Vol. CXLVI.] [Part 869.
CENTRAL CRIMINAL COURT
HELD FEBRUARY 25TH, 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, LONDON, E.C.
On the King's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Tuesday, February 25th, 1907, and following days.
Before the Right Hon. Sir WILLIAM PURDIE TRELOAR, Bart., LORD MAYOR of the City of London; the Hon. Sir EDWARD RIDLEY , Knight, one of the Justices of His Majesty's High Court; Sir WALTER VAUGHAN MORGAN , Bart., Sir DAVID EVANS , K. C. M. G., Sir HORATIO D. DAVIES, K. C. M. G., Sir JOHN POUND , Bart., Sir JOHN KNILL , Bart., Captain W C SIMMONS, Aldermen of the said City; Sir FORREST FULTON, Knight, K. C., Recorder of the said City; Sir FREDERICK ALBERT BOSANQUET , K. C., Common Serjeant of the said City; His Honour Judge RENTOUL, Commissioner, and His Honour Judge LUMLEY SMITH , K. C., Commissioner, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judge, of the Central Criminal Court.
THOMAS BOOR CROSBY, Esq., Alderman
HENRY RIDGE GREENHILL, Esq.
CENTRAL CRIMINAL COURT
TRELOAR, MAYOR. FIFTH SESSION.
LONDON AND MIDDLESEX CASES.
OLD COURT, Monday, February 25,
(Before the Recorder.)
BARNEVELD, Alexander William (48, accountant); pleaded guilty to embezzling the several sums of 13s. 10d., £2 7s. 11d., and £2 9s., received by him for and on account of Edward Behenna Tredwen and others, his masters; wilfully and with intent to defraud making certain false entries in and omitting material particulars from a certain book and papers belonging to his said masters. It appeared that prisoner had been engaged for 14 years in robbing his employers of small sums. Prosecutors admitted that if a proper audit of their books had been had by the accountants they employed, prisoners' defalcations would have been discovered long before they reached the figure of £3,843, the total obtained from the firm since 1893, when prisoner entered their employment. Prosecutors recommended prisoner to mercy. Sentence, 15 months' hard labour.
BARLOW, George (23, labourer); pleaded guilty to having been entrusted by George Claydon with 10s. for a certain purpose, he did fraudulently convert the same to his own use and benefit. Previous convictions proved. Sentence, 12 months' hard labour.
CRANHAM, Frederick James (31, postman), pleaded guilty to stealing a post letter containing two postal orders for £1 and 17s. 6d. respectively, the property of the Postmaster-General, he being employed under the Post Office. It was proved that prisoner had an excellent record in the army, having served in the Chitral campaign in India (two medals) and in the South African war, and was in receipt of a pension. The Recorder said that prisoner must be punished for this offence, but the Court was loth to impose a penalty which would involve the deprivation of his pension, earned in meritorious service to the State. Sentence, six month' imprisonment (second division).
Mr. Arthur Powell prosecuted.
SYDNEY HUGHES , assistant to Saqui and Lawrance, jewellers, 29-30, Liverpool Street. On January 24 about 8. 30 p.m. prisoner rushed into our shop in Liverpool Street and took a stand of metal watches from the counter and rushed out again. I went after him and brought him back. He was then given in charge. He had the stand in his hand; a few of the watches had dropped in the road. The value of the watches was about £2 10s.
P. C. EDGAR ORFORD , 943, City Police. I was called to the jewellers' shop on January 24 and received prisoner into custody. On the way to the station he said, "I did not get half a chance to get away." I did not find the watches on him. They had fallen into the roadway. He had the stand in his possession. He was about ten yards from the shop when arrested.
Prisoner (not on oath). On the night in question I was walking through Liverpool Street past the shop when a man rushed by me and threw the stand on the ground, and as I was stooping down to take it up the shop assistant seized me and charged me with stealing it. I knew nothing about going into the shop. I picked up the stand, but had no intention of stealing it.
Verdict, Guilty. Prisoner confessed to having been convicted at Old Street Police Court on October 27,1906, in the name of Herbert Martin, of stealing a clock from a jeweller's shop. Several other convictions were proved. Sentence, 12 months' hard labour.
SIMMONS, William (24, stoker); pleaded guilty to breaking and entering a place of Divine worship, St. James's Church, Hatcham, and stealing therein £1 15s. 6d., moneys of James Robert Johnston, and £2, one brush, and one candle, the moneys and goods of the Rev. George Arthur Souter, and feloniously receiving same; being found by night armed with a certain dangerous weapon, to wit, a loaded revolver, with intent to break and enter the said church. Prisoner confessed to having been convicted, at South London Sessions, on April 12, 1905, in the name of Bert Saunders, of felony; several other convictions were proved. Sentence, 18 months' hard labour.
HARRISON, William (24, bookbinder); pleaded guilty to breaking and entering the shop of Arthur Cornish and stealing therein 26 pipes and other articles; also to being found by night unlawfully saving in his possession, without lawful excuse, a jemmy, and other implements of housebreaking. He confessed to having been convicted at Clerkenwell Sessions, on October 10, 1905, of felony. Other convictions were proved. Sentence, 20 months' hard labour.
JAMES WATSON , 90, Montreal Street, Tilbury. On February 16 between eight and nine p.m. I was in Crispin Street, Spitalfields. I was not sober, but I was not drunk. Somebody came behind me and knocked me down, put his hand in one of my pockets and took a sovereign, and from the other pocket took 8s. 6d. I do not know who my assailant was. As I picked myself up I ran into the arms of two policemen.
P. C. ALFRED PUTT , 413 H. On duty in Crispin Street on this night between eight and nine, I heard a cry, "Help! I am being robbed!" I ran round the corner and saw the two prisoners and another man on the ground with the prosecutor. On my appearance the three men ran away. Prosecutor was under the influence of drink. On the following day I arrested Tomlinson at his house. On charging him he said, "If anything is done round that neighborhood you are sure to say it's me. On the way to the station he said, "I would not mind if I had been properly caught." I had known Tomlinson for two years. I am certain he was one of the three men.
To Tomlinson. I am certain you were running away, not walking.
Statements before the magistrate: Best, nothing; Tomlinson, "I asked prosecutor if I was the man who interfered when him, and he said 'No.' I stated that I could not run, at I had been in hospital and am bandaged up now. "'
(Tuesday, February 26.)
Dr. SCOTT, Medical Officer Brixton Prison (called at the request of Tomlinson). I saw Tomlinson on January 18 at Brixton Prison at about 5 p.m. He was then suffering from venereal disease with swollen glands on both groins. He was sent to the hospital, and has been under treatment since. He also suffers from a sore throat. If he had run some distance at 8 p.m. on January 16 it would have
caused him pain, but I could not say he was incapable of running. Of course, he ought not to have run. It would probably have aggra-vated his condition. The swellings would not be so large 48 hours before.
Verdict, both Guilty. Both prisoners pleaded guilty to having been convicted on January 8, 1906, of robbery with violence, when they both received 12 months' hard labour. Previous conviction against Best, two months for stealing a bicycle; several previous convictions for larceny, willful damage, etc., were proved against Tomlinson. Tomlinson was stated to have served seven years in the 17th Leicestershire Regiment with a good character.
Sentence, Tomlinson, 18 months' hard labour; Best, 15 months' hard labour.
NEW COURT; Monday, February 25.
(Before the Common Serjeant.)
SMITH, Ann (63, charwoman), and COOPER, Mary Ann (38, laundress) ; both feloniously making counterfeit coin; both feloniously possessing certain tools for making counterfeit coin; Cooper feloniously possessing a mould for making counterfeit coin; both uttering counterfeit coin well knowing the same to be counterfeit, and possessing counterfeit coin with intent to utter the same.
Mr. Partridge prosecuted.
Smith pleaded guilty to having possession of several counterfeit shillings knowing them to be counterfeit and intending to pass them; not guilty to feloniously making.
Detective-sergeant ALBERT YEO, New Scotland Yard. I have had both prisoners under casual observation for about four months, and have frequently seen Smith coming out of 8, Norris Street, Hoxton, with Cooper. I have seen Cooper enter the house and remain an hour or longer, about 20 times. On February 11, 1907, at about 2. 30 p.m. I saw Cooper enter No. 8, Norria Street. She stayed half an hour, came out with Smith, walked through Hyde Road and several other streets into Rotherfield Street. Smith remained on the left-hand side of the street. Cooper crossed the road, entered an oil and colour shop, No. 2, Rotherfield Street, kept by Le May, remained there a few minutes, came out and joined Smith, and they entered the "Rotherfield Arms" public-house. I went to No. 2, Rotherfield Street, and received from Le May counterfeit shilling of 1892 (produced), which I marked "A. E. Y." I then entered the "Rotherfield Arms."where I found the prisoners drinking together. I told them I was a police officer, and that I was going to take them both into custody for uttering a counterfeit shilling to Mr. Le May. I showed them the coin, and they made no reply. I said. "Have you any more about you?" They said, "No." I conveyed them to
Upper Street, Islington, Police Station, where they were charged with being concerned together in uttering, and handed over to the matron to be searched. The matron handed me six counterfeit shillings (produced) all dated 1892. I told prisoners they would be further charged with being concerned together in possessing those. Smith said in Cooper's presence when they were both in the dock, "If you had got us a few minutes before you would have found the coins on Cooper."Cooper made no remark on that. I asked their addresses. Smith gave No. 8, Norris Street, which I knew was her address. Cooper gave 60, St. John's Road, Hoxton. I then went to 8, Norris Street and searched the first floor back room accompanied by the landlady. I found between the bed and the mattress five finished shillings dated 1892 and nine unfinished shillings of the same date; on the sideboard three files with metal adhering to them, ladle, an earthenware cruciore, and a bottle containing cyanide of potassium; on the drawers a small quantity of tin and antimony, scissors, silver sand, and a bag of plaster of paris. I then went to 60, St. John's Road, and found Cooper did not live there, but learned that she was living at No. 68. In the first floor back room at No. 68 I found a plaster of paris mould and a bag of sand. In both eases I was admitted to the rooms, which were unlocked, by the lsndladies. I took these articles to Upper Street Police Station, sad told the prisoners they would be charged with being concerned together in possessing the 21 coins and in making counterfeit coins sad that Cooper would be further charged with feloniously possessing a mould for the manufacture of counterfeit coins. Cooper said the mould was given her by Smith to clean the hearth with. They made no answer when charged.
Cross-examined. Smith was away for some time in the infirmary with a bad leg, and was suffering afterwards from it, but was able to get about.
Re-examined. During the four months I have kept observation I have seen Smith about 20 times, sometimes with Cooper and sometimes without. She has been frequently in and out of the house.
FRANK WILLIAM LE MAY ,2, Rotherfield Street, Islington, oil and colour man. On February 11, 1907, Cooper purchased at my shop a half bar of Sunlight soap, 11/2d., for which she paid 1s. I gave her the change and handed the coin to the last witness. I am quite certain it was the shilling I received from her.
ALICE TURNER , female searcher at Upper Street Station. On February 11 I searched the prisoners. On Smith I found six counterfeit shillings inside her corset. I found no other money upon her. On Cooper 1 found no money at all.
Cross-examined by Smith. I saw you put a parcel inside your stays and asked you for it and you gave it me.
for three weeks and afterwards for two days. She has been in and out of the house frequently—six or seven times a week.
CAROLINA HARRIS , 68, St. John's Road, Hoxton. Cooper has lived with me for three weeks up to her arrest, occupying the first floor back room, which I showed to Sergeant Yeo. I have seen Smith three or four times when she has called to see Cooper. I had nothing to do with the cleaning of the room.
WILLIAM JOHN WEBSTER , Inspector of Counterfeit Coins to H. M. Mint. The 21 coins produced are counterfeit shillings all made from the same mould, dated 1892. The three files, ladle, crucible, cyanide of potassium and silver sand produced can be used for coining purposes. The tin and antimony are the components of counterfeit coins.
Both prisoners were found Not Guilty of making counterfeit coins. Smith having pleaded guilty to the felonious possession of six counterfeit coins, now confessed to having been convicted on March 25, 1901, of felonious possession of a mould for making florins.
Cooper was then tried for the misdemeanor of possessing counterfeit coins with intent and with having uttered a counterfeit shilling to F. W. Le May, on the evidence previously given, which was repeated. Verdict, Guilty. Convictions proved against Smith; September 16, 1878, six months' hard labour; June 25, 1883, six years' penal servitude; November 11, 1890, five years; December 10,1894, five years; March 25, 1901, five years, all for coinage offences.
Sentence, Cooper, five years' penal servitude; Smith, nine months' hard labour.
Mr. Partridge prosecuted.
CHARLES SPEARMAN , assistant to John Colman, 91, London Road, Brentford End. tobacconist. On Friday, January 11, 1907, at about 8. 15 p.m. prisoner bought 1d. worth of tobacco, 1/2 d. packet of A. G. cigarette-papers, and 1/2 d. worth of matches, and tendered a shilling coin, for which I gave him the articles and 10d. change. I put the shilling in the till, where there was no other shilling. A few minutes afterwards my master came to the till, took out the shilling, put a red hot poker to it, and it melted, and he threw the metal on the fire. On the next Friday evening, January 18, at about 815 Prisoner came again. My master served him with 1d. worth of tobacco and 1/2 d. A. G. cigarette-papers. Prisoner paid 1s., and received 101/2d. change and left. My master put the shilling in the till and went into his room. I said something to him, and he tried the coin with a chopper, broke the coin up, and put the fragments on the fire and they melted. On Friday, January 25, at about the same time prisoner again came to the shop, purchased similar articles, paid 1s., and received 10d. change, and left. We tried the shilling with a file and on a slate and found it to be bad. Colman went after the prisoner, but could
not find him. On Friday, February 1, prisoner came again at the same time in the evening for 1d. worth of tobacco, a book of A. G. cigarette-papers, and 1/2 d. worth of matches. As I was serving him I stamped my foot on the floor and my master came oat into the shop tad asked me if I had taken the money. I said, "No, sir."He asked the prisoner if there was anything else, and he served him with the matches and cigarette-papers, I having given him the tobacco. I went out to fetch a policeman and brought one back.
Cross-examined. I am sure prisoner is the man who came on all four occasions. He was dressed as he is now, but toe second occasion be had a black tie over his white wrapper.
JOHN COLMAN . 91 London Road, Isleworth, tobacconist I saw prisoner on three consecutive Friday nights, January 18 and 25 and February 1, 1907. On Friday, January 11 I took a coin out of the till, tried it with a red-hot poker, melted it, and destroyed it. It was shilling dated 1872, and it melted like lead. On January 18 I served him with tobacco and matches amounting to 2d., received 1s., gave 10d. change, and the prisoner left. I then found the coin was bad, chopped it up, threw it in the fire, and it melted like lead. On the following Friday, January 25, at the same time, 8.15 p.m., prisoner came again, bought similar articles, tendered 1s., received the change, and I found it was bad. The two previous coins being destroyed, I could not prosecute the man. The following Friday night at the same time prisoner came again. I had made arrangements with my assistant, and he went for a policeman. Prisoner produced a florin. I examined it and told him it was bad. Prisoner held out his hand for the coin. I told him he could not have it back as it was bad. Prisoner then produced a half-crown in payment, which I took and gave him the change, 2s. 4d. My boy then came back with a policeman and I gave prisoner into custody.
Cross-examined. I am certain prisoner is the man who came on the three occasions. I go by his voice and his features and am positively certain he is the man.
P. C. JAMES WILSON ,578 T. I was called in to Colman's shop on February 1, where the prisoner was standing. Colman said, "This man has just come into my shop and tendered a 2s. piece in payment for some goods which I believe to be bad." He then told me that prisoner had also been in the shop on three previous Fridays to make similar purchases, and on each occasion had tendered a bad shilling, two of which he had destroyed and the third he handed me with the florin, which I marked. Prisoner said, "He has made a mistake, I did not know it was bad"—meaning the florin that he had just tendered. I mean Colman said it was bad and prisoner said it was not bad. Prisoner said nothing with regard to the three previous Fridays. I took him to the station, searched him, and found on him 2 good 2s. piece, a good 6d., and 1s-01/2d. in bronze.
Verdict, Guilty. Prisoner confessed to having been convicted on June 20, 1906, in the name of Thomas Baker, receiving four months' hard labour for passing a bad florin. Sentence, 12 months' hard labour.
OLD COURT; Tuesday, February 26.
(Before Mr. Justice Ridley.)
Mr. Charles Mathews and Mr. Arthur Gill prosecuted.
[Refer to report of the trial of Pesquale Pizzin, at January (1) Session, page 262 of this volume.]
SAVARIO ROSSI , ice-cream vendor, 81, Kingsland Road. On November 12 last I was in a public-house in Back Hill, kept by a man named Biondi, at about nine or half-past. I was there with Pesquale. Notara, Gaetano, Granato, and Neapolitano. Rinaldi was also there While there some other Italians came in—I do not remember their names. Prisoner came in with the others. One was Pizzin. I only knew Gaetano by sight. Some remarks were passed by Gaetano and his friends, and I told them to remember they had children of their own. Prisoner was not present then. I left the public-house about half-past nine. No sooner had we come out than prisoner and his friends followed us. We went along Back Hill past the Italian Church. I was called by Pizzin, who said, "Take your knife out, I am going to kill you. "All the others had knives in their hands. I had a smack in the face, but cannot say who gave it to me. I had no knife and no weapon. I was defending myself with my fist and kicking. The prisoner was on my left, the other four on my right Prisoner tried to strike me on the heart. If it had not been for Notara coming to my help they would have killed me (coat produced). There is a cut on the left arm. The prisoner did it. They were carrying knives used to kill animals—butchers' knives. Someone stabbed me in the stomach before Notara arrived. Notara pulled out a pipe and held it as a revolver and threatened to fire. Prisoner and another would not go away until Notara three times threatened he would fire. Prisoner then threw away the knife and ran. I was taken to the hospital. I next saw prisoner in the Italian quarter and communicated with the police. At the trial of Pizzin I did not mention the cut in my throat. I did not then know if it was in the hospital that they put the stitches in my arm or the prisoner who stabbed me.
Rossi. Prisoner was not there when I went in; he came in afterwards with four others. I did not know those men before, only by sight. One was Pizzin. When prisoner came in there was no row or question whatever. I went away with Franki, Rinaldi, Rossi, and another. We went as far as the Italian Church. Prisoner and his friends were following us up. I had left Rossi, and when I went back to him I saw five of them with knives in their bands against Rossi. The prisoner was one of them. He was trying to get a stab at Rossi. When I got on the scene three of them, ran away, but prisoner and Pizzin remained. I then pulled my pipe out and threatened to fire. They then ran away, and threw their arms on the ground. I went away because I was afraid the policeman might take me for the man who did it.
ANTONIO NEAPOLITANO , parquet floorer, 6, College Street, Pentonville. I was at the "Riling Sun" on this night. I saw prisoner and Pizzin and two or three more. I went up Back Hill to the Italian Church, and then saw the crowd stop and one speak to the other. Pizzin spoke to Rossi, and Rossi said, "I won't speak with you," sad went to the middle of the road. I saw Pizzin strike Rossi on his face, then I saw a lot of fighting. All had knives in their bands and were running about. Rossi had a knife or something like a knife, I do not know exactly—a poker or a knife. I saw prisoner strike Rossi. I was about half a yard away. Then Notara cams up and they all ran away.
To prisoner. I was not there the first time they had a row.
FELICE NOTARA recalled. After the row was over Rossi picked a piece of iron from the ground. Rossi had nothing in his hand before that. I could not see exactly what it was that he picked up; it was too dark. It may have been one of the enemies weapons. I am certain it was not a knife. It was much bigger than an ice-pick.
AUGUSTINO RINALDI , 221, Green Street, Bethnal Green. I was in the "Rising Sun" on this night with Notara, Neapolitano, Franki, and Rossi. I saw prisoner there, and Pizzin. I was not aware of any quarrel. Five of us went out together. Neapolitano was with us. Prisoner and his friends followed us up. I left Rossi, and then came back and saw a group of persons, five or six. One little fellow called to Rossi and said "I want to speak to you." That was Pizzin. I walked a little way back, and then saw Pizzin give Rossi a smack in the face. I went between them and stopped them. Prisoner said, "Let go, otherwise I shall stab you." Then I saw them stabbing Rossi. I did not know what prisoner did. Rossi was kicking and using his fists. I did not see anything in his bands. Notara came up and they all ran away. I was frightened.
To prisoner. There was no question in the public-house.
Dr. OLIVER FRANCIS PAYNES ATKEY, Senior Resident Medical Officer, Royal Free Hospital. Rossi was brought to the hospital
on November 12. He had a wound in the abdomen about four inches below the lower border of the rlbs. It was likely to be caused by a sharp instrument. It was a dangerous wound. I made an incision in the abdomen and my assistant made another for the purpose of passing salt solution into the circulation to supply the loss of blood. The salt solution and the operation saved his life. The liver was wounded in three places. It was an upward wound (coat produced) It is impossible to say anything about the cuts; they have not gone through the lining.
Sergeant ERNEST BAXTER, E Division. On January 21 Rossi came to the police station and made a statement. I went with him to 46, Warner Street and arrested prisoner. He said, "Me know nothing about it."I took him to the station. I think all these Italians carry knives. They have feuds amongst each other, the origin of which can be traced some years back.
Prisoner's statement before the magistrate: "I was in the public-house with some friends. When I came out I saw Pesquale Pizzin speaking to Savario Rossi. All of a sudden I saw Gaetano go towards them. I turned to a friend and said, 'I wonder what's up?' He said, 'It is nothing to do with us,' and the three of them were getting excited. I went towards them and said, 'You had better stop it. 'I saw Pesquale smack Rossi in the face, and Gaetano stabbed Rout I shouted to stop. Notara came up with something in his hand, and told them to stop. As soon as we saw Notara with something in his hand we ran away."
Prisoner (not on oath) said that if he was really guilty he would have run away when he saw Rossi in the Italian quarter. He (prisoner) did not take any notice of him. The only reason, he believed, Rossi went to the police-station to have him arrested was that by so doing he would find Gaetano, as he was prisoner's companion. Prisoner fell out with Gaetano because he was robbed by him. "I am innocent."
Verdict, Guilty of unlawful wounding. Sentence, six months' hard labour; certified for expulsion under the Aliens Act.
Mr. Kershaw prosecuted. Mr. Fordham (at the request of the Court) defended.
RICHARD EVAN DAVID EVANS . I am a director of Richard Evans and Co., Limited, trimming manufacturers and importers, Watling Street, City. My father, Sir David Evans, is governing director. Prisoner entered our employment as a clerk in the entering department in 1873. Up to 1900 there was nothing to complain of in his conduct. In that year we had a vacancy for a town traveller and prisoner was appointed. After about three months his family represented that he was suffering from insomnia and melancholia, and, as travelling did not suit him, he was reinstated in the warehouse. In
1902 we gave him a six months' holiday. On his return his conduct was peculiar. He was found sleeping in baskets in odd corners of the house. He did not take his meals properly, and used to chew tobacco soaked in rum. In 1905 we had to get rid of him. He wrote most offensive letters to the heads of departments. On his dismissal we agreed to give him 30s. a week for 12 months, and after that 15s., on condition that he did not come near the place or molest anyone in our employ. The postcard produced, addressed to Sir David Evans, which forms the subject of this charge, is in prisoner's writing. (The card was: "Dear Sir David,—Your past life, through my brother-in-law in Llantrisant, is known. You have had 32 years of my life. You make your thousands, yet you starve Mr. More to follow.")
Cross-examined. Until 1900 prisoner was a steady, capable, respectable man. He got latterly to be very childish and to have delusions. (Witness produced a number of incoherent, abusive letters sent by prisoner to various people in the firm.) It has been reported to me that prisoner has threatened to serve my father and myself as Rayner served Whiteley.
Sergeant WILLIAM MILLER, City Police. On February 16 I went to Ilford and saw prisoner. I told him I had a warrant for his arrest. He said, "It's quite right; I sent the postcards."On the way to the City he said, "Sir David has been very good to me. My family have tantalised me and said that I have been living on charity, and I lifted all over London to get work. God only knows.
WILLIAM GODFREY . I have been in Messrs. Evans's employ as salesman for 22 years, and knew prisoner all that time. Up to 1900 he was a steady man and quite up to his work. At that time he seemed to suffer a nervous breakdown; he lost grip of business altogether. (Witness deposed to the abuse and threats used by prisoner.)
Dr. SCOTT, medical officer, Brixton Prison. I have had prisoner under observation since February 16. I consider that at the time of writing this 'postcard he was not fully same. He is under the influence of delusions. I consider he is not responsible for his actions; he is insane.
Verdict, Guilty, but that prisoner was insane and not responsible to law for his actions. Ordered to be detained during His Majesty's pleasure.
Mr. Boyd prosecuted; Mr. Sands defended.
it in my face; he was about a yard from me; I ducked, and the bullet went past my ear. Two days before this prisoner had threatened to blow my brains out, as he said I had been the means of his brother being arrested for something; that allegation was false.
Cross-examined. I have never seen, prisoner drunk. When the shooting took place there was only one passer-by, a lady; she it not here. He put the revolver right in my face; the flame caught my left cheek. He did not say a word to me.
WILLIAM HALES . I am prosecutor's father. I was at home on this evening, and heard a shot. When my daughter came bade with the policeman prisoner had gone. A little while after he came to my house and asked to see Harry. I said he was not in. and asked prisoner what he wanted him for? He replied, "Just for sport," and went away.
Cross-examined. I cannot say that prisoner was drunk. I have seen him at times under the influence of drink. I have heard that he bad been on the drink all that day.
Detective WILLIAM CRIDLAND, H Division. On February 7, about 9. 30 p.m., I saw prisoner in Stepney Causeway; when he saw me he ran away. I caught him and said, "I want you, Barry, for shooting at Hales. "He said, "I have not got the revolver now; if you had seen me a minute or so ago in the 'Glass House' you would have found it on me." I said, "You must come to the station."He said, "I'll fix him yet; there will be no more Hales when I have done with him."'
Cross-examined. Prisoner lives about 100 yards from prosecutor. People in this neighbourhood are rather a rough lot; they use bad language pretty freely, but their bark is worse than their bite. I searched the vicinity, and could find no trace of the revolver or mark of a bullet. Prisoner was sober when I arrested him; I saw no signs of drink. I have heard that he bad been on the drink on this day.
No evidence was called for the defence. Prisoner's counsel urged that there was no intent to murder or to do grievous bodily harm, that the shooting was merely a piece of drunken bravado, with intent to frighten prosecutor.
Verdict, Guilty of shooting with intent to murder. Prisoner confessed to a conviction at this Court on June 30, 1902, of robbery with violence; he was then sentenced to five years' penal servitude, of which he had still one year to run; a very bad record was proved. Sentence, Seven years' penal servitude, to commence at the expiration of the unexpired term under the former conviction.
ROBINSON, William (20, shoemaker); pleaded guilty to burglary in the dwelling-house of Samuel Henry Harris, with intent to steal therein; not guilty to attempting to discharge a loaded revolver at Frederick Penfold with intent to kill and murder him or to do him grievous bodily harm or to resist and prevent the lawful apprehension of himself.
Mr. Symmons prosecuted.
Police-constable PERCIVAL ATTERSALL, 266 E., proved a plan showing the streets and houses referred to in the evidence.
Police-constable FREDERICK PENFOLD, 229 E. On February 8, at 12. 55 a.m., I was on duty in Tavistock Place. I saw two men standing just outside 56, Tavistock Square, a corner house. As I approached one of them tapped twice with his heel on the pavement. Prisoner and another man came up from the area. The four walked away and I followed. I had got within two yards of prisoner when he turned round and covered me with a revolver, saying, "If you touch us I will shoot you."I closed with him. One of the men caught my tin sharply, and they all got away. I ran after the prisoner. He ran back into Tavistock Square and down Upper Bedford Place. Outside No. 38 he turned back again, as he saw another constable coming towards him. He pointed the revolver straight at me without saying anything. I tried to run into him, but he ran too fast. I ran titer him into Tavistock Square. There I saw him as he ran throw some iron instrument into the garden of the square. Opposite 37, Gordon Square I caught him up. He again pointed the revolver at me. I closed with him and threatened to strike him with my staff, He then said, "All right, I'll give in." A man named Perks came up just as I caught prisoner and helped me to take him to the station. The revolver produced is the one I took from prisoner. It was loaded in four chambers. Prisoner was quite sober. When he was brought up at Bow Street I was there and he sew me before the case came on. I had the revolver with me. He said, "I wonder what's the matter with that thing; it's not my fault it didn't go off. You're lucky. Just look end see what's the matter with it."
To Prisoner. I did not mention this last conversation when I gave evidence at the police court on February 8.
RICHARD PERKS , carman, 7, Edinburgh Place, Dura Road, Islington. At one o'clock on this morning I was in Torrington Place. I heard a police whistle blowing and ran in the direction of the sound. At the corner of Upper Bedford Place I saw prisoner running; other men were running as well. I thought they were pursuing him. When I got close to prisoner he held the revolver close to my head and I heard a click. He doubled back past me into Tavistock Square. I ran after him. I came up just as Penfold caught him, and I held him while Penfold took the revolver from him.
Prisoner declared that the witness had perjured himself. He did not come on the scene at all until after the arrest.
Police-constable HENRY THOMAS, 109 E., proved finding the jemmy (produced) in the garden of Tavistock Square.
Inspector JAMBS MOORE, E Division. On February 8, at two am, I went to 56, Tavistock Square. The house had been broken into, but nothing had been taken. There were marks on the door corresponding to the size of the jemmy produced. Penfold handed me the revolver, and I extracted the four cartridges (produced). Two of them have scratches on the caps.
To Prisoner. The marks were on the cartridges when I took them from the revolver.
Detective-Sergeant VISSOUL, E Division, said that he took the revolver and cartridges, just as he received them from last witness, to Mr. Churchill, on February 11.
EDWARD JOHN CHURCHILL , gun, rifle, and cartridge manufacturer, 8, Agar Street, Strand, said he had examined the revolver and the four cartridges. He explained the mechanism of the revolver, and proved that owing to its dirty condition it had missed fire, at was shown by the marks on the two cartridges. The weapon was a SmithWesson, and would kill at 40 yards.
Police-constable CHARLES PARSONS, 29 E. R. On February 8 I was at Hunter Street Police Station, acting temporarily as cell warder. While prisoner was having a wash he said to me, "It's a near thing for that policeman last night; if the thing had gone off it would have been all over with him"; I said, "Well, it's a very cowardly thing to do"; he said, "He had his truncheon, and I intended to defend myself."
Prisoner's statement before the magistrate: "I don't wish to make any statement whatever, except that it is not true to say that there were three men with me; there was no man with me when I cane out of this area; the men on the corner had nothing to do with me."
Prisoner. (not on oath) repeated that he was alone in the burglary; when be saw the policeman he pulled out the revolver to frighten him; Penfold was scared and crouched down, and prisoner took the opportunity to run away. He had no intention to murder. He was guilty of the burglary, but innocent of this charge.
Verdict, Guilty of attempting to discharge the revolver with intent to resist arrest. An indictment for attempting to discharge the revolver at Perks was not proceeded with, but remains on the file of the Court. A long list of convictions were proved, for robbery, housebreaking, and burglary. Prisoner was described as a most dan-gerous expert burglar, and a very violent man; he had several times assaulted the police, and openly boasted of what he would one day do to a policeman. Sentence, Seven years' penal servitude on the indictment for burglary; Seven years' on the other indictment, to run concurrently. The Court (taking notice of the resolution of the Grand Jury) highly commended Penfold and Perks for their bravery; the latter was ordered a reward of £2, and the attention of
the Chief Commissioner was directed to the splendid conduct of Penfold.
NEW COURT; Tuesday, February 26.
(Before the Recorder.)
ELY, Montague Frederick (29, manufacturer), pleaded guilty to forging and uttering orders for the payment of £40, £23 16s. 4d., £34, and £27, in each case with intent to defraud. Sentence, Nine months' imprisonment in the second division.
THIRD COURT; Tuesday, February 26.
(Before the Common Serjeant.)
Mr. Rogerson prosecuted; Mr. L. S. Green defended.
POLLY STEINBERG , wife of Davis Steinberg, cabinet maker, 181, Hantoy Street, examined through an interpreter. On Monday evening, February 18, prisoner came to the shop between 10 and hall past. The wages were to be paid that night. I had about £4. My husband went away that afternoon. I had a watch and chain which I panned for £9. When Berg came I had the £13 all in sovereigus ready for the workmen. When Berg called alt the employees surrounded me and asked me for their wages. Berg, who was accompanied by another man, asked me for my husband. I bad received a telegram from my husband that he was in Paris. Berg asked me vast the employés wanted, and I said they wanted their wages. He said, "Give mo the £13 and I will pay them out the wages." I took from my handkerchief the £13, and counted, it out and said to the workmen, "This man (Berg) is going to pay you out, and he will see that the signatures are right."I can neither read nor write. Then Berg went with the money downstairs into the workshop. I followed him downstairs, and saw him in the workshop playing about with the wood shavings. His companion was not there. I said, "Give me the £13 back."and he said, "I did not take the £13; my partner took it." I screamed and sent for a policeman.
Cross-examined. I have been in this country four years. I do not speak English. I do not know where my husband is now. I did not preserve the telegram I received from him. I do not know that he has gone away owing his creditors money. I do not know that he owed the firm of Berg and Horowitz £9 6s. 4d. for goods
supplied in the month of February. I know that prisoner, besides being a tobacconist, also carried on business with Horowitz as a woodcutter and sawyer, and worked for any husband. Prisoner came with his partner on the evening of February 16, and asked to see my husband. They came again, I think, the following (Sunday) evening. I do not know that my husband had also borrowed £5 of Berg. On Monday, the 18th, Berg came in the morning at 11 o'clock and asked for my husband, and again at three. When they came in the evening one of them said. "Tell me the truth. Where is your husband?" I gave all the £13 to prisoner Berg. It is not true that all I handed over was £4 to Horowitz. There was also a boy present., but I do not know his name. Prisoner gave the money to his partner and said, "Go on."I started crying and screaming, thinking I had lost the money. I told prisoner the workmen were waiting for their wages. He then said, "Give me the £13, I will pay the wages." I think the boy who was present came to write out the bills for the working men, but I do not know anything about my husband's business. He did not tell me what he came there for.
At the request of a Juryman, witness produced the pawnbrokers ticket for the £9.
SOLOMON SUGARMAN , cabinet maker, 10, Teesdale Street, Bethnal Green. I work for Mr. Steinberg. I remember Monday, February 18. We were all day waiting for the wages. In the evening prisoner came with his partner and asked Mrs. Steinberg what the men were asking for. Mrs. Steinberg said she had been informed that her husband bad left her. Berg then asked, "Have you got sufficient money for the working men?" Mrs. Steinberg said she had pawned her watch for £9, and had £4 before. Then Berg said, "Give the money to me. I will pay them out." She then went upstairs with prisoner and his partner and myself. Mrs. Steinberg took the money from her dress and gave it to prisoner, who asked, "Have you got a list whom to pay?" Mrs. Steinberg said, "I have no books, but I have on a piece of paper written down the names to whom it is to be paid." Berg took the paper in his hand and asked how much was due to me. I said £2 16s. Berg then said that on the paper there was only written down £2 10s. for me. In the meantime the other working men had come up and also asked for payment. Prisoner said to a man named Abraham Pullock, "Go downstairs and make a proper bill of how much is due to everybody." Then Berg handed over the money to his partner, who said "Good-night" and was gone. We then surrounded Berg that he should give us the money, but he said Mr. Horowitz had taken it. We caught hold of him, a policeman came, and we took him to the station.
Cross-examined. I have been in England three years. The wages were usually paid when work was delivered. There was no specified day for payment. I saw Mr. Steinberg on Saturday, when he showed me a cheque, but he was too late to cash it. On Monday morning we saw him and told him it was time to pay up. He said he would soon
cash the cheque and went out, but he did not return. Mrs. Steinberg told as that her husband had gone away for an order. Prisoner and his partner came on the Monday before sunset to ask whether Steinberg was in. I do not remember whether they came for the amount of their bill. I am prepared to swear that Horowitz was upstairs the whole of the time until the money was given over. Mrs. Steinberg said, "Here is £13."Berg counted the money and said, "There is no more than £13."Prisoner suggested that he should give me £2, but I said my wages were £2 16s. He did not say, "I cannot give you any more because I have only got £4."At the back of the shop were other workmen, with their wives crying.
PHILIP LEUENSTEIN , 195, Romford Street, cabinet maker. I worked for Davis Steinberg. On Monday, February 18, I was waiting for my wages. Berg and Horowitz came to the shop about 10 o'clock. I saw Mrs. Steinberg gave prisoner the £13 out of her handkerchief, and he said he would settle with the workmen. She said her husband had left her £13 to settle the wages, but £13 was not enough, as the statement came to £17 3s. Berg asked me what my wages came to, and I told him £2 10s.
Cross-examined. Sugarman was offered £2, but he said his wages were £2 16s. There was a good deal of confusion. There were nine or 10 workmen, and they all wanted the money. I saw prisoner take the money from Mrs. Steinberg, but I did not see him hand it to Horowitz.
Police-constable RICHARD TURLE, 288 H. I remember being called to Hanbury Street on Monday, February 18. I saw prosecutrix and prisoner in the workshop. She said, "I wish to give this man in custody for stealing £13 in gold." She spoke in broken English. Prisoner said, "I know nothing about it."I arrested prisoner and took him to the station, where he denied the charge. He also said, "Mr. Steinberg owes me some money. I went there for it, and saw Polly Steinberg. I asked her for the money and she gave me £4 and said, '"You can go on with that. I gave her a receipt for the £4. "
Cross-examined. Prisoner said Steinberg owed him £13 or £14.
Detective-sergeant WILLIAM BROGDEN, W Division. I have made inquiries concerning prisoner, who is a man of good character, respectable, and a naturalised British subject.
The Commdn Serjeant observed that the only case seemed to be that there had been a squabble between the people who had supplied materials and the workmen as to who was to get the money.
Mr. GREEN. Of course, there must be an intention to defraud. If a man takes money intending to appropriate it to his own legal debt it would not come within the statute.
The COMMON SERJEANT. If a man takes money thinking it ought to be paid to him, of course, that would not be a fraudulent taking within the meaning of the statute, which means converting it to his own use, knowing that he was doing something equivalent to stealing, however, I cannot withdraw the case from the jury.
LEWIS BERG (prisoner, on oath). I carry on business as a tobacco-nist in Brick Lane, and also with Horowitz a business as a sawyer in Church Street. I have done work for Steinberg for about three-quarters of a year. Five or six months ago when he had the broken in I lent him £5. and besides that on February 18 there was £96 4d. due for work done. I called at Steinberg's, on Saturday, February 16 and saw Mrs. Steinberg, who said her husband had gone with the work. He used to send us wood, and we cut, plane, and mould it I went the next day and again asked to see Mr. Steinberg, and was told he was at the vapour baths. I went on Monday at three o'clock and saw Mrs. Steinberg, who said her husband had gone to buy timber. I went again at half-past six, but he had not returned, and at quarter-past eight I went with my partner Horowitz, with the same result. We went again about 10 o'clock. The workmen were waiting for some money. Mrs. Steinberg asked us upstairs. I asked where was her husband, and she said he had gone to Paris. She said she had got some money to pay the people, and gave my partner £4 out of a handkerchief. She then called up the two men, Sugarman and Leuenstein, who were offered £2 each by Horowitz. Sugarman wanted £2 16s. and Leuenstein £2 10s. They would not take the money, but wanted the whole amount. While I was writing out a receipt for the £4 she made out that Horowitz had had the whole £13. Sugarman said, "You have to pay our wages, otherwise we will kill you." I told them to call a policeman and lock me up. What the policeman has said is substantially correct. I never had any money but the £4, which was handed over to my partner, Horowitz.
Cross-examined. Mrs. Steinberg said she had £13 to pay the men, but she was afraid to pay them as they might claim again, and asked us to see that they signed. A young fellow Lubech, who had come to collect money, also was there. What Mrs. Steinberg had in the handkerchief I could not say. I only saw £4.
MAURICE LUBECH . assistant to Messrs. Berger, Brick Lane, veneer merchants. On February 18 I went to Steinberg's to collect a debt of £10 10s. for Mr. Berger. I heard Mrs. Steinberg say to Horowitz, "There is £2, and £2 again for the two workmen. Call the two men and pay them." They were box makers. One of them said "No; I won't take that money. I want £2 16s." The other said he wanted £2 10s. Horowitz said they had better take the money, as they would not be able to get any more, Steinberg having gone away. Then Mrs. Steinberg and the two men started rowing, and she said she could not pay any more. Horowitz then took the money and went away. No money whatever was given to the prisoner.
Verdict, Not guilty.
Mr. Beaumont Morice prosecuted.
Detective ALBERT BOREHAM, H Division. On the afternoon of February 8, in company with Detective Horner, I followed prisoner through several streets to the Free Library in Bancroft Road, Mile End. After waiting outside for ten minutes we went into the library and found prisoner in the reading-room. He then came out on to the landing. I told him we were police officers and believed he was in possession of counterfeit coins. He made no reply. I told him I should search him, and did so. In his right-hand waistcoat pocket I found 28 two-shilling pieces and three others wrapped up separately. The coins were all of the same date. I asked him where he got them from, and he said, "I found them at Tilbury this morning." I told him I should take him to Bethnal Green Police Station. On coming down the stairs of the library he said, "I found them at Woolwich. Passing through Green Street on the way to the station, he said. "I will tell you the truth, sir. Some men gave them to me on a tramcar. "
He made no reply when charged, and gave the name of Edward White, of no fixed abode. There were also found on him a latchkey and 2d. in bronze.
Detective ALFRED HORNER, H Division, gave similar evidence.
Verdict, Guilty. Detective Horner stated that prisoner had been frequently seen in company with notorious coiners, and it was for that reason that observation had been kept upon him. He had not been previously convicted.
Sentence, Nine months' hard labour.
FOURTH COURT; Tuesday, February 26.
(Before Judge Lusnley Smith.)
AITON, William Robert (25, bricklayer); pleaded guilty to stealing and receiving a bicycle, the goods of James Thomas Casemore; also to stealing and receiving a motor bicycle, the goods of John Walter Maeger.
Sentence, Twenty months' hard labour on each charge, to run concurrently.
SMITH, Frederick (42, labourer) ; attempting to carnally know Dorothy Barnes, a girl under the age of 13 years, and indecently assaulting her; attempting to carnally know Ellen Louisa Pope, a girl above the age of 13 years and under the age of 16 years, and indecently assaulting her.
Verdict, Not guilty.
MINNIE SEYMOUR ,102, Roll Street, Greenwich. Prisoner (my brother) is engaged to Kate Murphy and has been living at my mother's house for the last twelve months, and they were to have been married on Christmas day. On January 3 I was in the kitchen with my mother and Kate when prisoner came in; he appeared to have been drinking. It was between 10 and 11 p.m. He walked towards Kate to strike her and I put up my arm, which he struck and I was taken to the hospital.
KATE MURPHY . I have been engaged to prisoner for three years, On January 3 he came into the kitchen, having been drinking, and. he came towards me and I got up and went upstairs. We had had a quarrel.
Mrs. SARAH PARFREY. On January 3 I went into the kitchen and saw prisoner lying on the floor with the knife (produced) in his hand. He had. been drinking. He said, "Look what I have done."I said, "You have stabbed poor Minnie's arm.
Police-constable WILLIAM PALMER. On January 3 I saw Minnie Seymour lying on the floor bleeding from a wound in her right arm and prisoner with a wound in his throat; I took them to the hospital.
Dr. WILLIAM JOHN WILKINSON. On January 3 we received Minnie Seymour into the hospital suffering from a wound in her right arm eight inches deep. She will never recover the use of the arm entirely. Prisoner was suffering from a superficial wound in the throat.
Prisoner stated that he went out with one or two friends and took too much, and he intended to support his sister.
Verdict, Guilty. Prisoner was released on his own recognisances to come up for judgment when called upon.
OLD COURT; Thursday, February 28.
(Before Mr. Justice Ridley.)
Sir Charles Mathews. Mr. Arthur Gill, and Mr. Arnold Ward prosecuted; Mr. George Elliott defended.
JULIA ELLIS , 12. Speenham Road, Brixton. I am a married woman. In January last I was living at Speenham Road in my maiden name of Wakeling. The deceased was my sister, employed as a telephone operator. In 1905 I was living at 47. Ferndale Road. The prisoner was also living there, and my sister as well. Deceased was then on friendly terms with prisoner. In April last I came to live at Speenham Road. Prisoner and deceased first went out together 12 months ago last Christmas. He visited my sister nearly
every night. There was a Mr. Whellock who visited us. At times prisoner had little quarrels with deceased, nothing out of the way. He once complained to me about the way my sister turned her head away when he wanted to kiss her. He seemed very affectionate to her. I did not see the letter of January 10 from prisoner to deceased before the latter's death, only the envelope. I was at home on January 11, with my sister, when prisoner and Mr. Whellock called. We played whist. At half-past 10 Mr. Whellock got up to go. I went downstairs with him, leaving my sister and prisoner together. When prisoner came down I noticed he looked rather white, and he made the remark that he would go mad. He shook hands and went out. I saw him again on the Saturday about two; that was a most unusual time for him to call. He said he wanted to confide in me about my sisters treatment of him. I said he spoilt her; it was his fault. He said he could not go on like this; it was worrying him. I sympathised with him, and told him not to take any notice. I asked him to come in the evening. He said he did not know what to do. Mr. Whellock came in about five that evening, then my sister, then; the prisoner, about quarter past six. When I joined the party upstairs prisoner seemed very white and agitated. He said he was not wanted; he was going. I advised him not to be silly, and to be friends. My sister said he put his fist up to her, and she started erring. I said, "Nonsense, he did-not mean it." My sister said he could go and take his ring with him. He said she did not want him; he would go and throw himself over one of the bridges. He then went out. I asked Mr. Whellock to fetch him back. I saw them in the street, and from the window asked them to wait a minute, at we were coming out. My sister and I joined them in the street. Mr. Whellock suggested we should go to a music-hall, which we did. I do not think prisoner made any remark as to that. My. sister and prisoner walked behind. They seemed to be quarrelling. My sister said Teddy had got all the money. In the music-hall I do not believe they spoke, nor on the way back. I went with Mr. Whellock to do some shopping. Not 10 minutes later we got home and found prisoner and my sister there. One was sitting on one side of the room and one the other, both reading. That was about nine o'clock. Mr. Whellock suggested that prisoner and he should have a drink, and they went out. When they came back in about 20 minutes whist was suggested, and we played till 20 minutes past 10. Then I went downstairs with Mr. Whellock, leaving the other two alone. I heard a rather loud noise. Then we heard two shots in succession, and we both ran upstairs together. As I got near the door I heard another report. When I got into the room I saw my sister lying on her face in front of the fire. Mr. Whellock was in front of Mr. He was trying to take a revolver out of the prisoner's hand. My sister's face was covered with blood. I asked prisoner how he could have done it and he said he was sorry. He kissed my sister. Mr. and Mrs. Jamieson, the people who keep the house, came in, and Mr. Whellock handed the revolver over to Mr. Jamieson. My sister had been wearing
a ring when the prisoner came. She had taken it off when they were playing cards and had not put it on again (Witness identified two letters from the prisoner as his writing—to the best of her belief.)
Cross-examined. When I first knew prisoner he was quiet and reserved. He seemed to change latterly and lost a good deal of his cheerfulness. I have no doubt it was due to the relations between him and my sister having changed. Prisoner seemed passionately attached to her. He was liked by everybody. He used to write frequent letters to deceased and complained that she did not answer his letters. They used to see each other daily. My sister objected to his writing so often. It was irksome to her to reply. On January 11 he seemed very white and agitated. When he went away he was in a state of great excitement. I was very nervous about what he might do to himself. I saw a great deal of him. He was not in the habit of taking drink He used to go out with Mr. Whellock sometimes, but I do not know what they had. He had no food on the Saturday evening, as far as I knew, from quarter to six till the fatal moment.
Re-examined. It was since last Christmas (about) that I noticed the change in prisoners manner. My sister seemed to treat him the same as usual after the engagement. She did not always allow him to kiss her. I do not know whether she intended to put an end to the engagement. Prisoner did not seem to be affected by the drink lie had on the last evening.
ARTHUR WILLIAM PHILLIPS WHELLOCK . I have known the last witness about nine or 10 months, and her sister about six months; the prisoner I have known about four or five months. I used to visit at 12, Speenham Road. On January 11 I did not notice any difference in the manner of the prisoner or the younger Miss Wakeling. We had a game of whist and I left about 10. 30. Mrs. Ellis went with me to the street door, leaving prisoner and Florence upstairs. Prisoner came down in three or four minutes. He seemed very much upset. I followed him into the street; he appeared to be crying, and said something to the effect that she would not kiss him. I said I would meet him the next evening about 5. 30 by the Bon Marche. I went to Speenhaim Road next day about 4. 45, Mrs. Ellis was there, and the younger sister came in about 5. 30 and the prisoner soon after. He greeted her. She did not take any notice of him. I left the room, and returned shortly after with Mrs. Ellis. Prisoner walked across the room and said, "I am not wanted here. I will put myself over the bridge."He went downstairs and I followed. I told him not to upset himself over it; but he said he had got some laudanum at home and he would finish it that way. I told him not to do anything rash for his mother's sake. He said, "Rash? I am rash enough to do anything." He asked me to go upstairs and fetch his umbrella, which I did. I suggested that we should go to a musichall. I went down, and Mrs. Ellis and deceased followed. We then all four went there. I did not notice their manner towards each other. We all returned together till we got to the Stockwell Road,
when Mrs. Ellis and I left them and went to do tome shopping. We were absent about 20 minutes and then returned to Speenham Road. Prisoner and deceased were sitting opposite sides of the room reading, and did not take any notice of each other. I suggested that prisoner and I should go out and get a drink. We went out and had one hitter and one whisky, and returned to Speenham Road. I suggested that we should have a game of whist, and we all played till about 10. 20. I did not notice anything out of the ordinary in prisoner's behaviour then. I rose to go about 10. 20, and Mrs. Ellis went down with me, leaving the others upstairs. I said "Goodnight" to Mrs. Ellis, and heard what I thought was a gas globe burst. I went to the bottom of the stairs and listened, and heard what I thought to be two shots. I ran upstairs, and when on the landing beard another shot fired. I went into the room and saw the prisoner with a revolver, standing over Florrie, as though about to put another shot into her. The girl was lying on the ground. I closed with him and took the revolver away. He resisted. I said, "This is a case for the police." He said, "I know." The landlord, Mr. Jaimeson, came in, and I handed the revolver to him. I took the prisoner downstairs and blew a whistle, and then returned with prisoner to the room end attended to the girl. Prisoner tried twice to kiss her. A police sergeant came in. when I was in the public-house with prisoner he asked me why Florrie had her best dress on. I said I did not know. He asked me if I knew where she had been. I did not know.
Cross-examined. I was introduced to prisoner four or five months ago. I thought he was a very quiet, steady sort of fellow. Shortly before this occurrence the seemed to be a bit upset, as if he had some trouble on his mind. I always thought he was of that nature. I had so doubt that he was passionately attached to Florrie. She seemed very cold to him, but sometimes responded. Her manner seemed to upset him. When he said he would throw himself over the bridge he was excited, and I went after him and quieted bun. He is abstemiens, and we have not had more. than five or six drinks together. I suggested going to the music-hall, hoping to make things friendly all round. I had always found prisoner a good-natured, well-behaved, quiet and modest young man.
FREDERICK WILLIAM LACK , 4, Thornton Avenue, Streatham. I am a director of the Bon Marché, Limited, Brixton, where prisoner had been employed since November 16, 1903, as assistant in the Dyeing and Cleaning Department. He earned about 30s. a week. On January 12 I received a letter (Exhibit 4) which I believed to come from prisoner. He was unable to attend that day.
Cross-examined. I always found him punctual, sober, and industrious, and on good terms with his fellow workers. I had no fault to find with him.
firearms at the time in question, and Mr. Whellock and Mrs. Ellis running upstairs. I fallowed and saw the deceased lying on the hearth-rug face downwards. Whellock was holding the prisoner and handed me the revolver. I took the pistce to the police-station and informed an officer. I heard prisoner say, "She is not fit to live."
Cross-examined. I had frequently seen prisoner and had some conversation with him, but not relative to deceased.
WILLIAM ADDY ,. counter clerk, Mark Lane Pool Office. I issued the gun license (produced) to a man I cannot identify in the name of John Edward Wyatt, of 15, Tintern Street, Clapham, at 10. 5 a.m. January 12.
ALFRED DAVIS , Offord Road, Barnsbury, assistant to Blanch and Sons. Gracechurch Street. I sold this revolver to prisoner and 100 cartridges between 10 and 11 on January 12. He produced this gunlicense. He gave 12s. 6d. for the revolver and 3s. 6d. for the cartridges. This register is kept in the shop, as ordered by the Art. These pellets are similar to those in the cartridges, and the missfire cartridge is similar to those sold to prisoner. The missfire was caused by the rough way the weapon is finished.
MART JAMIESON , wife of Alexander Jamieson. Prisoner came about 11 a.m. on January 12 and asked if Miss Wakeling (Mrs. Ellis) was in I asked him to come later, as she could not see him then. He said he wanted to see her in regard to Florrie's treatment of him—that sometimes she would turn her head from him and would at other times be quite pleasant. I said I thought it was her way, and that she often treated her sister so. He said he thought Florrie was deceiving him. When he got outside I asked him to come back later and have a talk with Miss Wakeling. He was not sure whether he would. He came back about two, and again about six. He left shortly after. He came down in a terrible hurry, and I heard them call him to come back. He was terribly upset, and I went to the door and called him back to have a cup of tea and think no more of it. He said he had had enough tea, and he thought of going to Portsmouth the next day to see Florrie's father and mother and ask them if they knew how she was going on. He also said it would be a sad day if he saw Florrie with anybody else. Mr. Whellock came down and I left them.
Cross-examined. I knew prisoner soon after the Misses Wakeling came to my house. He appeared to be very well-behaved, and a very nice young fellow. He was very much attached to deceased, and I am sure was faithful to her. He seemed quite unlike himself on the 12th, Saturday morning—depressed. I knew of no other cause for it. Florrie seemed to be cold and indifferent to him at times.
WILLIAM MILLSOM , police-inspector, Brixton. Mr. Jamieson came to the station at 10. 30 p.m. on January 12 and made a statement and I sent two officers to 12, Speenham Road. He handed me this five-chamber revolver. It contained four empty cartridges and a live one, on the copper head of which was a slight indentation, as if it had
missed fire. I went on the morning of the 13th, after the body was removed, and found this bullet on the rug where she had been lying.
Police-constable WILLIAM BLAKE, 76 W. I went with Police-constable Smith, 125 W, to the house in question, and found Florence Wakeling lying on the hearth-rug on the first floor on her left side, and the prisoner being detained by Whellock. I told him I should take him into custody for shooting a girl. I did not know her name. He replied, "I see."I handed him over to the other constable, who took him to the station.
Police-constable WALTER SMITH, 125 W. I went to the house, and took prisoner to the station. He said nothing on the way. He took from his pocket the two letters (produced), sealed and stamped, and said, "Will you kindly post these for me? One is to my mother and the other is to the girl's mother."I searched him, and found four loose cartridges in his outside overcoat pocket, also a bundle of documents rolled roughly together, with pencil notes. "I think Arthur is a bit too familiar with you, even for a brother-in-law. He does to you what you would not allow even me to do. I think he takes too many liberties. You would consider them so on my part, and I think I have known you the longest, and am supposed to stand in a closer relationship than him. If I were to do some of the things he does you would consider them liberties. It seems a great pity if girl cannot love a man without going in fear of him taking her life and his own, should she prove unfaithful in any way. I suppose the fact is, very probably, she disappointed him in some way or ways after, at times, encouraging him, and the disappointment upset his mental balance, and he became, from a bright sort of chap, to moody, sullen, irritable sort—gets morbid in his thoughts and visions, and seems so miserable that the future does not seem worth living for, and he begins to wish to end it somehow—he does not care how. She will be cross because of this letter. She would not ring me up. She wants to be discharged from me—she is afraid of J. She would not kiss me to-night.""I want to ask you a question. Will you answer it candidly? Why is it that when I kiss you, you turn your face away? As your accepted lover, it is quite reasonable I should expect to have that privilege. When she is wrong with you and won't do what you wish, and won't be civil—in fact, is entirely off-hand, say nothing. If you are in the wrong apologise once for all. Take no further notice of her except to be civil without being off-hand yourself. Keep in a good temper, be bright and cheerful, appear not to notice anything wrong. Talk occasionally about various things. How much longer are you going to punish me for the way that other fellow treated you? I is most cruel and unjust of you to treat me so. I have not deserved it. Are you afraid of me? Are you afraid I shall do the same? Cannot you trust me better than that? Do you trunk I shall fail to appreciate your love and affectionate regard for me? Do you suppose, if you allow me to be
affectionate to you, that I shall tire of you? F—, this misunderstanding makes me very unhappy—I cannot enjoy life as I should—I cannot work and cannot live with this pain always at, my heart. F—, you do not realise how much I love you. You do not understand, F—. I write this to you instead of telling you personally, because whenever I do you seem to get offended and will not listen. Your treatment so upsets me that I cannot think what I should say. When I come round to see you, you receive me so coldly that you freeze me up. When I leave you scarcely kiss me. I have never known much love in my life—perhaps my fault. I longed for it now from you. Help me—feed me with your helpful love. "
JOSHUA FACEY , mortuary attendant, Coroner's Court, Loughborough Junction. I had charge of the body of Florence Wakeling from 11 am., January 13, till 10. 15 a.m., January 17. It was placed on the post-mortem table. I stripped it at once and shook the clothing, which I turned inside out. On the 19th I cleaned the mortuary room and found this bullet under the table. It could not have been there before the 12th as the place had been washed down time after time.
JOHN ROBERTSON , physician and surgeon, 337, Brixton Road. I was called to 12, Speenham Road on the night of January 12, where I saw the young woman lying on the floor. She had a bullet wound through her right eye and another through her right breast, which penetrated the chest. She was alive, collapsed, pulse less, and in a dying condition. I remained with her till 1. 15 on Sunday.
GEORGE BREBNER SCOTT , Divisional Surgeon of Police. I was called to 12, Speenham Road at 11 pm. Saturday, January 12. Dr. Robertson has exactly described the condition of affairs. I remained with her till seven o'clock Sunday morning, when she died. She did not regain consciousness. I made a postmortem on the 13th. She died of the two bullet wounds and internal hemorrhage. One bullet was buried in the base of the skull, which had to be chiselled out, and the other was in the root of the left lung. These are the bullets. The bullet found in the mortuary had not pierced her.
HENRY FOWLER , police inspector. I saw the prisoner at Brixton Police Station on January 13. I said, "I am a police-inspector. You will be charged with the wilful murder of Florence Wakeling by shooting her with a revolver last night at 12, Speenham Road." He made no reply. He was then charged, and the charge read over to him. He again made no reply. I then directed that he should be searched, and while that was being done he turned to me and said, "Did she retain consciousness?" I went to 15, Tintern Street, the address given by prisoner, and searched his room. In a box I found these two boxes of cartridges, one containing 50 unopened and the other 35. Also a number of letters and, apparently, drafts of letters.
Mr. Elliott desired the following to be read: "Florrie,—You have made me a very happy man, for did not you say on Sunday evening that we are engaged? Now, dear, that is the first time I have heard
you say so, and now, dear, you must give me all the privileges that an engaged man is entitled to. Yes, dear, you must not turn your face away when I kiss you. I must have my kisses in true fashion, as all true lovers should, so when I come to-morrow evening and you meet me with a happy, smiling face let me press my lips to yours firmly, but gently," etc. (Some further letters were also read.)
A Juror. Were those letters received by the deceased?
Mr. Justice Ridley. No, I Chink I can suggest to you they are drafts, intended to be used as letters. I think Mr. Elliott will agree with that.
Mr. Elliott. If your lordship pleases. There is a witness, Dr. Brabant, I should like to ask a few questions of.
Mr. Arthur Gill. I understand my friend does not raise any question at to the prisoner's sanity, and, under those circumstances, I do not object to his calling that witness.
THOMAS HUGHES BRABANT , Post Office district medical officer. I am a physician and surgeon, and in my position I had prisoner's father, a postman attached to the Buckingham Palace Road Office, under my care and supervision. He was pensioned off before the usual time as he had some delusions and suspicions of his superior officers which interfered with his doing his work properly. They were, I believe, quite unfounded.
Verdict, Guilty, with a strong recommendation to mercy.
In reply to His Lordship's question as to the grounds upon which they based their recommendation, the Jury replied that it was on tat general circumstances of the case and then added "Hereditary taent."
Mr. Justice Ridley. Do the whole jury say that?
The Foreman. Yes, my lord.
NEW COURT; Thursday, February 28.
(Before the Recorder.)
BLACKBURN, James, pleaded guilty to committing an act of gross indecency with Walter Henry Wilson. Sir Charles Mathews prosecuted; Mr. C. F. Gill, K. C., appeared for prisoner. Sentence, Three months' hard labour.
HARTLEY, Thomas Samuel (43, laundryman), pleaded guilty to forging and uttering order, for the payment of £27 12s., £11 19s. 8d., and £5 8s., in each case with, intent to defraud. Sentence, 12 months' imprisonment in second division.
JONES, William (20, vanguard). And THOMPSON, Robert (20, labourer) ; both breaking and entering the dwelling-house of Percy Edward Furness, and stealing therein three watches and other articles, his goods, and feloniously receiving same; Thompson breaking and entering the dwelling-house of William Billing, and stealing therein two gold rings and other articles, his goods, and feloniously receiving same; Thompson breaking and entering the dwelling house of John Gallop, and stealing therein one gold chain and other articles his property, and feloniously receiving same.
Mr. Plowden-Wardlaw prosecuted.
Jones pleaded guilty to receiving. Thompson pleaded guilty. Jones also confessed to having been convicted of felony in the name of Thomas Williams, at West London, in 1905. Thompson confessed to having been convicted of felony at West London Police Court on February 14, 1904. and other police court convictions were proved against him. Sentence, each prisoner, Six months hard labour.
TRIEB, Alfred Robert Jean ; having received certain property, to wit, orders for the payment of £46 1s., £54 3s. 9d., £17 1s. 6d. £81 4s., £140 13s. 3d., £64 7s. 3d., £56 12s. 3d., £49 4s. 9d., £114 13s. 2d., £19 8s., £38 2s., £120 15s. 3d., £294 3s., £31 18s. respectively, for and on account of the Gebruder Adt Action Gesellsehaft. did frandulently convert the said property and the proceeds thereof to his own use and benefit; wilfully and with intent to defraud omitting certain material particulars from certain papers belonging to the said Gebruder Adt Actien Gesellschaft, his masters.
Sir Charles Mathews prosecuted; Mr. Leycester defended.
Sir C. Mathews stated that he proposed to offer no evidence. The prisoner was the agent in London of a German company, receiving moneys which with the authority of his principals he had paid into his own banking account. On the invitation of a director of the company, his principals, he had made a full confession of all sums which he had received and had not forwarded; had handed over everything which he possessed by way of restitution, including his furniture, jewellery, etc.; had further, with the guarantee of his father-in-law, undertaken to repay the balance of the indebtedness, together with interest, out of his salary, on the understanding that he retained his position with the company; and after that an information had been sworn. Before the alderman still further restitution had been offered, but the alderman had declined at that stage to allow the prosecution to be withdrawn, preferring that the whole of the facts should be stated before this Court. On behalf of the prosecution he proposed to offer no evidence.
Mr. Leycester stated that not only was it the practice for the defendant to pay the cheques he received into his own bank, and to for ward cheques for the amount due to his principals, but he had to pay out of those moneys the expenses of the London branch of the business, which were very considerable, and there was therefore a constant running account between him and his employers.
The jury returned a verdict of Not guilty.
THIRD COURT; Thursday, February 28.
(Before the Common Serjeant.)
TAYLOR, William, otherwise William Charles Easterly (37, labourer) , employed by the South Eastern Railway Company, indicted for maliciously damaging a plate-glass window end certain fittings and other goods, value together £10, the property of Annie White; stealing three gold rings, the goods of Annie White ; pleaded guilty to the malicious damage.
Mr. Bohn prosecuted.
The charge was not pressed, though prosecutrix, who has a shop on Ludgate Hill, was stated to have lost £250 worth of jewellery through the outrage, the damage being, however, covered by insurance. Prisoner, who is a married man and has hitherto borne a good character, was released on his own recognisances to come up for judgment when called upon.
BARRINGTON, William (22, labourer), and ALLAN, Henry (23, labourer), both pleaded guilty to breaking and entering the shop of Spiers and Pond, Limited, and stealing therein three briar pipes and other articles, their goods, and feloniously receiving same; and maliciously damaging a plate glass window, value £7, the property of Spiers and Pond, Limited.
Sentences, Barrington, who has been previously convicted in courts of summery jurisdiction, six months' hard labour; Allan, against whom nothing is known, two months' hard labour.
WHITE, William (43, formerly a cab proprietor) ; unlawfully uttering a certain forged license directed to be provided for the driver of a hackney carriage; having in his possession, without lawful excuse, certain forged license and a forged metal ticket, directed to be provided for the driver of a Hackney carriage, knowing the same to be forged; forging or procuring to be forged a certain license directed to be provided for the driver of a Hackney carriage.
Mr. Kershaw prosecuted.
Sub-Divisional Inspector HARRY ANDREWS, Public Carriage Office, Scotland Yard. Badge 3,375 was issued to Edward Ernest Nicholl under a license of the same number on February 3, 1906, pursuant of 32 and 33 Vic. cap 115, and If not revoked or suspended or renewed the license should have been delivered up on the corresponding date in 1907. The licenses are sometimes renewed a day or two beforehand, and when renewed the old ones are returned and new licenses issued. If a license is lost a declaration is made to that effect in the presence of an officer of the department. A description of the licensee appears on the license. On the license issued to Nicholls (produced) his age now appears as 43. When the license was issued the age was 33, and has been altered by erasure. The signature of the licensee has also been altered. A license with an erasure upon it is never. issued from the office. On the inside of the license are spaces where
one various cafe proprietors employing the licensee write in their names, giving the dates when he entered and left their respective services. The cab proprietor retains the license while the licensee is driving for him. I know prisoner, who was first licensed as a cabdriver and proprietor on July 1, 1884, and remained licensed till 1896. From 1900 to 1902 he was licensed as a stage driver. The badge produced is an old stage driver's badge, such as was worn by 'busmen up till last year. It was originally a chocolate colour, and it has been painted over with black and white to make it resemble the present cab-driver's badge. In case of renewal the driver would have the same badge if it was in good condition, but if it was defaced he would have a new one and a new license would be made out with a corresponding number. I was at the Clerkenwell Police Court in February where prisoner was charged with unlawfully acting as driver. I further charged him with being in possession of a counterfeit badge and with forging a license. He said in reply, "I bought it forged."After the charge was taken by the inspector on duly he said, "There is only one charge I admit; that is using the license; I do not admit the other." I should mention that the license prisoner formerly held was in the name of William Henry Scott.
Sergeant GEORGE SCOTT, Public Carriage Office. I issued the license produced (No. 3375) to Edward Ernest Nicholl on February 3, 1906. The age was stated to be 33. I checked it by the register of old licenses. We never issue a license with an erasure. The badge found on prisoner was not the badge then issued.
ERNEST EDWARD NICHOLL , cab-driver, 6, Auckland Street, Vauxhall, wearing the genuine badge No. 3375, gave evidence as to receiving the license and badge on the date mentioned by the previous witnesses. The front page of the license had since been altered by the alteration of the age from 33 to 43. He was 34 last birthday. He worked for proprietors named Raybold, Holden, and Newman. After leaving Newman in August, 1906, he worked for a Mr. Gosling, of Paradise Road, Clapham, and handed his license to Charles Bennett, the foreman. After he had driven for Gosling for some little time Bennett communicated to him that the license had been mislaid or lost. He went to Scotland Yard subsequently and obtained a duplicate. He ceased to work for Mr. Gosling some time at the beginning of January, and did not see his original license again till some time in Februarv. Of the names J. Sandys, Walter Pinnock, and A. Copplestone which had subsequently been added as proprietors he knew nothing.
CHARLES BENNETT , foreman of Mr. Gosling, cab proprietor, 24, Paradise Road, Clapham, spoke to placing the last witness's license in his room and to subsequently seeing it safe several times. When Nicholl asked him for it in order that he might alter the address he found it was gone. That would be some time in October. He identified the license produced as belonging to Nicholl, but the age had been altered from 33 to 43.
ARTHUR COPPLESTONE , cab proprietor, 10, Gee Street, Somers Town, spoke to prisoner bringing die license to him on January 12 of this year. Prisoner asked if he could have a cab and stated that he was out of employment. Witness remarked that the services were not of long duration, and asked why prisoner left his last employer, Pinnock. He replied that he wanted a better lot, meaning a better horse and cab. He then engaged prisoner as driver and retained the license in the ordinary course of business, afterwards giving it up to the police.
Prisoner came to him as Nicholl.
JAMES SANDYS , cab driver and proprietor, 11,723, of 125, Camberwell Road, denied that prisoner, as holder of license 3,375, drove for him from August 30 to November 12, 1906, as Edward Ernest Nicholl. Witness had not employed anyone to drive for him for 18 months.
Sergeant ROBERT LORD. Public Carriage Office. On January 30 of this year, while in company of Police-constable Churchman, I saw prisoner driving a four-wheeled cab in the Euston Road. He was wearing the badge produced. I asked him the number of his badge, and he replied, "All right. The game is up. I know him," referring to Churchman. I took him to the Hunter Street Police Station, where he was charged with acting as a driver without a license and with forging the badge. He said, "I plead guilty to driving without a license, but not to forging the badge."The badge produced is not a proper badge. I obtained the license produced from Mr. Copplestone.
Police-constable OWEN CHURCHMAN, 160, Public Carriage Office. I was with last witness when prisoner was arrested. I was left alone with him in the police station, when he said to me, "Copplestone held my license in the name of Nicholl, and when that license expires I know where to get another. The police are very clever in altering the colour of the badges, but we are as clever as they. I have a wife tad six children—my wife only weighs 6 st.—and I must do something to keep them."At the Clerk en well Police Court I asked him where he got the badge, and he replied that he got it from a man celled Gippo at Vauxhall, whose proper name he did not know, to whom he paid £1 for the badge and license. Prisoner also said, "When the badge was brought to me first the age did not correspond with mine, and I told him if he altered the badge I would buy it." Next day he brought it to me with the age altered, and I bought it for £1."
Prisoner, in defence, said it was a common thing for cab proprietors to have four or five licenses at one time, and he himself had licenses for Aldershot and Ascot besides his own immediate locality and an exchange of licenses amongst cabmen was no uncommon thing.
Verdict, Guilty. Prisoner was convicted of a similar offence in May of last year and sentenced by the Recorder to imprisonment for one month.
Santence, Six months' hard labour.
SOUTH, Robert John (32, traveller) ; having received certain property, to wit, the several sums of £1, £2, £1 2s., £1 2s. 10s. 9d. 9s. 3d., 10s. 6d., 11s. 6d., 10s. 6d., and £1 4s. respectively, for and on account of Edward Norris, did fraudulently convert the said property to his own use and benefit.
Mr. Curtis-Bennett prosecuted; Mr. S. A. Kyffin defended.
Evidence of the payment to prisoner of the various sums which are the subject of the present indictment was given by Mrs. Sarah Dimmock, 44, Douglas Road, Kilburn, £1 2s., on November 8; May Bulgin, 28, Lushinton Road, Harlesden, 10s. 9d., November 10; Mrs. Rose James, 103, Clifford Gardens, Kensal Rise, 9s. 3d., on November 3; Elizabeth Bowden, 70, Chevening Road, Kensal Rise, 10s. 6d., on December 13; Cissie Saunders, 44, Douglas Road, Brondesbury, £1 2s., on November 14; Eleanor Abbott, 25, Chevening Road, Kansal Rise, 11s. 6d., on November 25; Lydia Jane Perrin, 25, Chevening Road, Kensal Rise, 10s. 6d., on September 5; Annie Elizabeth Blant, 22, Crediton Road, Kensal Rise, £1 4s., on November 25; and James Chapple Thomas, Chevening Road, £2, on September 29. In all cases the receipts were signed by prisoner as for Coleman and Co.
EDWARD NORRIS , trading as B. Whitworth and Co., coal merchants, 4, Uxbridge Road. In August, 1905, I entered into a verbal agreement with the defendant to take orders, collect money, and pay it over as he received it. He was to obtain the orders in the name of Coleman and Co., in which name he had previously traded, and Whitworth and Co. were to deliver the coals. He was to pay in the money on Wednesdays and Saturdays and to take his commission on Saturday. That arrangement continued until December, 1905, when it was thought better to have the agreement produced drawn up Prisoner had a solicitor acting for him in the matter, and I acted for myself. By that agreement the commission varied from 1s. 6d. to 3s., according to the kind of coal. The terms of the agreement were carried out satisfactorily, so far as I know, until October of last year. In November I Wrote to him calling his attention to the amount outstanding, and he wrote in reply that he had not realised that the amount was anything like £130. By the agreement, if I refuted to execute any order, I was to give notice to that effect within 72 hours, and prisoner was then to be at liberty to place the order elsewhere. The account rendered for Saturday, October 3, does not show the payment by Mr. Thomas. I have never received that money, and it has never been in any subsequent account. I have heard the evidence given by the other witnesses as to the payment of certain sums, and I have never received any of them. The accounts of prisoner were generally received by one of my clerks. Eventually I obtained a warrant.
Cross-examined. I had not known prisoner before he came to me. He said that he knew a good many of our customers, and they had always said we gave such excellent quality that he had great confidence in asking us to do business. The arrangement was that when
he got orders he was to place those orders with us. On unpaid orders prisoner was entitled to draw 50 per cent. of his commission and the balance upon payment. When the agreement was terminated, on December 8, I think, about £120 was due from prisoner's customers, and he would be entitled to 50 per cent, of his commission when that money was paid, if it was paid within the year. I do not think that up to December 8 we had received any money on his orders. Up to that time we had not been to the customers, as we did not know that he was appropriating our money. Prisoner gave notice to terminate the agreement. We did not provide prisoner with stationery. I have within the last few months brought actions against some of the customers in the Marylebone County Court and have obtained judgment in all of them.
Re-examined. The agreement provided that prisoner should use his best endeavotirs to collect and get in all moneys due in respect of the orders he obtained, and pay over all amounts collected to the said E. Norris in full, and without any deductions whatsoever on Wednesday and Saturday in every week. On one occasion when he said he was travelling for another firm he paid on Thursday. I never gave him leave to keep the money which was paid to him.
To a Juror. No salary was paid to prisoner. He was paid half a crown weekly for the expense of coming to our office.
HENRY NEALE , cashier. CHARLES ERNEST FINK, collector, and WILLIAM BUGDEN, collector, all in the employ of the prosecutor, gave evidence that none of the amounts in the indictments appeared in accounts received by them from prisoner.
Sergeant WILLIAM BURRKLL, X Division. At 10. 30 on the morning of January 18 prisoner came to the Nothing Dale Police Station, and said, "Are you Mr. Burrell?" I said, "Yes." He said, "I hear that you hold a warrant for my arrest for embezzlement. I want to give myself up."I read the warrant to him, and he said, "All right."
Mr. Kyffin submitted that there was no ease under the Larceny Act of 1901, and that prisoner had received the money for himself under the agreement of December 19,1905. The first important point was the consideration, and the consideration of the agreement was "mutual advantage in trading," showing that these were two traders entering into an agreement and that it was not an agreement between an agent and a principal. By the second clause of the agreement prisoner agreed to can vass or to appoint a canvasser or canvassers to solicit orders for coals from customers, "which orders he will deliver to the said E. Norris to execute for the customers." Clause 4 provided that the prosecutor "in respect of all orders accepted will only deliver to customers coals of such collieries as may be specified by the said K. J. South," so that South bad an absolute right to say where the coal was to come from. With regard to section 5, "the said E. Norris, whilst reserving right to refuse to execute any orders, shall execute all orders delivered in by the said H. J. South, unless he, the said E. Norris, shall give notice in writing to the said R. J. South of such refusal," and it was clear there must be a double acceptance. If notice of refusal was given prisoner was entitled to take his order elsewhere.
The Common Serjeant: Where the canvasser is employed strictly as a traveller, the principal need not supply the order. Of course a man may be an agent with power to make a contract, but a mere canvasser for orders has no power to bind his employer to deliver goods to a man who is insolvent.
Mr. Kyffin submitted the Agreement was no more than a civil agreement, and either party breaking it must be sued for breach.
The Common Serjeant: "The said Robert John South shall, during this agreement, use his best endeavours to collect and get in all moneys due in respect of such orders, and pay over all moneys collected to Edward Norris in full and without any deduction."
Mr. Kyffin: "Due," not "due to E. Norris," but it must be paid to E. Norris Prosecutor did not know these people, and they did not know him.
The Common Serjeant: Then he is an undisclosed principal.
Mr. Kyffin: Prosecutor has the right to trade as Coleman and Co., but it does not say the prisoner has not the right to trade as Coleman and Co. as welt. I submit that on the tenor of the whole agreement it is clear this man was trading as Coleman and Co., whether or not he gave the right to prosecutor to trade in that name.
The Common Serjeant: South gives Norris the right to trade as Coleman and Co. Therefore, as between Coleman and Co. and Norris, Norris is an undisclosed principal. I do not say it follows that that brings it within the statute. South agrees and is authorised to receive money, but I do not suppose any county court or any other court would enable Norris to recover sums paid to South. What was paid to South was clearly paid rightly.
Mr. Kyffin: South had a right to the money. He had got the order.
The Common Serjeant: The payment to South was payment to the proper person and the only person known to the customer; therefore, if the pretest prosecutor came forward and said, "I will recover in my own name from the customer," he would have the right to do so.
Mr. Kyffin: He has no right to do that until a certain time. That is clearly set out in the agreement. Here are two people trading absolutely separately and until prisoner has failed to get in his account and a reasonable time has elapsed, Norris cannot apply for these accounts. Prisoner gets the orders, but has not the capital to get the coal for himself, and enters into an agreement with another, coal merchant that he shall supply him with coals, and the profit he makes is the royalty or commission. Under section 1 sub-section 1 of Finlay's Act the receipt is only relative to the person who gives it, and the person who gives it gives it not to Norris but to South, and South receives it not for Norris but for himself.
The Common Serjeant: These sections, according to my view, most be construed very strictly. They are not intended, of course, to cover people for merely not paving over money, and we must be very careful that they are not extended to that.
Mr. Curtis-Bennett submitted that this was just the class of case the Act was passed to meet Prisoner South having been a trader had given up being a trader and become a canvasser on commission directly this agreement was entered into, because at that time he was giving up all right to deliver any coal himself though reserving to himself power to say from which colliery the coal should be delivered. South was acting for and on behalf of Norris in all these dealings, as to the order itself and as to the delivery of the coal, and also as to the payment of the money, because under section 6 he undertook to accept the money, not to keep it for himself as a separate trader would, not to keep what he himself might think right for obtaining the order, but to pay the whole sum over, giving the right to Norm to pay him as his canvasser the amount of commission which Norris might think the right amount. The relationship of principal and agent being thus established the case clearly came under this particular section of the Larency Act of 1901.
The Common Serjeant: It is a very doubtful question whether if I leave this to the jury and the jury find a verdict against the present defendant, there would be a case which one could in any practical form state to the court above as to this written agreement. I do not see anything at all clear upon it. Are you both agreed that there is nothing except the written agreement to go by?
Mr. Kyffin: There is nothing except the letters, and they all say that it is the terms of the agreement that we must abide by. I quite agree that there is nothing outside the agreement.
The Common Serjeant: If the effect of the agreement is that he was to account to Norris on one side and Norris was to account to him on the other, it is merely
the case of the principal and undisclosed amok; and even if he thought he was guilty he would not be guilty. Under the old law, if you took property belonging to a partnership, even though you thought you were stealing, still you were not. My view it, and 1 think I am supported in that by other people, that the amending Larceny Act is really intended to cover cases which are toe same as larceny or embezzlement where all the other elements are present except the position of the parties being master and servant. Of course, there are other cases which the Act refers to where the question is a different one, but in cases similar to embezzlement, like this case, the question, I think, really is, Is the prisoner guilty of doing what would amount to embezzlement, although he is not strictly a clerk or servant?
(Friday, March 1.)
The Common Serjeant said that having considered the case he had come to the conclusion there was no case to go to the jury. The question was a difficult one, but so far as he had to deal with it it was a mere question of law. Prisoner being indicted for converting money to his own use, he had received the money under a written agreement by which he and the prosecutor agreed to act for considerations of "mutual advantage in trading." The case was complicated by the fact that Norris, the prosecutor, was for the time being entitled to the style of the firm of "W. Coleman and Co.," and under that prosecutor supplied the coal to the customers, but these people did not know him at all. They knew South by the name of Coleman and Co.; he was the only person who had any bargain with them, and they paid him not because he represented Norris but because he was the person who made the barga in with them, the only bargain to which they were parties, they giving it to him for himself. Then there was a contract between him and Morris that he should pay the money he received over to Norris without any deduction for commission. Taking the case as it stood without having heard the defence there was plenty of ground for saying that when prisoner omitted the names of people from whom he had received money and did not pay over the money and kept more than he was entitled to he was acting dishonestly. But that was not the charge. The charge was that he kept back money dishonestly, omitted to make an entry or made false entries, having received the money for Norris, but he thought that the effect of the agreement was that as between prisoner and those who paid him he received the money absolutely for himself. They knew nothing of Norris and the whole contract was between the customers and prisoner. As to the clause that prisoner was to pay the whole of the money to Norris, the legal effect of it was not that he received the money for Norris but that there was a contract that when he received it he should pay it over. A contract that a person should pay money over did not in itself imply that the person receiving the money received it for the other but was a separate contract, a civil contract. In this case where prisoner was the only person known to the customers and received from them, he did not think that amounted to receiving for Norris. Therefore, without saying that the defendant South might not possibly be indicted for something or other, he did not think he was guilty of this charge.
Verdict, Not guilty.
FOURTH COURT; Thursday, February 28.
(Before Judge Lumley Smith.)
THOMPSON, Thomas, pleaded guilty to having been entrusted by Kennard Bagot Delabere with certain property, to wit, cheques for £800, £500, and £100 respectively; by Elizabeth Dyson, with a cheque for £310 11s.; by Henry McAnulty, with a cheque for £140 18s. 6d.; by Charles Howard Saunders, with a cheque for £66 15s. 1d.; and by Joseph Robinson, with a cheque for £69 5s. 1d. for certain purposes, did in each case fraudulently convert the said property to his own use and benefit. Sentence, 18 months' imprisonment, second division.
Mr. Thorne for the prosecution.
RONALD CHARLES POWER , managing director of John Esson and Son, Limited. I have been managing director of the company (printers engineers) since July, 1906. Prisoner was secretary of the company. On April 6, 1905, at a meeting of the directors, it was resolved that C. F. Farmery be appointed secretary of the company, on terms to be arranged hereafter. His duties were to keep the books, with the exception of the wages book, and attend to the general secretary work. The ledger and cash book were not in his handwriting. Exhibit 1 is a receipt given to the London Parcel Delivery Company on April, 1906. Exhibit 2 is a receipt given to Hollick Bros, and Abbott for £1 8s. 6d. on April 26, 1906; both are in prisoners handwriting Exhibit 6 is a receipt given to Parkins and Gotto for 18s. 2d. On June 28, 1906, signed by prisoner. Exhibit 4 is a receipt given to Messrs. Sprague and Co. for 9s. 9d. on October 8. 1906, signed by prisoner. Exhibit 5 is a receipt given to the London Parcels Delivery Company for £3 14s. 6d. on December 31, 1906. signed by prisoner. On January 4, 1907, he tendered his resignation. At the beginning of this year certain information reached us about defilestions, and on January 4 a meeting of the directors was held, at which Messrs. Foster, Power, Alfred W. Letts, and Hart, the auditor, were present. At that meeting the defendant was taxed with having embezzled the money of the company, and the auditor's letter was read and he was asked to explain the discrepancy. The meeting was adjourned till the 8th to enable him to make out a statement, and at this meeting, at which Messrs. Foster, and Letts, and myself ware present, the prisoner stated he had not got the statement ready. The meeting was adjourned at his request. On the 9th we received Exhibit 9 from prisoner: "Dear Sir,—I have finished the cash book, and it is now in the hands of Mr. Hart's people. I am leaving now to see some friends on this matter. I hope to submit statement tomorrow for consideration."On the 14th another meeting was held and prisoner was called in. Before he was called in a letter was read from him enclosing a list of accounts received and not paid in, and stating: "I am, I regret to say, at the moment unable to find a guarantee. Although, as I have already crone, I admit my own faults, I ought not to be made responsible for others. That the Messrs. Hart have received moneys from me, from to time, which they compelled me to take from the funds of the company, the following
list will show. "Then a list was given. The letter went on: "At the date of commencement of business by the company mr. J. Esson was only to draw £3 a week—his fees as chairman—but this at his instigation was made up to £5 per week, the amount he had previously been drawing, until the date of the arrangement being made by the company to pay him an additional sum weekly in respect of dividends in anticipation. Mr. Charles Esson, under his contract with the company, was to receive £6 weekly, but knowingly drew £7, and although I had pointed this out to him he requested me not to say anything about it. Numerous other sums were used on behalf of the vendors which at the moment I cannot identify, but which doubtless can be substantiated upon further reference. In addition to these, Mr. John Esson drew his gardener's money through the sages, and me. diaries Esson also drew through the same account £2 a week for some weeks, in the name of Hollis, in respect of a man who, as far as the company was concerned, was not in the employment of the company. These items can be substantiated by reference to the wages book. Enclosed is a list of the accounts received and not paid into the bank, subject to verification, as I have no means of reference, by which you will see the amount is in excess of that previously mentioned, and some of which has been utilised in the manner referred to above. I have to express my deepest regret at what has occurred, and to tender every possible apology; but the circumstances attendant upon the formation of the company, and since, have been such as to place me in an extraordinarily difficult position, and in new of all the conditions of the matter I crave that leniency and consideration may be shown me. I am using every possible effort to make whatever reparation is necessary, as far as myself is concerned, bus I am afraid I may be unable to obtain guarantee to cover the responsibility of others, which they should admit. In conclusion, I would respectfully say that I am not making these statements in mitigation of or as any excuse for my own errors, but in an endeavor to show that I am not solely to blame; and in leaving myself in your hands, I beseech the board to review the matter in as favourable a light at possible, as I have my mother, my wife, and three little children dependent upon me." There are a large number of items in the list—there is a sum of £3 15s. from the L. P. D. C., and £1 8s. 6d. from Hollick Bros, and Abbott, and 18s. 2d. from Parkins and Gotto, and 9s. 9d. from Sprague and Company, and £3 14s. 6d. from L. P. D. C, all of which are referred to in the foregoing receipts. There is no entry in the cash book or the ledger for this amount. There was a meeting on February 5, at which it was resolved that criminal proceedings should be instituted, and we gave prisoner into the charge of the City Police.
Cross-examined. I had no connection with the company before I was appointed managing director. Prior to that date it was carried on as a private firm by the Essons. The letter of January 12 says: Messrs. Esson have received moneys from me from time to time which they compelled me to take from the funds of the company.
The prisoner was connected with the business before it was formal into a company. I am managing director, Mr. Letts is a director Mr. John Esson is chairman, and Mr. Foster is a director.
ALFRED WOODLEY LETTS , director of Esson and Son. I joined the board this time last year. I have seen the five receipts signed by the defendant. The amounts do not appear in the cash book or ledger. (Witness corroborated the evidence of the previous witness as to what occurred at the board meetings.)
JOHN ESSON . In April, 1905, the company was formed, of which I was appointed chairman, and Charles Esson, my son, was appointed managing director. In July, 1906, Mr. Power became director, and he brought in £3,000. Subsequently my son ceased to be managing director and became director. He was induced to give up that position in favour of Mr. Power. The prisoner had been in our service before the company was fawned as clerk. He alto managed my private affairs in Liverpool. When the company was formed he was appointed secretary and he continued to manage my private business. Everything passed through his hands. He had the power of drawing cheques on my private account. I do not know what has become of the pass book. Prisoner has not given me an account of the moneys received on my behalf. I treated him as confidential clerk for yeans past.
Cross-examined. He had been in my employment eighteen years and he succeeded a man who robbed me to a considerable extent. His salary was raised from time to time, and I frequently gave him £5 or £10 in addition. Prideaux, Baker, and Frere, 48, Lincoln's Inn Fields, were our accountants, and they have been in the habit of auditing the accounts for a considerable number of years. Our books were made up prior to the formation of the company, and were presented to Prideaux and Company for the purpose of certifying the figures and they refused to certify them. Prisoner made up the books by our instructions, and they were submitted to Gillespie Brothers, who also refused to certify the figures. That was when Mr. Foster came on the scene. I was introduced to him by Mr. Wade. Mr. Hart certified the figures. The total issue of shares was £50,000, of which £30,000 was Ordinary. I have received money from prisoner for expenses, which have been debited to the company in the books.
CHARLES ESSON . Up to 1905 I was in partnership with my father, and, on the formation of the company in April, 1905, I was managing director, but subsequently Mr. Power was appointed joint managing director, and last September I retired and Mr. Power was appointed sole managing director. I did not continue to be director. Prisoner had been in our employment before the formation of the company. In 1902 I lent prisoner £60. The cheques produced passed between us. I have seen time letter of January 12. He then paid me part of those loans—either £15 or £20. It was in repayment of a private debt owing by him to Mr. Prisoner admitted at the board meeting that I lent him the money. In the letter of January 12 prisoner refers
to a sum of £9 18s. 6d., which he gave me to pay rates at Lyndenhurst, But I have no recollection of his giving me anything. He would collect accounts owing to the old firm and pay us accounts generally.
Cross-examined. I have received one or two cash payments from tine to time. During the last three years there have been a variety of transactions between us. There was some question about jewellery in pawn. My sister paid most of the interest on that. It is possible I have written him letters asking him to send me money. I do not recollect writing in May or August. I know the entry with regard to Hollis. He was a traveller. His real name was Sydney Taylor. Honey used to be sent by a registered letter by the prime cost ledger clerk every Saturday. He was employed by me for the firm, and he introduced some work. £2 a week was paid him. He introduced one good account. It was stopped after a couple of months. I was familiar with the history of the formation of the company and knew that the auditors refused to certify the figures. I retired in September by request.
Detective-Sergeant WILLIAM NEWALL, City Police. On February 1 I saw prisoner at 104, Fetter Lane, the premises of Esson and Son, and I told him I was going to arrest him for embezzling certain moneys belonging To the firm, for which he had not accounted. I showed him the six receipts, also Exhibit 7, and told him he would be charged with embezzling about £450. He said. "Yes." The handwriting in Exhibit 7 is not his; he said it was his mother's handwriting.
employment at the time when the business was formed into a company. I took part in the preparation of the accounts under the direction of the vendors, J. and C. Esson, and I was appointed secretary. After the company was formed they got in financial difficultties, and there were four or five distraints for accounts. All the assets of the old firm, with the exception, of the book debts, were assigned to the company, so there was nothing to seize. I have assisted them from time to time in their difficulties by giving cash to John and Charles Esson. I have a bundle of accommodation cheques which I gave to the Essons, and there has been a give and take in the accounts, with respect to that accommodation. After the formation of the company, John Esson continued chairman and Charles Esson was managing director. Mr. Foster was chief director Since the formation of the company, I have assisted the Essons with sums of money to a great extent. I gave a list of such as I could recollect in the letter of January 12. Those represent sums which I have paid. on behalf of the Essons out of the funds of the company be the direction of Charles and John Esson, who were the persons who instructed me in my duties. No record, in fact, appears in the books of these sums having been paid. Any money that came in was kept and put in the safe to accumulate. At the meeting of the directors on January 14 Mr. Foster said that I ought to find a guarantee to restore the money, and that if I was unable to do so the result would be disastrous. I saw some of my friends, but they would not have anything to do with the matter. In my letter I stated, "I am afraid I may be unable to obtain guarantee to cover the responsibility of others, which they should admit."That refers to John and Charles Esson. There had been one guinea a week drawn for some years by John Esson for his gardener because he said he would not be able to get on without him, and he used to take it to him in an envelope, and I was asked not to disclose it to the other directors. They would not notice it under the name "Gardener," but, in fact, there was no such person employed in the business Charles Esson his asked me from. time to time to send him money, which I have done out of the money which I had at my disposal belonging to the company.
Cross-examined. The sums of money amounting to £143 were all paid over to Charles and John Esson, I did not put the money in my own pocket. Mr. Power had the key of the safe. When I received the sum of £3 15s. from L. P. D. C., on March 23, I did. not put it into my pocket but I put it in the safe. With regard to £1 3s. 8d. received from Hollick Brothers in April, I put that in the safe. I did not 'put it in my pocket, nor did I put the sum of 9s. 9d. from Sprague and Company, or the sum of £3 14s. 6d. received from L. P. D. C. into my pocket, but into the safe. I kept a note of these sums, from which this account was made u)p. These amounts were not put into the cash book because I was told not to do so by John and Charles Esson
John and Charles Esson asked me to falsify the books. I thought I was doing an honest thing. under the circumstances, because both John And Charles Esson had been rendered penniless by the company.
Verdict. Not guilty.
MILES. Frederick (25, barman) ; obtaining by false pretences three coils of rubber from W. J. Bellamy, and two lamps and 11s. in money from Harold Lewis Batty, with intent to defraud; attempting to obtain by false pretences from the Caoutchouc and General Trading Company. Limited, four coils of rubber tyre, with intent to defraud.
AMY DIPLOCK , typist, employed by the Provincial Rubber Company, 3, Artillery Lane, E. C. I remember receiving a telephone message. on January 15, and I communicated with Mr. Bellamy, the manager of the company, in the afternoon.
I took it from him, and gave it to my sister to take it to the second floor. I received a communication from Mr. Bellamy, end I gave the man the rubber as instructed. There were two 58 ft. coils of No. 1 and two 58 ft. coils of No. 2 section. The price was £21 16s. He put it into his shop. He signed for it in the book, "Baker."I subsequently laid an information, and I saw the. prisoner again on January 24, in Bush Lane, when Sergeant Boreham arrested him. I knew a man Brown in Westminster, a cab proprietor. I do not know whether he lived at 15, York Street.
(Friday, March 1.)
WILLIAM JOHN BELLAMY , manager of the London and Provincial Robber Company. I received from Miss Diplock a communication with regard to a telephone message on January 15 a little after three o'clock. Prisoner came to our premises on the same day about half-past five. I received an envelope containing a letter, "15, York wrest, Westminster, January 15, 1907.—Re ordering by telephone for two coils of 1 1/4; cab, one coil 1 1/2 trade rubber. To oblige G. Brown." There was a cheque enclosed for £21 16s. on the London and County Bank, Victoria Street, payable to Charles F. Burbridge and Co. We have a customer in Westminster of that name, but I did not know the address of 15, York Street. I thought it was our customer, as he has three or four different places in Westminster. I gave instructions to the warehouseman to deliver the goods, and they were delivered to the value of £21 16s. The cheque was paid into the bank the next. morning, and it was returned marked "No account."
Lewis, 44, Prince's Street, Westminster. The price was £11 4s. Pri-soner called, and said he came from me. Lewis He brought a letter, "44, Prince's Street, Westminster.—Re order by telephone for a pair of lamps, £11 4s. Enclosed cheque for same.—A. Lewis." The cheque was numbered 98096, for £11 4s. I took the cheque to the cashier. I paid prisoner 11s. discount for cash. He took the lamps away and the 11s. The cheque was returned marked "No account"
BENJAMIN LEWIS , motor car dealer, King's Cross. I bought the two lamps produced on January 19 from a man that we sell our waste rubber to. (The last witness identified the lamps as being those that were sold.)
STANLEY GEO ROE MCLEOD , traveller, Caoutchouc and General Trading Company. On January 24 I received a telephone message at 3. 15 from George Brown, of Buckingham Palace Road. He wanted to know the price of cab tyres, 1 3/4 section, and I gave him the price. He said he would send a man down with a cheque for about three coils and possibly he would send some 1 1/2 in rubber in future. I made the communication to Mr. Fincham, the manager. I saw prisoner at the office at 28 minutes to six. I went to Mr. Fincham. and he told me to keep the man waiting, which I did. He said he was sent from Mr. George Brown. He was subsequently arrested.
HERBERT MEADOWS , employed by the Caoutchouc and General Trading Company. I remember prisoner calling at Bush Lane on January 24. He handed me an envelope enclosing a cheque drawn on the London and County Bank for 28s. 8d. by George Brown (all three cheques were in consecutive numbers).
Mr. FINCHAM, manager of the Caoutchouc and General Trading Company. On January 24 I communicated with the police, and prisoner was arrested outside the office.
BERTIE GEORGE PORTER , clerk in the London and County Bank, Victoria Street. The cheque produced was presented marked "No account."Mr. Charles Munyard's account was closed on December 2, 1903. The cheque came from Charles Munyard's book issued on August 15. 1903. There is no account at the bank in the name of George Brown or Lewis.
CHARLES MUNYARD , licensed victualler. I had an account at the London and County Bank, Westminster, and I received cheque-book in August, 1903, which I have lost. I have not had any transactions with the bank since 1903.
Detective Sergeant BAREHAM recalled. I received the warrant on January 19 for the arrest of the 'prisoner. On the 24th I arrested him in Bush Lane. I said, "I am an officer, and I have a warrant for your arrest." I took him into a doorway and read it to him, and he said, "I. was sent by Mr. Brown, of Kilburn, to that address. I met him every day in a public-house in Moorgate Street."At the police-station he said, "I used to go to meet him at the Mansion House." He gave his name as Frederick Miles. There is no such place as 15, York Street, Westminster; it has been pulled down 22 years.
FREDERICK MILES (prisoner, on oath.) I live with my father at 39, Victoria Buildings, Mile End. I took a letter to Mr. Bellamy from George Brown. I have known him three and a half years. I knew him when I was a barman. I met him about a week after Christmas at London Bridge, and the asked me if I was in work. I said, "No." He said, "If you like to meet me tomorrow I might find you something." I arranged to meet him at Liverpool Street, but never saw him. One Saturday I met him in Liverpool Street, and he said, "If you meet me on Monday I can do something for you."I met him at 9. 30 next morning. He drove up in a trap. On January 15 he said he wanted me to go to an address in Artillery Lane, to the London tad Provincial Rubber Company, and get three coils of rubber. I went with the trap and took the letter in, and received the rubber. I went back to Moorgate Street and met Brown. I left him at Shore-ditch Church and he went to Hackney. He gave me 4s. I signed the name Baker because he told me to do so. On the 19th he gave me a letter to Salisbury's, in Long Acre. I took a letter and received the lamps, and signed in the name of Lewis. Brown drove up in the trap and took the lamps. On the 24th I went to the Rubber Company with a letter. We came from Waterloo Road. He gave me a note with the address on it, and I was to get four coils of rubber. Then I was arrested. I told the officer who read the warrant that I was sent by Mr. Brown, of Kilburn. He said he came from Kilburn every morning with the trap. I said to tile officer I do not know his ad-dress; I met him every day in a public-house in Moorgate Street. I was arrested in Bush Lane, Cannon Street. (Prisoner was asked to write on a sheet of paper the words, "G. Brown," and "Re order by telephone," and "A Lewis. ") I did not know what was in the envelope, end on each occasion I took the material back to Brown. During the whole time I have met him at a public-house in Moorgate Street. He was a dealer in different things like rubber, lamps, etc. Verdict, Guilty. Sentence, 18 months' hard labour.
OLD COURT; Friday, March 1.
(Before Mr. Justice Ridley.)
STAFFORD, William (28, platelayer) ; unlawfully and carnally knowing Florence Emily Summerfield, knowing at the time she was an idiot or imbecile; and also indecently assaulting her. Prisoner pleaded not guilty to the full offence, but guilty of the attempt to commit the offence. Sentence, Six months' hard labour.
Mr. Symmons and Mr. Arnold Ward prosecuted; Mr. Curtis-Ben-nett defended.
Police-constable WILFRID LOCK, 568 T, proved a ground plan of the road in front of the house. 50, Comeragh Road, W. Kensington and a front elevation of the house; there were two bullet marks on the door.
MABEL BAKER , house-parlourmaid to Captain Trefry, at 50. Come-ragh Road, West Kensington. I knew prisoner first about a year ago. In 1905 I was living at home with my parents and was a dairy servant at Talgarth Road. It was then I made prisoners acquaint-ance. nearly 18 months ago. I am 18 and prisoner says he is the same. I began to walk out with him when I became acquainted with him. We used to write letters to each other and I have a number of his now. I went into Captain Trefry's employment in May last year. There was a cook there named Edith. I still kept up the friendship with prisoner. Towards the end of November or beginning of Dacem-ber we were not so friendly. He wrote a letter which I did not like. This cannot be found, but there was something very rude in it and I was cross about it. We went to Ealing early in December together, put never spoke of the matter. After that we were not so friendly. I wrote and told him I was angry at Ealing and I gave him up; I told him I did not want him. He said he would have me, or be would not have anybody else. He was angry about it I would not make it up. I did not write to him any more and I never saw him till January 4. I only received a card from him at Christmas. My evenings out are every alternate Sunday and every Tuesday. On January 4, which was Friday, I went out, as I could not go on the Tuesday. I found prisoner waiting for me in Comeragh Road. I had no appointment with him. I told him I did not want him to come with me. He said he would come with me and followed me. He walked with me as far as the Broadway. I went into a shop just out of the Broadway and he waited outside. I was wearing a ring, and he saw it on my finger. He took it off and asked who gave it me I said a girl. Then I told him it was Edith Harrison. She did not give me the ring, because I bought it myself. He said a girl could not give me such a ring, and he took it and bent it against the wall and would not give it me back again until he had bent it. I was very cross with him. I went straight back to Comeragh Road and he followed me. We were on very bad terms. He had broken a ring before and thrown it over a wall. At one time he asked me to go down to Osterley with him, and because I would not go he banged me up against the railing. He was continually asking me to go down. After the ring incident I did not see him till January 29. I never knew anything about his having a revolver. He had not told me. He told me Osterley Station was very lonely. January 29 was my Sunday but I stayed in because I did not want to go out to see anybody. On the Tuesday, which was also my evening out, I had not done so,
until Captain Trefry asked me to get some tobacco and I went out and got some and came straight back again, getting as far as the door safely. After I had rung the bell I stood facing the road opposite, Gledstane Road, and saw prisoner coming round by the lamppost in Gledstane Road. He crossed the road and stood on the middle of the pavement in front of Mr. He looked at me for a few moments, and I turned to see if the door was opened, when he fired at me three times. I felt something going in my shoulder. I stood up till the door was opened, and then fell down. The cook opened the door, and I was taken in. When the policeman came I was taken to the West London Hospital. I stayed there nearly a fortnight. (Coat pro-duced.) There is a hole in the coat. I was turning away from the door when I was struck.
Cross-examined. Prisoner told me he was 18 on December 29. We were not so friendly when I told him I wanted to give him up. I had had the letter I did not like before the visit to Ealing. I used to go out as soon as my work was finished, about seven or after, and had to be in at 10. The Tuesdays out were sometimes altered. I told prisoner I was not going out with anyone else. He had never threat-ened to shoot Mr. He gave me to understand he was very fond of me. I did not tell him an untruth about the ring to make him jealous. I did not want him to know where it came from. He told me he was nervous at Osterley Park. The other fellow, he said, had girls to stay with him there. I always refused to go there. He never told me about a man being stabbed there. He said there was not much money there. On January 29 prisoner was coming to me down a road I had not been in. He was not following Mr. He came and stood on the pavement. He did not look the same as usual; I thought there was something wrong. He looked wild. After he had fired he came straight up to me.
EDITH HARRISON , cook to Captain Trefry. I remember Mabel Baker going out on January 29. She was away about 20 minutes to half an hour. I was upstairs in a bedroom when the bell rang and I answered it almost at once. I heard two reports, which I thought were fireworks. I saw Mabel Baker outside the door when I got to the bottom of the stairs. When I was undoing the door I heard a third report, and Mabel fell. I opened the door and ran and told Captain Trefry that Mabel was shot. She was lying with her head on the doorstep and her body on the tiles. I saw prisoner and said, "It is you Pope. What have you done?" He said, "I have shot her." I did not notice anything in his hands then, but a few minutes after I saw a revolver, which Captain Trefry took away. I then fetched the police.
Cross-examined. Prisoner made no attempt to get away. He did not speak in a natural way when he said he had shot her. He seemed in a temper. I had heard that he was very fond of Miss Baker.
29 about half-past eight. I heard three shots some time afterwards I thought it was a gas explosion. I was summoned by Edith Har pririson and went to the door. I saw Miss Baker lying there and prisoner on the tiles about 4 ft. away. I did not notice anything in his hand. As far as I remember I said, "What on earth have you been doing!" He replied, "I have shot her." I then said I must send for the police, and he said "Yes." He then moved towards the girl. I said to him. "You had better give me that," meaning the revolver. I took it I from him and handed it to the police, whom 1 sent for. I had no known prisoner before. He looked deathly white and had a wild look on his face.
Cross-examined. He made no attempt to get away. I should hardly say he wore a startled look. I should say he knew what he was doing.
Police-constable WILLIAM WILLIAMS, 721 T. On January 29 I was gammoned to 50. Comeragh Road, with another constable, about 10 past nine. Captain Trefry had detained the prisoner. The captain said, "He has shot my servant"; he had a revolver in his possession. I said to the prisoner, "It is said you have shot a girl here." He made no reply, and I arrested him. Captain Trefry handed me the revolver (produced). On the way to the station prisoner said, "I hope I have done her in."
Cross-examined. I am sure Captain Trefry said. "This man has shot my servant," and I am sure prisoner said, "I hope I have done I her in."I cannot have mistaken that for the sentence, "I hope I have not done her in." I did not take a note of it at the time. Prisoner made no attempt to get away. There was a crowd following to the station.
Re-examined. I should suggest the expression "done her in" meant he hoped he had killed her.
Police-constable GEORGE LLEWELLYN. 494 T. I went with the last witness to Comeragh Road. Mabel Baker had on the jacket (produced). She appeared to be in great pain. There was a hole through her jacket. I saw her to the hospital.
Dr. HENRY DYKE-ACLAND gave medical evidence as to the wounds of prosecutrix, and as to the illness of Dr. Webb, whose presence is Court would be dangerous to his health.
Inspector COLLINS, T Division. I was present at the police court when Dr. Webb gave the following evidence on February 18. Deposition of Dr. Gilbert Webb. "I am house surgeon at West London Hospital. About 9. 40 p.m. on January 29 I saw Mabel Baker at the hospital and examined her. She was able to stand and answer questions, but was suffering considerably from nervous shock. There was a lacerated wound on the right shoulder about the size of a two-shilling piece. It was bleeding slightly, and was situated towards the outer border of the right shoulder blade. The wound was gaping, and showed the tissues and muscles beneath. About three inches from the wound towards the back bone a mass could be felt; this was apparently the bullet. An operation was performed in three-quarters of
an hour, and the bullet extracted. I produce it. The operation wound has healed, but the bullet wound has not yet healed. The girl was discharged from the hospital on February 11, and is still outpatient under treatment. It was a slight wound. In two or three weeks the wound should be completely healed, if all goes well. (Cross-examined) I do not expect any future ill-effects from the wound." I saw the girl on the evening in question, January 29. In consequence of her statement, I went to North Fulham Police Station to the prisoner, and formally charged him with attempting to murder Mabel Baker. He said nothing except "All right. "
Inspector JOHN ELLIOTT, T Division. I was at North Fulham Police Station on January 29 when prisoner was brought in about 9.40 p.m. I received the revolver produced and extracted six cartridges. I found a gun license on prisoner. (Produced.)
Cross-examined. I saw Police-constable Williams make a note five or ten minutes after he came in.
Sergeant HARRY ARNETT. 62 T. I saw prisoner at Fulham Police Station the day in question. I cautioned him. He said, "The girl's name is Mabel Baker, a housemaid at 50, Comeragh Road. She used to be my sweetheart, and I fired two or three shots at her, which, I think, struck her in the right shoulder. She gave me up a month ago. I have seen her only once before this."Prisoner seemed very agitated.
Sergeant RICHARD NURSEY, T Division, deposed to going to the prisoner's lodgings on January 29, where he found a box with 20 live cartridges of the same calibre as those discharged from the revolver. In a wooden box in the same room he found about 31 letters' from Mabel Baker. (Letters produced.).
Inspector ELLIOTT, recalled. I searched the prisoner; there were no live cartridges found on him.
HARRY DAWKINS , Post Office clerk and grocer's assistant. I issued the license produced to prisoner. I did not ask him how old he was. I did not know then I had to do so. I took him to be about 20. I should not serve a child with one.
ALFRED EDWARD HARLOW , pawnbroker's assistant, 165, Fulham Road. On December 22 prisoner came in and asked for a revolver, which was supplied on production of license. He said he was in charge of an office on the District Railway during the night and he wanted it for protection; was in an office that contained a considerable. amount of money, and he was authorised by the company to buy it and they had allowed him the money for it and the license. I do not n member anything said about his age. (Book produced with an entry as to the transaction.) No description of revolver was entered.
Cross-examined. I did not make any note of what he said. I did not make a mistake as to what happened.
WALTER JOHN DENNIS , manager to R. Lawson and Co., outfitters, 18, King Street, Hammersmith, remembered a young man buying cartridges at his shop. He could not identify him. Witness sold him 50 cartridges.
HENRY SMITHSON , chief police inspector to the District Railway, James's Park Station, gave evidence as to the prisoner being in the employ of the company and resigning on January 23 this year owing to some small irregularity. He was employed at Charing Cross and then at Sudbury, and on August 18 last went to Osterley Park Station. There was no one else there on duty with him. There would not be more than £5 at the station. The company have a rule against carrying revolvers. They never authorised prisoner to buy one.
Cross-examined. Osterley Park is a somewhat lonely spot. I heard a man was stabbed there. Prisoner was often late at night there. He had a very good character.
Verdict. Guilty of shooting with intent to do grievous bodily harm.
Sentence, Three years' penal servitude.
STEELE, Florence Ada (married woman); feloniously setting fire to the dwelling-house of William Arthur Steele, with intent to defraud; feloniously setting fire to various things in that house under such circumstances that she would have-been guilty of felony if the house had been set fire to.
Mr. Symmons and Mr. Arnold Ward prosecuted; Mr. Curtie-Bennett defended.
Police-constable PERCIVAL ATTERSALL, 266 E, proved a plan of the house, 7, Chesterfield Street, King's Cross.
EVAN WILLIAMS , Superintendent in the London Fire Brigade. On January 17 at 4. 15 p.m. I had a call, at the Euston Fire Station. I went to 7. Chesterfield Street with a steamer and escape; a steamer was also sent from Clerkenwell Station. I found the place alight; the bedding was burning in the back room on the ground floor. The fire was put out without difficulty and I then went over the house In the back room, basement, I found two umbrellas on the floor, burning, near a chest of drawers. Of the latter, the two lower drawers were put, and paper was protruding out of each. Just inside the door and near the fireplace on the corner of the rug there was paraffin, not a pool, but it was wet. In the front room, basement, a table cloth on the table had been burned; on the table was a newspaper, smoking; on the floor there was a tea-cloth, burning; between the door and the dresser there was paraffin. On the staircase leading from the basement to the ground floor the oilcloth had been burned. There was paraffin on the side of the woodwork. On the landing at the, top there was wet paraffin on the oilcloth. By the door leading to the back room there was a pool of oil that had run under the door into the back room on the carpet. In the room the bed and bedding were alight, and the window curtains had been destroyed. In the ground floor front room there was only smoke damage, no paraffin. There was paraffin on the stairs leading to the first floor, and on the landing. In the back room, first floor, there was a pool of oil, and on the oilcloth it could be scooped up; in the oil were some half-burnt matches. In the front room was another pool of oil, just inside the door, partly under the piano. On the next floor there
was no trace of. paraffin. From my experience, I say that there had been four separate fires, all on the basement and ground floors. I stayed, at the place till five o'clock, when prisoner came in. In company with Sergeant Howell I took her over the house. I first asked her if she could account for the fire in the ground floor back room. She said she could not. I took her to the basement, and said, "How do you account for this one?"She said, "I do not know." In the basement front room she said, "I burn coals here which are rather slaty, and sparks fly out sometimes." I said, "That may account for this, but what about the other three?" She said, "I do not know. I went out about half-past two, and the. place appeared safe then." I asked her in what condition the drawers were when she went out. She said they were shut. I asked her if she was insured. She said "Yes," and the policy was at her mother's. In taking her round, I pointed out to her where the oil was, and particularly told her not to go over it, and she held up her skirts and voided the oil. I was with her all the time, and she could not have got any oil on her then.
Cross-examined. Prisoner had only just entered the house when I saw her. The matches in the pool of oil were some red and some yellow. Paraffin cannot be set light to with a match, but once fire got to the oil the whole place would very quickly be ablaze. I think the first fire was that in the ground floor back room, caused by someone setting light to the bed and bedding.
SIM RAMUS . I am the owner of 7, Chesterfield Street. Prisoner's husband became my tenant about nine months ago. Prisoner always paid the rent. About a month before the fire she wrote and said she wanted to give up the house.
FREDERICK ISAAC SHEFFIELD , loss clerk to the Phoenix Office, said that prisoner effected a policy in 1906, insuring her furniture for £250. It was in existence in January last. In 1906 there was a claim for 32s. damage from a fire caused by some curling-tongs.
Mrs. HANCHER, 150, Highfield Terrace. At the beginning of January prisoner took a second floor back room at my house. On the 11th a van arrived with some of her furniture. She told me she was leaving her then house on account of ill—health, as the work was too much for her.
HENRY WALTER OSBORN , carman, employed by last witness. On January 11 I went with a van to Chesterfield Street. Prisoner showed me what she wanted removed; the greater part of the furniture was in the first floor back room. I took two chests of drawers, a table, a sewing machine, chairs and pictures, linoleum, pots of plants, and some boxes.
valued the contents of 7, Chesterfield Street. I produce my inventory; the total value was £38 17s.
WILLIAM ARTHUR DOLWIN , oilman, 279, Gray's Inn Road. I have for some time supplied paraffin oil to prisoner. The can produced (found in the house) came from my shop. I supplied a gallon of oil to her on January 2, half a gallon on the 4th, half a gallon on the 11th, half a gallon on the 17th, half a gallon on the 24th. I usually supplied her with half a gallon a week.
Cross-examined. On November 19 I supplied to her one gallon, on the 23rd half a gallon, on the 29th one gallon, on December 4th half a gallon.
Similar evidence was, given as to other periods, to rebut the suggestion that prisoner was in January purchasing more than her usual quantity of oil.
THOMAS JAMES BRINCOMBE . I have lived at 7, Chesterfield Street about two years, occupying the second floor front room. On January 15 I left the house at six a.m., and knew nothing of the fire till I returned at night.
Cross-examined. Prisoner is a thoroughly respectable woman.
ROBERT ERNEST LANDESMAN . In January I occupied the front sitting-room and a bedroom on the ground floor of this house. On the 15th I left about 10. 20 a.m. and returned at 6. 30. When I left there was no fire or light in my rooms. There is gas in the rooms; I use paraffin lamp only late at night. On my returning home I found that a dress suit of mine which I had left in the sitting-room had been taken to the bedroom; it was burned.
WILLIAM WILSON WALKER . I lodged in the top front room since July, 1906. On January 15 I was at home in the morning and also between one and two. I saw prisoner at breakfast time; she asked me if I was coming in at tea time. I. said, "No; why?" She said she was going to be out, and if I came in she wanted me to light the gas. I said that if I did come in I would do so. I saw her again about two o'clock as I was going out; she was in the kitchen. I gave her a paper, saying, "Here's the daily paper if you want to read it." I did not return till eight at night.
Cross-examined. I had lit the gas for her on several previous occasions. She is a perfectly respectable woman.
AMELIA WALL . I live at 16, Chesterfield Street, which is five minutes' walk from No. 7. On January 15 prisoner came to me at quarter-past two to see her mother-in-law, who lodges with Mr. After staying about 10 minutes she left with her mother-in-law.
MARY DUNDAS . I live at 11, Belgrave Street, which is back to back with Chesterfield Street. On January 15, about three o'clock, I was looking out of my back room, when I saw that the ground floor back parlour of 7, Chesterfield Street, was all ablaze. I ran round and knocked at the door; nobody answered.
Cross-examined. I am sure this was about 3, not 3. 30.
knocked twice and got no answer. I saw smoke in the parlour window; the blinds were down.
Cross-examined. It was not so late as quarter-past four that Tomer spoke to me. I cannot swear to the time.
Police-constable DANIIL O'BRIEN, 236 E. On January 15 I was called by Palmer to No. 7; the front parlour I could tee through the blinds was full of smoke. I knocked at the door and Riddell came down; he did not seem much upset. I went into the front parlour and it was full of smoke. Riddell was the only one in the house.
Cross-examined. I did not much notice Riddell's condition; if he sad been drunk I should have noticed it.
Sergeant WILLIAM HOWELL, 1 E. I went to this house on the 15th with Williams, and heard his conversation with prisoner; it was about 5. 15 when she came in. She had no opportunity of getting paraffin on her skirt in going over the house. I asked her what time she had left the place, and she said about 2. 30, and that no one was in when she left, to her knowledge. I took her into custody.
Cross-examined. She repeated several times that she could not account for the fire.
(Saturday, March 2.)
JOHN RIDDELL . I occupied the top floor hack room. I paid my rent—5s. a week—to Mrs. Steele. On January 15 I went out about five o'clock or ten past in the morning and returned about quarter to four. I got in by the latch-key. When I got in I noticed smoke in he passage-way; it was fairly thick. I went to my room and I found woke all the way upstairs. I came down again, threw off my overcoat and called loudly for Mrs. Steele. I got no answer. I went up again, and looked into the kitchen; there was smoke there. The doors of the rooms were standing open. I could tee no actual fire when I looked into the rooms. I did that three times. I then went upstairs again and washed. I then heard a knock at the door, and, opening, found a constable there. He went into the front parlour. The smoke was so dense I could not get in. Then the fire brigade arrived and put out the fire.
Cross-examined. I had been in the house 15 to 20 minutes before I heard the knock. I had seen no flame during that time except in the grate. I was the only person in the house before the policeman arrived. Before the date of the fire I had not been getting home before six or seven, but on the 14th my district was changed, and I got home about four. Before the 15th I had only during the past three months been home once about four. I was summoned to the police court at one of the hearings, but I was ill—the result of a drinking, bout. I was so much upset by the fire that I took to drink.
In my room and Mr. Walker's no fire was found. There was no paraffin found above the second floor.
Re-examined. I was perfectly sober on January 15. I had not tasted any intoxicants the whole day. I do not know whether prisoner noticed me coming home earlier on the Monday. I do not think I saw her on the Monday.
Sergeant ERNEST BAXTER, E Division. On January 15 I saw prisoner at Hunter Street Police Station about seven. I took notes of her answers to Inspector Stockley. She said a lodger named Walker came home about one o'clock that afternoon and left again about half-past 2; she herself left about half-past two, and went to her mother-in-law's, at Wakefield Street. She stayed and had tea with her mother-in-law and was there about an hour. The two of them then left and went to Theobald's Road, then made a call upon an agent. She said, "I left on the table in the kitchen two evening newspapers, which I had been reading."She said she was insured in the Phoenix office for £250, and that she purchased her paraffin oil from a shop in Gray's Inn Road. The last purchase was made on January 11. She said she kept the oil-can in a corner in the basement. I was present when me. Davis made a valuation of the furniture. The house was in the same condition as at the time of the fire.
Cross-examined. I made inquiries as to prisoner's statements, and found that her statements that she had been to the house agents about four o'clock that day, and that she was insured in the Phoenix Fire Office, and also as to the paraffin purchase, were all correct.
Re-examined. I called on her mother-in-law, and she said prisoner was only there 10 minutes.
Detective-inspector JAMES STOCKLEY, E Division. On January 15 I saw prisoner at Hunter Street Station about half-past six p.m. I asked her to account for her time, and she made the statements given by. Sergeant Baxter. She could not account for the paraffin being about the house. I went and made an examination of the house. I saw paraffin in several rooms. On the stairs signs of fire, in the front kitchen, the back kitchen, in the basement, and on the ground floor in the bedroom. The can was at the bottom of the stairs just outside the front kitchen door in the basement, standing in the corner. There was nearly a pint of oil in it. Before I charged prisoner I called her attention to her skirt—some stains at the bottom of it (skirt produced). That is the skirt. I afterwards asked her to take it off. There is a strong smell of paraffin still. She said, "It sme'ls like paraffin. I must have got it when I went into the house with the firemen. " I did not know that the officer from the fire brigade had taken precautions that she should not get it on her dress.
Cross-examined. I think the stains were fresh, they appeared to be fresh. I believe prisoner had been to a house agent about selling her house and the furniture. I saw the advertisement inserted in the "Daily Chronicle" about this.
Re-examined. The policy I think was handed to the mother-inlaw. (Advertisement read) I think that is the advertisement.
FLORENCE ADA STEELE (prisoner, on oath). In January, 1905, my hatband took the house, 7, Chesterfield Street, King's Cross. It is a 10-roomed house. I ran a boarding-house business there. I bought the furniture from my mother-in-law for £75. I did the work of the house entirely myself, and in consequence became ill. I had a woman in twice a week. I suffer from an internal complaint, and at the end of last year my health was very bad; so I made up my mind to sell the house; I told one or two of the tenants so. When I say the house I mean the furniture. The house was held on a quarterly tenancy. I intended to take a few things of my own away, the bedstead and sewing machine, and things I really wanted. Those I did take to 150, Highfield Terrace, Fulham; also some ferns in pots. I left the piano behind and most of the furniture. On January 14 I inserted an advertisement in the "Daily Chronicle. "The insurance policy was taken out on January 31, 1905, directly we got into the house. It was not any wish to take it out, but my husband did it. On January 15 I did my work as usual, and ordered is groceries, etc., and one dozen bottles of stout. On that day Mr. Walker came in the kitchen and gave me a newspaper to read. I told him I was waiting for my mother-in-law, and asked him if he was coming into tea would he light the gas. That was not uncommon. My mother-in-law did not come. I left the house about half-past two; it may have been 15 or 20 minutes, I am not sure, I went straight to my mother-in-law's and had some tea. We left and went through the gardens at Gray's Inn as the clock was striking four, end went slowly along Theobalds Road to the house agent, Mr. West. I asked £80 or any offer for the furniture. I said I wanted to sell through ill—health. When I got back I was crossing the road and saw a corn-motion, and thought a motor-car had broken down, then I saw it was a fireman, and asked what was the matter. He said, "Who are you?" I said, "This it my house." He said,"Are you the landlady?" I said, "Yes." He said, "Come inside and we will show you."I went in and saw firemen and policemen. They aid the house had been on fire, could I account for it? I said, "No." The paraffin on my dress was pointed out by a man at the police station. Until then I did not know the paraffin was there. I do not think it was on my skirt when I went out at half-past two. I could not smell it. I was in too much of a state to notice. When I went out of the house the two umbrellas were in their usual place near the fire-place. The drawers I left closed. In regard to the watches found, I always used "Lightship" matches with white stems. I do not remember Superintendent Williams telling me to be careful about my dress. I did not pour the paraffin about or set light in any way to the house. I have never been in trouble before.
Cross-examined. I had advertised the place last year, I cannot remember when; about June. I do not think I have advertised it more than once or twice, it might be more. The work of the house was rather hard. I did not mind it. I was not tired of it; but I was ill, and could not do the work. No servant was kept, except the occasional woman. The things I moved away would not amount to £5. I should value what was left at more than £38, Mr. Davis's figure; I should think £50. I bought the furniture from my mother-in-law for £75. of which we had paid her half. My husband paid her when he thought he would. I knew what the furniture was insured for. I gave the policy to my mother to take care of. Previously it was left at home in the care of both my husband and myself. I took it to my mother's with other papers, because she had a safe, and I thought it was safer there. There was no one in the house when I left it, to my knowledge. I did not tell my mother-in-law I had come away and shut the door, leaving the house empty. I said I need not hurry back because if Mr. Walker is in he will light the gas. I have no doubt someone set fire to the house, but could not say who; I wish I could. I know of no one with a spite against me. My mother-in-law never spoke about the smell of my dress. At the police-station I saw there was paraffin on it. I could smell it when I lifted it up. Superintendent Williams did not put his hand out to protect my dress from the paraffin. I told my solicitor how I stooped down and my skirt went into the paraffin. That was in one of the back rooms upstairs. I got the policy back from my mother, not my mother-in-law. When at my mother-in-law's we were just talking. As to the incident of the oil, I do not think the superintendent put his finger in the oil and handed it up for me to smell. When I stooped I think it was just inside the door near the washing-stand.
To the Judge. I don't know for certain if anyone else but the lodgers had a latch-key; plenty of them have gone away with latchkeys. They were very small keys. I had no reason to suppose any lodger who had left had been about the house. My husband was in South Kensington at the time of the fire.
(Mr. Curtis-Bennett said the prisoner's mother-in-law was ill, and he was unable to call her.)
Verdict, Not guilty.
NEW COURT; Friday, March 1.
(Before the Recorder.)
MARCHMONT. Thomas (18. engineer), and REGAN, William (20, photographer), both pleaded guilty to burglary in the dwelling-house of Horatio Walker and stealing therein one gold watch and other articles, his goods, and feloniously receiving same; breaking and entering the dwelling-house of Richard Sydney Gibbs and stealing therein one lady's coat and other articles, his goods, and feloniously receiving same. Marchmont confessed to being convicted of felony at Middlesex Sessions on October 21, 1905, in the name of Harry Melmore, when he had four months for stealing clothing. He had been sent to a home for five years, and repeatedly arrested for sleeping out. Regan confessed to having been convicted of felony at Clerkenwell on July 24, 1906, when he was bound over for obtaining cameras by fraud. The prisoner was said to be deaf owing to an injury done to him by a drunken mother. Sentence, Marchmont, Two years in Borstal Prison; Regan, Nine months' hard labour.
LORENT, Emile (26, cook) ; feloniously assaulting Angelo Gilardi with intent to rob him of his moneys and goods; feloniously causing and attempting to cause to be administered to Angelo Gilardi a certain drug, to wit, chloroform, with intent thereby to enable the said E. Lorent to steal the moneys and goods of the said A. Gilardi.
Mr. Forrest Fulton prosecuted.
ANGELO GILARDI , 187, Euston Road. I am a working jeweller, doing odd jobbing work. I have no jewellery on my premises excent a few stones of small value. On January 30 prisoner asked me to repair a metal chain. He came in a day or two for it with a man named Georgio, and they asked me to repair a silver chain, which I did, and the prisoner and Georgio came to fetch it on February 4. I am Italian, and I think prisoner is so also—we spoke in Italian. They knocked at my door and came in, and I gave them the silver chain which I had repaired with a new bar. Prisoner then caught me by the neck with his two hands, and said to the other man, "Put the pocket-handkerchief under his nose—put the bottle in his mouth. " I saw the bottle (produced) afterwards—I was unconscious. Georgio did nothing to me. He did not put the handkerchief to my nose. He had the bottle and the pocket-handkerchief in his hand. I knocked on the floor with my feet and struggled with prisoner to get away from him, and stamped on the floor. Mrs. Hart who lives downstairs, came up with her son. The two men were holding me by the throat, and when she came up they went away. I was very bad; my neck was swollen. I then found the bottle on the little table in my room, and the two handkerchiefs (produced) on the floor.
MARY HART , wife of Charles Frederick Hart, shirt maker. I occupy the first floor and kitchen of 187, Euston Road. Prosecutor occupies the parlours and front kitchen. On February 4, about nine a.m., I heard knocking, loud screams, and cries of "Murder" in prosecutor's front parlour. I recognised prosecutor's voice. I went up, followed by my son, who was with me at the time. I knocked at prosecutor's door, and then went in. Prosecutor was leaning against the wall at the side of the door almost prostrate. Prisoner and a younger man walked past me out of the room. I turned my attention to prosecutor, as he seemed ill—almost prostrate. He was holding his throat, his voice was affected, and he was almost fainting. The chairs were in disorder, and mere were signs of a struggle in the
room. I attempted to detain the prisoner, and held his coat for a minute, but I cannot exactly remember how he went away, because I was so taken with the look of prosecutor he looked as though he was almost dying for the time, and I turned to see what was the matter with him. I took the bottle (produced) off the floor, and picked the two handkerchiefs off the floor just after the two men had left. There was a strong smell of chloroform in the room. I know the smell because I use it for my teeth and as medicine. I could not smell anything in the bottle. It was empty when I picked it up, and there was no cork. I afterwards identified the prisoner at Tottenham Court Road Police Station.
Cross-examined. I was not at home the previous afternoon, and do not know if anyone called for the chain.
W ILLIAM HART , son of the last witness. I live at Harlesden, and usually call on my mother on my way to business in the City. On February 4, about nine a.m., I was with my mother in her kitchen when I heard shouts of "Murder," and the stamping of feet overhead. My mother went up and entered the room, I following her. and standing at the door. Prisoner walked out of the front parlour and went out at the street door. I caught hold of his arm, and asked what he was doing. He turned to me and said, pointing at prosecutor, "Look, the old gentleman is ill." Prisoner then got away out of the house and ran down Euston Road. I ran after him. He turned up Gordon Street, through Gordon Square and Tavistock Square and back into the Euston Road, and mounted an omnibus just by St. Pancras Church. He afterwards got off the 'bus. I pursued him through Woburn Place to the corner of Marchmont Street, where I saw a constable who ran across and stopped him. I said, "I give this man in charge for attempted murder." Prisoner turned round and asked me what I said. My reply was, "Never mind what I said, you go with this constable." There was a younger man with the prisoner who ran out of the house in front of the prisoner. He went down towards King's Cross and I followed the prisoner. There was a sort of faint smell in the room—the smell of chloroform. I saw the bottle (produced) on the table.
Cross-examined. I was not in the house the evening before, and do not know about anyone coming to see prosecutor.
Police-constable MARK MARCH, 72 E. On February 4, at about nine a.m., I was on duty at the corner of Marchmont Street and Coram Street, when I heard a man cry out, and saw the prisoner running down Marchmont Street, which is about a mile from 187 Euston Road. I stopped the prisoner. Hart said. "I charge this man with murder or attempted murder."I took prisoner to the station. On the way he said, "I only wrung him round the neck for my chain. " I searched him, and found this screw-driver, pocket-knife, and silver chain (produced).
Detective-Sergeant THOMAS KING, E Division. On February 4, at 10 a.m., I saw prisoner at Hunter Street Police Station, and said, "I
am a police officer. Do you know what you are here for?" Prisoner said, "No."I said, "You are supposed to have assaulted and attempted to rob an old man at 187, Eutston Road. " The prisoner then commenced to make a statement, and I cautioned him. He continued, and I took it down. He said: "I went there with a man I know. He is not a friend of mine, but I know him as we work together at the Trocadero. We had each left a chain to be mended, and called for them this morning. The old man gave me my chain, and said he had lost the other. We asked him to pay for it, when he said, 'I will look for it; it is not of great value. As he still refused to pay sad began to shout at us I caught him by the throat. He began to call out 'Murder,' and someone came to the door and knocked—a man and woman asked what was the matter, and I said, 'The old man it mad. 'The man then opened the front door and we ran out. " I referred then to the bottle and handkerchiefs, which had been banded to me, and he said, "I do not know anything about the bottle or handkerchief. Neither I nor my friend had a handkerchief or bottle." He was then taken to Tottenham Court Road Police Station and charged. He said, "I did not intend to rob him. I only went with my friend to get his chain. You are keeping it" (pointing to prosecutor) "and wont give it back"—that is keeping his chain. Prisoner was wearing the silver chain (produced). When I took it from him he said, "This is the chain the old man mended for me. My friend's was only a cheap one."I searched the premises at 187, Euston Road. The two handkerchiefs and bottle (produced) were handed to me by Mrs. Hart. I found the cork of the bottle and also this piece of paper, in which apparently the bottle had been wrapped. The cork and paper were close to the couch. The bottle appears to have been prepared to contain a volatile liquid, because candle grease has beendropped all round the cork to close the joint between the cork and the bottle. This bottle was produced to me by Mrs. Hart, and I searched the floor and found the cork close to the door. The wax round it is intended to prevent the contents evaporating. The paper it folded at the top showing that the bottle had been wrapped up in it. (To the Recorder.) This was the front parlour. There was no stock of any kind—absolutely no watches or jewels or anything of the kind. The prosecutor tells me he keeps a little money there, but not much, and he does not keep it in view. There were no precious stones visible or anything a person could take away.
THOMAS ROSE , Divisional Surgeon. I examined the bottle (produced) on the morning of February 4. There was no odour about it, and it was quite empty. There was nothing to indicate what it bad contained. There was nothing on the handkerchiefs to indicate chloroform. Chloroform is very volatile. I examined two hours afterwards, and probably there would not be any smell within 10 minutes. I examined the prosecutor. He had a well marked injury on the right side of the neck, just below the angle of the jaw, which might have been caused by a person seizing him with the hand; the
pressure of the thumb would cause it. I saw prosecutor about 11 a.m. I saw the bottle at about 10 a.m.
Verdict. Not guilty of administering chloroform. Prisoner then pleaded guilty to assault, occasioning actual bodily harm. Sentence, 12 months' hard labour.
THIRD COURT; Friday, March 1.
(Before the Common Serjeant.)
Sir Charles Mathews and Mr. Murphy prosecuted. Mr. Marshall Hall, K. C, Mr. Huntly Jenkins, and Mr. Curtis-Bennett defended.
Prosecutors are turf commission agents, carrying on business in Jermyn Street, with an address for monetary deposits at The Hague, and the case of the prosecution is that the prisoners, having received racing results by telephone, made bets by telegraph timed previously to the actual time of their being despatched and so defrauded the prosecutors.
FRANK FREDERICK HOLLAMBY , clerk, Accountant General's Department of the Post Office. I produce original instructions for some telegrams. We preserve the originals for three months. The original instruction is called the A Form, the intermediate the B Form, and the pink delivery form the C Form. I produce an A Form of November 17. The code mark A. K. indicates that it was handed in at 1. 50, and it purports to have been despatched at 2. 8 from the Woodside Station of the South-Eastern and Chatham Railway by Nutkins "To Unplaced (prosecutors), London.—Copper (£1), Lady Ursuline, Cerise (15s.), Dexter, Blue (7s. 6d), Chiltern, snatch double, Cerise (15s.), Craigellachie."I also produce an A Form of November 24. The code letters M. I. indicate that it was handed in at 12. 45. and it was despatched at 1. 2 p.m. It is addressed, "Unplaced" and signed "Woodside" (Nutkins): "Green (£3), Mixed Dance Copper (£1), Sandy Mac Drab (£2), Golden Measure Copper (£1), Great Scot place, Scotch Lad double. " I also produce an A Form of November 27, handed in at 1. 5 and despatched at 1. 32 p.m., the addressee and sender being the same: "Copper (£1), Theodoric, Copper Attractor Brown (10s.), Biddeford Bay Brown Smoker second." I also produce the following telegrams: To "Unplaced," from "Woodside," November 30, handed in at 12. 58 and dispatched 1. 14 p.m.: "Gold (£2 10s.), Tarquinius Superbus Copper (£1), 1—2, Copper (£1), St. Anselm Brown (10s), Mr. Delamere." To "Unplaced," from "Woodside," December 1, handed in 1. 30, and dispatched 1 and 2. 50 p.m.: "Copper (£1), Cynique win and place, Copper Flutterer, Copper Oatlands. " To "Unplaced," from "Woodside," December 5, handed in 1 p.m., and
despatched 1. 12 p.m.: "Crimson (£1 10s.), Villager second Copper (£1) 1—2, Copper Jannaway win and place. Black (5s.) Villager second, Bishop second double."To "Unplaced," from "Woodside," December 6, handed in 1 p.m. and dispatched 1. 14 p.m.: "Copper (£1) Bernell win Copper place. Copper Furzey Common win Copper place. Brown (10s.) Black Ivory win Brown place."To "Unplaced," from "Woodside," December 8, handed in 1. 30 p.m. and dispatched 1. 50 p.m.: "Crimeon (£1 10s.) Dafila Copper (£1) win, Copper place, Copper Sachem win, Copper place, Black (5s.) Wild Aster, Quassia double."I produce a telegraphic money order dated November 24, despatched at 10. 6 a.m.: "John Purslove pays 2s. 6d. (two shillings sixpence) for "Racing World," 61, Fleet Street, for first result. From John Purslove, 134, Estcourt Road, South Norwood."I also produce telegrams addressed in the name of Weiss.
ARCHIBALD JAMES TRACK . I am in co-partnership with Mr. Percy Wishart, a commission agent, at 15, Jermyn Street, and at The Hague. We conduct our business in the name of Trace and Percy. The book (produced) is a copy of the rules under which we were conducting business in July of last year. The telegram address was "Unplaced, London."We had three telephone numbers, so that if engaged on one we could be rung up on another. We receive commissions by telegraph and telephone, and by poet. Rule III. is: "Commissions by wire not exceeding £2 each way must be handed in up to the set time of race. Those handed in one minute later will be void. Not exceeding £3 each way half an hour before set time of race. £5 each way one hour before set time of race. £15 each way two hours before set time of race. Special arrangements must be made for larger amounts."The following is the rule with regard to deposit accounts: "Deposit accounts may be opened from 10s. upwards with our Holland office only, and all remittances in connection therewith must be sent there. On no account can cash be received for deposits or antepost bets at the London address. After having opened a deposit account clients should telegraph their instructions to 'Unplaced, London. Deposit clients are informed that no commissions can be executed beyond the balance standing to their credit."In July last year I received the following letter from Nutkins: "69, Belmont Road, Portland Road, Woodside, South Norwood, Surrey. To Messrs. Trace and Percy. Dear Sirs,—As a friend of mine recommended you to me as the most reliable firm to work system, would you kindly forward me particulars? And oblige, yours faithfully, W. Nutkins."In response to that we sent him a copy of the rules. On July 19 we received a letter from Nutkins disclosing the system on which he proposed to bet. On July 29 we received a letter stating that he had forwarded a deposit of £15 to The Hague, and would start his system on the following Tuesday. Between August 3 and October 19 I received telegrams backing a number of horses purporting to he sent by Nutkins from the telegraph office, 71, Belmont Road, South Norwood. From week to week I furnished him with the condition
of the account as it stood. At the end of August the account was £17 7s. 7d. in credit, Nutkins having won £2 7s. 7d. By the middle of September the account was £25 Os. 7d. in credit; on October 5, £20 14s. 7d.; on October 19, £23 6s. 5d. On October 6 he wrote: "The system you have been working for me, owing to the short prices of the horses sent me, I have decided to give them a rest for a while, but you will receive bets from me, and I will state on my telegram the amount I require invested. I should be much obliged if you would send me one of your code and rule books, as I have lost my old one. I also wish to ask you in the event of me wanting to invest on a first or second favourite in any race I mention, would you work for me also?" From that time the bets were received by telegram, and the names of different colours were adopted as a code for expressing the different amounts. Up to October 26 Nutkins had drawn nothing. On that date, he wrote, "Will you kindly forward me on ten pounds (£10) to-morrow, Saturday, and deduct same from my account?" That was done, and on November 2 he again drew £5, and on November 16 £6, his credit balance then standing at £5 4s. 11d. On November 17 we received the telegram backing Lady Ursuline, Dexter, etc. Lady Ursuline won the second race at Lingfield on that day, starting at 6 to 1 against, Dexter starting at 15 to 1 was unplaced. The hour of handing in of that telegranm was 1. 50, and the race was timed to be run at 1. 45, so that under Rule 3 both those bets were off for that race, but Dexter was not off because it was also entered in a later race, but did not run. In sending the account from November 17 to 22 I entered those two bets as "too late." With reference to the telegram of November 17, Nutkins wrote, "I see it was timed handed in at 1. 50. I arrived at the booking office about 1. 42. I then wrote my telegram out and handed it in. Allowing for variation of clocks, no doubt this was 1. 50. But apart from all this, the actual time the race started by the 'Sportsman' was 1. 51. That means to say my bet was on and you cannot expect me to submit to this treatment, seeing as the race started after my telegram was banded in. I was much surprised at your enclosed—is it because it won?—as no mention was made about Dexter, which happened to run in the same race and lost. I do this with you for a little gamble, not for a living, and the reason I hive asked you to forward me one or two small cheques is because I wish to leave about £20 in your hands only, but if I am to be treated like this I would much rather withdraw and open an account with another firm. Kindly let me know by the return of post, and then I shall know what I am doing and how to act." In the November 85 account there were three beta of £1 apiece on losers received from Nutkins, and at that time his deposit was more than exhausted, and, there being no money in hand, he would not be entitled to bet. On November 24, however, I received the telegram with reference to Mixed Dance, etc. Mixed Dance was a winner on that day at Manchester, starting at 10 to 1, in the Farewell Handicap. According to
the roles, to justify a stake of £3 the bet should have been sent half an hour before the set time of the race. When the telegram was delivered I found that it purported to have been handed in at 12-45, the time at which the race ought to have started. The stake of £3 was not, therefore, within the rules. I believed that that was a genuine telegram at the time I received it, and that it had bun handed in at the hour stated. Flat racing ceased on November 24 and steeplechasing commenced. With reference to the telegram of November 27, Theodoric won at Aldershot at 11 to 2, the race being run at 1. 15 p.m., the hour appearing upon the pink form as that at which the telegram was handed in. I believed that to be a genuine telegram in the sense that ii had been handed in at that hour. No account was sent that week for the reason that the bets were void, as there remained no deposit. As a matter of fact, we were waiting for advice from Holland to see if he had sent any further cover. When the advice came no further deposit had been made. After some correspondence with Nutkins the matter was settled by allowing him the sum of £15. We did not hold him to the letter of the role, but were willing to meet him half way. If all the bets had been in order he would have had £19 12s. 5d. to his credit, and we allowed him £15 reviving the total sum of the first deposit I never sent him the account of the balance due to us. With reference to the telegram of November 30, Tarquinius Superbus won at Kempton Park as 7 to 1, the race being run at one o'clock. The telegram, purporting to have been handed in at 12. 58, before the starting time, and despatched at 1. 14 p.m., we accepted that as an order. In the next account we credited Nutkins with a win of £16 6s. 8d. on Tarquinius Superbus. The telegram of December 1, relating to Cynique, etc., purported to be handed in at half past one Cynique won at Kempton on that day at 20 to 1, the race being timed for 1. 30 p.m., and we credited Nutkins with £12 10s. in respect of that. The actual starting price is not paid. Under National Hunt Rules the limit is 10 to 1, and in flat racing 5 to 1. With reference to the telegram of December 5, backing Villager II. for £1 10s. and £1 for a place, he ran at Gatwick in a race timed to start at one o'clock. I believed nat telegram to have been handed in as stated at one o'clock, and we credited Nutkins with £4 2s. 6d. in respect of a win and place bet on Villager, and £3 17s. 6d. winning money and 15s. the place. With reference to the telegram of December 6, Berneli won at 10 to 1 at Gatwick in a race timed to start at one p.m., the apparent time of the despatch of the telegram. The double bet worked out at £12 10s., vim which Nutkins was credited. The account sent in on December 7 started with a credit of £29 16s. 8d., including the £15 placed on credit in settlement of the dispute. The winnings of that week brought the total winnings up to £71 2s. 1d., and the account was £64 7s. 1d. in credit. With regard to the telegram of December 8, Defile won in the fourth race at Sandown, starting at 1. 30. Quassia was placed. On December 14 the credit balance was £60 3s. 9d. The account continued to December 22, when the
balance stood at £53 5s. Although the account was continued, on December 6 I had communicated with the police, and from that date was acting under their instructions. On December 7 I received a letter from Kutkins asking us to forward him £30, and in reply we wrote, "We much regret that your application for £30 on account should come just when our Mr. Trace is trying to gets little recreation after a very trying business. He is coming back on Monday to sign the weekly cheques, when we shall be pleased to send you what you require. We apologise for the delay, but, you know, after a strenuous season of hard work the "heads" are glad to skip off now and again."It was not the fact that I had "skipped off" and was trying to get recreation after a very trying season. I was still in the office. That was a suggestion of the police. It was also at the suggestion of the police that, for the purpose of wiping out the account, or pretending to, a cheque of £89 13s. 4d, to the order of Mr. A. B. Barnes, was forwarded. The cheque was returned, and I tore up, but produce the counterfoil. The idea was that it should be returned, not negotiated, so as to gain time. The police were making inquiries. On December 12 we wrote, "We much regret that, through the carelessness of one of our clerks, the wrong cheque was sent you. We must get the cheque back from the other gentleman, when we will immediately send same on to you." That was, of course, not the fact, but was done to gain time. On December 16 Nutkins wrote again asking for his cheque and we replied on December 20, "We are as much annoyed as you can possibly be at the gentleman not returning your cheque before this. It can only be that he is away or laid up, and we are utterly helpless in the matter until we hear from him. We do not care about drawing the second cheque for the amount until we hold the other copy, and, even if we did, it could not be managed for a few days as our Mr. Trace is still at (Brighton and is most, seriously indisposed with the prevailing complaint of influenza. The amount is so small that you need have no fear of receiving same, but, owing in this instance to the almost unexplainable silence of our client, we are handicapped in an unprecedented manner. We trust that in the course of the next week we may be able to settle your claim." It was within my knowledge at the time that the police were busying themselves with the movements of prisoners. Police-sergeant Prothero was one of the officers engaged in the case. By December 30 we had determined to arrest them, and the magistrate at Marlborough Street granted a warrant. We are subscribers to the sporting telephone circuit of the Column Printing Company, 5, New Bridge Street, Blackfriars, who supply us with racing results, as a rule, immediately after the termination of the races. Thai is the speediest way. as far as I know, of obtaining winners. They have a large number of subscribers.
Cross-examined. Although I put the responsibility of these letters on the police I do not deny that I am the prosecutor. I have been making a book on my own account for the last four years, and have
been in business 15 years. The results of the Column Printing Company ere convenient for the purposes of my business. For instance, supposing I had a big double event out on the same day and the first horse won, I could cover against the second if I wanted to. I did not know that Purslove had for a long tuna been making a small book. I did not know anything of him before this case. We did not take any steps to inquire who Nutikins and Purslove were; we had a deposit. The object of the office at The Hague is to avoid the ready money betting Act. For the first seven weeks we charged commission on winnings. I do not think the total amount of commission is so much as 30s. It was 5 per cent, on winnings, disregarding losings. You may say this is Prothero's case, Prothero's and mine. Prothero west down for a week and took all the responsibility of the arrest. He told me he had sufficient evidence to apply for a warrant. I have been given to understand that Nutkins is working in an official position for the Bermondsey Board of Guardians, and that Purslove is a married man carrying on business as a stationer. I know that prisoners were arrested on a Sunday night, and dragged up to London on this charge. I did not know they could have been charged on a summons. There are many other telegrams in reference to which, no charge is made, some in the same weeks as those incriminated, but I had the wires before the race. We imagined that he was subscribing largely to tipping agencies. In one week he had as many as 35 bets. Sometimes he won and sometimes he lost. My experience it that backers generally drop a horse when it has won. Our rule is that when the cover has run off subsequent beta are void. We do not keep a ledger. In the week ending November 20 there were four disputed pets amounting to £16. I had no reason to doubt Nutkins on November 20. As to why I did net send him a wire to say, "Bets void, cover run out," I did not know until two days afterwards whether he had sent further cover to Holland. There would be no good telegraphing to a man after a race was over. The bet is only handed in at the set time of the race. We did not write to him next day to as to prevent him telegraphing on November 26 because we were still waiting to hear if he had sent further cover. It is a condition under our rules that if a winner comes in that is immediately treated as cover. We sent an account showing that the cover had run down to 14s. 11d., but we settled that by crediting him with £16 instead of Wing him the £19 12s. 5d., which he had won. We still had no suspicion, and had none until December 6, when Bernell won. We then consulted the police, but notwithstanding that we went on betting with him till December 21. After the receipt of the telegram of November 30 relative to Tarquinius Superbus, we wrote to Nutkins pointing out that only bets for not more than £2 could be handed in up to the set time of race, and that this applied also to Mixed Dance, and that was why the £15 had been placed to credit in accordance with our previous letter. We also said, "We must ask you to hand in according to the book of rules." That letter must have been written after Tarquinius Super bus had won, as we should not get the
wire till after the race. Out of the last eleven bets Nutkins backed eight winners. I do not suggest there was anything wrong about those bets. Those were all 5s. bets. In sending the account showing the credit of £56 5e. to the printed "with compliments" was added "of the season" by one of the clerks, who had probably overlooked one name. All this time we were writing the letters which I admit were not true. The only new fact elicited by the watching of the prisoners was that Purslove had been getting results from the" Racing World."The cheque for £89 1s. was sent by the advice of Sergeant Prothero. If prisoner bad put the name of the payee on the back and, presented it it would not have been paid, as the bank have instructions not to pay cheques over £50 without advice, so that it was automatically stopped. The cheque was not sent as a trap-to try get him to cash it. I thought he would send it back, the idea being to gain time. Prothero and I talked it over between us, and we thought that the beat way. All this phraseology with regard to our Mr. Trace being at Brighton and indisposed was quite untrue. The people in the office certainly ran away with themselves in writing those letters. At The Hague we have a box at the Post Office where letters are received, and our representative calls for them.
Re-examined. At the police court I did not know the name of the street in which our Hague office is situated. I knew we had a box at the Post Office, but I did not know where my clerk actually lived. I now know, and am prepared to tell the address. I was not the sole informant at the swearing of the information. Amongst others were the two boys from the station. The substance of the information was that after the race was run and prisoners had information as to what had won they sent these telegrams.
(Saturday, March 2.)
ARCHIBALD JAMES TRACK , recalled. From November 17, when I received the telegram, "Copper, Lady Ursuline," to the time of the arrest, I received from Nutkins or "Woodside" other telegrams asking me to put money on horses besides the seven exhibited. There are over 30 between November 17 and December 22.
Cross-examined. We keep all the telegrams we receive. I have one of November 17 putting £1 on Cannon Ball. I have 24 telegrams, not including those which are the subject matter of this indictment—in all 31. (Handed to the Court.) Telegrams chiefly come in the middle of the day, after 12 o'clock. A lot of people like to postpone their beta to the last minute. I do not remember in regard to any of the telegrams at what hour the race was run. Chiefly they came between 10 to one and 20 past two. All the transactions in respect of which telegrams were sent appear in an account.
DAISY ELIZABETH CHAMBERS . I am counter clerk and telegraphist at 140, Portland Road, South Norwood, and have been employed there from August last. There is a telephone call in the Post Office. In August there were two clerks and the postmistress, who was only there occasionally. I know prisoners, and have seen them at the
Portland Road Post Office. They began coming there in August, and came during September and half through October. During those months they used to send telegrams mainly to Weiss, of Bermondsey, and to "Unplaced, London."Those to "Unplaced, London," were signed either "Nutkins" or "W. Nutkins." Ordinarily, the telegrams were banded in, by Purslove, who came to the office, as a rule, on a bicycle. They were usually handed in at about half-past 12. I do not think I ever saw Nutkins, but Mrs. Nutkins brought them in for about a week when Purslove was away. I have seen Nutkins at the office—not on that sort of 'business, but as a customer for different things. Between August 3 and October 19 a considerable number of telegrams was handed in—almost daily. Purslove told me before he went that he was going away and asked would I see to the wires as usual as somebody else was coming. The A forms of instructions would be coded, and the messages dispatched as quickly as possible after they were handed in. They would not be delayed more than five minutes. There were invariably two telegrams and invariably to the same addresses, "Weiss" being one and "Unplaced, London," the other. I do not remember the code words at all. On November 24 last Purslove came to the office for a telegraph money order of 2s. 6d. for the "Racing World."He filled up the form produced in my presence. A telegraphic message was also sent in the name of John Purslove, 134, Escott Road, Woodside. I remember Purslove calling at the office on November 17 at about half-past one and asking me if I would look up the 'phone number of the "Racing World."Thinking he was in a hurry, I called through, but he said it would be of no use until about five to two for what he wanted and the, call was cancelled. He did not bring any telegrams on that day. I asked him on one occasion why he had ceased to bring telegrams, and he said he had used the telephone instead. He came back for the call at five minutes to two, as you can see if you look at the sheet produced. I forgot to make the entry of the call at half-past one, and then I had a report about it, and I had to put it down at the bottom. It really should have been entered at 1. 30 and marked "Cancelled."The other call is entered at two o'clock. The cost of a call for three minutes is 2d. The other young lady in charge of the office left at Christmas, and I am the only one there now.
Cross-examined. Nutkins is a customer at the shop where the post office is situated. They sell all sorts of things—amongst other things toys, and Nutkins sometimes bought toys for his children. He usually, however, came on Post Office business, but not this kind of business. I know the Woodside district pretty well, having lived there about 14 years. I do not know that Nutkins is employed as engineer at the Shirley Schools. I do not know where he works. His house is about a quarter of a mile from my shop. I did not know that Nutkins worked some distance from his house. I knew Mrs. Nutkins by sight. I know Purslove has a small stationer's shop a little further off than Nutkins's shop. I did not know that Purslove
did not live at the shop. There is also a post office called the Woodside Green Post Office, but that is not a telegraph office. You could express letters from there if you wanted to, and there is a telephone I do not know how far it is from our post office, hut I could walk there in quarter of an hour or 20 minutes. If Purslove was coming down to see anybody at the Shirley Schools or going to meet him half way the nearest telegraph office would be the Woodside Railway Station. I knew both prisoners, and it would not have been possible for them to conceal their identity from me.
Re-examined. Prisoners lived, I should think, within three minutes' walk of each other.
HARRY CUTHBERT WILLIAM WILKINSON . I am business manager of the "Racing World," 61. Fleet Street, which appears twice a week. We have four telephone numbers in connection with the paper, 88 Holborn, 1839 Holborn, 4627 Holborn, and 4632 Holborn. It is part of the business of the paper to telephone results of races at half a crown per result prepaid. A register is kept of those who by reason of previous prepayment are entitled to a telephone message. We obtain the results from the Column Printing Company through the tape. On November 17 I received the following letter: "134, Eat-court Road, Woodside, South Norwood. November 16, 1906. Dear Sir,—Will you arrange for me to receive winner of the second race to-morrow, Saturday, by telephone? Will ring you up. Have enclosed P. O. for 2s. 6d., Lingfield meeting. And oblige, J. L. Purslove."The name of Purslove appeared on the register. Purslove would ring us up, but, of course, we should not know who was at the other end. His name being on the register the information would be supplied. On November 22 I received the following letter dated November 21: "Dear Sir,—I have enclosed P. O. of 2s. 6d. for you to telephone the second winner at Manchester meeting to me Thursday, and oblige. J. L. Purslove. " All things being in order, the information would be sent. On November 24 there is the following: "Senders private message included in the official telegram of advice. For first result. Purslove. 2s. 6d." That money was telegraphed, and I assume there was a call in respect of that. On November 26 (Theodoric's race) I received the following: "Dear Sir,—Please send first result by telephone to-morrow, Tuesday. I have enclosed P. O. for 2s. 6d, Aldershot meeting. And oblige, J. L. Purslove. P. S.—I shall ring you up and give the name of Love, because you will insist on me spelling it several times, and being well-known I do not care al out it. Hoping this will be quite plain, yours, J. L. Purslove. "On November 29 (Tarquinius Super bus) he wrote: "Dear Sir,—Please let me have first result by telephone Friday. Have enclosed P. O 2s. 6d. And oblige, J. Love." Similar letters were received on December 5 (Bernell's race) and on December 7 (Quassia's race).
I know Purslove by sight. He came in on November 24 at 12. 48. The first number I called up, 1462 Holborn, waa engaged, and he gave me another number, 1839 Holbom, and he got on to that number at 12.50, and asked for the "Racing World."He gave the name of "Purslove," Woodside," and. went on to spell it. On November 27 he came again about 1.16, giving the number 1839 Holborn, and had a nine-minute call. On December 1 he was there again asking for the same number. He was there at 1.30 and left at 1. 36, having had a six-minute call on the same number. On December 5 he came again at 1.2 and left at 1.8. On December 8 he came at 128 and left at 1.34. On one occasion he said he could not hear very well, and had lost by not hearing the name of the hone. I told him be would bear better if he used the two receivers, and he said he would do so. Once he told me not to ring up for a minute or two. There is a little clock in the office. It is not there for the purpose of the public, but they can see it. When Purslove has been writing he has sometimes asked me for a 2s. 6d. order. I have sometimes seen him with a newspaper in hit hand when be came out of the telephone box, and he appeared to he writing on it. He usually went away on a bicycle. I know the railway station at Woodside, and could walk there in six minutes.
Cross-examined. I do not know the price of the clock, which has two alarums over the top. According to my clock Purslove took the cell on November 24 at 12.50, not at 12.53, as stated by the young lady at the Croydon Exchange. There is no record of the names of people calling, so I speak entirely from recollection. I have no control over the call. Miss Tiller gives the call from the exchange at Croydon. I could not heap hearing what Purslove said; he shouted so. There was no concealment I could hear correctly the whole of what he said. Purslove used the telephone on other days, but my attention was only particularly directed to those I have spoken about. Prothero, the detective, came to see about this case ever so many times, perhaps a dozen. He asked me about different things on different days.
(Monday, March 4.)
CHARLOTTE MARY TILLER . I am a telephone operator at the Croydon Exchange, and it is my duty to put the Croydon Exchange in communication with an office in town if I get a call for an office in town from the district. I recollect having, on November 24, a call from the Woodside Green Post Office for 1839 Holbom, the "Racing World."The record produced shows the call to have begun at 12.53 and to have been completed at 12.57.
ELIZABETH BARWELL STUBBS , operator at the Croydon Telephone Exchange, recollected a call on November 27 from the Woodside Green Post Office, from 1.17 to 1.23 p.m. At 1.20 the duration of a call having expired, she intervened and the call was continued. The caller had another call at 126, continuing to 1.28.
HENRY CUTHBERT WILLIAM WILKINSON , recalled, produced the register of subscribers entitled to a call in respect of the results of races, containing entries under the name of Purslove, November 17, November 22, and November 24. The horse given on November 17 was Lady Ursuline. There were also the following entries under the name of Love: "December 27, Theodoric; December 30, Tarquinius Superbus; December 1, Cynique; December 5, Villager; December 6, Bernell; December 8, Quassia.
Cross-examined. Selections for races are given in the "Racing World" and a code book is published at the office at 5s. I did not know that Purslove was a small bookmaker on his own account. I knew nothing him except that we had a letter stating that he wanted to cover some doubles. I Believe that is a common thing among small bookmakers. In addition to what I have mentioned Purslove had Kaffir Chief on November 22; on November 2 a horse called Frowkins, also a winner; on December 4 Summit, a winner; on December 11, Valentian, a winner. He also paid for a result on December 21, but did not have it. I do not remember whether they were all strong tips with the exception of Quassia.
EDGAR WILKINSON , clerk in the "Racing World," spoke to answering calls from Purslove, on November 17, 24, 30, and December 1, and FRANK BARRETT, also a clerk in the "Racing World," to other occasions.
GEORGE FREDERICK TURNER , in charge of the telegraphic staff of the Column Printing Company, New Bridge Street, Blackfriars. We have a staff on the racecourses who transmit us information as to winners, which we send out on a sporting circuit to subscribers. As soon as the message if received it is passed on. We supply about 120 subscribers, who receive the results simultaneously. We telegraph the times of starting and passing the post, as well as the names of the horses. The entry of November 24 as to the time of winning by Mixed Dance is 12.56. On November 27 Theodoric won at 1.26; on November 30, Tarquinius Superbus at 1.4; Decemoer 1, Cynique, 1.36; December 5, Villager II., 1.4; December 6, Bernell, 1.3. On December 8 Quassia was timed 2.34, but really it was 1.34; that was simply an operator's error.
Cross-examined. I say the times are exact within a few seconds. We never split a minute, therefore we may be 30 or 40 seconds wrong. The "Sportsman" and "Sporting Life" are the recognised authorities on place betting and the times of starting and finishing. But with regard to Villager II. at Gatwick on December 5, I should doubt very much whether we sent off the result 11 seconds before the race was over. Manchester is a trunk call. I agree that the official time of starting in the Farewell Handicap (Mixed Dance) was 11.54, and we telephoned the result at 12.56. Within five seconds or 10 seconds of the race being finished at Manchester we were sending out the result to our subscribers in London. We keep the line to ourselves
the whole day if we possibly can, the cost being About £3 an hour. practically simultaneously with the race being finished in Manchester we are telegraphing results; frequently before the race is finished.
The Recorder. That is a singular answer.
Mr. Marshall Hall. Let me show how important it is. In the case of Mixed Dance it is alleged against my clients that the race being finished at 12.56 they knew the result of the race which you sent off at 12.56.
Witness. A telephone conversation must be instantaneous. They did not get it from me at all. They got it from the "Racing World. " With regard to Quassia, which ran in the Long Ditton Selling Race it Sandown Park, starting at 1. 30, I accept the time of the race as 4 min. 20 3-5 sec. Our time is 1. 34, as we do not put seconds. Our lines are taken by a synchronised clock.
ETHEL LOUISA CROZIER , telephone operator at the Croydon Exchange. On December 1 I received a call from the Woodside Post Office for 1839 Holborn. The time is entered as from 1.33 to 1.38. There was a call to the same number on December 5 at 1.6 and on December 6 at 1.4. There are two instruments at Woodside, one is for the public and one for the operator, and the office can only be used by one person at a time.
MABEL PINE , telephone operator, Croydon Exchange, gave similar evidence with regard to calls to 1639 Holborn on November 30, Derenoer 1, December 8. During one of the calls she heard the word Love" mentioned.
HORATIO HULTON , telegraphist of the Column Printing Company, 14, James Street, Haymarket. On November 27 and 30 and December 1 I had charge of the distribution of racing results, and sent out on November 27 Thedoric, at 1.28 p.m.; on November 30, Tarquinius Superbus, at 1.4 p.m.; and on December 1 Cynique, at 1.37 p.m.
WALTER JOSEPH PORTER , tape operator, in the employment of the Column Printing Company, gave evidence as to sending out Mixed Dance on November 24, at 12.56; on December 5, Villager II., at 1.7.; on December 6, Bernell, at 1.3; and on December 8 Quassia, at 1.34 p.m.
PERCY HARRY SELLS , booking and telegraph clerk at the Woodside Station. I was 17 last July. There are also employed at the station Marsh, booking clerk, two porters, and a ticket collector. Marsh and I relieved each other. We also attended to parcels and goods traffic, and sometimes collected tickets, before the collector came on duty and at the dinner hour between half past 12 and two. We might have a few coal invoices to enter up. I have known Purslove as a newsagent for about nine months. He used to come to the station to fetch his papers. Nutkins I have known for about four months. I got to know him through his coining to send telegrams. He generally came between quarter to one and half-past one, and the telegrams were always to "Unplaced, London," and Weiss, 117, Bermondsey Street. Purslove would come to meet Nutkins sometimes on a bicycle. Sometimes Nutkins would tell me to send Weiss's telegram first.
Occasionally Nutkins asked for the telegrams back for correction or copying after Purslove came. Both telegrams being handed in at the same time would be coded at the same time. When the telegrams were delayed for correction there was no alteration of the coded time. With regard to the telegram of November 24, I cannot say who banded it in, but it was in Nutkins' handwriting. It looks as if it had been rubbed, the original word rubbed out and 'green" substituted. The word "copper" before "Sandy Mac" also appears to bare been substituted for something else. The telegram appears to have been originally written in pencil, and the alterations to have been made with an indelible pencil. I always use such a pencil. I have seen prisoners together with a newspaper in their hands sitting on the form outside the booking office window. The telegrams of December 5, 6, and 8 are in Nutkins' handwriting.
Cross-examined. Nutkins and Purslove have handed in a great many telegrams besides these four—nearly every day. If two or three telegrams are handed in at once I code them all at the same time. I cannot swear positively that any one of these four telegrams was handed back. I never leave the office window, and any alterations made were made there. Out of at least 40 or 50 telegrams not more than three or four have been handed back. I know Sergeant Prothero. who has been to see me about this case perhaps ten or a dozen times. Last Monday Marsh and I were taken to the office of the solicitor for the prosecution to be questioned on our statements. I do not remember whether one of the objects was to get us to say positively who handed in the telegram of November 24. Protihero told me he had been to the schools where Nutkins was employed. The schools are about 20 minutes from the Woodside Station. I think Nutkins handed in more telegrams than Purslove did, but sometimes Purslove would fetch—them and Nutkins would not be there at all. Prothero told me to be very careful as I was liable to be imprisoned for 12 months for perjury.
Re-examined. I cannot recollect any of the days when Nutkins and Purslove were there together; it is so long ago. When the telegrams were handed back they would be in the possession of prisoners about half a minute. I cannot recollect whether telegrams were ever brought to me when I was collecting tickets. I do not know that there is a short cut from the schools across the golf links to the station. The schools are 20 minutes distant by the Stroud Green Road.
HARRY WILLIAM MARSH , aged 16, booking office clerk at the Woodside Station. As Sells has said, at times when the other officials are away we have to perform their duties. I know prisoners. I have known Nutkins since October last through his coming nearly every day between half past 12 and two to send telegrams to "Unplaced, London," and to Weiss. Nutkins generally handed in two telegrams Sometimes he would ask that Weiss's telegram should be sent first. Sometimes he would say when I have been engaged, "I have been waiting five or 10 minutes, and you must make the time good as it
is valuable to me. "Two or three times he asked me to put the time back a couple of minutes. I used to time the telegrams generally from my watch. There was a clock in the booking-hall, but we could not tee it from the office. A person outside the booking-office window could see it. It may have happened more than once that I asked Nutkins the time. Once he gave me 1s. 6d.; that was about the second week after he started coming. I have known Purslove a long time. It happened more than once that Nutkins asked for the telegrams back—several times, but the code time remained the same. While he was altering the telegrams sometimes I would be answering inquiries by passengers. Sometimes the instruments would be engaged, and there would be a slight delay before I could transmit the message. Purslove used frequently to meet Nutkins there, coming sometimes on a bicycle. He spoke to Nutkins sometimes before and sometimes after the latter had handed in the telegrams. Sometimes they used to consult the newspaper. Purslove came when Nutkins was not there. Once when he handed in a telegram he asked me to make it the same time as Nutkins'. I told him I could not. He then said his mate was a damned fool. Nutkins had left the office shout 10 minutes. The telegrams of November 17, November 27, November 30, and December 1 are in Nutkins' handwriting and were handed to me. I could not say whether Purslove was there on either of those days.
Cross-examined. I could not say that either of these particular telegrams was handed back for alteration. It does not look as if there had been any alteration in them. If they had been handed back after 15 minutes or 20 minutes for alteration I should have altered the time of handing in. It was a week or fortnight alter Nutkins began to send telegrams that he gave me 1s. 6d. Constable Hawkins did not tell me my evidence was not strong enough, but he said if I did not tell the truth I should get 12 months for perjury. That was after I had given evidence at the police-court. Hawkins and Prothero were always together. Outside the Old Bailey on February 26 Hawkins told me to speak up sharp and say that Nutkins asked me to put the times back on several occasions. When Hawkins said I should get 12 months' imprisonment if I did not tell the truth I thought he was accusing me of being a liar. Once when Notkins said he had been waiting I had been in the potato field looking for some pencils I had lost, and he really had been waiting. I do not know whether I could walk from the station to the schools in a quarter of an hour. You could pretty well tell those were betting telegrams because other people do not code their telegrams like that. The telegrams of November 17 and 30 and December 1 are correctly marked with the times they were handed in.
MORRIS WEISS . I am employed as assistant barber by the Bermondsey Board of Guaraians, and have known Nutkins three or four years. At the beginning of the racing season last year I entered into an arrangement with him under which he was to get tips and
to supply me with the information. For this purpose I put up £10 and he was to put up £10. He used from day to day to send me information by telegram. On November 4 he sent me a telegram, but I cannot now remember the horses sent. The arrangement lasted throughout the racing season.
Cross-examined. There is no reason for the suggestion that I was dissatisfied with Nutkins; everything was carried on correctly. When we left off I was a little bit in pocket. Sergeant Prothero has, I think, been to tee me twice about this case. I told him I had nothing to say against Nutkins, who had always been straightforward and honest with me. Prothero told me on January 20 that if I did not give evidence against Nutkins I would be fined £20. Prothero told me Nutkins had been sent for trial at the Old Bailey, that the case had cost him £100 already, and that he was sure to be convicted and go to prison, but it would be all right if he pleaded guilty. As far as I know, Nutkins is a man of good character.
Re-examined. Prothero told me I should be wanted as a witness, and that if I did not come up I should be fined. That was before he gave me a subpoena.
Sergeant JOHN PROTHERO, C Division. On the night of Sunday. December 30, in company with Constable Hawkins, I called on Nut-kins at 71, Belmont Road. I told him we were police officers, and had a warrant for his arrest. After I had read the warrant, which charged prisoners that they "did unlawfully conspire, combine, con-federate and agree together falsely and fraudulently to cheat and de-fraud Archibald James Trace and Percy Wishart of divers sums of money," he said: "I am sorry for the boys. I did not realise the seriousness of it." Later on we went to Purslove's house, 134, Est court Road. The warrant having been read, he said: "Well, I sup-pose I must face it. I want to give as little trouble as possible."
Cross-examined. I saw Sells, and cautioned him that this was a serious thing, and that if he told an untruth it would be perjury, and he would be liable to imprisonment. It is my custom to warn wit-nesses, but not to tell them what is not true. I told Purslove I had found betting slips at his shop, and I was then under that impression, but I had come to a wrong conclusion. I did not tell Weiss that this case had already cost Nutkins £100, or that it would be all right if he pleaded guilty. As to whether Weiss is or is not telling the truth, I am not responsible for what he says. Hawkins did not tell Marsh in my presence to say that Nutkins had asked him to put the time back several times. We watched these men for nearly a week. On December 10 we entered the Woodside Station at 10 minutes past one. We saw Nutkins and Purslove sitting at a table in the booking hall. At 1. 25 Nutkins walked up to the booking office window and handed in instructions for a telegram. At 1. 27 he handed in instructions for a second one. I know that neither of those telegrams was backing winners. While keeping observation on the Woodside Green Station on December 11 I saw Purslove approach
on a bicycle and enter the Post Office, where he remained about 15 minutes. I cannot say whether any telegram was sent that day. With regard to the cheque for £89, I recommended Mr. Trace to send that in order to gain time, as I was keeping observation on these men. I know now that cheque was not worth the paper it was written on, but I did not mention any stated sum. We did not find out that Purslove kept a stationer's shop and had a house near by, but you must remember we had to keep ourselves out of sight, and this being a betting case we did not expect to find them resident in the neighbourhood. I had not ascertained that Nutkins was working at the Shirley schools, I understood that Purslove had sold the busi-ness. I ultimately went to Shirley Schools because Nutkins had been followed there on one occasion. I know now that prose-cutors had Nutkins' correct address, but I was very suspicious that, as these people were trying to defraud, it might be false. I do not accept the corollary that, because the address is correct, they are innocent. I saw Mr. Roberts, the headmaster of the Shirley Schools, and told him I had a warrant for Nutkins's arrest. Mr. Roberts then showed me certain official entries in the time book, but he did not state that every employe was locked in and locked out. It is possible I may have said that Nutkins must have got out by getting over the wall, but I do not remember. Sunday, December 30, was a very wet night. When I went to Nutkins's Mrs. Nutkins was there. When I read the charge Nutkins did not say it was a great mistake. I had a liqueur glass of whisky at the hands of Mrs. Nutkins. I did not call Nutkins outside and say, "It will help you a lot if you will plead guilty."I never heard of a policeman suggesting that anyone should plead guilty. I cannot understand why a police officer should advise people to do that I did not say, "I have a great deal of evidence against you; it is a hard case to fight." I did not say, "If you plead guilty and plead the First Offenders' Act it will be all right."I said I had been to Mr. Roberts, his employer, and that I was going to arrest Purslove. Nutkins said, "Cannot you let me stay here while you go to arrest Purslove?" and I said "Yes, if I leave a constable with you." It was when I came back with Purs-love that we had a drink. The suggestion that we sat down and had drinks and had a good time is preposterous. It would be pre-posterous to say that a bottle of whisky was drunk amongst us. I did not say to Nutkins when Purslove was not there, "Purslove has practically admitted it." We went up to town by the midnight train room Norwood. I do not remember Nutkins asking on the platform for the dates of the alleged frauds. If he had asked for them I should have given them to him. I did not tell him he must not write them down, but must remember them. I did not say to pri-soners on the way up that I would do what I could for them and would be a friend to them and they had better plead guilty. I did not suggest that it would be a good move to express sympathy with the telegraph boys and that would go a long way with the authori-ties. I thought at the time they would plead guilty. I got to Purslove's
about 11. 30. Hawkins had been there earlier in the evening asking for a man named Williamson. That was a legitimate police ruse. At Purslove's I saw a gentle-man sitting in the kitchen whom I addressed as Purslove, and who turned out to be a Mr. Freeman. He was sitting with his back to me and when he turned round I found out my mistake. When I saw Purslove I asked him to come outside into the passage. When I went in I believe they were having a game at cards, and if they had cards in their hands they would be facing each other. Purslove did not say, "It is very rough to be arrested a night like this. " He came over faint, and sat on the stair-case, and we had to fetch water for him. I did not tell Purslove that Nutkins had been arrested and had admitted it. I do not asso-ciate myself with such ruses. I did not tell Weiss that if he did not give evidence he would be fined £20.
Re-examined. The book shown me by Mr. Roberts purported to show the times when prisoners were in the schoolhouse. The dinner hour of the school is between half-past 12 and two. From the furthest gate of the school to the station would take from 20 minutes to 25 minutes. There is a side gate from which it may be done in 10 minutes to 15 minutes. The school premises are not walled bit bounded by a hedge. There is a shorter way across the golf ground, and there is a small gate near there. Going through the golf ground it would take about eight minutes to get to the station. The reason I told me. Roberts his times must be inaccurate was because Nutkins had been seen by Hawkins at Woodside Station at the time he was booked as being at the school. (To Mr. Marshall Hall.) I do not know that as the crow flies it is 15-16ths of a mile from the schools to the station. I have not measured it.
Police-constable REYNOLD HAWKINS, C Division. I was present at the arrest of both the accused. Nutkins said: "I am sorry for the boys, but I did not realise the seriousness of it."Purslove said: "I suppose I shall have to face it, but I want to give as little trouble as possible." On December 10 I saw prisoners at the Woodside Sta-tion between 1.15 p.m. and 1.30 p.m. On the following day they were there about 1.25. On the 12th, 13th, and 14th they were both at the station at one o'clock and on the 15th at 1.20. On one occa-sion I saw Purslove riding a bicycle. On the others he was walking. I was present when reference was made to the time-book. I have walked from the back entrance to the station in eight minutes by the road. On January 16 I rode by bicycle from Woodside Green to the Station in about 1 1/2 minutes. From Purslove's house in Estcourt Road to the Woodside Post Office is 2 min. 45 sec. From Purslove's shop in Albert Road to Portland Road Post Office is three minutes, and nearer than to the Woodside Green Post Office.
Cross-examined. I am sure that Purslove said, "I suppose I must face it," not "I suppose I must put up with it." I did not tell Marsh to say that Nutkins asked for the telegrams back several times. I told him to speak the truth, whatever he did. I did not hear Pro-thero mistake Freeman for Purslove. I knew Nutkins and Purslove
well by sight, but did not know where they lived. I have been to Purslove's shop to buy cigarettes. I did not take the trouble to ascertain whether the addressee given were correct or false. I did not hear Prothero tell Nutkins at the station that he must not write down the dates. I had a drink at Nutkins's.
(Tuesday, March 5.)
WILLIAM NUNKINS (prisoner, on oath). I am an engineer in the employ of the Bermondsey Board of Guardians and live at 71, Bel-mont Road, South Norwood. I have been at the Shirley Schools since November, 1893, and prior to that was at Belmont Schools, Sutton. I have a number of testimonials from previous employers, and until the present time no charge has been preferred against me. I am 35 years of age—a married man with two children. For my pre-sent appointment I was selected from over 100 applications. For many years racing has been a hobby—for 20 years I should say. I have followed it very carefully, and studied form in both flat and hurdle racing. It is, of course, not necessary always to tell one's employers what one is engaged in. To get information, on which to back horses I have been in the habit of paying enormous sums to tipsters—such as Gale's, and the'5s. and 10s. tips of the "National Sportsman" and I have always followed the Racing Code Book, and I always take the "Sportsman," "Sporting Life," and the "Lunar Month," so that I have really gone into the matter seriously. Lat-terly I have bought my papers from Pursloves shop at 253, Albert Road; Woodside. Up to the end of July last year I had done my betting through a local man. By reason of the Street Betting Act betting of any kind has become dangerous, and, therefore, in July, 1906, I determined to follow Gale's system, which they advertise as practically infallible, but you have to lay out a considerable sum to get much profit. I paid £1 for eight wires, the wires being the key which solved the information which was put into the paper. I go to my work in the morning at seven o'clock and leave about 5. 30. I get out to dinner if I can manage it. My work is about half an hour from my house. My racing telegrams I had sent to Purslove's house, as money has to be put on as soon as they arrive. As a rule they would arrive between 12 and half-past. Racing tipsters obviously will not address telegrams to public schools. I gave up waking Gale's system at the end of October, as the profits were so small, the profit on one bet being only 7d. Weiss's statement as to my arrangement with him is absolutely true. I always wrote out the telegrams myself, and Purslove came to the schools for them, or I would meet him on the way. In all I backed 143 losers and 83 dinners, as shown by the record produced. The expenses are very heavy in a matter of this description. Woodside Station was selected for sending the telegrams because it was nearest for both of us. I
backed Mixed Dance 21 days before the incriminated telegram, as it was in very good form. In the week ending September 14 I had five bets and won them all. With regard to the telegram of November 17, there is no truth in the suggestion that it was sent I knew Lady Ursuline had won. I had backed Lady Ursuline before. In the account sent me Lady Ursuline and Dexter were both marked too late and were not entered on either side. I wrote to Messrs. Trace and Percy about it, and in reply they sent me back the telegram, the handing-in time of which was 1. 50, whereas the race started at 1. 45. On November 21 I wrote asking for the state of my account, and, not receiving any reply, I proceeded to bet as before. With regard to the telegram of November 24, there has been no alteration only that "Copper Mixed Dance "is struck out. "Green" (£3) is in excess of the amount we are allowed to bet without notice, and must have been put in through a misunderstanding. With regard to the time book, as we come in and out the gate is locked. The suggestion that it is quite easy to get over or through the hedge is nonsense. I have never got out of the school at the time I was supposed to be in it in an improper manner. I could always get out by asking permission of the headmaster. The gate is opened for a few minutes at 12 o'clock to allow the teachers to go out, and then it is locked again. On November 24, as the official record shows, I arrived at the school at seven o'clock and left at 2.50. On November 27, arrived at seven and left 5.40. November 30, arrived at seven and left at six. December 1, arrived at seven, and went out at seven past one, that being a Saturday. December 5, arrived at seven, went out 12.45, returned 1. 30. and left again at 6.30. December 6, arrived 7.5. left 5.45. December 8, Saturday, arrived seven and left 1. 10. The history of the telegram of November 24 is that the night previously I saw that Mixed Dance was entered in a race, and I asked Purslove to come up to the schools next day in case I should want him to send a telegram off. I waited inside the front gate until he arrived, and made up my mind I would have a double, and made the telegram, "Copper Mixed Dance Scotch Lad double." Afterwards I decided that I would not do it, and crossed it out again. After I had aban-doned the system I asked Purslove if he would take my bets, but he said they were too heavy for him. I forget when he told me he was getting results from the "Racing World." Purslove also sent the telegram of November 27. On November 28 I sent a telegram backing four losers; on the 29th another backing two losers. I backed Theodoric because it had previously shown good form, running second in a good field. I backed Tarquinius Superbus because it had run second three days previously with good horses behind it and it had less weight to carry than on the previous occasion. The same day I backed St. Anselm at 5 to 1 for £1 for the same reason. The telegram of December 1 I sent myself. I backed Cynique because it had previously run second in a good class of horses five days previouslv at Aldershot, amongst, them being Sexton, a verv good horse
On December 3 I backed Nulli Secundus in the last race, and it won. I do not think I sent the telegram of December 5, though I was out of school at the time. I backed Villager II. because it had run second and won a race previously, and had then less weight to carry. On the same day I backed Janna way win and place in the last race and it won. That was about five o'clock, so that I could not have known the result of that. I backed Villager II. and Bishop II. for a double, but that did not come off. I can say. positively I did not tend the telegram of December 6, as I was in the school from seven o'clock till 5. 45. I backed Bern ell as I have a great fancy for horses trained privately. Furzey Common, backed in the same telegram for the last race, also won, and I could not have known the result of that when the telegram was sent. Black Ivory, backed for 10s. win and place, I lost. Birch on Black Ivory was almost winning when Black Ivory fell, and he was seriously injured. But for that I should probably have won all three bets. On December 8 Dafila won the fourth race of the day, and Quassia also won. Subsequently to the incriminated period I sent telegrams on December 10, 11, and 12 backing only one horse. I had bets on 13th, 14th. 15th, 17th (a win), 18th (a win). 19th (three horses and one win). 20th (five horses sad three wins). 21ST (a win), and 22nd (three losers). After that racing was stopped by the frost and snow. As to Weiss's telegrams, I did not give him Mixed Dance on November 24 because he would not have had time to back it I gave him Golden Measure, Cherry Ripe, and Sandy Mac. On November 27 I told Weiss to back Attractor. Biddeford Boy and Smoker. It was too late to send him Theodoric. On November 30 I gave him Portcullis, St. Anselm, and Mr. Delamere, Tarquinrus Superbus being again too late; December 1. Do Be Quick, Oatlands and Flatterer, Cynique being too late, and so with the other telegrams on the incriminated dates. There is no truth in the allegation that I backed any of these horses after I knew that they had won. With regard to the statements of the booking clerks, I only remember having asked to have the time altered on one occasion. That was the day when Marsh was In the potato Held, and I had been waiting 20 minutes. I have never had telegrams handed back to me for alteration, but I have sometimes asked that they might be laid in front of me so that I might take a copy of them. As to my having given one of the boys money, my recollec-tion of that is that on one occasion when he was issuing tickets I put down 2s. for the two telegrams and left the change, which was about 7d. or 8d, and I should not have given him that if I had had time to stop. There was no intention of bribing him—nothing of the kind. With regard to the correspondence with Messrs. Trace and Percy as to the £30, I believed the letters were genuine. I returned the cheque for £89 13s. 4d. the moment I received it. I have been at my present address ever since I have been at the schools, and pay about £25 a year. All my letters were addressed there. I told Prothero when he came on the night of the arrest that he had made a great mistake. He started to overhaul my correspondence.
The next thing he examined was a box of cigars and sampled them; I told him he could help himself. He had a glass of whisky with me and Hawkins also—only too pleased to have it. As my wife was there Prothero called me into the kitchen, and said, "I want to be a friend to you. I will help you all I can in this matter. This is a serious charge. We have about 12 witnesses against you, and it will be a hard case to fight. If you let the magistrate see that you have some sympathy for the boys that will go a long way in your favour. He suggested that we should plead the First Offenders' Act, and, of course, plead guilty at the same time. Prothero and Hawkins then went to arrest Purslove, leaving me in charge of a constable. In about half an hour they came back with him and we had whisky all round. Prothero again went with me into the kitchen, and said, "Purslove has admitted this." I asked Purslove if that was true, and he replied, "He has told me the same thing about you. " At the railway station I asked Prothero to tell me the dates when I was supposed to have done these frauds, and as I was beginning to write them down he said I must not do that, but must remember them. In the course of the journey Prothero said if we would plead guilty he would help us all he possibly could. In the cab on the way to the police station he said, "We shall have to come to some arrangement as to what you are supposed to have said when I arrested you."He paused for a moment, and then said, "I will say you said this: 'I am very sorry for the boys; I did not realise the seriousness of it. 'You won't want a solicitor to say these few words for you. You can say them yourself. If you do want one write to me and I will get one for you very cheap." I was kept in. prison till the Tuesday. I subsequently consulted me. Freke Palmer, who is acting for us how. In all my dealings with Trace and Percy I have done nothing dishonest.
Cross-examined. I have no knowledge whether there was a tele-phone at the Portland Road office in November of last year. Once or twice Purslove said something to the effect that he was getting his results from the "Racing World," but I paid no attention to it; it was nothing to do with me. Purslove was not interested in my bets except that I had given him permission to use the information they contained. I cannot say whether he even backed my horses. I dare-say he used to back some; he would use his own judgment. When the system was being operated he used to back his horses, I believe, by registered letter; after the system through a bookmaker. My curiosity never led me to ask Purslove what the subscription to the "Racing World" was. I have no recollection of Purslove having sent a half-crown postal order to the "Racing World" on November 16 for the winner of the second race at Lingfield on the following day (Lady Ursuline). I handed in the Lady Ursuline telegram myself at 1. 43 or 1. 45, not at 1. 50 as it is coded, the race itself start-ing at 1. 51. It is not the fact that I was at the Woodside Station on the afternoon of Saturday, November 24. I cannot say when I first knew that Purslove was receiving winners at the Woodside Post
Office. The telegrams of November 24 were written at the gate. I was not at the Woodside Station with Purslove about one o'clock in the week December 10—15; the time-book will show whether I was out or not. On December 12 I was not out. On that date I backed Palladio, and a telegram was sent in my handwriting. One day I had a special permit from me. Roberts to go out, but I could not swear which day it was. Going out at the email gate the quickest I could get to Woodside Station would be about 13 minutes or 14 minutes. I challenge the statement of the officer that he has done it in eight minutes. Going the longest way it would be 18 minutes to 20 minutes, I should say. I was not at the Woodside Station on December 13 or 14. On Saturday, the 15th, I may have been there. Mixed Dance is not mentioned in Weiss's telegram of November 24. That and the "Unplaced" telegram were handed in together. I did not give him Mixed Dance because I knew he would not have sufficient time to back it. I had no information to back Mixed Dance. but backed it for the simple reason that I had Decked it before. I made up my mind to back it on the Friday night. Purslove never told me he was going to get the result of Mixed Dance's race at the telephone office. None of the horses said to have been fraudulently backed appear on the telegrams sent to Weiss, because it would have been too late for him to use the information. I determined to back Tarquinius Superbus when reading my paper at breakfast time on the morning of November 30. I wrote that telegram and the Weiss telegram at the school. I gave Weiss Portcullis, which ran in the first race, second to Tarquinius Superbus. I fancied Portcullis myself. I did not know Purslove had subscribed for the winner and had been to the telephone to get the result. I was at the Woodside Station on December 1, and despatched the telegram regarding Cynique. I could not say that I saw Purslove that day. I was not at the station on December 5. Both the telegrams of that day are in my handwriting. No doubt I met Purslove and handed him the telegrams on the road. With regard to Bern ell on December 6 I believe the horse had run before but had not been placed. I have a great liking for Pat Daly's horses. At that time Bernell did not belong to Pat Dally. Quassia was in the second race at half-past one on December 8. I gave Weiss Dafila only. Weiss was still my racing partner at that time. The only reason I can give for the suspected horses not appearing in Weiss's telegram is that he would not have time to back them. I asked Marsh to alter the time on a telegram on one occasion only. If he says that happened on more then one occasion he is wrong. That was an occasion when I had been waiting sometime.
Re-examined. I was under no obligation to Weiss to give him all the horses that I thought were likely winners. I have never had any complaint from him in respect of the horses I gave him.
29 years of age, and married. I was with Waygood and Co., the lift engineers, for four and a half years, and left on account of the work being too heavy, and up to this time I have always home an excellent character, and no charge has been brought against me. I made the acquaintance of Nutkins about two years ago, and had a standing order from him for the "Sportsman.""Sporting Life." "Chronicle," "Leader," "Reynolds," "Lunar Month," "Gales," "Racing World;" the "Racing Code," and several periodicals. We came to know that we both took an interest in betting. I make a book in a median way, and will take from 30s. to £8 a day. Nutkins offered to bet with me, but he was a bit too "thick" for me; his bets were too heavy; I could not carry the money. He wanted to bet £8 a day. and if he had won that would have given me a nasty hit. To lose a double event would also give me a nasty hit. When Nutkins was betting on Gale's system I used to send his telegrams for him from Portland Road. Under Gale's system it was not necessary to consult Nutkins before making the bets, as he bet according to the teleprams sent. When he gave up the system he started having tips from another person, and had them addressed to me. Some that went to his home his wife brought over to me. I then used to go over to Shirley to meet him, and gave him whatever I had got for him. He would then write out his telegrams, one to Weiss and on to "Unplaced, London." I would then run back to the station on my bike and hand them in. The reason that I had results from the "Racing World" was because I stood a good many doubles and had been hit pretty hard. I saw in the papers that for half a crown I could receive by telephone the result of any race, and therefore I thought it wise and more profitable to me to speculate half a crown and perhaps save myself £1 by hedging. The "accumulator" is a very common form of betting amongst small operators, and the bet is well worth having, but if you lose the loss is serious. I do not think I ever told Nutkins that I was getting results from the "Racing World." That was my own private business. I never backed a horse for Nutkins after I had received results from the "Racing World," and Nutkins never in my presence did so. When Prothero came to arrest me Freeman was sitting lacing him, and Prothero addressed him as "Mr. Purslove." When Prothero says that Freeman was sitting with his back towards him that is a lie. Prothero stated to me that Nutkins had practically admitted the charge. I recollect the incident about the dates at the station. Pro there told Nutkins he must keep them in his head. He told us both in the train we had better plead guilty, and that if we showed sym-pathy towards the boys it would help us with the judge. He said also, "I want to be your friend. I am going to help you as much as I can."In the court Prothero said he had found some betting slips in my house, and told me the penalty of keeping a gaming-house was £200. As we were going into the police station, he said "Do not mention about the betting slips. That is all bunkum. " I had no share in Nutkins' book. The only advantage I gained was
by using his tips. To walk from the Woodside telephone office to the station would take five minutes, and to cycle 1£ minutes. From Shirley Schools to the station it would take me 10 minutes cycling and about 24 minutes walking. From my shop it would be about to minutes walking and 13 cycling. From my shop to Woodside Station it is three minutes cycling and six minutes walking. Until arrested on December 30 I had had no intimation that a charge was to be preferred against me.
Cross-examined. I used to get information in exchange for my services in delivering the telegrams. The Portland Road telegraph office was abandoned about the middle of October, because the Woodside Station was more convenient. The Portland Road Post Office was about two minutes distant from my house. I think it was in November 1 first began to subscribe for results to the "Racing World." On November 17 I telephoned from the "Beehive" public-house at Woodside Green. I put in four or five twopencee and got nothing for it. After that I telephoned from the Woodside office. After I had got the result I did not go on my bike at full speed to the Woodside Station. I did not communicate the result to Nutkins. I cannot say whether it was I or Nutkins who sent the telegram backing Lady Ureuline. Nutkins told me the telegram had been teat too late. I do not remember being put on to the telephone at 10 minutes to one or thereabouts on November 24. It had occurred two or three times that I was asked to spell my name. I recollect telling Miss Kenwan that I could not hear the name of the horse. I afterwards had my name altered to "Love" for telephone purposes. Any-body could hear my business; there was no secret about it. I did not use the shorter name so as to get the more quickly away to the railway station; the difference it would make would be so little. On November 27 I had a 9-minute call and received the name Theodoric. I swear that I did not go immediately afterwards on my bike to the Woodside Station. I may have handed in Nutkins's telegrams on that day, but the result had absolutely nothing to do with him. I bad my own reasons for getting the results. The telegram was banded in before I got the result from the telephone. I say that on no one of the days that I got a result from the "Racing World" was I in Nutkins's company at the Woodside Station immediately aferwards. It is quite true that I asked Marsh on one occasion if Nut-kins had sent a telegram, but I did not ask him to send a telegram for me, making it the same time as Nutkins's. On one occasion I said, referring to Nutkins, "my mate is a damned fool," or something like that. That was because I had fetched a tip from his house and he had gone before I got there. I did not speak of him as "my mate," because we were jointly interested in these racing transactions. I never saw Nutkins alter a telegram. With regard to my coming out of the call office with a newspaper I used with a pencil to underline the horse that had won. I did not show the paper so marked to Nutkins. I could not say whether the telegrams giving the names of horses to Nutkins have been preserved. His business as regards
his backing was nothing to do with me. I made a book with people in the neighbourhood. The only document relating to betting that could be discovered at my house was my own betting book, which was upstairs. That book was burnt by my wife the day after I was charged. She thought I had been taken for making a book. There is nothing in existence to corroborate the statement that I made a book, but I can bring witnesses that have betted with me and bookmakers I have backed with. I said when arrested, "I suppose that I must face it," but not that I wanted to give as little trouble as possible. I had not much chance of giving any trouble with two detectives.
Re-examined by Mr. Marshall Hall. I swear my life awav that I never gave Nutkins one of these telephone results.
Mr. Marshall Hall submitted that there was no case to go to the jury, but the Common Serjeant declined to withdrew the case from them.
(Monday, March 11.)
Mr. HOLLAND, Mr. JOHN TEEDEN, Mr. JOHN HILLS, and Mr. CHARLES HENRY NEALE gave evidence as to the good character of the accused.
The Jury disagreed. Trial postponed to next Sessions. Prisoners released on recognisances.
FOURTH COURT; Friday, March 1.
(Before Judge Lumley Smith.)
Mr. Hardy prosecuted. Mr. Purcell defended Hall.
Verdict, Hall, Not guilty; Shayler, Guilty. Sentence, nine months' hard labour.
RADCLIFFE, Francis Joseph William Delme (40, electrician) ; obtaining by false pretences the sum of £12 from Henry George Brock, £29 from Edward Henry Lake, and an order for the payment of £10 from Edward James Reynolds with intent to defraud.
Mr. Leycester prosecuted; Mr. Rose-Innes defended.
JABEZ FOSS , 69, Fenchurch Street. On October 23 I let a room at 69, Fenchurch Street on the third floor to prisoner at 8s. 6d. a week, and he had the name put up "Electrical Installation Com-pany." He remained three weeks, and removed into a smaller room
at 7s. 6d, where he remained twelve weeks up to January 13. He went on March 3. On January 15 he paid one guinea owing, and owes £4 8s. I did not know he was going. I know very little about his business.
HENRY MANUEL , house agent, 8, Aldgate Avenue. In April, 1906, I let the second floor front room at 14, Aldgate Avenue to prisoner at 8s. a week. The agreement dated April 26 is produced. He left on April 30. I saw him repeatedly three or four times a week. I had trouble in getting my rent all the time. He said trade was very bad. He said that about the end of October, as I was pressing him heavily. I never saw him after September 19. He asked me to change a cheque for £10, which I refused. It was Mr. Reynold's cheque. I re-entered on November 7. I only remember one little job being done for a tenant. He owed me 12s.
Cross-examined. I obtained jobs for him from tenants, and I had no dissatisfaction. He lost three or four jobs he would have done if he had been there, as I 'have 100 tenants. I did not know where he was. He has lost good pay work.
S. JAMES,81, Maida Vale (Box-office Manager to Shepherd's Bush Empire). In October, 1905, I entered into an agreement with prisoner in connection with his business at 69, Fenchurch Street, to assist in carrying on his business, and I paid him a premium of £20. During the time I was there there was no business done, and that was the reason why I left. He agreed to pay me the premium in monthly instalments of £2, and I had the first instalment, that was all.
Cross-examined I had had no experience of electrical business before. I had been carrying on the business of a commercial traveler for a wholesale draper in Cheapaide. I was supposed to canvass for orders for prisoner. I did not underatand anything about the elec-trical business.
HENRY GEORGE BROCK . In January, 1906, my son Frederick Thomas was 18, and looking out for an opening. On January 4 I saw an advertisement in the "Daily Chronicle" (Ex. 4), "Apprentices wanted. Premium £12. Wages given." I went to 69, Fenchurch Street, the same day and told prisoner I had a son and should like aim to learn the business. I received a letter a few days afterwards. He told me he should like to take my son. I told him his age, and he said that would be rather old. I asked him if it was a good busi-ness, and he said he was an electrician, but he did not manufacture, that he understood the whole business, but that he was not a maker. He said his business was installation of bells and telephones. I received the letter Ex. 15 of January 8: "Dear Sir,—Re our inter-view of last week. If you are in the City to-morrow morning I should like to have a talk with you re same. I shall be at office from 10. 15 to 11."I went the next day, January 9. He said, "Do you think your son would do canvassing." I said, "Yes." He said if so he could waive the question of age. I left it in this way—that my son should call and see him. He assured me the business was all right
and I could make further inquiry at 35, Basinghall Street, but I did not go. On January 10 I entered into the agreement produced—"I agree to take your son, F. T. Brock, for two years, and to teach him the business of an electrical wire fitting, estimating, and all branches connected with same, and to pay him 5s. a week for the first three months, 7s. 6d. the next six months. 10s. for three months, and the second year 15s. a week. He agrees to canvass and do all he can to help the business, and is to have 10 per cent, on any new orders he may obtain. The premium is £12. " I paid him £12 in cash, and my son started on Monday, 15th. I inquired how he was getting on. and he said all right, but he and his mother kept the facts from me. I first knew there was something wrong in April, and I saw prisoner in his office in Fen-church Street and at Aldgate. I asked him why he had not com-plied with the agreement. After three or four letters I told him that we must come to some arrangement as the lad was receiving no money. He said he helped everything would turn out right, but trade was in a bad state, end he trusted it would torn and it must wake up. That would be in May or June, 1906. I received a letter from him on May 28 (Ex. 18): "I am sorry to have to write to you re my affairs. Things have gone from bad to worse with me, and I have not been able to let you son have his monev the last few weeks, and there seems no hope of an improvement. Your son will tell you how we have called and canvassed, but there is nothing being done in the electrical line. Builders and shopfitters that I work for are all alike, nothing at all on. It seems a complete deadlock. I have several promised, but no actual orders at all in, and naturally your son sees nothing before him. I proposed to him to-day that if he saw a good berth to take it, with your sanction, and I would repay you the money 40s. a month, or if I could secure anything I would clear it off at once. Your son will inform you the state of the trade all round. It must turn, but while the grass grows the horse starves. I shall be pleased to meet vou with your son and talk the matter over. Sorry to cause you so much trouble and annoyance, as the business has completely stranded me." I received another letter in June in which he proposed to pay me monthly instalments of £2. I called there some weeks after that—in July, I think. I had a chat with him, and asked him why he had not done as he promised, and he said trade was at a standstill. He did not know what to do for money himself. My son left on June 13 or 14. I did not get any of my money back.
Cross-examined. The interviews I had had reference to non-pay-ment of wages. According to the contract, my son was to be with him two years, but he did not stop the two years. I think he did a little canvassing. The first interview was January 4, and the second was January 9, and I think at both interviews he referred to the soundness of the business. My son was not inclined to holiday-making. I do not think he preferred pleasure to business. He is most wretched and miserable if he is out of work.
FREDERIC K THOMAS BROCK , son of last witness. I saw prisoner at 69, Fenchurch Street on January 7 or 8. He told me he had travelled about 4,000 miles in the previous year in connection with his business. I started work on the 15th at 69, Fenchurch Street. Peacock was there, and Smith two or three days afterwards. I re-mained five months. I left June 13. I did a job aft Hart's, in Hol-born, putting 14 lights in. It took six weeks, but it should have taken only three or four days. The next job was at Levita Bros., putting in one light. There was a short job at Eaton's, at Poplar, from half-past 11 to half-past two. There was also a job at the Finsbury Distillery to wash the porous pots out—four or five hours' work. I received very little instructions. Prisoner showed me how to join wires and fix switches. There were no books except the catalogues and a 41/2d. book on the telephone and its troubles. There were no tools but two or three gimlets and two screw-drivers and one or two bits, a hammer and a few nails and screws. Prisoner came to 69, Fenchurch Street nearly every day from half-peat 10 until two. There was no work. I copied letters to builders and contractors soliciting orders, but they produced no result. From Fenchurch Street I went to 14, Aldgate Avenue.
HENRY SMITH . 65, Glencoe Avenue, Seven Kings. I saw an ad-vertisement in the "Daily Chronicle," and wrote to the address given, and received the following letter in reply: "69, Fenchurch Street, January 1, 1906. Dear Sir, The business is the fitting up of shops, offices, etc., with electric light, telephones, etc. You do not state your age. so cannot say what wages I can offer you. Kindly let me have an early answer, as I have over 30 applications."I received another letter on January 8, 1906: "I shall be pleased to take your son for three or four years and teach him the trade of an electrician. I work on all the jobs myself, and have had over 20 years' experience, so he would be under my personal instruction. The first year can only offer him 3s. a week, second year 6s. a week, third year 12s. a week, fourth year 18s. a week."I called and saw him at 69, Fen-church Street, and he told me he would give my son full instruction in the business of fitting up electric lights, telephone bells, and occasional jobs on motor-cars. He drew my attention to some correspondence on the desk, saying, "You see I have some work to do," but I did not examine them. He said he had done work for the Corporation of Birmingham and for the G.P.O. He said work was very slack, but it was a slack time. On January 15 I signed the four years' indenture of apprenticeship, which was in the terms of his letter. I paid a premium of £12 and one guinea costs to the solicitor. My son started to work. Soon alter I wrote to prisoner, and received the following reply: "I am sorry that things have gone to badly, but as soon as I can get any of my accounts in I will pay your son all the arrears. Things have gone so fearfully quiet of late, and the last two orders in have proved a failure."I wrote to him and received the following reply: "April 7. I am sorry that things have gone so bad as they have. I have had to place several
of my accounts in my solicitors' hands to collect, and can assure you that as soon as ever I can get any of them in I shall clear up all the arrears."On April 30 he wrote: "I am sorry to say that I have not been able to come to any arrangement re my business, and as I have to give up any offices it places me in a hole. I do not know which way to turn or what to do. Will you accept return of the premium in monthly instalments? Everything seems to go wrong with me. I have never got paid for my job up High Holborn yet, and there seems no chance of getting it."On Mav 4 he wrote: "I am expecting to get a berth on small sales and commission, and would be able to send you money each month, £1 or £2. as I was able to get it in, and would try and send you £2 on at the end of next week. It has been a fearful month for me, and up to the last moment I quite thought I should pull through. I will forward William's overalls to you."On May 26 he wrote: "I am sorry I have not been able to send you any money yet, but can assure you that I will forward it on as soon as ever I can. Things seem to go from bad to worse, but they must soon turn, and you will at once be paid."I did not hear any more. I did not call or see him nor did I receive the money back.
(Saturday, March 2.)
HENRY SMITH recalled. Cross-examined. I saw prisoner about January 9. I asked about his business, and whether he had plenty of work. He said, "I am rather slack now, but this is a slack time. No doubt we shall have orders come in in greater frequency."He said, "I have just finished a contract at Bagshot, and when your son is away in the provinces his expenses will be paid by me, and he will live with me. "He said his work consisted in looking after telephone and electric bell fitting, and occasionally he could undertake repairing motors. Prisoner pointed to the envelopes and said. "You can see I have plenty of correspondence to attend to."From the look of the place I thought he was not in a very flourishing condition.
WILLIAM FREDERICK SMITH , 65, Glencoe Avenue, Seven Kings About January 4, 1905, after seeing an advertisement in the "Daily Chronicle"my father took me to prisoner. He said I should haft to do general office fittings, electric light fittings, maintenance of electric bells and telephones. I than-signed indenture produced at the solicitors, went back to prisoner's office, and my father paid him £6. The following week I went to work there. Brock was there. Prisoner came a. little after 10 a.m., showed me some electric bells, switches, lights, and batteries, which were in the office, and how to join wires together. There were books, catalogues, fittings, carbons, and wire in the office, and the "Practical Electrician's Pocket Book," which he showed me. I continued to go there for about four months. I did a little, fixing casing on the ceiling at Fencburch Avenue, and went to Hart's High Holborn, to fit up the electric light and to Finsburry
Distillery. City Road. Prisoner and Brock did the work. I fixed up eating at Hart's. I knew of another job in Basinghall Street, but I did no work on it I did a little canvassing, calling on people for work.
Cross-examined. I was paid regular wages for a month, after that wall sums of 1s. 6d., and so on. There was very little business at primer's. The work at Hart's went on for about two weeks, and I learned a little. There was nothing to learn at the distillery practically. I saw some casing done there.
HENRY FREDERICK PEACOCK , 7, May Road, Plaistow. In January, 1906, I went with my father to 69, Fenchurch Street. Prisoner said be wanted £12 premium for an outdoor apprentice or £20 indoor, and my father agreed to pay £20. I went there the next day, and prisoner asked me if I had brought the £20, and as I had not he told me to go and get it. I returned with £12, which I paid prisoner, sad he gave me receipt, produced. I then continued at the office. There were carbons, lights, switches, wires, and a few other things. Prisoner showed me how to fix a telephone. I went to live at Shoe-buryness with prisoner; he gave me a season ticket for three months, and I came up to Fenchurch Street daily. There were jobs at Hart's and the distillery. I went with prisoner and Brock and Smith, but did not do any work. There was no work to do in the office. I lit the fire, dusted, and put things straight. While at Shoeburyness I did no electrical work. I did some painting at South end.
Cross-examined. I lived with prisoner at Shoeburyness about five or six months, slept there, and had all my meals. I know, there was work done at Levita Bros. I was 16 in April, 1906.
EDWARD HENRY LAKE , 36, Palmers ton Road, Kilburn, fitter. On March 31, 1906, I saw advertisement produced in "Daily Chronicle" for an apprentice; premium £16; wages paid; and received a letter from the Electrical Installation Company, 69, Fenchurch Street, stating, "Our business is the fitting up of electric light, telephones, bells, and every other kind of electrical apparatus. We could offer you the following terms: 4s. per week for the first year, 7s. 6d. for the second year, and 12s. a week for the third year. Business hours nine to 7. 30. Prisoner afterwards called on me, my boy having been there for two or three weeks on trial. Prisoner said my son was suitable, and that he intended to make him a good electrician, and that he would teach him bells, telephones, and electric light, and make a thoroughly good man of him, and likewise teach him to estimate, so that he could leave him in charge of a job. He told me he was not very busy at the time, but things would be looking up, and that he had done some big jobs. He mentioned the Finsbury Distillery. I afterwards signed an indenture and paid £20. He agreed to pay my son 6s. a week the first year, 10s. the second year, and 15s. the third year. On June 15 I received letter (produced) apologising for not paying my son's wages. My son was with him about five months.
EDWARD WILLIAM LAKE , son of the last witness. I am 17. In April, 1906. I went with my father to prisoner, afterwards paid £20, and attended at Fenchurch Street regularly. Brock was then there, and Peacock came afterwards. There were a few switches, lamps, fuses, bell-pushes, carbons, and a tat of trade catalogues in the office. Prisoner showed me how to join wires and fix switches on the ceiling. I think that was before the indenture was signed. I went on two jobs—the Finsbury Distillery, where I went for about half an hour and saw the batteries; and at Hart's, where I went twice but did no work. We were about five weeks at Fenchurch Street, and then moved to 14, Aldgate Avenue. Brock and I moved the things over in bags. Hurley and Reynolds came while I was there. Prisoner put up three lights at 12B, Aldgate Avenue, and did some work at Paterson's Hotel, Charterhouse Square. We also repaired a light at Hart's. I left on October 13. Prisoner told me he would pay my premium back, and I had better look for another job, as he was going to give up-business. That was on October 5, and was the last time I saw him. I was paid wages regularly for the first eight or nine weeks—6s. a week. After that I got 2s. or 3s. occasionally.
Cross-examined. During the trial period prisoner gave me some instruction; very little afterwards. I could see there was not much work doing. April is not a busy time for electric lighting. Prisoner sent me round to customers to ask for orders. He gave me two books and told me to study them, and I learned a little from them, and I used to read the newspapers. I had instruction in casing, wiring, block cutting, and the use of the Holden switch and fixing the rose in the ceiling. There were some electric batteries in the office.
JOHN HURLEY , fish curer, Camberwell. In April last, in conesquence of an advertisement, I went with my son to 69, Fenchurch Street and saw prisoner. He said he could apprentice my boy and learn him the trade of electrical engineer, and that the premium would be £10. I saw him again and said I did not half care about it. He said, "If you think anything of it pay £5 down and agree to pay £5 in three months' time. I then paid the £5. Prisoner showed me some bills of the work he had done for different firm I did not read them as I am no scholar. On my paying the £5 prisoner gave me letter produced: "April 27, 1906.—Dear Sir,—I agree to take your son for three years and to teach him the business of electrician. Premium £10. Wages: First six months free, next six months 3s. a week, second year 6s. a week, third year 10s. a week, and 10 per cent, commission on any new orders he may obtain My son started the following Monday and stayed with prisoner five or six weeks. He went to Shoeburyness to live with prisoner. In May I went down and saw prisoner. I told him he was doing wrong in taking the boy away from his home. A week or two afterwards the boy came away.
Cross-examined. My son is now in Canada and has been there about eight months.
EDWARD JAMES REYNOLDS , Orange Road, Leyton, clerk and traveller. In September, 1906, in consequence of seeing advertise-ment produced, I saw prisoner at 14, Aldgate Avenue. He told me he was an electrical engineer and wanted an apprentice. He expected a lot of work shortly. He said he had done a lot of work at different places, and that he could give the boy a good trade and would learn the the trade in three years. On September 14 I signed agreement produced for my son to be his apprentice at a premium of £10; wages 5s. a week the first six months and 2s. rise every six months during the apprenticeship. I paid prisoner cheque pro-duced for £10, which has been honoured at my bank. I was induced to part with my money because prisoner said he had done a lot of work in various places, and he hoped to have further work coming on; that he had a big job coming on at South end, and he would take the boy down there and arrange for his lodging and food. He said he had other applications, and he wanted me to decide at once. I afterwards wanted some electrical work done, and I sent three times to the prisoner for him to come and do it, and went over myself, but could not see him, and he never came to do the work.
Cross-examined. I did not know prisoner had a long illness. When I saw prisoner I knew it was a slack time of the year in the electri-city trade.
GUSTAV ALFRED REYNOLDS , son of last witness. I am 17 years old. I started work with prisoner on September 10, 1906, at 14, Aldgate Avenue, the agreement being signed September 14, and remained there about two months. There was no work carried on while I was there. I had some written instructions given me by prisoner to study, and was shown some practical work by Lake. Prisoner did not show me how to do anything. There were no jobs or customers. My father sent and wanted some work done at his office. Prisoner used to come to the office daily for about two hours and would read books and write letters. I sat about in the office, looked at books, catalogues, and price-lists. On September 23 I had a note from prisoner saying he was ill, and telling me to take a week's holiday. Lake stayed about three weeks after I went there and then I was alone in the office. Prisoner came and told me he had had a fire down at Benfleet, and after that I never saw him. I continued to go to the office until one day I found it shut up.
Cross-examined. The other apprentice told me prisoner's wife was ill. There were about a dozen books in the office. I was not told to study them. I read the written instructions once. I found prisoner took no interest in me, so I stopped. I am now doing nothing.
Detective-sergeant HENRY GARRETT, City Police. On December 21, 1906, I was entrusted with a warrant for the arrest of prisoner, and on February 2 I found him in custody at Dover Police Station, saving had a letter from Inspector Phillips. I said to prisoner, "I am an officer of the City of London Police, and I am going to take you back to London on a charge of obtaining money by false pretences. I understand you have had this warrant read to you." He replied
"Yes. " I brought him to London. In the train he asked me who had taken action against him. I told him Lake and Reynolds had sworn the information. He said, "I cannot understand how this affair is to he made a criminal one. I had no intention to defraud the boys when I took them on. I had to use their money to bolster up my business. I kept hoping and hoping for work to come in, but it did not. When I agreed to repay the money I thought it was done with, and I showed the letters and agreements to a friend of mine, who assured me that I need have no fear of a criminal matter. Had I known that they were proceeding against me I should have forwarded my address to you. I have not tried to hide myself. Whilst at Deal or Dover I nave always been known by my own name, and have actually taken out a season ticket in that name I have done my best to keep the business going. I only made one mistake. I ought to have filed my petition. I got so deep I thought the best thing I could do was to bunk. I only had money from five boys—Smith, Hurley, Brock, Lake, and Reynolds—£59 in all. This is the first time I have had this trouble." He was formally charged at Bishopsgate Street Station and made no reply. He afterwards gave me exhibits two and three, and said one was an explanation as to the charges made against him, and the other a list of the firms he had done work for during the past three years.
Cross-examined. I communicated with the Dover police on the Thursday, and heard prisoner was in custody on the Friday evening, so that, there was not much difficulty in finding him. I did not caution prisoner before he made the statement; it was a voluntary statement. I have found he was living in his own name at 60, Glen-field Road. Dover. He had a season ticket taken in his own name. He told me he had no banking account, and absolutely denied that he had got any money except what was found upon him. The words about using the money to bolster up the business were his identical words. I made a note on arrival in London. We left Dover by the 2. 25 train and arrived at London Bridge at 5.25. Prisoner mentioned the £80 he received from the insurance company in respect of the fire at Benfleet. I knew of it before he told me. He explained that he had furnished a house at Dover with a portion of it, and the rest of it he had lived upon whilst at Dover; it had kept him for 10 weeks. He did not say that any portion of it had been paid in business debts.
FRANCIS JOSEPH WILLIAM DELME RADCLIFFE (prisoner, on oath). I am an electrical and telephone engineer, and started in business on my own account in Birmingham 13 years ago. I had a fair amount of business there, and consider myself proficient in my business. I took offices at 69, Fenchurch Street, and afterwards removed to 14, Aldgate Avenue, living at Shoeburyness, and I removed to Benfleet at the end of July, 1906. I had a fire here. I was insured in the Guardian for £100 and received £80. I spent part of that money
in paying debts at Benfleet and the remainder on furniture and living. I had very little stack at the office, as it is usually purchased for a job. When Lake and Brock came to me business was terribly quiet. I produce list showing the firms I have done business for and the nature of the work I changed the name I traded under from the Electrical Installation Company to the Electrical Wiring Company, because there was another firm of the same name and the letters went wrong—that was the only reason for that. I told one of the witnesses I had travelled 4,000 miles, meaning in my journeys to and from Shoeburyness. I was carrying on or endeavoring to carry on the business of electrical installation, telephones, electric bells, fire and burglar alarms, and the maintenance of electrical work. I have done jobs in the trade up to £800 or £1,000—that is one job of that amount. I then represented my father, but was in sole charge and carried the work out throughout. That was about 14 years ago, and it was passed by the Board of Trade. I usually arrived at the office at 10. 50 and left by the 4. 16 train. Between January and September, 1906, both myself and wife were ill. I instructed Brock in wiring, fitting electric light cable, and casing, so that he would be able to do a job. After he had been with me a short time he was able to go and correct a fault himself. When he left me he had a thorough grounding. He was engaged on the Distillery job, at Eaton, and at Levita and. He worked on the removal of wires at the Distillery. I told his father if his boy came to me I should do everything I could to teach him the electrical business, as I wanted him to be my right hand, to go out and work with me, and I wanted him to canvass and do correspondence. I gave his father a list of the firms I had worked for, which was perfectly true. Those firms have been called upon by the police and some are coming here. I mentioned Levita's, in Basinghall Street, where I had put a complete installation through the offices while at Fenchurch Street. The greater part was done just before Brock joined me. I put in 'a complete installation, at Hart's, in Holbom, after Brock joined Mr. Brook worked on that. I did not use the words "sound business" to Mr. Brock. I told him I was in business on my own account; there was no company. I told Mr. Smith the letters on the table were applications I had had from apprentices, and said nothing about their being with regard to work. I spoke to him of the work at Bagshot. I had a large contract there just before Smith joined me, and I afterwards put up an overhead telephone line there. I taught Smith all I could. The written instructions which I gave him to read are things which a boy must learn to get on. The catalogues were put before the boys because at the end there is a diagram and instructions as to installation. In the book produced there are complete instructions for estimating and how the work should be fitted, and what to do, and what not to do. The boys were to attend the evening classes and learn the theory, and told the practical part with me. I took them out to any work I had, and they did temporary fitting up in the office at Aldgate Avenue. On the ceiling they fixed casing, switches, etc. They tested
it under my instructions, and if the circuit was right it would ring a bell. I taught Lake in the same way. He helped me at Paterson's Hotel, at Finsbury Distillery, at 12 Aldgate Avenue, and at Hart's and he was instructed in the office. Reynolds came on September 10. I had very little work then. He did same canvassing and took estimates round. I gave him the written instructions to study. He was shown how to put the wires up. We would fix a hell and set the battery and he would go to one of the holders, and with a screwdriver make what we call a short circuit. If that circuit was complete it would ring a bell. We did not have the electric light, but used a battery instead. That is exactly the test we use on a job. Pocket-book produced shows a large number of firms I have given estimates to I was living at Dover in my own name, and my P. O. Savings Bank book was in my name—I had drawn out the money before I I was arrested. I did not say I used the money to "bolster up" my business, but "to pay business debts." I have never been bankrupt.
Cross-examined. I had one apprentice in Birmingham 12 years ago, where I had a very fair business. I removed to London five years ago to join the Post Office in regular employment on under-ground cable work at a salary. That closed about three or four years ago. I then started at 400, Kingsland Road, and worked up a decent business, and I was going on satisfactorily up to December, 1905. James came to assist me in October, 1905. and was with me for two or three weeks. Business was very quiet. He never looked after business, and he was dissatisfied, and had his money back. His agreement was to bring work in. and he brought none, and there was very little in. I wanted to get some youths to work up the business. I had got promises of work, and keeping on sending estimates out I expected to get the work. You can give the boys the theory of it in the office. I told Mr. Brook the business was a genuine business, that I was at work on my own account, that there was no company. He did not ask me if it was a "sound" business. I could not have said it was sound. It was bringing in money, sometimes £2, £3, and £4 a week, sometimes nothing for two or three weeks—about 30s. a week on an average at the beginning of 1906. When I took the three apprentices I had no doubt I should have sufficient work to keep them and pay them wages. I was disappointed right away throughout. Besides the four jobs mentioned there were many little repairing jobs I did myself. My being unable to pay the boys wages was the cause of their leaving. It was quite true on April 30 to say I had not been paid for the job at Hart's Peacock and Smith had then both left. Peacock was at Shoebury ness; I had undertaken to adopt him. Smith had gone because I could not pay him wages. The agreement with Brock was April 24, and that with Hurley April 26, and I got £25 with them within a day or two of my writing the letters to Smith. I still believed I should get business because I had promises from good firms. While I was at Aldgate Avenue there was a small job at 12B. Aldgate Avenue, one from Borthwick, Kingsland Road, another at Patersons
Hotel, another at the Tilbury Steam Laundry, another at the Oriental Café, Rood Lane. The whole of the work done while at Aldgate Avenue amounted to £10 or £12 between April and September. That would not be all profit; it included lamps. There would be £1 a week profit after material and goods were paid for. When I started it Aldgate Avenue I had two apprentices, Hurley and Lake. Their money had been used in paying debts. Their wages, if paid, would have taken all my profit. Brock left me in June; he had another berth; he wished to rejoin his old master. Hurley ran away from borne in June, and went to Canada. I took on Reynolds, as I wanted two—one to be in the office while the other went out with me. I did not tell his father I had just done a big job at South end. I told him I had estimates in for a job at South end, and when it came on his boy would be down on the work and be living with me at Shoeburyness, and his trains would be paid, and all his board found while he was at work on the job. I told him business was very quiet. His £10 went in the business—to pay the bailiffs out for one thing. I had a family and myself to support, and part of the money went in domestic expenses.
Re-examined. Reynolds gave evidence at the police court, but did not say anything about a big job at South end. Hurley had a disagreement with his mother, and after he went away from me he came back to Shoeburynees. His father came down to me two or three times, and he was sent off to Canada. There is no ground for saying I enticed him down. Mr. Hurley afterwards sent his youngest son to stop with me, and came with his wife and daughter, and they were most friendly. I had promises of work from Buckingham and Co., very large decorators; the Private Telephone Company, of Chancery Lane; Lockett and Handley; The Times Office Fitting Company, Coventry House; and Lewis, of Aldgate. When I took Reynolds and Brock I knew I could instruct them, and quite believed I should get the work. Brock left me on the best of terms. (To the Judge.) I arranged in writing to pay back Brock's premium at 40s. a month, and I made a verbal arrangement to pay back Smith's premium at 40s. a month. Mr. Smith made the remark to me, "I am very sorry things are so bad with you, but I do not like kicking a man when he is down." That was at the time I moved to Aldgate Avenue. Things were very bad then.
WILLIAM RODWELL BISHOP , manager to Levita and Co., Basinghall Street. My firm have employed the prisoner to entirely install electric light at a cost of £30 to £40. While the work was in pro-gress he brought three or four boys down there. The work commenced in September, 1905, and continued for about five months. He gave every satisfaction; his work answered perfectly.
Cross-examined. The work done in November, 1905, occupied a day and cost about 50s., which he was paid. The last work he did was in January, 1906.
and I employed him to do electric and other fittings in my shop. He did the original installation three years ago, and ho has supplied lamps etc., since. His work has been perfectly satisfactory. He has called about once a fortnight to solicit further orders and apparently his endeavoured to push his business.
Cross-examined. Prisoner did about three jobs last year amounting to 10s. to 30s. each between £2 and £3 altogether.
JOSEPH HART , 145, High Holborn, fruiterer. Prisoner fitted my shop with electric light about January 7, 1906, the work taking about two months. He brought two or three boys with him and seemed to be instructing them. I was quite satisfied with his work, and should employ him again.
Cross-examined. The work was finished about the middle of March, and was then paid for. He had some money in the middle of the work, and was paid the last of the money in March. It would not be true to say he was not paid on April 30.
Re-examined. Prisoner has made a claim on me for a further payment, which I dispute.
(To Mr. Leycester.) It is a matter of between £2 and £3. The total paid for the whole business was about £8 10s.
JAMES ANDREW BERTHA , manager and proprietor of Paterson's Hotel, Charterhouse Square. Prisoner has done electric lighting for me and repairs. He satisfied me in every way. (To the Judge.) He put some bells up and cut some electroliers down and supplied lamps from time to time. The last work was six or seven months ago.
Cross-examined. The only substantial work he did was to put the bells up and shorten the electroliers, that would be about March, 1906. I first employed him August 22, 1905.
THOMAS BREVITER , builder, contractor, and shop fitter. I have employed prisoner on several jobs to do the electric work and he has carried them out to my satisfaction. The first was the installation at Goudge's at Electro House of about twenty-five lights. I then employed him on installation at Coleston's, 24, Milton Street; then to put telephone communication between my office and work-shop and similar work at my faither's. In November, 1904, he carried out work at Messrs. Clowe's, Egerton Place, South Kensington, and at Birchall, Windlesham, Surrey, putting up bells and telephones; a complete installation at Oxford Gardens, Nothing Hill; and from time to time he has done small jobs, repairs, etc. I have been perfectly satisfied with his work and should employ him again if I had the opportunity.
Cross-examined. The last work prisoner did for me was in the middle of 1905.
Re-examined. There has been considerable slackness in the electric and building trades.
Verdict, Not guilty in the case of Brock; Guilty in the second and third cases of Lake and Reynolds.
Sentence, 12 months' imprisonment in second division.
OLD COURT; Saturday, March 2.
(Before Mr. Justice Ridley.)
Mr. Arthur Gill, for the prosecution, said that, having read the depositions, he had come to the conclusion that prisoner could not be held criminally liable for the negligence of his assistants, who had acted contrary to his orders in connection with making up a prescription.
Mr. Justice Ridley agreed, and said it would be an extension of the law if defendant was held liable criminally, whatever his position civilly. If there was any criminal liability at all it was on the assistant. He could not help thinking the coroner's jury had not fully considered that matter. By his lordships direction the jury returned a verdict of Not guilty.
OLD COURT; Monday, March 4.
(Before the Recorder.)
DONNELLAN, Edward Wilfred, otherwise B. Pellett (42, broker), and HOLLINGWORTH. John (53, manager), pleaded guilty to conspiring and agreeing together to defraud of their moneys and valuable securities Thomas Jones, Harold Edmund Hitchins, George Horlock, Robert William Greensmith, and others; obtaining by false pretences from Thomas Jones orders for the payment of £10 and £10; from Harold Edmund Hutchins £10, £15, and £25; from George Horlock £5, £5. and £10, and from Robert William Greensmith the sum of £5, in each case with intent to defraud. Sentence, Donnellan, 20 months' hard labour; Hollingworth, 12 months' hard labour.
Mr. Forster Boulton, M.P., and Mr. A. J. Lawrie prosecuted; Mr. Rooth defended.
LILIAN MARY POTTER , assistant to sub-postmaster at the Post Office at 159, East India Dock Road. On December 15 a Post Office Savings Account was opened with us in the name of Alec. Wills in the sum of 1s. The man who made the deposit signed the declaration that he had no other account. He filled in his name, address, and occupation, "27, North Street. Whitechapel; gasfitter's assistant." I signed as clerk. He gave me 1s. deposit, which I took and entered in the deposit book. I do not identify the prisoner.
Cross-examined. I was taken to Bow Street, where a number of people were put up for the purposes of identification. I did not pick the prisoner. In fact, I picked somebody else, a man whom I afterwards discovered to be called George Dacey. The transaction at the Post Office lasted about five minutes.
TEESDALE WALBECK , sub-postmaster, Lee Green. I see the enter of December 17 in the Savings Bank book handed to me. The stamp against the entry is not the stamp of my office. The second entry in the book is a forgery. I produce our stamp. There is no one in my office whose initials are "E. T."The stamp is not like ours, it is larger. One difference is the letter "A" in our stamp. The forged stamp is "De 17, 06, S. E. "; on the genuine stamp there is the letter "A," then "17 De."It might very well be that another postmaster, not having the genuine stamp before him, would think that the false one was genuine.
Cross-examined. I do not know prisoner.
ELIZA CANTY , assistant to sub-postmaster, Cambridge Heath Post Office. On Saturday, December 22, I went on duty at our office about four o'clock, and stayed between two and three hours. Prisoner came in about half-past four. He wanted 18s. on demand, and he produced this Savings Bank book. Under the rules of the Post Office any turn sum up to 20s. can be withdrawn without notice being given. This book showed deposits amounting to 31s. I gave prisoner an envelope to sign as well as the form. He signed in three different places as usual in my presence, and directed the envelope. I kept the envelope and the book and gave him 18s. He signed on the desk in front of me. The prisoner is the man who came in and got that 18s. in the way I have described. He was three or four minutes in the Post Office.
Cross-examined. I say prisoner is the man. He came in about half-past four. It was dark, but we had the gas alight. He stood on the other side of the grille. There was a Post Office notice hanging on each side of the grille. The gas was above. Some part of the time was occupied by his writing and some by my writing. When he was writing his head was towards the table, and when I was writing mine would be towards the table, with my eyes upon the paper upon which I was writing. I had time to see him. I spoke to him and asked him if it was his full name, and he said "Yes."During the time I was writing, and that he was writing, I cannot say I had not an opportunity of studying his features; I only had to fill in my initials on the form he gave me. I picked prisoner out. This took place on December 22, one of the busiest days in the year with us I am not only connected with the Post Office, but also am occupied in the business of a newsagent and tobacconist. I only relieve at the Post Office in the afternoon. I believe that three payments were made out on that day. There may have been only two. I said at the police court that I believed that there were three. I cannot state for certain how many. There may have been two or three. I
said at the police court: "The first man to whom I paid out money from the Savings Bank was well known to me; I cannot tell his name. I cannot tell what time he came in. I have no recollection of the second person to whom I paid out money nor what time. The third was the prisoner." I did not mention them in any order. I cannot say in what order they came in. I said that I paid about three withdrawals that day. The gentleman that was cross-examining me placed them in that order himself, and I answered accordingly, but I did not know that I was to state that they came in that order, or I should have corrected him. There were one or two little things to fix this transaction in my mind. There was nothing particular in his dress or face. My sister was present, labelling parcels. She is not here. December 22 and 24 were the two busiest days of the whole year. I was not called to the Post Office to identify the man until January 11. I only saw him on those two occasions. On January 11 Detective White called upon me about two o'clock and asked me to go to the Post Office. We went by tram, which took about 20 minutes. It may have been longer. White never mentioned the subject of the man they had in custody to me. I was told of it, and I then went into the office and saw White. In the tram we talked about the weather and the cars and so on. We went to the General Post Office, and I was there some good while before I saw prisoner, about half an hour. At. the police station I saw 13 or 14 girls, who failed to identify the man. No officer said anything to me about the man having a piece of flannel round his neck nor about his dress. About 20 men were put before me. I said before the magistrate, "I cannot tell how he was dressed; I did not identify him by his clothes at all." There, was nothing. peculiar about hit face. I did not notice that when put up. for identification he had a piece of flannel round his neck. I noticed that in the police station. When before the magistrate I said in cross-examination, "I believe he was wearing a white scarf."I said, "I believe he was wearing a piece of flannel round his neck as he is now; I think 'he had a scarf besides that." I did not notice he was wearing a flannel till after I had identified him. I identified him by his face and appearance. All but two of the men had bowler hats on. I did not notice that all the others had collars and ties. I said before the magistrate, "The majority of them had bowler hats on and collars and ties." The prisoner was wearing a cap and a flannel and scarf.
Re-examined. The reason I remember this occasion was asking the man if he had given his full name, and his giving the address of North Street, Whitechapel on the envelope. I identified the man at once by his face. These documents put before me show the payments made by me on that day. It does not tell me the order, because in the case of books which are open at the Cambridge Heath Office the entries are made on a blue sheet, and others on a white sheet. The man whom I knew was Allingham, on the white sheet. I believe he came in first, but I am not sure. If he did, prisoner came in last, because his entry is the second on the blue sheet. The Post Office notices hanging up did not prevent me seeing through the grille.
HELBERT GANSON . clerk in the Savings Bank Department, General Post Office. I produce a certified copy of the account in question which shows it is overdrawn to the extent of 17s. I have compared it with the ledger. There was no deposit in the account of Alec Wills except 1s., and 18s. was withdrawn on December 22.
Police-constable PERCY WHITE, A Division, attached to the General Post Office. On January 11 I took prisoner into custody to the police station, Cannon Row, and charged him with obtaining 18s. on December 22 I saw prisoner on a 'bus in Burdett Road, Bow, about 11.15 a.m. I did not arrest him then, but asked him to go to the General Post Office, in connection with the Post Office Savings Bank. He said, "I have no objection," and asked me what for. I told him it was in connection with the Savings Bank, and he said, "What! Has somebody been taking out some money? How did you know me? Who has been giving my name. There are a lot of people who have got my cards. "
By the Court. He practically denied all knowledge of it. He was then taken to the General Post Office and was identified by Miss Canty. He was afterwards given into my custody, about 7 p.m., by an official of the General Posit Office. When charged he made no I reply.
Cross-examined. Prisoner had been in my company from 11. 15 till seven p.m. Miss Canty arrived at the General Post Office at a little after two p.m. When we got to the General Post Office to had to send for the various witnesses to see if they could identify him—five in all. I was not present when Miss Canty identified him. I know that a specimen of prisoner's handwriting was obtained; he was asked to write certain words on this sheet of paper, which if now handed to me (Exhibit 4). I cannot say that it is a schoolboy sort of hand. When I asked him to go to the General Post Office he said, "I have no objection if you will tell me what for."I did not say, "You will see when you get there."Mr. Romaine said that. (The documents signed "Alec Wills," together with the admitted handwriting of the prisoner, obtained from him at the General Post Office, were examined by the jury.)
By the Court. I did not go to 27, North Street to find if a man of the name of Alec Wills lived there. Prisoner lived at 8, Burden Road, Bow.
Police-constable BARRY HOLTHAM. I was at the police station at Cannon Row when prisoner was charged. He made no reply.
Prisoner's statement before the magistrate; "I am not guilty, and I wish to call evidence of an alibi in respect of the first case.
my father came home from Amsterdam, where he had been on business for four or five months. He is a diamond polisher. I met him at Liverpool Street at a little after nine a.m. We went to see Mrs. Nordheim. my aunt. Then we went home and dined just on four o'clock. We arrived home from seeing Mrs. Nordheim about 1. 30, and I remained at home all the time. The whole family was present at dinner—father, mother, sisters, and brothers; two sisters and three of my brothers. The dinner lasted about 20 minutes; we finished a little after 4. 15. I am a Jew, and December 22 was our Sabbath. The Sabbath terminated about 4. 30. Immediately it closes my uncle opens his shop. Mr. Nordheim is my uncle and keeps a baker's shop in Middlesex Street, Aldgate. After dinner I went to get some bread for my mother. I waited at his shop for two or three minutes till my uncle got his shutters down. Their private address, where I had been in the morning, was at 4, Bow Road. The baker's shop is a penny ride by motor-'bus from where I was then living. I got the loaves about 4. 35. Then I went to some paper people, Bland's, in the Commercial Road, about five minutes' walk, to get some stationery. I got there about 4. 45 and stayed there two or three minutes, and then went straight home by train from St. Mary's Station on the District Railway, back to 8, Burdett Road, arriving there about 5. 5. My eldest sister, Julia, was at home with her baby. My father and mother had left I had my tea at home, which took about a quarter of an hour. Then I went to 8, Cleveland Grove, Mile End, to a printer of the name of Spring, and assisted him in doing some printing, because he was very busy. I am a printer's commission agent, and I had bought the paper in order to execute an order for printing. He did it while I was there. It was not much. The customer was a sketch company. I left between 6. 20 and 6. 30, and then went to deliver the order at the Camtridge Music Hall, Commercial Street, where I remained till 12 p.m., and then went home. The documents handed to me in connection with the Post Office matter are not in my handwriting. The other document was written by me at the General Post Office by request I was not at the Post Office at East India Dock Road in December and never deposited a sum of 1s. The signature "Alec Wills" is not in my writing, either on Exhibit 2, 3, or 5. I have never resided at 27, North Street, Whitechapel. I did not go to the Cambridge Heath Post Office on December 22, and never saw Miss Canty till she was brought to the General Post Office. I did not get the 18s. I went to the General Post Office about 11. 30. I was wearing at that time a flannel round my neck because I had a sore throat. I did not wear a scarf. I wore a black tie, as I had lost my grandfather the week before. The other men from whom I was identified all had collars and ties on, and nearly all had bowler hats. On that day I wore a cap. I was the only one who had a cap on. The others looked like clerks from the office and had nothing on their heads. Some had bowler hats. I was the only Jew.
Cross-examined. The dinner was rather a special occasion. It lasted about 20 minutes. We had soup, an entree, roast beef and
chicken, potatoes and cabbage, and a sweet. We managed to etc all that in 20 minutes. It does not take long to eat that, surely. There were eight people to be helped. I left home about 4. 15 to get some bread. My uncle put it in a newspaper parcel. Then I went to Bland's, and got back home about five, and had a cup of lea, and left at 5. 15, and went to a man named Spring. He is here today. From there I went to the Cambridge Music Hall, and met about 20 or 30 different people. I did not meet any of my own family there. My father was at Richmond at the time, with my youngest sister, who was working there. She is a music-hall artiste. I do not know where the Cambridge Heath Post Office is. I know the Cambridge Road. I know one Post Office just past the Foresters, but Chat is not the one in this case. I have been on bail, but I have not been to look at the Post Office. My parents would not let The out of their sight. The Foresters' Music Hall, which must be near the post office in Cambridge Road, is from 2 to 2 1/4; miles from Burdett Road, and it is about the same distance from Middlesex Street. Cambridge Road lies in the centre between Burdett Road and Middlesex Street. Cambridge Road runs off the Mile End Road. One would pass it on the way to Middlesex Street. It is about threequarters of a mile from my house to the top of Cambridge Road. At that time I was in the habit of going to my uncle's to fetch bread about four days a week. Tobias has a cigar-shop and we live upstairs. I saw him or 'his brother on the afternoon of December 22 One has to pass through the shop to go in and out, but there is a shaving saloon at the back, behind the cigar-shop, and I do not look in there as I go past. I got back from the Cambridge Music Hall about 12 p.m. I came home with one of the ladies of the sketch company for a certain distance. All were at home except my eldest brother. I do not remember whether the shop was closed. The door is always open. We are always home just before 12. Business places never close till 12. The shaving saloon closes at ten, but the codacconist keeps open till 12.30 sometimes.
Re-examined I had been with my father nearly all the day so that there was nothing to keep me at dinner. My youngest sister had an engagement at Richmond, and they had to catch a train which left at 5.15, I think. My father and mother went with her. My mother always dresses her.
EVE SPEAR , wife of Emanuel Spear, mother of prisoner. I live at 8, Burdett Road, and remember my husband coming home from Holland on December 22. My son and daughter went to meet him, at Liverpool Street. We dined about 3.45. The whole of the family was (present. My son got up from the table about 4.15 or 4.20 to go to the baker's. It is my sister's shop. He could not get toe uread until the Jewish Sabbath ended, at 4.30. My husband and I went with my daugnter to Richmond, starting about 5.10 or 5.15. We got back about 11 p.m. I think my son was in before we got home, but I am not sure. I know my son went to the Cambridge
Music Hall that night. I almost think he was at home when I arrived at 11 pm.
Cross-examined. My husband arrived between nine and ten a.m. We took about half an hour for dinner; it may have been a little more. We all left table at the same time. There was the usual Saturday's dinner. We had soup, a baked dish, baked potatoes, chicken, greens of some kind, and sweets to follow. I asked my son if he was going anywhere near there, would be bring the bread along with him. He was in the habit of doing so when he went that way. He usually got four loaves.
JULIA SPEAR , daughter of the last witness and sister of prisoner I live at home with my parents. I accompanied my brother to Liverpool Street and returned with my father. We had dinner together. My brother went out about 4. 10 or 4. 15 and came back about 5 or 5.5, with some bread, which he had got from my aunt, Mrs. Nordheim. He had some tea and then went out. He told me he was going to his printer. I think we were all up when he came back. I could not say the time. I think he came back after the music-hall show.
Cross-examined. My mother and I were up when my brother came home from the music-hall. We were all speaking to dad; we were excited. I saw my brother come, in with the bread; it was in a newspaper.
ISAAC MOLAN . 37, Middlesex Street, Aldgate. I manage the baker's business carried on by Mr. Nordheim. Mrs. Spear and Mrs. Nordheim are sisters. I remember December 22 last. The Jewish Sabbath ended about 4.30. I remember prisoner calling for some bread, which he took away. I wrapped it up in a sheet of paper. That was about 4.30.
Cross-examined. He had four loaves. I cannot remember what kind of paper. I have brown paper and newspapers at my place. I was about to open the shop when prisoner came.
ISAAC SPRING , printer, 8, Cleveland Grove, Mile End. Prisoner called on me on December 22 about 5.30 and brought me some orders to carry out He brought me some paper on which to print the orders. He was with me till about 7.30.
(Mr. Rooth was about to call Mr. Gurrin, the handwriting expert, on behalf of the prisoner, when the jury intimated that they had arrived at the conclusion that the documents were not in the same handwriting as that of the prisoner when they inspected them.)
Verdict, Not guilty.
(Tuesday, March 5.)
(Before Judge Rentoul.)
Prisoner was tried on a further indictment, charging him with feloniously demanding and obtaining the sum of 18s., by virtue of a certain forged instrument, to wit, a Post Office Savings Bank deposit book, with intent to defraud.
LOUISA CLOW , assistant to the sub-postmaster at 14, Victoria Dock Road, Canning Town. On Saturday, December 15, 1906, between six and eight p.m., prisoner entered my post office, said he wished to open an account, and signed declaration produced, which I witnessed. He paid 1s. I gave him bank book produced, and he left I next saw him at the General Post Office, where he was placed among 18 or 20 men, all pretty respectably dressed and about the same height, and I picked prisoner out as the man who had opened the account. I have no doubt about his being the man.
Cross-examined. I am quite sure I never had a doubt. I once said so, but that was said in a hurry. I did not choose my words about it; I was somewhat confused at the time; that was after I had identified him. I was confused by the prisoner continually calling out. I said to the officer, "I should not like to be quite sure." That was after I had identified him. I had never seen prisoner till December 15, and I next saw him 27 days afterwards, on January 11 I should probably see about 30 people a day in the office-about 700 altogether in that period. I said before the magistrate I could not identify him by his clothes, and there was nothing in his face that I know of to distinguish him from other men—that was true. I do not remember what clothes he had on. I was not at all satisfied the first time I saw him; I went up and down the line twice, and then I picked him out. I did not notice that he was one of the very few who were wearing caps and that nearly all the rest wore bowler hats. I did not observe that he had a piece of flannel round his neck. I did not notice whether he wore a collar. Some had, some had mufflers on. I was not told by Miss Canty that the man she had picked out had got a piece of flannel round his neck. I was the first to go in. Saturday, December 15, was a very slack evening. Prisoner was in the office about five minutes. I was behind the grille, on which there was a small notice hung up. He had to write and I had to write. I did not identify him by the top of his head. I saw hit face. I wrote "Mr. Robert Moffat, 227, Commercial Road, E„" on the book and filled up the body of the application form, he signing it "Robert Moffat." I got to the General Post Office about 2.15 and left about 5 p.m.
Re-examined. The 700 people that I have seen in the office include men, women, and children. (The deposition of the witness before the magistrate was read.) (To the jury.) I slept at home last night and came down alone by horse 'bus to the City and walked down Cheapside. At the corner of Newgate Street I met Miss Canty and spoke about the weather. I have not spoken to Miss Canty or anyone else about this case. The detective, whom I knew in connection With the case, came up at the end of Newgate Street and said, "Good morning," and then I walked along with Miss Canty. There was nothing said between me and the detective about this case or this
court, or anything of that sort. He walked alongside me and Miss Canty and joined in general conversation.
A Juryman. I walked along by the side of you, and I know you were talking about the case.
The Judge said it was a question whether this should have been tried by the same jury.
The Juryman said he might say he had formed an opinion about the case.
Judge Rentoul said that under the circumstances he had no alternative but to discharge the jury. A juryman having (no doubt perfectly honestly) formed an opinion, and probably having done so before the case commenced, and now having tendered a statement that the witness's statement on oath was false, he had no alternative but to discharge the jury. The jury then left the box and a fresh, jury were sworn.
TEESDALE WALBANK , sub-postmaster. Lee Green Post Office. Post mark on bank book (produced) is not that of my post office, and is a forgery made off some die. It is larger than the genuine stamp, and one has "12th December" and the other "December 12." The initials against the deposit are not made by anyone in my office, and are a forgery.
Cross-examined. I have never seen prisoner until yesterday.
HEEMANN GANSOM , clerk in the Savings Bank Department, G.P.O. I produce certified copy of the account of Robert Moffatt, commenced at Victoria Dock Road Post Office on December 15 by a payment in of 1s., and showing 18s. 8d. drawn out on December 22, making an overdraft of 17s. 8d. No such sum as 30s. has been paid in.
Police-constable PERCY WHITE, attached to the G.P.O. I took prisoner into custody on January 11. He lives at 8, Burdett Road, Bow. He was taken to Cannon Row Police Station. I took him to the G.P.O. for identification. He was asked to write some names down, which he did on paper (produced). He also wrote on a pocket-book, which I took possession of, the name of Frederick Smith, a name which he had been asked to write. He was charged won after seven p.m., and made no reply.
Cross-examined. I gave evidence yesterday, and stated in reply" to the Recorder that the (prisoner denied being implicated in these charges. He has denied it all along. At the police court he gave evidence and denied it on oath. Someone suggested the name of Frederick Smith for the prisoner to write down.
Re-examined. We have not been able to find out who Frederick Smith is.
We lived at 32, Clifton Road, Mile End, up to December 15, when I assisted in the moving to 8. Burdett Road. My father was absent in Amsterdam at the time. We started moving about 10. 30 a.m., and finished at three to four p.m. I was never at Victoria Dock Road, Canning Town, Post Office, and I have never seen the witness, Louisa Clow. When we had moved I laid the oilcloth down and put a few things straight At 6.30 p.m. I went with my mother to Bow Palace of Varieties, where my sister was engaged as an artiste. There are two houses a night, and my sister played in both, her second turn being over at 9.15 to 10 p.m., and we then left, reaching home about 11 p.m. I remember being arrested, taken to the G.P.O., and put up for identification. I had a piece of light blue flannel round my neck and a black tie, and I was wearing a cap. Most of the men from whom I was identified wore bowler hats. I was the only Jew among them. Five girls and one man were brought to identify me.
Cross-examined. Miss Canty and Miss Clow identified me. I did not hear Mr. Marchmont identify me. He said at the police court he saw me in the street. At four p.m. on December 15 I was at 8, Burdett Road, and stayed there till about 6, when we washed and dressed and I went with my mother to the Palace, and we stayed till the end. My sister received her money that night. At the General Post Office I was asked to write the name down of "Frederick Smith, 8, Burden Road," and I wrote the name down in my book, but not the address. When I got home I did not ask whether any Frederick Smith had lived at 8, Burdett Road; I did not see the landlord. I did not think it remarkable that Frederick Smith, of 8, Burdett Road, should be connected with this case, as we were not living there at the time. I was not told that it was a charge that was made; it was read to me out of one of the bank books. There was no charge in that name of Frederick Smith, so I did not need to inquire into it. I wrote it in my book because the address of 8, Burdett Road was used in the name of Frederick Smith. There was no necessity to make inquiries as to whether Frederick Smith had lived at 8, Burdett Road. I was not living there when the name was signed in that book. I did not make any inquiries. I was not in the charge of 8, Burdett Road, and I did not know it was in connection with these charges. I nave been out on bail three weeks. I have never been down to the Victoria Dock Road Post Office or to Bishop's Road, Victoria Park, Post Office. I do not know any post office round that district. I have not made any inquiries to find out where they are—my solicitor have been asked to do that. I use the note book produced for entering orders in. Everything on page 10 is in my writing except the word "girls," the words, "Roberts, agent, Pearl Life Insurance, and the "s" after "Colona's. " All the names on the first page, which is numbered 7, are in my writing.
Re-examined. Miss Canty said yesterday I was not the man and the Jury acquitted me, and the Recorder said that he entirely agreed
with the verdict. I have heard of Victoria Park, and think it is about 1 1/2 or two miles from where I have lived. I do not know that I have ever been there—certainly not for the last 10 years. I was not there on December 15 or since. I was asked by the secretary of the Post Office to write "Frederick Smith, 8, Burdett Road," after be had called out a number of other names. As it was my address, I put the name in my book.
Mrs. SPEAR, mother of the prisoner. I moved to 8, Burdett Road on December 15. I produce my rent book and the receipt of Spinks, who moved my furniture, which show the date. Prisoner helped me to move, and when we got into the new rooms nailed down the oil cloth. He was with me all day and helped to settle the place, and. in the evening went with me to Bow Palace of Varieties to take hit sister's basket home. She was performing there as a music-hall artiste. We left home between six and seven p.m., and came home together when she had finished her turn.
Cross-examined. Prisoner or one of the younger children goes for the bread. Prisoner did not go on December 15 because he was helping me with the moving. The daughters were all helping also, but my elder son was at business. There is Bessie, there is Hermann, and there is Louy and the baby. The youngest boy, excepting the baby, is 12 years old. He sometimes goes for the bread. He may have given assistance in moving, carrying little things, but he could not put oilcloth down. There are six rooms. I do not say it was all done that day. but prisoner was preparing the place as soon at. possible for his father to come home the following week: We want to the Bow Palace between six and seven p.m. Prisoner goes with me everv evening when it is time for his sister's basket to come home. We had a rush to get dressed and washed to go to the musichall that evening, and my daughter was too tired almost, after helping me to move, to do her turn. I know Victoria Park, but I do not know Bishop's Road. I know Victoria Dock Road because my daughter has played at the Royal Albert about two years ago. I have never timed it to know how long it would take to go there from Burdett Road. I lived in Aldgate at that time. On December 15 we left the hall some time after my daughter's second turn was over.
Re-examined. I did not hurry to get home on December 15. I left between 10 and 11. I had to take her money. The prisoner was there till we left.
THOMAS HENRY GUBBIN . The first time I gave evidence in this Court is about 22 years ago. I have made a study of handwriting during that time, and have given evidence on something between 1,000 and 1,500 cases. I have made the comparison of handwriting a particular study. I have seen Exhibits 1, 2, 3 and 4; they all appear to be in one writing. I do not see any resemblance between them and the prisoner's writing. Looking at the declaration form in this case and page 1 of the bank book, there is a similarity in style between the name "Wills" and "Moffatt," but, of course, they
are not the same group of letters to compare. Looking at the prisoner's writing of "Moffatt, "I do not see any resemblance to justify me in thinking they are the same writing as the book and form. I do not see the least resemblance between them.
Cross-examined. Looking at "Tom" on page 10 of the notebook the "T" is made with similar strokes to the "T" in "Taylor." I may say I do not profess to express an opinion at first sight of the handwriting. I always ask for time to examine. Looking at page 7 of the note-book I could not say whether all the words on that page are written by the same hand. Looking at the "c" in Alick and the "c" in Jack they are both peculiar; there is some resemblance, but not sufficiently close to make me think they are the same hand. I have been mistaken in opinions I have given.
(Evidence called in rebuttal of the alibi.)
HARRY TOBIAS . 8, Burdett Road, tobacconist. Prisoner and his family are tenants of mine since December 15 last. I saw the prisoner on that day at about 4.50 p.m. I saw him go out about 5.30. I cannot say for certain that he went—such a lot of people come in and out. I could not say whether he went out by himself or with anybody else. I did not notice whether anybody went for bread on that day.
Verdict, Not guilty.
At the suggestion of the Judge, no evidence was offered on a further indictment, charging prisoner with demanding and obtaining the sum of 10s. 6d. in a similar manner, and the jury returned a verdict of Not guilty.
NEW COURT; Tuesday, February 26.
(Before the Recorder.)
TARR. Charles (32, diamond polisher), and McCULLOUGH, Robert George Emmett (54, jeweller) ; both forging and uttering an order for the payment of £94 15s., with intent to defraud. Tarr, stealing an order for the payment of £94 15s., the property of Harley Rayner Hodder and another, and feloniously receiving same.
Sir Charles Mathews, Mr. Arnold Ward, and Mr. Percival Clarke prosecuted. Mr. Burnie defended Tarr.
HARRY PARKER , clerk to Union of London and Smiths Bank, 2, Princes Street, E. C. On December 20, 1906, at about noon, cheque produced, drawn by Hodder and Penny, a customer of the Bank, in favour of F. Dupont or bearer, for £94 15s., was presented over the counter at my bank. Believing the cheque to be genuine, I cashed it, giving 10 £5 notes, Nos. 34783 to 34792, dated April 4. 1906, and
£44 15s. in gold and silver. I could not identify the man who presented it.
Cross-examined by Mr. Burnie. There was nothing to excite suspicion in the signature. I consider it a very good imitation.
CHARLES JOHN WILLIAMS , clerk in the bank note office of the Bank of England. I produce 10 £5 notes, Nos. 34783—92, dated April 4, 1906, which were received at the Bank of England between December 22,1906, and January 2, 1907.
HARLEY RAYNER HODDER , solicitor, of Hodder and Penny, 76, Finsbury Pavement. I am in control of the business of my firm at the City office, Mr. Penny conducting the office at Harlesden. The office is on the second floor, where there is a clerks' office, divided by a partition, and my private room. There are two clerks in the outer office, which communicates with my room, and there is also a door from my room on to the corridor. We have a banking account with Smiths to the Union of London Bank. Cheque book produced was issued to us in November, 1906. I usually keep it in the left-hand drawer of the safe, the key of which is kept by me, but I may have omitted to put it away before leaving the office. It would then be left on a ledge on my desk beneath the pigeon holes above it. On December 19, at quarter to one, I drew cheque produced for £5, which was cashed by my clerk, and is numbered 35829. On December 20, at five minutes to one, I drew cheque produced for 10s. 6d., No. 35831. I recollect drawing both these cheques just before going to lunch. Cheque No. 35830 is missing, having been torn out of the book, and there being a small portion of the counterfoil left. I did not notice the omission of that number at the time. On December 21 I sent for my pass book and found a debit entry of "Dupont, £94 15s." No such cheque was drawn by me, and, on referring to the returned cheques, I found the cheque produced, No. 35830, which is a forgery. The signature is a fair imitation of my signature. The two clerks who were then, and now, in my. service are here.
Cross-examined by Mr. Burnie. I did not notice when drawing the 10s. 6d. cheque that the preceding number was missing. It may have been torn out at any time previous to December 20. I usually pass through the clerks' office to go out, the door, from my room on to the corridor being used for a client to leave, but I have occasionally gone out by it. I should not take my cheque book from the safe unless I desired to draw a cheque. When I leave in the evening the private door is always locked.
(Thursday, February 28.)
ALICE TYLER ,76, Finsbury Pavement, office cleaner. On Tuesday, December 18, 1906, I commenced sweeping the offices on the second floor at six p.m., and was doing Hodder and Penny's office from 630 to 6. 55, when I saw Tarr, who cleans the windows, enter Hodder and Penny's, where he remained till 9. 15. He then did other offices
and left about nine p.m. On Wednesday, December 19, I was doing special cleaning (washing floors, etc.), from 6. 45 till 11 p.m. Tarr had the master key from Bates, the housekeeper, and was cleaning the windows in Relph's office on second floor. I did not see him in Hodder and Penny's.
Cross-examined by Mr. Burnie. Tarr cleans all the windows is the building. On December 19 he went on the third floor after doing Relph's windows.
THOMAS EDWARD BATES , housekeeper, 76, Finsbury Pavement. I live on the premises, open the outer door at seven a.m., and close it at eight p.m. Tarr has cleaned the windows for about three years, coming every two months for about four nights from six to nine p.m. He came on December 17 and commenced the first floor; on December 18 he finished the first floor and the second floor—I gave him the master key which opens Hodder and Penny's offices; on December 19 he again had the master key of the second floor, and I opened Relph's office, for which there is a special key. (To the Recorder.) He came in the ordinary way, I paid him 10s. 6d. in the ordinary way, and he gave the receipt (produced) in the ordinary way.
ALEXANDER ROBERTSON , clerk to Hodder and Penny. I generally leave the office at 6.30. Book (produced) shows the time the last letters are posted—December 17, 7.30; December 18, 6.30; December 19, 6.0 p.m. Those are the times I left. On January 3 and 4 I compared returned cheques with the counterfoils, and found that certain cheques were missing. Mr. Hodder left the office about six p.m.
At the request of McCullough, the foregoing witnesses were recalled, and all stated they had never seen him before.
WILLIAM CONWAY , assistant manager to Shorts, wine merchants, 309. High Holborn. On December 20, at about five (p.m., McCullough called for a whisky, and tendered £5 note No. 34,785 (produced) in payment. I asked him to endorse it, handed him a pencil and he wrote, "Dupont, 28, Smith Street, Islington."I deducted 4d. for the drink, and gave him £4 19s. 8d. change. I have no doubt he is the man, and I identified him at the Mansion House He was a stranger to me.
HENRY CORSTON , assistant to Jacobus, bootmaker, Shaftesbury Avenue. On Thursday, December 20, at two p.m. McCullough bought a pair of boots at my shop for 14s. 6d. and tendered £5 note (produced). No. 34,788, in payment. I asked him to endorse it which he did: "F. Dupont, 28, Smith Street, Islington." I then gave him the change, £4 5s. 6d.
FREDERICK YORKE , manager, "London Spa" public-house, Exmouth Street. Clerkenwell. On December 20, between four and five p.m., McCullough came to my public-house with a friend, ordered drinks, and tendered a £5 note, for which I gave him the change, the drinks being about 3d. or 4d. I took two £5 notes that day, one of which
Is the note (produced) No. 34783; the other was taken later in the evening. I could not tell which note prisoner gave me. I frequently change notes for customers.
JOHN HENRY SCOTT , salesman to Charles Baker and Co., outfitters, High Holborn. On December 20 McCullough came in, bought a pair of trousers ready made for 18s. 11d., and paid for them with a £5 note, for which bill (produced) is the invoice. I have since identified the trousers at Ohlson's, pawnbroker, Caledonian Road, where they were pledged for 4s.
Sergeant JOHN RICHARDS, V Division. On January 28, at 10 p.m., I arrested McCullough in Meredith Street, Clerkenwell. I said, George, I am going to arrest you on suspicion of forging and uttering a cheque on December 20 last, and by that means obtaining a sum of £94 15s" He said, "You have made a big mistake."I then said,"You answer the description of the man who has been changing these bank notes."He said, "I know nothing about it" He was taken to Ring's Cross Road Police Station, and afterwards handed over to the City Police.
To McCullough. You did not say, "It is nothing to do with me," but I know nothing about it. "
Detective-Inspector JAMBS MURPHY, City Police. I saw McCullough on the morning of January 29 at the temporary offices of the City Police. I told him I was an inspector of police and I was making some inquiries respecting the forging of a cheque for £94 15s. drawn in favour of Dupont, purporting to have been signed by Hodder and Penny, solicitors, of 76, Fine bury Pavement. I told him whatever he said would be used in evidence against him. This was eaters he was charged. I said, "The cheque was paid by £44 15s. gold and silver and 10 £5 notes. Those notes have been traced, and you answer the description of the man who cashed them." He said, "On the evening of December 19 I met a Frenchman named Dupont, who speaks little English, at Finch's public-house in Goodge Street, Tottenham Court Road. He showed me the cheque. I said to him, At you owe me £50, you had better cash it and pay me. I left him after making an appointment with him for the next morning at the Swiss Hotel in Old Compton Street. We came together down to the Union Bank in Princes Street, where Dupont handed me the cheque, which I presented for payment and received £44 15s. in gold and silver and 10 £5 notes. I handed the gold and silver to Dupont; the ten £5 notes I cashed during the evening. With one note I went in and purchased a pair of boots, which I am now wearing; with a second note I purchased a pair of trousers, which I have since given away. " I said, "What did Dupont owe you £50 for?" He said, "I am a jeweller, and I made a brooch and a pair of ear-rings for him." I said, "Where did you get the material for the manufacture of, the
brooch and ear-rings?" He said, "I melted some sovereigns. " I then asked him where Dupont could be found. He said, "In the neighbourhood of Charlotte Street, Fitzroy Square. I do not know his address. I have known him five months." I said, "What kind of man is Duxont?" He said, "He is about 48 years of age, stout-built, 5 ft. 10 in. in height, black hair and moustache, and square shoulders." I then suggested we should go to the neighbourhood of Charlotte Street, and we went together with another officer. It is a neighbourhood much frequented by foreigners. I went with McCullough to the first floor of the "Blue Posts," in Charlotte Street, then to Finch's, in Goodge Street, from there to the Swiss Hotel, in Old Compton Street, and to another place, but failed to find any trace of Dupont. I have since made inquiries myself, but have failed to find or hear of him. The search took about 2 1/2 hours. On our return McCullough was charged, at about four p.m Tarr had then been arrested, and I saw him at Roman Wall House. I told him who I was, and that I was making inquiries respecting a cheque which had been stolen from an office on the second floor of 76, Finsbury Pavement on the evening of December 19. I also said, "I believe you were there on that evening cleaning windows." I cantioned him. I told him McCullough was in custody. I showed him the cheque produced and also receipts produced, which he had given for payment for window-cleaning. In reply he said, "I have never seen this cheque before in my life. The memorandum forms are my writing, but I have never seen this cheque before." I called his attention to the "Mr." on the cheque and the receipt. He said, "They are very much alike, but I know nothing whatever about the cheque." (To the Recorder.) Looking at the last of the receipts, the "Mr." is written much larger. It resembles the "Mr." on the cheque somewhat. but not nearly so much as the others do. (To Sir Charles Mathews.) I think the others are very much alike, and very much like the writing on the cheque. Tarr and McCullough were charged together. I asked Tarr if he knew McCullough. He said, "I know his face in Islington, I do not know his name. I have never spoken to him." McCullough said, referring to Tarr, "I know his face in Islington. "
Cross-examined by Mr. Burnie. The "r" is very much alike, but the second and third limbs of the "M" on the cheque are more sunk than on the receipt. The forged cheque is not, apparently, all written by the same hand, the "Mr." is written differently—not with the same pen. (To the Recorder.) The receipts are all in the same handwriting. There is no resemblance with the cheque except in the "Mr."
Detective ALFRED ANDERTON, City Police. I arrested Tarr at 10 a.m. on January 29 in Farringdon Street. I was with Detective Wag-staffe. I told him we were police officers and that we had a man in custody charged with forging the cheque, and he was to be charged with being concerned. Tarr said, "Go on, you are having a game with me. You are International men" (meaning the International
Window Cleaning Company). We were in plain clothes. I said, "No, we are police officers."I then repeated the charge to him. He said, "I do not know anything about it."He was taken to the Cloak Line Police Station, and, after being charged, was searched. I found on him two books containing a number of names with amounts in shillings. Tarr saw me reading the names, and said, "That is money that I have lent to various men I know."The book shows loans amounting to about £7. The other book also contains names and amounts. Tarr said, "That is women I have been selling goods to, and they are paying me 6d. and 9d. a week." He said he was going to set his wife up in business on the tally system—that it, to sell clothing on the instalment system. At his lodgings in Busaco Street I found diary produced containing entries of window-cleaning, the last being October 23, 1905. I then went to McCullough's room in Camming Street, where I found bill produced for a pair of trousers—18s. 1d., and amongst a number of other pawntickets one from C. H. Ohlson, of January 28,1907, for a pair of trousers, 4s., in the name of John Brooks, and a rent book relating to lodgings in Myddelton Street, Clerkenwell, from October, 1905, to November, 1906, in the name of "Mr. Moncat."
Police-constable FREDERICK WAGSTAFFE, City Police. On January 29 I kept observation upon Tarr and arrested him with the last witness. At his lodgings I found a bundle of bills relating to purchases between January 9 and 22 to the amount of £12 17s., of women's clothing, boots, etc., apparently connected with the tally business. Tarr said they were bills for goods bought out of money he received from the benefit which was held for him after his accident in 1906. I believe he had fallen from a window about March, 1906, and fractured his bee. He was an in-patient at the hospital, and a benefit was held at the "Empress of Russia" public-house, in John Street, darkenwell, from which I heard he received about £11.
Mr. Burnde submitted that there was no case against Tarr.
The Recorder said he could not say there was not any case, but it was the most shadowy case he had ever had placed before him.
At the suggestion of the Recorder, the jury returned a verdict of Not guilty against Tarr, and also fully concurred in the suggestion that he should be discharged without a stain upon his character. Tarr was then discharged.
(Defence of McCullough.)
ROBERT GEORGE EMMETT MCCULMHJGH (prisoner, on oath). I am a working jeweller. I merely wish to state that I received that cheque for £94 15s. in payment of a brooch and earrings I made for a Frenchman of the name of Dupont, whom I had known between four and five months, and he gave me the order for the same. On the evening in question, January 19, I met him at Finch's, in Goodge Street. Tottenham Court Road, with the goods to deliver which I
had with me. When I requested payment for the goods he told me he had a cheque for £94 15s. I said, "Well, can't you cash it and pay me for this brooch and earrings." They were £50. Dupont spoke very little English, but I am a French scholar, having lived in France for years, and I spoke in French. He said he could not get it cashed in the evening, but it was made to bearer; he showed it to me and I examined it. He said anyone could present it, and get the money. That is the cheque (produced); I presented it myself at the bank. I said, "Well, we had better meet in the morning," because I could not let him have the goods without the money, as I owed money that I had borrowed partly for making these goods So we agreed to meet at the Swiss Hotel in Old Compton Street the morning following. I met him there, and we walked to Tottenham Court Road and took the 'bus to the Bank in Princes Street. He came inside the bank with me, so that even had I had any suspicion I should not have thought it wrong. He stood at the door, and said, "You cash the cheque because I do not know much English." I presented the cheque; the cashier asked me how I would have it; I told him £50 in £5 notes, and the rest in gold and silver, which he gave Mr. We came out of the bank together, walked along Cheapside to the "Gog and Magog," and there I gave Dupont the brooch and earrings, which he had seen before, and the loose change £44 15s., and kept the notes myself. We walked a little further up the road, and he left me—I went on my way and he went his-and I have not seen him since. I then had some dinner or lunch and strolled towards the West End. I had a few things to buy for Christmas and several little oddments to pay one way and another, and as I went my round so I changed the notes at the different houses—the same places spoken to by the witnesses; I have no reason to dispute it. My only fault is having endorsed the notes in the name of Dupont, if vou look at it as a fault, but I did not take any notice. I thought as Dupont had paid me the money it was his money before it was mine, and his name would do as well as any other; because I have always considered a £5 note to be a legal tender. (To the Receiver.) I endorsed the notes in the name of Dupont because I received them from him—that was partly my idea and partly carelessness. The trousers I gave some time afterwards to a friend of mine by the name of Walter Brooks. He had been out of work for some time. I gave them to him to wear, but I was not surprised at his pawning them, as I knew his circumstances. I have known him for 25 years. He is a very handy man and works at anything—some times at painting. About 21 years ago he had a butcher's shop at Rosoman Street; that business went bad. He lives now at Canal Bridge Road, I think it is called, off Caledonian Road. He used to come nearly every morning to breakfast with me, and shortly before I was arrested he told me he had been obliged to pawn the trousers because he had nothing in the house, and left the ticket with me That may have been the day I was arrested. I told him to put the ticket with my other tickets in the cupboard.
FRANCIS HUMPAGE , assistant to C. H. Ohlson, pawnbroker. My manager. S. Hall, took in the pair of trousers produced; I made out the ticket. They were pawned for 4s. on January 28, 1907. I think they are brand new. I believe they were pawned by the prisoner, but I am not quite sure.
Cross-examined by McCullough. I have a slight recollection of your face. I do not think I could have seen you anywhere but in the shop. To the best of my recollection you are the man. I may be mistaken.
R.G.E. MCCULLOUOH (prisoner, on oath), recalled. Cross-examined. I am a working jeweller working for myself. I worked at 16, Cumming Street; before that I worked in the Buildings. I went to Cumming Street about two and a half months before December 20, 1906. I can tell by my rent book. (Handed.) It was November 10. According to that book the room was in the name of "Moncat," but I have no recollection of having given that name, and whoever came for me asked for me in my own name—McCullough. The second book produced is for my room at Myddelton Street, and it in the name of Moncat. I did not give that to Mrs. Baker to my knowledge. She must have got the name of Moncat from hearing me speak to someone of that name or something of that sort. I may have been living at Cumming Street in the name of Moncat, because I see that name on the book. I do not attach any importance to it. After living 30 years in the neighbourhood I am too well known to be able to change my name. The brooch and earrings for Dupont were made partly at 16, Cumming Street, where I had one room, and the polishing part I did not do myself. Dupont gave me the order a month before Christmas. I saw him once between the order and the delivery at the Swiss Tavern in Old Compton Street. He gave me the order at the Cambridge, opposite Finch's, in Goodge Street. I obtained the gold for making the jewels by melting sovereigns—it is customary in the jewellers' trade. The brooch and earrings together weighed 3 oz. 18 dwt.; that would be 11 or 12 sovereigns—it is according to the quality; with a lower quality less 22 carat gold is required. The brooch and earrings were principally made of 18 carat, but some parts were made of 15 carat gold. I borrowed some of the sovereigns from friends and some I earned by jobbing. My bench was at Cumming Street. I was living at 28, Smith Street, up to November 10. I knew when endorsing the notes at the request of the different persons with whom I cashed them I was purporting to give my own name and address, but I had an opinion of my own. I have changed many a £5 note abroad, and I was never asked to endorse them. It is a ridiculous thing, as they are current coin of the realm. In France they are higher in value than gold itself. I put Dupont's name simply because I received that money from Dupont—that was the first name that suggested itself to me; I might have written Smith for all the importance I attached to it. It is carelessness; nothing else. My giving 28,
Smith Street, as the address, I think, is a proof that I feared no discovery, or I should not have given my address. I lived there under the name of McCullough. I changed at least six notes on December 20. I know Mr. Yorke, of the "London Spa it is in my immediate neighbourhood, where I have lived a great number of years. I do not recollect changing a note there, but I do not deny it. I certainly did not change the notes because I was anxious not to be in possession of notes I had had from the bank that day—I know enough of the world to be able to get rid of them; it is easy to get rid of £5 notes without risk of being found getting rid of them. I deny any such intention whatever. The very fact of my changing the note at the "London Spa," where everyone who goes there knows me, shows I was not seeking secrecy. I wanted to change the notes because I had several little debts to pay, and I live amongst poor people, who if they saw me with a £5 note would want to borrow a sovereign. I took the £5 notes from Dupont, because as matter of courtesy I should naturally give the foreigner the preference of the ready coin. It did not strike me to change the cheque entirely in gold. My residences in France has been in my earlier years. I have been in England over 25 years, except that 14 years ago I went to Boulogne. I thought it very kind of Inspector Murphy to take me to try and find Dupont. It is very difficult to find a foreigner like that in half an hour, which was about the time of the actual search. It may have been 2 1/2 hours from the City to the West End and back. Since then I have been between four walls at Brixton, when I could not seek him. I asked a Frenchman who was sitting in one of the houses if he had seen such a man and he said he had not seen him for two or three months. I have always seen him in one or other of the public-houses—it is a French custom among the working-classes to meet in that way. I have known Frenchmen for years, and not known their addresses. I took the order without knowing his address; there was no pecuniary loss attached to it.
The jury retired for over an hour, stated they found it impossible to agree, and were discharged.
(Monday, March 4.)
Prisoner was again tried before Judge Lumley Smith, when the evidence relating to his case was repeated, and the jury returned a verdict of Guilty of uttering the cheque knowing it to be forged.
Prisoner confessed to having been convicted on September 20, 1904, of felony, when he received 21 months' hard labour for feloniously receiving a gold and pearl pin. Convictions proved: July 20, 1896, 12 months' hard labour for stealing a snuff box; April 19, 1898, 11 months' for receiving; January 15, 1900, three years' penal servitude for cheque forgery in the name of Robert Emmett.
Sentence. Four years' penal servitude.
THIRD COURT; Wednesday, March 6.
(Before the Common Serjeant.)
MARSH, Millicent (19, nursemaid) ; committing wilful and corrupt perjury at the Willeaden Petty sessional Court on November 1,1906; committing willful and corrupt perjury at the Middlesex Sessions held on N ovember 24, 1906. The alleged perjury consisted in the statement thai on September 29 a forged cheque was uttered by George Henry Williams Lewis, a man named Duncan Brady having subsequently confessed to the offence. (See report of the Brady case following this.)
Sir Charles Mathews and Mr. Bodkin prosecuted; Mr. W. W. Grantham and Mr. R. Leetham Jones defended; Mr. Rooth represented Duncan Brady; Mr. Geo. Elliott and Mr. Eustace Fulton watched. the case in the interest of Lewis.
JOHN PEARCE , clerk to the Justices of the Willeaden Division. On November 1 a man named George Henry Williams Lewis was brought before Mr. George Wright and other magistrates charged with having on September 29 obtained by false pretences from Roland Turner the sum of £2, the moneys of Arthur William Main price, with intent to defraud. Lewis was represented by Mr. Black, of counsel; no one was then representing the prosecution. I took the depositions of Roland Turner, Millie Marsh, the defendant, and all the other witnesses. Mr. Black cross-examined most of the witnesses. The ease was completed on November 5, when Mr. Pierron, solicitor, appeared for the prosecution, and Mr. Black examined for the defence. Lewis was committed for trial to the Middlesex Sessions at the Guildhall, Westminster. I have the original deposition taken of the defendant by myself. She was Sworn before she gave it, and it was given in the hearing of Lewis. (Mr. Bodkin read the deposition.)
Cross-examined. The witnesses (Roland Turner, Edith Peed, and prisoner) were quite clear in their identification of Lewis. Prisoner did not seem to be distressed, but gave her evidence quite naturally. No other dates were put to her except September 28 and 29.
FRANK HENLEY , clerk in the office of the Clerk of the Peace of Middlesex, produced the indictment upon which the grand jury returned a true bill and upon which Lewis was tried at the Middlesex Sessions on November 24. At the trial Lewis was convicted and sentenced to three years' penal servitude, which sentence was subsequently reduced to 15 months' imprisonment in the second division. The trial took place before Sir Ralph Littler, chairman, Mr. George Wright, and other justices.
Cross-examined. Prisoner did not appear at all distressed in giving evidence; she was not crying at all. Both prisoner and Peed seemed perfectly clear as to the identification.
JOHN SERGEANT WALL , of the staff of Messrs. Gurney, official short hand writers of the Middlesex Sessions, testified to the accuracy of the transcript of the evidence of prisoner given on that occasion.
Detective-Sergeant GEORGE COLE, X Division. I received information of the fraud on Messrs. Main price on October 16 and made some inquiries of Mr. Turner. Before the arrest. of Lewis I had not seen prisoner. On October 24 a warrant was issued for the arrest of a person whose name was unknown for having obtained £2 by false pretences, age 27, height 5 ft. 7 in. or 8 in., complexion dark, hollowcheeked, wearing glasses, a grey mixture suit, and straw hat. As the result of inquiries, I went on October 26, in company with Mr. Roland Turner, to 166, Junction Road, Holloway. The door was opened by George Henry Williams Lewis, whom I arrested. He was taken before the magistrate on October 27 and remanded until November 1, and was on bail until November 5, and afterwards till his trial. After the arrest of Lewis I saw prisoner and took a statement from her on October 31, which she signed. On the evening of October 24 Lewis was put up with a number of men for identification by the prisoner and by Edith Peed. Edith Peed went in and promptly picked out Lewis by touching him. As soon as Marsh got inside the door she just glanced at the men and then she hung her head. She was asked by the officer conducting the identification to touch the man she identified, and then she nodded her head to indicate that she had identified one of the men. The officer again asked her to touch him. She hesitated some time, and I think began to cry. She was told there was nothing to be afraid of. Lewis was standing at the extreme end. He said, "Come on; I shall not hurt you," and she then went and touched him. I heard Marsh give her evidence on November 1. After Lewis had been committed for trial I said to Marsh, " I do not think you have told me all about this man Lewis." She said, "No, I have not. It is no use trying to deceive you any more. I have known him about four months." She also told me she had written to him at 166, Junction Road and had received letters from him. I asked (her if she still had the letters, and she said, "No, the first day you came to see me after you left I ran upstairs and burnt them all." I then proposed to go with her and search her box to see if there were any letters left, and it was then she told me that her box had gone to Romford that morning. Both she and the other girl were leaving their situations that day. Marsh had no home and was going to Peed's. They both had situations to go to. I told her as soon as she got to Romford to search her box and if she found any letters to send them on to me at once. She promised she would do so. She also told me that she had walked out with Lewis and that he had been intimate with her, that she went on a car with Lewis to Edgware, that it was in a field that it took place one Thursday evening, her evening out. She said she went to Mrs. Joseph's in July, and it was about a fortnight after that she first met Lewis. The intimacy had been repeated on two or three
occasions. When I found the letters were missing I asked her if anyone had ever seen her in Lewis's company. She said she had been introduced to him by a man named Bert Winter, but she did not know where Winter then was, but she first met him in Chislehurst. The introduction to Lewis had taken place in the High Road, Kilburn. The next I heard of Marsh was receiving a letter from her on November 8 or 9. I went to Romford on November 17, the Saturday before the trial. At Romford Police Station I received this further statement from her: "I went into Mrs. Joseph's service at 107, Brondesbury Villas, on July 2, 1906. About a fortnight later I first met the prisoner Lewis in the High Road, Kilburn. He spoke to me and asked me to go for a walk. He took me to Edgware. We went for a walk across the fields and sat down. This was on a Thursday evening. He told me his name was Lewis, and his address 166, Junction Road, Holloway. He told me he was a clerk, and worked in the City. We came back to Kilburn, and he left me. I promised to meet him the following Thursday, my evening out. During the week he wrote to me, and the next Thursday evening I met him again. We went together to Hyde Park, and he came back home with me, and there left me. He used to meet me every Thursday evening when I could get out. He took me to Edgware on four or five different occasions. I wrote to him at his address on two or three occasions, and I received several letters from him. He would also wait outside the house on other evenings till I went out on an errand, and he knew quite well I was in the habit of changing cheques for Mrs. Josephs. He has on two or three occasions asked me for money, and I have given him 10s. and 5s., and he always used to carry my purse. When we went to Edgware we used to sit on the grass and play 'brag' for money, and he invariably won. On Saturday night, September 30, 1906, the evening the cheque was cashed, he said he had no money, and asked me for some, saying he wanted it very particular. I had none with me, so could not give him any. He then told me he would have to cash a cheque. He asked me the name of the people living opposite, and I told him 'Hmbson' When I went into Main price's shop he went into the post office next door. He wanted me to write the endorsement, and told me he had a fountain pen I could do it with. He also asked me if I could cash the cheque for him at Main price's. I refused to do this. A few days afterwards I had a letter from him saying he had cashed the cheque all right, and asked me to burn the letter. A few days after the 29th Mr. Turner, from Main price's, came to make inquiries. I told him I knew nothing about it, and I then wrote to Lewis telling him inquiries were being made about the cheque, and putting him on his guard, and I told him not to come and see me or write to me again. I did not hear anything more of him till I saw him at the police-station. I knew on the Saturday night the cheque was not a genuine one. When I was first spoken to by the police I did not tell them all I knew, as I wanted to screen Lewis, and he had asked me if inquiries were made to say
I knew nothing about it. I had promised him I would. After the police first saw me I went upstairs and burnt all his letters to me, I did not tell the housemaid (Peed) that I knew Lewis. The first time she saw him was on September 28. The whole of this statement is true. I have tried to screen Lewis as much as I could, or I should have told all I knew at first. "The cheque (produced) is the one in respect of which Lewis is charged with obtaining £2 from Mr. Turner. It is drawn in the name of Soloman Barnett to Gordon Hamilton Hobson or order. I furnished Mr. Pierron. the solicitor for the prosecution, with a copy of that statement. I left a copy for the use of the Court at the Guildhall, Westminster, and prisoner was also served with a copy. I was present at the trial of Lewis. On January 25 Duncan Brady had been arrested, and was under remand at Wood Green Police Station charged with obtaining money on certain other cheques. On that day the police had also procured the attendance of Lewis. Prisoner, Edith Peed, and Turner were also there. Lewis and Brady were put with a number of other men in a room about nine men. I should think. I was present when the three witnesses went into the room. Turner, I think, went in first and touched Lewis. He was asked if there was anyone else there that he knew, and he said, "No."Edith Peed then went in and touched Lewis, and also said she did not recognise anyone else. Marsh, when she went in, picked out Lewis by touching him, and on seing asked if there was anyone else that she identified, she. hesitated for a second, and then picked out Brady. I afterwards had a conversation with her in the police station, and took this further statement from her in the presence of Inspector Neil. "I know Duncan Brady. I met him before I met Lewis. It was the same day, about a week or ten days before Lewis took me to Edgware. I met Brady in Maida Vale and got into conversation with him. He told me his name was Duncan Brady. We walked towards Edgware Road, and met Lewis. Brady said, 'Here is an old friend of mine,' and introduced us both. I had previously told Brady my name. We all walked back towards Kilburn, and they both left me at the corner of Brondesbury Villas. Lewis asked me if I would meet him again, and called me on one aide and told me to have nothing to do with Brady, as he was a married man. He asked me to meet him again my next evening out. The next Thursday I met him at High Road. Kilburn. It was on this occasion he told me his address 166, Junction Road. Holloway. I have never seen Brady since. Lewis is the man I have been going out with, and he is the man I saw outside 107, Brondesbury Villas, on Friday, September 28, and saturday, September 29. the evening the cheque was cashed. On several occasions when I was in Lewis's company he referred to Brady and told me he was no good. The time I met Brady when he introduced me to Lewis I lent him 5s., and he promised to give it to Lewis to give back to me. Some time afterwards I asked Lewis for it. but he said Brady had not given it to him."Edith Peed was not there to the best of my recollection. Arrangements
were made for the two girls to be taken to Liverpool Street Station by Constable Crosse, and I saw no more of them.
Cross-examined. I cannot say whether other statements have been obtained from this girl. Detective Rumbold was present when I took the statement of October 31. I think an officer named Baker, of Romford, is a witness in the case, also Page, of Kentish Town, and Constable Crosse and Detective Ball. I do not know that Pollard has got a statement from her. Prisoner also made a statement to Warder Burt and to the missionary and the matron. When Lewis opened the door at 166, Junction Road, Turner said "Yes," that being the signal agreed upon between us. I asked Lewis his name, and he said it was Lewis. I then told him I was a police officer and should take him into custody for obtaining £2 by means of a worthless cheque. He said, "You have made a big mistake. I have not been in Kilburn for ten years." He asked me who had identified him end I said Mr. Turner. Lewis then said, "I know the man you want; his name is Brady. He cashed the cheque," and then, turning to Turner, he said, "You can hardly mistake me for him; he is a red-faced fellow."He then asked me the date, and I told him September 29. Ordinarily I do not think Brady and prisoner would be mistaken one for the other. He said, "I can prove exactly where I was on September 29."I then produced the cheque and showed it to him. He said, "You do not call that ray writing." I told him he was not charged with forgery, only with obtaining the money by fraud. Later on he asked me what date the 29th was, and I said a Saturday. He said, "I go every Saturday to a football match at Tufnell Park, and can prove where I was."On arrival at the police-station he asked what time this occurred, and I told him between eight and nine o'clock. He said, "I was at a party that even ing, and can call seven or eight people who were there to prove where I was." He was then charged, and in answer to the charge made no reply. He was afterwards identified by Millie Marsh and Edith Peed clearly and without any difficulty. The following morning, while I was taking him to the police-court, he said, "I know where I was now. I was with me. Wood at Smiths, the fruiterer's, at Croydon, about a lamp which had been delivered to him on the 28th. I know this was the following day. I was not home till late. I gave my cheque-book to Harold Stacey, and he gave it to Duncan Brady. Brady has done time. I bailed him out. Goodchild can tell you all about it." I think it was in 1904 that Lewis bailed Brady out. I had not anything to do with that case. Lewis and Brady are old Pals. I believe Lewis is engaged to Juliet Brady. The age Lewis gave is 27. I have heard that he has been married. I wrote the statement out in the presence of the prisoner. I asked her questions about Lewis. On one occasion I asked her if she had ever heard the name of Brady. She said she had never heard the name. I did not ask her about some of her young men. I never talked to her about a man named Winter. She mentioned Winter's name to Me. I asked her where I could find him. At the identification Marsh
was quite sure of Lewis. I did not suggest things to Marsh. My impression was that she was keeping something back from Me. I have not a record anywhere of a single question I asked her. had a note-book in my pocket, but did not use it. The statement that she had been intimate with Lewis may have been in answer to a question from me. I asked her if she had been intimate with Lewis, and she said yes. She said she knew Winter at Chislehurst some time last year. Before I went to Romford to see Marsh I had written to her. She gave the letter back to me, and it was produced it the Middlesex Sessions. I think the number of cheques from Lewis's cash-book which had been cashed is 11. There should be another 10 unused ones. Marsh was not upset on the occasions when I got those statements from her. She hesitated before she told me anything, and she gave me the impression that she was keeping something back. I should not call it anything more than hesitancy. She did not cry on any occasion when she was giving me statements, but she cried when she identified Lewis and also when she was arrested for perjury. I showed her a photograph of Brady and asked her if she knew him. I think that was after Lewis was committed for trail. She said, "No."When Lewis, on his arrest, said, "It is not me, it is the other chap Brady," he seemed to know all about the cheque business. When I showed him Brady's photograph I did not say it was a photograph of Brady, but asked him if he knew the man. Marsh told me that on the day somebody spoke to her about the forged cheque she had written to Lewis to return home. It struck me that she was trying to shield Lewis. As far as I can see there was nothing incorrect in her statement when she was giving evidence on November 1.
Police-constable ALFRED CROSSE, Y Division. On January 25 I accompanied these two girls, Edith Peed and the prisoner, to Liverpool Street Station. I noticed that the latter seemed to be very despondent. I waited there to see that they caught their train for Romford. Whilst there prisoner said she felt as if she could commit suicide. She said she had something to tell me, and that if she did not tell me she would go mad. She then said, "The whole of the evidence I have given against Lewis is false. Brady was with me on the night of September 29 when the cheque was cashed by Mainprice. Lewis has never been intimate with me. I have never walked out with Lewis and only once saw him. I was with Brady in Hyde Par*. All I have said about Lewis I should have said about Brady."I then conveyed her to the Kentish Town Police Station. I asked her if she was willing to go there, and she said she was. and she would repeat the statement to me so that I could reduce it to writing. Inspector Neil and Sergeant Ball were at the station. The statement was taken down and read over to her by Inspector Neil, and is as follows: "The other statements I have made are, to a certain extent, untrue. I make the following statement, which is true, of my own free will. Some time in June or July last I was out of a situation and, in consequence, staying at Mrs. Hills Servants' Home and
Registry Office, High Road, Kilburn. One evening during the time I was there I went to Funland, Edgware Road, where I casually met a young man, who accompanied me back to Kilburn. I asked him his name, and he told me Duncan Brady. Alter this I met Brady almost daily, and we went for walks together. About two or three weeks afterwards Brady promised to marry me. I asked him where he lived, and he said he lived with his friend Lewis in Junction Road. About the end of July, 1906, I was with Brady in Hyde Park when we met a young man whom Brady introduced to me as Will Lewis. I never saw Lewis again until I saw him at the Kilburn Police Station. Lewis has never written to me, nor I to him. On September 29 last—the night the cheque was changed—I was with Brady in die High Road, Kilburn. I went into Mainprice's, Brady waited outside, and I came out a few minutes after. Brady said, 'Do you Bind if I leave you for a little while?' I had previously told him that I went to Mainprice's to change a cheque for my mistress. He then said, 'I have a cheque also, but it is crossed, and no one knows me about here; will you go in and get it cashed for me, as they know you? I refused, and told him to go and do it himself, when he said, 'I am going to use your name, and then it will be all right. 'He then left me and told me he had seen a friend of his and promised to meet me in half an hour's time. He did so. I then asked him if he had cashed it, and he replied, Yes. I met my friend Lewis and he has done it for me." On the same day a summons was applied for to Mr. Curtis-Bennett, and on the following day prisoner appeared before the magistrate and was remanded for eight days. On January 26 I also saw the girl Peed, from whom I took a statement.
Cross-examined. I am a new witness in the case, and received notice to give evidence on Monday last. Inspector Neil and Sergeant Ball were present. No direct questions were put to her. We asked her to tell her story—what she had to say. I will not say that no questions were put to her. Some of her statements were not clear, and we had to ask questions to make them clear. Prisoner was much upset part of the time.
Inspector ARTHUR NEIL, Y Division. I was at Wood Green Petty Sessions on January 5 of this year. I was in charge of the identification and saw Marsh, Edith Peed, and Turner go into the room where Brady, Lewis, and the other men were. Turner went in first and picked out Lewis and no one else. Marsh was the next, and I said to her, "Look at these men carefully and see if there is anyone there you know and if you do know anyone touch that man."She went and picked out Lewis. As she was coming away I had noticed that she had not looked at any of the other men. I said to her, "Have another look, and look carefully, and see if there is anyone else you know. "She then picked out Brady. Brady had a smile on his face, but I did not hear him say anything. She pointed to him first, and I said, "Touch the man you mean."The girl Peed, when she came in, looked carefully along, went to Lewis and picked him
out. She then came back and stood opposite Brady. I said to her "Is there anyone there that you know, "but she said nothing, and did not pick out anyone besides Lewis. After Marsh had picked out Brady I said to her, "What do you know of him?" She said, "I met him the same night that I first met Lewis."Nothing further was said. I conveyed her over to the Wood Green Police Station, and there her statement was taken down in writing. Later on that day I again saw the girl Marsh at the Kentish Town Police Station and was present when her statement was taken down.
Cross-examined. I did most of the questioning. Crosse naturally took rather a subordinate part. Neither Marsh nor Peed had any difficulty in identifying Lewis. Marsh had no difficulty with Brady. When I said. "Look carefully at all the other men" she went and stood in front of Brady. If Cole said Peed went in first that would be a mistake.
(Thursday, March 7.)
Detective-sergeant COLE, recalled. When I arrested Lewis on October 26 I searched him. He had a fountain pen in his pocket, and I found several addresses on letter addressed to him. There was also a pocket book, in which, under date October 25, there was a note, "Write to Birmingham" It was from Birmingham that two forged cheques came.
Detective-Sergeant ALFRED BALL, Y Division. I was present when prisoner made her statement at the Kentish Town Police Station and when Brady and Lewis were paraded for identification and I saw her pick them both out. The summons obtained from me. Curtis-Bennett was read over to her by Inspector Pollard. After the remand of January 26 I received a message to the effect that she wished to see me. Acting upon that, I went to where she was and she made the following statement to me: "This has all happened through Duncan Brady. He told me to say it all, as he would marry me if I did, and I do so want to get married, as I have no home, but it was all his fault. But I have not told you all the truth now. I told you I was introduced to Lewis. That is not the truth. Duncan and I were walking in Hyde Park, and we saw Lewis there once. Duncan pointed him out and told me who he was. I did not speak to him, but had a good look at him, and that is how I knew him again at Kilburn." She was very much distressed. Before the magistrate on February 22 defendant said, with reference to the above statement, "I was so upset I did not know what I was saying" I arrested Brady at Paddington at 12. 50 a.m. on January 2.
Cross-examined. When I searched Brady I did not find a fountain pen in his pocket. Prisoner seemed very upset and worried on January 25 and I think felt her position at that time. I had not seen her before January 25. She has made no other material communication to me. She gave me the address of her friends and asked
me not to communicate with them. Something may have been said about the identification of Lewis but not from the police; I think she led up to it herself. I cannot remember the exact questions asked her, but in the course of the statement questions would have to be asked. I do not know who it was said to her at the identification, "I want you to come in and see whether there is anyone here you know."There was no mistake about her pointing out Lewis; she went direct to him. As far as I recollect, Inspector Neil said,. "Are you sure there is no one else you know? "I will not say that practically meant there was somebody in the line of eight or nine men she ought to be able to pick out. I will not say that he said, "Look carefully along the line again," or words to that effect. To the best of my belief, prisoner said, when she got opposite Brady, "I think I know this man." She appeared rational and to treat the matter in a light manner. Her manner generally is very light and frivolous. I do not remember that she said she wished the case had been in my hands, as so many people had been asking her questions. I did not take down everything she said. I think she was only too pleased to talk to anybody she came in contact with.
THIRZA MOORE , matron at the Westminster Police Court. I was in attendance on prisoner on February 1 after she had been remanded. We were talking about the case, and I said, "How very sad it is that poor young man Lewis is in prison innocent."She said, "He is not." She asked if the detectives were there. I said I would go and see. I did not, and asked her why she wanted to know. She said, "Because the statement I have made is not a true one, and I want to tell them the truth."She said she had seen Lewis and Brady together on more than one occasion, and "I see them together on the Saturday night that the cheque was cashed." I did not put any question to her with reference to that. She seemed rather depressed and laid her head down on the table in her hands, the tame as if she was crying. I said, "Why do not you see the court missionary and. tell him everything, and if there is any such thing as help you will get it from him?" She said she would, and shortly after Mr. Barnett came into the room.
Cross-examined. Amongst the prison officials the case of MillieMarsh was the chief topic of conversation. Marsh agreed that it would be a pity if Lewis should be in prison if innocent, but said he was not. I advised her to make a clean breast of it.
FREDERICK WALTER BARNETT , missionary at Westminster Police Court, examined by Mr. Bodkin. On February 1 I saw prisoner at the police court. She appeared to be in great distress and as I and, wont to do with. prisoners in that state of mind, I asked her what was troubling her. She replied, "I am very much troubled in mind. The statement I made before the police is wholly true, except that I said that I had seen Lewis only once. I have seen Lewis more than once. I saw Lewis and Brady together on the Saturday night the cheque was cashed." She urged me to make that communication to
the Clerk of the Court in order, as she said, to pave the way for her I do not recollect that she made any explanation of what was meant by paving the way for her. I did not put any question to her and I think that is all that transpired. I said I would tell the Clerk of the Court. On February 16 I again saw prisoner in the matron's room. In the course of the previous week she had sent me a letter from Holloway Gaol telling me all about her antecedents. I told her I had received her letter and had written to her mother. She then handed me the following statement, which she had just completed: "As you have not been to see me, as I wrote and asked you to, I feel I must tell you the truth regarding my statements that I have been making. I cannot think whatever I have been saving all this for. but now I will tell you the truth, as I feel you are the only one I can tell. On Friday and Saturday there was a young fellow who stood at the corner of Brondesbury Villas. On the Saturday night when the cheque was cashed I had to go to the High Road for my mistress. When I went out the young fellow was at the other side of the road. He came across to me and asked if I would mind if he came with me. I told him he could please himself, so he came. I went into a shop and he waited outside. When I came out he asked me where else I was going and I told him to Mainprice's to cash a cheque. He asked me to cash a cheque for him, hut I told him I would not do so. He afterwards told me his name was Lewis, and that he lived at Holloway. He promised to see me again, and said he would write to mo, and tell me when or where to meet him. But he has never written. I cannot think why I picked Lewis out at the police-station, as I had never seen him. I am sure it was Brady I saw on the Friday and Saturday. When I went to Wood Green I saw at once that Brady was the young follow, and I went and picked him out, as I knew I had done wrong –when I said it was Lewis. I am sorry to have been saying that I cannot, think why I have said so. "I handed the statement to the Clerk of the Court and heard prisoner say, after it had been read, "That statement is the true one."On February 19 I received a letter from her from Holloway Prison, "As I did not see you again on Saturday, I am writing to ask if you will be so kind as to write to my mother to tell her what great trouble I am in, as I feel that I cannot write to her myself as well as you can. Tell her, if you do write, that I am sent for trial, and that I should so much like to see her once again if she could come to the trial—that is, next Monday. I hope and pray that they will not send me to prison. I do hope that they will give me a chance and let me go into a home. I promise you, if they will only do that, I will try my best to do what is right. I am so glad I gave you that statement before I went into Court, as I now know that I have spoken the truth. I should like to know if you will be so kind as to write to my mother for me, as she will take more notice if you will write to her. I hope that I shall see you next Monday. If they do give me a chance to go to a home, I hope that it will be in your hands, as I know that you have been doing your
very best for me, but I am afraid that I shall have to go to prison, at I know that I have done wrong. I think that is all I can say now. I should like so much to have a line from you.—Thanking you for all your kindness to me during this case, from Millie Marsh. "
Cross-examined by Mr. Grantham. The statement did not appear to have been completed in any hurry. The Court was about to sit Something appear have been rubbed out at the commencement of the statement, and I think she began by addressing it, to one of the detectives. Prisoner, I understand, is an illegitimate child and lived with her grandmother until about four years, ago, since when she has been employed either as general servant or nursemaid, returning to her grandmother occasionally. Prisoner was very distressed when the wrote the statement and hysterical afterwards, distressed and upset, and I thought it would be unreasonable to, aply her with questions. Previously to her making the statement, I had urged her to tell all the truth for the sake of her own soul and conscience, and therefore I looked upon the statement as a supplement to the letter she had already written to me from Holloway Gaol.
Police-constable CHARLES BURT, 520 A, assistant-gaoler at Westminster Police Court. On February 2 I was standing next to prisoner, who was then in the dock;. When Sir Charles Mathews, in opening the case, mentioned the name of Lewis, she said. "It is Lewis"—then she paused—" it is Lewis I saw on that night."I do not remember that she mentioned any other name. I wrote down these words just after the had said them. "It is Duncan I have been keeping company with, but it was Lewis I saw that night. "
DUNCAN BRADY . I am now in prison, awaiting sentence upon different charges of obtaining money by false pretences by means of a number of worthless cheques uttered in the course of last year. I pleaded guilty on Saturday last to an indictment containing those charges. I first saw prisoner on Thursday, September 27, 1906, about five o'clock outside 107, Brondesbury Villas, Kilburn. I was then searching for the address of a friend of mine who was living in the villas. I asked prisoner if she knew anyone named Russell in the neighbourhood. She said she did not, and that the name of the people with whom she was living was Josephs. I was in her company about five minutes. I was next in Kilburn on Saturday, December 29, at about six o'clock in the evening again waiting for my friend, whom I had left for a few minutes. I saw prisoner, and mentioned that I had found the address I had previously been, looking for. Amongst other things, she mentioned that it was the Jews' Great Fast Day, and her mistress was away visiting at the House opposite, Mr. Hamilton Hobson, and that, owing to the Fast, they had been having a rough time, or words to that effect. My friend and myself then went to High Road, Kilburn, and were there for some time. We returned to Brondesbury Villas, where I again met Marsh, who was standing with her fellow-servant outside No. 107. She told me she was going to High Road, Kilburn, with a message for her
mistress. We walked up the High Road, Kilburn, together, and she told me she was, amongst other things, to cash a cheque for her mistress at Mainprice and Lord's I told her I had a cheque which I wished to change, and asked her if she would change it for me, but she refused to do so. After she had been to Mainprice and Lord's I returned with her to Brondesbury Villas. I left her about 10 minutes past nine and went to the hotel at the top of Brondesbury Villas, where I endorsed the cheque in the name of Gordon Hamilton Hobson. I then went to Mainprice and Lord's and presented the cheque to the manager, Mr. Turner, and, telling him I came from Mrs. Josephs, said that if the cheque that he had previously cashed for her had not exhausted his till he would oblige Mrs. Josephs by cashing this for me. Not having the amount in the till, he went to the end of the shop and, on returning, gave me £2. From there I went to Kilburn Station and took train to Camden Town. I was then living at 9, Hamden Road. I next saw prisoner on January 25 at Wood Green Police Court. I have known Lewis since August of last year. He was not with me in Kilburn on the night of Saturday. September 29. As far as I know, he was not in Kilburn at all that evening. I was dressed in a double-breasted blue reefer coat, grey trousers, and straw hat. I do not now wear glasses. When I was in college I wore glasses, as my sight was failing, but I have not done so for five or six years. I was arrested on January 2 at Wood Green, and during the examination charges relating to other cheques were introduced, but none relating to the cheque I cashed at Mainprice and Lord's. On January 25, before I appeared before the magistrates, I was paraded with a number of other persons for identification, amongst them Lewis. When Marsh came in she identified him. Inspector Neil, seeing that she had not observed any of us but Lewis, said: "I want you to particularly notice all the men standing there." She looked down the row of men until she saw me. Hesitating for a moment, she came over and touched me. It is not true that I have known her since July, 1906, or that I have had sexual connection with her. I have never written to her and have never promised to marry her. It is not true that I told her to put the name of Lewis forward as the man she had seen on the night of September 29.
Cross-examined. This is the second time I have given evidence with reference to this case. I heard Lewis make a statement in reference to me. The friend I was looking for on September 27 was Miss Mamie Russell, who at that time was living at 119, Brondesbury Villas. I had mislaid the address. I have not seen her since September 29. I met her first at George Dance's Theatrical Agency Shaftesbury Avenue. I then gave her the name of Maxwell, which is one of my names. The reason I changed my name to Maxwell was that I was looking for a situation, and having been convicted I found it difficult to get a situation. I am Duncan McLaughlan Walter Maxwell Brady. I have not introduced myself to anybody else as
Duncan Maxwell. Miss Russell wanted apartments in London, and I offered my services in that direction, and it was to tell her the result of my investigations that I went to Kilburn on September 27. I gave Miss Russell as my address 149, High Holborn, which is a news agency, where you call for letters. On September 29 she sent me a telegram putting off an appointment she had with me. I did not myself fill up the body of the cheque; Lewis did, and signed it Solomon Barnett in the post-office at Hornsey. I endorsed it. I cannot tell you who Solomon Barnett is. Lewis has filled up three or four cheques in the same way. He has had half the face value of these forged cheques. I believe Mamie Russell was an actress, but I could not go into her antecedents on an acquaintance of three days. I did not think it proper to knock at 119, Brondesbury Villas and ask if Miss Russell was in. She drove up in a cab while I was waiting and asked me if I would wait while she changed. Starting at about seven o'clock, we went to several places in the High Road, Kilburn. I was, approximately, two hours in her company. It was after Miss Russell had returned to her house that I saw prisoner. It is about 10 minutes' walk, I should think, from Brondesbury Villas to Mainprice's. She was in Mainprice's about three minutes. I arranged to meet Miss Russell on the following Monday, but my engagements did not allow of it. I do not think I specified any profession to which I belonged. I think I told her I was looking for 1 situation. I told her I had been connected with the Stock Exchange as an outside broker in July or August, 1905, with a firm of. stockbrokers in Birmingham. Harold Stacey was a myth of Lewis's mind. I heard his name from Lewis on September 30. His address was given as 16, Duncombe Road, Holloway. When Lewis left me on September 29 I suggested that he should come and see me on the 30th with a view to receiving part of the cheque. He said he had received the night before a message, from the London and Southwestern Bank at Crouch End intimating that the two cheques had been returned marked "No account" and asking him, as they came from his book, to give an explanation. He also said, "There will be sure to be some trouble about this. They have traced the cheques to my book, so if anything should arise remember that you tell the same as I do"He suggested that the story should be that Harold stacey, of 16, Duncombe Road, Holloway, had received this book from Lewis to return to the bank, that Lewis had met him in Waterlaw Park and had known him for some week or more. Lewis added that he had called at 16, Duncombe Road and asked for Harold Stacey with a view to substantiating this statement. He said, "I am now going to the bank to convey this information to the bank manager, who resides on the premises. Remember, if anybody should make any inquiries of you you tell the game as I do." He then left. I paid him, of course, half of the proceeds. I was in trouble in 1904, and was bound over to come up for judgment. That was a bicycle case. I was not out on bail before I was bound over. I was called up on my recognisances to appear at the Middlesex
Sessions on October 30, 1905. I have not been in trouble at any other time. I remember a little watch trouble. Nobody bailed me out then. I was detained on suspicion, but the people refused to have anything to do with it and I was released I do not know whether there was a compromise. It is quite wrong to suggest that either Lewis or his mother ever bailed me out. I told Lewis how I had been able to raise money on the forged cheque on September 29. Without mentioning any names I told him that I had met a person and had changed the cheque, but, as a matter of fact, when he was telling me about the bank business I was too surprised to tell him anything. I was hard up on this particular Saturday, but I cannot speak as to Lewis's financial position. I have heard of a contemplated relationship between Lewis and a member of my family. I never owed Lewis any money. If Lewis says I did I do not agree. While I was walking with Miss Mamie Russell on September 29 I was not keeping watch on 107, Brondesbury Villas. Nothing would have prevented Lewis being there except that he was supposed to be playing cards. Lewis and I agreed that we should tell the same story about the cheques, but I have not arranged any alibi with him. We did not discuss it that Saturday night. The name on the face of one of these forged cheques is the same as that of my mother and sister. Neither of them had anything to do with it, as far as I know It was Lewis who broached the subject of these forged cheques on September 22. He then told me that he had in the bank approximately 2s. 6d. or 3s. Lewis said, "I have a cheque book in which there are a number of unused cheques. My bank account is nearly exhausted. It only amounts to a few shillings. It is a pity to waste these cheques, what can we do with them?"or words to that effect When we were discussing how to get money Lewis said, "If I had £5 in my pocket I could make a lot of money at Alexandra park We must get some money." I went to a Miss Soppitt. who keeps apartments at 17-19, Palace Gate, Westminster, to pet money from her on one of these cheques. That was about the end of October. I have net been living in Hamden Road, Hornsey, since September 30 When I first knew Lewis he was employed as billiard marker at the Queen's Hotel, Crouch End. I told no one that I had passed the cheque on September 29 until I voluntarily informed Inspector Neil at Brixton early in February.
Re-examined. Inspector Neil came to see me in Brixton Gaol in reply to a letter. I was then awaiting trial for uttering a number of other cheques. I made a statement to Inspector Neil as to what had been my share of uttering the cheque uttered to Mainprice and Lord. I had an appointment with Miss Russell at Oxford Circus at middav on September 29. It was because that appointment was not kept that I was at Kilburn in the evening. September 30 was the first occasion I board any mention of Harold Stacey. Lewis said he was going to say that he had given Harold Stacey his cheque book to return to the bank, so that in case anything arose from it neither
he nor I should get into trouble. In no case has Lewis been surety on bail for me, but his mother has been' surely for members of my family—my mother and sister—in relation to a charge of obstructing the police on August 14, 1905.
MAMIE RUSSELL . I live at Westcliff-on-Sea. In the course of last year I knew Brady under the name of Duncan Maxwell. I think towards the end of September. I had been living at 117, Brondesbury Villas about six months. I was seeking a theatrical engagement and visited agents at the West End of London. I think I first met Maxwell at George Dance's in Shaftesbury Avenue. I met him altogether on about five occasions. At that time I was rehearsing and wanted to get nearer town, and Maxwell mentioned an address to me in Tottenham Court Road. He gave me his address at 149, High Holborn. I recollect the appointment to meet Maxwell at Oxford Circus at midday. I was detained rehearsing, and addressed a telegram to Duncan Maxwell, 149, High Holborn: "Rehearsing, detained. Waited Circus 12. 15-12. 45. Have you my room yet. Write me Leaving Monday. Meet you Kilburn Station to-night, eight.—Mamie." I had no cab that day. I saw him that night at quarcer or 20 minutes past eight at a jeweller's shop close by Kilburn Station. I got home about three in the afternoon. At Jar as I can recollect I was with him not more than half an hour. I went into two shops and then we walked home to Brondesbury Villas. We parted about quarter to nine.
Cross-examined. I knew 1 was coming here to give evidence last Tuesday. I think I was first asked what I knew about the case last January. Brady volunteered to get a room for me. I think he came to see me twice at Kilburn on the Thursday and on the Saturday. He gave me an idea that he was on the Stock Exchange. I found out afterwards that his Holborn address was a penny a letter paper shop. When I saw him outside the jeweller's shop on Saturday, the 29th, I think I asked him why he was so late. I think he said he had come down on speculation to see if he could see me, and mat he had a friend with him who was then in the jeweller's. I had not the faintest idea who this friend was. I did not give two thoughts to whether it was a man or a woman. It might have been Lewis. I made an appointment to meet Brady on the following Monday, but there was no Brady.
Sergeant BALL, recalled. After Brady's arrest I made inquiries and learned of 149, High Holborn as a place. where he had letters and telegrams addressed. On January 31 I found the telegram which has been produced which had been awaiting him in the name of Maxwell since September 29. I saw Miss Russell on Saturday, February 2, and owing to her being engaged at the theatre an appointment was made for her to attend at the Kentish Town Police Station on Sunday, February 3.
Detective-sergeant BAKER, Essex Constabulary. In consequence of a communication from Scotland Yard, on January 22 I went to
Gobion's farm, near Romford, and requested prisoner to attend Wood Green Petty Sessions on January 25. She asked me what it was about, and I told her it was in reference to Lewis and Brady, who I supposed were in custody. She said, "I know who Lewis is. I reckon I know what it is about; it is about perjury."
Cross-examined. I had my note-book with me, but I did not, put down the conversation, as I did not know what the case was, and did not think was anything concerning me. When she mentioned perjury I said to her, "You have not committed per jury, have you?" She said, "Ah! that is what you would like to know." I said, "No, it is immaterial to me; it is nothing to do with me. I do not want to know. "She then said, "Well, that is it." She mentioned that she had seen Lewis in Regent's Park.
Re-examined. The statement that she had seen Lewis in Regents Park was made after I had told her to attend. She asked me if I had warned Edith Peed, and said she would not go without her.
(Friday, March 8.)
GEORGE HENBY WILLIAMS LEWIS . I live at 166, Junction Road, Holloway. I was arrested on October 26 on the charge of obtaining money by false pretences by means of a worthless cheque cashed by me at Mainprice and Lord's on September 26. On October 27 I was before the magistrates at Willesden and was remanded on bail; I was bailed on the 29th. On September 26 I was paraded with other men, and prisoner identified me. I was eventually committed for trial at the Middlesex Sessions, where I was on November 24 tried before Sir Ralph Littler and a jury, convicted, and sentenced to three years' penal servitude—that was afterwards reduced to 15 months imprisonment in the second division. The first time I saw prisoner was when she picked me out on October 26. It is not true that she saw me on September 28 at the corner of Brondesbury Villas, or on September 29. or at any time. (Witness gave a categorical denial to the statements made by prisoner as affecting him.) I remained in prison till February 11, when the remainder of my sentence was remitted and I was released.
Cross-examined. I have lived in London practically all my life—25 years—in Crouch End, Hornsey, Camden Town, and Holloway. I have heard of Kilburn, but do not know it. Eight years ago I was, travelling for a jewellery firm, and I may have been to Kilburn then. It is about a three-mile walk from Junction Road-Last season I went to about four football matches at Tufnell Park on Saturdays. On September 29 I was there with a friend named Creed. At the hearing before the magistrates on November 1 Creed was there with other witnesses to prove an alibi as to September 22 and 29, but he was not called. At my trial these witnesses were examined,
but they were not believed. I suppose, at I was convicted. On September 29 I left the football match with Creed at quarter to five and we went to the Strettons, which was close by. I stayed a few minutes, and arranged to return for a card party. We left the Strettons before five and went to a place in Holloway Road and had tea; we stayed there a good time. I am in the habit of keeping a little diary; I had it when I was arrested. (Diary produced.) I used to jot down notes in it, and if I wanted a piece of paper I would tear a leaf at random out of the book. I was billiard marker at the Queen's Hotel, Southend, and, on the occasion of a flying handicap, I would tear out a leaf or two from the diary on which to enter the names of the players and the draws. I ceased to be billiard marker at the end of April. I used to carry a fountain pen, but it was out of order and would not write. I see by the diary that many leaves are torn out up to July, and that the only leaf missing after that it the one covering the dates September 23 to 29. I see nothing significant, in that fact; the book was not kept at a daily diary. I first met Brady about the middle of last April at the Queen's Hotel. In 1905 Brady and some members of his family were under arrest, and my mother bailed them out. I have known Miss Brady about 18 months, and am engaged to her. I used to get frequent visits from Brady in the billiard room; I did not seek his friendship, he sought mine. I saw him often down to the end of September. In December. 1905, I opened an account at the Crouch End branch of the L and S. W. Bank, and got a book of 25 cheques. I think four cheques were legitimately used. I first heard that there was improper dealings with other cheques from me. Dawson, the bank manager. on Sunday, September 30; he sent me a telegram on the 29th, and I got it the next day. On the 28th or 29th I had written to him saying that I was sending him my cheque book by hand. His telegram, followed by a letter on the Sunday, stated that two cheques had been passed through and that he had not received the book. I have heard that eleven cheques in all were improperly used. My mother used to keep the cheque book locked up in a cabinet. I opened the account with £18; by March only 2s. was left; I thought I would leave that to pay for the cheques. On the night of September 19, when I was talking to my mother, she said, "There is an old cheque book of yours that I have got."I said that as I had no Prospect of paying in any more, and had nothing to draw out, it would be right that I should return the book; she gave me the book, which I intended to return the next day. The bank premises are about a mile and a half from Junction Road. I was not at work at this time, but about the 21st or 22nd I was engaged by the Gas Economising Company as a traveller, on commission. I would go out in the morning about 10 or 10. 30. The bank would open about nine, I think. I gave the cheque book (to return to the bank) to Harold Stacey; he had told me that his address was 16, Duncombe Road, Hollowly. Stacey appeared to be about 24 years old; he is not at all like Brady; Stacey is shorter than Brady, and is fair;
Brady is red-faced when in good health. I had known Stacey about a month; Brady introduced him as a casual acquaintance of his. On September 30, after hearing front the bank, I Went to 16, Duncombe Road, and was told that Stacey had never lived there. I was astonished, and wont immediately to see Brady, as he had introduced Stacey to me. I said, "Where is this Stacey?"Brady replied, "I don't know; he is only a casual acquaintance of mine"; I said, "I have given him a cheque book of mine to return to the bank and he has not done so; t shall have to go to the bank and report it to the police"; he said. "Well. you needn't mention my name in the matter," and I said I would not. I then Went to the bank, and told the manager that t had parted with the cheque book to Stacey; that I had met him in Waterlow Park. The manager said I had done a very silly thing; it was arranged that he should report the matter to the police, and that I should also go to them, which I did. After Brady first introduced me to Stacey I did not see the latter for a month; then I met him on three consecutive mornings, the 18th, 19th, and 20th. between 10 and 12 o'clock. It is true that I might have returned the book to the bank by post; that would have been, as it has turned out, much simpler; but no danger occurred to me, otherwise I should not have parted with the book. I cannot tell you where Stacey has gone; I have given the best description of him that I can, and it is not my fault that he has not been found; I do not see why he should not be found. I con sidered Brady a truthful friend until latterly, when I found him to be an absolute liar. When Brady says that "Stacey is one of Lewis's myths, "that is absolutely wrong; so is his statement that I used to meet him every day in the last week of September. He had a strange habit of always waiting outside my door, and I have purposely shunned him, and even told my mother to go out to him and say that I was not in or that I was too busy to see him. I want to say something as to my arrest on October 26. There was a knock at the door; I opened it and saw Sergeant Cole and Turner. Cole said, "The name of Lewis? "I said "Yes." He said, "George Lewis?" I said that was my name, and naked his business, He immediately turned to Turner and said, "Is this the man?" Turner said, "Yes, "that's him." I was astounded. They came into the house and Cole said, "Mr. Turner charges you with obtaining £2 on a cheque by false pretences." I then questioned Turner. He could not look me straight in the face and seemed very shaky about everything. I said, "You are making a very terrible mistake, for your own sake and mine; was there anybody else in the shop when this cheque was changed?" Hr said, "Yes, I have got two or three boys knocking about the shop. I suggested that he should go with me to the shop and see if the boys identified me. He said, "No, I am quite certain you are the man." As to my identification at the police station, I was brought out of my cell at night; I was feeling very ill. I was placed with about eight men, all very ill-dressed. I was told to stand where I liked. I stood at the end of the line at the cell door. Peed came
and looked up and down the line; she hesitated for a minute, and then picked me out. Then Marsh came in; the was sobbing and held her hand over her face. Cole said to her, "Go on, pick him out he's there"She than came in front of the line, and finally, coming up to me, said, "This is the man." Cole said, "Well, touch tea," She said she wan afraid. I said, "If you mean me I shan't hurt you." I say that Cole did not behave fairly to me. On the following morning Cole was taking me to the police court, when I said, "Where on earth are these two girls supposed to have come from? I have never seen them." He said, "Don't you swank me." I repeated that I had never seen them, and said. "Is it possible for them to have been told how I am dressed?" He said, "Don't you dare to say a thing like that to me." Another complaint I make against the police concerns Detective Rumbold. He told the magistrate that one of my witnesses, Creed, had molested the girl Marsh, lid told her that he would cot her throat with a razor if she gave evidence. Creed swears to me that he did and said nothing of the kind. I admit that when Cole came to arrest me I told him I knew who the man was who had changed the cheques, and said I was almost sure it was Duncan Brady. The reason I at once suspected Brady was that my cousin, Mr. Bear, had informed me that Brady had got him to cash a cheque, supposed to be signed by me, and on the strength of a letter purporting to be written by me; Bear showed me the cheque and the letter; this was signed Will," as if it was my signature, but it was a forgery. I immeaiately reported the matter to the police; that was a week or two after I had parted with the cheque book; I gave the police letters from a firm in Birmingham showing that Brady was then in that city. When Brady says, "Lewis told me that Harold Stacey is a myth, but I have been to 16, Duncombe Road, to make inquiries, so as to asks it look all right, as if I was trying to find Stacey," that is false; I wish Brady had pleaded not guilty here; I could have brought an absolutely reliable witness to prove that that is an absolute lie. I admit that I might have returned the book to the bank by post, or sent it by some friend that I knew much better than Stacey. Stacey was not in any employment. I never filled up any of these cheques, I know it is said that Brady's writing resembles mine; I have been told so by my cousin, Mr. Lee, a bank manager at Highgate. Looking at the cheque, the subject of this charge, the writing on the front is somewhat like mine. It is not my writing. The endorsement is not like my writing; it seems to be in a different writing to that of the body of the cheque, but both may have been done by the same person; there are some very clever people in this world. When Brady says that he met me on September 29, about 4. 30 or five, near the Post. Office, in High Street, Homsey, that is a fabrication; I was at a football match all the afternoon with Creed. (The payee's name on the cheque was "Soloman Barnett"; witness was asked how he spelt Solomon.) I spell it S-o-l-o-m-a-n; I never heard of any other spelling; I think that is the correct way. I am not impressed
with the fart that that is the spelling on the cheque; the name does not appeal to me. When Brady says that I had half or any portion of the proceeds of these cheques, it is absolutely false. It is a lie to say that I was his accomplice in any way. It is true that I occasionally went for a walk with Brady; not on September 29 and 22; I had quarrelled with him then. Before the Willesden magistrates Turner, Peed, and Marsh swore that they saw me in Kilburn on September 29; 1 absolutely deny it. I repeat that I never saw Marsh until October 26, and that no letters passed between us.
(In reexamination, witness was handed a letter written by him from prison, to enable the jury to compare his handwriting with that of Brady. Upon this, witness was further cross-examined.) This letter was written by me to the detective; I do not know how I spelt in it Solomon; I should imagine "Soloman"; I am not surprised to find that I have spelt it "Solomon. "
To Mr. Grantham. I did not know Lewis before the end of July or beginning of August last. I wrote him several letters, and he has written to me.
(No evidence was called for the defence.)
(Saturday, March 9.)
Detective-Sergeartt COLE, recalled by the Judge, deposed to his knowledge of the cheques passed. He thought it was November 5 when he first mentioned Brady to the prisoner.
Detective-Sergeant BALL, recalled, said the last of the forged cheques of which the police had knowledge was dated November 9, and it was cashed by a friend of Brady's. There were four cheques passed after the arrest of Lewis.
Verdict, Guilty. The Jury added, "We would like to ask the merciful consideration of the Court on the ground of (1) the girl's age; (2) her antecedents; (3) we believe that she has been under the dominating influence of a stronger mind. "
Judgment respited to next Sessions.
NEW COURT; Saturday, March 2.
(Before the Common Serjeant.)
Sir Charles Mathews and Mr. Leycester prosecuted. Mr. Rooth appeared for prisoner.
Judgment was postponed till after the trial of Millicent Marsh.
(Saturday, March 9.)
At the conclusion of the trial of Millicent Marsh Duncan Brady came up for judgment. He was sentenced to 12 months' hard labour.
OLD COURT; Monday, February 25.
(Before the Recorder.)
THOMAS FRANCIS EALS , manager to C.E. McConnell, 164, Barking Road. On February 11 I left our shop securely locked up at half-put ten p.m. There is a large front window to the shop, with no shutters. Early next morning I was called by the police, and found that the window had been broken. I identify the cigarette case and cigarettes produced as having been taken from the shop; their value it about 6s.
WILLIAM HART , a scavenger, in the employ of the West Ham Borough Council, said that about three a.m. on February 12 he was walking along Barking Road when he heard a breaking of glass; he saw prisoner standing outside McConnell's shop. Prisoner came up to him and asked him for a light, and said, "Do you want any cigarettes, there's plenty at the corner shop, I've just broke the window." Witness gave information to the police.
Police-constable WILLIAM CAWLEY, 228 K. About 3. 30 on this morning prisoner came to me and said, "I have just been enjoying a cigarette. I picked it up outside the window of a shop that was broken over the way." I took him across to the shop and found the window broken. I asked him what he had done with the things he had taken out of the shop. He said, "They are in my pocket." Primer's hand was bleeding; there was blood on the glass where the indow had been broken. I accused him of breaking the window, he denied it. He said, "I admit that I took the things from the window; being hard up the temptation was too strong for me, and I helped myself.
Prisoner's statement before the magistrate: "I got my voyage paid to pick up at Tilbury. I am willing to pay all expenses. I found the window broke as I was having a cup of coffee."
Dr. SCOTT, of Brixton Gaol, called by the Court, said that he had had the prisoner under special observation for the past fortnight. He was clearly of opinion that prisoner was of unsound mind, and not capable of appreciating the character of any criminal act he might commit.
Verdict, Guilty, but of unsound mind and not responsible according to the law for the act. Ordered to be detained during His Majesty's pleasure.
FOURTH COURT; Tuesday, February 26.
(Before Judge Lumley Smith.)
OLD COURT; Thursday, February 28.
(Before Mr. Justice Ridley.)
Mr. Ernest Williams prosecuted; Mr. Purcell defended.
LUIGI CORTI . ice-cream merchant. Church Street, West Ham. About 8. 30 p.m. on December 26 I was in the kitchen with seven or eight others, including Francisco Baldesare, who was talking to prisoner. They had a dispute about a glass of beer. Baldesare struck at prisoner with a stick, which missed him and broke on a wooden bench. He then went out to find something else. He tried to come in with a shovel. I held prisoner back; the door was shut, and a shot was fired by prisoner which struck me. I said, "Look what you have done to me!" He said, "I regret it very much," and began to cry, and said, "I didn't mean it for you." My governor and prisoner then took me to the hospital. The bullet was extracted at the hospital, where I remained two months.
Cross-examined. Baldesare was trying to push his way in. I put my hand up, and said, "Stop!" I had not seen the revolver before I put my hand up. We have always been good friends.
FRANCISCO BALDESARE . Organ-grinder, 49. Church Street, West Ham Between 8. 30 and nine p.m., December 26, I was in the kitchen with Luigi Corti, Antonio Nappi, and others. We had been drinking, and I was half drunk. There was no more beer in the kitchen except a glass of beer that prisoner had. I asked him to give it to me. He said, "No, because if I give it to you you will get quite drunk. " I asked him again for it. He again refused, and added if I drank it I should get drunk, and not be able to go for, a walk with him. I asked him again, and he would not give it me. He put it down on the table, and was going to walk out. I took up a stick and struck at him. but struck the table instead and broke the stick. Then I went outside to see what else I could find to strike him with, but could not get anything. I then found a shovel, and tried to re-enter the kitchen, but could not because Corti stood in the middle of it. There were three steps, and prisoner stood oil the middle step and fired a revolver to frighten me, I don't think with my other intention. He could have gone out of another door.
Cross-examined. We have been like brothers for years. We were going for a walk together. When the revolver was fired Corti was getting between us. I saw prisoner take the revolver out of his pocket. The door was open. Directly. prisoner saw Corti was hurt, he said. "I am very sorry—you are a great friend of mine.
Re-examined. He said, "I am very sorry, Corti, that I have struck you. I did not wish to shoot anybody with it."
GIUSEPPE MAJOTTA , 49, Church Street, West Ham. On the occasion in question Baldesare had a glass of beer in his hand. Prisoner was not quite drunk. Baldesare kept asking prisoner for the beer. He said, "No, I will not give it to you, for we have got to go out for a walk to meet our girls, and if I give you any more of this beer you will he drunk. I shall drink this myself."He said. "No, you won't." Prisoner said, "If I won't give it you, what will you do?" He said, "You see." Baldesare put his knee on the form trying to reach the glass and was holding his coat when the button came off and upset prisoner. Baldesare had a stick in his hand and said, "Move yourself." He was going to strike him and the stick broke and never caught him. Baldesare ran out at once and tried to come back in the kitchen with a shovel. Between 'the kitchen, and the yard there are three steps, and Baldesare was on the stairway. I heard a shot. I took the revolver from the prisoner. I asked if anybody was shot and nobody answered. Afterwards Corti said, "I am wounded." I took him to the hospital. This looks like the revolver. The doctor sent me back for the revolver, and said, "If loaded, unload it and give me one cartridge full and one empty. I went back and took out four cartridges loaded and one empty.
Cross-examined. On the way to the hospital prisoner said, "I am very sorry for what I have done. If I had the revolver I would shoot myself." He took Corti with me to the hospital. He was crying. The door was open when Baldesare had the shovel.
Re-examined. Prisoner added, going to the hospital. 'The poor chap is the best mate I have. "
Dr. WHITTINGHAM, house surgeon. West Ham Hospital Corti was admitted on the night of October 26 suffering from a punctured wound on the left side of his chest. The bullet was extracted later. I should say the hole in this waistcoat would correspond with the wound. He was never in serious danger, but we could not say he was not at the time. The bullet was found in the fifth rib. There did not appear to have been much power behind the bullet. He is now discharged.
Detective-Sergeant JOHN MARSHALL. I went with Sub-Divisional Inspector Short to West Ham Hospital on December 26 and was handed the revolver produced. I afterwards went to 49, Church Street, when Majotta handed me three live cartridges which fit the revolver. On the 27th I examined a clothes box at 49. Church Street, and found a box containing 49 cartridges which fit the revolver. When the trigger is as it is now it takes 16£ lb. to pull it. and where pulled back in that fashion 8 lb., so it could hardly have been fired by accident.
Inspector GODLEY, Limehouse. On January 9 I saw prisoner detained at West Ham Police Station, where he had surrendered himself. I said, "I am an inspector of police. Is your name Antonio Nappi?" He said, "Yes." I said, "Can you speak English?" He said, "A little." I told him I should charge him with shooting Corti with intent to murder him "He said, "I did not intend to murder him. I intended to frighten 'Frenchy.' I have got a lot to say, but do not properly understand English." At that time the revolver was lying on the desk where I was seated, and he pointed to it and said, "I had that about three weeks before Christmas."He was charged and made no reply.
Cross-examined He has been in England between six and seven years, and has borne the character of a peaceable, well-behaved man. He was admitted to bail by the magistrate on two sureties of £50 each.
Verdict, Guilty of unlawfully wounding.
Sentence, One month's hard labour.
NEW COURT; Friday, March 1.
(Before the Recorder.)
FISHER, William (41, horsekeeper) ; having been entrusted by Montague William Rich with certain property, to wit. the sum of £5 1s., in order that he might pay the same to the said M. W. Rich, did fraudulently convert the said property to his own use and benefit.
Mr. Allan Ramsay prosecuted.
Aldridge's, St. Martin's Lane, for sale, paying him 5s. and 1s. for expenses. He was to enter it in my name, and I gave him a card for that purpose. On August 20 or 21 prisoner told me the horse was returned for not fulfilling the warranty, and asked what he should do. I told him I did not want the horse hack again, he was to be sold. I never intended it should be sold with a warranty, but it was so entered by a misunderstanding. A fortnight afterwards I made inquiries, when I was shown a receipt for £5 1s., and put the Bitter in the hands of the police, and I next saw prisoner in custody.
CHARLES SPRANG , cashier at Aid ridge's. I produce receipt for £5 1s., signed William Fisher, for the sale of a horse. I cannot identify prisoner. The horse was first sold on August 18 on a warranty, was returned on the 20th for not answering the warranty, and was resold on August 22 for £7 7s. The money was paid over on August 27.
WILLIAM GEORGE MORRIS , 158, Leytonstone Road, Stratford, fruiterer. I know the prisoner. About the beginning of August, 1906, I heard that Rich wanted to sell a horse, and told prisoner of the job to take the horse to the repository. I said he would probably receive 5s. for the job. I afterwards saw prisoner leave with the horse.
Detective GEORGE SCRIMSHAW, K Division. On August 24 I saw the prisoner in custody at Leytonstone Police Station. I read the warrant to him. He said, "I admit I had the money. I spent half of it with some pals, and was afraid to go back."He was then charged, and made no reply. At the police court on August 25 he said that what I said was correct.
WILLIAM FISHER (prisoner, not on oath). I am willing, if I had the opportunity, to refund the money. I have never had anything against me before in my life. I have been known to the detective it Leytonstone 20 years.
ARTHUR JOYCE , fishmonger and licensed dealer in game. I have known prisoner for 14 years. He is a horse clipper by trade. He has an excellent character, without a blemish against it till this affair.
Verdict, Guilty. Sentence, Two months' hard labour.
NEW COURT; Monday, February 25.
(Before the Common Serjeant.)
PITMAN, Charles (60, labourer), and JONES, John Thomas (20, labourer), pleaded guilty to uttering counterfeit coin twice on same day, well knowing the same to be counterfeit; possessing counterfeit coin, with intent to utter the same; (Pitman) feloniously possessing counterfeit coin. with intent to utter the same.
Pitman confessed to having been convicted at this court of felo-nious possession of and uttering coins, on June 2, 1902, receiving five years penal servitude. Other convictions: March 5, 1894, seven years for making coins; October 14, 1873, nine months' for uttering.
Sentence: Pitman, Four years' Penal servitude; Jones, Six months' hard labour.
FOURTH COURT; Tuesday, February 26
(Before Judge Lumley Smith.)
Sentence, 18 months' hard labour.