Vol. CXLVII.] [Part 872.
CENTRAL CRIMINAL COURT
HELD MAY 28TH, 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, May 28th, 1907, and following days.
Before the Right Hon. Sir WILLIAM PURDIE TRELOAR , Bart., LORD MAYOR of the City of London; the Hon. Sir JOHN CHARLES BIGHAM , Knight, one of the Justices of His Majesty's High Court; Sir JOSEPH SAVORY , Bart., Sir GEORGE F. FAUDEL-PHILLIPS , Bart., G. C. I. E., Sir JAMES T. RITCHIE , Bart., F. P. ALLISTON, Esq., D. BURNETT, Esq., and F. HOWSE, Esq., 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, K.C., Commissioner, His Majesty's Justices of Oyer and Terminer and General Gaol Delivery holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT
TRELOAR, MAYOR. EIGHTH SESSION.
BEFORE THE RECORDER.
(Tuesday, May 28.)
LONDON AND MIDDLESEX CASES
LANE, George (62, general dealer), pleaded guilty to breaking and entering a place of divine worship, and stealing therein two contribution boxes, the property of Frederick Patterson. He also confessed to a conviction of felony at the South-Western Police Court on April 9, 1906, in the name of George West . A long record of previous convictions was proved. Sentence, 18 months' hard labour.
GENT, Lawrence (39, clerk), pleaded guilty to forging and uttering three orders for the delivery of goods, three fountain pens, one case of drawing instruments, and one pair of field glasses, knowing the same to be forged and with intent to defraud. Sentence, 12 months' imprisonment in the second division.
BOURASSA, Homer (23, labourer), pleaded guilty to breaking and entering the shop of John Saunders Craig and stealing therein nine bits, four files, and other articles, his property, and seven bradawls, the property of Thomas Bishop, and feloniously receiving same. Nothing was known against prisoner, who described himself as a French Canadian, and said he had recently come to this country from Canada on a cattle ship. The police were directed, and the Court Missionary (Mr. Scott-France) was requested, to make inquiries as to the prisoner and the possibility of his being sent back to Canada, and the case was postponed to next Session.
MURPHY, Thomas (19, labourer), was indicted for robbery with violence on Marcel Conrad, and stealing from him a watch and chain, his property. Prisoner pleaded guilty to the robbery without violence, and this plea was accepted by counsel for the prosecution. Prisoner, having been already one month in prison, was sentenced to a further term of two months' hard labour.
Mr. Huntly Jenkins, who appeared for prisoner, said that after her marriage there had been a Jewish divorce, or a ✗ (Get), but that he had advised the prisoner not to rely upon that as a defence to this charge, and she had accordingly pleaded guilty. She was married when she was fifteen years of age, in November, 1898, and lived with her husband two years. She then went to South Africa, where she earned £20 per month, and saved a considerable sum of money. On returning to this country she married her cousin, Harry Fox. When this second marriage took place, at a registry office in Whitechapel, in November last year, Fox well knew her first husband was alive, and was present at her marriage in the East London Synagogue.
Detective FRANK GIRDLER proved that Fox (who had given prisoner into custody) had been three times convicted.
Sentence, One day's imprisonment.
Mr. Close prosecuted.
ALEXANDER STEWART , 9, Southfields Road, Wandsworth, Post Office pensioner. On March 19 last I went to the "King's Arms," High Street, Wandsworth about half-past ten. The two prisoners asked me to treat them, but I drank up and went out, refusing to treat them. These are the two men in the dock. They were strangers to me. On my way home I went into the "Red Lion" in York Road, about a quarter of a mile from the other house. When I left there I was immediately struck by the prisoner Hooper in the mouth, which knocked me down. Nobody else was there then, but when I lifted my head I saw English with my watch and chain in his hand. I do not know where he has been before that. As I was getting on my feet they both disappeared. I hurried to the corner, hut they had gone. The watch and chain was worth £5. I have had it just on 17 years. It has not been recovered yet. I identified the two prisoners.
To English. There was no one with you to my knowledge when you went to the "King's Arms." I was not the worse for drink. I did not take much notice who were in the "King's Arms." I was not unconscious when I was knocked down, only stunned for the moment I identified Hooper as soon as I got to the station. I knew him by the marks on his face.
The Recorder. You told the magistrate, "I came out and went into another public-house in the York-road; I came out, and directly I got outside Hooper struck me on the jaw and knocked me down, and English was there at the time. I became unconscious, and when I came to myself the prisoners were gone, and I missed my watch and chain, which I had safe when I went into the house." You did not tell the magistrates that when you came to your senses English was
there and be had your watch and chain in hit hand?—It is correct that when I got up they had disappeared. When I picked prisoners out I should say there were about 12 men there. I believe one or two of them were in the uniform of the Borough Council.
To Hooper. I did not see you in the Red Lion, but as soon as I came out you struck me. I did not say you followed me from the Red Lion to the King's Arms. I said that when I came out of the Red Lion you hid behind me, and struck me a blow.
Police-constable 151 V. On March 19 I was on duty in High-street, Wandsworth. I saw the prisoners leaving the King's Arms. I knew English; he is a well-known character to the police; that is why I took notice of him. I also saw the prosecutor leave the King's Anna. He left before the prisoners. They were quite near the prosecutor when they passed me.
To the Judge. I did not follow them. Prosecutor seemed quite sober. When I told the magistrate that prosecutor appeared to have had some drink I did not mean he was the worse for drink; he was steady enough in his gait. English had had a drink too, but Hooper seemed quite sober. I did say to the magistrate that my attention was attracted to prisoners because they were the worse for drink; I did not mean by that that they were drunk. I did not go to the publican and warn him that I had seen two men the worse for drink. They went away, and I do not know what became of them.
To English. I have known you about three years. I could not say what year it was that I first knew you, but it was since I have been in Wandsworth; I have known you 18 months, at any rate. I here seen you hanging about corners and that, and saw you once brought in by the police. I could not say when that was.
P.C. WALTER WELTON . On March 19 I got certain information, and immediately proceeded to Garratt Lane, searching each public-house, and on reaching the "Old Sergeant" I saw English with two other men coming towards me. I concealed myself in a urinal attached to the house. English, who was rather the worse for liquor, was endeavouring to enter the public bar; the other two were trying to keep him away, when he said, "We will have another drink; we have got the clock, and Fred is inside"—I took it he meant the watch, which is a slang term used by these men—"and as long as Fred stays inside we shall be all right." I immediately stepped out, and told them I was a police officer (as I was in plain clothes), and that I should arrest him for being concerned with another man for highway robbery with violence. This was about 11 o'clock. He said, "I suppose you want to swank it on me, do you? Take me and hang me if you like; I have had enough of this." I took him to the station. I did not go inside the public-house then to look for "Fred" (that was Hooper), because I had previously looked for him, and he was not there. From a conversation overheard in English's house I went to Hooper's house, where I saw him asleep on a dirty chair bedstead is the back kitchen. When I told him I should arrest him he said, "I have not seen English since three o'clock yesterday afternoon." I took him to
the station, and, prosecutor being sent for, the two prisoners were identified amongst 10 other workmen similarly dressed. When the charge was read over neither man replied.
To English. The urinal I was in was quite close to the public bar—about 10 or 12 yards away—that is how I heard you talking. I knew your voice very well. You did not say you had had enough to drink, that you were fed up with it, nor that you wanted to go home; nothing of the kind. On instructions from the police magistrate I saw Hooper's three witnesses on two occasions, and they declined to attend the Court. I have known Hooper some time.
JAMES ENGLISH (prisoner, not on oath). I was in the "King's Arms" drinking on March 19. Several other fellows were there; prosecutor came in. We were drinking for about an hour. I then went to the Red Lion, and stopped there drinking with my friend, who has gone to Canada. He came out; I stopped there about three-quarters of an hour. I went up then towards Garratt-lane, had a drink, and culled at the Turk's Head; then at the Old Sergeant. They wanted me to go in there to have another drink. I said, "I have got his clock; that meant his face." They said, "Have a drink?" I said, "No, I am fed up, and I dont want any more; I am going home." The constable came out of the urinal and arrested me.
To the Judge. I was drinking with the prosecutor in the King's Arms. I was with a friend, who has gone to Canada now.
Verdict, both prisoners, Not guilty.
ROSE, Charles Henry (21, clerk), pleaded guilty to stealing two share certificates of the value of £170, three gold rings, and other articles, the goods of William George Cope, his master; forging and uttering a certain authority for the transfer of certain valuable securities, to wit, a share transfer for the transfer of £148 of City of London Brewery Company's preference stock, and for the transfer of £287 of the ordinary stock of the said company, with intent to defraud.
Prisoner had been for two years a junior clerk at a salary of £1 a week. Prosecutor desired to recommend the prisoner to mercy, as he had a wife and child—a fact which prosecutor did not know of until this affair came out. The total amount realised by prisoner was about £170.
The Recorder said that it was a very serious crime in a great commercial city, and it would be a highly mischievous thing if any clerk could make a successful plea for leniency in a case like this.
Sentence, 15 months' hard labour.
BEFORE THE COMMON SERJEANT.
(Tuesday, May 28.)
Sentence, Nine months' hard labour.
TOMLIN, Alfred (23, porter) ; uttering a certain piece of counterfeit coin, to wit, a sixpence, well knowing the same to be counterfeit; possessing counterfeit coin, well knowing the same to be counterfeit, with intent to utter the same.
Mr. Sands prosecuted.
MAUD LONG . I keep a boot shop with my husband at 301, Harrow Road. On April 12, 1907, at 8 p.m., a man came into my shop and asked for a penny pair of laces, like those produced, and tendered a coin similar to those produced as a sixpence. I asked if he had a penny. He gave me one, and I returned the coin.
Detective-Sergeant JOHN GILL, H Division. On April 12, at about 8 p.m., I was in the Harrow-road, when Sergeant Holbrook said something to me. I saw the prisoner and another man, and followed them to 301, Harrow-road. The prisoner went into the shop, and purchased a pair of laces, tendering in payment what appeared to be a sixpence to the last witness. The coin was examined, and returned to him. He paid for the laces with a new penny, left the shop and joined the other man, who was waiting a short distance from the shop. They walked together as far as Christ Church grounds and there separated. The prisoner stood there, and apparently noticed Sergeant Holbrook on the opposite side of the road, and then threw something bright into Christ Church grounds. Prisoner then again joined the other man, went down Maryland-road, and returned by Woodfield-road, stood by the Guardians' offices and threw something into the grounds. I got over the railing and found two plated coins (produced), told Holbrook what I had found and he arrested the prisoner. The other man ran away. Afterwards I saw prisoner at the station and told him what I had found. He said, "I never went into the shop with them; the other chap did that." I then charged him with uttering and possessing counterfeit coin. He said, "It is a lie that I tried to counterfeit them."
Detective-Sergeant WALTER HOLBROOK, H Division. At 8 p.m. on April 12, 1907, I saw prisoner in Kilburn-lane with another man, kept them under observation, and followed them into the Harrow-road, through several back streets, and into the Harrow-road again, where I spoke to Sergeant Gill. I saw the prisoner, the taller man, go into No. 301. When he came out the two went together as far as Christ Church, when the prisoner stood with his back to the railing, the other man going into Maryland-road, and returning and joining the prisoner, and they went into Woodfield-road. Gill spoke to me
from the inside of the Guardians' office grounds, and I went after the prisoner and the other man. They went into the Albert public-house at the corner of Woodfield Road. As I reached it they came out, and I arrested the prisoner, the other man running away. I told prisoner he had been trying to utter a coin at 301, Harrow Road, and had thrown some into the Guardians' grounds, and said I should search him. He then said, "I have not any money; it is the other bloke you want. He knows all about where they come from." I searched him, and found nothing upon him. I took him to the station. Gill came in and showed him the coins (produced). He said, "I never went into any shop with them; the other chap did that." He was formally charged with uttering and possessing counterfeit coins. He said, "It is a lie that I tried to counterfeit them." The following morning I went to the Guardians' offices, and I found the pair of laces (produced) hanging in a bush. When I was giving my evidence at the police court prisoner said, "I plead guilty to possessing coins, but not to uttering them; I never uttered them"—something to that effect.
WILLIAM JOHN WEBSTER , Inspector of Counterfeit Coins, H.M. Mint. The six coins produced are farthings of her late Majesty and the present King, altered in such a way as to pass for sixpences. They are filed on one side and silvered over, and appear worn on one side and new on the other.
Prisoner (not on oath). All I can do is to plead guilty to having them in my possession and throwing them away. They were handed to me by this chap, who was a thorough stranger to me. He was away and I get the blame for it. It is my first offence; I have never been in prison before.
Verdict, Guilty. Sentence, Six months' hard labour.
THOMPSON, George (56, painter), pleaded guilty to breaking and entering the dwelling-house of John Bedford and stealing therein one gold watch and other articles, his property, and feloniously receiving same. He confessed to having been convicted at Newington Sessions on January 11, 1899, of felony, receiving three years' penal servitude for burglary. On July 16, 1902, he received 18 months for burglary, and previous to 1899 he had received five years and seven years for burglary.
Sentence, Five years' penal servitude.
BEFORE MR. JUSTICE BIGHAM.
(Wednesday, May 29.)
Mr. Muir and Mr. Arthur Gill prosecuted; Mr. Macpherson defended.
Police-constable HARRY URBEN, G 29, proved a plan to scale of the neighbourhood of Westmoreland Place, City Road.
WILLIAM SEWELL , over-mantel maker, 24, Howe Street. I am 24, and have a friend named Darke about my own age. I knew the deceased, who was a porter about my own age. They came to see me on April 20 last about 7.30, and we went to a public-house in Howe Street, the "Duchess of York," where we stopped about 15 minutes, and then walked to Shoreditch. We went into the "King's Arms," where we stopped about 15 minutes. Deceased then asked if we would go to "Dirty Dick's" public-house, in Bishopsgate. It was ute day of the final Cup-tie football match. We got there about nine o'clock. It was crowded, and we did not get in. There were people outside who appeared to have come from the country. We spoke to three of them, Yorkshiremen, including Robert Lees. We asked them to have a drink. We walked back to Shoreditch, and called at four public-houses, but did not have drinks at the fourth (the "Crosby Head"), as they would not serve us. We were not drunk. I should say we were jolly. Two of the Yorkshiremen, Dawson and Laister, remained with us up till then, and left us. Outside the "London Assurance" I noticed eight or nine girls and a number of youths. One of the girls spoke to one of the countrymen. I walked on about 30 or 40 yards when Darke came up and said something. We all walked on to the corner of Wellesley Street, when a large stone caught me is the middle of my back. I turned round, and saw a little short fellow plunge a knife into Darke's shoulder. I rushed to his aid, and caught hold of the fellow, but had to release him instantly, as I was surrounded by four or five of the youths, who had shoemakers' knives is their hands similar to this (produced). They made thrusts at me. One reached my left side, but I had a piece of chalk in my pocket, which prevented the knife hurting me. It made this out in my coat (showing same). I identified Allen as one of the youths who thrust at me, but he did not reach me. A police constable came along and arrested Darke. None of us had knives. Some bad sticks. Darke and Lees were on the ground when the constable arrived. I went on a few yards, and was then arrested and taken to the police station, but not charged. Four were taken to the station. The lads with we knives ran away. Lees was not charged.
Cross-examined. We were not served at the fourth, public-house we visited in Shoreditch because two of the men were singing and making a noise. When the girl spoke to one of the countrymen Darke came up to me and we walked towards Wellesley Street. I only saw the back of the man who stabbed Darke. I did not identify prisoner. I can't say that they were all shoemakers' knives. The piece of chalk in my pocket stopped the course of the knife. This all happened between 11.30 and 12. I could not identify the policeman who came up. Darke and Lees appeared to have been knocked down
and wore on the ground when the policeman came. There was no stand-up fight. I had to keep my eyes open to defend myself. We were not the assailants, but were on the defensive. I only saw one policeman.
WILLIAM DARKE , labourer. I went out with Dundon and Sewell about seven o'clock p.m. on April 20. We went to a number of public-houses and then to "Dirty Dick's," where we picked up Lees and two other Yorkshiremen. We went to other public-houses and then to King's Cross. We went down City Road to the corner of Westmoreland Place to the "London Assurance" public-house, where one of the fellows said something to one of the countrymen outside, where there were boys and girls together. It came to blows. I turned round and smacked Allen on the face with my open hand and walked on. There were stones flying in all directions. I should out to the deceased and told prisoner to look out. I was surrounded. but cannot identify anyone. I was stabbed in the right shoulder, and lost consciousness. I don't know who stabbed me. I was picked up and taken to the police station; a stitch was put in the wound. I don't know that I was fighting with Lees. I have been told so since. I did not know I was stabbed till I got to the police station.
Cross-examined. I did not recognise prisoner. I heard it mentioned at the police station that I was fighting with Lees.
THOMAS HOLDSWORTH , 227b, City Road. I am 12 years old, and go to school. I had been to the Britannia Music Hall on the night in question, and was going home alone between 11 and 11.30. Passing the corner of Westmoreland Place, I saw prisoner, Sewell, Darke, and one who spoke like a countryman, and some girls. I know prisoner, who lives near me. Florence Fairhead was with prisoner I had seen them together before. Chapman and Allen were also there. I do not know whether Murty was there. I thought the men were drunk. One of the countrymen put his arm round Florence's waist and hit prisoner, who hit him back. One of the men hit Allen on the head with a stick. There was then a fight between prisoner and Allen. Four of the men walked on to Windsor Terrace. I followed. Then they all started throwing stones, the lads following them. Then there was another fight, and the countryman struck Allen again on the head with a stick. A policeman came up and took two of them. There was a crowd, and they followed the constable to the station. Deceased and Chapman also followed. Prisoner came up to Dundon and stabbed him in the left side with what looked like a shoemaker's knife, similar to this, but it had a shorter handle and longer blade. He fell, and said, "I am stabbed." This was near the tobacconist's shop, where I said to prisoner, "Oh, you coward!" He made a growling noise and said, "Shut up!" He ran towards Bath Street along the City Road. Two men picked Dundon up. He staggered to the police station and then fell. I went home The next day I was in Windsor Terrace and found a shoemaker's knife on the asphalt ground. I took it home and showed it next day to Mrs. Murray, who lives in the house, and left it with her.
Cross-examined. I know prisoner. At the Coroner's Court, when he was going downstairs, he said, "You wait till I get out." He never threatened me before. I have often seen him with Florence Fairhead. I am certain that prisoner hit the man in return. I did not see him hit anybody in the fight. There was a lot of stone throwing, and prisoner threw a stone that hit Sewell in the back. I saw prisoner take a knife out when he stabbed deceased. I told my mother of it, and the said, "Shut up; it was only a drunken row." I am sure prisoner was there.
Re-examined. I told Allen's sister of it on the Monday following. Mrs. Murray told me to say nothing about it. I told my story to the police on Wednesday morning, when I was brought out of school.
MARIE MURRAY , 227b, City Road. Holdsworth lives in my house. On Monday, April 22, he made a statement to me and showed me a short-handled knife with a long blade, similar to this, only the blade is shorter. I showed it to the people upstairs, and they said, "Get rid of it," and I took it down and put it in the fire. The handle was burnt, and my husband took the blade and showed it to his mates, and they threw it away.
Police-constable ALBERT WHITE, 4 G R. I was on duty in City Road on the night of April 20, when I saw a crowd and fight between Lees and Darke. Darke struck Lees on the back of the head with a stick, and he fell. Darke was then struck by a big stone on the lower part of the neck. I don't know who threw it. He fell. They fought on the ground, a best they could. I picked them both up and took them away. Darke then struck me with a stick. I did not know that he had been stabbed. At the station G 333 brought in deceased with a wound over the heart. I did not see prisoner to identify him. In the charge room Darke took off his coat. He said, "I am thankful to he here. I can see you have saved my life," and he apologised for striking me. He undid his shirt and showed me a wound on his right shoulder. Lees was drunk. Darke had been drinking, but I should say he knew what he was doing before he was struck with the stone. I saw Sewell after in the charge room. He had been drinking, and was very excited.
Police-constable ROBERT PONMAN, G 333. I saw the deceased following the crowd. He fell on his face. I picked him up. He was covered with blood, and I took him to the station. The next morning at 3.30 I was in Windsor Terrace and picked up this knife against the kerb.
Cross-examined. I did not see deceased stabbed.
JAMES ROBERTS , house surgeon, Bartholomew's Hospital. The deceased was brought in in the early morning of April 21 and placed under my charge. I found a wound in his chest, near the second rib, about 1 1/2 in long, going inwards towards the heart wall. I performed an operation, but he died in about five minutes. I made a post-mortem. The wound reached the interior of the heart, was 4 1/2 in deep, and was such as might be inflicted by a knife with a
blade 4 1/2 in long. It would require a longer blade than this one. The cause of death was loss of blood.
Cross-examined. It is impossible to tell in what attitude the assailant was to inflict the wound. He would not necessarily have to be in front. It would be possible to do it over the shoulder. The deceased was about 5 ft. 8 in.
Sergeant GEORGE WRIGHT, G Division. On April 22, at 7.45p.m, I went to 8, Wellesley Street and saw prisoner. He was on the first floor washing himself. He lives there with his sister. I said, "I am a police officer, and I shall arrest you for being concerned with Allen, Chapmen, and Murty in killing one man and wounding another in City Road on Saturday night." He said, "I didn't use a knife. I have never had one since the last affair. I only used my fists. He started on us. I don't know who it was that used the knife. I got a black eye."
Prisoner's statement before the magistrate: "I can prove that I never had no knife. At the time it was done I was up at my house. I can prove that two had knives on them, but I never see them use them. I know who the bootmaker's knife belonged to. It was given to me the night before as I was going to Peter's Lane, and I gave it back to the man who gave it me as I was going home the same night. I never see no one have that knife not till I got to the station on Tuesday morning. One of them came up to me the night the fight happened where I was standing with Flow Fairhead, and said, 'I have chivied two of them.' Then on Sunday morning a girl said to one of them, 'What did you cry last night for?' He said, Wouldn't you cry if you chivied one of your own tarts?' When we were in the cell, four together, he said, 'I chivied that tart. I chivied that man as he held up his arm, but I never stabbed the one that is dead.' That is all. I want to call Miss Fairhead, and I will also call my sister."
CAROLINE ASHTON (prisoner's sister), 8, Wellesley Street, wire stretcher. On April 20 I went to my sister's to tea and was at home from eight till 11 p.m., when I went out to get my errands in. I returned at 11.20. I then went out about 11.30 to get a tin of condensed milk. I went to the top of Wellesley Street and heard people shouting "Murder!" I ran up and saw my brother (prisoner) held by one of the men. I caught hold of him and said, "You had better come home now or you will get yourself into trouble. I dragged him away and took him home. I saw no knife on him. It was not his practice to carry one. He was struggling with a man much taller than himself. There was no blood about him. Florence Fairhead helped me to get him home. That was about 12 o'clock. He stayed home about half an hour. His face was swollen and covered with mud. He said a man had kicked him in the face. He washed his face and went home with Florence. He come home to sleep
about one o'clock. Florence lives in Northampton Street, which is about half or three-quarters of an hour's walk.
Cross-examined. When I went out for the condensed milk I saw a policeman with a man in custody in Shepherdess Walk. I should not know the policeman. My brother was making a punch at a man taller than himself. Five feet eight inches would be a good bit taller than my brother. That was the only row I heard that night.
By the Judge. I remember prisoner being before the magistrate. I was not in Court. I was at work. He told me he wanted me to attend. I knew he was being charged with murder. I was present at the coroner's inquest. I know the verdict was "Wilful murder" against four, my brother being one. I did not offer to give evidence.
FLORENCE FAIRHEAD , 55, Northampton Street, Clerkenwell. I was working at a coffee shop on April 20, and got home about 7 or 7.30. I went out about 8.30 with some girls to Peter's Lane. We stood there, when prisoners Chapman and Murty came down. We went to the Empire. When we came out we went down the City Road outside the "London Assurance," That was sbout 11 o'clock. We were standing together, when three men time along and they started pushing by us. One dropped his hat, and a little girl picked it up, and he ran after her. One of the men put his arm round my neck. I put it off again, and one of them hit prisoner and he returned it. Then there was a fight between all the boys. I did not see a knife. The fight lasted about a quarter of so hour. The men went to the top of Windsor Terrace and then turned back. They ran after the boys, and there was another fight. I stood at the corner of Wellesley Street. I saw Chapman and, I believe, Sewell. Prisoner was mixed up with the others. Caroline Ashton came and fetched her brother away, and a policeman came along. I went with them to their house and remained about 20 minutes or half an hour. We then went back to Wellesley Street. I went home, and prisoner with me. I left him at the door.
Cross-examined. When I was outside the "London Assurance" prisoner and I were standing there. I have been keeping company with him about three months. I have been in the City Road with him once and also in Peter's Lane. Allen, Chapman, and Murty were there all standing outside the "London Assurance." I do not know the deceased. He called his name out himself. That is first time I ever heard it. He said, "I am Dundon's mob. I know the Nile." I do not understand what that means. There is a Nile street. I suppose the Nile boys are a mob. I do not know that they belong to the Nile, but I know they are always down there Chapman and Murty are Nile boys. I did not notice the man who put his arm round my neck. When prisoner looked at him the man struck him in the face and prisoner hit him back. After the fight finished opposite the "London Assurance," the strange man went away towards Windsor Terrace. We followed to the top of Wellesley Street. I did not see any stones thrown. There was a pile of stones
close by. I saw a man arrested by a police officer. I should know him again. (Police-Sergeant White stood forward.) That is the officer. The thing was all over by the time I went away with prisoner and his sister. He said, "You know those three men we had a fight with last night?" I said, "Yes." He said, "One of then is dead." I said, "Go on!" Nothing more was said. On the night of the fight prisoners hands were grazed and had some blood on them. I saw no knife. I have never seen any knives like this.
JAMES ASHTON (prisoner, on oath). I was outside the "London Assurance" about 11 p.m. on April 20 with Allen, Chapman, and Murty, and four or five girls. We were all sober. Some men came shoving into us and one put his arm round Florence Fairhead's neck. I was not angry. I looked full at him and he looked down at Murty, who had a stick in his hand. I still looked at him, and he made a whack at me in the face. I took no more notice of it. He hit Murty after he hit me. I did not hit him. We went along City Road towards Islington. About five yards passed Wellesley Street Florence asked me if I was going home. I said, "Yes," and walked with her and got up to Wellesley Street, and saw Allen and Chapman fighting Darke came up and hit me on the head with a stick. I made a whack at him back with my fist. I had no knife about me, or stick. I got two or three more whacks on the head by Darke, and was knocked down, and another man came on the top of me. That was between Wellesley Street and the ladder yard. I got kicked in the face at well, and got my hand trod on. My sister picked me up, and said. "Come on away, or you will get yourself into trouble." I and my sister walked home alone, and stopped in half an hour or 20 minutes, and then went home with Florence Fairhead about 12.10. My face was bruised. I had a black eye, and my head was all bumps. I did not stab a man that night.
Cross-examined. I was struck by the man who put his arm round Florence Fairhead's neck. I did not strike him back. I heard her say in the witness-box that I did. She is wrong. I did not have a fight till I got opposite Wellesley Street. I looked at the man who put his arm round her neck, and Darke came up and hit me with a stick. I did not strike him. Florence Fairhead is wrong in saying I did. The first fight took place at the "London Assurance," and the second one about 200 yards off. I was going home with Florence after the man hit me outside the "London Assurance" You pass Wellesley Street to go to Northampton Street. I did not follow the man up to Windsor Terrace, but went on in the same direction four or five minutes after. I did not see any stone-throwing. I did not see a heap of stones in the road. I saw Allen, Chapman, and the men fighting. I did not see a man stab Darke. I did not see Sewell. I recognised Darke by having a stick in his hand. He was fighting with Allen, and Chapman was fighting with another man. Murty is a small, dark fellow. He was not fighting with Darke. He had
gone away up Westmoreland Place. It is at right angles with the city Road. There was no small dark fellow who took part in the second fight. I was walking with Florence and came on the fight accidentally. Florence was with me outside the "London Assurance" when Darke hit me. I never left her at the corner of Wellesley Street. She might have stopped there. I first saw my sister there when she picked me up. I observed in the witness-box that she did not say anything about picking me up. She asked me to go home. I was on the ground. Darke assaulted me outside 227 B, City Road. I struck back at Darke. He is a great deal taller than myself. I did not see any police come up. When my sister said I made a punch at a man a great deal taller than myself outside 227B, that could not be Darke. I am sure I had not a knife. I have seen the knife produced in Court. I bad a knife like that the night before the fight, which Allen gave me. He is a stick-maker. I do not know why he should give it to me to mind. He gave it to me in Nelson's passage at about nine p.m. I kept the knife till 11.30 in my pocket. I had never minded it for him before. He said he had a hole in his pocket, and it would fall out, or something of that sort. I have known Allen about seven years. None of my friends had knives like this. My sister told me on Saturday morning that the man was dead.
Re-examined. I was not on the ground struggling when my sister dragged me away. I remember saying before the magistrate that one of them came up to me on the night of the fight, when I was standing with Flow Farehead, and said, "I have chivied two of them." That was Allen. It was after the fight up by Wellesley Street. Allen came up to me at the corner of Northampton Street.
Verdict, Guilty of manslaughter.
Police-sergeant WALTER SELBY, G Division, recalled. I have known prisoner since last January. I was present at the North London Sessions on February 1 last, when he was bound over in his own recognisances and sent to Mr. Wheatley's Home for unlawfully cutting and wounding a youth. Two other youths were charged with him, and they were also bound over. It was not a faction fight, but some disturbance in the pit of Sadler's Wells Theatre.
Sentence, 10 years' penal servitude.
MURTY, Phillip (17, bootmaker), CHAPMAN, Patrick (16, printer), and ALLEN, Thomas (15, stickmaker) , were charged on the coroners inquisition with the wilful murder of Garrett William Dundon. Mr. Muir, for the prosecution, said the prisoner's were all brought up before the magistrate charged with wilful murder. The magistrate discharged them on that charge, and with his lordship's permission he proposed to offer no evidence. A verdict of Not guilty was entered.
(Thursday, May 30.)
ALLEN, Thomas, was indicted for unlawfully assaulting William Sewell, with intent to feloniously wound him. Another count charged him with assaulting the same person with, intent in so doing to resist the lawful apprehension of a person unknown.
Mr. Muir and Mr. Arthur Gill prosecuted; Mr. W. H. Sands defended.
Verdict, Guilty of a common assault. Prisoner received a good character, with the exception of having been concerned with other boys three years ago in breaking into a warehouse, for which be received six strokes with the birch rod. He was now released on his own recognisances in £20 to come up for judgment if called upon.
BEFORE THE RECORDER.
(Wednesday, May 29.)
Sentence, Six months' hard labour.
SINCLAIR, Mary (34, charwoman), pleaded guilty to having been entrusted with certain money, to wit, the sum of £11 10s., for a specific purpose, did fraudulently convert the same to her own use and benefit. Sentence, Nine months' hard labour.
WINDUS Arthur Walter (40, clerk) pleaded guilty , to obtaining by false pretences from Charles Frederick Jackson banker's cheque for the several sums of £80, £300, £300, and £110, in each case with intent to defraud; and being servant to Charles James Powell did falsify certain books and papers, to wit, the ledgers, cash books, cheque counterfoil books, and paying in slips, with intent to defraud.
Mr. Bodkin prosecuted; Mr. George Elliott appeared for prisoner. Sentence, Three years' penal servitude.
DENNISON, Frederick Albert (33, dealer) pleaded guilty , to forging and uttering a certain request for the payment of £3 15s., with intent to defraud; stealing a bicycle, the property of John Arnold James, and feloniously receiving same; forging and uttering an order for the payment of £1 19s.; stealing a bicycle, the property of John Clyde Newman, and feloniously receiving same. A long serial of convictions for larceny were proved, including one of three years penal servitude.
Sentence, 18 months' hard labour.
HUDSON, Major Walter (33, collector) pleaded guilty , to having been entrusted with certain property, to wit, the sum of 1s. and divers other sums, the property of the Pearl Life Assurance Company, Limited, for a certain purpose, did fraudulently convert the same to his own use and benefit. Sentence, Three months' hard labour.
DUMVILLE, Joseph (Post Office sorter), pleaded guilty to having been entrusted with certain money, to wit, the several turns of £12 5s., £5, and £78 2s. 6d. for a specific purpose, did fraudulently convert the same to his own use and benefit. Having received for and on account of Francis Mansfield and others, trustees of the Maid Marian Court of the Ancient Order of Foresters, the several sums of £12 5s., £10 12s. 6d., £5, and £110 17s. 6d., did fraudulently convert the same to his own use and benefit.
Sentence, Nine months' imprisonment in the second division.
Mr. Bodkin prosecuted.
Police-constable WALTER CURSONS, 349 G. On May 5, 1907, I was on duty with Police-constable Breslin in Baron Street, Pentonvills, at 12.30 midnight. I had previously seen Sergeant Matthews arrest Hackett for disorderly conduct. There was a large crowd of disorderly people including the prisoner. Breslin and I requested them to go away. Someone shouted, "Do it on them." The prisoner struck me with his fist a violent blow in the chest and I felt to the ground. When I got up I saw prisoner butt Breslin in the stomach with his head, and he also fell. Prisoner ran away, we followed, and be turned and again attempted to butt Breslin, who drew his truneheon and struck him on the head. Prisoner ran away into Chapel Street, a distance of 500 yards. We followed and caught him at the corner of Warren Street and arrested him. He became very violent and kicked Breslin, who fell, and prisoner then kicked me on the right hand. They were intentional kicks because he had got away from Breslin. Police-constable Garraway then came up. Prisoner attacked him, and he fell to the ground. There was a large hostile crowd, kicking and shouting at us and pushing us away—about 100, none of whom attempted to assist the police. The crowd had followed us, and were collecting from all directions, hearing the police whistle. Bottles and stones were thrown. I produce helmets injured by missiles. I was struck twice by a bottle. Lantern produced was pulled off Garraway's belt and thrown at him. After a time tome 30 constables came from the surrounding stations, and we took the prisoner to the station on a costermonger's barrow, holding him down, as he was very violent. We were then seen by Dr. Contor. My hand was injured, and my right shin. I did not go off duty.
Cross-examined. Prisoner was there when Hackett was arrested.
Police-constable JOHN BRESLIN, 307 G. I was on duty with the last witness, and saw Hackett taken away by Sergeant Matthews. I did not see prisoner there then. There was a large gang of men behaving very disorderly. I and Cursons requested them to go away. Prisoner was there, and I saw him knock down Cursons. I went to assist him. Prisoner turned round and butted me in the stomach, and I fell. He ran away; I followed, and he again attempted to butt me. I drew my truncheon and struck him in the head. He ran a distance of 500 yards to Clarence Street, where I caught him. He again became violent and kicked me to the ground. Garraway came to our assistance. Prisoner got away from me and threw Garraway down. There was a large crowd, who were throwing bottles and other missiles, kicking and shouting. I was struck on the helmet with a large claret bottle of beer. I got several blows from the crowd. Prisoner was very violent, trying to get away and twisting about. Garraway and Cursons were holding him, I keeping the crowd back as best I could. There was a very large crowd, who kept closing in on us and trying to pull the prisoner away. There was no attempt by anybody to assist us. Ultimately prisoner was taken to the station. I was seen by the doctor. I was vomiting for several days afterwards from the butting in the stomach and was on the sick list nine days. I am now all right. I received several kicks about the legs.
Police-constable JOHN GARRAWAY, 316 G. On May 5 I saw the last two witnesses pursuing the prisoner in Baron Street and followed. Prisoner was stopped in Chapel Street. I got hold of him. He kicked me on the ribs and in the legs, on both thighs, and both shins. I was thrown to the ground, blew my whistle, drew my truncheon, and struck prisoner about the legs. He was on the top of Brealia. My helmet was knocked off, the lamp torn from my belt, and throws at me by the crowd. When I got to the station I was seen by the doctor, and have been on the sick list for 22 days. The kicks were intentional kicks, not done unintentionally in the struggle.
Police constable FREDERICK MARSHALL, 315 G. On the early morning of May 5 I went to the assistance of Cursons and Breslin. The prisoner and a very large crowd were there. They were very hostile, throwing bricks, bottles, and other missiles, and there were shouts of "Go it, Darkey—down the bastard and kill him." I saw one man striking at Garraway; then we closed, and we fell in the struggle. I was stabbed in the shoulder twice. I do not know by whom. I had drawn my truncheon to keep the crowd off. I had a fit at the station; my wounds were dressed, and I have been on the sick list 16 days.
Inspector FREDERICK GABB, G Division, stationed at King's cross Road. In the early morning of May 5 Hackett was brought in by Sergeant Matthews, was charged, and afterwards dealt with. After that I got calls for assistance and despatched about 30 men. I also telephoned to Islington, and about 50 officers in all were sent. At 12.45 a.m. prisoner was brought to the station and charged. He said "What about what I have got?" He had a wound on the head.
RICHARD LAWERENCE CONTOR , divisional surgeon. At about one a.m. on May 5 I had a call to King's Cross Road Station. I found Garraway suffering from pain in the legs, thighs, and shins, and he complained of pain in the testicles. He was a good deal shaken. I placed him on the sick list, and he was on the sick list for just over three weeks. Breslin was suffering from sickness. He was vomiting, which continued for some few days. He remained on the sick list about eight days. He complained of being kicked on the legs, but he said that was not much. The sickness might be produced by being butted in the stomach. Cursons had a bruise on the back of his right hand and slight bruises on the side of his face. Marshall had two wounds on his back. Shortly after I went to the station he had an apoplectic fit, the result of shock. The wounds were caused by some sharp instrument; they were punctured wounds, and were stopped from going further by the shoulder blade; they were clean stabs, about 3/4 in. deep. He was on the sick list 15 or 16 days. I examined the prisoner. He had a contused wound on the head and two small contusions on each shin. The skin of the head was broken and bleeding. I saw him the following day; he was better, and after that left my hands.
THOMAS SAVAGE (prisoner, not on oath). On the night of May 4 I had had a drop too much to drink and was walking up Pentonville Hill, when I saw a fellow named Hackett going to be locked up by two policemen. I looked down the street and saw a crowd of about 50 people. I went on, and a police-constable trod on my heels. I said, "Don't do that," and walked away. He kept on pushing me and kicking me on the heels. I turned round and said, "Don't do that." He still kept on pushing. I pushed him, and he fell down. I ran across the road, and got stopped by a constable. I do not remember butting him. I think we both fell down in the struggle. I ran about 300 yards to Warren Street. I remember having a slight struggle there. I became unconscious, and remember nothing more until I was at the station.
There were three convictions proved for larceny and one for disorderly conduct and assaulting the police. Prisoner has been known for several months as the associate of thieves and prostitutes.
Sentence, 12 months' hard labour.
Mr. Forester Boulton, M.P., and Mr. Horace C. Fenton prosecuted.
believe book (produced) to be my Savings Bank deposit book. I began an account about 1875. The last time 1 drew was in June, 1905. I kept the book in a box in my bedroom. I usually send the 1906. book up to the Post Office in February, and in February, 1906, 1907. I asked Willmin to send it She afterwards produced the book, and 1908. allowed me an entry, and said, "There's £80 and the interest. That's 1909. all right" Later on, on April 6, I asked her to produce the book 1910. again, and she produced it after a lot of squabbling. She threw 1911. some of it on the fire, but it was snatched out. I know Saunders as 1912. a kind of jobbing cailpenter. His wife's sister lodged at my house.
ADA BEATRICE DYER , assistant, Post Office, 794, Old Kent Road. On July 6, 1906, both prisoners came to my Post Office. Saunders handed me demand note (produced). I gave the form to Willmin, who filled it up; Saunders put a cross to it and I handed I; him 20s. They had called three or four times before at the Post Office, sad I knew them well. I afterwards identified the prisoners amongst a number of persons.
Detective-sergeant HENRY HOLFORD, P Division. On April 29. 1907, I arrested Saunders at 32, Albert Road, Deptford. I told him the charge. He said, "I did it to assist the woman" I arrested Willmin at 67, Asthurv Road, Peckham. She said, "I did it through Saunders." At the station they both made statements, which were taken down by Inspector Baker, and which I produce. (The statements were read, according to which each prisoner charged the other with the chief part of the fraud.)
DAVID SAUNDERS (prisoner, not on oath). This woman first came to me asking me if I Would do her the favour to go to the Post office with her to draw £I out. I said, "Do not you think I shall get into a row if I go with you." She said. "Nothing of the kind. If you will go with me I will give you 3s. for the loss of your time and your trouble." From first to last I never had any intention to do anything unjust in any way. I have always borne a good character, am 41 years old, and never had a charge against me.
Verdict, Guilty. Sentence, each prisoner, Six months hard labour.
BEFORE THE COMMON SERJEAN.
(Wednesday, May 29.)
Detective HENRY BRAIN deposed to the fact that prisoner had been employed for 30 years in n firm in Manchester and was considered
to have a highly respectable character. Lately he had had little or no employment. Prisoner was bound over in the sum of £10 to come of for judgment when called upon.
FALCON, George, otherwise Parker (28, labourer), and SMITH, George (26, painter), both pleaded guilty to burglary in the dwelling-house of Francis Alexander Johnson, and stealing therein 10 silver trays and other articles, his property, and the sum of £I, the moneys of Ada Jenkins, and feloniously receiving same. Against Falcon six previous convictions were proved, including one of four years penal servitude at this Court on July 23, 1900, for robbery with violence; against Smith, 12 previous convictions.
Sentences, both, Five years' penal servitude.
Mr. G. L. Hardy prosecuted; Mr. Jellico defended.
On April 26, soon after midnight, I was coming out of the "Albert" public-house in All Saints Road. I had had one drink in there. I had my senses about me. This is about quarter of an hour's walk from Silver Street. I treated the prisoner to a drink and changed half a sovereign. Prisoner asked me for 2s., and I refused it. I put the change back into the same pocket. I was with prisoner about half an hour in the bar. Mr. Freeman was with me, and two other young chaps as well—not friends of mine. They were talking to prisoner. We went towards Talbot Road. Freeman was walking with another chap, and I was walking with prisoner and a friend of his, one on each side. The prisoner was on the left side, where the money was. We were in a main thoroughfare, but it was very quiet. All of a sudden prisoner struck me, put his hand in my pocket, and took out something over 5s. He hit me on the right side with his left hand. The man on the other side struck me also. Prisoner got hold of my arm; put his hand under my chin and held me up. He took 5s. and a few coppers, leaving me with 4s. The Nan on my right held me on that side. I fell over and became unconscious with the force of the blow. Freeman picked me up and took me home. I was rather queer. I picked prisoner out the next day at the police station from amongst others.
Cross-examined. I slept in Biker Street that night, or rather next morning. It was about ten to one when I got home. I was going to Ladbroke Road after this assault, not before. I was sober enough to know which way I wept. I must have gone along Ladbroke Road. I told the magistrate that I was on the ground unconscious, but I will not swear that I did. I was picked up by my brother. He was the only one there when I came to. I felt in my pockets immediaiely.
My brother-in-law did not tell me I had lost money. I knew it myself as soon as I recovered consciousness. I know the police station in Lad broke Road. I felt too bad to go to the police station that night. I aid not pass it. We branched off pehalls at Elbridge Road. I will not swear I went through Pembridge Road—either Pembridge Road or Pembridge Crescent. My brother-in-law came home with me. I had to get up very early next morning. I wheat out at half past 11, having had to attend to business at home. I got to the police station just on 12, and made complaint of having been robbed. I will swear I told the constable it was 5s. and a few coppers. It was about 10 to 12 when I went to the "Albert" the night before. I leave off work any time after eight; that evening I was out before eight. I keep a newsagent's shop, and usually close at 10, but I left someone to close for me that night The first public-house I called at was the "Civet Cat," in Kensington That must have been after eight o'clock. My brother-in-law was with me all the evening. No one else was with us then. I changed a shilling there, and got ninepence change. I may have gone into one or two more public-houses—I did not go into every one I saw.
(Thursday, May 30.)
GEORGE HENRY WATTS , recalled. Cross-examination continued. I was not outside the "Albert" when the assault took place. It was about 10 minutes after I came out, and we were about 150 yards away There was plenty of light in the street. I did not notice any policemen there. It is about quarter of an hour's walk from the "Albert" to my home it might take as long as half an hour. I did not see any policeman after I was assaulted. Several people passed us. We made no complaint to anybody that night. I may have had about 12s. when I started out in the evening; I am not sure. I do not know what money Freeman had. I was not in the "Colville" about half-past 10. I know there is such a public-house, but I cannot say where it lies. I do not know a man named Steadman, nor Birchley. I know the "Warwick" public-house. I was not there, as far as I remember. I was not refused drink at any public-house (A man named Page Steadman was brought into Court.) I saw that man that very night. I was not with him at any other public-house but the "Albert." I was in about four public-houses altogether. (A mass named Birchley stood up in Court.) I was not with that man on the night. I was not treating people in the four hotels I was in, and I did not see any women there, only the woman behind the bar. Steadman, one of the men I have just seen, was walking on the other side of me when the assault took place. We did not go past the "Apollo" and stand outside. (Harry Colleau stood up.) That is one of the seven men who was with us. (The witness then said the opposite.) I deny that he was with us at the "Apollo," and went in after closing time and fetched out drink to us. There was no drink brought out whatever.
I was not drunk then. As I was walking with the other men we were talking. I could not tell you what we said; it was only for short distance. I am quite sure this affair took place on the night between Thursday and Friday. What I said before the magistrate is correct. I could not say that Steadman held me on the other side whilst prisoner robbed me. It was either he or the other one—there were two. I had not been in the "Apollo" at any time. I may have said to the magistrate, "I may have been in the 'Apollo' previously."
Re-examined. Before I was rendered unconscious I felt something going into my pocket. That was why, on coming to, I felt to see if any money had gone. I treated Steadman in the "Albert" that night. I do not know Birchley.
WILLIAM FREEMAN , 56, Tasman Road, Stock well, newsagent. On April 26 I was with Watts in the "Albert." We were alone at first; a little later three others joined us, whom I had not seen to speak to before. We stayed there about half an hour, then went outside and stood talking; then they followed us across the road. Watts was walking with two men, one on either side; one was the prisoner. I saw them pulling Watts along; they had his hands behind him some-now. I did not see exactly; I was kept back in conversation. When I got up 10 my brother-in-law (Watts), he was on the ground, and I saw prisoner kick him. Then prisoner ran away. Watts was partly unconscious when I picked him up. He said as soon as he got up that he had Been robbed. I took him home.
Cross-examined. I am certain about the kick. I did not spend any money that night in public-houses. I had no money with me. We started out between half-past eight and nine; it may have been earlier. I met my brother at his shop. We were going to a music-hall. We only went to two public-houses before the "Albert"—the "Civet Cat" and the "Colville." I was with my brother-in-law all the time. We had a ride on a bus to Hammersmith during the evening. Nobody treated us at these public-houses. I do not know what Watts changed at these places; only the half-sovereign at the "Albert." I did not see a policeman. I think the "Apollo" is on the other side of the road; I have never used it at all. When we left the "Albert" we turned to the right and across the road through Clydesdale Road. Two men came up and kept my brother-in-law in conversation. I was shout halfway down the street with another fellow—about 50 yards, I should think. We did not pass any people. We had not been refused drink that evening. I was quite sober, and my brother also. When the assault took place I was about four or five yards away. I did not see my brother-in-law robbed. He told me so. It would take probably 10 minutes from the "Albert" to my brother-in-law's house. We went along Pembnage Road on the way. We did not go to the police station nor complain to anybody. Next day I got no about eight. My brother was, already out doing his business. He has to get up early. I saw him downstairs in the shop. It was about 12 when we went to the police station, which was about five minutes' walk.
FRANK CHURCHWARD . On April 26, about nine p.m., I saw prisoner in the "Albert" and charged him with being concerned with two other men not in custody with having assaulted and robbed the prosecutor. He said, "I know nothing about it." He was identified by the prosecutor amongst eight others. When he was formally charged he said, "I am innocent." I found on him 5s. 6d. in silver and 3d. in bronze.
Cross-examined. Prisoner has been in the 7th Fusiliers Militis Battalion and another Militia Battalion. I know of no conviction against him. I called in at the station when prosecutor was there making complaint. He seemed very nervous. I should say he had been drinking overnight. This was at 12 o'clock the next morning. Freeman did not show any evidence of drink.
FRANK ARTHUR GILES , licensed victualler, the "Albert," All Saints Road. On April 25 I saw prisoner in my house, also the prosecutor and Freeman. The prosecutor changed half a sovereign. They left a few minutes after 12, probably 10 past. There were five men, I think, altogether. The prosecutor was sober. I noticed that particularly on account of his changing the half-sovereign.
Cross-examined. I should not supply drink to a man the worse for drink I could not say if anyone else got change besides the prosecutor, as I was not serving. These men had been in the hotel, I should think, about an hour. They were all sober. I should know two of the other men. I know prisoner's brother, Michael Bowes, as a customer. I did not see him that evening—that is the 25th. He was there on the next day.
Police-constable FREDERICK HARVEY. On April 26, about 12.30. I was in All Saints Road and saw the prisoner with three or four others near the "Albert." I know the prisoner well. I cannot say whether Watts or Freeman was with him.
Cross-examined. I was not there when they came out of the public-house. They were talking quietly together while I saw them, which was during five or six minutes. I could not identify any of the other men. I knew nothing against the prisoner.
Re-examined. The public-house had closed before I lost sight of the men.
THOMAS WILLIAM CUTMORE , licensed victualler, the "Apollo," All Saints Road. On April 26 I was in the house and remained till coling time, but never saw Watts there. I have seen prisoner several times, but not for about three months. He was not in my house on April 25. No drinks were sent out to anyone that night.
Cross-examined. I am speaking of the Thursday night—the 25th My barman and barmaid, my wife and myself, serve in the public-house. No one could have taken drink outside on that night after closing time. We do not send drink out.
nine. Watts came in about half-past 10. Freeman, I believe, was with him. They were there about an hour, with some others. When they were on the point of leaving they asked for more drinks. (I think it was Watts who asked.) But they did not get any; they were not sober. I was three parts in the wind, but had my head screwed on the right way. I was afterwards at the "Albert," and saw prisoner. I bad not seen him before that night. I was in a bar called "The Abode of Love," and he was in another, the big bar. Watts and Freeman came in with me. There were five of us. Before reaching the "Albert," we went into the "Warwick." There we were refused after two drinks had been supplied out of the five which were wanted. Two of the company had gone in first, and then we other three followed in; it was then the landlord refused to serve us. Then we went to the "Albert"; this was about 12 o'clock. We got drink there all right. I think Watts called for them. I think we all had two drinks there. It was near the half hour when we left. We stayed outside chatting. Then four of us went across to the "Apollo"—myself, Witts, Freeman, and Harry Birchley, I think. We left the prisoner outside the "Albert." No assault by or robbery of prosecutor by the prisoner took place in my company, nor did I do anything to prosecutor. Before that we got four drinks at the "Apollo" between us. I bought them and took two outside, Birchley bringing the other two. The hotel was just on the point of closing. We had no difficulty in getting the drinks. The man came out when we had finished and took the glasses back. I left Watts and Freeman at the corner of Lancaster Road and St. Luke's Road. They would be going in the direction of Westbourne Park, going north.
Cross-examined. I work for my brother; he hat not a shop at present. I knew prisoner at the time of this affair. I did not know where he Lived. Prisoners brother asked me to give evidence two or three days ago. I did not know that this affair concerned me before he asked me about it. I had not thought about it before that It was brought to my mind when prisoner's brother gave a description in regard to it When Watts spoke to me in the "Colville" I had not known him before. The prisoner might never walked a few yards with us when we left the "Mbert," not more. It must he a lie for prosecutor to say he was walking with prisoner when he left the "Albert." I had only been to the "Warwick" before I went to the "Albert." I was not too drunk to remember what took place. I went straight home after leaving Freeman and Waits. I had not seen prisoner for some weeks when I saw him in the other bar in the "Albert"; I went round into his bar. I know the landlord of the "Apollo"; I do not think I saw him in the bar.
To the Judge. While I was with Freeman and Watts after leaving the "Albert" nothing happened at all, bar once, when Freeman smacked the prisoner twice in the face outside the "Albert." Prisoner said, "If you do that again I shall smack you hard." That is why we went across to the "Apollo."
HARRY BIRCHLEY , 178, Cornwall Road, stableman. I remember being in the "Albert" on April 25. I went in about 11.30. Before that I was in the "Apollo" I found prisoner in the "Albert," also Watts and Freeman. I was with prisoner in another bar. Watts and Freeman afterwards came into our bar, with three others. I did not see them purchase any drinks. They were drunk when they entered the place. I was sober. They were with me and prisoner in that bar about 20 minutes. We all went out together, just on closing time, and stood talking a little. I left prisoner outside the "Albert," and went off with Steadman, Freeman, and Watts to the "Apollo." I and Steadman went in and fetched the drinks. We drank ours in the house, and the other two had theirs outside. Then the three of us walked to the top of Lancaster Road and St. Luke's Road, and I went away with Steadman. Watts and Freeman went towards Westbourne Park. I did not see them again that night. No assault was committed upon Watts by anyone.
Cross-examined. I work for Mr. Battersby. St. Luke's Mews. I was not at the police court because I did not think the case concerned me. I did not know so much about the case as I do now.
Re-examined. I did not think it was this case at all when I read of it in the newspapers.
MICHAEL BOWES , gas stoker, brother of the prisoner. I remember April 26, when I heard that my brother had got into trouble. On that day I gave my brother 6s. which I owed him. That was about eight or nine in the evening, before he was arrested. I was at home when he was arrested. I had just returned home that day.
Verdict, Not guilty.
BEFORE MR. JUSTICE BIGHAM.
(Thursday. May 30.)
Mr. Austin Metcalfe prosecuted.
He has been in the army 6 1/2 years. On the night of April 14 I was with my husband and prisoner. We had been to my brother's to tea They were sober. We were walking along Nile Street on our way home when some dispute arose between the two. I do not know what it was about. I heard my husband say, "Do not fight here; come to Hoxton." They took off their coats. The next I saw was the prisoner bit my husband in the mouth. This was just opposite Westmoreland Place. He reeled back and fell forward, and hit his head on the kerb. The policeman came up and said, "What is the matter?" I said, "It is ail right, governor, it is only two brother having a tiff." I did not know anything serious had happened. The police said, "Take him home." Some men were stand-ing round, and one of them said, "Shall I carry him home for you, senses?" and they carried him home and put him on my bed. Prisoner walked along in the same direction. When they arrived home he did not go in the house. I remained up with my husband all that sight. I can hardly say if he recovered consciousness He was very sick all the night. Prisoner came to the house about 8.30 the next morning, and said, "I am going back to my regiment. I said, "Oh, Charlie, he has been bad all night." He said, "Can I go in?" I said, "Yes." He said, "Shall I fetch a doctor?" Dr. Brenner was called in, and he admitted him to the Metropolitan Hospital. Prisoner paid for the doctor. My husband died the next morning at 8.15.
To Prisoner. You did go up when the men took him home and slowed me your cut hands. I think you stopped in the place when I went to fetch the doctor.
By the Court. I have no idea how the quarrel began. They were always on friendly terms, to my knowledge. I cannot say whether my husband was fighting when the prisoner hit him in the face, because I had my two children with me and they were crying. They were walking in front of me, I did not see my husband strike the prisoner.
THOMAS MACARTHY , 31, Nile Street. I saw Mrs. Reynolds and the two children on April 14 with prisoner and another man. They were strangers to me. The men, when they got to Westmoreland Place, took off their coats, and prisoner struck deceased two blows in quick succession, and he fell. I went to his assistance, and got water and bathed his head, and he was taken home. It appeared they had been wrangling all the way home. I do not know what it was about They both shaped up for a fight. It was the first blow struck.
To Prisoner. I am certain you struck two blows in quick succession Your brother did not get a chance of hitting you. You hit him in the jaw twice and then he went on the kerb. When the policeman came up and asked me who did it I pointed you out to the policeman You used burn right hand.
By the Court. The other man was going to strike prisoner.
CYRIL HERBERT ALLOTT , assistant house surgeon, Metropolitan Hospital. The deceased was admitted on April 15. I found he was unconscious, and suffering from concussion. He died the same evening without recovering consciousness. A post-mortem was held, and showed extensive laceration of the right side of the brain.
Sergeant SAMUEL COX, T Division. At 2.30, on April 15 on information I received, I went to see the prisoner. I said, "From information I have received I shall arrest you for causing grievous bodily harm to your brother." Prisoner replied, "Well, last night I and my brother were walking along Nile Street, Hoxton. He was chipping me, and throwing out nasty snacks about paying for beer. He said to me, 'You want to have a fight, don't you?' I replied, 'No.' He took off his coat and struck at me, and we had a stand-up fight. I hit him on the point of the jaw, and before I could realise what was up he fell forward on hit face. I picked him up and gate him some water, and some men carried him home. I went on for a time with him, but would not go in in case be started another row I saw him this morning, and sent for a doctor." I asked the doctor, in the presence of prisoner, if he could give me particulars of the injury, and he said he was dangerously ill and must he detained. The following day I went to Myrtle street, where prisoner was, and told him his brother was dead, and that I should arrest him for manslaughter. He said, "All right; I have been waiting for you." He was taken to the station, and in reply he said he was very sorry—It was a fair, stand-up fight.
Prisoner, in defence, handed a written statement to the Judge, a portion of which his Lordship read: "He must have got out of temper; he wonted to fight and squared up in the road, and just as I was going to walk away he said, 'Come to Hoxton and fight.' I thought we would be on friendly terms again, but he came back and wanted to fight and took his coat off. He lashed at me with his clenched fists as hard as he could, which missed me, and he squared up again, and to save myself I struck out and caught him in the mouth, and he caught me on the arm and fell forward on his face, which caught the kerbstone, and then with the assistance of three or four men we got some water and carried him home. One of them said to me, 'You can manage him now.' I have been six years and four months in the regiment. I went out to South Africa the end of 1905."
Verdict. Not guilty.
Mr. Torr prosecuted; but at the end of his opening, after an intimation from his Lordship, elected not to call evidence and the jury, under his Lordship's direction, returned a verdict of Not guilty.
Mr. Sidney E. Williams prosecuted.
AMY HACKSHAW , 23, Tolmers Square (wife of prisoner). On March 23 I was at home about 10.45 p.m. Prisoner was in bed. He began swearing at me, and, after he toned down a bit, I said, "What is that for, George?" and, with a lot more swearing, he rushed round the table and said, "I will let you know what it is for," and pushed me back on the bed and tried to cut my throat with a razor. I tried to save myself, and he nearly cut my hand off. I called "Murder!" and Mr. and Mrs. Ray came in. I said, "Dont let him cut me again." They took me out on the landing, and I dont recollect anything more till I was in the hospital. I believe this is his razor. He has never worn a beard before since I have known him. (To Prisoner. You have threatened me many times. Bar the time you were in the infirmary, I have always earned your living. You have never brought me a week's wages since I married you, except one half-crown.) I was sober. I had 3d. worth of whisky before I went in. My husband was out with me all the afternoon shopping. It was a Saturday. I was at work at 5.45 a.m. getting his coat ready. I left at eight. I had a cup of cocoa and nothing to eat with it, and went to my business at Jay's, Regent Circus, and left there about 2.30 and got home at three. He was there waiting, and looked daggers at me. I could see something was the matter with him because he looked so awful at me. I said, "Shall we go out shopping?". He said, "Yes," and he took a bag and we went to Somers Town shopping. We went into a public-house, and he called for two glasses of ale. I said, "I don't want any. I want something to eat." He stayed there, and I went to a fried fish shop, which was shut, being Saturday afternoon, but in Chapel street I had some stewed eels, and when I went back I found him still sitting there. He began swearing at me, and said I had been drinking. I had left him about 10 minutes. He started rowing with me on the pavement, and I thought he was going to knock me down. We went down Drummond Street and bought a little bath for 1s. 6d. and then went home. It was getting on for five o'clock then. First we went into the "Crown and Anchor" and had one sandwich each and a glass of mild and bitter. A boy brought the bath when we got in. Prisoner said it was not the right one. He swore and grumbled and made the boy take it back and told him to bring one with 1s. 6d. marked on it, which he did. I said, "I will change my shoes, George; I feel so tired. You take the oil can and go over to the oil shop and I will follow." He took the can. I changed my shoes and brushed my hair and went out to meet him, thinking he would be coming out of the oil shop. I stood at the corner. It was between five and six. I could not find prisoner. I got home about 10.45, after taking a walk and looking at the shops in the Hampstead Road. I only had 3d. worth of whisky just before I went in. I did not know that prisoner was in. I had been married
before. I am told my first husband is dead. I have three boys living. aged 19, 17, and 15. They come to see me sometimes before they go to the Stanhope Street night school. Prisoner and I have frequently quarrelled about money matters. I used to bring my wages home and give them to him, as he said he could spend them better than I could. I found that would not do, and he says I never gave him a penny. I gave him 2s. one night, and he went out early in the morning, and about five minutes to eight he came back drunk. When I asked him where he had been he said he had been to Covent Garden, where they were open all night. He had been a soldier for 33 years, he told me. He was all right when I married him, but last year he had a sort of paralytic stroke and had to go into the infirmary. He has been worse since the stroke. He has often threatened me, and I have had to go on my knees and beg for mercy.
FRANCIS WILLIAM RAY , 23, Tolmers Square. I was with my wife and child in the front room, when I heard screams of "Murder—Police—Help!" several times. I rushed downstairs to where the noise came from, and as I could not open the door I burst it open There was no light, and I called to my wife for one. She brought down a lamp, and I saw Mrs. Hackshaw sitting on the bed smothered in blood, and prisoner standing in his shirt smothered in blood. I said to my wife, "Help this woman outside." I called to the people in the house to get a policeman, and my wife attended to Mrs. Hackshaw, while I kept an eye on prisoner to see that he did not do any more damage. The police came in 20 minutes, and I assisted her down to the ambulance, and she was sent to the hospital. I went to prisoner who was changing his shirt. The policeman took him to the station, and I went with them. He looked very wild.
Cross-examined. The first time I saw prisoner's wife was when I burst the door open, and she was sitting on the bed.
By the Court. I have known prisoner two or three months He is not much class, and, I believe, does no work. I should not think he is right in his head. I previously went down on a disturbance between them, when prisoner was using foul language and threatening to murder his wife. I should think he drinks. I dont think his wife does. I have seen her go to business at six a.m. and come back at 7 45 and go out again at eight, and come back in the evening and work till 10 o'clock. She has worked a little morning and evening for a firm next door, and in the day time to Jay's, Regent Street.
Police-constable FRAN MORISH, 164 S. I was on duty in Hampstead Road on Saturday night, March 23, and was fetched to 23. Tolmers Square. On the landing I saw Mrs. Hackshaw in a chair, supported by Mr. and Mrs. Ray. She was bleeding very badly from cuts on the right arm and left hand. I told prisoner I should arrest him for cutting and wounding his wife. He made a statement to the effect that she was drunk. "I was in bed, and she came to me with a knife. I asked her how much money she had. We then had a struggle. I lost my temper, and took the knife away and cut at her arm I wiped the knife on my shirt and put it in a bucket." He
was sober, and partly dressed. She was very hysterical, and I thought she was drunk. She smelt very strong.
Dr. OWEN I was at the Temperance Hospital when Mrs. Hackshaw was admitted. She was conscious and rather hysterical. On the back of the right forearm there were three cuts—one deep and two superficial, the deep one cutting through the tendons of a finger. On the left thumb there was also a superficial cut. There were no other injuries on any other part of the body. The cuts were not dangerous to life, but the one through the tendons would interfere with the movements of the fingers and necessitated an operation. I should say that hand will never be as good as the other.
Dr. MORGAN, divisional surgeon of police. I saw prisoner at 2.30 a.m. on March 24. He was suffering from an incised wound on the left fore-finger (recent), also from a nervous condition. He had right hemiplegia—i.e., paralysis down the right side of the body of years previously. There were also signs of some degenerative lesion of the brain. The probability is that this condition was not due to effusion of blood, such as is usually looked for in apoplexy, but is rather the result of some degeneration due to a poison that may have occurred in early life.
Dr. OWEN, recalled. I saw the woman about an hour after her injuries. She smelt strongly of drink and was hysterical. It is rather difficult to separate the two conditions.
Prisoner (on oath). About 6.45 p.m. I went with a can to get some oil and stood in the road and waited about quarter of an hour. I went round to the public-house to look for her, but I had not a farthing.
Verdict, Guilty of wounding, with intent. Sentence, Three years' penal servitude.
BEFORE THE RECORDER.
(Thursday, May 30.)
SYER, Fred (29, bricklayer) , having received certain property, to wit, moneys on account of the Operative Bricklayers' Society, did fraudulently convert £19 13s. 4d., part thereof to his own use and benefit.
Mr. Harold Morris prosecuted; Mr. J. P. Grain defended.
JOHN BATCHELOR , 46, Southwark Bridge Road. I am general secretary and one of the trustees of the Operative Bricklayers' Society, which is a registered trades union; I produce copy of the rules and certificate from the Registrar General. On October 6, 1906, prisoner was appointed treasurer of the Commercial Road branch. The accounts are audited quarterly by two members of the branch. Prisoner's cash book to March 30, 1907, shows a balance of £26 8s. 10d.,
and at the audit on April 3 he only produced a balance of £6 15s. 6d., leaving a deficit of £19 13s. 4d. I received letter from prisoner as follows: "April 8, 1907—Will you please lay this letter before the executive committee asking them to grant me a little leniency and not prosecute me, as it will ruin me for the rest of my life. I can manage to pay you £5, and the rest as you think fit to let me. Trusting that this will meet with your sympathy, yours sincerely, H. Syer, jun.
Cross-examined. The prisoner's books are properly entered and properly kept—there was no falsification whatever. At the audit on January 3 there was a cash balance of £22 9s. 3d., which the prisoner produced. He would have received the greater part of that on the Saturday preceding the audit, as a great many members pay up then. Everything was in order and there was nothing improper in his having it in his possession. He had paid up his own subscription.
WALTER MASON HILL , 29, Friar Street, East Ham, bricklayer, and secretary of the Commercial Road branch. Prisoner was appointed treasurer of the branch on October 6, 1906, and was given the treasurer's books and a bag. He rendered a true account at the audit on January 3, 1907. I sent him notice of the audit on April 3, at 8 p.m., held at the Hayfield Tavern, Mile End Road. Prisoner did not attend, but his wife came with the bag and the books and £6 15s. 6d. I knew from my books, and also from his own, that the balance should have been £26 8s. 10d. He sent also two letters to me: "Dear Walter,—I cannot attend the audit to-night as I have not got the cash balance. I cannot see you to-night as I am too ill. I hope you will not try to see me. I will write to you to-morrow I have only £6 15s. 6d. left, but I hope to make it good next week.—Fred. You will find everything in he bag." The other letter is: "Dear Walter,—I lost my bag about three weeks ago containing about £11, and since then I have suffered something terrible, and rather than any more of it I had better be dead and out of the way. I hope you will try and do your best for me for old times sake—Fred." (To the Judge.) He told me nothing about the loss of the bag. There is a weekly meeting, and he would take home the money collected. If he had come and reported the loss of the bag the society might have given him time to pay. It would be gross carelessness. He is not bound to use the bag for the money: it is for the purpose of carrying the books. We have received nothing from the prisoner beyond the—6 15s. 6d.
Cross-examined. He had to pay moneys for sick and trade benefits out of the receipts. All payments and receipts are entered correctly by the prisoner. (To the Judge.) If £11 10s. was lost there is still £8 to be accounted for. There is no guarantee or insurance. (To Mr. Grain.) If convicted he may lose the benefits of his payments, which would be £2 a year, and he has been 11 years a member. He has not tendered the £5 to my knowledge.
JOHN BATCHELOR , recalled. I have not seen prisoner since his default until the police court proceedings. The executive committee ordered this prosecution. They considered whether they should bring it before the magistrate to be dealt with summarily, and decided not to do so.
FRED SYERS (prisoner, on oath). I am 29 years of age. I have been a member of the society 11 years, and have regularly subscribed about £2 a year. The only claim I should have on the society would be for sickness, and 1s. 6d. a day for travelling when out of employment. On Saturday, three weeks before the audit of April 3, I had been out with some friends, and hurried to the branch, when I discovered that I had lost the bag containing the gold, £11 10s. I had had a little to drink. I had great misfortune at home, with my wife ill just over a confinement, and I was out of work for seven weeks. I had to borrow money and to pay it back, and got deeper and deeper behind. I can only account for the £6 by saying I got further into debt by borrowing and borrowing. I cannot give any better explanation.
Two witnesses were called who gave prisoner an excellent character.
Verdict, Guilty, with a recommendation to mercy on account of prisoner's good character.
He was released on his own recognisances in £25, and £25 by one of his witnesses, to come up for judgment if called upon.
Mr. W. Clarke Hall and Mr. Frank Mathew prosecuted.
RICHARD MERTON BALL , 3, Pagnall Street, New Cross, printer. On April 26, at about 4.30 a.m., I was aroused from sleep by the breaking of glass. I looked out of my window and saw the prisoner leaving the shop of James Rose. He ran down the street and returned, tooks piece of glass out of the window, put it on one side, and took something from the window, which I saw was a piece of cloth, and ran down the street. He again returned, and while I was watching he deliberately leant across and broke the front window with a hammer. He then ran down the hill and came back with a policeman. I had dressed by then, and went over, when Mr. Rose had come out and prisoner was given in charge.
JOHN ROSE , 385, New Cross Road, Deptford. On April 26, at 4 30 a.m., I was aroused by a constable knocking at my side door and stating that the prisoner had broken my Windows. I came down and found two large panes of plate glass broken to the value of £40, a piece of cloth missing value 5s., and all the blocks in the window were out of order. The constable had the cloth in his hand. Prisoner was taken to the station, and tools produced were found upon him. The cloth was about 18 in. from the window.
Police-constable FRANCIS EDE, 702 R. On April 26 I was on duty in New Cross Road, Deptford. At about 4.30 a.m. prisoner accosted me and said, "I have broken two Windows in a shop up the road. I want to get back to prison again. I have taken some cloth and thrown it down some steps." I went with the prisoner to Rose's shop, 385, New Cross Road. On the way I found the cloth produced in the area of 23, Pagnall Street, about 50 yards from Rose's. I found the two Windows broken. I aroused Rose, who came down and identified the cloth. There was a piece of glass standing up inside the window. In response to my whistle, Sergeant Honeyburn came up.
Sergeant THOMAS HONEYBURN, 6 R R. I searched prisoner, and found a hammer, a glass cutter, a file, and a pair of gloves (produced).
Prisoner stated that the tools were what he used in his work as an engineer.
Prisoner was then charged with being found by night, having in his possession certain housebreaking implements, unlawfully, and without reasonable excuse.
The evidence of previous witnesses was repeated.
Verdict, Guilty. Prisoner confessed to being convicted of felony at Kingston-on-Thames on April 3, 1906, receiving six months for stealing jewellery and clothing. A number of convictions were proved for falsely representing himself to be a deserter and false attestation. He left prison after a three months' sentence for loitering on the day before his present offence.
Sentence, Five years' penal servitude.
Mr. Bohn prosecuted. Mr. Eustace Fulton defended Blewitt.
WILLIAM JOHN SANSON , Hill Side, Hockley, Essex, commission agent. I am 66 years of age. On March 26 I was passing under the railway arch in Dean Street, St. George's-in-the-East, when I was pounced upon by some men. One of them seized me from behind, put his arm round my neck and pulled me back; another passed his hand under my arm and seized my watch; the watch broke off at the swivel, and the chain only was taken. I was then pushed, and as I recovered myself I saw the men running away. They went down Dean Street towards Commercial Road and along Cheriton Street. They were two young men, one taller than the other, and wearing a blue serge coat. The chain was gold and was worth about 30s. to £2 I have been shaken and suffered pain.
Cross-examined. I am not able to identify either of the men. It was a dull and foggy day.
the prosecutor under the archway in Dean Street. Belton put his arm round prosecutor's neck and put his knee in his back; Blewitt then went in front and took the chain, which I saw in his hand. Prisoners then ran up Dean Street and Cheriton Street, when I lost sight of them. They ran right by me at three yards' distance, and I saw their faces. I have known Blewitt by sight and name for three years, and recognised him as he ran past me. I picked him out at the station, and then picked out Belton.
Cross-examined. I did not go to the station that day because my mother wanted me to go somewhere. When I went there I did not tell anyone it was Blewitt. He lives near me and I know him quite well. Police-constable Cridland came to my home on March 28 and took particulars. He asked me the names of the men who did this, and then I told him it was Blewitt. He knew that I knew because my little brother told prosecutor that I knew who did it. I did not tell my brother the name of the man. I picked him out of 14 men at the station.
Cross-examined by Belton. Wlien I identified you no one was there. I had picked Blewitt out before. I picked another man out before you first, and then as soon as I saw you I said, "That is the Nan." The other man was very much like you. The police did not say, "That is not him." I did pick out the wrong man first. You were the only one with brown boots on.
Sergeant EDWARD DERBY, N Division. I saw Perikins pick out the prisoners on two occasions. On May 4 he picked out Blewitt from 11 men. On May 9 he picked out Belton from about 13 men. The prisoners were charged and made no reply. Blewitt was arrested on May 1, and Belton on the evening of May 8.
Cross-examined. Perkins had not told me he knew Blewitt. The inspector arranged the men and sent an officer to bring the boy in, then told the boy what to do. Cridland went to the boy's house. I did not know that the boy knew Blewitt. Blewitt has never been charged with any offence. (To the Judge.) On May 4 Blewitt complained about the identification, and on the morning of the 9th Belton complained about the identification and accused Cridland of pointing him out to the witness. I have stated all that took place. It is the fact that Perkins picked out the wrong man first on the 9th; then the boy instantly corrected himself and said, "This is the man, not this one." Cridland was in the detective's office, and the boy was not near him.
To Belton. Cridland was in the detective's office. He was in the room where all the witnesses were before they came forward to identify you. I could not say how you knew Cridland was in the office. Cridland was not in the room where you and all the men were. All he had to do was to go and call the names of the various Persons to come into the inspector's room, and then the inspector told the people what to do, and then the boy came up and picked you out. The witnesses were called in one by one to identify, and as each came in and identified, or failed to do so, he was ordered to
stand in an other portion of the room. Before each one was brought in the prisoner was asked if he would like to shift his position.
Prisoners' statements before the magistrate. (Blewitt said, "I plead Not guilty." Belton said, "I was in Hamburg at the time."
At the suggestion of Mr. Fulton, Cridland was called by the Judge.
Detective CRIDLAND, cross-examined by Mr. Fulton. I went to Perkins' house on March 28, two days after the robbery. I said, "Did you see this robbery?" He said, "Yes, I did." I said, "Who did it?" I received instructions from the inspector that the younger brother of Perkins, seven years old, had stated that Perkins knew that Blewitt had done it. I heard that some other boys had said it was Blewitt. I just asked Perkins if he knew the man who had committed the robbery. He said, "Yes." I did not take his statement down at the time. I did not realise the importance of it. I did not think it important. It was not very foggy at the time of the robbery. I was close by half an hour before. I did not suggest to the boy that it was someone named Blewitt. I am quite sure of that. I simply asked the boy. He said it was a boy named Tom Blewitt. I said, "Would you know him again?" He said, "Yes." I said, "Would you knew the other man?"
THOMAS BLEWITT (prisoner, on oath). I have been selling newspapers for the last five years when out of other work. I know nothing about this robbery. I have never in my life been charged with any criminal offence.
Cross-examined. I was selling papers on March 28 in the neighbourhood of the robbery. I know the boy Perkins well, and he knows me. I run up and down that street 10 times at least every day with papers. I was not there with Belton, and I sell my papers by myself. I deny that I was running with Belton or in his company. I see the boy Perkins every day—he lives in my neighbourhood. I did not have any opportunity of changing my place when the boy identified me.
CHARLES BELTON (prisoner, on oath). I am a dock labourer. On March 9, in consequence of the strike, I went to Hamburg to unload vessels for the Hamburg-American line and I returned to England on March 28. I know nothing at all about this robbery on March 26.
Cross-examined. The foreman, Jack Dennis, and other witnesses are here to speak to my being at Hamburg. I did not hear the magistrate ask me if I would like to have the case put back for witnesses to be called, or I would have done so. There was a strike in Germany, and some dockers were taken from London. I went under the name of Charles Tilley. I happened to be in a little bit of trouble at Christmas, and a police officer knew me by the name of
Belton. I did not give the name of Tilling. I went out in the "Ophelia," and signed "C. Tilley." We slept in Hamburg on the Anchoria. I left Hamburg at 10 a.m. on March 26 and arrived at Grimsby on Thursday, March 28, at 2.30 a.m.
JOHN WILLIAM DENNIS , stevedore. Belton went to Hamburg with me from Blackwall Pier on March 9. I do not know what name he signed under. We reached Hamburg on Monday morning, March 11. I could not say how long Belton remained there. I had 5,000 or 6,000 men there. There was a strike and men were sent out. I had nothing to do with getting the men; I had the working of the men. I was sending men home just before March 28.
Cross-examined. I took 202 men over when Belton went—they are principally East London men; 70 or 80 came from Limehouse. Tickets might be handed from one man to another. I am certain I put the prisoner to work in Hamburg. I could not say how many days or weeks he was there.
Cross-examined. The foreman was Jack Dennis. Belton came on Saturday, March 9, and he loaded the same ship, the "Anchoria," which I was working on. I saw him on March 26 before I went to work on the ship we slept on. He left by the "Leicester." He went under the name of Tilley—he is Belton. I have known him for five years. I have no note or writing, but rely on my memory.
Verdict, both Not guilty.
BEFORE MR. JUSTICE BIGHAM.
(Friday, May 31.)
Sir C. Mathews and Mr. Arthur Gill prosecuted; Mr. W. B. Campbell defended.
Sergeant RICHARD CULLEN, Thames Police, 22, Metropolitan Office. I am stationed at Blackwall. On February 14 last I was on duty in a boat in Woolwich Reach when my attention was called to the body of a very young male child floating on the water. I took it out. I should say it had been in the water 14 or 15 days. It was fully dressed in a white calico dress, a white flannel gown, a white calico shirt, and a white calico roller and flannel binder (some articles produced). I took the body to the Greenwich mortuary, and handed it over to the keeper, John Birth. The child's nose looked very much flattened into the face. An inquest was held by Mr. Oswald on February 17, which I attended.
Cross-examined. I should say the age of the child was from seven to 14 days, which opinion I then formed. Some of the articles of dress which I handed to the mortuary keeper I have not seen since. These two articles I positively identify.
Re-examined. This is my occurrence book that I have been referring to. I made a note of the articles of clothing in it.
JOHN BIRT , mortuary keeper. On February 14 Cullen handed over to me the body of a male child which I placed in the mortuary. It was fully clothed. Cullen undressed it, and handed the clothes to me. I hung them up on the rack outside which I have for those things, and there they hung for over two months. These are two of the articles which were produced at the police court. The other articles consisted of a little roller or shirt, and napkin. They got mislaid in some way. The body remained in the mortuary till Dr. Tabb made the post-mortem examination on the 15th After the inquest the body was removed by the undertaker.
Cross-examined. Of course, I cannot swear to all the things, for they are very nearly all alike what they dress a child in.
Re-examined. It was from that child that these two articles of clothing were taken that have been produced. I may have got mixed as to the number of articles. I do not swear that the child had any napkin.
MARGARET BLACKFORD , New Compton Street. I am a single woman, and am 24. In 1903 I was book-keeper at an hotel in Margate, where I met prisoner, who is a French-Swiss. He was employed as chef. We left the hotel about the end of September, 1903, for London, and an intimacy was established between us, and from that time we lived as husband and wife in London and elsewhere. In London the first child was born, a girl, in July, 1904; the second, a boy, in November. 1905. The girl was put out to nurse at Eastbourne at so much a week, and the boy was afterwards put not to nurse at Crowhurst at so much a week. The support for the girl was paid to September, 1905, by prisoner. It has remained in charge of the person, and at her expense, since then. The support for the boy was also paid by prisoner, but only up to September last year, since which it has remained in the care of, and at the expense of, the person it was placed with. In September, 1906, the prisoner and I went to live together at 10, Liverpool Street, King's Cross, and passed as Mr. and Mrs. Berney. We were out of employment, and at that time I was, for the third time, pregnant, the prisoner being the father. He was angry with me because I was so. At the end of November we were without any means of livelihood, and I went out to meet gentlemen on the streets at the prisoner's instigation, and so lived up to January this year. On January 7 I was delivered of my third child at Liverpool Street at seven a.m. Prisoner was present, and also Mrs. Woodward, a fellow-lodger. No doctor was present at that time. I was not expecting it for about a fortnight. Prisoner wanted me to go to the French Hospital. I told him I could not take my baby to the
hospital because I understood if I took it there I must suckle it. I bad not suckled my owner two children, because, when I had my first baby, the doctor said he thought it advisable for me not to suckle it. Prisoner got a "Dalton's" newspaper to obtain a home for it. Prisoner said I ought to have gone to the hospital before and saved all the trouble. Prisoner said during the morning he did not care what became of the child as long as it went away. The doctor came after the birth. Later prisoner said he was taking the baby to Waterloo, where his brother's baby, by Victoriana Blanchard, with whom he lived, was (Mrs. Robinson's, 31, Fink Street, Westminster Bridge Road), and that they would receive me at the French Hospital. Victories came in the afternoon to see me, when the child was washed and dressed, and she went with prisoner from the house, taking the baby with them. I had not prepared clothes for the child, and prisoner borrowed some money and Mrs. Woodward bought tone clothes. That is the last time I saw the child. I taw prisoner later in the afternoon. I was not quite ready to go to the hospital, but went between six and seven with prisoner in a cab. I remained is from January 7 to January 17. I wrote to prisoner and received a reply, which I kept for a certain time in my writing case. After I left the hospital he got possession of the reply, which I believe he tore up. I asked him to leave the child for me to register. He told me he had taken the child to the country. We afterwards lived together again at 10, Liverpool Street. I asked him where the baby was. He said he had taken him into the country, and it was all right. I registered the child on February 1, giving the name of Reginald, when I believed the child was alive and well. We remained in Liverpool Street till about February 9, and then went to live at 74, Grafton Street, Tottenham Court Road, and remained about a month. We then went to 30, Hanway Street for about a week. About the middle of March we went to live at 22, York Head, Waterloo Road. On one occasion when I asked about the child he said, "Never you mind, you was't see him again; he is in the Thames." I said, "You don't mean it!" He said, "No; it is al' lies. He is all right." I afterwards again asked him where the child was, and he said, "Oh, he is in the Themes." I was not on the streets then. I remember his saying to me he did it, but gave me no further information. Eventually I told him that I would Have the matter cleared up. I think 'he said, "If you dare give me away, or say a word, your life is not safe." That was the last time I mentioned the child. I resumed my former life when in Hanway Street or Grafton Street. I had been living in Charlotte Street about a fortnight before I was arrested with prisoner. We were brought before the magistrate on Easter Monday, April I, when we were both discharged on the first case, but the prisoner was detained on another charge. Shortly afterwards, on a communication from the police, I made a statement to a police officer, which was taken down in writing by Inspector Stockley. There was no communication from me while in the hospital to the prisoner that the child
was to be taken from where it was to the country. I think when he found the letter in my desk he said, "That is just like you, to keep letters" I think there may have been one or two more with it.
Cross-examined. Prisoner was chef at the Imperial Hotel, Margate. I came from Margate to London. Prisoner worked at various pieces in London and elsewhere, but he did not get any employment in London at that time. He went alone to Birmingham, where he got employment. I went to Birmingham after him, and he kelpt me there. Later he went to Australia on board one of the P. and O. steamers. He sent me money. He has been on two occasions to Australia, and on one occasion to a hydro at Harrogate, and the Grand Hotel, Friniou, so he was in pretty constant employment down to September, 1906, on and off. He had work in 1907 on the railway dining-cars. His last employment as chief was at the Grand Hotel, Cromer. When we first went to Liverpool Street he had a little money left which he had saved. We came to the end of our resources towards the end of November, when I went on the street. He may have asked me to go home to my own people. When prisoner went to get a cab he got back first when the child was born. I do not know whether he had previously been to the hospital to make arrangements. I know it was his intention that the child should be born in the hospital. I was not unwilling to go to the hospital, but I could not get there. Victoriana Blanoharde was quite friendly with me, so I did not expect any difficulty in making inquiries about the child. I asked her the address, but she could not tell me. She knew the child was taken there, because she took it The prisoner took me to the hospital later in the afternoon and helped me on with my boots. He lifted me into the cab. I know it is contrary to the rules of the maternity department for any man, even husbands, to come and see women. I know he called. I registered the child because I had registered the other two and thought it best I was distressed when he said the child was in the Thames. After he told me it was in the Thames, and that he did it, he told me that I must cease talking about it, and that if I said anything to anybody my life would not be safe. I did not go to Mrs. Robinson to make inquiries. I did not know her name or address.
Re-examined. I do not know how long it was after I came out of the hospital that I asked Victoriana about the child. I also remember asking prisoner's brother, Marius. Prisoner simply said it was in the country, and made no other answer.
DR. FREDERICK CLARKE , M. R. C.S., L.S.A. Prisoner fetched me to 10, Liverpool Street, on January 7, between six and seven a.m. in a cab. When I got there the child was born. I did What was necessary, and left. The child was well nourished and normal in every respect. I called again the tame day or following morning, and found mother and child gone. I spoke to Dr. O'Donnell, for whom I was locum tenants, after which a police constable came to me and took my statement. I did not notice any peculiarity about the child's nose
Cross-examined. It was an ordinary delivery, and no complications. Newly-born children do not have much note. I do not think it was born blind. Children's eyes are not open when born. They could open them, but seldom do. I cannot say whether or no it was born blind. Accidental suffocation, of course, occurs with children and adults. Over-lying is not an uncommon cause with children. It nay be that "Death in such circumstances"—(carrying a child with its mouth covered with clothing)—"may take place without being preceded by convulsions or any other striking symptoms." Dr. Taylor's "Medical Jurisprudence" is regarded as a high medical authority. I agree that, "If the mouth be only slightly compressed, so that respiration is interrupted, as in the act of carrying a child in the arms, that will suffice to cause death"
MAUD WOODWARD , wife of Joseph Woodward, 10, Liverpool Street, King's Cross. In September, 1906, prisoner and Margaret Blackford lodged in our house. Prisoner went in a cab for the doctor on January 7. Prisoner a poke rather harshly to her, and said if she bad gone to the hospital beforehand it would have prevented all the trouble. I asked her why she did not take the child to the hospital with her. She said she could not because they would make her suckle it, and it would drive her mad. She said he must take it away, sad she did not care what became of it. I said, "Ha cannot take the child away with no money" She said, "He mutt get it from his people, where he has got it before." He then asked me if I would mind the baby for one night for 5s., and I could have the 5s. there and then. I told him my husband would not allow me to do so. Prisoner said she must go to the hospital to get proper food after the trouble was over, as he was not in a position to give it her. He went out and came back with some money, and said if he could get the child washed and clothed he could take it away to be nursed, as he had got a place. I told him I would wash the child and go and buy some clothes. Mrs. Berney said, "There is the money on there." There were four shillings on the dressing table. I took part of it, and told prisoner I would wait for the rest till he was better off. I bought some clothes at Terry's, in the Caledonian Road—amongst them this gown—a piece of flannel for a binder, and white shirt. I skied the landlady for a piece of linen for a linen binder. Prisoner bought a black woollen shawl and napkins which he said came from Victoriana, and a piece of linen. There was also a little silk shawl Med for the baby which Mrs. Berney had by her. I dressed the child in the things. Prisoner asked me to buy a bottle. I told him he had better let the nurse get it where the child was going to, as she knew what kind to get I asked him where it was going, and he told me to a place at Battersea, where he would have to pay 7s. 6d. a week for it, where Victorine had a baby previously nursed. Victorine and prisoner took the child away. He returned about 630 or seven and took Mrs. Berney (Miss Blackford) to the hospital. I saw prisoner the next morning at the house, but not after, till he
brought Miss Blackford back from the hospital on January 18, when she told me he bought food for her and cooked it. He was then supposed to be working on the Great Northern Railway. Prisoner did not tell me anything about the child.
Cross-examined. I was called early to Mrs. Berney on January 7 and went to help her. Prisoner went for a cab and for Dr. O'Donnell, but Dr. Clarke came. Prisoner said several times after the child was born that the mother ought to have gone to the hospital. The doctor would not let her be removed for some hours. She did not want to take the child because of having to suckle it. Some women suffer a good deal from that. Prisoner told me he had found a place for the child where his sister-in-law's child, as he called her, was. He got to work on the railway after he came back on the 18th. Beyond being irritated at the mother not having gone to the hospital or taking the child with her then, he appeared to be doing all he could for her. I am sure those are two of the garments I bought. They are cheap and told by thousands. The only thing I hesitated about when I saw them was their colour. The river may have done that. There are very few gowns that are the same. I first saw them in April after the occurrence.
MARY ROBINSON , 31, Finck Street, Westminster Bridge Road, wife of Frederick William Robinson. Prisoner came to me on January 7, about 12 o'clock, which was the first time I had seen him. He asked me if I would mind the baby for a few days, because his wife was in hospital. He spoke of my having his brother's baby. He said the infant was three weeks old. I said I should have to ask my husband first. I did so, and told him to bring it when he liked. He was to pay me the same a a his brother did—7s. a week. He said, "All right," and he came with it about four o'clock. It was wrapped in a black shawl, with a white silk wrap. He brought a sanitary bottle for the baby. He paid me 7s. for the first week. I examined the baby, and (bought it very funny to say it was a few weeks old. I thought it was only a few hours. The baby seemed quite well and fully developed. On the evening of the 14th he came again between seven and eight and said the mother was going to take the baby into Devonshire that night with the other two children. He said if the mother were not able to travel that night would I have the baby back. I said, "Certainly." Prisoner came downstairs where the child was, and I placed a black shawl over its nightdress and a blanket. It had on a flannelette gown, a shirt, and two napkins, a flannel binder, and a white binder. Prisoner took away the white silk shawl the first time he brought the baby. I asked him if he would take the napkins and the bottle. He said, "I do not want the napkins; you' can keep those, and I do not want the bottle." I said "You had better take the baby's bottle, as the mother may not have one to-night." I emptied the bottle and placed it in his coat pocket. I kept the napkins. I took the baby to the top of the steps, and he placed it under his overcoat and he went away. The baby was quite well when I gave it up. That is the last time I saw
the child alive. About a fortnight after prisoner called again. I asked him how the baby was, and he said it was going on all right. He came again on January 30, and I asked him how the baby was, sad he gave me the same answer. He came on a further occasion and saw my husband. I do not think the baby was mentioned. On one occasion I said, "You made a mistake about the baby. You said it was three weeks old?" He said, "No; I said three days." I said, "No, you did not; if you had said 'three days' I would not have taken the baby."
Cross-examined. I would not have taken he responsibility. He did not say his wife was going to the hospital, but was in. Seven shilling's a week is not much to charge by the time you buy its food. I did not know he wise hard up. I have heard of babies being nursed at 5s. a week. It was given its feeding bottle every two hours. When he came for the child it had not finished its bottle. I offered his the bottle with the milk in it, when he said, "I do not want it." I did not understand him to mean that he did not want the milk. He seemed a nice man, could handle the baby all right, and appeared to be very fond of my children. When he placed the child under his coat, I said, "Don't smother the child." He said, "I don't care as long as it doesn't cry." I do not think he had any intention of smothering it.
ALICE MURPHY , sister in Maternity Ward, French Hospital, Shaftesbury Avenue. At about 7.30 am. on January 7 prisoner came and asked me if I had a vacant bed for his wife. He afterwards brought her to the hospital. There wee no baby. She remained in the ward till January 18.
Cross-examined. I cannot say if prisoner had been to the hospital before January 7. They go to the dispensary first to know if they can be admitted to the patients' department. I did not ask prisoner if the woman was French. He told me his wife had been delivered. He went for a cab. He left me under the impression that he would bring both the mother and the child. He carried the woman to the Maternity Ward with a porter. He carried her with apparent kindness and gentleness. He came to see her while there; but no visitors aro allowed in the maternity wards without special permission. He called more than once. She made a good recovery. Some women suffer a good deal for a day at two when they nurse their children. It is the rule of the hospital that they shall suckle their children, unless the doctor thinks otherwise.
VICTORINE BLANCHARDE , 8, High Street, Bloomabury. I live with Marius Berney, prisoner's brother, through whom I got to know prisoner and Margaret Blackford. On January 7 I went to Liverpool Street and saw the woman and baby in bed. The baby seemed well and strong. That afternoon, at the request of prisoner, I went with him and carried the baby to 31, Finck Street, where my baby has been. I waited outside for prisoner, who took the baby in. He told me he left it there to nurse. I never saw it again.
Cross-examined. Prisoner was very poor in January, and was borrowing money from his brother to provide for the doctor and his wife's confinement, also clothes for the baby. He also borrowed of Mr. Veillard. He is a chef. I know he was trying to get employment.
MARIUS BERNEY , chef. I am prisoner': brother, and live with Victorine. The day the child was born prisoner name to me at the Charing Cross Hotel and asked me to lend him some money to; say the doctor. I lent him 3s. He said Margaret had a baby.
By the Court. It is not very difficult for a chef to get a situation in London. I saw prisoner the week after in Oxford Street, and said, "How is the baby?" He said, "It is all right. I shall soon chuck him away." We talked French. I said, "If I understand you I shall go straight to the police station." He said nothing. I afterwards went to the police and made a statement.
Cross-examined. I did so because a detective came and fetched my wife. She sent me a telegram to the hotel that my brother was in prison. Mrs. Robinson nursed a child of mine. I was locked up for six weeks for fighting a man in Soho Square, who insulted my wife at the time I gave my evidence in this case. I did not know prisoner was taking the child to be nursed at the same place as mine. It was about a week after he took the child that I met him in Oxford Street. I did not think my brother meant what he said about throwing the baby away. I had had a fight with my brother about playing billiards.
Re-examined. When I went with my wife to the police station the inspector said, "I do not want you now; I want your wife"; and when I went with my wife she spoke to the detective. I think that was about April 9.
By the Court. When prisoner came to me on January 7, and borrowed 3s., I had not seen him for about a month. I had no quarrel within my brother between January 7 and 14. When I had a fight with him it was in Fleet Street, after January 14, I think. It was about scoring at billiards. He punched my nose in the cafe, and we went outside and bad a fight in the street. I was taken away by the police. I was bailed in £5.
GUSTAV OCTAVE VEILLARD , chef, Dean Street, Soho. I have known prisoner for some time. In January last I was lodging at 3, Soho Street. Prisoner came to me early on the 7th and told me his wife had just given birth to a child and asked me to help him. I lent him 15s. I saw him a day or two after in the street. He said he had no more money, and asked me if they had a room where I was. He said he had taken his wife to the hospital and put the child to nurse somewhere at Waterloo Bridge. They had not another room, and I asked him if he would come in with me, which he did until January 18.
Cross-examined. I am not married. Prisoner was very hard up I lent him another 1s. 6d. If he had to pay 7s. for the child on
January 14 he would be "up tree." I saw him on the 15th, when he said he had not got any work He was looking for it. At that time it was hard to get a job. Any suggestion that he was out of sheer laziness living on the shame of the woman he was living with is, in my opinion, without foundation.
Re-examined. Prisoner asked me for more money, but I could not do it.
JOHN FREDERICK TABB , Divisional Surgeon of Police, M.R.C.S., L.A.H., Trafalgar Road, Greenwich. I made a post-mortem examination of the child on February 15 at Greenwich Mortuary. I saw the body on the 14th, when taken out of the river. I thought it had been in the water about 14 days at least. The outside time, I should sav would be a month or six weeks. It is impossible to say, especially at that time of the year. It was in good condition—the nose was flattened, but not extraordinarily, otherwise there was no external injury. I came to the conclusion, from appearances, that the child had died from asphyxia before being placed in the water. There were no signs of disease. An inquest was held on the 16th, at which I gave evidence. I took out the right eye. In cases of asphyxia the eyes are very prominent and half closed. The cornea was so lacerated that I did not know if the child had suffered from inflammation and become blind at the time of birth. That was simply to be able to trace the child. I came to the conclusion that the laceration was due to the action of the water and not to its being born blind. I opened up the knee-joint to ascertain if it was a full-time child and found it was by the ossification of the femur. On April 27 the body was exhumed at Greenwich Cemetery. I saw it taken from the coffin and identified it. The knee-joint was opened up and the right eye absent.
Cross-examined. Accidents by suffocation can easily occur, and "death may occur without convulsions or any other striking symptom." I think it is said to take about four minutes where there is a complete blockage of air. I believe that is stated in a medical work lately published. I forget the name of it. I have no experience of it.
(Saturday, June 1.)
DAVID DENNISON , assistant to Mary Wall, undertaker, Greenwich, said that he received the body of the child from the mortuary on the evening of the inquest. He saw the body buried on February 19. On April 27 he was present at the exhumation of the body.
Detective-inspector DAVID STOCKLEY, E Division. On April 4 I saw Margaret (Blackford at Bow Street Police Station and took a statement from her. On April 10 I saw prisoner at the same station. He was not then in custody; he had been charged with assault, and was on bail. On May 16 I went to him in Pentonville Prison. I told him who I was, and that he was about to be taken to Westminster Police Court, where a charge of a very serious nature would be preferred against him. I said that before telling him what it was, I
wanted to warn him that whatever he might say to me would be repeated to the magistrate. He said he understood that. I then said he would be charged with having, on January 14, wilfully murdered a male child, said to be his own boy. He made no reply. When formally charged at the police court he said, "Have I to remark anything here?" I said, "Not unless you wish to." He said nothing more.
Cross-examined. I did not mention to him the mode in which, he was alleged to have murdered the child. Before the magistrate, the usual long statutory caution was read to him. He did ask the magistrate "whether he could be granted the service of a poor man's lawyer." The magistrate told him that at the trial the Court would see that he was provided with solicitor and counsel.
PRISONER (not on oath). A week after I had taken the baby from Mrs. Robinson I could not afford to do more than pay 7s. a week. I therefore took the baby away to take it to be nursed somewhere where I could do it at 5s. a week. I told Mrs. Robinson my wife was going to take it away. As I was not certain whether the people would take it, I asked Mrs. Robinson whether she would take it back if necessary, and I made a different excuse, saying that, as my wife was not very well, would she, take it back. I had no intention whatever of hurting the child under any circumstances. When I got a little way from Finck Street (I was going to 22, New Street, Kennington), the child began to cry, so I put the shawl over its face and turned its face towards my body, so that people should not notice my carrying the child. When I got near the top of Kennington Road I did not feel the child move at all. I just looked at it; it was quite still and looked pale, so I moved its arm and shook the baby, and I began to tremble. I knew something was wrong, and I really became dazzled. I did not know what I was doing. I waited for some time, and came to the conclusion that the child was deed. Then, after that, I really do not remember what I did. I think I was really out of my senses for about two hours, and I do not remember what happened. I walked up and down in the road.
Verdict, Guilty. Prisoner recommended to mercy on the ground of his extreme poverty.Sentence, Death.
BEFORE THE RECORDER.
(Friday, May 31.)
SMITH, John (31 waiter) ; burglary in the dwelling-house situate at 21. Norfolk Street, and stealing therein 18 gold and enamel snuffboxes and other articles, the property of Charles Wertheimer, and feloniously receiving same; CRESCENTI, Santa (42, antique dealer), feloniously receiving two enameled and gold snuff-boxes and two miniatures, the property of Charles Wertheimer, well knowing them to have been stolen.
Mr. C. F. Gill, K.C., and Mr. P. M. Beachcroft prosecuted. Mr. Huntly Jenkins appeared for Smith; Mr. W. H. Thorne defended Crescenti.
Before the pleas were taken Mr. Huntly Jenkins asked for an adjournment to next Sessions, as Smith desired to make a further statement of the utmost importance to the prosecution.
Mr. Muir objected. The Recorder ordered the pleas to be taken. Smith then pleaded guilty, and Crescenti not guilty. The Recorder directed Detective Fowler to take any statement that Smith desired to make; the trial of Crescenti proceeded.
ARTHUR WILLIAM STONE , 21, Norfolk Street, Strand, butler to Charles Wertheimer. At 11.30 p.m., on February 11, I secured the windows and doors, and went to bed in the basement. At 5.50 a.m. I was aroused by the burglar alarm bell which is attached to the doors and windows on the ground floor of my master's house. I partially dressed and went upstairs and found the front door standing open. The opening of the door had caused the bell to ring. I went out but could see no one. It was rather dark and foggy. I then went upstairs to the smoking-room on the first floor and found the shelves fleered of the snuff-boxes, which were kept there in a glass case; looked in the drawing-room, and found that two oil-paintings had been cut from the frames. I then aroused Mr. Wertheimer, and communicated with Mr. Berry, who takes charge of the treasures in the house, by a messenger call.
WILLIAM CHARLES , Manchester Street, custodian of the treasures in C. Wertheimer's house. At six p.m., on February 11, the valuable articles under my charge were all safe. At 5.55 am., on February 12, I was sent for, and found that the house had been broken into by opening a window leading from the balcony into the smoking-room. The catch of the window had been forced back, apparently by a knife, which I found in the smoking-room. I also found a piece of candle on the floor, two finger stalls, and a small box of menthol snuff. Eighteen snuff boxes, two miniatures, a scent flagon and watch, and a small etui were taken from a glass case in the smoking-room. In the drawing-room on the same floor two oil-paintings had been cut from the frames. The doors and windows in the ground floor and basement were fitted with burglar alarms; unfortunately there were none in the upper part of the house. Outside the smoking-room window there were plants on the portico and berries from the window boxes were in the room. The thief could easily climb on to the portico by two rainwater pipes. The police were at once communicated with, and a full description of the missing property was as widely circulated as possible. By 10 am. a list
was made, and on the first day some 30 or 40 newspaper correspondents were furnished with it, and with photographs of the pictures, miniatures, and snuff-boxes. Through Sergeant Ebb age I got into communication with the prisoner Smith on May 7. He was arrested on May 7 with four snuff-boxes in his possession, which I identified. On May 8, with Inspector Fowler and other officers. I went to a private house, No. 7, Percy Street, Tottenham Court Road. Two officers went in, and after a short time I was called in and went to the first-floor back room. The room was poorly furnished with two beds, and a lot of pictures and boxes about. In the corner was a large trunk which had been opened, and I was shown two miniatures and two snuff boxes, produced, which I identify as the property of Mr. Wertheimer. The miniatures were set in diamond frames, which had been removed. I have put the snuff boxes in cases for safety They cost about £200 each. The two miniatures cost about £500 each. They might sell at Christie's for much larger sums. I produce cuttings from the newspapers showing engravings representing the stolen property. The snuff boxes came from, the celebrated Hawkins Collection.
Cross-examined. The prices fetched at Christie's depend to some extent on the collection the articles come from and the buyers who happen to be present. I put the value of the four articles at £,400, as they are without the diamond frames. They are undoubtedly very fine original works of art, and anyone at all in the art world would know they are very fine and valuable. I do not say any dealer in antiques would put the value on them as I have done. It requires an expert to put the exact value. I communicated photographs and descriptions both to the police and the press; lists were in the evening papers, and the next morning reproductions of the photographs were in the morning papers. A reward of £1,000 was offered, and published at all police stations.
Re-examined. I furnished the Press with a list of even article separately described, and a full description of the four articles in question appeared in the "Daily Telegraph."
Sergeant CLARK, C Division. On May 20, at 8 a.m., with Inspector Bower, I went to 7, Percy Street, and found Crescenti in bed in the first-floor back room. I told him that we were police officers and that I held a warrant for his arrest, and read the warrant charging him with feloniously receiving two enamelled gold snuff boxes and two miniatures value £2,000, the property of Charles Wertheimer He said, "I bought them when I was ill; I gave £34 for them. I borrowed £20 from a friend of mine, the manager of the 'Percy Hotel'—£11 the day I bought the boxes and £9 afterwards. The other £14 was my own money." Inspector Bower said, "The man who sold them to you said that you gave him £10 for them," He said, "That is not right; I gave him £30 in money—gold. The value was exaggerated." I had said nothing about the value of the articles except what was mentioned in the warrant. He said, "The
value of the articles is exaggerated; it is fabulous. The miniatures were surrounded with valuable stones, but I did not have them in the frames. I have known Mr. Wertheimer for a good many years. His father was a short man with a big head, and if I had known that the things had been Mr. Wertheimer's I should have taken them back to him at once." He did not mention whom he had got them from. He was then taken to Marlborough Street Police Station, and after being charged he said, "I do not know anything about it I was keeping them like a pawnbroker, waiting for the man to bring the money and take them away. I would not buy them." He described himself when charged as a dealer in antiques. I found card produced with a number of others in his pocket-book; "S. Crescenti, antiquary, 7, Percy Street, Tottenham Court Road.
Cross-examined. The prisoner said, "I bought them when I was ill," not "I got them." I took a note in the room: "I gave £34 for them when I was ill." That is what he said and what I said before the magistrate; I read it then from my book. He did not say that he bad had these things handed to him by a man of the name of Phillips nor give Phillips' address. This is the first time I have heard the name. I read the entire warrant to the prisoner.
Re-examined. I had said nothing about the miniatures being surrounded with diamonds. At the moment I did not know that these were the two identical miniatures (To the Judge.) They had been described in the Press as being "two miniatures in diamond-bordered frames." The nearest police station to 7, Percy Street is in Euston Road, about 150 to 200 yards away. Reward bills were shown there, and were shown in many shop windows.
Inspector HENRY FOWLER, W Division. On May 8, when Smith was in custody, I received a communication, went to 7, Percy Street with Inspector Bower, and knocked at the back room on first floor. He door was opened by prisoners son. We searched the room and found a large trunk, which, was locked. The son took some keys from the mantelshelf and unlocked it. There were a few odds and ends, and at the bottom, under some paper, were the two snuff boxes and two miniatures produced in the condition they now are, wrapped in paper. Mr. Berry was then sent for and identified the property.
Detective-Sergeant ROBERT EBBAGE, W Division. I was actively engaged in this matter, and obtained information which resulted in the arrest of Smith on May 7. On May 8, while bringing him from Brixton to Marlborough Street, he made a statement giving me the name, address, and description of a man, which I communicated to Inspectors Fowler and Bower, and they then visited 7, Percy Street.
card (produced). My father and grandfather have been in the same business. I deal in antiques, and buy and sell on commission. (To the Recorder.) I have been at a university, and was educated partly in Rome and partly in Paris. I have seen the Louver many time, and many other collections in Rome, Paris, and London. I have visited different museums and art galleries. I have dealt in bronzes, pictures, marble, everything. I am not a specialist. I know very little about coins. I know a little about snuff-boxes; I am not an authority. (To Mr. Thorne.) I had a shock in January from a fall from a 'bus; since then I have been very ill, and three months in bed. About 1 1/2 or two months ago, about Easter time, a little dark man offered me these four things for sale at my room in Percy Street. He spoke French and English, and I believe was a German-Swiss. It was not the prisoner Smith; I do not know him. The articles ware in the same condition as they are now. I at once saw they were valuable—good, but not extraordinary. I asked his name and address, and he told me he was Henry Phillips, 13, Great Russell Street. I had met him once or twice in auction rooms. He asked me £400, and then came down to £300. I told him I was not able to buy them at the present moment, that the price was rather high, and he reduced the price to £300 for me to sell on commission; he would give me 10 per cent., and I was to pay him £270. I was acting simply as intermediary. He did not leave the goods with me that day, and came again the next day. I asked him where they came from. He sand they belonged to some private people, who wanted to sell them. He asked me for an advance of £50; I advanced him £34, and he left the goods. I borrowed £20 from the proprietor of the Percy Restaurant, Signor Cache. Phillips called afterwards for the rest of the £50, which I refused. I began to be suspicious of the man. I had no idea when the goods were brought to me that they were the precedes of a burglary. I was very ill at this, time, and was three weeks in bed. I recovered £40 from the Omnibus Company. I had no knowledge at that time of the Wertheimer robbery. I was at the seaside for my health, and then I read about it. When I came back my son communicated with me, and I was just writing a letter to Mr. Wertheimer to give him satisfaction, when I was arrested. When I returned I learnt of the Wertheimer robbery—I had read the papers at the seaside. I was astonished at my arrest. I then said I had given the man who brought me these things £34, and as I had not succeeded in selling them I had asked him to give me the money back. I did not say I had bought the goods; the sergeant if mistaken. It was "got." I was suspicious when I read the news-paper. I said the miniatures were surrounded with valuable stones—of course, I read the description, and saw the prints in the paper I said I had known Mr. Wertheimer, and if I had known the things were his I should have taken them to him at once. At the police station I said I was keeping the things like a pawnbroker waiting
for him to bring the money and take them away. That was in fact what I was doing, because I did not succeed in selling them. I was not very agitated when arrested. I gave my explanation at once. I gave the name and address of Phillips, both at my house and at the police station. The officer is mistaken in saying I did not.
Cross-examined. I had one room on second floor. That has been my place of business for five years, since I left New Bond Street. I had never had any business transaction before with Phillips. He came at five or six p.m. quite unexpectedly, and produced the four articles for which he wanted £400. He found me, and came to me as other people do to sell things. I buy things every day. He did not tell me the name of the owner. I offered them to Mr. Grille, 19, Upper Woburn Place—my banker—to Cesari. I buy from them and they buy from me. Sometimes they want £20 or £40., and they call upon me; if I want money I call on them. I went with Cesari to Cache, and said that I wanted some money to get some things out of pawn as the time was running out. I frequently go on the Continent—Paris, Brussels, Boulogne, Antwerp, Edinburgh. In every place you can change and sell goods. I told my son I was going abroad. I often go to the Continent on business. I knew of the robbery two or three days before my arrest, when I was coming to London—my son communicated to me that the' police had come and taken away the things, but I read about the robbery eight or 10 days before I left Southsea. I went away on May 4, and said I was going to Naples. I could not tell you the day exactly. I was going to Naples, but my banker sent me a telegram, and so I stayed in England. I did not go because my business prevented me. I never saw the prisoner. I say the prints of miniatures are not like the originals—they look different out of the frames. When I got the money to give to Phillips I left with Cecchi four pictures and my watch and chain. I said I wanted to get my bronzes out of pawn; I did not say anything about wanting the money for rent—I may have said that—I was short. I left the articles at home when I went to Southsea.
Verdict, Crescenti, Guilty.
Smith was proved to have been sentenced to three years' penal servitude for forgery at this Court of May 29, 1899, after two previous convictions for burglary. Crescenti was stated to have been twice warned at Clerkenwell Sessions with regard to the possession of stolen goods.
Sentence, Smith, Seven years' penal servitude; Crescenti, Five years' penal servitude.
BEFORE JUDGE RENTOUL.
(Friday, May 31.)
Mr. Clarke Hall prosecuted.
Prisoner was caretaker of St. Johns, Upper Holloway, and the churchwarden and superintendent of the Sunday School gave him a good character. He was convicted of a similar offence in 1891, and sentenced to 20 months' imprisonment.
Verdict, Guilty, with recommendation to mercy. Sentence, 12 months' hard labour.
Judge Rentoul said that with a man like prisoner he always had the greatest possible sympathy, regarding him as the victim of a disease—like the habit of the confirmed drunkard—which seized upon him in an irresistible way.
Mr. Clarke Hall prosecuted.
Judge Rentoul considered the case would be met by binding prisoner over in £10 to come up for judgment if called upon.
Mr. W. G. Rooth prosecuted; Mr. Francis Watt and Mr. Aubrey Davies defended.
MAY GODFREY . Prisoner is my husband. We live in Crondall street, Hoxton. On May 9, at half past eight or quarter to nine, in the evening, I was in Bacchus Walk, near where my mother lives, looking for my little boy. As I was turning into Bacchus Walk my husband flew out of the urinal and took me unawares. He gave me a dig and I went down, and when I was down he gave me three more digs. I was not unconscious, but I felt pains. I never saw him after the fourth dig. I was able to get up by myself. I felt giddy, and found I was saturated with blood. I struggled to mother's, and she took me to the doctor's. The doctor, however, said he could have nothing to do with the case. A constable was sent for, and I was taken to the hospital, where my wounds were dressed; I was able to leave the same evening. The knife (produced) belongs to me. It is a kitchen knife. I use it for chopping wood. It is very blunt, and you could not cut a slice of bread with it.
Cross-examined. Prisoner Has been a good husband to me. We have been married seven years come Christmas. I have three children. I have had four, but lost the first baby when it was 11 months old. As to whether I have not altogether been a good wife to my husband, It is true that when he was in hospital I got mixed up with a bad' set of women, with whom I used to go and drink, but they had more out of me than ever I had out of them. They were women I used to pay to look after my children when I was at work. It is the fact that during the four months that he was in hospital I never
took him any clean linen. It is not the fact that when he came out he stayed away from work to nurse the children. He stayed away one day. That was because we had a row in the morning, and I was frightened to go back. It is true that I pawned the bedclothes, but I used to get them out on Saturday. It is not true that I spent the money in drink. I have been out and seen people I knew and treated them, but I have not pawned things to do that. It is not the case that on the very day when the assault was committed when prisoner came back from work the house was uncleaned and there was nothing to eat. I had done the house up and got his dinner ready. The assault was not committed on that account. I had really lost my little boy, but fie strolled back; I did not think he knew the way. It was not a pretence to get out that I said I had lost him. It is not the case that may husband had frequently to fetch me home from the public-house. Once he found me drinking with mother and once with two women at Hoxton. This was just before the assault, one night after the other. My husband spoke to me about my running about into public-houses and not minding my children. On one occasion I had borrowed a shilling in the morning sod went to pay it back, as I had promised the woman I would. That was because he would not leave me any money. It is true that on one occasion I sot drunk and did not come home all night. I had been drinking, and did not come home because I was frightened to. It would be very difficult to cut anything with this knife. The wounds bled terribly. I was able to walk away without assistance, bat I really do not know how I done it. I had to sit on the doorsteps as I went along and wait awhile. It is about five minutes' walk to my mother's. The police fetched an ambulance, but I would not go on it. After the wounds were dressed I wanted to go home to mother's, but the constable said I must go to the station. I did not want to charge the accused. I went to the hospital only two or three times after that. My wounds are quite healed now. They did not tell me I was not to go again. I did not think it necessary to go again.
CYRIL HERBERT ILOTT , assistant surgeon at the Metropolitan Hospital I did not examine Mrs. Godfrey when she was brought in, but I saw her the next day. She had four cuts—one on the left shoulder, one on the left side of the neck, one on the left cheek, and one on the right wrist. The wounds might have been inflicted with the knife produced. I could not tell the depth of the wounds. The knife being so blunt I think force must have been used to break the skin. The wound in the neck was dangerous, being near the jugular vein.
Police-constable ALFRED BRATT. 251 G, deposed to finding the knife in Bacchus Walk on May 10, lying against the wall by the side of the urinal. It was taken to the station and identified by prosecutrix.
Sergeant RANDALL HODSON, G Division. On May 14, at 10 o'clock in the morning, prisoner surrendered at Old Street, Shoreditch, there
being a warrant for his apprehension. I read the warrant, which charged him with unlawfully and maliciously wounding. In reply he said, "She has brought this on herself. She has been continually drinking, and has neglected her home and myself."
To Mr. Watts. Prisoner is a respectable hard-working man, and as far as I know, has never been charged with any offence of dishonesty or violence. He is a master man, working in partnership with his brother as a French polisher.
THOMAS GODFREY (prisoner, on oath). I have been married seven years last Christmas. The conduct of my wife has lately been very unsatisfactory by reason of her drunken habits, staying out and neglecting her children. It is 10 weeks since I came out of hospital. My wife used to visit me. Sometimes she brought me two or three eggs, sometimes nothing, but she never brought me any clean linen. She was drawing 17s. a week from my sick society, the Ancient Order of Druids. Before I came out of hospital I told her we would move next week, but, so far from moving, when I got home I found a bark room with nothing in it and the children neglected. She pawned things occasionally. She pawned all the clothes that were left on the bed before I went away. I had on many occasions to go and search for her. Night after night I found her in the public-house. I do not know who the women were she went with. Sometimes she came home at night and sometimes she stopped out. I can prove that on April 5, which was her birthday, she went out, got drunk, and stayed out all night. Some days I had to stop at home to look after the children. On the night that this affair occurred, it was half-past eight when I got home. I found there was nobody at home—no fire, no light, no supper. I saw my landlady standing at the door. She said, "There is your little Billy crying in the street." That is the child that was supposed to be lost. I did not go out with the intention of hurting my wife. I only intended to frighten her for her own good. I pushed the knife against her. There was a sort of a struggle and she fell to the ground. I have never been charged with any offence of violence or any offence imputing dishonesty. Except when I am detained at home by doing domestic duties I go to work every day. I have kept my wife supplied with sufficient money. I gave my wife 31s. the week before this occurred and bought her a new pair of boots, which she pawned the day after.
Cross-examined. It occurred to me three years ago that my wife was treating me badly. I have asked her to be better day after day. I treated her more kindly in the hope that she would turn and become better and look after her home. I cannot tell why I took the knife out; I have not any idea at all. I was sober when I came home on the night of May 9. The knife was generally on the kitchen table. I remember taking up the knife. The reason I suggest for
taking the knife was that I might frighten her. I did not think I should use it. I had never before taken it to frighten her. When I sprang from the urinal the knife was in my inside coat pocket. I suggest that I pushed her to the ground with my hands. I took the knife out afterwards. I do not know what I did at the time; I was overcome. I do not deny that I stabbed her four times; I was in such a fit I did not know what I did. I remember starting to assault her, but I do not remember the finish. I heard of the warrant from my brother the next day. When I walked away my wife had got up. I saw no blood. I do not know what I did with the knife.
Re-examined. I did not intend to do any harm at all. I intended to frighten her. I had not been in the habit of striking her. I had never used the knife to her on any occasion. I had not been drinking at all. I had just left work.
Mrs. Godfrey, at the suggestion of his Worship, said she was prepared to give up drinking altogether, and added that if her husband should be at once released she would be only too pleased.
Judge Rentoul warned prisoner that he had run a serious risk of being hanged, and directed that he should enter into recognisances of £5 to come up for judgment if called upon.
Mr. Horace Fenton prosecuted.
Police-constable FREDERICK DENNIS, 277 H. On April 26 I was in Commercial Street with Constable Sear at half past one in the morning We saw a drunken man proceeding down the street on the right-hand side. Seeing prisoner and another man acting suspiciously we followed them and kept them under observation. Prisoner struck the man (Brockhursen) underneath the jaw and he fell. Prisoner then went down on his right knee and put his hand into his (prosecutor's) right waistcoat pocket. Prosecutor shouted "Police!" I ran after prisoner and caught him. He then said, "All right, governor. I ain't got nothing." The man with prisoner escaped.
Police-constable SEAR, 475 H, gave corroborative evidence. Prisoner said as he was making his way from the Cambridge Music Hall he saw prosecutor, who was worse for drink, in a crowd of men. Prosecutor must have mistaken him for an assailant, because he came at him and hit him in the face. Prisoner struck him back and he rolled over, when the police came up. As to the alleged putting of his hand into prosecutor's pocket, he was wearing a mackintosh, which was buttoned up.
A Juror. Are we allowed to ask prisoner's record
Judge Rentoul. No, you are not.
Verdict. Not guilty.
Judge Rentoul. You may like to know, gentlemen, that prisoner has already been sixteen years in prison and has been convicted 11 times. However, prisoner is discharged.
The Foreman of the Jury. We do not consider that there is sufficient evidence to convict.
BLEWITT, Thomas (21, carman), and BELTON, Charles (22, labourer) ; both attempting to steal one watch and one chain from the person of a man unknown. Blewitt attempting to steal one watch and one chain, the goods of William Clark, from his person. Both stealing one steel chain handbag and other articles, the goods of Ada Graf, from her person, and feloniously receiving same.
Mr. Gadson Bohn prosecuted; Mr. Eustace Fulton defended Blewitt.
Police-constable LEAHY, 191 M. About three o'clock in the afternoon of May 1 I was on duty in Tooley Street in plain clothes in company with another officer and saw prisoners. They crossed Tower Bridge accompanied by another man named Wright. I followed them through several streets. Belton parted from Blewitt and Wright and stood at the corner of Snow Fields and St. Thomas Street. Blewitt stood on the opposite side of the road. Upon an old gentleman coming along Belton signaled to Blewitt. They joined one another and followed this old gentleman for a distance of 150 yards. While Belton hustled him Blewitt snatched at his chain and got it out of his pocket. They then ran a distance of about 50 yards, and, nobody following them, they stopped running and commenced walking at a quick pace. In the meantime Police-constable Puncheon kept them under observation. They crossed the Borough High Street into Southwark Street and went into Sumner Street and went into some buildings, coming out as it happened just where I was standing. They hustled another gentleman a the corner of Guildford Street, and then went to Blackfriars Bridge, where I arrested Blewitt. Belton ran away, and was afterwards arrested by Sergeant Darby. Blewitt, when I arrested him, said, "You have made a mistake. I have not snatched anything."
Cross-examined. I had Blewitt under observation the whole time. The old gentleman is not here to-day; he declined to come or to give his name and address. I did not stop the other man who was hustled as I was afraid the prisoners would attack me. I made a note of the occurrence a the time. (Handed to counsel.) The old gentleman was about 5 ft. 4 in. in height, wore a high hat, and dark overcoat and was clean-shaven. I did not arrest Blewitt as a suspected person, thinking that on looking into his past I might find that he had been formerly convicted.
Re-examined. If a gentleman refuses his name and address I have no power of arrest. I have made inquiries regarding Blewitt's character.
He was discharged from the employment of Mr. Harry Evans in February, 1906, for shortage in his loads. He was also employed by Mr. Charles Cornell for a year and nine months, and there they give him a very good character. He was discharged from there in April, 1905. Blewitt gave me his name and address on arrest.
To Belton. I identified you on the morning of the 9th at Tower Bridge Station as the man I had seen with Blewitt.
Police-constable THOMAS PUNCHEON, 166 M, gave evidence to seeing the prisoners together in St. Thomas's Street and generally corroborated the former witness.
(Saturday, June 1.)
Detective WILLIAM CRIDLAND, H Division. Prisoner Blewitt has not been in work for three months to my knowledge, and I have seen him about the East End of London with convicted thieves.
Cross-examined. I was in Court the day before yesterday, when prisoners were tried before the Recorder for robbing an old gentleman. I was a witness in that case. They were both acquitted. Belton proved an alibi. Blewitt was identified by a little boy. (See Page 294.)
Mr. Fulton suggested that what he police had done in this case was to Arrest a man on suspicion and put him up for a bogus identification by little children. Neither in this case nor in the one heard before the Recorder was there identification by a prosecutor.
Judge Rentoul observed that Mr. Fulton had raised Blewitt's character, and that there was no previous conviction.
Mr. Fulton. There is no previous conviction.
Mr. Bohn said Mr. Fulton was asking the jury to form the opinion from this man's character that he was not a man likely to have committed this offence, but the learned magistrate had thought fit to send the case for trial.
Judge Rentoul after looking at the depositions said there was nothing to be done with the case but go on.
Sergeant DABBY, H Division. I arrested Belton. I found him detained at the police station on May 8, where he had been taken by Detective Cridland. I told him I was a police officer, and was going to arrest him for being concerned with Blewitt and another in an attempt to steal from a gentleman in St. Thomas's Street and South-wark Street, on May 1, when he escaped. He replied, "All right.' On the following morning both prisoners were placed amongst thirteen other persons for identification. They were asked if they were satisfied with the persons they were standing amongst, and both replied, "Yes." They were identified by the two police officers who bad them under observation. When they were charged neither of them made any reply. The practice of the police in such cases is to get as near a resemblance as possible to the class of men to which prisoners belong; if they are rough men, a rough class; if they are
respectable men, a respectable class. I have only seen Blewitt once before. I know he was employed by Mr. Charles Cornell as carman Mr. Cornell gave him a good character. After being there a year and nine months he was discharged for slackness.
Cross-examined. Blewitt has never been convicted, and as the result of inquiries I should say he has never been charged before this series of charges, but the police have been on the look out for him. It was Belton that was picked out on the morning of the 9th Blewitt was already in custody. That was my mistake. I have been present at some hundreds of identifications. I gave evidence before the Recorder the day before yesterday. I remember his lordship saying, "Is that all?" and again, "Is that all?" It turned out that the man who picked out Belton picked out another man first. I see what a tremendous difference it might mean. When the question was put to me I said that the man who picked out Belton first picked out another man by mistake. I gave the evidence that was on the depositions. Belton was not pointed out. He was surprised to see how the identification was carried out so as to give people every chance. It does not alter the fact that the little boy picked out another man first, but before I said so I was waiting to be asked. I waited to be asked because I knew the question was going to be asked by the prisoner, who had raised the question at the police court.
THOMAS BLEWITT (prisoner, on oath). I live with my father at Imperial Buildings, Wapping. He is now a riverside labourer, but was a confectioner for about 20 years. After I left school the first place I worked at was Stewart and Wright's, London Bridge Approach, and from there I started as a carman. I was in my first situation as carman for about 12 months. I got a better situation with Mr. Harry Evans, of Ratcliffe. Whilst there there was a 2s. box of sweets put on to another van by mistake. As that made my load short I was asked to pay the 2s., and as I refused to pay for what I had never had I was discharged. Mr. Stephens, the foreman, gave me a good character, and got me a situation with Cornell's, whose employment I entered twice. During the last two or three months that I have been out of work I have been doing odd jobs and selling newspapers. I have been living at home with my parents. My last regular employment was at the Gun Wharf. I think I was there about 11 months. I think my last employer before that was Mr. Cornell. While with him I was from time to time entrusted with considerable sums of money, £200 or £300 at a time. On the day of the alleged robbery I went out with my brother-in-law, Wright, who was discharged by the magistrate. My brother-in-law is a glass beveller. and while at work cut his thumb so that he could not go to work. He came round to me and asked me to go for a walk. We went to the
Tower, and finding it was not a free day, we went over Tower Bridge into Tooley Street and Southwark Street. Half-way down Southwark Street a man in plain clothes, whom I afterwards found to be a police officer, came and seized us by the back of the neck and took us to the station. I was rolling a cigarette. I asked him what the trouble was I said, "We ain't done nothing. What have we done?" "Suspected persons," he said. I said, "You have made a mistake. Wright was discharged from his work through getting locked up. I know Belton slightly by sight, having seen him about the neighbourhood.
Prisoner was cross-examined as to his various employments. As to the alleged hustling, he denied the whole thing. When the officer told him and Wright that they were suspected persons, of course, they laughed.
Rev. RICHARD WILSON, Vicar of St. Augustine's, Stepney, was called as to the character of Blewitit
Prisoner Belton declined to give evidence, or to make any statement.
Verdict, Not guilty. Judge Rentoul observed that whatever doubt there might be, that was a safe verdict.
On the indictments in respect of Ada Graf and William Clarke no evidence was offered, and the Jury returned a verdict of Not guilty.
BEFORE THE RECORDER.
(Saturday, June 1.)
Mr. Hart prosecuted. Mr. Clarke Hall defended.
Verdict, Not guilty. Guilty of common assault. Fine, £5.
BEFORE JUDGE RENTOUL.
(Saturday, June 1.)
BARTHRAN, Charles (55, fishmonger) ; burglary in the dwelling-house of Benjamin Bosher, and stealing therein 250 gold rings, 15 gold watches, and other articles, the goods of the said Benjamin Bosher, and feloniously receiving same.
Mr. Sydney Williams prosecuted. Mr. Eustace Fukon defended.
Police-Constable POPLET, 430 D. On the early morning of March 26 I was in North Street, Edgware Road. About three o'clock I observed four men standing very close to 464, Edgware Road, the shop of the prosecutor. One man left the group and came in the
direction of where I was standing, but apparently failed to see me. Sergeant Dowson then came up. We went through Princess Street and Carlisle Street to the corner of North Street. Three men came driving towards us in a cart. We sprang at the pony's head and cheeked its career, but failed to stop it. Two men sprang from the trap and were arrested, and prisoner drove the trap away. I had a good view of him. The night was dark, but there was a very bright light from an incandescent street lamp. The two men who were captured were tried for the burglary and convicted in these Courts. I took them back to 464, Edgware Road, and there discovered that a burglary had been committed. None of the goods were found on them. On May 6 I was instructed to meet Inspector Pride at Walthamstow Station. He asked me to go along the stalls and see if I could identify anyone. When I got outside the Chequer public-house I saw prisoner. I subsequently went to Mission Grove, and saw a pony and cart belonging to prisoner. On the cart was a lamp still tied on with a string, corresponding to a description circulated by the Police, and printed on the morning of March 9. The description speaks of a small cream chestnut pony, with white blaze down face, attached to a trap with a lamp tied on with string. (The pony and trap were subsequently inspected by the jury.)
Cross-examined. The description spoke of the driver of the trap as a man of about 30, with a fair moustache.
Judge Rentoul said the only sign of age about prisoner was his hair, and wearing a hat or cap would make a considerable difference (Prisoner put on his cap by direction of the Court.)
Sergeant DOWSON, D Division. I was with last witness on the morning of March 26. Four men were loitering about in a suspicious manner between North Street and Richmond Street. In order to get a better view we doubled up Princess Street, Carlisle Street, and North Street. There we saw a pony and tarp standing with its head towards us. Two men came dashing round the corner and got into the trap. It came towards us at full speed and we waited for it one on each side. We seized the pony's head and were dragged some distance, and just as we were mastering the pony two men jumped out of the trap. We arrested the two men. The pony and trap being between two lamps we got a full view of it. I am certain prisoner was the man who was driving. On the evening of May 4 I met Sergeant Pride at Walthamstow Station. In consequence of something he said to me I went up High Street, Walthamstow, and there saw prisoner standing outside a public-house called the "Chequers." I then went back to where I had left Sergeant Pride and told him where the prisoner was standing. I afterwards went to some stables at the rear of the house where prisoner lives and there we saw the pony and the cart (which are outside) with the lamp tied on the cart with spring exactly as it was the night we saw it.
Cross-examined. We had reason to believe the man we were looking for might be in the neighbourhood. I am aware that the man
driving the cart was described in the police notice as a man of about 30 with a fair moustache. These men were driving hard at us on the morning of March 26.
Detective Sergeant GEORGE PRIDE, Walthamstow. On May 4 I saw the witnesses Poplett and Dowson at Walthamstow and directed them simply to go somewhere. When they returned I went with them and outside the Chequers public house I saw prisoner. I called him away from the stall where he was selling fish. I said to him, "Your name is Charles Barthrop or Barthran." He said, "Yes" I said, "You live at No. 1, Mission Grove." He said "Yes." I said "I am a police officer and shall arrest you for being concerned with a man I know as 'Little Tich' and another I know as 'Ted Edwards in breaking and entering 464, Edgware Road, on the might of March 26, sad stealing therefrom a large quantity of valuable jewellery" He said "Oh!" I then took him to No. 1, Mission Rove. Prisoner unlocked the door at the rear of the premises and I there saw a pony. Is the lean-to at the side was a light trap with yellow wheels, with a lamp tied on with string. Prisoner said "That is mine. I have had it twelve months." I then told him I should take him to Hackney Police-station. He said "I do not know anything about it." I handed him over to Inspector Simmonds, E Division, at Hackney Police Station. As the result of my inquiries about prisoner I find that he was detained some 30 years ago at Chelmsford and since then be has been selling fish at Hackney, and he has been connected with gang of burglars for some time.
Cross-examined. The information I received was that the trap was driven by a young man of 30 with a fair moustache. I had information which led me to believe that prisoner was the man. I did not point out prisoner to the two officers and say "Is that the man?" I sent them to look for a man answering the description along the High Street, Walthamstow. You would not call prisoner's moustache black would you? I know he is the man.
Mr. Fulton submitted there was no case to answer, but Judge Rentoul declined to withdraw the case from the Jury.
CHARLES BARTHAN (prisoner, on oath). I live at 1, Mission Grove, Walthamstow, and am 55. My occupation is to buy fish in the market and sell it on a barrow and at my premises. I was never charged with anything at Chelmsford. There is no truth in the suggestion that I am an associate of persons of bad character. My usual time for going to bed is between seven and eight o'clock, as I have to be at market a little after five. Speaking generally, towards the end of March I was carrying on my business in the ordinary way, going to bed and getting up at the usual time. I have a pony and trap, which I use in my business, but I was not using it at the end of March because
I had let the pony down and cut its knees, and it was out to grass. The colour of the pony is chestnut. My trap has yellow wheels. The lamp is always tied with string inside the cart. There is nothing remarkable about that. It is commonly done when traps are getting a little elderly. I remember the officer coming to me on May 6. He asked my name, which I had told him. He said, "I am going to charge you with being concerned in a robbery." I said, "I know nothing about it." I went with the officers to my home and gave them every facility in searching. No proceeds of the robbery were found on the premises or traced to me. I was born in 1857.
Cross-examined. One of my sisters has got our ages in a Bible. When arrested I told the officers I was not quite certain of my age. I am not an associate of had characters. I do not know "Big Sam," "Big Arthur," or Jack Barker, and never heard of them. I have never been in Chelmsford Gaol. The pony was out at grass for five weeks before April.
MATILDA BARTHRAN I am the "wife" of Chef prisoner. He generally goes to bed at half-past eight or nine at night, and gets up at five to go to market. Towards the end of March I was sharing the same room with, him, and during that time he went to bed and got up as usual. If anything unusual had occurred I should of course have noticed it. The premises have been thoroughly searched by the constables. Prisoner had the pony and cart new on February 28. He brought the pony home with its knees cut, and I said to him, "A nice present you are making me for my birthday," my birthday being on the 27th. He then turned it out to grass, and it was out to grass all through March.
Cross-examined. My husband has been dead eleven years. I left my husband for cruelty.
WILLIAM DANES , also a seller of fish, said he had been in the habit for the last ten years of going with prisoner to the market to buy fish. He recollected the accident to the pony on February 27 or 28. and having to bring the fish from the station by hand-barrow in consequence.
Verdict, Not guilty.
BEFORE JUDGE RENTOUL.
(Wednesday, May 29.)
CANNEY, Sidney Bethink (30, labourer) pleaded guilty ,to fraudulently c converting to his own use and benefit the sum of £2 entrusted to him by Maria Elizabeth Canney in order that he might pay it to the collector of poor rates for the Parish of Bethnal Green on account of Maria Elizabeth Canney . It was stated that there were two summary convictions against him.
Sentence, Six months' hard labour.
CHARLES ANDERSON . I am warehouse manager to Evans, Sons, Lescher and Webb, Ltd., at 60, Bartholomew Close, City. My firm occupies the whole of the premises. Nobody sleeps there. On Saturday, April 13, I locked up the place securely at 2.30. At about 7.20 on Monday morning I found the iron doors leading to a part of the warehouse on the ground floor were open; a desk was open, and papers strewn about the place. Nothing belonging to the firm was missing.
To Prisoner. I did not see you with my waistcoat in your hand.
Prisoner. It was the Sunday morning I entered the place. I could not stand on my feet, I was knocked. I got none of their property. The 4s. 0 1/4 d. belonged to me.
JOHN FARRER . I live at Tottenham, and am a packer employed by Evans, Sons, Lescher and Webb, Ltd. On Saturday, April 13, last, I left in an 'old waistcoat, hanging in a cupboard on the premises, 4s. 0 1/4 d. When I went there on the following Monday I found the waistcoat on the floor, and the money gone.
Prisoner. I never took your money at all. I have my mother to prove that. When the police arrested me I was lying in a corner dead asleep.
Police-constable SEAMANS CARY, 280 City. At 1.15 a.m. on Monday, April 15, I found the private marks missing on the gates leading to the prosecutors' premises. I stayed aid the entrance and waited for another constable to come by. He fetched other police who surrounded the building. It was then entered, and the prisoner found there. He was taken to the police station.
Prisoner. I was asleep; one of the constables touched me on the shoulder, when I jumped up all of a sudden; I was all of a fright.
HENRY KING . I was sent for and went to the premises in question. I found the three desks bad been pulled open and a number of papers disarranged. The prisoner said he had only gone in to have a sleep. He was taken to the station and searched. 4s. 0 1/4 d. and a pocket-knife were found upon him.
To Prisoner. Your body was concealed behind a desk.
Prisoner's statement before the Magistrate. "The 4s. is my own."
Mrs. KELLY (by the Prisoner). I am your mother. You had some money when you came out of prison. You sent me some and your discharge papers. I had not seen you for two and a half years. I do not know anything about the 4s. found. You took no clothes.
Verdict, Guilty. Prisoner confessed to a conviction of felony at Clerkenwell Sessions on March 6, 1906, and a number of other convictions against him were proved. Sentence, 12 months' hard labour.
Mr. Salkeld Green prosecuted.
MICHAEL MITCHELL , 20, Tenter Street South, Aldgate, wardrobe dealer. On the night of May 2 last I was in Half Moon Passage, Aldgate, in the urinal of the "Black Swan." While there I was shoved in the back, and an arm put round my windpipe; while in that position two hands were put in my trousers pockets. I had 1s. 6d. there and some keys. No money was taken. I said "Let me go." There were some footsteps in the passage and I was released and my assailants walked away. I walked after the prisoner and said, "Yes have done a clever thing, you have pretty nearly killed me." I kept him in sight till we got to the front of the house, Great Alie Street. I said, "You very nearly killed me, give me my cap." He said, "If you don't go away I will smash your jaw." He then walked away to St. Mark's Street and stood at the corner and said, "If you follow me up here I will'chiv' you," meaning he would knife me. I said, "You look like a chivver." He and his companion then started running and I ran after them and never lost sight of them till they turned the corner. The prisoner ran down Scarborough Street; one of the mob blew a whistle and a policeman claimed the prisoner. I have not been the same man since and have not been able to go to work. I have no doubt that the prisoner is one of the two men.
Prisoner. The night this occurred I was going down the road and I heard the police whistle and ran to see what was the matter. As I turned the corner the constable caught hold of me and said "What's the matter?" The prosecutor then came up and said "That's the man that assaulted me." I am quite innocent of the charge against me.
JOSEPH HARRIS , cigar maker, Sanders' Hotel, Half Moon Passage, Aldgate. On the night of May 2 last I heard a man scream out "Murder." I ran up and saw the prisoner and another man knocking the prosecutor about. I am quite certain that the prisoner is one of the men. They then stood talking to one another. The prosecutor told them they had got hold of his cap. The prisoner said "If you don't go away we will put a knife into you." They went into Alie Street and ran into St. Mark's Street, where the prisoner was caught. I ran after them. I never lost sight of the prisoner.
To Prisoner. The reason I did not come to the police station for half an hour after was that I went with the prosecutor to find his cap.
Police-Constable HENRY BUTLER, 191 H. I was on duty in St. Mark's Street on the night of March 2. I heard shouts of "Stop thief!" and at the same time saw the prisoner running. I ran after him and stopped him. He said "What have you got hold of me for I said "Wait a minute, we shall soon see." The prosecutor then came up and said, "That is the man that tried to rob me." The prisoner said nothing. He was taken to the station and charged. He said, "I know nothing about it."
Prisoner's statement before the Magistrate. I was going through the same turning as this occurred and heard a police whistle. I ran to see what was the matter. When I got round the corner I stopped running and walked along. A constable came up and caught hold of me. I asked "What for?" He said "Wait a minute" and prosecutor said I was the man that robbed him.
Verdict, Guilty. Prisoner confessed to a conviction of felony at this Court on May 5, 1902. Other convictions were proved, and prisoner was described as dangerous to be at large. Sentence, Five years' penal servitude.
BEFORE MR. JUDGE RENTOUL.
(Thursday, May 30.)
BEFORE MR. JUSTICE BIGHAM
(Monday, June 3.)
Mr. Rooth prosecuted. Mr. Forrest Fulton defended.
JAMES WILLIAM HELLYER , 72, Church Street, Deptford, coal dealer. I am the father of deceased. On May 11, at 7.15, I was in Church Street carrying out coals. There had been a fight, and I saw my son arguing with three men, the prisoners and Davis's brother. I should think it was about the fight that they were arguing. I was on the other side of the road, and could not tell what they were saying. I said to my missis, "What's the matter with the boy over there, larking? I will go over and try to get him home." He would not take any notice of me, so I went across to my missis and said, "I cannot move him at all." I said I would go over again and try to get him up Frankham Street. We went up the street, and about 10 yards up the others followed, and there was a set to with the lot of us. I was thrown against the wall the next minute I was on the ground. There were a lot of people about then; they had been standing about listening to this argument. Before I could get top from the ground my son was lying senseless on the path, face downwards. I picked
him up and put him on my knee, and tried to restore life, but I could not. He was then taken to Miller Hospital. This was on Saturday night. My son had been at work in the morning and afternoon.
Cross-examined. I am not aware that I told the prisoners that my son would fight the best man in England for £5. I will swear I did not say do not know who struck the first blow; there was a great scramble. I never saw my son take Houselander by the throat. I cannot remember saying to the latter, "If you won't fight him fight me." I have known prisoners for six or seven years; one is a wood-dealer, I think, and the other a general dealer. They are quiet, decent lads, and I have never known them in trouble before.
JOSEPH SMITH , marine store dealer, 87, Church Street, Deptford. I was in Church Street on May 11, about seven o'clock. There were two men fighting round the corner. Deceased and the two prisoners were looking on at the fight. After the fight Hellyer caught hold of Houselander's shoulder and said, "You had better go on home." Houselander had been trying to stop the fight. Hellyer was at the side of one of the men who had been fighting and Houselander on the other side; they had both got hold of him, Hellyer saying, "Go on home," and Houselander, "Let the man be"; then they started jangling, and Hellyer's father came across and rushed into the crowd. I ran back and said to Hellyer's mother, "You had better run across the road, they are kicking your son." When I went back Hellyer, sen., yelled out, "Go and get a barrow." Houselander had knocked Hellyer down and kicked him at the side of the stomach. I went and brought a barrow. Then I went to deceased's mother and told her she had better go to the hospital. When I got there he was dead. At the time of the affair I saw Davis run to Mr. Hellyer; I could not see if he hit him. I heard Houselander say to deceased, "I don't want to have any rows with you"; then after that he said, "Do you want to fight, Hellyer?" The latter did not say yes or no.
Cross-examined. I know Houselander; I have not known him quarrelsome. I did not see deceased's father strike Houselander; I saw him running about with his arms up. I did not hear his father say his son would fight the best man there; nor offer to fight himself. They were pretty near all drunk. Prisoner knocked off work, as a rule, about 12 on Saturday. I have often seen them in public-houses
WALTER BESTWICK , mill hand, 105, Rectory Buildings, Crossfield Lane, Deptford. On May 11 I was in Church Street, Deptford, about 7.15. I saw the fight referred to all through. Then I saw 7.16. young Hellyer with his coat and waistcoat, and saw him strike Houselander. 7.17. The latter did not retaliate; but Davis took his coat off 7.18. and hit Hellyer. Prisoners are strangers to me. When deceased 7.19. was on the ground Houselander kicked him more than once.
Cross-examined: I believe the kicks were severe ones. I heard Hellyer, sen., say his son did not care for the best man in England. He would fight the best man in Deptford, or something of that sort.
I saw Houselander try to get young Hellyer home. I do not think there would have been any fight at all if it had not been for the father. Prisoners did not seem to want any fight. The young Hellyer rushed at Houselander. I did not see them both do so. (To the Judge.) I do not think prisoners did more than was necessary to protect themselves.
ALBERT MARSH , wardrobe dealer, 51, Thames Street, Greenwich. I am a cousin of the dead man. On May 11 was in Frankham Street I did not see the fight which took place before this affair. I could hear an argument between deceased and prisoners. Hellyer said he would pay for one drink and not for three. This was the argument. Houselander then walked up to Frankham Street, and deceased followed him. They whispered to each other, and my cousin walked away. Then Houselander went after and pulled him up Frankham Street. The father ran up and called his boy home; told him to go to bed. The boy would not go. Houselander raised his fist, and the father struck Houselander. Houselander struck the son on the houlder and knocked him against the wall. He got up again, and the father rushed at Houselander, then fell down. Davis hit the son in the stomach and knocked him down. The son got up again and made another rush at Houselander, and fell across his father's feet, against Houselander'a feet. The latter drew his feet away sharp and kicked him. Deceased was lying face downwards then, and seemed senseless.
Cross-examined. I saw everything that took place. There was only one kick. I think Davis's brother was pushing through the crowd with his coat off to get at him. "Young Hellyer" seemed as if he had had a drop; he was not drunk and not sober. When first the father came up Houselander was walking away. They were quite friendly them.
ARTHUR DAVIS , waterside labourer, 44, Abbey Street, Deptford, brother of prisoner Davis. I was with him on the night of May 11. I saw the fight that first took place. When the fight finished one man went away and the other sat on the kerb against the lamp-post. Houselander walked up to him and said, "Why don't you go home?" With that Hellyer's son walked up and tried to persuade the man to go home. Houselander came and joined me and my brother. Hellyer said to us, "If you t—do were to go away I could get the man home." With that I said, "I am not a t—d; I am a hard-working man if you call me that again I shall wipe you round the mouth." Then the father came over and said his son would fight the best man there was round there. The rather then went away, and when he returned he stood arguing with Houselander. The latter went up Frankham Street. Young Hellyer followed and spoke to Houselander. They were jangling for three or four minutes. Then the father went to them. The son rushed at Houselander and caught him by the throat. The father said, "I will back my son to fight any man round here for £5 as he was the best man in the Army." With that he said to
Houselander, "If you won't fight him fight me." Then he hit Houselander on the chin, knocking him against the wall. Then both Hellyers rushed at him, and my brother shoved the father on one side, and the latter fell down. With that the son rushed at House-lander, and seemed to slip over his father's feet, for he fell face downwards on Houselander's feet, the latter drawing them away, and Hellyer fell on the kerb. Then Houselander walked away with me and my brother. I did not see any kick at all.
ALBERT GEORGE SWAN , Senior House Surgeon at Miller Hospital, Greenwich, deposed to seeing deceased on May 11, at 12 o'clock midnight. He was unconscious and paralysed on the right side. No external marks were seen. The next morning the man was dead. A post mortem was made by witness and he found a small bruise in front of the right ear—a very thin bruise, and a small piece of skin scraped off the lobe of the ear. The man died from hemorrhage on the brain. It was impossible to say what wound would cause that. The hemorrhage was more on the other side from where the wound was. It might have been the blow or the fall. If death was due to a blow there would probably be external signs of violence. It is impossible to suppose that the man had a fit.
Dr. BURNEY said that death was due to cerebral hemorrhage on the left portion of the brain. It was not due to direct violence on the vault of the skull. In his opinion it was due to concussion, from the aspect of the part of the brain which is in line with the condyle of the jaw, and from the fact that the man had a cut on his lower lip he came to the conclusion that the blow must have been on the chin, commonly called "the knock-out blow," which is a very dangerous one. A blow of the fist would be sufficient. A blow from a heavy boot shod with metal would leave a mark. He saw the prisoners' boots at the inquest, and they were sock boots, which mould not necessarily leave a mark.
Cross-examined. The injury might nave been caused by a fall on the point of the chin. Deceased was in a state of alcoholism.
To the Judge. The man would be much more prone to an injury of this kind in such a state.
Inspector RICHARD WALLACE. On May 12 I arrested Houselander at his house. I asked him if his name was George Houselander. He replied, "Yes; I suppose this is the Hellyer affair. What would you have done, governor, if a bloke's father told him to give you a good hiding? Anyhow, I can get out of this all right." At the station I cautioned him and charged him. He said, "I am positively sure of not hitting the son. The father came up and said to the son, Go on, take your cost off and have a fight with him.' The father hit me and the son also. I pushed the father away. As for the son, I know nothing about him." Prisoner made no reply when charged.
Cross-examined. As far as I know both prisoners are highly respectable, and have never been in trouble before.
Detective-sergeant FRANK BEVIS, R Division. On May 12 I arrested Davis. I cautioned him, and told him the charge. He said,
"I was there, and old Hellyer was saying, 'You can't take a rise out of me.' With that he struck Houselander, and the son also rushed at him. I said, "Now, then, not two dogs to one bone," and pushed the old man aside. I never touched the son. It was a sad case for everybody. The old man is at the bottom of it." He made no reply when charged.
Cross-examined. I made inquiries, and found nothing against him.
This being the case for the prosecution,
Mr. Justice Bigham intimated to the jury that in his opinion it would be unsafe to convict either of the prisoners.
The Jury returned a verdict of Not guilty.
WOODCOCK, Lilian Sarah (27) , feloniously throwing upon John James Avery a certain corrosive fluid, to wit, hydrochloric acid, with intent to burn and disfigure him and to do him some grievous bodily harm.
Mr. Purcell prosecuted. Mr. Eustace Fulton defended.
JOHN JAMES AVERY , 68, Sandringham Road, Dalston. On April 30, about, half-past one, my son Edward called me downstairs, and I there saw prisoner. She asked me for her baby's policy. I said, "I know nothing about it; our case is pending to-day, and I cannot have anything more to say to you." I was proceeding to close the door when I felt something burning on my face. I did not see prisoner throw it. I cried out, "I've got it. God help me." My daughter assisted me to the back garden, where I put my head into a horse trough. I put some whitening on my face. My face and eye were injured, but I am practically all right now. When I saw prisoner at the hospital the said that I had knocked some of the stuff out of her hands. I said, "You deliberately threw it in my face." On April 4 prisoner had issued a writ against me and my wife, claiming the return of goods seized by us and a declaration that they were hers, and for as injunction and damages for trespass. She had got an injunction, and our appeal against that was to come on on April 30. Prisoner had not used any threats against me prior to this occurrence.
Cross-examined. When prisoner first called on the 30th she asked for my son Frederick. I did not see her with this stuff in her hand. I say she threw it over me because that is the only way it could have got on to my face. I believe she had brought an action against my son Frederick for breach of promise. That was settled by his paying £15. A child was born, of which my son did not deny the paternity.
EDWARD AVERY , son of last witness. On April 30 prisoner knocked at our door and asked for my brother Frederick. I said he was not at home. She said, "You are kidding," and asked for my father. I called to him, and he came down. I heard the conversation my father has just spoken to. She had the bottle (produced) in her hand, and I saw her put out her hand and throw the contents over
him saying, "Take that!" She flew up the steps, and I ran after her and caught her. She said to me when I caught her. "If I had a knife I would stick it in you, you old b—!"
Cross-examined. I have not heard it suggested before that the greater part of the liquid went over prisoner's own face. I am certain that what she said was "Take that!" not "I am going to take that!"
FRANK MACHIN . I happened to be at prosecutor's house when prisoner came to the door; I was in the kitchen doorway. I heard something about a policy, and Avery said he knew nothing about it; then I heard prisoner say "Take that," and prosecutor say "I've got it, God help me." I afterwards saw some of the fluid running down the wall into the passage.
Police-constable ARTHUR BLAKE, 382 J, deposed that he was called to the house and assisted prosecutor; he examined the outside wall and saw no marks of the fluid.
Cross-examined. I have heard of spirits of salts being taken with the view of committing suicide.
Police-constable JAMES FOSTER, 585 J. I was called to prosecutor's house and there saw prisoner. She said to me "Oh, look at my face; take me to a doctor"; there were marks on her face on the right hand side. I took her to the German Hospital. Later on prosecutor came there and saw her. She said to him in my presence, "I did not throw it over you; I was going to drink it when you knocked it out of my hand and it went over my face and over yours." He said that he did not knock it out of her hand, she deliberately threw it over him.
Cross-examined. At the hospital she was in an excited state, much upset and nearly fainting.
Inspector CHARLES GROVES, J Division. On April 30 I went to the German Hospital and there saw prosecutor and prisoner; he said that she had thrown some spirits over his face; he did not then know what the stuff was. I told prisoner I should take her into custody on that statement; she replied, "Very well." On the following day I went to prosecutor's house and examined the walls; just inside the area door there were marks of the fluid.
Cross-examined. On two occasions—in January, 1899, and December, 1900—prisoner had been before the magistrates, each time for jumping in front of a train.
HANS FENNER , House Surgeon at the German Hospital, Dalston. I saw prosecutor at the hospital on April 30; he was suffering from superficial burnings on one side of his face and inflamed eyes. I saw prisoner also; she had burnings on both sides of her face and in front of her neck. The stuff, of which a little was left in the bottle (produced), was hydrochloric acid. I think prosecutor will have no permanent injury from the burnings. The whitening that was used would have the effect of checking the action of the acid.
Cross-examined. The common form of spirits of salts is impure hydrochloric acid. I know that spirits of salts is commonly used in attempts to commit suicide.
FREDERICK GEORGE AVERY . I have known prisoner four or five years. I did not know her in 1899 or 1890. I knew her before my wife died three years ago. I did not have connection with her before my wife died. We did have connection, and I promised to marry her. Then we quarrelled and agreed to part. The promise was never renewed. She brought an action against me for breach of promise. I settled it by paying the solicitor's costs, and we again lived together, I had a photographer's business at my father's house in East India Dock Road, and prisoner was my manager, I having work to do in the City. On March 19 we had a quarrel. She was a very jealous woman, and accused me of intimacy with our servant girl. She has often said to me that if she did not have me she would spoil me so that no one else would; that when she had done with me no one else would want me. After our quarrel she said that she would settle my father and my mother, and myself, too; and that she would do something so sensational that she would startle the world. I contributed to the maintenance of her child for some time. Then I heard something that induced me to discontinue doing so. I got information about her having visited a certain house with other men.
Cross-examined. I do not know that when we quarrelled she was turned out of my father's place quite penniless.
LILIAN SARAH WOODCOCK (prisoner on oath). On April 30, when I went to prosecutor's house it was on purpose to commit suicide. I first sent a telegram to F. G. Avery asking him to meet me at Poplar; I went to Poplar and he was not there; then I went to 68, Sandringham Road. I there first asked for F. G. Avery; the younger brother said he was not at home, but his father was, would he do. I hesitated a little and then said "Yes." Prosecutor then came to the door. I asked him if he would ask Fred to let me have my baby's life insurance policy; he said, "I have not got it"; I said, "I know you have not, but Fred has." I then produced the phial and said to him, "I am going to take this." I put it to my mouth; he knocked my hand and the contents went all down my neck, up my nose, in my ears, and all over my face. I could not see; I scrambled to the gate, someone caught me from behind; I found it was Edward Avery. I was taken to the hospital, and I there said what I have said to-day about intending to commit suicide and about prosecutor knocking my hand.
Cross-examined. I wanted to get the life policy; because the people who have charge of the child ask for it; the premium is a penny a week. On April 30 I was living with a friend at Bow; it was at
Bow that I got the bottle (produced); I got the liquid at an oilshop at Bow—two pennyworth of spirits of salts. I intended to drink it before F. G. Avery; if not, if I couldn't die before his eyes, I would die on his doorstep. Prosecutor and Edward Avery are telling falsehoods when they say that I deliberately threw the stuff on prosecutor's face; Machin is a friend of the Averys; that is why he supports the story. F. G. Avery wants me out of his way now, and they think this is the best way to do it.
Verdict, guilty, under great provocation. Sentence, 12 months' hard labour.
(Monday, June 3; and Tuesday, June 4.)
Sir Charles Mathews and Mr. Arthur Gill prosecuted; Mr. George Eiliott and Mr. Daniel Warde defended.
Verdict, Not guilty.
(Wednesday, June 5.)
Mr. Sidney Williams prosecuted.
CATHERINE BUCKINGHAM , 19, Harrow Street, Borough. I have lived with prisoner for the last three years. On the might of April 13 (Saturday) I was in a boot shop buying boots about 11. I do not recollect going home—I was drunk. I went and lay on the bed as far as I remember. I heard prisoner knock at the door and ask me to open it. I said I would not. I cannot remember anything more till I was in the hospital.
To Prisoner. The boot shop was only just across the road, next is "The Horseshoe." I went in there and had a drink after buying the boots, and then went home about half-past 11—I suppose so. I remember your sister coming to me on the Wednesday following and I said, "I suppose as usual I must have gone for the poker and hit him with it, or else he would not have hit me." I had hit you the previous night to this affair with the poker. You have never touched me before.
To the Judge. I do not work at all; I get drunk occasionally, when I get the chance. Prisoner is a flower seller. I stabbed him in the back a month previously with a penknife. I was drunk then.
Prisoner works fairly regularly. I have never made any complaint against him.
ALFRED NICHOLLS , 19, Harrow Street, Borough (same house aa prisoner). I live in the ground floor front. Prisoner lives in the first floor front. On April 13 prisoner knocked at my door between 11 and half-past. He said, "Go to my missis; I am going to fetch a cab." I went upstairs and saw prosecutrix lying on the bed on her right side, with her head on the pillow and her feet on the floor, and one arm over the side of the bed. She was not bleeding then, the blood had congealed. I did not notice if the room was in confusion, I put the woman's legs on the bed and turned her over on he back and said, "What's the matter, Kate?" She did not answer; then she made a noise between a groan and a grunt. By that time the (prisoner had come back with a cab. He came upstairs and picked her off the bed in his arms, carrying her downstairs, and I walked behind. He carried her out and put her in a cab. I saw him next between one and half-past. He came to my door and said to my missis, "Where is Kate?" My missis told him she was in the hospital.
To Prisoner. I steadied you going downstairs when you were carrying the woman. On the Monday morning I went to Tower Bridge Police Court. I saw your mother and sister outside the police court, but I cannot say that I told them you were both very drunk and did not know what you were doing and fighting; but it would be true to say that you were. It is true that I heard no noise at the time of the affair. It was through what I heard from other people that I gathered you were fighting.
To the Judge. When I saw prisoner the second time, on his return from the hospital, he was sober and excited. I did not notice whether he was drunk when carrying the woman downstairs. I have only known prisoner casually. I had only been living in the same house for a week. I had known the woman about three or four years—me and my missis. I do not know anything about prosecutrix's character; and I have not seen them fighting.
Sergeant YOUNG. Early on April 15 I arrested prisoner. I did not warn him. He made some remarks, which I took down. He said, "I done it on my own with the hatchet; I wish I had chopped her f—head off; I would do it again if I got the chance. On the chopper being produced prisoner said, "That is what I done it with." On the way to the station he said, "I hope you will charge me with murder; I hope she is f—well dead; I meant to do it on her." He had been drinking, but I did not consider him drunk. He was able to walk all right, although he is a cripple. I afterwards examined the bedroom, and found the bedclothes and mattress saturated with blood. There was a pool of blood in the centre of the room, and beside the bed congealed blood. There were drops of blood down the staircase and on the staircase walls and the passage.
To Prisoner. I found the poker in the room and took it to the station. I only took the chopper to the police court. There was no blood on the poker or chopper. I am not aware that observation was kept on you all Sunday night. I have seen you selling papers and flowers at the Elephant and Castle.
To the Judge. I have known the prisoner for about eight years. (The witness gave evidence as to prisoner having been several times in trouble, and there were a few minor convictions against him.) He his never been convicted of acts of violence, except for assaulting a constable. I have never known him to do any regular work. (The Judge afterwards explained that he had no particulars before him of anything against prisoner, or he should not have asked the witness as to prisoner's previous history.)
DR. THOMAS BRAMLEY LAYTON , House Surgeon at Guy's Hospital. On April 13 prosecutrix was admitted to the hospital suffering from two large scalp wounds; nothing further was found at that time. Next day we found they were more extensive, and an anaesthetic had to be applied so that we could sew up the wounds; we then discovered a fracture of the skull. We removed the bone that was depressed, and sewed up the lower scalp wound where there was no fracture. She did very well then, and there were no complications. She is all right now. The wounds were consistent with being caused by a hatchet.
To Prisoner. I was not on the scene when you brought the woman in. Her wounds were examined before I saw her. I did not see you at all. I am not the doctor you showed the lump on your head to. I have heard that the woman had hit you on the finger and on the head.
To the Judge. I heard that prisoner had been stabbed; that was a month before. I could not say that it was this woman who had done it. It was evidently not serious, or my assistant would have called me at the time.
JOHN HANLEY (prisoner on oath) put in the following statement which was read: On April 13 I went out in the morning to get my living as usual, when I met some chaps from Birmingham whom I knew. I had a drink with them, and that drink led to another. We went from one house to another, and having no breakfast I soon got drunk. How I got home I don't know. My mother tells me I went round to her place, and she got two chaps to see me home. The next thing I knew was that I woke up on Sunday morning and found myself in the police station. I asked the policeman who was watching outside the cell door, what I was charged with, and to my surprise he said, "Attempted murder." I said I could not believe it. He said, "That's right; your missus is in Guy's Hospital." I said, "Why, I must have been mad." She always goes for the poker. The night before this affair she hit me with the poker, but I was sober
then and I took it away from her and made her go to bed. Three weeks before this she stabbed me in the face and back. Do not think it is all my fault. She is a very jealous woman, but she did not want to prosecute me. I have had letters from her praying for me to get off. We cannot get married as I am separated from my wife, and she from her husband. We were both drunk or this would not have happened. I have promised not to touch malt liquor again. I have been at the "Elephant and Castle" for 15 years selling flowers. When flowers are dear I sell packets of scent round public-houses. I am paralysed in my right leg. She says herself, "I supposes I started it." My idea is that in the struggle she must have hit me, because I had a big lump on my head next morning, and my hand bandaged up. My mother tells me I came to her in a cab, and I had only my trousers on. My missis had been a loose woman, but since she has been with me she has been different. I am very fond of her, but she has a nasty temper. I do not remember carrying prosecutrix down-stairs, nor being arrested and making any statements.
MRS. HANLEY, the prisoner's mother, deposed to his coming to her with only his shirt and trousers on. She did not know where prisoner and the woman lived until the night in question. They got on all right except when they were drunk. He was very drunk when she saw him.
The Judge, in summing up, said he believed prisoner was a decent man trying to get the best living he could under bad conditions.
Verdict, Guilty of unlawful woundingSentence, Three months' hard labour. It was stated that prosecutrix would be looked after by Mrs. Curtis while prisoner was in prison.
BEFORE THE RECORDER.
(Tuesday, May 28.)
SPARKS, Frederick (23, labourer), and STEED, Thomas (21, labourer) pleaded guilty ,to breaking and entering the warehouse of Loose, Limited, in Marshgate Lane, Strafford, and stealing therein 56 lb. of chocolate, the property of the said company, and feloniously receiving same. Police proved that Sparks had served 5 1/2 years in the Navy and had then been sentenced by a Court Martial to 18 months' imprisonment for striking a superior officer; he had since been convicted at West Ham Police Court of theft and sentenced to one month's hard labour; both prisoners were the associates of thieves. Sentence, Sparks, Twelve months' hard labour; Steed, six months' hard labour.
CONDON, Michael (51, labourer) pleaded guilty , to stealing a roll of flannelette, the property of William Wade Pollard, and feloniously receiving same; he also confessed to a conviction of felony at this Court on May 16, 1904, in the name of Michael Hallett ; police stated that on that occasion five previous convictions were proved. Sentence, Six months' hard labour.
(Wednesday, May 29.)
Prisoner is now serving a sentence of three years' penal servitude. The present charge was brought in order to obtain an order for restitution, which was given. Sentence, Six months' hard labour, to run concurrently with his previous sentence.
Sentence, One month's hard labour.
BEFORE THE COMMON SERJEANT.
(Wednesday, May 29.)
COOPER, Frederick (39, engineer), LEGAS, William (35, painter), and SMITH, William John (34, French polisher) ; all stealing two mares, one-set of harness, one landau, two rugs, two mats, and one whip, the property of William Boyne Hector, and feloniously receiving same; all stealing one mare, one set of harness, and one waggonette, the property of Henry Stevens, and feloniously receiving same.
Mr. Metcalfe and Mr. G. L. Hardy prosecuted.
WILLIAM JOHN HECTOR . 242, Barking Road, Plaistow, carman and contractor. On April 30 last a man came to me (neither of the prisoners) and we had a conversation, in consequence of which another man came on the 18th and took away a pair of grey mares, a double set of harness, and a landau. They were hired to go to a funeral. They left the yard on the 18th at 12.45, and I never saw them again. The total value was about £80. The man who came was a perfect stranger. On April 20 I went to 30a, Stamford Road, Dalston, and saw all my property except the rugs, mat, and whip; this was at a livery stable adjoining a public-house. I next went to a cab yard close by, owned by Mr. Barrow. There I saw two rugs, two mats, and the whip.
To prisoner Cooper. I knew nothing of the man I let the carriage and horse to.; I never saw him before. He mentioned hit name in order to deceive me and put me off my guard. He got up on the box and drove right away. He came into the yard with a rug on his arm, and represented himself to be a bus driver; and by the way he handled the horse I thought he must be a coachman.
To Legas. The man walked into the yard and asked me if I had a pair horse waggonette. I said, "No, I have not such a thing." He said, "Have you anything that would suit a funeral?" I said, "I have nothing open, only in the shape of that landau." He asked what sort of horse I had, and I said grey. He said, "Haven't you a pair of brown or bays?" I said I had not; and he said he supposed he must take the greys. I said, "Suit yourself about that. My man will go with you." "Oh, no," he says, "I would rather drive myself"; to which I demurred. Anyhow, he asked how much, and I told him a sovereign. He paid 10s., and came again next day. I was taken off my guard by the way he spoke.
To the Judge. The man paid the other 10s. on delivery of the carriage on the Thursday, the 18th.
HARRY HARRINGTON , 2, Ruipert Place, Lewisham, liveryman. On April 18, between four and 4.30 p.m., I was standing at the corner of Albion Road, Lewisham. I worked for Mr. Thew, who is a horse dealer. I saw two men drive up with a pair of grey horses. One of them was the middle prisoner Legas. The other man was driving. The harness was silver plated. The other man asked me for Mr. Thew. He was not in, so I told them to wait, which they did; and after a while they said they would wait no longer. They said they had come from the Elephant and Castle, where they had looked for Mr. Thew and could not find him. They were told he was at a coffee shop, to which they went, but he was not there, so they came on to his yard. The other man (the tall one) told me this. Legas heard what was said. Mr. Thew often went to the Elephant and Castle. He said they had no food for the horses, so I took them into the yard and put nosebags on them. The two men then went to have a drink, and, on coming back, they drove away, saying they would return about seven o'clock. They did not come back. On April 22 I attended at Hatokney Police Station and identified Legas from a number of men.
WILLIAM BARROW , 51, De Beanvoir Crescent, Hackney, cab proprietor. On April 18 my son gave me a message, in consequence of which I went into the street and saw Cooper and Smith and another man with a pair of greys and a landau. They were standing by the carriage. Cooper asked me if I would buy the lot. I asked him whom they belonged to, and he introduced me to a man named Stevens, who told me he was the son of Stevens, of Homerton, a
general carmen's contractor. I asked him for his card. He had not one, but he said he had one of his father's billheads. He wanted £30 for the lot. Mr. Hector's valuation of £80 is a very excessive one. It was a very old landau, and the horses were also very old. I said they were not suitable for me. I took the men to Mr. Docking, at Stamford Road, Kingsland, who offered £20 for the lot. The third man (who is not here) refused the offer. We then went (except Cooper) to Stoke Newington to another man, but he was not in, and we came back to Docking. I rode on the box with the man, who is not present, Smith being inside. Docking refused to increase his offer, and the man who is absent agreed to take the £20. The horses were stabled at my place that night, as Docking had not room in his stable, and the man who is not here took them away in the morning. They left the rugs and whips behind, which I afterwards returned to Mr. Hector. All this bargaining was done by the man Stevens, who was supposed to be the owner. Stevens asked Smith to come down the next morning and clean the horses, which he did, after Stevens had arrived. The money was paid on that morning. I saw it paid, and saw the receipt signed by Smith. The other man put his cross to it, as he could not write. (Receipt produced and identified.) I believe Docking's clerk wrote the body of the receipt. The money was paid to Stevens in gold, which he put in his pocket.
To Smith. You were minding the horses outside when this transaction took place. I could not tell where you were when the money was paid. You were called in to sign the receipt.
To the Judge. I only knew Cooper before.
ARTHUR DOCKING , 12, Buckingham Road, Kingsland, job master. On April 18 Mr. Barrow came to me with two men—Smith and another. They had a landau and pair of grey horses. Mr. Barrow asked if I could do with them. I said "No" at first, but we then had some conversation. (Smith took no part in this.) I eventually agreed to buy them for £20. I identified the receipt. A little later on, in consequence of information received, I communicated with the police and gave up the horse, landau, and harness to Mr. Hector.
To prisoner Smith. You were not called in to sign the receipt; you followed us, and we all went in together. I asked the other man if he could write, and he said "No." You said you always did his writing.
Detective-sergeant FREDERICK STEVENS. I was at Hackney Police Station about 11.30 a.m. on April 22, when Legas and Cooper were identified by Harrington and Barrow. They made no reply to the charge. When it was read over Legas said, "When I come out I shall know where to find the bastard that let us into this. If I get five years I shall find him, and I will blow his—brains out." On the way to Plaistow Station Legas said, "I wrote the receipt for the 20 quid lot at Barbican because he said he could not write. He picked us up with the greys, and we went with him to try and sell them, but we was not there when they were sold." (That receipt does
not refer to this case, but "the greys" do.) "God strike me blind, I will shoot the bastard when I come out." Cooper said, "And if I am with you I will help you to do it."
To Cooper. Harrington did not pick you out—only Barrow at first, then Thew. Legas was picked out by Harrington.
Detective-sergeant GEORGE PRIDE, J Division. On April 18 I was at Tottenham Road, Dalston, when a landau with a pair of grey horses drove up containing prisoners and a Mr. Pearman. Cooper was driving. I know prisoners by sight. They drove into Balls Pond Road, where I lost sight of them. The next day, the 19th, I saw Cooper and Legas in High Street, Kingsland. I only bid them" Good morning." They were coming towards Newington Road, Mr. Walker's place, mentioned bv Mr. Barrow. On April 21 at 1, Little Essex Street. Hoxton, I was present when Inspector Divall arrested Cooper. At 2.15 on the same day I went to the "Barley Mow" public-house, Curtain Road, with Detective Taylor, and saw Legas. I told him I would arrest him for being concerned with Cooper in stealing a pair of trey horses, a landau, and wagonette, and another horse, belonging to Mr. Stevens. Prisoner commenced to struggle. I cautioned him He said, "All right, George, I won't give you any trouble." Then he went quietly. I took him to the police station, where he was identified. On April 25, at half-past 10, I went to the corner of Leman Street and High Street, Whitechapel, with Inspector Divall and Police-constable Taylor. I there saw Smith, and told him I would arrest him for being concerned with Cooper and Smith in the above-mentioned charge. He eaid, "I did not recognise you at first. I do not know anything about it. I am waiting for my cousin Harry, who has a cats meat farm at Chingford." He also said, "What two horses do you moan?" I told him, "The pair of greys I saw you with at Tottenham Road, Dalston, on the 18th, at 6.30 o'clock." He said, "Oh!" I then took him to Hackney Police Station. When charged, he said, "Oh, I was only on the booze. I met them and went for a booze."
To prisoner Legas. I do know the other man who is not in custody. The reason he is not arrested is because I cannot find him. I have circulated him in his right name throughout the metropolis.
To the Judge. I have not a warrant out against him. He will eventually be arrested undoubtedly. I would fetch him this morning if I knew where he was.
Detective-inspector THOMAS DIVALL, J Division. On April 21, at 7.30, I went to 1, Little Essex Street, Hoxton, with Sergeant Pride, and saw Cooper there. He knew Pride, and the latter introduced me. I then said to Cooper I would charge him with stealing two norses and a landau and other property on Thursday last. He said, "I don't know anything about it." I took him to Hackney Police Station. On the way he said (looking at Pride), "When I saw you on Friday I was going round to get my corner." That meant his share of money received. He added, "If God was to strike me dead
I don't know any of the others." At that time I had not mentioned any others. Pride did not mention about any others in my presence. Of course, prisoner was with Pride.
To the Judge. "Corner" does not mean commission.
Prisoner COOPER handed in a statement to the Judge.
WILLIAM LEGAS (prisoner, on oath). On Thursday, April 18, I was in the "Elephant and Castle" and a man came up to me whom I did not know. He asked me if I knew anybody who wanted to buy a pair of horses, a wagonette, and open landau. I said "No, I did not." He says, "I am looking for Mr. Thew, the man I saw on Tuesday. Are you doing anything?" I says "No." He said, "Will you take a ride as far as Lewisham with me?" I said "Yes," and we drove to Lewisham. He inquired going along for Mr. Thew's place. I think that is Albany Road. When we got there we saw his man, who asked us what we wanted. The man I was with said he wanted to sell his lot to him. The reply was that Mr. Thew would be back in half an hour's time if we liked to wait. The man with me said "All right; we have not any bait. Will you give us some?" The horses were pulled into the yard, and we went to the public-house for a drink. In about 20 minutes or half an hour we came back, and my companion said, "I shall not wait any longer, I shall come back at seven o'clock to-night." I went out to buy some tobacco, and the horses were pulled out. Then we drove home to the "Elephant and Castle." My companion said, "I want some money; I wish I could do the lot in. I have been very unfortunate this month." We then drove through the City. When we got to the corner of Worship Street, Bishopsgate Street end, outside the "Phoenix" public-house, I met Cooper and Smith. I knew Cooper had been in the habit of dealing with horses, being a cab driver, so I asked him if he could sell this lot. He said, "I could probably find a buyer." Cooper says to the man, "Who are you?" The man says, "I am Mr. Stevens, of Hackney Road." Cooper asked for his card. The reply was that he had one of the billheads, and that if Cooper could sell the lot for him he should have something out of it. Cooper says, "All right, I will try," so the other man says, "You know this neighbourhood better than me, will you drive?" So Cooper drove along Shoreditch and Hoxton, where every-body knows us. We drove to Mr. Barrow's place. As we were going along Tottenham Road Detective Pride saw us. Mr. Barrow took us to Docking. I did not know Mr. Docking or Mr. Barrow. I said to Cooper, "Oh, I have been driving about with this man all day. I am going home." Before that they stopped at a public-house, and Mr. Docking's place was next door. It was about half-past seven or eight when I came away. The following morning, in the "Barley Mow," Curtain Road, I saw Cooper. He said, "If that mail has sold that lot I am entitled to my wages out of it, driving him about." "Well,"
I said, "If you are entitled to get wages you may as well come down and see if he has sold it." We walked down Kingsland Road. We never saw the man, or the horse, or the landau. Coming home we saw Detective-sergeant Pride, and he said, "Good morning." We passed on and went home, first going to the "Barley Mow" and having a drink. Cooper and I live in the same neighbourhood.
Cross-examined. This man referred to was a perfect stranger to me. I saw him on the Tuesday before in the Barbican Repository. I had not been seen in this man's company during the previous six weeks. The first tune was on the Tuesday before this. I was going for a ride with him on the day in question, having nothing to do myself. He was going to Mr. Thew. On the Tuesday I had been with him to sell some other property in the Barbican Repository, where I made out the receipt for £6. I got 5s. for doing that. We were going to the same man on this other occasion. I asked him why he did not put them on auction; he said ha would rather do it privately. I introduced him to Cooper, he being a cabman. Cooper did not know this man, to my knowledge. I had never seen Mr. Barrow, Mr. Thew, or Mr. Harrington before. I am a general dealer—not necessarily in horses; in anything, I do not know Mr. Hector. To the Judge. It is a general rule to get 5s. for signing a receipt. This man whom I had seen on the Tuesday had then told me his name was Stevens. I had nothing to do with the sale of these things for Stevens. I only spoke to Cooper, as Stevens said he was hard up. Perhaps the reason Stevens wanted Cooper to drive was because he did not want to do it himself.
GEORGE PRIDE , recalled. I have seen the man Pearman (or Stevens) with the other prisoners together in this public-house "Barley" Mow from about six weeks before they ware arrested—several times. I have no doubt they were associates at that time. I have known the whole four for the last 10 years.
Prisoner COOPER (not on oath) made a statement to the jury in which he said he had lived in the neighbourhood of Shoreditch and Hoxton all 'his life; had been a cabman for 16 years. He was introduced to this man Stevens, but if he had known the things had been stolen he would have had nothing to do with it. He was not there when they were sold.
Prisoner SMITH had nothing to say.
Verdict, all three Guilty of receiving property knowing it to be stolen.
Against Cooper two previous convictions were proved; against Legas numerous convictions were proved, including one of three years' penal servitude on April 5, 1898. No previous conviction against Smith.
Sentences, Legas, Three years' penal servitude; Cooper, 18 months' hard labour; Smith, Six months' hard labour.
BEFORE THE RECORDER.
(Thursday, May 30.)
Sentence, 18 months' hard labour.
Mr. Allan Ramsay prosecuted.
HENRY BAXTER , 24, Prince Regent Lane, West Ham, organ grinder. I have only one arm, and I go round with the organ which I had on hire. Porter has been helping me drag it for a fortnight, and I pay him 6d. or 8d. a day, according to what I take. I stable the organ at the "Abbey Arms" public-house. On May 10 I left it there at 11.15 p.m., and appointed with the prisoner to meet me at 10 a.m. the next morning, when I learnt from the barman that prisoner had taken it away at 8.45 a.m. without my authority. He has taken it away before, and I threatened to lock him up if he did it again.
WILLIAM PARKER , barman at the "Abbey Arms." On May 11 a man in a light coat whom I do not recognise came to the private bar and asked me to let him have the organ, saying that his boss had left it there. I let him have it.
Detective-sergeant FREDERICK STEPHEN. On May 11 I arrested the prisoners, accompanied by Detective Edwards and prosecutor. I said, "This man charges you with stealing his piano organ this morning." Both prisoners said, "All right." On the way to the station Williams said, "I met this man (Porter) in New Barn Street. He told me he had nicked the organ, and asked me to go with him to Grays. I said I would go if I thought we would not get nicked. Porter said, 'We shall not get nicked,' so I went with him." On the way to the police court on May 13 Porter said, "I shall get old Joe (meaning Williams) out. If we had not been pinched we should have been in the old country now"—they were going to travel in the country with the organ. Porter is a native of Canning Town.
Detective JAMES EDWARDS. Stephen and I arrested the prisoners at South Woolwich and took them to Plaistow. On the Free Ferry Porter said, "Cannot I have a say to him (Baxter), and ask him not to charge me, and I will swear for the organ on Monday?" I said. "No, you cannot." He said. "If I get at him, God blimey, he will have to go through it." They were charged at Plaistow, and made no reply.
Before the magistrate Williams said. "This is the first time I have ever been locked up." Porter said, "I have nothing to say and no witnesses to call."
WILLIAM (not on oath). This is the first time I have ever been in this place before. I have never been locked up or punished.
Verdict, Williams, Not guilty; Porter, Guilty.
Porter confessed to having been convicted of felony at this Court on April 13, 1906, receiving 12 months' for burglary, after six previous convictions. Sentence, 20 months' hard labour.
BEFORE JUDGE RENTOUL.
(Thursday, May 30.)
JONES, Alfred (30, dealer), and LOWE, William (39, clerk) , feloniously stealing and receiving a mare, set of harness, a governess car, two lamps, a rug, and two bridles, the property of Sidney Walter Robinson.
Mr. Knight prosecuted; Mr. Rooth defended Jones, Mr. Forrest Fulton defended Lowe.
SIDNEY WALTER ROBINSON , builder, 77, Offered Road, Walthamstow On April 12 last I had a chestnut mare pony, a governess car, and other articles. The car had my name on. I left them in my stable at midnight. The next day I found the lot gone. I had authorised no one to take them, and end not know where they had gone. I then complained to the police. I was called by the police on the Thursday following to some mews at Islington, and there identified the property. I did not see the prisoners there.
Cross-examined by Mr. Rooth. The prisoners are strangers to me. I have never seen them about or near my premises. The mews are about four or five miles from my place. None of the harness had my name on, but I had means of identifying it. I did not identify some bridles that were not mine. The mare was in the same condition as when I lost her, but was rather dull. She had been well treated. I gave 30 guineas for the car. I have no receipt for it. I bought the pony at Aldridge's. I know the Barbican Repository. There is a good deal of horse dealing done there. A lot of business is done outside by outside dealers. When buying horses there, apart from examining them, one makes no inquiry.
Re-examined. It is usual at Barbican to sell a pony, car, and harness all complete with a name on. The purchaser then would have a right to sell it if his was not the same name as on the car.
Detective-sergeant JOHN KENNARD, N Division. I kept casual observation on Jones, with other officers, for about a month. I have kept observation on a stable at 2, Brooks by Mews. I have seen Jones visit there almost daily during the month prior to his arrest. I saw Lowe there on the 17th, the day previous to his arrest. Jones was there too. They remained in the stable for about 15 minutes, then left, and returned shortly afterwards, closed the door of the
stable behind them, remained about 10 minutes, and then wont away together. On the 18th, about 10 a.m., I saw Jones go there; he went into the stable with a key, and shortly afterwards Lowe came up. Jones afterwards pulled the governess car out, and Lowe brought out a piece of timber, tilted the car on it, and Jones washed it. Lowe waited about there for some time. They eventually pulled the car back into the stable. We had a description of the missing car, and thought it answered the description. I in company with two others went to the stable door about 12 o'clock. I said to Jones, "Who owns this stable?" He said, "I don't know." He then made a rush for the door. I seized him. He then took from his pocket the stable key. I then told him that we had reason to believe that the horse and governess car had been stolen from Walthamstow. He made no reply. Sergeant Tanner arrested Lowe, who was there. They were taken to the station. On the way Jones said, "I bought that lot out-side of Barbican for £45; this man has only come round to go out for a ride."
Cross-examined by Mr. Rooth. I was near the stable every other day. I could see Jones there; I do not know whether he could see me. I was concealed in a garden near by. There was nothing suspicious in Jones washing the car. I said to him, "Who owns these stables?" I am sure of that. There are about 12 or 15 stables there. I made a note of west I said shortly afterwards. He did get excited, but he did not get out of the stable; he did not have the opportunity.
Cross-examined by Mr. Fulton. As far as I know, Lowe was only there on the 17th and 18th. He was told by another officer that he could consider himself in custody. He went quietly, and made, no attempt to escape. Without communicating with one another, Jones made the statement that Lowe had nothing to do with it, and that he only came round for a drive.
Detective-sergeant TOM TANNER, N Division. I kept casual observation on Brooksby Mews for about a month prior to April 18. I saw Jones there almost daily, that is to say, when I was there. I saw Lowe there on April 17. The last witness was with me. Jones and Lowe went into the stables together. On the 18th they came to the stables, and after keeping observation on them for some time we saw Jones bring a governess car out of the stables, Lowe put a board under it to tilt it, and Jones washed it. As it answered the description of the stolen car, we went there. The last witness, with Police-constable Hall, arrested Jones, and I told Lowe that he could consider himself in custody. He said, "What for?" I said, "On suspicion of stealing this mare, car, and harness." On the way to the station he said, "This is rough for me. I only went round to go for a drive with him." At the station he was searched, and £53 13s. was found on him, a pocket-book, two knives, and other property. They were subsequently charged. Jones said, "This man" (meaning Lowe) "knows nothing about it; he only came for a drive with me."
Cross-examined by Mr. Rooth. I have been to the stable alone.
Cross-examined by Mr. Fulton. The 17th was the first time I saw Lowe. He made no attempt at resistance or escape when arrested.
Inspector JOHN MARTIN, N Division. On April 18 last I was in charge of the Lea Bridge Police Station, and saw the two prisoners there. Jones said, "This gentleman I met yesterday; I asked him to come round to my stable this morning for a ride. I am sorry he is mixed up in this job." Lowe said nothing.
WILLIAM JAQUES , 347, Liverpool Road, Islington, builder. I have the letting of the stables in question, and let them to a man named Grew on February 28 at 5s. 6d. per week. He went into occupation. I never go to the stables.
Cross-examined by Mr. Rooth. I have never heard of the stables being sublet.
ELLEN JAQUES . I am the last witness's wife. On February 28 last the stables were let to Mr. Grew at 5s. 6d. a week. A Mr. Douglas was then to take them. Three or four people paid the rent, which was paid up to April 15 or 17, I am not certain which. I do not know the name of the man who paid the last rent; he was a short, stout man. I cannot say for certain, but I think Lowe came once and paid the rent. Jones never did. I have had no occasion to go to the stable.
Cross-examined by Mr. Rooth. The rent has always been paid. The stables were taken verbally. Grew took them in the first place and Douglas afterwards; "Douglas" was the name that Grew gave, I think. As long as we get the rent, we do not mind if the stables are sublet.
Cross-examined by Mr. Fulton. I generally received the rent, when asked to pick out the prisoners I could not at first recognise anybody, then afterwards I thought I remembered Lowe. I do not know whether Lowe was ever at the stables, but he is something like one of those who paid the rent once.
ANDREW WILLIAM BOYLE , 79, Offort Road, Barnsbury, labourer. I have worked at Brooksby Mews for the last three or four months. I have seen the prisoners there. I have done jobs for Jones. He was there every morning. I used to clean the harness and horses. There were three horses there at different times. I first saw Lowe there on Monday, the 15th. On that date there were in the stable a governess car, horse, and set of harness. I saw the prisoners in the stable the next morning, and on the 17th and 18th. On the 18th they washed the car till the police came. I saw the police there on the 18th.
Cross-examined by Mr. Rooth. There are about seven or eight stables in the mews. There are about eight cabmen there and also milkmen. I worked for others in the mews. Anybody could have walked into Jones's stable; the door was always open. There was no secrecy about the place. I have made no mistake in what I have said.
Cross-examined by Mr. Fulton. I said at the police court that the rap was there two days before Lowe came to the stable. I saw Lowe first on the Wednesday, not on the Monday.
Detective WILLIAM HALL, N Division. I was present when the prisoners were arrested. I searched the stable, and found a quantity of Harness and other articles. I took them to the police station, where they were shown to witnesses.
JOHN HALLIDAY , 214, Burdett Road, Bow, draper. I owned a trap, harness, and other things until April 1 last, when they were stolen from the stables in St. Pauls Road. I next saw them at Islington Police Station, where I identified them.
Cross-examined by Mr. Rooth. There was a lot of property there which was not mine.
ALFRED JOHNS (prisoner, on oath). I have been at 4, Brooksby Mews, Liverpool Road, for two or three months. I bought the pony, car, and harness in question at the Barbican outside market on, I think, Tuesday, April 16, from a bookmaker; I do not know his name. I had not seen him before. I am a professional horse dealer. There is no need to make inquiries when buying, if the thing is worth the money. I gave £45 for the lot. The mare was rather queer at the time; she wanted doctoring. The man I bought it of said be had been fined £50, otherwise he would not be selling. I had known Lowe two or three days previous to the police visit. He came round for a drive; I was going to drive him to the railway station. I believe he is a horse dealer. I had met him just (previously at St. Martin's Lane. He was was helping me to get the car ready. When the police said they were police officers I did get excited, so would anybody, I should think. The other articles in the stable I bought in the Cittle Market. I believe some three or four months ago.
By Mr. Fulton. The Wednesday was the first day that Lowe came to my stable.
By Mr. Knight. I have been living at my sister's place since my wife eloped; that was about sir months ago. Before I had these stables I used to stand my things at my father's. On April 12 I was at a public-house called "The Blue-Eyed Maid" the worse for drink. I staved—there till 12.30, closing time. I then got in a cab and went to my sister's, John Street, Clerkenwell. I let myself in. I got up next morning about seven or eight. I bought these things from a bookmaker; I do not know his name or address. I saw the name of "Robinson" on the car. I did not remark on that when I bought it I did not take a receipt then, but the seller is going to send me one. I had £50 working capital. It was my own money got through dealing.
Re-examined. At the horse market there are always plenty of people about. We never think of asking one another's address.
WILLIAM LOWE , 19, Elliston Road, Hackney (prisoner, on oath). On April 18 I was with Jones at this stable. I first met him on Wednesday, the 17th, at St. Martin's Lane. I had known him by sight before. He said he would meet me next morning at the Highbury "Cock." I told him I was going to Wimborne in the afternoon, but that I might give him a call in the morning. I called round about 10.30 or 11, and he said he was going to show his turnout to a book-maker, would I go with him, and he would give me a drive to the station afterwards. I rubbed up the back of the car at Jones's request. I had never seen it before in my life till that morning, or the pony or harness either. I have never done business with him or had a penny from him. I had £53 upon me at the time of my arrest suit was not part of the proceeds of this trap or anything to do with it. I buy and sell horses and second-hand clothes. Most of the money belonged to my wife.
By Mr. Knight. I am a horse dealer. I have not got a stable. I had one six or seven months ago at Manchester. My wife helps me in business. She has a savings account, not a banking account. The £53 was our earnings. She gave me £23 of it. I have no witnesses to show where I was on the Monday and Tuesday mornings. I never told Jones where I lived, I was not going to catch any particular train to Wimborne, as long as I got there that night; there was to be an auction there the next morning. I had no intention of buying this pony and trap.
Verdict, both Guilty of receiving.
Jones confessed to a conviction of felony at Clerkenwell Sessions on July 29, 1905, and Lowe to a conviction in the name of William H. Ford , of conspiracy to defraud at Huntingdon. A large number of other convictions were proved against Jones and a number against Lowe Sentences, Jones, Four years' penal servitude; Lowe,' 18 months' bard labour.
BEFORE JUDGE RENTOUL.
(Friday, May 31.)
WOOLGAR, Samuel (29, seaman), and MANNING, Paul (56 seaman) , both stealing one Box, one contract note of wages, one luggage ticket and the sum of 17s. 6d., the property and moneys of Pierre de Potter, and feloniously receiving same; both obtaining by false pretences from the Great Eastern Railway Company one kit bag and a quantity of clothing, with intent to defraud.
Mr. Austin Metcalfe prosecuted; Mr. Aubrey Davies appeared for Manning.
Mr. Metcalfe said that unfortunately he was not in a position to go on. The charge was one of robbing a Belgian seaman, who after prisoners
were committed went to his home in Belgium, promising to return. This man, De Pooter, had nothing to gain, as the goods which are the subject of the charge have been recovered, and probably, therefore, he was not very enthusiastic about rendering assistance to the English law. It seemed a pity that the police had not power to detain seamen who were prosecutors, as the country was put to great expense, and justice, as in this case, was defeated. There was no hope of obtaining this man, or he would ask that the hearing might be adjourned to next Sessions.
Judge Rentoul directed the jury to return a verdict of Not guilty, no evidence being offered, and prisoners were discharged.
Mr. Metcalfe asked that the recognisances of De Pooter might be entreated, as there might be possibly some means of making him answerable for, the difficulties into which he had thrown the prosecution.
Judge Rentoul ordered accordingly.
BEFORE JUDGE RENTOUL.
(Wednesday, May 29.)
Verdict, Guilty. Sentence, Three months' imprisonment in the second division.
Mr. Metcalfe prosecuted. Mr. Bohn defended.
FRANK HUNT . I am a private in the Royal Field Artillery, stationed at Woolwich. In April last I was living at 81, Martin Road, Leyton. On April 29 last, about 10.30 p.m., I went to the "Commercial" public-house and then went to 9, Frederick Street, Stratford. I stayed there from 10.30 to about 12.40. While there the prisoner and another man came in. The prisoner said someone had taken a liberty with him, "No one shall take a liberty with me." I said, "No one has taken a liberty with you. Why don't you go home?" With that he started jawing and struck at me, but I dodged him and struck him with my right. This was outside the house. We had a bit of a scuffle, and I then felt something trickle down my side and felt a pain. I came over a bit faint, and was taken into the house. My left wrist was bleeding. A constable was fetched, and I was taken to the police station and attended by a doctor there. There was only me and the prisoner fighting; no one else hit me at all.
Cross-examined. There had not been a good deal of drinking at tikes house; I had had a drop of beer. I saw no knife in the prisoner's
band. There were other people there after I was stabbed. I noticed two young fellows rush towards me. The people round me were not more or less drunk. I saw a gallon jar of beer in the home. I have been to this house before. I am friendly with the proprietor of it. It is a respectable house. When I got away from the prisoner I was on top of him, but I do not see how I came off best. On the way to the station a young woman came up and said something about me having a knife in my hand. I said I did not wish to have any more to gay till I got to the police station. I said at the police court that I made no reply to her.
Re-examined. I do not know the woman's name, but she is here to-day. I had no knife in my hand, and I was stabbed. The prisoner was not stabbed, as far as I know.
WILLIAM SPEARS , labourer, 9, Frederick Street, Stratford. The disturbance in question took place outside my house. The prosecutor was in the house, and I saw him going out. I was not there during the evening. At 10.30 I Went for a walk, returning a little after one. The prisoner and Hunt were having a row, and I saw them fighting with their fists in the middle of the road. No one was interfering with them. They both fell to the ground and laid there, then Hunt got up and shouted out, "I am stabbed in the back!" I then ran up with a man named Nevitt. The prisoner was then on the top of Hunt. I caught hold of the prisoner's hand and saw a penknife in it open. A young woman named Sage came up and snatched the knife. I have seen her here to-day. When I caught hold of the prisoner's wrist it was bleeding, and there was blood on the knife.
Cross-examined. I did not say anything at the police court about the prisoner's wrist bleeding, as I was not asked. I was myself smothered in blood. I said at the police court that Hunt called out, "I am stabbed in the back!" not "I am stabbed!" We had not all been drinking. I saw a gallon jar of beer there. I cannot say if there was a lot of dancing and singing. If I said so at the police court there was. (The witness was asked if his recollection was not very hazy, but gave no answer.) The prisoner did call out "Police!"
Re-examined. I was not drunk, or Nevitt either.
BENJAMIN NEVITT , 9, Frederick Street, Stratford. I was with the last witness on the night of April 29. I left the house with him about 10.30 for a walk. We got back about 1.15. We were both of us sober. I saw the prisoner and Hunt fighting with their fists in the street. Hunt fell, and called out that he was stabbed. I did not hear him say where. We ran up and caught hold of the prisoner. I saw blood on Hunt; the prisoner's face was bleeding from his nose, that is all. I saw nothing in his hand. There was a woman there, but I do not know her name. I did not see her do anything.
Cross-examined. I saw no knife in the prisoner's hand. When the constable came up, the prisoner said that two men had robbed him and he, wished to give them into custody. I did not notice Hunt on
top of the prisoner. I did not see the prisoner kicked. I am never the worse for liquor, but I can do my share. I saw no blood on the prisoner's wrist, only on his face.
Police constable HENRY WARNER 523 K. At 1.45 a.m., on April 30, I went to Martin Street, hearing cries of "Murder!" and "Police!" I there saw the prisoner, and said to him, "I hear you have stabbed a man, where is he?" He said, "I have not stabbed any man; they have been knocking me about and robbing me." Nevitt said to him, "Yes, you have, and he is round at No. 9, Frederick Street now." I then went round with the prisoner to 9, Frederick Street, where I saw Hunt in the front room sitting on a sofa with his coat off. He said, pointing to the prisoner, "That man stabbed me in the back." The prisoner replied, "I did not do it; they have been robbing me." I found Hunt's shirt was covered with blood at the back. I then told the prisoner I should take him into custody for stabbing Hunt. He made no reply. He was then taken to the station and charged, making no-reply. This is the knife (produced) given to me by a Mrs. Sage. The blade wag covered in blood.
Cross-examined. The prisoner did not want to charge two men with robbing him, but he wanted to charge somebody. I made no note of his statement. I did not ask who shouted "Police." If the prisoner had done so that would be in his favour. Hunt was not searched to see if he had the prisoner's money on him; he was not searched at all, as far as I know. I made no inquiries as to the alleged robbery.
Divisional-inspector JOSEPH SHORT, K Division. At five a.m., on April 30, I saw the prisoner detained at the West Ham Police Station. I told him he would be charged with unlawfully and maliciously wounding Frank Hunt by stabbing him in the back with a knife at Frederick Street. He said, "I was coming out of the house where I was, me and another young chap who lives next door to me was together, when I was set about by someone, who put his hand in my left-band pocket. I was kicked, and I called "Police!' when Police-constable 523 K came up and I gave two men in charge for robbing and kicking me." He was drunk, not having recovered from the effects of drink.
Cross-examined. He was taken by the constable to the station. I presume he walked—the ambulance was not used or even sent for. He offered no resistance that I am aware of. I entered up no charge of drunkenness against him. The witnesses who saw the occurrence were more or less under the influence of drink. There were eight witnesses. 9, Frederick Street is a respectable house, as far as I know; I never heard a complaint against it. I did not know that the prisoner wished to charge some people with robbing him.
ALEC CROGONO , Assistant Divisional Surgeon, K Division. At 2.30, on April 30, I was called to the West Ham Police Station, and there examined Hunt. He had two stabs in the back one about the fifth rib about 1 in long and 1 1/3 in. deep; the other not so deep. He had
lost a considerable quantity of blood. I was shown this knife at the police court. The wounds might have been caused by this. There was blood on the blade. He was sent to the Whips Cross Infirmary on an ambulance. I have had nothing to do with him since. I examined his clothing. There were cuts on it. I examined the prisoner as well. He told me he had been kicked on the legs. Hit nose and ear were hurt. I found no injury on his legal then, but I examined him again a week later and found several bruises on both legs. The abrasion on his ear did not appear to have been done by a knife.
Cross-examined. They were serious bruises. The wounds on Hunt could have been done by falling on a very sharp railing.
GEORGE NAY (prisoner, on oath). I live at Manor Road, West Ham. I remember on this evening going to the house in question. After I left the house I was followed and robbed of 14s. and knocked about. I called for the police, and a constable came and was going to arrest the people for robbing me; they then accused me of stabbing a man. I had no knife, and have never carried one for 11 or 12 years. Whenever I wanted one I borrowed it. I do not know anything about this knife now shown to me. I was kicked, and my nose bled, and I had a nasty wound on the left ear. There were about six men struggling on the ground. They were all strangers to me. I was taken to the house by two women. I had a friend (Barron) with me. He got a black eye. There was a good deal of drinking going on that night at my expense, alto dancing and singing.
Cross-examined. I went to the house about 7.30 with Barron. I was with the two women about an hour before they took me to the house, drinking with them. I saw Hunt in the public-house before I went away, and he and his companions came into 9, Frederick Street about 10.30. There was drinking going on there till after one o'clock in the morning. I had about 30s. when I went to the house. I work for a bookmaker. I is untrue to say that I was fighting with Hunt. I never attempted to strike anybody with my fist or anything else. My nose, ear, and face were bleeding. There might have been blood on my wrist, but it must have been from my nose. I was excited over this false charge against me.
Re-examined. The women introduced Hunt, Spears, Nevitt, and three or four more to me in the "Commercial" public-house. I paid for their drinks.
FRANK BARRON , 10, Wetley Road, West Ham. On April 29 I was with the prisoner in the "Commercial" public-house for two or three hours. There were several men and women, including the witnesses for the prosecution. Afterwards we went to 9, Frederick Street. The prisoner took in a gallon jar of beer. The prisoner paid for drinks at the public-house. I left the house a little after one and returned shortly after for the jar which had had the beer in. The scuffle took
place just as I got to the gate. I received a blow on the ear. I think we were all more or less drunk.
Cross-examined. I said before that I was asleep nearly all the time. I was a little tired and a little drunk. Perhaps I was a good deal drunk. I saw nothing of the disturbance. I do not know who hit me. It was not Hunt, because he was farther up the street.
Verdict, Not guilty.
BEFORE THE COMMON SERJEANT.
(Thursday, May 30.)
MALYON, Arthur (26, dealer), EAST, Harry (52, greengrocer), and NEWELL, James Emanuel (32, dealer) , Malyon stealing one set of harness and one nose bag, the goods of George Clayton, and feloniously receiving same; Malyon and Newell stealing one cart, the property of Alfred Veates, and feloniously receiving same; all stealing five sets of harness, two rugs, one gelding, one gig and two lamps, the property of Thomas Nosworthy, and feloniously receiving same; Malyon and East stealing one gelding, one cart and one set of harness, the property of George Brett, and feloniously receiving same; Malyon and East stealing one gelding, one set of harness and one cart, the property of Robert George Pyne, and feloniously receiving same; East stealing one mare, one barrow and one set of harness, the property of Joseph Sayers, and feloniously receiving same.
Mr. W. W. Grantham and Mr. C. J. Salkeld Green prosecuted; Mr. G. L. Hardy defended Malyon; Mr. Hammond-Chambers, K.C., and Mr. Rafferty defended East; Mr. Attenborough defended Newell.
THOMAS NOSWORTHY , Crown Stables, Grove Yard, Victoria Park, jobmaster. On February 17 I left my stables safe between six and seven p.m. At 10 o'clock I discovered the burglary. I went to light the gas, and found my harness room had been cleared out. I had a telegram about 10 days afterwards from the police. I went down to Marlow and identified some sets of harness, a gig of the value of between £10 and £15. a horse worth about £30, a brass-mounted set of harness value £8, two plated sets, marked with a lion, for which I gave £8 5s. each, some lamps and some collars.
Cross-examined by Mr. Hardy. I could not tell you the date of the robbery exactly. If I told the magistrate it was February 9 it would be right. The horse I lost was a bay, black points, 15 hands. I bought it from my father. I have had it 14 months. There is a crest on the harness; I have not paid duty on it. The reins are similar to the harness—the same leather and metal; it is the ordinary kind of leather. There is no name on the reins. I have not recovered the lamps. My name was not on the gig; the colour was chocolate and red.
Cross-examined by Mr. Hammond-Chambers. I had tome brass-mounted harness, one set; the others were white metal. (Harness produced, and part handed to counsel.) That device on it is a crown; it resembles a crown. The same thing is on the pad. I bought the brass harness about Christmas time in St. Martin's Lane; they were very near new. (The reins produced were identified by witness.) The bridle was not stolen; it was dropped in the yard; I picked it up and took it home. There was a white metal bridle on those reins, which I left at the police station. The reins are not part of the brass-mounted set. I gave £8 for the brass-mounted set.
Cross-examined by Mr. Attenborough. I accuse Newell of stealing or receiving these three sets of harness—a brass one and two plated ones. I do not-know whether Newell had anything to do with the gelding that was stolen. I very rarely bought second-hand harness. The harness was like it is now when I had it back from the police.
Re-examined. I am positive that this is my harness. The robbery from my place has practically ruined me. It took place on a Saturday; I have it all written down at home.
GEORGE SWORDER , jobmaster, High Wycombe. I know East and Newell. I bought some harness from East last March, with an odd bridle. It was plated and had a stag on it, and was in a fairly good condition. I paid £3 15s. for the set. We pay £6 10s. for similar sets. You may pay more in London than in the country sometimes.
Cross-examined by Mr. Hammond-Chambers. This is the bridle I bought, but these are not the reins. These are added. The bridle has been altered since I bought it from East. It had a boss with a crest on one side. I do not think either of these pads is the one. The bridle is in the same condition as when I gave it to the police. I had added something, but took it off before giving it up. The reins I had were Melton reins, and had plated buckles; these are brass. I bought the harness at East's house, Marlow. Eat is very well known there; he has been dealing in horses as long as I can remember. He has borne an excellent character. I have had a good many dealings with him. I should not have given more for the harness at public auction. There was no secrecy about the transaction. The reins that are missing would be worth about 10s. secondhand.
Cross-examined by Mr. Attenborough. I have known Newell for several years. I have dealt with him many times, and always found him a respectable man. The brass set of harness valued by Mr. Nosworthy at £8 I would put at about £5, and the silver-plated set you would buy at about £5 secondhand at Aldridge's and such places.
JAMES PRICE , Barwick Road, Marlow, dealer in peas and potatoes, horses, etc. I know East very well. I remember a conversation with him about a Russian cob about three months ago. It was in Wright's possession when I first saw it, then in East's. East told me he gave £9 for it. He told me afterwards that he sold it at Henley Fair to a fishmonger there. He said he got £6 and another horse worth £6. I saw a blue roan in Malyon and Wright's possession. After that I
saw it in East's possession. He said he gave 10 guineas for it and another roan mare. I know Malyon and Wright, and have seen them about together, having transactions with horses. East told me once that he had bought some harness from Wright and Malyon; I could not say when.
Cross-examined by Mr. Hardy. I have known Ned Wright for three or four years. I have sold him a horse or two. The first time I saw him about Marlow was last summer. Malyon was with him then. It was Wright who first approached me about buying horses. I have known Malyon since last summer; I have heard him say that he was a rabbit dealer also. There is a cattle market at Marlow, and occasionally horses are sold; receipts never given. I should think I have had about half a dozen transactions with Wright. As far as I remember, Wright and Malyon have always been together when I have seen them.
Cross-examined by Mr. Hammond-Chambers. I have known East all my life. He has always borne a genuine character at Marlow. I should not have given £9 for the Russian cob, but it is a fair price for it from a buyer's point of view. The price for the roan cob—10 guineas and a roan mare—was a fair price. Wright and Malyon used to go to Marlow Market, and anywhere where they could hear of horses. I did not think there was anything suspicious in buying the horses off Malyon and Wright or I should not have been in their company. I saw the harness that East bought. I think he said he gave £3 5s. for it. I did not take much notice of it.
Cross-examined by Mr. Attenborough. I have been at Marlow all my life. In August last year I introduced Wright to Newell. Newell showed him some horses and Wright bought two from him. I drove about with Wright in a gig. There was nothing suspicious about Wright. I have known Newell a good many years, and as a very respectable man.
Re-examined. I should think the Russian cob was from seven to eight years old. I could not tell exactly. The blue roan would be about three. I did not know Wright's address. He came to Marlow pretty frequently. I could not say whether he has been there lately frequently.
Detective GEORGE FRIEND, J Division. On March 23 I went to Malyon's stables, 243, Wood Street, Walthamstow. I found this jimmy and a small chisel. I am certain those were Malyon's stables. On April 23 I went to Mr. Nosworthy's place at Old Ford. I examined the front gate, the yard gate, and also the harness room. I compared the jemmy with marks on the gate and in the harness room and found they compared with this instrument.
Cross-examined by Mr. Hardy. I am wrong about the date. It was March 22, at 8.30 in the evening. I was present then when Malstrument you was arrested. I went to Malyon's house. I am not sure of the number 234 or 334. There was no number to the stables. The inI found is a jemmy—a burglar's tool. I do not know
whether there is any name on it. I told Inspector Divall the result of my search on the next day. Detective-sergeant Talbot was with me when I found the things. The jemmy could be used for any purpose like opening cases or drawing out nails. There is no doubt you could go into any shop and buy one like it. A similar jemmy would make the same marks on a door. The chisel could be used for opening rabbit cases.
Sergeant JAMES PEARCE. On March 30 I visited a field in the occupation of East, at Dean Street, Great Marlow. I saw several horses, amongst them a blue roan, which was afterwards identified by Mr. George Pyne. I then saw East at his residence in the same street. I said to him, "What transactions have you had with Arthur Malyon and Ned Wright?" He answered, "I bought several horses." I said, "Did you buy a blue roan?" He replied, "I bought a blue roan on March 12; I gave £10, and chopped a roan mare; it is now in my field." I asked him, "Did you buy a Russian pony?" "Yes," he said, "and sold it on March 7 last at Henley Fair. I bought it on February 20 last from Ned Wright and Malyon for £9." I said "Have you bought a chestnut colt about five weeks ago from Malyon sad Wright?" He said, "Yes; I sold it to Mr. George Field. The next about Christmas a dark bay mare from Wright, and sold it to Lane, Well End; the next a Welsh bay pony before Christmas for £3 10s.; and a chestnut pony from Malyon and Wright at Marlow, and sold it back to Malyon at Beaconsfield Fair, who sold it to Alfred Eden for £12 or £13; the next a gray cob six months ago from Malyon and Wright, and another cob, and sold it to Spindle, Know Hill." I then left, and took possession of the blue roan which I had seen in his field. The Russian pony was identified by Mr. Brett, of Edmonton. On the following day, March 31, East went to my police station voluntarily, and had a conversation with me. He said he had bought a (brown cob mare about three months ago, and sold it to Joe Hutchings, Reading, also a set of brass-mounted harness; the harness was at once fetched from his premises. That is not the subject of any charge. The same week I received parts of four sets of harness from George Sworder, Lane End. I found a gig in Frank Price's possession. The gig and harness were identified on April 5 by Nosworthy. On April 8 I saw Newell at Crook's Wood, Stoken-church. Superintendent Summers, who was with me, told him he had come to see him in reference to some harness, and cautioned him. Newell's statement, which I took down and signed, was as follows: "On February 12 I saw two men, one named Arthur; I didn't know the other man; they were driving a horse and cart. They sent a boy for me from the 'Five Alls' public-house, asking me to go down. I went and saw them. They asked me to have a drink, and said they had several sets of harness which they had bought at a sale cheap—in London, I believe. They fetched some of it in, a brass set, which I bought for 50s.; they asked £3 at first. Then they
fetched two other sets. I gave them £6 10s., and they owed me 5s. over a horse deal. They had two or three odd bridles. I sold the two seta to Mr. Loosley, of High Wycombe, the following Friday, for £8 and a set of pony harness. I made no inquiry where it came from. I first knew Arthur through James Price, of Marlow, bringing him to look at two horses. I chopped two horses and a cart with these two men at 'Five Alls' for a cart with rubber tyres, which I have still. This was the Tuesday before Christmas. There is a name on the shaft. I believe it is 'Smith, Dealer, Hounslow, Middlesex.' I consider what I paid for the cart was—one horse £5, another horse £3, and cart £2, total £10. The same day, before selling the harness to Loosley, I stood with it in my cart in High Wycome Market and tried to sell it. Then I took it to Mr. Loosley's and sold it. The brass set I sold the same day in Wycombe Market to Mr. Weller, of Penn, for 50s. I told the sergeant, and a constable came to see me last night about some harness, and I asked him what I ought to do. He said he thought I had better take it back. I did so, and gave him back 50s. I went after dinner with the harness to Sergeant Jakeman, at Stokenchurch, and asked him if I should leave it with him. He said I had better take it back. I with to add that the two horses Price brought are there to look at. I sold them to him, which he paid for." I examined the cart in Newell's possession, and found the name "Smith, Dealer, Hounslow," on the shaft. I also found something (apparently names) on the body of the cart on each side, which had been erased. It was an ordinary tradesman's cart. I then went into the harness-room and found a brass set, which I took to High Wycombe Police Station. This was identified by Nosworthy and Veates. I also found two plated sets—the two sets here. These are the three sets that came from Mr. Sworder's.
Cross-examined by Mr. Hardy. East did not say whom he bought the blue roan from. I found out afterwards. The dark bay mare at Christmas time was bought from Wright alone. When Frank Price was arrested he told me some lies. When I saw him on March 31 he said he was going to the "Nag's Head" to see a cart and harness. He said he told a lie for the sake of his wife and children. He did not mention Malyon's name then, but afterwards. It is not on my note, nor on the depositions.
Cross-examined by Mr. Hammond-Chambers. At the time East made his statement there was no charge against him.
Cross-examined by Mr. Attenborough. I have only been in the Marlow district some five or six months, and did not know Newell before that time. Superintendent Summers told me there was nothing against Newell. His statement was partly made in answer to my questions—for instance, when he said he bad made no inquiries as to where the property came from, I had the harness which had been sold to Loosley when I went to Newell. As far as I know, every statement Newell made is true. I hare made full inquiries
within my district. I went to the "Five Alls" and saw Jordan, the landlord. I believe he is a respectable man. I asked him several questions, and he said he had been present when Newell bought the harness; the sale took place in his taproom, I think. He did not tell me that he had bid for the harness. I believe he told me that he had seen some harness brought in with an auctioneer's ticket on it, and that the men who were selling it had said they bought it at an auction. He said that Newell had given a very fair price for it.
Re-examined. Smith, of Hounslow, was a fictitious name. Price did not actually mention Malyon's name, but it was inferred by what he said.
GEORGE SWORDER recalled. (Bridle and reins produced.) This is the same bridle as when I bought it. I took the boss with the crest off and put a plain one on. These buckles were not on the reins when I bought them. The reins look extra wide to what they were when I had them. I would not swear they were the same reins. When the bridle was brought to me it had one boss on like that; on the other side there was nothing. When I gave it back to the police it was in the same condition as when I bought it. I remember a rubber tyre cart that Newell drove about in after Christmas; he tried to sell it to me. I should not take the cart at £30. I offered him a cart that cost £6 and 50s., but he would not let me have it. I should value it at about £10.
(Friday, May 31.)
Detective-inspector THOMAS DIVALL, J Division. On March 30, shout half-past 10, I was at Great Marlow Police Station. I saw East, and told him I was making inquiries with respect to a number of horses, carts, and harness that had been stolen in London and the country. He said, "I have bought a number of horses from Ned Wright and Arthur Malyon, and I will make a statement," which he did, as follows: "March 13, 1907.—I know Ned Wright wall; he was introduced to me by Jim Price, whom I have known all my life. I bought from Wright a gray cob, and gave £6 and another horse value £7. I sold the gray cob to Spindle, of Know Hill, for £8 and another horse, a ton of coals value £2, 100 bushels of potatoes value £6 5s. I sold the other horse with the potatoes and coals for £18. When I bought the grey cob from Wright, Jim Price and Arthur Malyon were present. Malyon came with Wright. I made no inquiries who Wright and Malyon were, nor where they came from. Just before Christmas I bought a dark brown cob from Wright for £6 10s., which I sold to Mr. Lane, at Well End, for £5 and a ton of hay, which I valued at £3 10s. About a fortnight after Christmas I bought a brown Welsh pony from Malyon and Wright; Jim Price was there. I gave Malyon £3 10s. and a chestnut pony value £9. I sold the Welsh pony to Malyon for £12. About six weeks ago I bought a chestnut colt from Malyon and Wright. I gave £6 and a
black cob—Jim Price was present. I value the black cob at £8. I sold the chestnut cob to George Field, Wood End, £14. On March 12 I bought a blue roan from Malyon and Wright. I gave 10 guineas and a roan mare. I believe I paid Wright. The roan mare I value at £6. On February 20 I bought a Welsh pony from Wright for £9, which I sold at Henley Fair on March 7 for £6 and another horse, which I sold the same day for £6. The roan pony I sold to a fishmonger at Henley. The Welsh pony I sold back to Malyon; he sold it to Alf. Eden for £12 10s. I saw Eden pay Malyon in cash, On each occasion that Malyon and Wright came here they came on the off chance. I looked on Malyon as the master. He always paid me when they bought any horses from me. He gave me his address on a piece of paper; it was at Wood Street, Walthamstow. Sometimes I have paid one of them, and sometimes the other. I bank St. Lloyds, Marlow branch. At present my account is about £10 or £15." After that statement, I asked him if he had bought anything else; he said, "No; he had bought no harness or carts." I said, "There must be carts and harness somewhere at Marlow." On the Sunday, the 31st, I told prisoner he would be charged with stealing and receiving a horse, the property of Mr. Pyne. He made no reply. He was charged at Bow Street, and made no reply. On a subsequent day East and Malyon were charged by Godley. I was in and out of the court at the time Jim Price and Frank Price are cousins, I believe.
Cross-examined by Mr. Hardy. I do not know whether I or Godley charged Malyon. When Newell was charged with stealing and receiving the property of Veates, he did say, "He (Malyon) was not there when I bought it." I forget whether I instructed Friend to search Malyon's stables on March 22. I know he reported to me that Malyon was in custody, and I said, "Do everything you possibly can." I think Friend told me the next day or so that he had found a jemmy and such like. I do not know what date that was. If prisoner said it was the 23rd it might be so. I arrested Frank Price. He told me lies at first. He denied knowing Wright and Malyon, and denied having bought horses and carts. Then subsequently information came to me and Pearce, and we found property in his possession. Then he said he had bought off Malyon. When East said, "I looked on Malyon as the master," it was not in answer to my question.
Cross-examined by Mr. Hammond-Chambers. East was not in custody when I saw him first at the police station. It entirely depended on his answers whether he would be arrested or not. There were several officers present with him. It was on asking him whether he knew Malyon and Wright that he made his statement I made my note of the statement just after East had gone. Many of the horses referred to in the statement are not the subjects of this charge. The blue roan on March 4 is one, the Russian pony on the
24th is another. These are the only two. I have no doubt his statements about the others are true. I did not ask East if he had bought any carts from Malyon or Wright. I swear that I asked him about harness that night. I did not say, "If there is anything you have forgotten, will you tell us in the morning. "He did come in the morning, but I was not there, and did not know what he said.
Cross-examined by Mr. Attenborough. I have not made inquiries as to the date of the robbery from Nosworthy. I saw Jordan at the "Five Alls." I believe he was perfectly honest and straightforward. He told me that he was present when the harness was bought by Newell. He did not say anything about the cart. I have no power to call Jordan as a witness. This is a private prosecution. I was acting as advocate before the magistrates. There was no solicitor engaged then. I think it was taken up on the second hearing by the solicitor, but he was unable to be present. If there was material evidence I should certainly call a witness. When I was acting before the magistrates it was only asking for a remand until the solicitor could attend. I have not been to see a butcher at Stokenchurch, who said he was present at the sale; nor heard of him. I told the magistrates that I searched Newell's premises and found everything satisfactory.
Re-examined. East did not tell me about the harness and carts that he omitted when I first asked him.
THOMAS NOSWORTHY , recalled. (To the Judge.) The exact date of the robbery is February 9. I identified the gig and four sets of harness. The gig had not been changed, barring the rubber, which was different, and the cushions were missing. I also identified the rug produced. The other rug, with Pearce, of Kingsbury, on it, has no been found. That was on the horse that was stolen.
Cross-examined by Mr. Hammond-Chambers. The bridle with the brass harness was not mine, and I left it behind. That has nothing to do with East. The plated harness (produced) is the one I got back from Sworder. I was not sure about the reins yesterday, but they are mine.
Cross-examined by Mr. Attenborough. I do not know whether the gig was ever in Newell's possession, and I do not know where that set of harness came from. I found it at the police station.
RICHARD JOHNSON HADDON , New Town, Marlow I know East. On March 7 I took four horses of East's to Henley Fair. I remember all the horses. The Russian cob was one. I think that, was sold to Mr. Holland. I had seen it in East's garden. I do not know how long before; perhaps more than three weeks. I do not remember whether two men came to East about that horse. I was not employed by East. When I had nothing to do I used to assist him with his horses. He asked me to drive them. There were often men coming in East's yard. I do not remember any particular ones. I remember seeing a blue roan in East's stables after Henley Fair. I saw Malyon and Wright there when I first saw the blue roan. I
was not with them to hear any conversation. They were driving the horse up and down the yard. Frank Price was there, too. I had seen Malyon and Wright there lots of times before. I do not know what they came about. The blue roan was turned out, and I drove it about. East told me he gave £10 and another horse for the roan. He told me he had bought it from Wright and Malyon. I said, "It is marvelous men coming down here selling these horses like this. They must steal them." He said, "F—them and their horses too," That is a very common word at Marlow. I could not give the date of this.
Cross-examined by Mr. Hardy. Sometimes I go to Easts stables every day for a week, and sometimes not for two or three months. I saw a good many horses there generally. I remember Wright and Malyon coming to see the Russian cob, because I was clipping it at the time. I thought when I saw them that the horse belonged to them; I knew it.
Cross-examined by Mr. Hammond-Chambers. I do not remember East telling me what he gave for the Russian pony. It would be bought about three weeks before Henley Fair. East had not bought it when I first saw it. I drove it about before the fair. Anybody can see the horses going in and out of East's stables. He has fields at well; one where he turns his ponies into; there is nothing to prevent anybody going up to the field and seeing what horses are there. I know the "Bank of England" public-house. East rents two fields next to it; I have not seen any horses there lately. The Russisa pony had a speck in one eye. It was about five years old. I never tried to sell it. I offered the blue roan to Field for £20; he would not have it. I have had experience of horses all my life; East I have known six years. He has borne a good character. I do not think he would do what he did if he thought it was wrong.
Re-examined. I should say the Russian pony was worth about £16; and the blue roan £28; that would be what a dealer would expect to get.
Police-constable WILLIAM GEORGE DARVILLE, Great Marlow. On Sunday, April 7, I went to Crooks Wood, Stokenchurch, with Sergeant Jakeman, to make inquiries respecting horses, carts, and harness stolen in London, and saw Newell. Jakeman asked him if he had purchased anything in addition to the cart, in the way of harness. He said, "No." I said, "I have come to fetch the sets of harness you purchased from two men about six weeks ago. He replied, "I have not had any." I said he had, and that I had come to fetch them; and that some of the harness had the crest of a lion and some a stag. He then said, "Well, you cannot have that, that is miles away." I said, "Where is it?" He then said, "I don't know that I am obliged to tell you, and I don't know that I am going to." I said "Well, do not forget I have asked you where it is." Sergeant Jakeman then told him, "You had better tell me and clear yourself."
Newell then said, "Well, I sold a double set to Mrs. Loosley, jobmaster, High Wycombe, and the other set was only an old brass one; I sold that to a man at Wycombe Market; I don't know who he was or where he came from. That was only an old brass set, and fetched about 10s."I asked him how much he had paid for the lot; he said about £9 or £9 5s., I would not be sure which.
Cross-examined by Mr. Attenborough. I have been five yean at Marlow; I did not know Newell, nor did he know me. I should think Jakeman knows him. We were both in uniform when we saw Newell. He was just going to bed. He appeared as if he was not going to tell me where the property was. I did not tell him I had some about stolen goods. He did not tell me all the truth; I heard afterwards. When he said he sold a set of harness to a man at Wycombe market for 10s., that was not true. I am certain he did not say £2 10s. I did not make a note of everything; and did not ask him where he bought the things.
Re-examined. There was a conversation about the cart. Newell said, "How about the cart? No one has told you anything about it; do you think it is all right?" The cart had been seen by another officer; I just had a look at it. I said I did not think it was all right, and I had no doubt somebody would be up in a day or two to fetch it.
Detective-inspector GEORGE GODLEY, K Division. On April 9 I saw Newell outside the "Five Alls." I told him I was a police officer from London, and that I would arrest him for receiving six lets of harness. He said, "I bought the harness in there," pointing to the "Five Alls." "Mr. Jordan was there"—that is the landlord. I said, "Can you give me the names and addresses of the men you bought it from?" He said, "No, they are London chaps. I think one is called Arthur Wright. "I then said, "I found a dark green cart in your shed, and that has been identified as stolen." He said, "I chopped two horses and a trap for that before Christmas with the same men. I reckon my lot was worth £12." I took prisoner to London, where he was charged, and he said, "I don't know anything about it. "I left the dark green cart in charge of the local police. That was identified by Nosworthy. On April 11 I saw East and Malyon at Stratford Petty Sessions. I told them who I was and told them what they would be charged with Malyon said, "I did not sell any harness to Newell. A man named Wright left a trap with Price. As to everything I sold down there, I can prove where I got it from. "East said, "I bought the harness and seven horses—four from Malyon and three from Wright. They were together when I bought six out of the seven."
Cross-examined by Mr. Hardy. Malyon's name was not mentioned in my interview with Newell. Malyon did not say that Wright had sold the harness to Newell. He said that Wright left a trap. The seven horses mentioned by Malyon were not the subject of any charge. Mr. Nosworthy's horse has not been traced.
Cross-examined by Mr. Hammond-Chambers. Price was not there when I charged East and Malyon. I did not tell East that he would be charged with selling three sets of harness to Newell and a trap to Price; that referred to Malyon.
Cross-examined by Mr. Attenborough. Before I went to Newell I had seen his statement. I do not know that all his statement was true. I think there were some charges which caused me to go and arrest him. I am referring to the statement to the constable, not to Pearce. I did not understand Newell to mean that he bought six sets of harness in the "Five Alls"—only three. There was no secrecy about the way Newell gave his information. When I told Malyon that he had sold three sets of harness to Newell, I firmly believed he had done so, though Newell had not mentioned Malyon's name. I thought "Arthur Wright" was two Christian names. What Malyon said did not disagree with what Newell said. I went and saw Jordan, of the "Five Alls. "He told me in a confidential manner a good deal about the transaction in his house. He said he did not wish anyone to know, because if it was found out that he had told me anything he would lose half his trade. He said he first gave information to the police that Newell had his harness. I believe Jordan's account of the matter. I know nothing about Smith, a butcher.
Detective-sergeant CHARLES TALBOT, J Division. I saw East at Marlow Police Station on March 30 about 4.30. I said I should arrest him for being concerned with Malyon and another man in stealing and receiving a roan horse, and that there would be other charges. He said, "I bought them all off Arthur Malyon." He was taken to East Ham, and on being charged made no reply.
Cross-examined by Mr. Hardy. East mentioned another man besides Malyon when he said he bought them all off the latter; then contradicted himself, so I scratched it out in my note. On March 22 I went with Friend to Malyon's stables. I do not know what the number was—I think it was 234. I found nothing there; it was Friend who found a jemmy. I was present, but I did not tell anyone about the result of the search. I gave evidence at East Ham on April 1 and on April 4 at Stratford on the second occasion. I regarded the finding of the jemmy as important. I heard from Friend that he had compared the jemmy with the marks at Nosworthy's stables. When I gave evidence before the magistrate there was nothing to connect this jemmy with Nosworthy's stables; the harness had not been found then; that was why it was not mentioned at that time. I was not recalled to corroborate Friend's evidence about the jemmy. I should call that a burglar's tool. I have not noticed the name on it; if I had I do not think I should have attached much importance to it. I do not think I have seen it since the night it was found. There is nothing unusual in the shape of it.
Cross-examined by Mr. Hammond-Chambers. When I arrested East I knew he had made the statements of March 30 and 31.
ROBERT BRIGGS , Kingsbury Road, Hackney Wick. I work for Mr. George Gayton, who has a stable at 15, Boscombe Avenue, Leyton. On September 18 I closed the stable and locked it up. On the 19th I found the side window had been forced open. I missed a set of harness and a nosebag (produced and identified).
Detective WILLIAM HIDE, J Division. On March 22 I saw Malyon at Wood Street, Walthamstow, driving a horse and tradesman's cart. I told him I should take him into custody on suspicion of shop-breaking at Leytonstone. He was taken to the station, and the witnesses failed to identify him. I asked him to account for the lot he was driving. He said, "I bought it 10 weeks ago outside Stapleton's from a man I should know again. I gave £15 for the pony and harness. I have no receipt. A man named Wright saw me buy it. I do not know where you can find him. I bought the cart off a man in Barking Road. I swapped it for another. "On March 30 he was charged with stealing a harness and nosebag, the property of Gaytan and Sons. That nose bag (produced) is the same as I found in his cart. There was also a rug in the cart, which has been identified by Nos-worthy. I believe prisoner said the nosebag was never in his possession. He shortly afterwards said, "It was brought to my stable by a chap who lives at West Ham. I do not know his name."
Cross-examined by Mr. Hardy. The cart and harness that Malyon was in have not been identified. I have made every inquiry to try and get the cart identified. The nosebag was found under the seat. The rug (or horse cloth) has no name on it. Malyon told me he swapped the cart with a man named Blummey, of Barking Road.
ALFRED VEATES , 21, Salisbury Road, Walthamstow, master wheelwright. I remember a robbery, at my place, through which I lost a cart. I last saw it on December 12 in my shop at Notts Green, Leyton. The next morning it was gone. My name was on it. It would cost £30 to replace. I made it about two years ago. I did not see the cart again till the second hearing of the case at Stratford. I saw it in prove Road, Bow.
HENRY HOLLAND , Henley-on-Thames, engineer. I bought a pony at Henley Fair from East on March 7. The majority of people said it was a Russian pony. I swapped a pony and £6 for it. I valued mine at £10; it was a little lame. The pony I bought was almost blind. I did not know his eyes were so bad when I bought it.
Cross-examined by Mr. Hammond Chambers. I did not know anything about horses. I valued mine at £10, and he did not think it was worth so much. As far as I know, it was a perfectly fair and open transaction; it was a very fair deal indeed. East has the character of being an honest man.
ROBERT GEORGE PYNE , 168, High Street, East Ham, greengrocer. I have a stable in Lathom Road Mews, East Ham. On March 4 I left my stable safe, and the next morning the horse and cart and harness were gone—a blue roan horse, which I value at £30. I had
had an offer for it just before of £20, but I aid not want to sell it. I next saw the horse on Easter Sunday at Marlow, in the possession of the police. I have not seen the cart and harness yet.
Cross-examined by Mr. Hammond-Chambers. I had bought the roan gelding 12 months before from a man named Smith in our neighbourhood. I gave £22 for it. I did not use it much; not in the business; only when we went out occasionally. I have eight horses altogether; the others are used also for pantechnicon work.
ARTHUR EDWARD FERN , Cook's Road, Bow, carman. I am employed by Joseph Sayers. On November 23 we had a roan mare in the stable, locked up with a cart and harness, at 610 in the evening, At 6.45 I went back and found the mare, the cart, and harness had been taken out. The gates had been closed, and part of the broken lock fixed in the gate to keep it together.
Cross-examined by Mr. Hammond-Chambers. The mare had something wrong with her legs; the mark of a horseshoe nail on the side; the front leg was what is called cat-footed; the knees of the front legs were closed in a bit in front.
Cross-examined by Mr. Hammond-Chambers. I bought the roan mare on June 5 last year. It was cat-footed then, and bad this mark from a nail; but it was not lame. I gave £20 for it. I only used it now and again in going out for drives.
WILLIAM JOSEPH HUTCHINGS , Reading, horse dealer. I have known East some time, and found him straightforward. On December 13 last I bought a roan mare four years old at Marlow; I gave £12 10s. for it. On April 8 I was present when Mr. Sayers identified it.
Cross-examined by Mr. Hammond-Chambers. £12 10s. was a fair price for the mare. I have known East 20 years, I should think. This was a perfectly fair and open transaction. I have tried to sell the mare several times; I could have sold it for £15, after keeping it some time.
(Defence of Malyon.)
ARTHUR MALYON (prisoner, on oath). Before this case I lived at 32, Rinford Road, Wood Street, Walthamstow, off and on for seven years. This is the first time I have had any charge against me About nine months ago I met a man called Wright, at West Ham, Before that I was buying fruit and rabbits and selling them at my stores at Wood Street. I used to buy a pony now and again, and sell it if I could get a profit on it. I had not dealt in knackers before I met Wright. When the latter met me he asked me to go and buy two knackers. I used to sell the knackers to George Bone, the knackerman. That was after I knew Wright. He asked me one day to come and buy a knacker at West Ham that had been stopped
from working by the police. I went with him and bought it. Then he took me to Marlow to buy knackers off Jim Price and East to bring to London to make a profit. We went to Price's yard, and he introduced me. Price and he took me to various farmers round about to buy horses. I had not been to Marlow before I met Wright. I sold East a grey Russian pony and another small pony I bought from Abingdon. Wright was present then. He has been there several times buying and selling horses without me. I have never been there without Wright. What I sold I took the money for, and what Wright sold he took the money for. Wright did the talking and bargaining. I left Wright about two or three months before this trouble. I was losing money out of his horses, and I told him it was no good two of us being together. We could not earn a living. I said I would go back and work at my stores. Wright owed me money then. After that Wright came to me and asked me to buy a roan horse. I told him I had no money to buy horses. I could do with the money he owed me. He asked me to go back with him, but I would not agree. He said, "If you come to Marlow I will pay you something off what I owe you." Then I went with him to Marlow, and the next day he sold the roan horse, gig, and harness to East. This was about a month before I was arrested, I think. I was present, but took no part in the sale. I received no money from East, and never have. That night Wright paid me 30s. I saw a Russian cob in East's stables before this, but I had never seen it anywhere else. Wright and East and Haddon were there when I saw it I did not know it was there before I went. I had no transactions after that with Wright. He left me in London on the same night as I sold the horse. He told me he was working for a man in London. I thought I should see him again. He still owed me £4 10s. I remember Detective Godley telling me I was going to be charged with stealing some property from Nosworthy's stables, and saying I had sold three sets of harness to Newell. I never sold him any in my life; nothing whatever. When I first went with Wright I started with £40 of my own, all of which I lost, very near. I never received any money from people to whom Wright sold horses. The jemmy referred to is mine. I borrowed it from my brother-in-law for opening rabbit cases. It was in an open box when it was found. In regard to the nosebag, a chap who was working for me used to hire a pony barrow and harness for 6s., and he brought the nosebag home in the barrow. I did not know that nosebag was in the cart that day when the detective saw me. I gave 1s. 6d. for the rug to a chap named Brockley, who came to me on a Saturday night as my pony was being clipped, and offered the rug to me. I think that was just before Christmas, or just after. I have never looked at the rug for a name. I have never stolen the harness produced, nor any other property, nor seen it before it was produced at the police court.
To Mr. Attenborough. I have never sold anything to Newell. I once met him at a market; I forget the name of it. I never did any business with him.
To Mr. Hammond-Chambers. I was present when Wright sold the blue roan gelding to East. The transaction took place in a beerhouse close to East's yard. There were several others present. We were all in the bar, and Wright and East went out and had the deal out of our company. I saw East give Wright some money and another horse in the afternoon. I believe it was £10 or 10 guineas. It was a very fair price for it. I was present when one set of harness was sold by Wright to East, but did not take any notice of it. I was not present at any other transaction connected with this case.
Cross-examined. I am 27. Wright is a good deal older. I have known Wright for a long time, being about with dealers. I have not known him so long as 10 or 12 years; about six or seven years. I do not know whether Wright was a friend of East's; he had known him before I had. Wright never introduced me to Newell. It was nine months before my arrest that I met Wright, who lives at Plaittow. I know same of the places where the stolen property comes from. I know all round about the district. I know Marlow now. I have been to Thames Market, High Wycombe, and Beaconsfield Markets. Wright and East and I have often been together. Wright used to come to me until he owed me this money. When I went to him I had two nosebags besides the one which the chap said he had picked up in Stratford Market. I never sold the cart belonging to Veates; never had any dealings with it. Wright went to Marlow by himself sometimes. I was not present when any harness was sold to Loosley. I do not know Sworder. I sold East three ponies myself; that was besides the roan and the Russian. I was not there when the Russian was sold. Wright may have been there when some of my ponies were sold. When we took horses to Marlow I drove them down by road. There are no markets round Walthamstow; the nearest is about eight miles—Romford. I do not know Wright's past history; I never heard he was in trouble; never took any notice. He has not been in prison since he has been with me. I believe he has been in trouble before. I know he has been in prison. Brockley lives in Walthamstow; I have known him for two or three years; seen him about. I bought the rug about Christmas. I cannot account for the fact that it was stolen on February 9—I do rot remember the date exactly; I know it was Saturday night that I bought it. The jemmies for opening boxes are always made like that one. A man stands in Smithfield and Billingsgate Markets selling them at 1s. 2d. each. I never heard of Percy Styles, nor Beard or Long Beard), nor Butler.
Re-examined. The three ponies I sold myself to East are not the subject of this charge. (Edward Brockley was called into Court and identified as the man from whom witness bought the rug.)
(Saturday, June 1.)
(Defence of East.)
HARRY EAST (prisoner, on oath). I am a fruit and horse dealer, living at Marlow, where I have carried on business for 23 or 24 years. I first Knew Wright and Malyon about last September at Marlow; they were trying to buy horses. I should think the first deal I had was the end of September, when I bought a grey cob—I gave £6 and a horse that cost £7. I sold the horse to Spindlo, Know Hill, for £8 and another horse. I made about £3 on the transaction. I sold them a few horses after that; sometimes I sold them four or five at a time, sometimes three, sometimes one. I sold them four or five times as many as I bought from them. I had no suspicion there was anything wrong with Wright and Malyon. The deals sometimes took place next my house or in the street, or in a public-house, the "Chairmaker's Arms." Sometimes Wright and Malyon were About every week, sometimes not for a month. I do not keep books for these matters; only in reference to fruit, etc. I bought the harness about the middle of February from Wright and Malyon; they came to my yard with the harness. I gave 55s. for it; it was short of collar and reins. I sold that to Sworder, who came to my house and said James Price had told him about it. I asked £4, but let him have it for £3 15s. I know nothing of any other harness in this indictment. I bought the Russian pony on February 20 off Malyon and Wright. They came to me about a fortnight before. Malyon was supposed to be a man who let ponies and barrows on hire at so much a week; and he said the man who had the Russian pony was treating it so bad that he would take it away and let him have a cheaper one. He said he would send the pony to me; I said, "Don't you do that"; I was not going to buy it without looking at it. Wright brought the pony on February 20, and pulled up at the "Mint," where I was. I drove the pony about three miles; then offered him £9 for it. We were bargaining from nine in the morning till about four in the afternoon, when he agreed to the £9. I gave him a cheque, and he said, "Can't you pay me in money?" I said I had not enough; and he replied, "I don't know how I shall get on to-day; I haven't no money with me"; so I lent him half a sovereign. I next saw him on February 27; he came to my yard with Malyon, and said, "I don't take no more cheques; I went to a sale the other day and bought some horses, and the auctioneer would not take the cheque as he did not know you." Malyon produced the cheque and gave it me back; I then tore it up and gave them another cheque, which was cashed at the bank. I sold the Russian pony at Henley Fair on March 7 for £6 and another horse worth £6; £12 in all. On March 12 I bought the blue roan gelding from Malyon and Wright; they brought it up to my yard in the morning, and I offered to chop
another horse for it. We could not agree, and they went away to breakfast, leaving the horse with me. Frank Price came to me later and said there was another man after the horse. I went down to the "Chairmaker's Arms," where they were; finally I gave them 10 guineas, and another horse worth £6. They were both there when I paid them. I offered the gelding to George Field for £20 the same night, but he would not take it. I never sold the gelding. I know nothing about a cart and harness belonging to Mr. Pyne. About January or February (I am not sure) I saw a roan cob in a yard belonging to William Price, as I was passing. As I was looking at it Wright and Malyon came up, and Wright asked me to buy it, saying it belonged to them. I did not ask him why it was in Price's yard; Price was not there then. We did not have a deal at that time, and they went off to Henley with it. I saw them with it next morning in the street, and I agreed to give them £6 and my blind cob for it. I had it three weeks, and did not like the going of it, so one day at the "Plough" I sold it to Mr. Hutchings for £12 10s. The last deal I had with Wright and Malyon I sold them four horses. Everybody in Marlow knows me, and my business too. Inspector Divall did not ask me about any harness; he asked me about a cart; and I said I never bought a cart off them in my life. I said if there was anything else I thought of I would let them know, and next morning I went to him and said there was a red roan cob I did not think of. Divall said, "How came Malyon with a set of plated harness on his pony?" I said I sold him that for 35s. and another set of harness, which was at my house; then another detective and policeman went along with me and fetched it. That is the only time they mentioned harness to me. I did not say anything about the harness I bought from Wright and sold to Sworder.
To Mr. Attenborough. Newell had nothing to do with any transactions between me and Wright and Malyon. I do not know that I have ever had a deal with Newell in my life.
To Mr. Hardy. It was Wright who arranged all about the sale of the Russian cob, and he got the cheque. When Malyon produced the cheque afterwards I gave him the cash.
Cross-examined by Mr. Grantham. I began business in the fruit and potato trade. I could not tell when I began dealing in horses, etc.—for over 20 years. I am not aware of ever having come across any horse stealers. I had heard of Wright before I saw him. I always took Malyon to be the guv'nor. He always paid me when I bought a horse. I have known Newell about 20 years, I think. I could run a horse down to Marlow from London in four or five hours. I have no receipts for any of these horses. One would not take the trouble to ask the history of a horse one buys. In Marlow you do not often see a strange dealer. There are not many dealers about there. Wright and Malyon sold a horse to William Price and a pony to Charles Tillion. I do not know about harness. I used
to call Malyon "Arthur." That is how I knew him. It was not because I was familiar with him. I think Mr. Haddon exaggerated a bit. He knows no more about the value of horses than that candlestick. I do not remember saying, "F—them and their horses, too." He never said, "It is marvelous these men coming down to sell horses like this. They must steal them."
Re-examined. Nobody has ever before suggested that I had received stolen property. I sell from 10 to 15 horses a month. I keep five or six horses for my own use. Sometimes I have more than a dozen in the sables at a time.
The following witnesses spoke to the good character of East:—Mr. Arthur Lawrence, J.P., Mr. Cripps, K.C., Mr. Richards (Cookham), Mr. Francis Coffin (Marlow), and Mr. Fisher (Marlow).
(Defence of Newell.)
JAMES EMANUEL NEWELL (prisoner, on oath). I don't know much about London; it is about two years since I was here. I am a dealer and poultry farmer and buy a great many horses; never bought any from Wright and Malyon, and never done any business with the latter. I think I saw him once at Beaconsfield Fair, when he bid for a horse of mine, but did not buy it. I know Wright; James Price introduced me; I knew him as Arthur Wright. I told Wright two horses the first day I saw him. I next saw him at Wheeler End just before Christmas with another man—not Malyon. Next day I saw him at Thames Market, and he offered me a rubbertyred cart, with the name, "Smith, Dealer, Hounslow," on it. Later in the day I met him at the "Five Alls," Stokechurch, and we chaffered about the cart. After hanging about for hours he took two horses and another cart for it—value about £10. I took the cart away next day and used it everywhere; gave the police officers rides in it and anyone else. I offered it to several people, but could not sell it. When Police-constable Hay staff and the other officer came I gave them all information about the cart; I took Haystaff to see Jordan afterwards. When I bought the cart it looked as if there might have been some tin on the sides which had been taken off; I never altered the cart at all. The three sets of harness I bought from Wright; some of it was produced, not all. On February 12 I was at "The Harrow," when I was sent for from the "Five Alls," and on getting there saw Wright and another man—not Malyon. Wright said he had bought five or six sets of harness sit auction. He brought a brass set of harness into the tap room; Jordan was there, and Harry Smith, Harry Powell, and several others. There was a plated oridle with the set, and I pointed out that it was an odd one. He went out to look for a bridle to match, but came back and said he must have dropped it. There was a ticket like an auctioneer's on the harness. Jordan and I bid for the harness, and finally I got it for 50s., and a good price too. They had been driving
about all evening and it was wet and dirty. After that they fetched in two plated sets, which I bought for £6 10s. They owed me 5s. from some previous occasion. I paid them in gold. I took the three sets next day to Wycombe Market. I sold the brass set for 50s. to Mr. Wheeler, of Penn; glad to get rid of it. I sold the other two to Mr. Loosley for £8 and a set of pony harness, which I sold for £2. I have known East all my life. I should think his character is very good. I did not wish to give information against him. I only had one deal with East in my life—about two years ago. I did at first refuse to give Darville information when he came to see me. I did not say at first that I had bought no harness. I asked Sergeant Jakeman whether I was obliged to tell anything, and he said I had better to clear myself. Then I told them about the three sets I had bought. I did not say I had sold the brass set for 10s.; it was £2 10s. The statement read which I gave to Superintendent Summers and Sergeant Pearce is true. I went to Penn on March 8, got back the harness, and took it to Jakeman.
Cross-examined. I have never seen Wright and Malyon together that I know of. When Jakeman and Darville came to me I knew East had been arrested in connection with Wright. The officers named did not suggest I had bought harness from Wright. I did not think they were asking me about anything connected with Wright. I did not say that I had no harness; I buy harness nearly every week, privately or by auction. I may have bought some from two men together other than Wright and his friend. Darville did not say, "Don't forget I have asked you," when I objected to give information. I thought Sergeant Jakeman ought to have asked me first, as he knew me. Wright told me he had chopped a gig for the cart he sold me. In regard to the harness, which Nosworthy valued at £5 when I bought it for 50s., it was in a different condition from when he had it.
Re-examined. When harness is wet and dirty you cannot judge it so well. I have never been in a police court before, nor have my brothers, sisters, father, or mother.
To the Judge. When Jakeman and Darville came to me they had found out at the "Five Alls" about the property, but they did not tell me that.
The following witnesses spoke to the good character of Newell: Mr. Arthur Lawrence, J.P., Mr. Cripps, K.C., and Mr. John Benall Stokenchnrch).
(Monday, June 3.)
WILLIAM JORDAN ,"Five Alls" public-house, at Stokenchurch. For a good many years I was in the Army, and was a sergeant in the Oxfordshire Light Infantry. When I left the Army I joined the Oxfordshire Police Force. When the South African war broke out I again joined the Army, and subsequently again became a Policeman. I then took this public-house. I was in the police force 12
years. I have known Newell about seven months. He very often uses my house, I agree with other witnesses that he has a perfectly good reputation in the neighbourhood. I remember a week before Christmas two men driving up to my house. As they wanted to stay at my house as lodgers, I asked them their names. One gave the name of Arthur Wright. Malyon was not there. They came again in the evening. Newell was there. They said they were horse dealers from London, and had come down for the purpose of buying old knackers. Whilst in the bar they had a discussion with Newell with reference to a cart. Newell made a shop by giving two horses and another cart for it after a very heated discussion. As far as I knew at the time they seemed respectable men. I did not see anything suspicious in the transaction. I thought they were two London dealers and honest men or else they would not have stopped there. The cart was left in my yard for the night, not locked up, hut out in the open. I looked at it in the morning. The name "Smith, Hounslow," was on the shafts and appeared to have been painted on for a considerable time. Newell cleaned up the cart and washed it. I bid him £5 for the cart. I know Newell was using the cart from time to time until last April, when he was arrested. I should say that an outside price for the cart would be £8. I have been with Newell in it to Wycombe Market. Until he was arrested I Had not the slightest suspicion that the cart had been stolen. When Police-constable Haystaff came on Easter Sunday to make inquiries I told him everything I knew. On February 12 the same two men who had brought the cart came to my house with some harness. Newell afterwards came in and there were several of my customers. The men said they had been to sn auction sale in London and had bought some harness cheap, sad would Newell buy any. They said they had bought one set for a good price and so they could allow Newell to have it a little cheaper. A brass set was brought in first, of which the bridle was missing, and they asked £3. I bid £2 5s. and Newell finally bought it for £2 10s., and Wright promised to send the bridle down next day. I noticed that there was an auctioneer's ticket on the harness. Afterwards they brought in two plated sets and after chaffering for perhaps half or three-quarters of an hour Newell bought them for, I think, £6. I only saw the money paid for the brass set. Newell fetched the harness away from my house in the morning.
Cross-examined by Mr. Grantham. When Constable Haystaff came to inquire about the cart and mentioned stolen property it did not occur to me to say anything about the harness. I have known East for some time—several years. I think East and Newell have known each other all their lives. Malyon came to my house in January. I did not know his name till I saw him in Court. I did not know Arthur Wright had been in trouble for horse stealing until this case arose.
"Five Alls" in February last, when there was a deal between two men and Newell over some harness. I saw Newell buy the harness and I thought it was a fair deal.
CHARLES MEALING , dealer in harness, horses, and carts, High Wycombe. I have known Newell seven years, and have had dealings with him. I recollect seeing him at High Wycombe the week before Christmas. He had a cart with rubber tyres, the name on it being 11"Smith, Hounslow." Something had been scratched off the panels. Newell asked me £10 for the cart, and eventually I bought it for £8 10s. In February I saw Newell with three sets of harness in Wycombe Market trying to sell it. He sold one set to a man named Welsh. I asked him what he would take for the other two and he said £9. I offered him £8, and he came down to £8 10s. I had a customer who would buy it, or I should not have offered so much.
Cross-examined. I was first asked to give evidence about three weeks ago. There was a letter before the name of Smith, but you could not see what it was. There was nothing to raise suspicion that the cart had been stolen. It is a common thing to find erasures of this kind on tradesmen's carts.
Verdicts: Malyon, Guilty; East and Newell, Not guilty.
Malyon was also tried on the charge of stealing a blue roan gelding, the property of Robert George Pyne.
Mr. Grantham and Mr. Salkeld Green prosecuted. Mr. G. L. Hardy defended.
ROBERT GEORGE PYNE , High Street, North East Ham. On the morning of March 5 I lost from my premises a blue roan gelding, which I valued at £30. Later in the month I saw the animal in the possession of the police.
Cross-examined. I also missed a cart and some harness, which the police have been unable to find.
FRANK PRICE , dealer, Dean Street, Marlow. I know prisoner, who has been in the habit of coming down to Marlow to buy horses and bringing horses down to sell. On March 12 I saw him and Wright with a blue roan gelding, which Wright was running up and down in front of Mr. East's premises. I know that Mr. East bought the horse or, rather, chopped it for another one.
Police-sergeant JAMES PEARCE deposed to finding the blue roan in Mr. East's field on March 30 and taking possession of it.
ARTHUR MALYON (prisoner, on oath) stated that Wright brought the horse round to his stables and asked him if he would buy it for £6 10s. Witness declined, and Wright said he was going to Marlow to try and sell it to Mr. East, and he said, "If you come with me you can have something off the money I owe you." Wright put the horse up at East's stables. Next morning witness went up and saw it tried, but took no part in the deal. Wright afterwards gave him 30s.
Verdict, Guilty. Sentence, 18 months' hard labour in each case, the sentences to run concurrently.
BEFORE THE COMMON SERJEANT.
(Tuesday, May 28.)
DAVEY, Arthur (17, cycle maker), and HAYNES, Walter (36, cycle maker) . Both stealing one bicycle, the property of William Woolford, and one bicycle, the property of James Ballom, and feloniously receiving the same in each case.
Mr. de Michele prosecuted.
WILLIAM WOOLFORD , 4, Westbourne Terrace, Hammersmith, carpenter. On March 20, 1907, I was at work on an unfinished buildhig in Arthur Road, Wimbledon, went there on a bicycle, and deposited it in the kitchen. At 11.45 I found my bicycle had gone. It was worth £8 8s.
MAURICE BALLOM , 55, St. Margaret's Grove, East Twickenham, carpenter. On March 26, 1907, I was working in an unfinished house is Arthur Road, Wimbledon, to which I had gone on a bicycle, which I left in the kitchen, and at 11.45 found it had been taken. There is an exit from the kitchen into Melrose Road.
GEO. JENKINS , 28, Lombard Dwellings, Battersea, labourer. On March 26 I was at work with the last two witnesses in Arthur Road, Wimbledon. At about 11.30 I saw the two prisoners. Haynes was standing at the top of an incline leading from the basement at the back of the shop in Melrose Road with his hand on a bicycle. Davey then came out of the building with a bicycle, joined Haynes, and they both rode off. It was a rough road. About four weeks afterwards I identified them at Wimbledon Police Station. I had never seen either prisoner before. (To Haynes.) I said at the police court I thought they were two carpenters looking for a job. I did not say I saw them go into the building.
BERTIE SHEPHERD , Malford Road, Wimbledon, labourer. On March 26 at about 11.30 I was in Melrose Road about 100 yards from the back of the building where the preceding witnesses were working when the taller prisoner passed me on a bicycle. The other prisoner followed, and I saw him face to face and recognised him. I only saw the back of the taller man.
WILLIAM WALTER HARMAN , 86, Engadine Street, South Fields, foreman. On March 26 at between 11 and 12 p.m. I saw the two prisoners riding two bicycles down Rifold Road towards me. That is about 50 yards from the back of the house in question. They were going racing pace. The road was very bad, with some deep ruts in it, and they bounced into the ruts in a way to break an ordinary bicycle, making a great clatter as they went along. I went in the direction they had come to give information. When they had got 50 yards away Davey's hat fell off, and in trying to catch it he stumbled
and ran into the bicycle of the other. He got off, picked up his hat, and rode off. On April 30 I saw them come out of a house in Norma Road, which is in the same neighbourhood, and where there were two bicycles standing which two gentlemen came and put away. I followed them for close upon two hours. They were simply loitering about, going in and out of every building where there were bicycles. I gave information to a constable. In the Juxford Road, which is near Melrose Avenue, I was with another man, and we called Haynes over to us and asked him if he was looking for his mate. He said, "No, I have no mate." We then informed him that his mate had been arrested and he had better wait till the constable came up. He ran away. I followed him and gave him into custody when I saw them on April 30 I identified them as the two I had seen on March 26.
To Haynes. I did not call the constable to you—I took you to the constable. I may have said you had been there two hours. You were arrested half an hour after Davey, and from the time I first saw you till then was about two hours.
Police-constable SIDNEY COLMAN, 799 V. On April 30 I was in Melrose Avenue, saw the two prisoners at about 11.30 am., and kept them under observation because of their actions. I arrested Davey, and said, "Where is your friend gone?" He said he had no friend. I said, "I saw you with another man for this last three-quarters of an hour together, going into these empty houses." I asked him where he lived. He said, "Just down the road." I said. "Where?" and he said, "Well, Bennondsey"—that is seven or eight miles away. I took him into custody. He said, "Hard luck." Another officer arrested Haynes, and he said. "I was not with this man."
To Haynes. When the charge was read over to you of being concerned with Davey, you said, "I was not with him."
Police-constable DAVID SOTHERN, 471 V. On April 30 Haynes was pointed out to me in Juxford Road. He walked away, was stopped, and I took him into custody. As we were going down the road he was walking between me and Harman, when he pushed Harman on one side and ran away down the Princes Road. He was stopped in Dudley Road by a railway man. He then said, "I am very sorry, old man, but you do not know the trouble that I am in." At the station I asked his name and address. He refused it, and he made no reply to the charge.
To Haynes. You gave your address afterwards, half an hour after the charge was taken.
AMELIA HAYNES , 35, Handel Street, Fulham, wife of prisoner Haynes, called by Davey. I remember March 26, the Tuesday before Good Friday. Davey came to my house at 10.30 a.m., and never left there till six p.m. He was at my house all the week with the
exception of Good Friday morning, when he and his young lady came at 3.30 in the afternoon. I was then living at Palmerston Street, Better sea Park Road.
Cross-examined. The two prisoners work together for the same gentleman. I have left Palmerston Street about seven weeks. You could go from there by a 2d. 'bus to Newington in about 25 minutes and on to Wimbledon by the tram. I have never done the journey. Davey had had no work at the time from February, when his shop was closed. On March 26 Haynes had gone out at about 2.30 a.m. and did not return till the afternoon. Davey had dinner with me. Davey is no relation of mine, but I have known him from a little boy working for the same man as my husband. He lived at Sloan Buildings, Bermondsey.
(Wednesday, May 29.)
ARTHUR BROOKS , plumber, Kensal Rise. On April 19 I went to Bedford Terrace on my bicycle, which I left outside on the kerb. I got there about five minutes to 11. My bicycle was worth £8. I have the receipt for it (receipt produced). It was a "Fleet" bicycle, No. 78,233. I afterwards saw some portions of a bicycle (produced) at Wimbledon Police Station; there was my frame and the tyres and chain of the wheels. I had not my receipt then so could not compare the numbers. Since then I have found the receipt, and find he members are the same. I was only about five minutes in the building, and when I came out the bicycle was gone.
To Davey. I bought the machine last year. I have done nothing to one of the pedals since I bought it.
To Chef Judge. I have not seen the pedals since I lost the machine. I do not identify the pedal and crank. They are separate ones.
Detective ROBERT WILLIAMSON, V Division. On April 30 I visited 35, Handel Street, Fulham, and found in a bedroom the frame and wheel of the bicycle produced, which were identified by prosecutor at Wimbledon. At 10 o'clock on the same night I visited Haynes's place at 29, Guinness Buildings, Snow's Fields, Bermondsey, Marched the premises, and in the attic found a number of parts of bicycles, amongst them a crank. The prisoner's wife pointed out where the bicycle was. When I found the crank it was on an old frame.
To prisoner Haynes. I could not say when a telegram was sent to your wife because I was not in the station at the time. I went straight to your house and got possession. I saw nothing had been taken out.
Prisoner's wife did not know what he was arrested for till she got to the police station?—I do not think so.
ARTHUR BROOKS , recalled. I do not identify that crank (produced) as part of my bicycle. I have not seen any other parts which I identify, only the frame with the wheels. The crank I used was similar to that one in Court.
Police-constable DAVID SOTHERN, 471 V. At noon on April 30 prisoner Haynes was pointed out to me and I took him into custody in Juxford Road, Wimbledon. He walked between me and Mr. Hurman, and then pushed the latter and ran away down Princes Road. I ran after him, and he was stopped by a railway constable and I arrested him. He said, "I am very sorry, old man, but you do not know the trouble I am in." He refused to give any particulars re garding himself at the station, and made no reply to the charge.
To Haynes. You gave your address some time after the charge was taken.
Police-constable SIDNEY COLMAN. On April 30, at 10.30 p.m., I saw the two prisoners together, and kepi observation on them for threequarters of an hour. I saw them go into several houses and go to the rear of three or four others His Lordship directed the Jury that there was no case against Davey and a verdict of Not guilty was entered on this indictment.
WALTER HAYNES (prisoner, not on oath). From the time I was arrested my wife had plenty of chance to take the machine out of the house unknown to the police, and I have done all in my power to tell the detective the machine was there when he went to the house, and also that I got the machine in its present condition from a river pilot. I exchanged a lot of old rubber for it. I have searched high and low to find the man and sent letters from Brixton Prison to try and find him. I had one letter from him unsigned, saying that he was coming as a witness for me, but he has not turned up. I have heard no more about him. He might have cleared me of the case.
Verdict, Haynes guilty of receiving the bicycle, well knowing it to be stolen.
Detective-sergeant JOHN BLACKMORE, V Division, proved a conviction against Haynes at North London Sessions for cycle stealing, with 15 months' hard labour; also two other convictions. Witness said that from what he had gathered Davey had been working with Haynes for the last few months.
Sentences: Haynes, Three years' penal servitude; Davey, three months' hard labour.
BEFORE THE RECORDER
(Wednesday, May 29.)
BEANEY, Bertram George (32, clerk), and NICHOLLS. Francis (28, warehouseman) . Both burglary in the dwelling-house of Frank Connell and stealing therein seven penny and 12 halfpenny postage stamps, his property, and feloniously receiving same. Nicholls feloniously harbouring the said Bertram George Beaney, well knowing him to have committed the said felony. Beaney pleaded guilty.
Mr. Horace C. Fenton prosecuted.
Detective-sergeant GILLAN, V Division. On May 2, in company of Sergeant Stroud, I arrested both prisoners in Walworth Road. I said to Beaney, "You answer the description of a man who committed a burglary at 79, Woodside, Wimbledon." I said to Nicholls, "You answer the description of a man who changed two £5 notes from another burglary. Probably the man that committed the burglary at Wimbledon was suffering from a wound, as shots were fired, and one was supposed to have taken effect." Both prisoners said, "Neither of us is suffering from a bullet wound." At Wandsworth Police Station Nicholls said to me, "I know he did the job, and I took him for treatment." The charge was read over and neither replied. At the proceedings at the police court they asked no questions.
To Nicholls. I had not the slightest intention of letting you go. You gave your right name and address.
Detective-sergeant STROUD, V Division. I arrested the prisoners with the last witness. I took charge of Nicholls. On the way to the station Nicholls said, "I met him (referring to Beaney) early on Tuesday morning last. He told me he was shot by the occupier of a house, and he did not want to go to a hospital because the police made inquiries." He said, "I took him to Mrs. Wells at East Street, Walworth, who attended my mother some time ago for a bad leg." He was taken to Wandsworth and detained for, a time. On the following morning he was charged. The charge was read over to each of them. He made no reply.
To Nicholls. Detective Gillan took your names and addresses somewhere near the Elephant. He did not say to me, "I think their names and addresses will do." You gave me your address, "'Rowton House, Vauxhall.'" I do not remember Gillan saying, "That won't do at all. I wall not take that as an address."
Re-examined. I remember Nicholls saying at Wandsworth Police Station he knew he had done the job—that was Beaney.
MARGARET WELLS . On April 30, at about 11 p.m., the two prisoners came into my shop. The thin man said, "I have brought a friend to you to treat his arm for a wound. You cured my mother's leg, and that is why I have brought my friend to you, knowing that you have a great reputation for healing wounds." The stout man took off his coat, and I saw a shot wound. He said, "I was moving my pistol, and it went off by accident and shot me in the arm." I said, "I think it is a case for a hospital in case the hone of the arm has been fractured with the shot." He said, "No, I am sure the bone is not injured." I then supplied him with my remedies for extracting any poison or inflammation from wounds and made an appointment
for seeing him again in two days, when they came again, and I examined the wound more closely and found it was progressing. The men were very gratified at the progress my treatment was making. I said, "Come again on Saturday. I will have another look at it." but that appointment was not kept.
FRANK CONNELL , 79, Woodside, Wimbledon. In the early morning of April 30, about four o'clock, I heard our dog growl in the hall. My bedroom is on the ground floor, and I went out and spoke to him, and at the same time I taw a light through some coloured glass in a door which leads to the kitchen. I went back into my room and got my revolver, unlocked the glass door, heard a noise in the kitchen, went in there, and saw a man getting out of the window. I went forward and fired at him. I then went nearer the window and fired again. I saw the man bend forward and then recover himself and run away out of my sight. I then went to the front door, unfastened it, blew my police whistle, and a policeman came. The man got in by forcing open the kitchen window. I found it broken open when I came to examine it.
AMY JOLLY , 30, Mayhew Road, Brixton. In April I was in the service of Frank Connell at 79, Woodside, Wimbledon. On the night of April 29 the kitchen and the house generally was locked up all safe; everything was secure at 10 p.m. when I went to bed; the kitchen window was fastened. The next morning I found my envelopes on the table and my stamps gone—seven penny and 12 halfpenny stamps.
FRANCIS NICHOLLS (prisoner, not on oath). On Tuesday, April 30, between 11 and 12 a.m., I went into the "George IV." public-house when Beaney, whom I had known about three weeks previously, casually came in. After a while he asked me to have a drink. We got into conversation, and he said, "Have you any idea as to where I could get some stuff to make some poultices or ointment or something of that." He said, "I have got a wound in my arm—a revolver shot wound. I do not want to go to a hospital; it is only a flesh wound. I did not want them to make inquiries." He said it was occasioned in a scrimmage in Soho. I said, "If you do not want to go to a hospital I will take you to Mrs. Wells, whom I have known 20 years." I took him there. He told her it was the result of an accident and made another appointment for the Thursday. I went there with him, and he got a poultice. As we were coming back we were stopped in the Walworth Road by two detectives. Gillan said, "I do not think there is anything in this case. I think their names and addresses will do." Stroud agreed with him. So he took Beaney's name and address, and when I told him mine he said he could net take a loggia-house for an address, and took us to the station. I had not the slightest idea where Beaney had received his wound. I thought it was only a matter of going to one police station,
when I should be asked a few questions. That was the first I knew about the burglary.
Verdict, Not guilty.
(Thursday, May 30.)
BEFORE JUDGE RENTOUL.
(Wednesday, May 29; and Thursday, May 30.)
Mr. Hardy prosecuted. Mr. Johnson defended.
Verdict, Not guilty.
LEHR, Frank Loder (otherwise Schmidt) (30, engineer), and CASPARI, Leo (60, clerk) ; unlawfully conspiring to cheat and defraud Graeme Thompson of £8. Other counts: Falsely making and counterfeiting a paper writing purporting to be a letter of introduction to Charles Davis, made and signed by the Secretary of the Imperial German Embassy in London, with intent to defraud, and uttering the same, knowing it to be forged, with intent to defraud.
Mr. Attenborough prosecuted.
MAUDE TOMLIN , 7, Lowther Parade, (Barnes. I am cashier to Graeme Thompson, proprietor of a motor garage. On April 22 last, stout 5.30, somebody telephoned to me; I do not know who it was tad I have not recognised the voice. Two hours after that the prisoner walked in and said he was Charles Davis, and had come from the German Embassy. He I believed what he said, and asked him what he wanted. He said he had had an accident on the road to his motor car, had broken the axle, and had had it repaired, and that it was at Hampton Court. He wanted two tyres but we had not what he wanted. He then said he wanted some money to get the tyre a at Hampton Court, £5 for the tyres and £3 for the repairs. I believed what he said, and handed him £8. I kept this paper and took his receipt for the £8. It is signed "Charles to my manager and he communicated with the police.
Detective-sergeant Jam Cubby, New Scotland Yard. I received information of this affair on Monday, April 22, about three p.m., and were to the Aldgate Hotel about 30 minutes later. I there saw Lehr. He saw me, and left the hotel by a door farther away. I followed him out. He ran away, and I ran after him down several turnings
and stopped him. I told him I was a police officer. He knew who I was. I said, "I am going to arrest you on suspicion of stealing £8 by fraud at Barnes." I told him that he had telephoned and said that he was a chauffeur. I hardly then knew the exact facts. I referred to the letter and said, "By means of a forged stamp of the German Embassy." He said, it." I then took him to Leman Street Police Station, where he made this statement to me: "About three weeks ago I came to London via Queenborough. I went to Greek Street and met a man who said his name was I He told me he had the signatures of Alfred Bait, Lord Rothschild, and others papers, and you must pass them, and you will get plenty of money. On Saturday evening he bring me two papers. He put on 'German Imperial Embassy, London.' He put 'Secretary, Max Huppert,' and he put on this paper,' By the present we introduce our chauffeur, Charles Davis. Please give him all the attention he requires.' He told me to wire up the firms and tell them it was from the German Embassy, and they were to give me what I required. I went to the address at Young Street Motor Garage and told them I wanted two tyres and £3. The young lady had not the tyres, so she gave me £8. I know the stamp is in Caspari's desk at the 'African World." He signed it. In consequence of that statement I went with another officer to the "African World," 34, Copthall Avenue, and there saw Caspari. I told him, "I have arrested a man named Francs Loder Lehr for obtaining money from a man at Barnes," and read the statement to him. He said, "I know noting at all about it: I do not know anything of any seal. I arrested him and took him to Leman street police Station, where he was put with Lehr. Lehr said, "That is the man; he made the paper; that is the stamp he made it with." I showed him the seal of the Double Eagle. CasPari said. "It is not true. I have known him only for a few days." I took both prisoners to Scotland Yard, and there snowed the paper to them. Lehr said. "That is the paper he gave me. It was already written out when he gave it to me.' Caspari denied it again. I then took the two prisoners to Barnes Railway Station. On the way there Caspari said, "I did give him the paper and stamped it, but I did not think it was for any fraud: I thought it was to help him. When charged they made no reply. On April 30 both the prisoners were together at the Mortlake Police Court, and in Lehr's presence I handed Caspari a letter from Mrs. Lehr at Cologne. I read it to them. I said to Caspari, "From this letter it appears you have written to Lehr's mother, and you know his name was Lehr when I arrested you." He said, "Yes, I wrote the letter because he asked me to do so."
To Lehr. You did not tell me that Hehnell was the man who wired up to the firm and took some stuff and sold it. You Sait there was another man, Charlie Hehnell, who lives on prostitution at 3. North Road.
LEHR. Sergeant Curry told me at Mortlake Police: Station that be saw the man, but that he had nothing to do with it.
To Caspari. You did not tell me that you had written the letter, bat not signed or stamped it, and that you had written it to give an introduction to Davis and not Lehr, and that you did not know it was going to be used for fraudulent purposes. You told me you had stamped it, and I said, "Now you admit that you stamped it?" and you said, "Yes." There is no mistake about it You told me afterwards that Hehnell was mixed up in this, and I went and saw Hehnell, and took a statement from him, and I told you that Hahnalt would come to the police court, and he came, but you refused to call him.
Re-examined: My superiors and I fully investigated the matter as to Hehnell. There was not in our opinion sufficient evidence for his arrest.
Detective ALBERT GORAM, H Division. At five p.m. on April 23, I went with Sergeant Curry to 34, Copthall Avenue, and there searched the office where Caspari was employed. We found in the desk where caspari sat a rubber stamp consisting of a handle and movable types; and in the drawer on a table in the middle of the room an engraved stamp of the "german Arms."
To Lehr. You did not tell me anything about Hehnell.
ROBERT DAGLEISH GRAHAM , 64, Brinwood Road, Clapham, secretary to the "African World," Limited. Caspari was employed by us to: about three months on temporary work. This block is ours, but not the rubber type. The block was used for a souvenir edition of our paper for the German visit to London. It was catalogued and put away on a shelf. Caspari would have access to those shelves. It should n u have been put into a drawer of a table. Somebody must have removed it. I know nothing about this die being impressed on this document. (Forgery).
CASPARI. That was my work. I had to arrange the blocks.
FRANZ LOEDR LEHR (the prisoner, on oath). When I came to London I met Hehnell and Caspari later on. Hehnell told met that he had plenty of tiling to make letters and that sort of thing. Caspari handed this letter to his landlady and she brought it to me. He told me to take it and get the £8. Caspari wrote it. I was drinking a lot at this time. I know I did wrong, but it was under influence, especially of Hehnell. He was always walking with me, and if I had not met the men I would not have come into the case at an.
Cross-examined. What I told Sergeant Curry was true.
LEO CASPARI (prisoner, on oath). I wrote the letter, but did not Stamp or sign it. I gave it to Hehnell. Hehnell told me he could not write in proper English, and asked me as a favour to write it; he wanted to use it as an introduction for a friend. All I received from Lehr was 7s. 6d. money lent. I do not know if it was out of the £8.
Cross-examined. I wrote this statement for Lehr to read in Court. (Stating that he pleaded guilty to the whole charge, but that it was under the influence of Hehnell, who knew of his condition and of his having been insane.) I did not know for what purpose the letter of introduction was going to be used; they told me it was to obtain a situation. I used the rubber type to stamp cards and things with. I say that Hehnell put the Double Eagle stamp on. He was often in my office. I ask the jury to believe that he stole it out of my office and brought it back. I first knew Lahr on April 18. I wrote to Lehr's mother in Germany. I did not represent to her that he was then in prison, but that he would go to prison. He told me to write to his mother and ask for money. She wrote asking me to explain to the Court that Lehr had been insane.
The Judge (to Lehr). Were you ever insane?
LEHR. I have been in an asylum a few times.
Verdict, both Guilty.
Sergeant CURRY, recalled. Lehr was convicted at the North London Sessions on July 12 last for obtaining goods and money by false pretences; he then pleaded he was insane; the jury so found, and he was detained during His Majesty's pleasure. He was released last February. A month afterwards he obtained £7 by a similar trick. I have traced eight cases against him. We have received a I bad report of Caspari from' the German police, stating that he has been convicted a number of times for forgery and fraud. There is nothing against him in England.
CASPARI. Those convictions are not mine; they are my cousin's.
Sergeant CURRY. We have the finger prints, and they are identical, also photographs.
Sentences, Lehr, 12 months' hard labour; Caspari, two years'hard labour; both certified for expulsion under the Aliens Act.