140, Maple Road as a milk shop, and he engaged me as roundsman at 22s. a weak and commission on new customers. I went with Dent on the round. He had about 40 regular customers and several chance customers. In April. 1906, I saw Fowler. As far as I could see he came to learn the business. He went out with me on the round sometimes, and I took orders from him occasionally. My round book (produced) contains list of 140 customers copied by me from previous round-book. If I supplied a chance customer my orders were to enter the same amount against the customer daily, although he never took any other milk at all. I did this because Dent told me to do so. And because of my ignorance of the trade. I could not see at the time it was a fraud. I did not know he was going to sell the business Dent kept the ledger. When I returned from my round I would call out the entries to him and he would enter them in the ledger. I went
two rounds a clay, and this was done at the end of the day. So that duty there would appear in the ledger written in by Dent a large sum of money which had never, in fact, been received. I averaged on the round about £5 a week for milk only. We sold butter and eggs occasionally. After Blay bought the business I continued in his service, went on the round with him, and made the entries in the round-book as before, read them out to Blay and he would enter them in the ledger, calling out to him a considerable sum in excess of what bad, in fact, been received. Blay showed me to do it differently. (To the jury.) We never sold at less than 4d. in winter.
Cross-examined. I was a carpenter before I entered Dent's service. I knew nothing of the milk trade. I do not think there were more than 40 regular customers—by that I mean people who bought milk three times a day. A great many others bought milk besides—those I call chance customers. The idea was to call regularly on the chance customers. Dent always put the chance customers down and I did it the same. After I went alone hardly anybody asked me for an extra quart of milk. If they did I put down the addresses in the round book. (To the Recorder.) If on April 1 I got a new customer, say at No. 1, Maple Road, for a quart of milk, I should put down "1, Maple Road," then call the next day, and if he said "No" I should not call any more, but I would still go on putting down throughout April and May that this person living at 1, Maple Road, had taken a quart. (To Mr. Campbell.) I could see no harm in it then. I see different now. I could not see that Dent meant any harm by it. It was of great importance to him to increase his trade, and that I should call again and again on that chance customer to try and get the order repeated, and that I should put it in the book so as not to forget to call. I do ask the Jury to believe that Dent said, "Put down 4d. whether she pays 4d. or not." I honestly thought he meant no harm, and I did not think I was doing any harm. There is some difficulty in keeping a dairyman's books. Looking at the round book, on May 19, at 7, Minden Road, there is 6d. entered, showing the sale of three pints, and not on the 20th or 22nd. In the ledger on 19th and 20th, 21st, 22nd, and 23rd, there is entered 6d. to 7, Minden Road. I find it is entered in the round book. I should put it down whether I received it or not. Dent has sometimes found me short in my cash and stopped it from my wages I never remember being 8s. short—not more than 2s. 6d. I cannot say for sure what I was short.
HENRIETTA MARY ELLIOTT , 6. Minden Road, Penge. I have seen Dent and bought a pint of milk from him on four occasions in May for which I paid 1 1/2 d. I have had my own regular milkman for seven years. It is certainly not true that I dealt with Dent on twenty days in May, 1906.
The Recorder suggested that having regard to the question of jurisdiction the prosecution should proceed with the case of Davies. Further witnesses could be called on the first ease if necessary at another stage, but it was clear there was no jurisdiction in the first case, and it would only be evidence on the intent to deceive.
WILLIAM DAVID DAVIES , 70, Paul Street, Finsbury, coffee-house keeper. On September 21, 1906, I saw advertisement in the "Daily Chronicle": "Dairy. High-class residential neighbourhood. Easily managed. No previous knowledge necessary. Profits over £7 weekly. Owner going abroad. The only dairy on the estate. Will sacrifice for quick sale at only £325. Part can remain. Owner will stay with purchaser till learnt. Write Genuine, Box 7839. 'Daily Chronicle.' "I answered the advertisement and called at 52, Cressida Road, Upper Holloway, with my wife, and just looked at the place. I went again on September 23 with my wife and saw Fowler. He said it was a good business, he would guarantee the profits to be nearer £8 than £7 weekly, and that it belonged to him. There was no name up except "Jersey Farm Dairy." He said the weekly taking were about £15 a week on an average in the shop alone, apart from the milk round. He showed me four or five bills, showing they were averaging from ten to twelve barn gallons per day. He took the bills away with him. He showed me the round book and the ledger, said that he had been in the shop about five months, and that he had bought the round for £200. The shop seemed rather full of stock, but was very badly fitted. He said the milk was all full price, which I took to mean 4d. a quart. I had been in the trade ten years. 4d. a quart is the recognised full price. I was purchasing the business for a cousin. Fowler showed me Ledger G, which I believed to be genuine and relating to the business. I went through, it. I am positive this is the book he showed me in the shop. The first entry is December, 1905. (To the Recorder.) It appears to have been used at Penge. It seems to be a carrying forward of the contents of some book used up to that time elsewhere. It purports to be, upon the face of it, the ledger relating to Cressida Road, starting at June 3. (To Mr. Fulton.) This book was shown to me as the book of the business in Cressida Road, which he was selling I found Book H after they had left. I called again on the 24th agreed to purchase the business for £280, paid a deposit of £20, and received receipt (produced) from Fowler. I saw nothing of Dent up to this time. On September 29 I went again with my wife Fowler had told me he was selling the business because he was going to Chicago to sell two houses that he had not had any rent from for a long time. I told him I was buying the business for my cousin and that he would come up on the Monday. He asked me to complete there and then. I told him it was an unusual thing, but to show that I meant business I gave him £100, and obtained the receipt (produced). There were a number of packets of tea in the window. My wife asked him if they were dummies. He said, "Only a few of the top ones." On September 30 I arranged to complete on October 6. My cousin, John William Jones, was to come on the Monday for him to instruct him in the business, and he was to remain three weeks for that purpose after October 6. My cousin had been a miner. Fowler called at my address on Sunday and was introduced to my cousin. He said friends had advised him to get all the money before letting
my cousin go on the round. I said it was an unusual thing to pay up all the money before going on the round to see what the business was like, but I agreed to pay on the following afternoon and my cousin was to go on the round in the morning. My cousin went at 9 a.m. on Monday, October 1, and I got there in the afternoon and found he had not been on the round. Fowler said that the man had already gone on the round, and he kept my cousin in the shop to instruct him in butter weighing or patting. I saw the milk contractor a carman on that day, had a conversation with him, and then said to Fowler, "I understand that there is a lot of your milk sold as threepence a quart instead of fourpence?" He said, "There is just a little, but not much; but anyhow, I will guarantee you that the profits are nearer £8 than £7, so it does not matter very much after all." He said that in the presence of my cousin. I returned at 8.30 p.m., signed the agreement (produced) to purchase for the price of £280, and paid the balance of £160. Dent was there that evening after signing the agreement. Fowler introduced Dent as his brother-in-law, and said he had been working a little on the round I therefore told Fowler that he and William Eudon, the roundsman, must sign agreement £(produced) not to interfere with the customers or set up in opposition, which they did I paid Fowler the £160 in three £50 notes, dated March 13, 1905, Not. 25046/8, and a £10 note, No. 18469. Fowler was to remain for three weeks after October 6, and I paid him the £160 on condition that he was to pay all expenses and receive all moneys, and to give me £4, half the net profit. On the next day, October 2, I sent my cousin to the shop, and went up in the afternoon. Fowler was not there. I examined the packets in the window, and found they were nearly all filled with saw dust. (To the Recorder.) I paid the money not only for the goodwill, but for the stock—"all at." (To Mr. Fulton.) Fowler had disappeared, and I did not tee him again until I saw him at the police court. He had given me an address which was a false one. The next day I went on the round with Eudon. In his round book there were two or three names of houses which did not exist I had a conversation with Eudon, and the next day he disappeared altogether. The round really did about five barn gallons, all at threepence a quart. (To the Recorder.) From October to March milk costs about 1s. 10d, a barn gallon, and if sold at 3d. a quart it only leaves 2d. a barn gallon profit. Fowler told me he did an average of 10 or 12 barn gallons at full price, and I saw bills to that effect. [To Mr. Fulton.] There were about 35 customers. Ledger H was left on the premises, and it now contains list of 35 genuine customers in my cousin's writing. I called at a great many of the addresses set out in that book and found that they were chance customers. I stayed till Saturday, October 6 and then closed uo the place as it was no good staying—there was no business. I sold the pony and have got the cart (which I should sell if I could get a purchaser) and 4 lb. of tea. That is all I have received for my £280. I discovered that there was a dairy just
round the corner Fowler said there was no milk shop near. It is a medium class neighbourhood with small houses occupied by one family. Looking at the ledger, I find milk delivered to 39, Mirands Road from September 9 to 15 1s. 10d. Looking at round book, I see entered for that week 8 1/4 d. In the ledger for 7, Dresden Road from August 4 to 18 there is entered 3s. 1d.
Cross-examined. I have had considerable experience in the milk business. The four days I tried the business were quite sufficient to satisfy me that everything Fowler said was quite false. I went to the police on October 2, as soon as I found that ho did not come back. I was very angry with him. The first false pretence was that he was carrying on a large and profitable business as dairyman. If he was doing ten barn gallons a day at 4d. a quart it would be a living and I should not complain of his having said it was a large business. He was not the first to tell me there was another little shop near where they were selling milk. I learnt it before he disappeared—before I parted with the final balance. I say that in order to defraud me he said there was no other milk shop on the estate. He told me he was doing £15 a week in the shop alone. I think the wife was there at the time. I complain that he told me he had been in the shop for eight months. It did not matter much as long as the trade was there how long he had been there. He told me that he had bought the round for £200, and I believed him. Fourpence a quart gives a profit of 100 per cent, in the summer time. Off the £7 or £8 profit I should reckon to deduct rent, rates, taxes, and the wages of one man leaving a net profit of about £4 10s. On the day I went the round with Endon we called on 100 or 120 people. A great number were chance customers, and some of the numbers were empty houses. I have had no conversation with Blay about this case.
Re-examined. The takings for the shop on the five days I had it open were £4 1s. 4 £d. Fowler guaranteed £15 a week on an average.
MARY DAVIES , 70. Paul Street, Finsbury, wife of last witness. On Sunday September 23, 1906, I went with, my husband to 52, Cressida Road and saw Fowler and Endon. Endon said he had taken £3 that morning, and Fowler said. "All right." Fowler said he had a good round; they were all cash customers, and he sold a good deal of butter on the round. He said he had taken 158 imperial gallons of milk that week; that he was selling the business because he wanted to go to Chicago, as he had two houses there that he had not had any rent from for two years. On the following Saturday I went again and paid £100. My husband asked to see the landlord Fowler said that it was not necessary, as he had spoken to the landlord and the reference was good enough if we could invest £300 in the business. There were some packets of tea in the window. I asked if they were dummies. Fowler said a few at the top were. On Sunday Fowler came to see me. He said he was worried over the money. He was afraid we should get the business and pay him no more money. I said, "Don't worry, you shall have the money if the
business is all right, as we are straightforward people." He said, "The business is all right," and he would guarantee over £7 a week clear profit.
Cross-examined. I am sure Fowler did not say there were only just a few packets of real tea at the top. When he wanted the money he had moved some of his furniture out and we had moved a small portion of ours in.
JOHN WILLIAM JONES , 70, Paul Street, Finsbury. On September 30 my cousin, Davies, introduced me to Fowler at Paul Street, and on Monday, October 1, I went to 52, Cressida Road, at nine a.m. to learn the trade, Davies having arranged to purchase the business for me. I had arranged to go on the round. Fowler said it was too late, the roundsman had gone, but he would instruct me in butter weighing, which he did. I remained there till five p.m. I said that trade seemed a bit slack in the shop. Fowler said Monday was a quiet day, that it would come all right in the rest of the week, that the people bought their goods in on Saturday. My cousin came that day, and went out with the wholesale milk carman. On hit return he said to Fowler, "Why did you tell me that the trade was full price?" Fowler said, "You have made a mistake, I referred to the shop trade; but what does it matter about the price I sell the stuff at if I can guarantee you £7 profit—in fact, it if nearer £8 than £7." During that day they took about 2s. or 3s. in the shop. I went there on the following morning. Fowler met me on the door-step and said he would like a cup of coffee, and asked me to remain in the shop; he then left and never returned. I went with the roundsman, Endon, and saw a little of the round that day and the next day, after which Endon disappeared. On October 4 I went round with the list given me by Davies, and called on about 35 customers. We took 12s. 9d., including butter and eggs, and bills owing from the previous week; on Friday we took 5s. 9d., and on Saturday 19s. 7 1/2 d. I examined the packets of tea and flour. There were about 150 packets of supposed tea, which were all filled with sawdust excepting nine. The packets of flour were sawdust.
Cross-examined. I do not know whether there was some real flour. On Thursday, October 4, I went on the round with Davies, starting at 6.30 a.m. We only called on about 35 customers. Davies went on the Wednesday, and may have called on 120 people. On Thursday and Friday we only called on about 35, and some of them refused: We served other chance customers. I understood by Fowler's statement we should make a profit of £7 a week. I do not know whether a man doing 10 barn gallons a week would make that amount.
Re examined. List of customers in ledger page 30 is in my writing, made up from list supplied by Davies of the regular customers—I do not know of any others.
over the counter three £50 bank notes, Nos. 25046/8, dated 13.3.05. It was rather an extraordinary transaction for a man with so small an account, and my cashier, under my instructions, asked the reason why he was changing them into gold. He said he was that morning buying some horses, and he wanted the ready money. I produce copy of his account opened August 30, 1906, by payment in of £40, drawn on by small cheques, until on October 1, when he drew £25, leaving a balance of £2 18s. 1d.
HUGH EDWARD BROWN , manager. New Southgate branch, London and Provincial Bank. I produce copy of account of the prisoner Alfred Dent, opened on October 4, 1906. by a payment in gold of £160. The balance is £125 12s. 11d., subject to a garnishee order from the Edmonton County Court for 9 16s. 11d. I have had notice from the police with regard to this case.
WALTER FREDERICK WATSON , 3, Brunswick Road, Upper Holloway, milk roundsman. On June 11 or 18 I was engaged at 52, Cresside Road at 10s. a week without commission. Fowler engaged me. I went the round with Dent. The business was being started, and we distributed the circular produced. We called out, and we served a few stray customers. We had not any round. When we served milk we booked the address. I was there till the end of September. We were working up a business—there was none. Dent went with me daily during that time. We sold at 3d. a quart. We got a good few customers—32 regular can customers, who had milk left daily, and others who took milk occasionally. In September I went alone. I do not remember how much money I took. Dent paid my wages the first time, other times Fowler paid me. I do not know how many barn gallons we had. I am not much of a scholar. I have no know ledge of the "herd of finest pedigree cows in existence" mentioned in the circular, or that the prisoner's milk showed 5 per cent, more cream than any other dairyman's, or of the Kerry Farm. I have never been to 140, Maple Road, Penge. There was a pile of the Penge circulars; they were used cut in half for putting under the milk cans Prisoners had small cans stamped "Maple Road, Penge." Dent said he had bought them. There was a hand can with "Old Kerry Farm Dairy" on it, the plates of which were afterwards taken off. Rhodes had a dairy at Hazelville Road, five minutes' walk from prisoners place. Rhodes took about two gallons of milk a few times from us I was there once or twice when he had it. Dent and Fowler lived at 62, Cressida Road with their wives and children. Rhodes was on good terms with prisoners. In the round book produced I entered the money received, and would call out to Dent the amounts and he would enter them in the ledger. I find September 17, 11, Cresside Road. 1d. On September 19, 70 Gladesmere Road. 3/4 d. On the last leaf of the book is a list of addresses in my writing, put down by me from memory, of the people I called on and served casually. I left in November because prisoner gave me notice. There were a few who took milk three times a day.
Cross-examined. I said at the police court there were 71, counting the occasional customers, and that is right. I called on one day on 71 snd sold milk to all of them on that day. There might have been a few more occasional customers—not 20. About two paid 4d. a quart. Rhodes came to the shop every morning for about two weeks. Milk was a bit short at that time; he took milk nearly every morning. I never saw it returned back. The casual customers might be more numerous than the regular ones sometimes.
Re-examined. We never supplied 140 customers on one day. We did not supply 71 every day. Once I fetched milk from Rhodes.
(Tuesday, January 22.)
Harrison, a man in Fowler's employ at Cressida Road, said he used to go on the rounds with Dent or Watson. He knew Rhodes, who kept the Jersey Farm dairy in Hazelville Road; he went to Rhodes's place about once a week and bought butter and eggs; Rhodes also came to Cressida Road himself and made purchases of butter, eggs, and milk. Witness never saw any milk sent by Rhodes to Cressida Road.
Cross-examined. I was employed by Fowler altogether five or six weeks. It was during the last fortnight I was there that Rhodes came He was himself a milkman; I know that it is not unusual for milkmen to borrow milk of one another. The customers called upon on the early morning round would be about 70, and on the second round about 110; they actually served on the second round about 40.
GEORGE JACKSON , owner of 52, Cressida Road, said that those premises were taken by Fowler in June last on a yearly tenancy for three years at the yearly rent of £50; Fowler paid £12 in advance, and agreed to do certain repairs. The tenancy had not been formally terminated, but witness had resumed possession. Before Fowler took the place it had been empty for 12 months; prior to that it had been carried on by a greengrocer for 11 years; it had never been a dairy. There is a small milk shop 30 or 40 yards away, and a regular old established dairy in Angel Road, about five minutes walk away.
EDWARD JOHN DITHY , newsagent, 50, Cressida Road. I had the keys of the empty shop, 52, next door to me. On June 14 the two prisoners called on me; they said they had taken No. 52, and intended opening it as a dairy; I advised them not to, as there was a dairy close by which did not do much business, and there was a very large dairy about three minutes' walk away. From what I saw I think prisoners did not do much business, at any rate in the shop. I was not surprised when the place was shut up. On October 29, about three weeks after they had sold the business, Fowler and Dent with another man called on me; prisoners expressed surprise that the shop was shut up; they saidthey had heard that the business had been sold. and asked me what the last man had got for it; I replied that I bought about £280; then they laughed; it seemed to amuse them.
They said they thought of reopening the place. I know Rhodes by sight; he was always daily at 52, Cressida Road.
Cross-examined. While the business was going, prisoners were both at work at it; one of them was always in the shop; they were evidently trying hard to make a business.
GEORGE BULL , furniture remover. On September 24 Dent and Rhodes called on me about removing some furniture from Cressids Road to New Southgate; they asked if I could remove it on the 26th at two o'clock in the morning, in a plain van; Dent said he wanted some of his furniture removed to Slough. On the 26th, at 2 am. I removed part of the furniture to New Southgate. Next day I called at Cressida Road and saw Fowler; he told me the Slough job was of, and asked me to store his furniture. On September 28 (also it two a.m.) I removed his things to my place. The ledger G. was among the things stored.
Cross-examined. It is not a usual thing to remove furniture at night.
Miss E. H. SAUNDERS, in service at 39, Miranda Rood, said she purchased some milk from prisoners' roundsmen, paying 3d. a quart; she paid 4d. to the regular milkman; she produced the book containing entries of purchases from prisoners.
Mrs. CLARK, of 82. Harberton Road, said that she occasionally bought milk of prisoners' roundsmen. She was away from August 4 to 11, and the house was shut up, so that no milk could have been sold there between those dates; she had not bought milk of prisoners on any Sunday.
JAMES F. NUNN , 77, Harberton Road, said that at odd times he had bought milk from prisoners' men. From September 3 to 10 his wife was away and he was alone in the house; he bought no milk during that time; then he went away for ten days, and the house was shut up altogether.
Mrs. MEHLS, 9, Dresden Road; Mrs. Driscoll, 7, Dresden Road; Mrs. EARLY, 16, Harberton Road; and Mrs. Pearce, 43, Bismarek Road, gave similar evidence, to show that no milk could have been sold at their houses on days on which ledger G. contained entries of sales of milk there. As a specimen case relating to the Peage business, Miss Emus was called (to prove that she never purchased any milk from the Kerry Farm Dairy, although the ledger showed that for a fortnight in May she was daily taking milk at 4d. a quart.
Inspector ARTHUR NEAL, Y Division. On November 1 I went with Sergeant Hull to a public-house in New Southgate and saw the two prisoners. I told them we were police officers, and said to Fowler, "Is your name Fowler?" He said, "No." To Dent I said, "Your name is Dent." He said, "Is it?—I don't know." I told them I should arrest them. Fowler said, "It's all right; I am Fowler: what is it about?" I said, "The sale of a dairy business at 52, Cressida Road; it is alleged that you defrauded a man named Davies of £280," and I read out the particulars. He said, "I know he got
value for money; there is nothing in what I told him; that is only business; and, besides, who is going to (prove I made all those representations; there is only his wife, and they won't take her evi-dence; I know I promised to stop three weeks to show them the business, but I had to come away; business called me away; Davies is a business man, and he had every chance of finding out what the business was before he paid the money." At the station Dent said, "I know nothing about it; I shall soon get out of this; we were wide people; I am second to none as a dairyman; Davies got done, and now he doos not like it." When the warrant was read Fowler said, "Who else is there?" I said, "A Mr. Blay, who bought the business at Maple Road, Penge." Fowler said, "I know nothing about that; I was only staying there." Dent said, "He can't complain; he told his business again." At Fowler's house at New Southgate I found ledger G. and various paipere.
Witness added that he lived in the neighbourhood of Cressida Road, and could say that there were, at least six dairies within five minute' walk of that splace.
Cross-examined. Both prisoners were sober when they made these statements.
Sergeant FRANCIS HALL, Y Division, who took Dent to the station, said that on the way there Dent said, "I have had none of the money; I have not a quid in the world." Witneas told him, "We have ascertained that you changed three £50 notes, which were paid by Davies to Fowler." Dent said, "Oh, blimey! how did you get to know that; but, after all, it's only a case of catch-as-catch-can." As to the Penge business he said, "Blay haa not lost much; I know as a fact that he sold the business for £165; I reckon we ought to have had another £50 from him.
ALFRED DENT (prisoner on oath). My real name is Alfred Fowler and I am the other prisoner's brother. Dent is my mother's name; when I went to America the people there always called me Dent; I lived in Michigan with my uncle Isaac Dent; my return passage was taken by him in the name of Dent, and all my luggage was in that name. In America I became very familiar with a dairyman's business. On my return to England in June, 1905, I brought with me £100. My brother was then employed as an engineer at Tilling's, at New Cross. My wife and child came back with me from America. I got my brother to lend me £50; I was to repay him £3 a month and a bonus of £20. I looked out for a place at which I could start a dairy business, and ultimately went to Penge. I spent £93 in fitting up the shop, and made it the nice at dairy shop in Surrey. For the
security of my brother's loan, both names were up over the shop, "Dent and Fowler." I worked at the business from five in the morning till 10 at night; I got about 140 customers, half of them regular customers. I engaged Turner as a roundsman; he did not know the trade, and I tried to teach him; I told him, if he ever got across a chance customer, to call on that customer persistently until we got him as a regular. I advertised the business for sale for £300, and Blay replied. I told him it was a good business, that I was making £5 a week profit—I did not say "net profit"—that I had about 140 customers, not all regular. These statements I say now were true. I admit that I ought to have stayed with him (after he purchased) two days longer than I did; when I left him I intended to come back as I had promised; but I got drinking, and was not fit to go back. I say the business was cheap for £250; Blay would not take £200 for it now. With regard to the Cressida Road place, my brother thought of going into the dairy business; he said he would take a place if I would lend him £50 on the same terms as his previous loan to me, and in addition that I should stay with him for a time at £2 a weak and make a round for him, and that when it showed a profit of £5 a week he would give me a bonus of £50; I was to buy the necessary horses and cart, and pay stabling, etc. I agreed to this, and the Cresiida Road shop was taken. I worked up the round; the last week I wit there I sold 68 £ barn gallons on the round, 72 lb. of butter, and 400 eggs. I settled with my brother, and left the place three weeks before Davies took it. I can refer to 20 of the largest companies in London who sell their milk at 3d. a quart in the summer, and they pay dividends of 10 per cent.; at 4d. a quart milk shows a profit of 100 per cent. I deny that there was any conspiracy between me and my brother to sell fraudulent businesses.
Cross-examined. It is not right to say that I disappeared immediately I received the £140 from her. As to Turner's evidence, I think he is a truthful man, but he misunderstood what I told him. I cannot account for Davies shutting up the Cressida Road business. When I asked (Bull to remove our furniture in the middle of the night it was so as not to interfere with the business, which is, of course, an early one. I deny that the £160 with which I opened my banking account was my share of the fraud. The three businesses referred to were all genuine.
(Wednesday, January 23.)
EDWARD FOWLER (prisoner, on oath). I am brother of the prisoner. I was employed at Tillings as foreman of their motor carriage department at £3 10s. a week. I confirm my brothers account of my leading him £50 when he took the Penge business. Three months after that I stayed at the Penge shop to learn the dairy business. I found my business at Tillings injurious to my health, and I thought I would
try a dairy business myself. I approached my brother on the subject, and we made the agreement he hat stated, and I took the Cressida Road business. With regard to the sale to Davies, I admit that my advertisement was similar to that of my brother's in the Penge case; I probably saw the latter and framed mine upon it. (Witness was taken through the various statements to Davies relied upon as false representations and justified each one.) I did not tell Daviet that I had bought the round for £200. I did not tell him that we sold the milk at 4d. a quart. There were circulars which he must have seen all over the place stating that the price was 3d. I told him we sold in the shop at 4d. and on the round a little at 4d., but the bulk of it at 3d. The book I showed Davies was the book H. He never saw ledger Q. The entries in the books alleged to be fictitious were made in the course of instruction in account-keeping by my brother to me at Penge and by me to my wife at Cressida Road. With regard to Bull's evidence, the furniture was removed in the early hour of the morning so as not to interfere with the business. The three £50 notes I gave to my brother were in settlement of what I owed him.
Cross-examined. Davies was mistaken when he says I showed him Ledger H. I was only two weeks altogether at Penge. It was not for the purpose of hiding our identity that at Penge my brother was; master, while at Cressida Road I was master and he servant. I never promised Davies that I would-stop and teach him the round; my man was to stay on and teach Davies nephew. I know nothing of the Thwaites transaction. Our sales at Cressida Road averaged 10 ban gallons a day; I heard Davies say that he only sold five gallons; perhaps that was because he was late on his rounds; our second round we never started later than nine o'clock; Davies said that he started it at 10 or 10.30. Davies is a liar when he says I told him I had given £200 for the round.
Verdict, Guilty of conspiracy and of false pretences.
Inspector NEAL said it was true that Dent's proper name was Alfred Fowler. In 1902 he was in partnership with a man named Edward Rhodes, at Watford; the two obtained some £300 on the sale of a dairy business and then bolted to America, Dent evidently thinking that there was a warrant out for the two. He returned in 1905, and carried on a dairy business at Stoke Newington, a brother of Edward Rhodes acting as roundsman. Dent was next heard of at Penge; after the sale to Blay Dent disappeared, and very soon afterwards he and his brother were found at Cressida Road. Edward is very respectably connected by marriage; it would seem that he had been dragged into this business by his brother.
Sentence, Alfred, Five years' penal servitude; Edward, 12 months' hard labour.
Mr. Fulton, in applying for an order of restitution, cited the case of R.v. George (65 Justice of the Peace, p. 729), where the Common Serjeant, after consultation with Mr. Justice Bigham and the Recorder
said "They were ail of opinion that the 24th section of the Sale'of Goods Act, 1898, prevented property claimed by fraud being re-vestal by the mere fact of the conviction, and therefore restitution could not be ordered against a bona-fide purchaser, who had a good title at law. Where the goods were found in the possession of the person who had obtained them by fraud, the former owner might disatlirm the transaction, and was then entitled to recover the property."
The Recorder, adopting this decision, made an order of restitution to Mr. Davies of the £125 in the bank, less £9 16s. 11d., the amount of a garnishee order.
The Recorder commended the police for their conduct of this case; it was one in which the police certainly should have had legal assistance. Inspector Neal stated that the Commissioners had issued a memorandum to the effect that under no circumstances were the police to ask the magistrate to certify for legal aid. The Recorder said there might be good reasons for that memorandum, but in a complicated case like this the result was very unfortunate.
Mr. Campbell intimated that he might, after consideration, ask his lordship to state a case for the C.C.C.C.R., on the question whether there was any evidence of obtaining money by false pretences by Alfred Dent.
The Recorder said he had explained to the jury that they were not to find Alfred Dent guilty of false pretences unless they thought he was an accessory before the fact. However, he would not decline to state a case, if, on consideration, Mr. Campbell desired to take the opinion of the Court on the point. Prisoners were called back, and his lordship passed upon each the further sentence of 18 months' imprisonment on the count of conspiracy to defraud, to run concurrently with the sentence already pronounced.
NEW COURT; Saturday, January 19.
(Before Judge Rentoul.)
HAMILTON, John ; having been entrusted with £32 6s., tin moneys of the several members of the Hope Mutual Loan and Musical Benefit Society, in order that he might apply same for the purposes of the society, did fraudulently convert the said moneys to his own use and benefit.
Mr. Curtis Bennett and Mr. Eustace Fulton prosecuted. Mr. Huntly Jenkins defended.
VERE GODSALL WARD , resident medical officer at the Temperance Hospital, Hampstead Road. On December 3, about 11 p.m. prisoner was brought in. I was told he had had something thrown in his eyes. I examined his eyes; there was a very slight redness in both. It might have been caused by rubbing; if caused by pepper there would have been signs of inflammation. Prisoner had a slight bruise on the fore-head, not very recent: it was quite dry. I noticed no smell of pepper.
Cross-examined. If pepper had been thrown, and the eye washed ourimmediately, the inflammation would not last long, it was between 10 and 11 that I saw prisoner.
ARTHUR KINGSNORTH , carriage cleaner at the London and North-Western Station at Euston. I am one of the committee and vice-secretary of this society, which was formed among the cleaners at Easton Station for the purpose of a share-out at Christmas and to lend money to members requiring it. We met at the Hope Tavern on Thursday nights. Prisoner was secretary. Members requiring loans would apply to the secretary, and he would draw the money from the treasurer and hand it to the members. On December 3, about 10 p.m., prisoner told me he had been robbed an hour before of all the club money, that men had set upon him, thrown pepper in his eyes, and pulled him into the Mews. I saw no sign of pepper on him, no disarrangement of his clothing, or dirt or dust on them. I went with him to the hospital and to the police station.
WALTER WATTS . I am a member of the club, and one of the auditors. Prisoner's duty was to receive money from the members and hand it to the treasurer, entering the amounts in the contributions book. He was allowed to keep £1 in hand to meet small loans. If a member wanted a large loan he would have to give a week's notice. Our first audit was about June. It should have been at the end of March, but there was some dispute. In June prisoner produced to me all the books except that in which he recorded the loans; I asked him several times for this, and he always made some excuse; I could never get it. On December 3 I saw him about ten o'clock; he said that some men had set upon him in Granby Street and done him for the lot—all the club money; that they had flung a rape round hit neck and thrown pepper in his eyes; one man had pushed him against the wall, while another took from his trousers 'pocket (two envelopes containing money. Next day I saw him at work; I asked him to bring 'down on the night of the 5th all the books and papers he had referring to the club; he said he would be there at half past eight; he did not come. On the 6th I saw him at the "Hope" and asked him if he had brought the books; he opened his overcoat and said, "Yes, there they are and there they are going to stop; I have had advice as well as you; I have been advised to keep these books—not to let them go out of my hands—and I am going to keep them." Liter on he gave the books to the treasurer, and they were audited by me and an outside auditor. We found that up to the end of the year prisoner had had from the treasurer £75 5s.; the loan book showed that he had paid out to members £42 19s., leaving a balamnce of £32 6s.
Cross-examined. I knew at the June audit that he had then bad £53s. 3d. too much, which he then refunded. I did not tell anyone about it. At the time he told me about the supposed robbery I did not believe it; we were all of the same opinion, but we did not like to express an opinion. We took advice from a solicitor before instituting proceedings; that was a fortnight (afterwards; I agreed with the others that prisoner ought to be prosecuted.
JOSEPH PEARSON , licensee of the "Hope Tavern." I am treasurer of this club. On December 3 I saw prisoner after eleven p.m., after he had been to the doctor and to the police. I had made many applications to prisoner for his books, and he always put me off. I eventually obtained possession of them on December 6.
Cross-examined. Prisoner had a right to keep in hand £1 for petty leans; for larger loans he would come to me and say he wanted so much, and I should give it him; I should not know who the money was for. He paid me the subscriptions every Thursday. The money was all mixed up together. At the June audit he paid me £5 which he had overdrawn, and he drew £10 the same night. When I first heard of the alleged robbery I believed it was all false.
To the Court. There was no check on the money prisoner got or could get except the books and the receipts. He had, in fact, drawn all the club money except about £8. The members trusted him.
FREDERICK NORFOLK , coffee-shop keeper, Grnnby Street. On December 3, about 9.20 p.m., I was fetched home to see the prisoner; he was standing in the doorway; he was making a terrible fuss, or living to. I said, "What's the matter, Jack?" He said, "They have done it, Fred; this is some of Benny's doings; he said he would do it." He said some men had set about him, thrown pepper in his eyes, pulled him down and robbed him. I saw and smelt no pepper about him, and nothing to indicate a robbery. He went to a bowl of water and put his head in it as if washing His eyes. I saw nothing the matter with his eyes, and no new bruise; there was an old scar on one side with the scab on it.
Cross-examined. I know now who "Benny" is; he catered for a beanfeast to which I and prisoner and a lot of others went. I am not a member of this club. When I saw prisoner on December 3 he had on a turn-down collar, a starched collar. That very night I said to my wife, "Well, this is a funny tale"; I told Pearson the same night, and the police the next morning, the same thing.
Sergeant JAMES MOORE, S Division. On December 3, about 10.30 p.m., prisoner and Kingsworth came to me at Albany Street Station. Prisoner said that at about nine o'clock that night he was pawing through Granby Mews, Harrington Street, passing the mews on the way to the "Hope"; someone threw some pepper in his eyes, a rope was put round his neck and pulled tight, one man seized him from the back and put his arm round his neck, and another man came in front of him and put his knee in his stomach, and they took from his pockets a bag containing £33 10s., and another containing £1 5s.; that he threw the rope off his neck into the road, groped his way to the coffee house, where he told the story of the robbery and the pepper and washed his face; that he then went to the "Russell Arms" public-house, then to Somers Town Station, where they had sent him to us. I examined his eyes and saw nothing the matter; there was no sign of a rope having been round his neck, and no dirt on his
clothes. I went to the scene of the alleged robbery and saw nothing at all there. On December 18 I went to his house and told him I had a warrant for his arrest; he said, "I have been expecting this"; on the way to the station he said, "They should not have trusted me with so much money." There is a man known as "Benny" in existence; prisoner did not ask me to arrest him; he said he had no ground to go against Benny, because he saw no one.
Cross-examined. Prisoner said to me that Benny might have done it; I have not mentioned this before; I have not been asked. I have made inquiries, but could find nothing to connect Benny with the robbery. This matter had no doubt been much discussed by members of the club, so it is not surprising that prisoner said to me, "I have been expecting this." When I saw prisoner on the 3rd he was wearing a white turn-down collar; that I swear. I saw no sign of inflammation of prisoner's eyes. The mews where prisoner says he was robbed is a paved place, the road quite hard.
Re-examined. The place is very much frequented. Prisoner said the rope had been pulled tight round his neck, and then when the men got away he threw it off into the street I went there immediately he gave the information and found no rope.
JOHN HAMILTON (prisoner, on oath). I live at 43, Blackstock Road, Finsbury Park. I became secretary of this club when it started in January, 1906. I used to go to the treasurer every Friday morning and draw £1. I could not tell exactly how much I would, want in the week. Members would come to me in the week for 2s, 3s., or 5s. Some would ask for a loan and then find they did not want it. I should have that money on my hands, and the arrangement was that I should keep all the surplus money until the audit. The first audit, which should have taken place in March, did not take place till June. I then had a surplus of £5 3s. 7d. I paid £5 before the audit came off because I did not want to keep it any longer. The 3s. 7d. they said I could leave till the second audit, and that never came off. The books I had were a contribution and a receipt book belonging to the club; in addition I had a small petty loan book, a private book of my own. The contribution book I handed in to the club eight weeks before December 3. I had no obligation to produce the loan book. All the loans were entered in the contribution book. It was owing to the second audit not coming off that I had this large sum of money in hand; it should have come off in June. I had £1 5s. 9d. in hand from the results of a beanfeast we had had in the summer. Early in December I was told that Benny had said that unless I brought up this money at a certain time I should be set about. On December 3 I had on me in two little bags £33 10s. and £1 5s. I was going to take the latter sum to the "Hope" and give it to Benny if I met him. The
odd 9d. I was keeping as my own share. When I got to Granhy Mews I was crouching up against the wall, as it was a very windy night As I was just at the corner a hand came out, and a lot of what I am almost certain was pepper was thrown into my eyes. I put up my hands to save my eyes, and a rope or cord was thrown over my head. It was not pulled tight; before they could pull it tight I threw it off me. I did not tell the officer that it was pulled tight and then I afterwards took it off and threw it on to the ground. I just threw it over my arm. As soon as I threw it off a man's arm came round my neck and gripped me by the throat, so that I was helpless; they dragged me into the mews; one of the men either punched me or kneed me in the stomach; they did not pull me to the ground at all My eyes smarted very much, and I could not see for some time. When the men got away I groped my way by the wall and got out of the mews. I appealed to a passer-by, but he walked on. I worked my way till I came to the coffee-shop. Mrs. Norfolk sent and fetched her husband When he came his first words were. "Hallo, Jack, you haven't gone to America, then?" That alluded to a rumour that had been put about on the Saturday night that I had gone to Canada with the club money. I had on the identical collar I am wearing now. I never wear a starched collar on week nights. Norfolk said. "You had better come in and wash your eye," and he gave me a bowl of water and I bathed the eye. We went to the police station and got there just after 10. I was told to go to Albany Street Station. I got there about 10-30. It was about 11 that I was examined by the doctor. I have told this story all the way through. I gave it on oath at the police court. I have never had a charge of any kind brought against me before. I quite appreciate my position here and that I am on oath. I swear that my account of the robbery is the truth. As to what I said to Norfolk about Benny two or three weeks previously. I had learned that Benny had threatened me, as I had heard, and that naturally came to my mind.
Cross-examined. I have no grievance against Benny at all. but I thought at the time that this assault was at his instigation. I repeat that the arrangement at the club was that I should keep all the surplus money at the audit. It is not true that I was supposed never to have more than £1 in hand at a time. I did not know that anybody knew on December 3 that I was going to bring the money to the Hope. On that night I had on a pair of corduroy trousers with flap-pockets buttoned over. I saw no one about the mews; it is not particularly well-lighted. I am quite sure it was pepper that was thrown at me; I could smell it. It only got into my eyes and a little up my nose; none on my hair or clothes. The rope was not pulled tight. I never told the officer so. I could not shout out because the man's hand was right up against my throat. As soon as the men got my money they pushed me up against the wall and grazed my eye.
Verdict, Guilty. The Jury recommended prisoner to mercy on the ground that the lax manner in which the books of the club were allowed to be kept amounted to "contributory negligence." Prisoner now offered to refund the money by paying £5 down and the balance at 5s. a week. Mr. Kingsnorth and Mr. Watts, in reply to the Court, stated that the members of the club would not accept this. Sentence, Six months' imprisonment in the second division.
THIRD COURT; Friday, December 14, 1906.
(Before Judge Rentoul.)
PALAST, Tobias (46, dealer) ; unlawfully making a charge on his property, to wit, certain furniture and other chattels and things in schedule to a bill of sale, by which he assigned unto Solomon Margolies the said property by way of security for payment of £125 and interest thereon, with intent to defraud his creditors, being adjudged bankrupt and within four months next before the presentation of petition, removing part of his property of the value of £10 and up-wards, to wit, one case containing leather bags, purses, and other fancy goods, and two other cases containing similar goods within two months before the date of unsatisfied judgments; unlawfully and with intend to defraud his creditors, did remove part of his property, to wit, the goods above mentioned, and concealing part of his properly, to wit. three cases and their contents with like intent; making a transfer to one J.M. Schama of his property, to wit, three cases and their contents, with intent to defraud creditors; being adjudged bankrupt and within four months next before presentation of petition, unlawfully and with intent to defraud creditors did dispose of otherwise in the ordinary way of trade, certain property obtained on credit and has not paid for, to wit, a large quantity of Dorothy bags and hand-kerchief bags.
Mr. Charles Maihews and Mr. R.F. Graham-Campbell prosecuted; Mr. Lynch defended.
GEORGE ENGLISH BOYLE , messenger, Record Office, Bankruptcy Court, produced two files: the first on a creditor's petition of November 9. 1905, against prisoner; order appointing the Official Receiver interim receiver; petition dismissed December 1 on the ground that no act of bankruptcy had then been committed, and the interim receiver discharged December 13. Secondly, on December 14, creditors petition; order made December 18; the defendant adjudicated bankrupt on December 23; statement of affairs filed January 10, 1906; amended statement sworn February 8, and filed March 6,1906, showing liabilities £1.776 18s. 2d., assets £63 19s. 5d., total deficiency £1.712 18s. 9d.; and the public examination of the debtor signed and sworn by the prisoner.
PERCIVAL JAMES MOUNTIER , cashier, St. Mary Axe Branch, London Joint Stock Bank. Prisoner had an account at our bank opened September 30, 1903, and remaining open on October 24, 1905. I produce correct copy of the account from January 1 to October 24, 1905, when it was closed by the prisoner withdrawing the credit balance of 7s. 9d. I produce copy of book in which are shown dishonoured cheques and bills presented during October, 1906: "October 3, Bank bill £100, N.S.; October 4, Capital and Counties, £18 10s., N.S.; London and County, £24 19s. 6d.; 16th. London and County, £33 6s.; 18th, Bank of Scotland, £50; Union, £32 13s. 9d.; 23rd, Capital and Counties, £18 10s.; and 28th, London City and Midland, £100"—that, is marked "Account closed," others being marked "N.S." (Not sufficient). On May 29, 1905, my bank wrote to prisoner, requesting him to close his account; it was not, in fact, closed until October 24, 1905.
Cross-examined. From January, 1905, prisoner paid in £863 3t. 5d. The first dishonoured bill was April 26, 1904, £10—that was merely a question of endorsement, and the cheque was afterwards paid.
Re-examined. On April 29 there is a cheque "effects not collected"; May 2. £38 ditto; May 10, R.D.; May 8, R.D. £10; May 16, effects not collected; May 18, £44. effects not cleared; May 24, refer to acceptor; May 26, effects not cleared; May 30, orders not to pay; July 24, N.S. (not sufficient); July 25, effects not cleared; August 18, £50, no account; August 22. £20 15s., N.S.; August 30, £24 15s. 8d., N.S.; August 31, £24 15s. 8d., N.S.
HAROLD JAY , cashier, London and South-Western Bank, Bishops gate Branch. Prisoner opened an account with my bank on August 18. 1905. which was closed November 24. 1905. with a balance of 4s. 7d. which has been handed to the Official Receiver, and of which I produce certified copy. On September 18 cheque of a J. M. Schama for £41 15s. was presented and not paid, but met on the next day. I produce list of dishonoured cheques and bills between September 18, 1905, and January 17. 1906.
CHARLES LOUIS OWEN . managing clerk to J.S. Oldpeld, solicitor, 64, Basinghall Street, E.C. We acted for Reith and Copp, Offenbach, Germany, and issued writ (produced) against prisoner on November 6 in respect of two dishonoured bills for £201 4s., the first of which was drawn May 30, payable October 3, accepted payable at London Joint Stock Batik by T. Palast and Co., to which is attached a slip, "Not sufficient" The second bill is drawn May 30, payable November 3, and is marked "Account closed." On November 29. 1905. judgment was entered in default of defendant for £205 16s. which has not been satisfied.
LIONEL CHARLES JOLLY , of Battle and Co. solicitors. 22. Aldermanbury. My firm acted for Ludwig Hirsehfield against the prisoner, and issued writ for £50 on dishonoured acceptance on October 24. and obtained judgment. We also acted for Ernest Engender, of
Crefeld; issued writ against prisoner on November 21 for goods supplied (£29 18s. 11d.), and obtained judgment on December 18. Neither judgment has been satisfied.
THOMAS JAMES GOODARD , auctioneer, 48, Milton Street, City. About a month ago I opened cases Nos. T. P. C. 3408, G. D. 484, and T. D. 709, which contained bags, parses, etc. The goods were inspected and remain at my auction rooms.
JAMES J. DAVIS , agent for Ernest Englander, foreign merchant, Crefeld, Germany. Prisoner called at my office on October 13 and gave an order for fourteen pieces of satin, value £29, which were delivered the same day. We have never been paid and have instructed proceedings to be taken.
Cross-examined. The invoice included four pieces sent on approval. The goods were not for the Christmas trade; it is a trade that goes on all the year.
HENRY JOHNSON , 10, Cannon Street, fancy goods manufacturer. On October 20 I saw prisoner at 10, Goring Street, who gave me an order for Dorothy bags, etc., to the value of £36 8s., of which I delivered £26 7s. worth on October 21 and November 2, which have never been mid for. On November 5, 1906, I attended at the auction rooms in Milton Street, saw three cases and the articles taken from them, and identified £24 5s. worth of the goods I had supplied.
Cross-examined. My terms for payment were 30 days less 2 1/2 percent.
ERNEST HYAMS , of Hyams and Co., 69, Hatton Garden, leather merchants. Prisoner first ordered leather goods from me in October, 1905, to the amount of £80. I delivered £26 worth, and have never seen paid. I did not execute the rest of the order.
GEORGE SMITH ABBOTTS , 5, Bridgewater Street, E.C., agent for Reith sad Copp. Prisoner is indebted to Reith and Copp £374 for goods supplied in 1904 and 1905. We had been doing business with him for several years. I went to the auction rooms Milton Street, saw three and identified purses supplied and not paid for.
Cross-examined. We had dealt with prisoner for several years. He used to buy job lots and pay cash until about 1903. He has done considerable business with us. After that date bills were drawn. I knew he had taken Harris as a partner, and that Harris subsequently went out to the firm. Harris afterwards came to me, and I supplied him with goods. I did not know that he had undertaken not to trade in prisoner's line or with his customers. The three bills mentioned were the first which were dishonoured. I know prisoner afterwards ordered goods to the extent of about £500; we accepted the order, but did not deliver the goods. We expected him to pay us what he owed when he placed that order. I should say that was for the Christmas trade, but there is a considerable trade all the year round. The goods were ordered in Offenbach.
creditor in prisoners bankruptcy for £524 18s. 7d. On November 3. bill for £100 drawn by Tietzel on Palast and Co. fell due and was dishonoured, returned marked "Account closed." On November 7 I saw prisoner and told him the bill had been dishonoured. He said he could not do anything, he had no money, could not pay anybody, I told him I was afraid we must make him a bankrupt. He said It was brought about by his late partner and others who had influenced his credit, and that if he were made bankrupt we should not get a penny piece, but that if he were able to still get goods he could carry on the Christmas trade and pay. He said nothing about any goods being sent to Leeds. I made inquiries, and in consequence went to the Midland Railway office in Camomile Street on November 7, 1905. I also went to prisoner's business premises, when I found there were very few goods there, and a lot of papers were being destroyed. I had been there before November 7 when the premises were well stocked. On November 6 I went to the Milton Street auction rooms and saw one of the cases supplied by Tietzel, No. T.D. 709, and identified handbags value £14 13s. 9d. Tietzel has never been paid.
Cross-examined. I have been agent for Tietzel since September I, 1905. I do not think prisoner's account has been very large before 1906. that date.
EDWIN AMOS WHARTON , 4, Moorland Road, Notting Hill, Inspector in Official Receiver's Department in Bankruptcy. In consequence of instructions received I went to prisoner's premises in Goring Street and found the Official Receivers man in possession. The only stock I found was a quantity of empty cardboard oases practically worthless, some deal benches and shelves, one roll-top desk, one arm chair, and two other chairs, the whole worth about £2. I afterwards went to 64, Wiesbaden Road, prisoner's private house, where also the Official Receiver's man was in possession.
GEORGE REUBEN GROVES , 35, Camomile Street, agent for Midland Railway Company. On November 3, 1905, I received instructions to take a case from Palast and Co., No. 1, Goring Street, and forwarded it to Somerton Station, Leeds, to prisoner's order, which was done. I saw prisoner on November 8 and told him we had received instructions from an firm to stop delivery of the case. He said. "They have no right to the goods, and I shall take action." I reported the matter to our head office.
FRED DUDLEY , clerk to Midland Railway. Three cases of goods were received by us from Palast and Co. and transmitted to Leeds. On December 7 I received a letter from Mr. Hart enclosing an authorit from Palast and Co., of 1, Goring Street, "Please deliver to the order of J. M. Schama of 19. Scarman Street, Goodmnn's Fields. London, E., three cases Nos. JD 709, 3D 484, and TP 3,408. handed to you. I having this day sold the same to him absolutely." There were several conflicting claims on the goods, and I did not act on that authority.
Cross-examined. The goods were seized by the Sheriff of Yorkshire under an execution; they were claimed by the Official Receiver and by Schama.
THOMAS BENJAMIN HARDWICK , carman to the Midland Railway. In November, 1905, I went to 1, Goring Street, where prisoner handed me two cases for Leeds and said he wanted them in Leeds next morning. I took them to Camomile Street.
Mr. Lynch submitted that this was not evidence, as the identity of Margulies with the Margulies to whom the charge was given was not established.
ABRAHAM ISAACS , 3 and 4, Pedley Street, general draper. Solomon Margulies was introduced to me by prisoner's son as a customer, and in June, 1904, he ordered a pair of boots. I have since seen him in company with the prisoner. Margulies was then living at 5, ColChester Street. He has also resided at 27, Christopher Street, with Fulman. In June, 1904, he ordered a pair of boots from me for 17s., to be paid for at the rate of Is a week. On July 5, 1904, he ordered a suit of clothes for £3 to be paid for at 2s. a week. The two accounts were settled on March 18, 1905. No payment was made between January 21 and March 18. He wanted another suit of clothes in March, but the negotiations fell through.
Cross-examined. It is not unusual for customers who are well off to pay by instalments. It simply means they want to keep their money.
EBENEZER HENRY HAWKINS , accountant, 3, Barbican I am trustee in bankruptcy of the prisoner. In respect of assets, £63 19s. 5d., in the prisoners statement of affairs, I have been able to realise nothing whatever beyond 15s. Id. received from bankers. I produce office copy of bill of sale executed by prisoner on October 21, 1905, of furniture and effects at Wiesbaden Road, and a desk and chairs at I, Goring Street, to secure advance of £125 in favour of Solomon Margulies, 27, Christopher Street, Finsbury, to be repaid in monthly instalments of £1 10s. at which rate it would take about seven years to pay it off. The sum of £125 alleged to be lent by Margulies does not appear in any of prisoner's banking accounts. Prisoner's cash account from January I, 1905, to December 18, 1905, shows receipts £2,012 and payments of £1,704 19s. 4d., leaving a balance of £307 0s. 8d. unaccounted for. I have not been able to trace where that balance went to Another account, which appears to be made up from the bank books, shows receipts £4.512 14s. 6d., payments £4,270 10s. 4d., leaving a balance of £242 4s. 2d. unaccounted for. In the
latter account on September 19,1906, there is an entry "Schama, commisaion, £4115s. "Prisoner also filed a goods account from January I, 1905, to December 18, 1905, showing stock in hand on January I, 1905, and bought during the year £2,471 15s. 7d. The sales shown amount to £1,807 7s. 9d. The difference is accounted for as £263 missing stock, and sales not entered in journal £400 7s. 10d. I hare not been able to trace the missing stock or get any information with regard to the sales not entered in journal. Between August 1 and November 3, 1905. prisoner bought goods to the value of £595 13s. 4d. of certain persons named, none of which has been paid for. At trustee I took proceedings to set aside the bill of sale to Margulies, and the order setting it aside is upon the file.
Large portions of the prisoner's examination in bankruptcy were then read.
Detective-Sergeant THOMAS TAPLIN, New Scotland Yard. I arrested defendant on November 1, 1906, at 9.30 a.m. After my reading the warrant, he said, "I cannot understand what I have done. I have paid everybody as long as I could. When I could pay no longer they made me bankrupt. If they had allowed me to go on with my business till Christmas I could have paid everybody. The business in Aldgate is my wife's. I only manage it."
Mr. Lynch submitted that there was no evidence to go to the jury that the bill of gale was a sham, or of intent to defraud with regard to the three cases of goods.
Judge Rentoul said it was impossible to withdraw the case from the jury.
(Saturday, December 15, 1906.)
TOBIAS PALAST (prisoner, on oath). I have been in business about 14 years. I was in partnership with Harris till July, 1904, when I found he was not straight with the accounts and I dissolved the partnership. I then found that some of the travellers had been selling the goods of the firm; I prosecuted one; Harris came forward and stated that he had given the goods in question to the traveller, and the latter was acquitted. My chief manufacturers were Keith and Copp: I had dealt with them for many years; in 1905 I paid them £863. In July I ordered from them £500 of goods; that was for the Christmas trade—the principal trade. My last payment to them was by a bill at the end of September. They did not send the goods and I found myself short of goods as well as of money. I borrowed £125 from Margulies on a bill of sale; I received the £125 in cash in the office of me. Ward, who was solicitor for Margulies. Cut of the money I paid two bills of £18 each and two £50 bills. In February I paid Tietzel £51—an outstanding account. As to the throe cases of goods, they were sent away by me in the ordinary course of business. I went to Leeds, where I had many connections
and stayed at my usual place—the "Albion Hotel"; they have stock rcoms othere. A bankruptcy petition was presented against me, which was dismissed with coats on December 1. The goods were there. in Leeds; I consulted a solicitor, and was advised that the goods were mine, and I sold them to Schama; I sold them at a loss at a job line, because the market was then over. Schama paid me £40; out of that I paid rent, rates, and taxes, and gave my wile £12. Out of the £105 I drew on September 2 I took up bills for £100. With the exception of one cheque to Abrahams I never dishonoured a cheque in my life.
Cross-examined. I ceased trading early in November. If I bad been allowed to go on I could have met all my bills. I bad ordered £1.800 of goods which were not delivered, and my credit was damaged. By November 3 I had incurred liabilities to the extent of £1,700; I had no money at the bank, and no stock except the three cases; I should have been able to carry on and pay everybody if they had not stopped the business. I swear that except the Abraham cheque I never dishonoured a bill in my life. The cheque you now hand me it a partnership cheque. I used to leave cheques with Harris when I went to Germany. This, which was dishonoured in May, 1905, fears my signature, but it was drawn by Harris. It is in the name of Cohen; it is a private matter of Harris's. (Witness gave the same explanation with regard to other dishonoured cheques put to him.) As to the bill of sale, I admit that years ago Margulies was not a rich man, but at this time he was good for £200; he was agent for one of the largest firms in the wine trade. Before my family came to England I lived with him in Christopher Street. I saw him yesterday. He may have been in Court. In 1905 he was in a high, tip-top position; he had piles of money. He occupied one furnished room in Christopher Street at 10s. a week rent, but he spent over £2 a week in meals alone. I do not know whether he has a banking account. The £125 was paid to me in gold. He did not volunteer the loan. I asked him to do me the favour, and he did. The terms of lepayment were easy. At 30s. a month it would take seven years to clear it off. I know that proceedings were instituted by my trustee, and that an order was made, with Margulies' consent, setting aside the bill of sale. I cannot give any reason for that. (Mr. Lynch pointed out that witness himself would not have any locus standi in the proceedings referred to. I know also that the Schama claim was set aside by consent. I usually made 20 per cent, on the goods I sold. My goods account shows that in the year 1905. after including "missing stock" £263 and "sales not entered in the journal" £400, the two sides of the account exactly balance. I never sold goods under cost price. In the Schama case the market was over, the goods were on my hands, and I had to sell them as a job line. In the case of Hyams's goods, I could not get the frames for them, and they were no use to me, so I sold them to a purse maker. I cannot tell you his name or where he lives. The cash account shows £200 unaccounted for I cannot explain it, but I know I paid all the bills shown there.
With regard to the entry of a payment of £41 to Schauta, a man named G. M. Singer came to me and asked me to lend him a cheque for two or three days and to leave the cheque blank for the name. That was not an unusual transaction. Perhaps Singer gave the cheque to Schama.
At this point one of the jurors was taken ill, and the trial was adjourned to next Sessions.
(Wednesday, January 16, 1907.)
Cross-examination resumed. With regard to the entries appearing in the cash book under assumed names, if a man came and asked the favourof £40 and paid it back in two days there was no necessity to put his real name. To any cheque for goods I should put the real name, but for a mere favour for a day or two I should not be particular about the name. As to the £41 cheque appearing in the name of Schama, which I say was given to Singer. I did not give that explanation in my examination in bankruptcy; I did not then remember. I never gave Schama a cheque for £41 in my life.
Verdict, Guilty. Sentence, Four months' imprisonment in the second division.
OLD COURT; Wednesday, January 9.
(Before the Recorder.)
WARREN, Christopher Ernest (32. labourer) ; pleaded guilty to breaking and entering the counting-house of William Walter Howard and others and stealing therein 11 cigars, their goods, and feloniously receiving same. Sentence, Fifteen months' hard labour.
Mr. Hardy prosecuted.
GEORGE PENNY , manager to W. G. Neave, bootmaker, 66 and 68 Barking Road, Canning Town. On December 18, 1906, at about 9.40 p.m. standing inside the shop door I saw prisoner come up to the window of No. 68, stoop down, and walk away. I was suspicious, and followed him. A constable stopped him, took two pairs of slippers from him (produced), handed them to me, and I identified them as my property. I had just been showing them to a lady and had leplaced them on the outside of the shop.
Cross-examined. I did not see which direction you came from. The slippers were outside, just under the window. I did not see you take them. I bad several pairs there; but I missed the two pairs that I had just put out. They have the manufacturers mark, no private mark of our own. Those two pairs were together. They are worth 1s. a pair. You walked away with the slippers underneath your coat. Two boys were busy outside the shop getting ready to shut up.
Police-Constable THOMAS CORNICE, 688 K. On December 19, at 9.40 p.m., I saw prisoner in the Barking Road, and directly after saw the last witness. From what he told me I went after the prisoner, overtook him, and said, "What have you underneath your coat I" I took the two pairs of slippers (produced) from underneath his coat and said, "Where did you get these?" He said, "I bought them." The prosecutor then came up and identified the slippers. The prisoner said, "No one saw me take them. You can only charge me with unlawful possession. I bought them from a man in the 'Ordnance Arms.'" He made a similar statement when charged.
Cross-examined. You had the slippers underneath your coat under the left arm.
GEORGE COMPTON (prisoner, not on oath). I went into the 'Ordnance Arms" public-house just about 100 yards from this man's shop at about 10 minutes to eight, and a man who goes round selling cardigan jackets and cloth boots said, "I have not broke way to-day. Give me eighteenpence lor these two pairs of slippers." Nobody bought anything from him, and at the finish I said, "I will give you bob for the two pairs," though I did not want them. He said, "Give me your shilling and a glass of ale," and I gave him that for the two pairs. I stayed there till about 20 to 10, and went home past this man's shop. There were two boys there, and likewise the man himself. I just looked at the place, and went along about my business when the constable came up to me and said, "What have you got there?" I said, "I have got two pairs of slippers. I bought them in the 'Ordnance Arms' for one shilling." The constable, instead of keeping the slippers, deliberately gave them to the prosecutor when he came up. He took them into his shop, and did not follow us to the station. I do not think this is fair to me because they might be different slippers. It is a regular practice for men to go round to public-houses selling this kind of articles.
Verdict, Guilty. Prisoner confessed to having been convicted of felony at this Court on March 6, 1905, when he received nine months' hard labour for stealing two parcels of linen from a working man. Four other convictions were proved. He was stated to have done no work for nine years, and to have lived by stealing. Sentence, 18 months' hard labour.
OLD COURT; Saturday, January 12.
(Before Mr. Justice Lawrance.)
Mr. Austin Metcalfe prosecuted.
HANNAH CHERRILL . I have been married to prisoner 21 years; I lived with him at 6, Hubbard Street, West Ham. On December 31 he and I went out, and had a lot of drink together. We got home between six and seven, bringing some more drink with us. We both dropped off to sleep on the sofa. I had not seen any razor in the place; prisoner used not to shave himself. After a time I was woke up and found him over me using a razor. I struggled and called out for the landlady, Mrs. Low. Prisoner went off to sleep again. A doctor was fetched and bound up my wounds; then the police came. I know no reason why prisoner should have attacked me. We had had no quarrel. I do not know that we were drunk, but we had had a lot of drink and we both fell asleep on the sofa.
ALICE LOW . Prisoner and his wife rent two rooms of me at 6, Hubbard Street. I remember them coming home on December 31; they were both drunk; I heard them singing. About 11.30 I was roused by Mrs. Cherriil calling me. She said, "For God's sake, come down." I went to their room. She was on a chair by the door; he was on the sofa. She pulled down her bodice and said, "Look what he has done." She had a wound on her neck and was bleeding freely. On the table I saw an open razor. I think they had had a few words that evening after they came in, but they started singing again; they used to quarrel at times when he was in drink. They both drank very freely.
ERIC GROCONO , assistant divisional surgeon. Just before midnight I was called to 6, Hubbard Street, where I saw prosecutrix. I fonnd she had a cut across the lower part of the throat, just on to the chest; the wound was pretty deep, and she had lost a deal of blood. With a little divergence either way, the wound might have been very dangerous. I was shown the razor (produced); it had blood stains on it; such an instrument might have caused the injuries. I saw prisoner lying on the sofa. He did not speak. I thought he was in drink. The woman was undoubtedly drunk.
Police Constable DANIEL COCHRANE, 778 K. On December 31, at 11.40 p.m. I was called to 6, Hubbard Street. I saw prosecutrix sitting on a chair bleeding from the throat; prisoner was on a couch asleep. A razor was living on the table open. I woke prisoner up and questioned him. He said, "Have I cut her much? Don't die. If you do I shall go and drown myself." He was very much in drink; she had been drinking too.
Police-Constable JAMES PAWLEY, 305 K. I took this prisoner to the station; he there said, "I cut her throat with a razor; I shall have
to put up with it; I do not know why I bought it; I bought it at Canning Town; is she dead I want to see her." I would not let him leave the station; then he said, "I hope I cut her b——head off; I done it, not you; if she is dead I shall have to be strung up for it, not you; let me go." He was under the influence of drink.
Inspector JOSEPH SHORT K Division. I charged prisoner at the station with feloniously wounding his wife by cutting her throat. He said. "Never!" rather sarcastically. I found a razor case upon him, a new one; the razor appears to be a new one.
PRISONER (not on oath) said that he had been on the drink for several days when this happened. One night he and his wife came home, both drunk; they quarrelled, and she attacked him with a carving knife; then she lay in her clothes all night dead drunk. The drinking went on right up to New Year's Eve. On this night, after being out drinking for hours, they came home and started drinking another bottle of rum. He was nearly in the d.t.'s. He could not tell why he had bought the razor. What actually happened, Heaven only knows.
Verdict. Guilty of unlawfully wounding. Sentence, 12 months' hard labour.
NEW COURT; Monday, January 14.
(Before the Common Serjeant.)
Mr. W. W. Grantham and Mr. C. J. Salfield Green prosecuted.
HENRY HOBDEN , salesman, Stafford Road, Walthamstow. I have known prisoner eight years. I bought a piano from him in October or November, 1899. The price was £32, but, with discount off, I got it for £27. There was a fifteen years' warranty. Prisoner came to repair the piano on October 29, 1906. I spoke to him about the knocking of the notes, and he said the action rail was wrong, and the piano must be taken away to have a new rail put in, and I sllowed him to remove it on October 30. Prisoner had no authority to pawn that piano. I saw it again on December 9 in the possession of Mrs. Daybell at Streatham. The number of the piano was 10,283.
To Prisoner. The warranty given by you was for fifteen years, tinder certain conditions.
PRISONER. It clearly stated on the receipt, where the warranty is, that I was to either repair or replace the piano should anything be wrong with it. It will be necessary for the receipt to be produced.
Mr. Grantham. The documents are on their way here, I am told.
The Common Serjeant. The prisoner can defer his Cross-examination until they arrive. We must have them. A man cannot be convicted without the documents on which the case depends.
PATRICK LAWLER , carman, 9, New Road, Canning Town. I do not know prisoner, but I met him on November 23, when he showed me a pawn ticket, and asked me if I wanted to buy a piano. He said it was in for £7 10s. and he wanted £4 for the ticket. I purchased the ticket the next morning, and gave it to Mrs. Daybell, and we redeemed the piano on the 26th. It was taken to her house.
EMILY DAYBELL , High Road, Leyton, widow. Patrick Lawler bought a piano for me last November. I gave £4 for the ticket and it was redeemed for £7 10s. and I got the piano on the 26th. About a fortnight later I saw Mr. Hobden, who identified the piano as hit property.
GEORGE LUGG , The Grove, Stratford, manager to Messrs. Thomson, pawnbrokers. I have known prisoner three or four years. He pawned a piano, No. 2,782, with us on October 12. I do not produce the duplicate ticket. That was the piano which Mrs. Griffiths subsequently identified. The piano bore his own name, Gould. On October 24 prisoner pawned another piano with his name on it, No. 13,487, for £8. On October 30 prisoner brought another piano, No. 10,283, which was subsequently redeemed and taken to Mrs. Daybell. We paid £7 10s. on that. The other pianos, which were subsequently identified by Mr. Binnington and Mrs. Griffiths, are still in our possession.
Detective-sergeant CHARLES TOBUTT, I Division. I arrested prisoner on December 8, at 9.45 p.m. I told him I was a police officer and held a warrant for his arrest, which I read to him. He said, "I stole it? In what way?" I referred to Mr. Binnington's piano. I said, "You had the piano to repair and pawned it." He said, "Yes, I admit that." He was afterwards formally charged and made no reply. On December 10 he was charged with stealing a piano on October 30, the property of Mr. Hobden, of Walthamstow. He made no reply. On December 17 he was further charged with stealing a piano, the property of Emily Griffiths on October 12. He made no reply.
LEONARD PITCHER , 140, Graham Road. Dalston, clerk to Messrs. Bernard Brock, piano manufacturers. My firm supplied piano No. 13,487 to prisoner in March, 1901. We have had no communication from prisoner during October. November, or December of last year. We have not had that piano back to repair, or heard anything of it.
EDWARD BINNINGTON 39, Cranbourne Road, Leyton, engineer. I be light piano No. 13.487 in January or February, 1902, for £25. On October 24, 1906, prisoner called on his own account and asked if the piano was all right, or whether it wanted tuning. I told him there was a split bridge. He looked at it and said it would have to go away to the firm to be reraired. I mentioned the firm of Bernard Brock and he admitted it was right. He said he was going to take it to them. He took the piano away the same day and said
it would be away a fortnight. I wrote several letters to prisoner after that time, and went to the address he gave me, a private house, 62, Trehurst Street, Homerton, but could not see him. I saw his wife. From information received I went to Messrs. Thomson's, the pawnbrokers, and found my piano. That was December 5.
To Prisoner. I told you that I had had a tuner in, who told me that the piano was made by Bernard Brock. I dealt directly with you. When you said you were going to take the piano away you laid you were going to take it to Brock's to be repaired. I am sure you mentioned Brock, otherwise I should not have let the piano go out of the house.
EMILY GRIFFITHS , Deanery Road, Stratford. My husband is a traveller. I got a piano, No. 2,782, from prisoner four or five years ago. He came to me about October 12 last year and saw the piano and said it wanted new pegs in. I gave him permission to take it sway and repair it; I did that at his suggestion; he told me I should have it back in a fortnight or three weeks. The piano had his name on it He had taken the piano away once before for repairs. I gave him no authority to pawn it. I next saw it at Messrs. Thomson's in December. Prisoner said when he took the piano away to repair that if it turned out badly he would give me a new one for it. I got no letter from him to that effect, nor any information from him.
To Prisoner. I had a receipt, stating the terms upon which I had the piano.
By the Court. I bought the piano in May, 1902, on the hirepurchase system, and finished paying for it in 1906. On completion of payment prisoner gave me the receipt produced, which states: "If it appears within ten years from the date hereof that there is any defect of material or workmanship, other than fair wear or neglect on piano No. 2,782 which would be detrimental to the durability of the same, we hereby agree to repair or exchange it at our own cost by your paying the carriage to and from our establishment. The above agreement does not relate to tuning the instrument." That is dated January 10, 1906. The original hire-purchase agreement was kept at the court at West Ham.
Detective-sergeant WILLIAMS SMITH, J Division. I went with Detective-sergeant Tobutt on December 8, and prisoner handed to me two contract notes for two pianos, saying he wished to give me no trouble.
Prisoner's statement before Magistrates: "I do not call witnesses. I reserve my defence."
The Common Serjeant. Prisoner has not had an opportunity of putting in a defence, as the documents upon which the case turns are not here.
Mr. Grantham. It is not for the prosecution to press the case if your Lordship thinks it is not sufficient to go to the jury on the evidence I have already called.
The Common Serjeant (addressing the jury). We cannot convict the prisoner unless we have the real evidence in the case, which we are not entitled to guess at. The terms upon which these people were dealing together are in writing, and we have not before us the material documents in the case. Under the circumstances, it will be your duty to say prisoner is not guilty.
Verdict, Not guilty.
(Tuesday, January 15.)
EDWARD BINNINGTON , 39, Cranbourne Road, Leyton, engineer. I bought piano No. 13,487 in January, 1902, for £25, and I produce the receipt. I paid £14 down and the rest in four instalments. This is the final receipt. Prisoner called on October 24, 1906, and asked if the piano wanted tuning. I told him it did, and that it had a split bridge. Prisoner said, "It will have to go away; I could not possibly do it in the house." During the conversation it was brought out that it would have to go back to the firm of Bernard Brock to be repaired. Gould's name was on the piano. Prisoner took piano away and this receipt was given to me: "October 24, 1906. 455, High Road, Leyton. Received from Mr. Binnington piano of the number below for repair to split bridge. No charge to be made for the same. Carriage free. Gould, 62, Trehurst Street, Homerton." In print the number is 13,487. Prisoner said if I let it go at that time it would be away a fortnight, but if I delayed it the firm would be so busy that probably it would be away a month or two months. That was the firm of Brock's. I made several applications to prisoner with regard to the piano, but got no reply. I called several times at Trehurst Street, and saw his wife. At that time the Leyton shop at 455. High Road had gone. I saw my piano in pawn at Thomson's at The Grove, Stratford, on December 5. There I saw Mr. Lugg. I gave prisoner no authority to pawn the piano for me.
To Prisoner. When I told you that I knew the piano was made by Bernard Brock you admitted that it was, and said, "That is the firm it is going back to." Otherwise you would not have had it You explained it to me in this way that it would want a terrific heat to do the repair, and would have to go to the factory. I asked you plainly whether it was going back to the makers, and you said it was. You said it would not cost you anything with the exception of carriage. You said you would have to pay that, but after some conversation you said it would not cost you anything for carriage. I should not expect you to exchange the piano if it could not be repaired. Your agreement was for repairs; there was no conversation about an exchange at all. I think I should have something to say in that. I should expert you to net in accordance with the terms
of the warranty provided the piano wanted exchanging, but it did not. I am not so good a judge of that as a piano maker.
EMILY GRIFFITHS , Deanery Road, Stratford. I got piano No. 2,782 from prisoner in May, 1902. The agreement is: "8th May, 1902, between William Richard Gould and Melville Griffiths. The hirer to pay for the execution of this agreement £1, for which sum credit will only be given in the event of a purchase; 13s. on the 17th day of each succeeding month so long as the hirer sees fit to continue the hiring. If the hirer do not duly perform this agreement the owner may terminate the hire and retake possession. The hirer may terminate the hiring by delivering up to the owner, but if the hirer shall pay the full sum of £30 by instalments as aforesaid, then the instrument becomes the absolute property of the hirer." I paid all the money due, and the piano is my property. The final receipt is, "Received the sum of £31 10s." The warranty is the same as the other, except that it is ten years from date instead of fifteen. The date is January 10, 1906. On October 12, at the suggestion of prisoner, I gave him permission to take it away for repairs. He said he would take it away and repair it, or exchange it for a new one. He gave me this receipt: "Received piano for repair, 13/10/06." I think that should be the 12th. I gave prisoner no authority to pawn it. I next saw it at Messrs. Thomsons, the pawnbrokers.
WILLIAM RICHARD GOULD (prisoner, on oath). On the warranties given on those complete receipts it clearly states that I have either to repair or replace, and the witnesses have agreed previously that they expect me to act in accordance with the terms of the warranty. Under the terms of the warranty it is in my option whether I repair a piano or replace it with a new one. It was my intention to replace them with new ones in both cases. The pianos, in my opinion, would not be worth my while to repair. I had previously had Mrs. Griffiths's piano to repair, and it had been a source of trouble. What had to be done on October 12 was a very serious matter from the Standpoint of the construction of a piano. Under the circumstances I thought it advisable that I should supply a new one. when I had had an opportunity of thoroughly examining it. October, November, and December being an extremely busy time for that sort of thing to he negotiated for, it was no easy matter to get new pianos in at wholesale prices to be supplied so promptly as the customers would reQuire. I have been willing all along to supply new ones in the place of these secondhand pianos, but I have not had sufficient time to execute the orders.
Cross-examined. I have been in the piano trade 20 years. October, November, and December is not a slack time, but an extremely busy one. I examined Mrs. Griffithss piano at my own place for about an hour. To some extent I saw what was wrong at her house. It had a soft plank, and would not stay in tune. That is a very serious matter. I told her it would take from two to three weeks. She may be right in saying that I said I would let her know in about a week as to how things were going. I had no intention of taking the piano to the pawnbroker's when I saw Mrs. Griffiths. But I considered it my property to do what I liked with if it were not worth repairing, and if it were cheaper for me to get a new one in the place of it. I found it was not worth repairing. I did not Write to Mrs. Griffiths because I thought I could get the order through quickly for a new piano. I have given an order for three pianos. I gave it about three weeks afterwards. I have not the papers or anything in my possession. To day is the first time that I have mentioned that. I gave the order to a friend of mine in the trade, who does not wish to be mixed up in this business. His name is Barton. He lives in German. Perhaps the pianos were coming from Germany. They would not be any the worse for that. He came round to solicit an order from me. I had bought 150 or 200 pianos from him previously. He has not any London address now. When he comet to London his address is at one of the commercial hotels. He usually put up at a commercial hotel in South Place, Finsbury I do not know the name of it. I do not remember agreeing to write to Mrs. Griffiths. I pawned her piano because it was not worth mending and I wanted some money towards the new ones. Mr. Binnington's evidence was not correct if he said that I told him I could easily repair his piano myself. I examined his piano in his presence. It had a split top bridge, which was a very serious matter. It would lake some little time for the glueings to get dry. It would take a fortnight or three weeks. I could do anything in the ordinary way with a piano. There was nothing wrong with it besides the split bridge. I told Mr. Binnington it was a serious matter; he understood so or he would not have let it come away. I pawned his piano the same day. I did not tell Mr. Binnington that I should pawn it in order to get the money to buy a new one. I have received no letters myself from him. I believe Mr. Binnington admitted before the Magistrates that he had letters sent to me returned to him. I was living at Trehurst Street. I left home early. My wife might open a registered letter which came to me. She is not here. My wife mentioned that Mr. Binnington had called upon me a few times. I did not know why he was calling. He said something to my wife, but we were at loggerheads at the time, and I did not get the information I should have done. I did not ask for it. I had no pianos in stock either on October 12 or 24. I could replace Mr. Binnington's and Mrs. Griffiths's pianos in two days now the duty time is over and am willing to do it. They did not give me any
opportunity. I was arrested on December 8. I know Mr. Pitcher. It is quite right that I had dealt with his firm as far back as 1901 and that they had had no communication with me with regard 10 piano No. 13,487. I left Trehurst Street about December 6 or 7 and went to 98, Eleanor Road, Hackney. I did not give them my address at Trehurst Street and say, "This will be my new address if I am wanted." We were unsettled at the time. We went to friends of ours for one week, as I intended living at the other side of the water. The police found me at 98, Eleanor Road.
By the Court. I had a casual carman, one that I dropped across, to take away Mr. Binnington's piano. I did not make a note of the name. I took the piano away in the afternoon. It did not go straight to Messrs. Thomson's, the pawnbrokers, but to 62, Trehurst Street, where I had half the house. It arrived at Thomson's about four o'clock, or something like that. I have nothing further to say except that I am quite willing to replace the pianos and have not had sufficient time to do 10.
CHARLES TOBUTT , recalled. At one time prisoner held a very respectable position and had shops at Chingford, Walthamstow, and Leyton. For some reason, which I am unable to ascertain, he has gradually come down in the world. From September 27 to October 30 last, in trafficking with these pianos he obtained close upon £40, and nobody seems to know where the money has gone to. He is a man who does not drink or bet. Home he has none and his wife and family are practically starving. No money was found on him when arrested.
Sentence. Four months' hard labour on each indictment, to run concurrently.
On the application by Mr. Grantham for an order for restitution of I ks pianos by Missrs. Thomson, the representative of the latter argued that his clients had very good ground for contending in a court of civil Jurisdiction that they had a title to the pianos under the Factories Act. He did not ask his lordship to say that his clients had a title, but he understood it was the practice of this court, from which there was no appeal, not to intervene where there was anything like a reasonable argument to address to a civil court Section 8 of the Factories Act meant; he contended, that if a seller of goods either continued in possession or afterwards came into possession of the goods and then sold them a second time, or pawned them, the title of the second purchaser or pawnee was to prevail over that of the first purchaser. If a title could be established under the Factories Act the mere fact of a conviction did not revest the property in the original owner or the prosecutor. That had been the subject of a decision under Section 0, which was the converse of the correlative Section (8). [Cites Payne v. Wilson, 1805,2 Q. B.,
The Common Serjeant laid he did not think the Factories Act had anything to do with it. In Binnington's case he saw nothing to prevent the ordinary order being made for the restitution of the piano. In the other case there were circumstances which it was for the court to consider in the exercise of its discretion, and he made an order for the restitution of the piano on payment of the amount of £7 10s. which had been advanced upon it.
THIRD COURT; Wednesday, January 16.
(Before Judge Reatoul.)
Mr. Travers Humphreys and Mr. Evan P. Boyd prosecuted.
Detective JOSEPH PAYNE, K Division. On December 14, about 9.30 a.m., I was in Shirley Street, Canning Town. I saw prisoner coming along with a costermonger's barrow, loaded with rags. Noticing that the springs were well down on the axles I stopped him and asked him what he had got in the barrow; he said, "Rags"; on looking underneath two large sacks of rags I found under prisoner's overcoat two sacks, one containing gas fittings, the other copper wire; the two together weighed about a hundredweight. Among the gas fittings were the gas burner (produced), with a bit of the pipe still on it, and bearing the initials G.L. and C.C. In the other sack were large quantity of steamcocks, broken up, and cycle tube fittings and copper wire. I took prisoner to the station and charged him; he made no reply. I went to 27, Fords Park Road, an empty house, having heard that the place had been broken open some days before. I found that the gas fittings had been taken away, evidently broken off or sawn off by someone not a gasfitter.
To Prisoner. When I stopped you and asked what you had there, you said, "Only rags"; you did not say, "Old iron and rags."
JAMES ROURKE , collector for the Gas Light and Coke Company. On December 4 I went to 27, Ford's Park Road; the gas fittings there were then quite safe. I have since been there, and find a number of fittings missing. I identify the fittings found on prisoner's barrow as part of the missing fittings.
ARTHUR CURTIS , of Troupe, Curtis and Co., electrical engineers Victoria Dock Road, said that a lot of copper wire had been stolen from his premises between December 1 and 14; it was of an unusuall gauge. Shown part of the wire found on prisoner's barrow, he identified it as the property of his firm; it must have been stolen from his yard. The value of this quantity of wire was about £5.
PRISONER (not on oath) said he got his living in the street, buying rags and old iron, and so on. This copper wire he bought for old
iron. The gas fittings he had had for several weeks. He did not steal the things, nor did he buy them knowing them to be stolen. The wire he bought off another man with a barrow, giving him 6d. for it as old iron, intending to mix it with other iron and sell it; I should know the man I bought it from, but I do not know his address.
Verdict, Guilty. Prisoner confessed to a conviction at Stratford Police Court on May 18, 1905, in the name of John Brown; this was for stealing two slabs of zinc. Police proved a conviction at Woolwich Police Court on September 17, 1902, in the name of John Tiylor, for theft; another at the same court on October 15, 1904, for unlawful possession. Sentence, 12 months' hard labour.
His lordship highly commended Detective Payne for his cleverness and smartness in catching prisoner.
OLD COURT; Wednesday, January 9.
(Before the Recorder.)