Vol. CXLVII.] [Part 873.
CENTRAL CRIMINAL COURT
HELD JUNE 24TH, 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 Monday, June 25th, 1907, and following days.
Before the Right Hon. Sir WILLIAM PURDIE TRELOAR , Knight, LORD MAYOR of city of London; the Hon. Sir CHARLES JOHN DARLING , Knight, one of the Justices of His Majesty's High Court: Sir WALTER VAUGHAN MORGAN , Bart., Sir SIR DAVID EVANS , Sir HORATIO D. DAVIES Sir JOHN PUND , Bart., Sir JOHN KNILL , Bart., and Capt. W.C. SIMMON, Aldermen of the said City; Sir FORREST FULTON , Knight, K.C., Recorder of the said City; Sir FREDERICK ALBERT BOSANGUET , K.C., Common Serjeant of the said City; His Honour Judge LUMLEY SMITH K.C., Commissioner, His Majesty's Justic 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. NNTH SESSION.
BEFORE THE RECORDER.
(Monday, June 24.)
LONDON AND MIDDLESEX CASES.
The Court Missionary (Mr. Scott-France) stated that he had communicated with prisoner's father, Who was a well-to-do farmer in the province of Quebec, but had not had time to receive an answer from him. He could not get prisoner sent home by any of the institutions to which he had applied. Although he was a French Canadian, he was a British subject and could not be dealt with as an alien. A passage to Canada could be obtained for him, but when he arrived there he would have to travel up country, and he had no money. Mr. Scott-France added that, if the Recorder would give the prisoner into his care, he would find him lodgings and work until his people were heard from, and would no doubt eventually be able to send him home.
The Recorder said that this case showed how invaluable these missionary societies were in the administration of justice. He really did not know what the Judges in this Court would do without Mr. Scott-France's valuable assistance. He would release the prisoner it once. He was quite satisfied that there was no crime in any real sense in what he had done, although there was a breach of the law. Prisoner was released on his own recognisances in £10 to come up for judgment if called upon.
PHEBY, Joseph (37, crane driver), pleaded guilty to assaulting a boy named David William Cassel. Prisoner denied intent to cause actual bodily harm; he meant just to give the boy a good shaking, under the impression that it was on his evidence that prisoner's son had got into trouble for gambling. Released on personal recognisances in £10 to come up for judgment if called upon.
DAY, William (24, cutter), and LIBOVITCH, Simon (37, tailor) ; both feloniously stealing six yards of canvas and three yards of silk and other articles, the property of Benjamin Green Skipworth, the master of the said Day; Libovitch receiving the same, well knowing them to have been feloniously stolen. [No verdict recorded: assumed found guilty see original trial image] Sentence, Day, Ten months' hard labour; Libovitch, twelve months' hard labour.
Mr. Broxholm prosecuted.
Police-constable JOHN CONNELL, 560 N. At 1.15 p.m. on May 30 I saw prisoner in Lea Bridge Road, riding a bicycle; he collided with a cart; he was drunk. I took him to the station; he refused his name and address. I asked him where he got the bicycle and whether it was his property; he said, "Find out." He was then charged with unlawful possession.
Police-constable EDWARD LENNARD, 449 J, deposed to finding, on the morning of the alleged burglary, on the railings of No. 2, Isabella Road, Homerton, a blue serge suit and a jacket and vest.
ROBERT REEVES , 3, Isabella Road. On the night of May 30 I went to bed at a quarter past 11; everything was secure then. At 6.30 next morning I was aroused by the police; I found the house had been entered and my bicycle and some clothing had been stolen; the total value of the goods stolen was £9. The bicycle on which the prisoner was riding when arrested is the one that was stolen that night.
Police-constable THOMAS GOY, 48 JR, said that in the early morning of May 30 he noticed that the front window of 3, Isabella Road had been pushed up; he aroused Reeves, and it was then found that the place had been entered.
PRISONER (not on oath) said that he left home on the morning of May 30 about 11; he got on the drink; he remembered giving a fellow sixpence to let him ride this bicycle for half an hour; he did not know the name or address of the man. He had nothing Whatever to do with the burglary.
Verdict, Guilty of receiving. Prisoner confessed to having been convicted of felony on July 24, 1906, at Newington Sessions, and sentenced to nine months' hard labour; he was stated to be an associate of thieves.
Sentence, Ten months' hard labour.
LLOYD, William (42, gasfitter), pleaded guilty to forging and uttering two authorities and requests for the payment of £12 and £20, to wit, notices of withdrawal from a deposit account in the Post Office Savings Bank, with intent to defraud; forging certain entries in a certain Savings Bank Deposit Book, to wit, an entry of a deposit for £12 and an entry for £20; obtaining by false pretences the saveral sums of £12 and £20 in each case with intent to defraud.
Mr. Forster Boulton, M.P., prosecuted.
Prisoner was treasurer of a local branch of a sick benefit society called the British Order of Ancient Free Gardeners, and as such he had authority to make deposits in a deposit account in the Pott Office Savings Bank. Notice of withdrawals from the account had to by signed by three trustees. On August 25, 1906, prisoner went to the savings bank and presented a notice of withdrawal of £12 to which he had forged the signatures to the trustees. The £12 was in due course handed to him and he signed the usual form of receipt. On January 22 he presented a similar forged notice of withdrawal, the amount in that instance being £20, and obtained the money. It was stated that he had also omitted to hand over to the society a sum of money which he had received on its behalf, his total defalcations amounting to £64. He was stated to have so far borne a good character but to have lately given way to drink and gambling.
Sentence, Twelve months' hard labour.
MABBOTT, Robert Raffles (24, postman), pleaded guilty to stealing a post letter containing a postal order for 8s. and another post letter containing postal orders for 20s., 6s., and 3s. respectively, the property of the Postmaster-General, he being employed under the Post Office. It was stated that other thefts of letters had been traced to prisoner. Sentence, Nine months' hard labour.
RENNIE, William James Gordon (31, postman) pleaded guilty , to stealing a post letter containing a postal order for 10s., and another post letter containing a purse and a postal order for 2s. 6d., the property of the Postmaster-General, he being employed under the Post Office. It was stated that postal thefts to the amount of £10, extending over 12 months, had been traced to prisoner. It appeared, however, that he had had to support his aged parents, besides his own family, and generally his record was not bad. Sentence, Six months' hard labour.
WARNER, Hy. (30, tailor), feloniously forging and uttering a certain request for the payment of £22 with intent to defraud; conspiring and agreeing with a person unknown to obtain £25 by false pretences.
Mr. Forster Boulton, M.P., and Mr. Allan J. Laurie prosecuted.
HELEN DAWSON , assistant at the post office, High Street, White chapel. At 9.8 a.m. on May 16 prisoner handed in the telegram (produced), "Puddler, London, Home," and it was duly despatched. There was no other telegram to that address sent from my office that day.
ALFRED JAMES CARDO telegraphist at the central office, proved the receipt of the message there, and its despatch to West Strand Post Office. On the telegram form actually delivered (produced) the time of the dispatch had been altered to 2.38 p.m., and there were added the words; "Charles Edward, Cane."
FREDERICK JOHN COOPER , clerk at West Strand Post Office, proved thr receipt of the message there; he referred to the address book and placed the telegram in an envelope addressed Stuart King, 16, Orange Street, Haymarket.
THOMAS F. W. GREEN , telegraph messenger, West Strand Pott Office. I received from last witness a telegram in an envelope. I went with it to 16, Orange Street; Stuart King's office is on the first floor. As I was going up the stairs a man ran up before me; he said, "Stuart King?" I said, "Yes, sir," and handed him the telegram. I think I should know the man again; it was not the prisoner. This was about 9.35 a.m. The man looked about 20 or 30 years old.
MARCUS MILLER . I carry on business as a Turf accountant, under the name of Stuart King, at 16, Orange Street, Haymarket. The only three people at that office are myself, my partner Thomas Maughan, and a clerk named Stevens; Stevens is about my age—31; Maughan is about 45. There would be no one at the office at nine in the morning; we open between 12 and one. I first met prisoner about May 8 at the Trocadero. I opened an account with him, with a limit credit of £5 a week. I gave him my books of rules; his name for telegraph purposes was agreed to be "Cane." My registered telegraphic address is, "Puddler, London." If a wire is sent five minutes before the advertised time of a race, the bet is accepted. On May 16 a horse called "Charles Edward" was in a race, starting at 2.45; the starting price was 100 to 8. I got the result of the race ("Charles Edward" won) at 2.49 by the tape in my office. At five past three I heard a telegram dropped through the letter-box; it occurred to me as funny that I had not heard the noise of any messenger coming up or going down the stairs; I immediately—before opening the telegram—jumped on the window sill and threw up a window and watched the front door for several minutes; no telegraph bey appeared. I opened the telegram; it purported to be dispatched at 2.38, and the message was, "Home, Charles Edward, Cane." I thought I would verify it, and I had it repeated; in reply I got the original message, time 9.8, with just the one word, "Home." My settling-day is Monday in each week. Prisoner had had previous bets with me and owed on the account £3 at this time. In the evening on Thursday, May 16, I met prisoner in a public-house. He said he was surprised that "Charles Edward" hod come in at such a long price, and asked, "How about my £25?" I told him Monday was settling-day, and if he wanted paying before he must make his claim by letter. I did not tell him I had found out the fraud. He wrote a letter that night, but it did not state the amount; so I wrote to tell him the letter was out of form, and asking him to call. On May 18 he called at the office. My partner was present, and Detectivesergeant Burton was sitting writing, ostensibly as one of our clerks. I prodused to prisoner his account, and called over the list of horses
he had backed, including "Charles Edward"; the account showed a balance to prisoner of £22. I handed him a cheque for this amount and he gave me a receipt. He was then arrested by Burton.
Detective-sergeant ALFRED BURTON, C Division. On May 18 I went to Miller's office with two other officers. When prisoner came in Miller said to him, "You have come for your account!" Prisoner said, 'Yee; it was a bit of luck; I'm a sportsman; money it round—one day it's mine, next day it's yours; the lucky star doesn't shine very long, does it?" Miller then gave him a cheque and the Account, and prisoner gave a receipt. As he was about to leave I showed him the telegram received by Miller. I said, "This is the telegram the bet was made on"; he looked at it and said, "Yes, that's the telegram I sent." I then showed him the original wire, is the letter he had written to Miller claiming the amount of the bet; I said, "Are these in your writing?" and he said, "Yes, I wrote both of those." I then told him who I was and read the warrant to him. He said, "In all fairness to me, you will admit that, then I said it was the telegram I sent, it was before I knew you were a police officer; now I say it is not the one I sent; you will also admit I have not actually got the money, only the cheque, so I have not done anyone any harm; I am not the only one in this; I have been a tool, and only done as I was told; but I shall not say anything till later on." On the way to the station he said, "I know I shall not get out of it, but I am not going to get despondent."
To Prisoner. When I showed you the telegram you did at say, "I suppose that is it"; you read the telegram and said, "Yes, that it the telegram I."
(Tuesday, June 25.)
HENRY WARNER (prisoner on oath). I have seen the telegram, the subject matter of this charge. It is in the same state that it was in when dispatched. I wrote it out myself. There is no horse's name on that telegram and it means nothing. There is the name of a horse Charles Edward on the telegram as received. It was forged and fraudulently altered by some person to whom it was delivered. Subsequently I went and received the proceeds of that telegram amounting to £22. Other telegrams were sent in my name. I did not know that telegram was going to be forged. I had absolutely no definite idea what the scheme was, what the idea of that telegram was to be. The £22 was credited to Charles Edward.
Cross-examined. I did not send any telegram with the name of Charles Edward on. The receipt produced shows that £25 was due to me for bets, £22 of which was in respect of Charles Edward. I received a cheque from Miller for £22 in payment of that account. As to why I received £22 in respect of a bet I had never made, all
I can say is I had no definite idea this telegram was going to be forged. I thought it was a bona-fide transaction. The draft of the telegram I dispatched was handed to me the previous evening. If it was a crime to send a worthless telegram to Miller, I am guilty of that, but I am not guilty of that knowledge. I got the telegram from a racing man of the name of Houghton. I do not know his other name, nor where he lives. I was accustomed to meet him in a public-house in the West End. I did not know what the telegram meant. I had a copy of Miller's rules. I knew that "Puddler, London," meant Marcus Miller, of Orange Street. I knew that "Home," meant £2 to be put on a horse, but no horse was mentioned. I know a bookmaker named Arthur Clayden the same as I know Houghton. When Houghton gave me the telegram I called attention to the fact that no horse was mentioned in it. He told me to send it off, and I dispatched it the next morning at 9.8 a.m.
Verdict, Guilty of receiving money on a false telegram knowing it to be forged.
Detective-sergeant BURTON said prisoner was a tailor. At one time he was on the music-hall stage, but his voice gave way, and he had worked at his trade until about three months ago. On the night he was arrested a man who has done a long term of imprisonment, and is connected with another bookmaker close to prosecutors, came to the police station and wanted to know what bail prisoner could have, and when he was presented before the magistrate he admitted that he had been indemnified by the bookmaker in question should prisoner clear the country, and the bail was thereupon withdrawn.
The Recorder said it was clear this bookmaker was acting in collusion with the prisoner, whether he was the man who received the telegram or not. Sentence, Fifteen months' hard labour.
BEFORE THE COMMON SERJEANT.
(Monday, June 24.)
Mr. Wilkinson prosecuted; Mr. Purcell defended the female prisoner.
Detective-sergeant WILLIAM BURNHAM, New Scotland Yard. On May 27, 1907, at about seven p.m. I was in Town Road, Edmonton, with Sergeant Story, when I saw James Marsh leave No. 72, Town Road on a bicycle. I arrested him, searched him, and took him back to the house. I asked him if he had the key and he said, "No." I then knocked at the door, and he shouted loudly, "There is no one at home." I saw it was an attempt to alarm those inside; I then forced
the door and took him inside, he struggling violently. As we got into the passage the female prisoner opened the kitchen door and we took him into the kitchen. The mould produced was on the table tied up with rag. James Marsh was struggling, trying to kick the table over, and shaking it. I saw the metal in the mould was liquid and it moved about as he kicked the table. We had a further struggle and he kicked the table over and the mould went into fire. We got him on to the floor. The woman then came up to him and said, "Be quiet, Jim; it is the will of God; do not struggle any more—you are done." I got Story to hold the prisoner and took the mould from the fireplace. The woman took the saucepan produced which was partly filled with metal and threw it in the fender, saying, "Here is an end of it all." She then threw the mould on the fire. There was a large fire in the grate. I took it off and found two coins produced in the mould, portions of the metal having run owing to the shaking. I picked up the saucepan and the flakes of metal which had run over the fender. In the kitchen I found a file on the mantelpiece and in the dresser drawer a tallow candle used in making moulds; under the dresser a hanger for drying the mould and a quantity of pieces of broken moulds. In the scullery I found a saucer containing silver sand and a bottle containing cyanide of potassium. I told prisoners they would be charged with making counterfeit coin and possessing the mould. The woman said, "They are going to take me, too, Jim; I do not care about myself; I am thinking about Jane," referring to her little daughter about five years old. The man said, "Can't you leave her out of it? She did not know anything about it; I locked her out of the kitchen." They were then taken to the station.
Cross-examined. I am satisfied prisoners are married. There is a door from the kitchen leading to the garden. Mrs. Marsh said at the police station. "I cannot help what my husband does; I was in the garden and heard the knocks and came into the kitchen." She could have done that. The child was in the garden. She has never been charged before with making bad money. (To the Judge.) From the time I saw the man leave the house until we entered the kitchen was about 10 minutes.
Detective-sergeant ARTHUR STORY corroborated the last witness and said: I subsequently searched and found clamp produced in the fender and a piece of glass in the scullery with marks of plaster of paris.
FRANCIS WILLIAM WEEKS , Barrowfield House, Edmonton Green, landlord of 72, Town Road. The prisoners on May 21 came together and I let the house to the male prisoners at 10s. 6d. a week. They went in on May 25.
Cross-examined. The man paid the rent; he said he was a cabinet maker and I looked upon him as my tenant.
have been fused, the metal having run. The clamp is to hold the mould while the metal is poured in. The glass is used for making the mould. Cyanide of potassium is used for plating. The broken pieces of mould have no impression and I cannot say what coin they were intended for.
Cross-examined. Molten metal poured into a mould would be moveable for about a quarter of an hour. It would set in about 10 minutes or a quarter of an hour. (To the Judge.) I should think the metal would not run in the way it has if allowed to stand for 10 minutes.
Verdict: Jeanette Marsh, Not guilty.
Several convictions for stealing were proved against James Marsh with short sentences, followed by a conviction with five years' penal servitude at Birmingham for uttering counterfeit coin on January 30, 1902. Prisoner was released on November 4, 1905, since when he had been earning a livelihood for about 15 months. Sentence, Eighteen months' hard labour.
BEFORE MR. JUSTICE DARLING.
(Tuesday, June 25.)
BEFORE THE RECORDER.
(Tuesday, June 25.)
WATSON, James (45, bookmaker) ; forging and uttering an authority and request for the payment of £10, with intent to defraud; forging and uttering a receipt for the payment of £10, with intent to defraud.
Mr. Forster Boulton, M.P., and Mr. Allan J. Laurie prosecuted.
JOHN HERBERT EMBLIN , compositor, 134, Offord Road, Islington. I have a Savings Bank account in the Post Office. The deposit book produced is mine. It shows that on May 17 and 18 two sums of £10 each were withdrawn by telegraph. I did not make those with drawals nor authorise anybody to make them, nor receive either of those sums. I did not sign the notices of withdrawal produced. The signature, "J. H. Emblin, 134, Offord Road," is in both cases a forgery. The signature to the receipts of May 17 and 18 are not in my handwriting. My name has been forged; I know nothing of them. The signature to a notice of withdrawal by telegraph dated
May 21 is a forgery as well. I used to keep my Savings Bank book in a tin box in my bedroom. I am a single man. The box is looked with a padlock. I keep the box locked and the key in my pocket. I last saw the deposit book previous to it being produced at the police court on May 12. On May 19 I went away into the country and returned on May 20. I missed the book on the night of my return. The door of my room was generally locked and the landlady kept the key downstairs. Generally when she went out she locked the door. When I returned the lock of the padlock was intact as I left it; so it must have been unlocked by some one having a key to fit it. I do not know prisoner.
To Prisoner. Previous to my seeing you at Bow Street you were a complete stranger to me. It is not possible that I should have taken the book out and lost it.
ANNIE ELIZABETH COATTS . I am employed at the Goswell Road Post Office and was on duty there on May 17. Prisoner handed me the Savings Bank book produced and asked for a withdrawal by telegraph of £10. I gave him the withdrawal form and he signed it, "J. H. Emblin, compositor." It generally takes about two hours to get an answer. Prisoner went away and came back again. He then signed a receipt for the money and I paid him. I stamped the book and gave it back to him with the money. On the morning of the 18th prisoner again came to the post office and went through the same process of withdrawal. He came again on Tuesday, the 21st. The balance then standing to Emblin's credit was £71 16s. 11d. On the third occasion when prisoner asked for a withdrawal form we sent notice to the Confidential Inquiry Branch of the Savings Bank. Prisoner came in for the money I think at about 5.30. Two detectives were in the office. I gave the agreed signal by calling for a book. While prisoner was signing the receipt the detectives came out and took him into custody. I heard one of the detectives ask him if his name was Emblin and if that was his deposit book and he said, "Yes."
To Prisoner. A depositor can authorise another person to receive money, but not to fill up one of these forms; there is a special form for that purpose. A person unable to read could not authorise anyone to fill up one of these forms; he would have to be accompanied by a person known at the Post Office.
Police-constable ALFRED GEORGE ALEXANDER, Metropolitan Police, attached to the General Post Office. I went to the Goswell Road Post Office on May 21, arriving there at about a quarter past five. At half-past five prisoner came into the office and went to the counter. I saw him accept a receipt from the clerk, sign it, and hand it back. The book produced was presented by him. It is signed in the name of J. H. Emblin. I asked prisoner if the receipt was his
and also the book and he said. "Yes." I asked him what his name was and he said it was Emblin. I then told him I was a police officer and took him into custody. On the way to the post office he said, "My name is not Emblin; it is Watson." I asked him where he lived and he said, "I have no fixed abode." At the Post Office I cautioned him. I then said, "Mr. Emblin, of 134, Offord Road, has to-day reported the loss of his book. It is the book you have just handed to the clerk at the Goswell Road Post Office. How did you come possessed of it?" He replied, "I was in the 'Angel' on Friday last when I met a man who said he was waiting for a friend who could not read. He gave me the Savings Bank book and asked me if I would mind going to the Goswell Road Post Office and obtaining the sum of £10 by telegraph, which I did and handed him the money and he gave me 2s. I met the same man on Saturday and he again asked me to make a similar withdrawal and gave me the Savings Bank book for the purpose. I do not know the man nor where he lives. He said his name was Emblin and told me to fill up the form with the address 134, Offord Road. I never met the man before last Friday. He was tall and wore a silk hat." Later I told prisoner the charge and he made no reply; 18s. 6 1/2 d. was found on him.
To Prisoner. You did not tell me that the reason of your filling in this form was that this man could not write.
JAMES WATSON (prisoner, on oath). I was residing at a flat, 8, Colsterworth Road, Tottenham, at this time. I am a bookmaker. I w as in the "Angel" on the afternoon of Friday, May 17. A man at the bar got into conversation with me, and said he was waiting for a friend who was late, and he was afraid he would not turn up. He said he wanted to make a withdrawal from the Post Office, but he could not write himself; would I mind filling in the form and go and withdraw the money for him? I did so. He told me he could only withdraw £10 at a time, and he wanted some money for the holiday. The next day the same thing occurred. I gave him the money on each occasion, and he gave me 2s. On the following Tuesday the same thing occurred. I should say the Goswell Road Post Office is about 70 yards from the Angel. The man did not accompany me, but remained in the saloon bar. I had not known him before. It seemed to me funny that he should allow me to go and receive money on his account without going with me to see what I did with the £10. It did not appear so extraordinary that he should do it the second time. I took it for granted that as I had returned with the money the first time he could trust me the second time. On the third occasion I was arrested by the detective. I told the officer my name was Emblin because this man told me to do so if I was asked. I do not always do as I am told. There is nothing else I wish to say.
Cross-examined. When the book was handed to me I saw the signature "J. Einblin" on the front page. There is nothing in the signature to indicate that J. Emblin could not write. As to whether there is anything to indicate that he could, I do not know anything about these books, and I did not know whether that was his own handwriting. It might have been the handwriting of someone at the Post Office. I did not read the following note which, is printed at the side of the signature: "If the person whose signature is recorded cannot write his mark must be affixed in the presence of a witness and testified by the signature of that witness."
Verdict, Guilty. Prisoner pleaded guilty to a conviction at the Guildhall, Westminster, in July, 1905, for obtaining money by false pretences.
Sergeant JOHN KENWARD, N Division, stated that prisoner was liberated in July, 1906. In 1903 he was convicted of shopbreaking, and in 1902 of stealing a bicycle, and was sentenced to six months' hard labour in each case. Witness knew him as the associate of thieves in Islington. Prisoner visited at the house where Emblin lodged.
Sentence, Three years' penal servitude.
HURRELL, Allison James (32, printer), stealing a savings bank book and the sum of 19s. 101/2d., the goods and moneys of Francis Ernest Godinge; forging and uttering a certain order for the payment of money, to wit, a withdrawal notice for the payment of 20s., well knowing the same to be forged, and with intent to defraud; obtaining by false pretences from Josephine Lina Koorinski the sum of 20s., with intent to defraud.
Mr. Forster Boulton and Mr. Allan J. Laurie prosecuted.
RICHARD PHIPPS , manager, Victoria Hotel, Charterhouse Street. I first saw prisoner on May 7, when he applied to me in answer to an advertisement in the "Morning Advertiser" for a barman. I engaged him. He gave the name of George Hart, and a reference to Mr. Rock, of the City Arms, City Road, stating that he had been there six months and left in consequence of the house changing hands. I did not make inquiries immediately as Mr. Rock was living in private, and it was ratter a long way to go. I took prisoner on without a reference, intending to go and take up the reference next day. I had three other barmen, amongst them George Godinge. Prisoner shared the same room with him. Prisoner entered on his duties on May 8, and to my knowledge stayed until he went to rest of half past two the next day. He is entitled to a rest of two hours and 20 minutes. I never sow him again until after he had been arrested on May 22. He gave no notice of leaving, but was seat to rest and disappeared.
May 8, and left on May 9. On May 9 I went out in the afternoon about three o'clock. I am a depositor in the Post Office Savings Bank and the book produced is mine. I have £51 1s. 7d. on deposit. I did not withdraw £1 on May 9 nor authorise anyone to do so. I did not sign the demand for withdrawal produced with my name upon it. The writing on the envelope produced in which the book was sent back is not in my handwriting. I had the book in my possession on May 9. It was in my coat pocket which I hung up in the bedroom when I returned about half-past four. Prisoner came in about 10 minutes afterwards and I left him in the bed-room when I went downstairs. I missed my book about half an hour afterwards. Prisoner was due back in the bar about five o'clock. He did not come back. I did not see him go out, and when I went upstairs I did not find my book. I did not see him again until he was under arrest some days afterwards. I picked him out at the station from a lot of other men.
JOSEPHINE LINA KOURINSKI . I am employed at the post office in Finsbury Square. The Savings Bank book produced was handed to me on May 9 by a man for £1 to be withdrawn on demand, some time between 12.40 and 1.10 p.m. and 2 p.m. and 8 p.m., which are the hours I was on duty. I do not identify prisoner. I handed to the man the withdrawal form produced and he signed it in my presence. The book was left with me to be forwarded to the General Post Office and, according to the usual practice, the person leaving in was required to address an envelope with the place to which he wished it to be returned. I cannot say if the envelope produced is the envelope the man signed. The address on the envelope is "Francis Ernest Godinge, 62, Springfield Road, South Tottenham." The envelope was returned marked, "Not known." The address is the same as in the book.
Police constable WILLIAM ROBERTS, 13 A Division, attached to the Post Office. I saw prisoner on May 22 at 134, Offord Road at about 9.30 p.m. He was lodging there. I told him I was making inquiries about a Savings Bank book. He was occupying the front room on the first floor and Emblin, the prosecutor in the last case, occupied the back room adjoining. I told prisoner the book was missed between 4.30 and 5.30 p.m. on May 9 from the "Victoria Hotel." He said he was at home ill that day. I asked him to describe his movements on May 8 and 9. I asked him if he knew anybody of the name of George Hart, and he said, "No." He said also he did not know anyone of the name of Ernest Godinge. I told him what Godinge was and he said he did not know where the hotel was situated. I took him to the Gray's Inn Road Police Station and charged him.
ELIZABETH ALLARD . 134, Offord Road. I was prisoner's landlady. He first came to the house on April 24. He was accompanied by his wife and stepdaughter and I let him a room at 5s. a week. He paid irregularly. The first week he paid half and the balance on Saturday.
The following week his wife gave me 1s. 6d. and the prisoner brought me down a shilling on Tuesday, May 7, saying he was going to work on the Wednesday. On that night, May 8, his little girl brought me down 2s. 6d., making 4s. 6d. On Thursday, May 9, prisoner paid me the balance of 6d., and also said he might at well pay me the next Saturday's rent as he had it. Prisoner was not at home on the 8th, nor was his wife, who goes to work every day of her life. He asked me to take in any letters or telegrams coming in the name of Hart. A new bedstead came in on the 10th. Emblin had been with me seven years.
To Prisoner. There was a woman in the house who had occupied the first floor over two years.
Verdict, Guilty. Previous convictions were proved. Sentence, Three years' penal servitude.
Mr. G. L. Hardy prosecuted.
Prisoner was married in September, 1902, at Tottenham, and was afterwards separated from his wife. On February 5 in this year he went through a form of marriage with Martin, a domestic servant whom he had seduced.
Sentence, Three months' hard labour.
BEFORE THE COMMON SERJEANT.
(Tuesday, June 25.)
BROADBRIDGE, George (38, agent), and BAKER, Stephen (47, labourer) ; both forging and uttering certain requests for the payment of 12s. 6d., £3, and £1 6s. 3d. respectively, in each case with intent to defraud; to the obtaining by false pretences from Elizabeth Winter the several sums of 12s. 6d., £3, and £1 6s. 3d., in each case with intent to defraud.
Mr. Basset Hopkins prosecuted.
Sergeant FREDERICK WEST, C Division. On May 23, at 9.30 p.m on information received, I went with Sergeant Leach and Mr. Winter to Broadbridge's address—90, Rosebery Avenue. I said we were police officers and were making inquiries respecting a number of cheques and postal orders, to the value of over £1,000, which had been stolen from the letter-box of Mr. Heathorn, 51, Warwick Street, Regent Street. I showed prisoner cheque produced for £3, drawn by S. Baker to order of Mr. A. Heathorn, on the Kingsland branch, London and County Bank, dated May 6, 1907. It is endorsed, "Arthur Heathorn," and is stamped by the bank in red ink, "Orders not to pay." I said, "I have reason to believe that you got this
cheque cashed by Mrs. Winter at a public-house close by." He said, "Stephen Baker, who lives at 2, Gordon Street, City Road, gave it to me to get cashed. Cannot you see it is signed by him?" It is signed "S. Baker." I have found that the prisoner Baker lives at 2, Gordon Street. I then showed Broadbridge cheque for £1 6s. 3d. He said, "I know nothing about that cheque; I have never seen it before." I said, "Mr. Winter states that he cashed it for you." Winter said, "Yes, I did." Prisoner said, "He has made a mistake. I know nothing about it. The only one I cashed is the one Baker gave me. Mrs. Winter saw me about it the other day. I saw Baker this morning and told him the cheque had been stopped, and he said he would call this evening and pay her. Baker and me used to work together as private detectives for Inspector Davidson and Inspector Downes, of the City Police." I then told prisoner that I should take him into custody for stealing and receiving a number of letters containing cheques and postal orders to the value of over £1,000. He made no reply. He told me that Baker was working at a place called Funland, in the Edgware Road. We then took him to that address in a cab. On the way he said, "Baker must be a dirty dog to give me a stolen cheque. I thought it was his own or else I would not have taken it." On arriving at Funland I left him in the cab with Leach and went in and saw Baker." I said, "Is your name Baker?" He said, "Yes." I said, "I am a police sergeant and am making inquiries respecting a number of cheques and postal orders of the value of over £1,000 stolen from the letter-box of 51, Warwick Street, Regent Street, and I have reason to believe that you went with a man named Broadbridge, who is in custody, to a public-house at Islington, kept by Mrs. Winter, where you got one of the cheques cashed." He said, "Me? I have never cashed a cheque in my life. Who told you I had cashed a cheque?" I said, "The prisoner Broadbridge has made a statement that you gave it to him." He said, "He is a liar. He knows where he got it from, and can tell you all about it if he likes I saw him this morning, when he told me he was in trouble over a stolen cheque, and he asked me to lend him the money to pay the landlady. I told him I would, and was going to call at the public-house where he got the cheque cashed and pay her to-night on my way home. I did not think he would do a dirty thing like this after knowing him so long." The prisoners were then taken to Vine Street Police Station in two cabs, I taking Baker and Leach taking Broadbridge. At the station I confronted both prisoners and read to them the statements, which I have given, made by each. Broadbridge said "Yes, what I have said is true. He gave me that cheque, and he knows where it came from. He went with me to get it cashed, as it was signed 'Baker.'" Baker said, "He told me a man named Jimmy gave him the cheque in Holborn, but as it was drawn by S. Baker he asked me to go to the public-house with him to get it cashed in case they should ask whose cheque it was. I am sorry now I let him do that." They were then charged with being concerned together in
stealing the cheques and made no reply. On the next day, May 24, I saw Broadbridge at Vine Street apart from the other prisoner. He said he wanted to speak to me. I cautioned him. He then said, "A man they call 'Flash Jimmy' gave me the cheque for £1 6s. 3d. and he gave Baker the one for £3. We went to my address, and in the presence of Baker I endorsed them both 'Arthur Heathorn.' I then went to the 'Empress of Russia' and asked the landlady to cash me the cheque for £1 6s. 3d. She did so, and I gave Baker half the money. He went with me when I cashed the cheque for £3. He had £1, 'Flash Jimmy' had £1, and I kept the other." I then confronted them and read that statement to Baker. Baker said, "Yes, that is quite right. I do not know 'Flash Jimmy's' address." On June 1 I saw them at the police court and showed both prisoners cheque produced for 12s. 6d., drawn by F. Headland Ward in favour of Heathorn or bearer on the Birkbeck Bank. I said, "This is another cheque Mrs. Winter states she cashed for you. Broadbridge looked at the endorsement and said, "Yes, I endorsed that." Baker said nothing. It is endorsed "Arthur Heathorn."
Cross-examined. Broadbridge said he worked for both Downes and Davidson. I do not suggest that Baker drew the cheque for 12s. 6d. Prisoners were detained, pending inquiry, at the station on the night of May 23, and were charged the next day. Baker asked to be put with the other prisoner, but the officer would not allow it The statement with regard to Flash Jimmy was made by Broad-bridge before he saw Baker.
LOUISA BAKER , 53, High Street, Kingsland. I keep a restaurant on behalf of my husband, and have his authority to draw cheques. I drew cheque (produced) for £3 in favour of Mr. Heathorn, and posted it to him. I received information and stopped the cheque. It is signed by me, "L. Baker."
Cross-examined. I do not know the prisoner at all. I have had transactions with Heathorn for some years. The cheque was sent on commission for a bet.
CHARLES FREDERICK SERMON , 16, Mead's Road, Wood Green, dealer in jewellery. I drew cheque for £1 6s. 3d., and posted it to Heathorn, 51, Warwick Street, on May 6. On the same day F. Headland Ward, a friend of mine, wrote out cheque (produced) for 12s. 6d., addressed it to Heathorn, 51, Warwick Street, and I posted it with my own letter. It is stamped, "Paid May 10, 1907."
Cross-examined. I have known Heathorn for some years as a batting man, and have had dealings with him. I met Ward in Ludgate Circus and posted the letters in the pillar box at Holborn Circus. The two cheques were in respect of horses which had run—for accounts owing. I have known Ward eight or nine years, and met him frequently. I do not know his address, but I know where his relations live.
at 51, Warwick Street, at about 7.50 a.m., putting them in the letter-box. The door was open, but the letter-box was padlocked and secure.
Cross-examined. I am the regular postman, for 51, Warwick Street. I have never seen prisoners about there, and have never seen them before.
CLAUD CHARLES HARMAN , 51, Normanton Avenue, Wimbledon. I am manager to Alfred Heathorn, commission agent, 51, Warwick Street, and it is my duty to open correspondence and endorse cheques. On May 7 arrived at the office at about 10 a.m. and found the door of the letter-box had been bent back, the lock forced off, and no letters therein. The handle of a chisel (produced) was inside the box. The three cheques (produced) are not endorsed by me. They are endorsed "Arthur Heathorn." Mr. Heathorn's name is Alfred. I know Heathorn's writing; they are not endorsed by him. From inquiries I have made I gather that other cheques have been stolen besides the three (produced).
Cross-examined by Baker. I gave the amount of the stolen cheques to the police as £1,050, having ascertained it by writing to our clients and learning that cheques to that amount had been sent. Our clients have the counterfoils and have stopped the cheques. We do not accept anything from people we do not know, and they are not likely to send them. I know the amount from the books.
ELIZABETH WINTER . I have kept the "Empress of Russia," St. John Street, for 11 years. I have known Broadbridge for about six months as a customer, and he has occasionally asked me to change cheques. On May 7 or 8 he changed cheques with me (produced) for £1 6s. 3d. and 12s. 6d.; I kept them a day or two, and handed them to my accountant.
Cross-examined. Broadbridge used to come with a jug for beer, not to drink at the house. I asked him for his address, and he wrote it on the envelope (produced), "60, Rosebery Avenue. I saw him there, and told him the £3 cheque had been stopped. He said he would see Baker about it, and see if he could get the money for the cheque, and he came to see me two or three times about it. I have not received the money. The cheques for £1 6s. 3d. and 2s. 6d. were honoured. I do not know Baker and have never seen him to the best of my recollection.
THOMAS HIGGS WINTER , son of Elisabeth Winter. On May 11 both prisoners came to our public-house. Broadbridge produced cheque for £3, and said, "I want you to change me this cheque." I spoke to my mother, and gave the money to Broadbridge.
Cross-examined. I knew Broadbridge lived at 90, Rosebery Avenue, which is round the corner, a few doors off. I should think it strange for a man to steal cheques and pass them at a place where he was known. We should not have changed them for a stranger.
Mrs. SUSAN GOWLAND, and, 90, Roserbery Avenue. Broadbridge has lived at my house for two years. I can speak very highly of him ever since he has been there. He has borne a good character. I have never known him go out before nine a.m. He has had a little to drink since the other prisoner has been backwards and forwards. He has usually gone out about nine a.m. and returned in an hour or two.
GEORGE BROADBRIDGE (prisoner, on oath). I have never been out before nine a.m., when I usually go to the library and return. Baker would call for me at about 10 or 11, and I would go out witti him on my way, to work. We used to call at Henekey's, in Holborn, and have half a pint of beer. We there met several times during the past month a man called "Flash Jim"—that is the only name I knew him by. He asked us if we would change a cheque or two for him at the public-houses we used. I said I only used one house where the landlady knew me. He handed us two cheques for 12s. 6d. and £1 6s. 3d. We went to my place. I endorsed them and I changed them with Mrs. Winter, as she has said. The next day "Flash Jim" haded me the £3 cheque, which I presented with Baker to Mrs. Winter, and she changed it as stated.
Cross-examined. The only person who knows anything about this matter is Flash Jim. I do not know where he lives—I wish I did. I used to meet him at Henekey's and have a drink with him. We feonld not try to get him because we have been in jail five weeks. Henekey's is a house frequented by betting men. I can read and write, and saw the cheques were made payable to Heathorn. I did not sysk Flash Jim what his other name was or whether his name was Heathorn. I did not ask him to write his name on them. He said, "If you put the name of Heathorn on the back you will find they are all right." I signed a false name without any communcation with Heathorn. When Weet came to my place he only mentioned about it the cheques he had in his hand. He showed me the £3 one, and said it had been cashed by Mrs. Winter at a public-house close by. I do not remember saying Stephen Baker, who lived at 2, Gordon Street, City Road, gave them me to get cashed. I did say," Cannot you see it is signed by him?" I was in great confusion when West came to me. I said I had not seen the £1 6s. 3d. cheque before. I cannot account for saying that. Baker, Flash Jim, and I divided the proceeds of the cheques.
STEPHEN BAKER (prisoner, on oath). I do not have to go to work before 12 in the day. Broadbridge has been in the habit of meeting be in the City Road, and we would go into Henekey's to have a drink; they give you some biscuits. We got into conversation with a
man I heard called Jimmy, or Flash Jimmy, and he said he had started a racing commission business for the flat-racing season, and he had to get crossed cheques passed through friends as he had no banking account. He then gave us the two cheques for £1 6s. 3d. and 12s. 6d. I went with Broadbridge to his house. I did not tee him endorse them, and I was not with him when he cashed them. Jimmy gave us 2s. 6d. out of the 12s. 6d. cheque, and we Had 5s. each out of the £1 6s. 3d. After the £3 cheque was cashed Broadbridge came to where I was employed and said Mrs. Winter had been to his house and told him the last cheque was a wrong one. I told him to go and try and find Jim, and after I had left my work at 11.30 p.m. I went round to try and find him. The next morning we went together. Baker was going into Mrs. Winter's telling her we were trying to find the man. Baker was like a madman, and kept saying, "What about my poor mother?"
Cross-examined. When West came to me I was flurried. I think West's account of what I said is right.
Broadbridge further stated that it was the first time he had ever been in trouble. When he had the cheque given him he had had some drink, and he would not have dealt with them if he had thought they were stolen.
Verdict, both prisoners, Guilty; sentence, each Nine months' hard labour.
WARDEN, Florence (27, flower seller) pleaded guilty , to feloniously receiving a bioycle, the property of Frederick Birnie, and 30 ties, the property of John Carter, well knowing them the same in each case to have been stolen.
Mr. Bohn prosecuted; Mr. Purcell appeared for prisoner. Sentence, Nine months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Tuesday, June 25.)
Mr. Bodkin prosecuted.
WILLIAM JAMES SMITH , Usher at Clerkenwell Police Court, deposed to administering the oath to prisoner when he was charged at that Court in April and to the fact that the Magistrate cautioned prisoner as to committing perjury.
OLIVER WHEELER , Chief Clerk at Clerkenwell Police Court, deposed to taking notes at that Court of the evidence of prisoner on April 12. Witness was not certain whether the magistrate cautioned prisoner. The laiter's evidence was to the following effect: "I live at White Lion Street, am a costermonger, and have two rooms at 7s. 6d. a
week. I have lived with Hall. I contradict the evidence. I have never allowed couplet to use my rooms. So far as my knowledge goes, Hall has not allowed couples to use my rooms. Couples have applied for admission, but I have not admitted them. I was there on Tuesday when a female and a man came to the door, but I shoved them away. The police came up and they went away. I denied to the Inspector that I had taken Is. 6d. for the room. I hoard what the constable said at the police station. I said it is a lie. (Cross-examined.) I live with Mrs. Mould; she took these rooms. I never received notice for not paying rent. Someone complained to the landlord." Prisoner was sentenced to three months' hard labour for keeping a brothel, or assisting in the management of one. I believe the girl, Ellen Hall, was bound over in £10.
Sergeant Fkidikick Fuller, G 7. I kept watch on the premises, 17, White Lion Street, Islington, from March 26 to April 1, and saw couples using the house each night—39 altogether. (Witness gave other instances of the house being used as a brothel.) When prisoner was seen by me and Inspector Briggs on April 3 he said he had tried to keep the people out of the house. Prisoner and Ellen Hall were taken into custody. On the way to the cells prisoner shouted to the woman, "We shall have to be careful now or we shall get in the wrong box; not a word." Later on the tame night I arrested two men and a woman for breaking into 17, White Lion Street. Prisoner was confronted with these people, and the woman said to prisoner, You I now me, Alec, I have been using your rooms for the last six weeks, paying 2s. a night." Prisoner made no reply. This woman was one that had a disturbance at prisoner's place on March 26.
Police-constable G 179. I watched 17, White Lion Street with Sergeant Fuller, and corroborate him as to the number of people teen going in. Prisoner and Hall let them in. Prisoner was there every night during our observations. I could not say who had the money that was taken from these people. The door was generally tiar; if it was not they knocked and the woman Hall came to open it. Then the prisoner would come down and wait at the gate. Sometimes prisoner would go to the public-house.
ELLEN MARY HALL . About 18 months ago I was employed at Stratf ord as waitress in a coffee shop and met prisoner there. I had relations with him there. After that I went to work at Bow, and was till intimate with prisoner, who later on took me to 17, White Lion Street. Prisoner lived there as Moule; I kept my own name. We had two rooms—one had a bedstead in it and the other a bed on the floor. I used to let the people in. Prisoner used to be out; sometimes he was in in the evening. Couples have come while he has been in. I used to give to prisoner the money I took (about £2 a week). When I used to go out prisoner remained in the house. I remember telling the officer when I was arrested that I got Is. 6d. for the room, and that I used to take the money. When we were in the cells prisoner holloaed out that I was not to lay anything. I
gave evidence at the police court after prisoner had given his. I denied then that couples had been coming to the house. Prisoner had told me that if I told the truth he would make me suffer for it. What I have said today about the couples is the truth. Prisoner never brought home money to me from his work in the daytime. I do not know that he used to go out as a costermonger.
To Prisoner. You used to go to Covent Garden or Spitalfields sometimes. Before this brothel was kept you used to work in the daytime. You used to take me with you. You used to sell winklea and shrimps on Sundays. You had the brothel for three weeks, starting on March 26. You were persuaded to keep this place by the man upstairs, when you found you were getting into trouble. You were threatened by a woman's husband for not letting her use the room. You tried to stop other women coming in as well. When you were threatened you said you would go to the police station and tell them about it. You said you were not going to prison for keeping this place; that you could get your living without this. One night some people came up when you were going to bed; they forced the door, and when one man was knocking another about you interfered and got knocked about, breaking a table, and you had your brown boots stolen. (To the Jury.) I started this business by prisoner's direction. You were told to keep the brothel by some other man. You told me to kiss the Bonk at the police court. The solicitor asked if you wanted to go in the witnes box and you said "Yes." When you told a lie in the box it was about me; you did not tell a lie about yourself. You did not tell me to tell a lie so us to hield yourself; it was to help me. You told me to blame it all on to you when we were in the van.
Re-examined. Prisoner did not tell people not to come in while I was taking the money from them.
Inspector WILLIM BRIGGS, G Division. On April 3 I went to White Lion Street and saw the woman Hall, who made a statement, which was repeated to prisoner when he was brought to the lodgings by Sergeant Fuller. I said to prisoner, after reading the warrant to him, "This girl states that she did not have the money; you took the money, Is. 6d., each time." He then said, "I tried to keep them out; I will admit they have come here and offered Is. 6d. a time." I looked at the rooms, and they were in a most deplorable, filthy condition—in fact, the worst in the whole of my 27 years' experience—an awful state. (Witness described the furniture in the room.) I took the two of them to the station, and when they were beind pat in the cells prisoner said. "We shall have to be careful now, or we shall get in the wrong box—not a word." About half-past one the next morning a woman and two men were brought in and confronted with the prisoner, who was asked if he wished to charge them with breaking into his place. He said, "No." The woman laughed and, looking at prisoner, said, "You know I have used your rooms for six weeks as a brothel and paid you 2a. a time. You know that is true,
Alec." Prisoner made no reply. At the police court on April 4 I heard prisoner give evidence and heard the magistrate caution him twice during his evidence; also before he began. (Witness gave evidence as to seeing prisoner go in and out of the houte in question and at to people visiting the house.) I have not seen prisoner trying to keep people out of the house.
Prisoner's statement before the Magistrate. I have not decoyed the girl away. I told a lie in the witness-box. I did not know it was perjury. I did not know I was committing another crime at all. I told a lie on purpose to try and keep Hall from going to prison. I never knew nothing about prostitution or brothel-keeping at all. I courted Ellen Hall, who has been a prostitute; her mother was a prostitute, and is still. I never knew about this till she charged my brother with committing rape on her. I never knew nothing about the brothel in White Lion Street till she mentioned about it."
FREDERICK BAKER , 17, Sidney Street, City Road (brother of prisoner). I asked prisoner what he was doing for a living; what game he was playing. He had a drop of drink in him, which was quite mutual. He said, "I am starting a thing not so easily stopped as ton can think"—he meant that lie could not stop it so easily as he had started it. That is all he said on that subject.
To Prisoner. You always worked before you got mixed up with this party what has got you into allth trouble, or you got her into trouble, I don't know which way it is.
To the Judge. Prisoner used 'to go to Covent Garden and buy flowers with the female; they worked together. He used to borrow money off me to go to Covent Garden.
Cross-examined. It was about Christmas when prisoner told me about his starting something not so easy to stop. I was not very friendly with prisoner. He has not been the same man since he dived off a bridge into the river once—it was about five years ago.
Mrs. RICHARDS. Prisoner used to work for his living during the two years I have known him. I know nothing about the girl Hall, and did not know prisoner during the three, or four weeks before this affair.
Prisoner made a statement from the dock embodying what he said, in his previous statement. He said he would not have wanted to go in the box if the solicitor had not told him to. He had worked bard for his living since he was 13.
Verdict, Guilty. Sentence, Three weeks' hard labour.
BALL, Arthur (34, bookkeeper) pleaded guilty , to stealing one pair of bicycle tyres, the property of the Dunlop Pneumatic Tyre Company, Limited, his employers, and feloniously receiving same; embezzling the sum of £2 received by him for and on account of the Dunlop Pneumatic Tyre Company, Limited, his employers; stealing a motor cover, the property of the Dunlop Pneumatic Tyre Company, Limited, his employers, and feloniously receiving same.
Prisoner had a good character; he had been 10 years with his employers; and a well known firm had promised to give him employment if he was not sent to prison. Judge Lumley Smith said it was impossible for him to allow prisoner to go unpunished. Sentence, Six months' imprisonment in the second division.
GREIG, Susan Ethel (36), pleaded guilty to obtaining by false pretences from Thomas Cross Reeve £2 2s., the moneys of Henry Cherryman, with intent to defraud. Prisoner pleaded that she was in great poverty, and that her children, were starving at the time of the crime. She was released on her own recognisances in £5 to come up for judgment if called on.
WEST, William (64, porter), and COCKRANE, William (32, printer's reader) ; on May 22, 1907, indecently assaulting Beatrice Caroline Greenfield, a girl under the age of 13 years; on May 23, 1907, indecently assaulting Beatrice Caroline Greenfield, a girl under the age of 13 years; on May 22, 1907, indecently assaulting Alice Agnes Eva, a girl under the age of 13 years; on May 23, 1907, indecently assaulting Alice Agnes Eva, a girl under the age of 13 years; Cockrane assaulting Beatrice Jane Greenfield. Both pleaded guilty to indecent assault. Sentence, each prisoner, Four months hard labour..
MARLOW, Margaret, pleaded guilty to fraudulently converting to her own use and benefit certain sums of money entrusted to her by Johanna Stanton. She was released on her own recognisances in £5 to come up for judgment if called upon.
LYONS, James (62, canvasser), pleaded guilty to breaking and entering the warehouse of Reginald Smith, and stealing there in the sum of £4 Is. 3d., his moneys. He also confessed to previous convictions, including one of seven years' penal servitude in 1874 and five years' penal servitude in 1888. Sentence, Three years' penal servitude.
OLDEN, Henry (36, labourer), pleaded guilty to robbery with violence on Walter Huntley, and stealing from him one tobacco pouch and the sum of 19s. 6d. He also confessed to being sentenced in 1896 to three years' penal servitude and police supervision, and to another conviction in May last. Sentence, 18 months' hard labour.
BEFORE MR. JUSTICE DARLING.
(Wednesday, June 26.)
DOWDING, Charles Alfred (52, solicitor), pleaded guilty to having received a certain valuable security, to wit, an order for the payment of £100 on account of George Herbert Ody and John Henry Ody, did fraudulently convert the proceed thereof to his own use and benefit; having received a valuable security, to wit, an order for the payment of £402 7s. 2d. on account of George Herbert Ody and John Henry Ody, did fraudulently convert the proceeds thereof to his own ate and benefit; having received a valuable security, to wit, an order for the payment of £15 8s. 9d. on account of George Herbert Ody and John Henry Ody, did on divers dates between October 26, 1906, and May 4, 1907, fraudulently convert the proceed thereof to his own use and benefit; having received a valuable security, to wit, an order for the payment of £15 8s. 9d. on account of George Herbert Ody and John Henry Ody, did on divers dates between January 9 and May 4, 1907, feloniously convert the proceeds thereof to his own use and benefit.
Sir Charles Mathewe and Mr. Bodkin prosecuted; Mr. George Elliott appeared for prisoner.
Prisoner, who was admitted a solicitor in 1878, latterly practised as Johnson and Dowding, in Finibury Square. The Messrs. Ody held as trustees some public-house property at Twickenham, in respect of the sale of which the money was plaid to prisoner. He was adjudicated a bankrupt in May of this year. There was no allegation of gambling or Stock Exchange speculation or extravagant living.
Sentence, Three years' penal servitude.
BARHAM, Alfred (22, leather dresser), STANLEY, James Hamilton (20, blacksmith), WHITFIELD, William (16, bookbinder) ; all burglary in the dwelling-house of James Whitfield, with intent to steal therein; all feloniously wounding Mary Ann Whitfield, with intent to do her some grievous bodily harm; Stanley, feloniously wounding Mary Ann Whitfield, with intent to kill and murder her, and to do her some grievous bodily harm. Stanley pleaded guilty to all the indictments.
Mr. Beaumont Morice prosecuted.
Police-constable WALTER HART, 403 P. At quarter-past 12 on the night of June 11 I was in St. George's Road, Camberwell. My attention was drawn to a woman standing in a doorway (Mrs. Whitfield), whose face was smothered in blood. While I was speaking to her up came her son (prisoner, William Whitfield). I told him I should take him into custody on the charge of doing grievous bodily harm to His mother. In the back yard I found the hammer produced. Prisoner said, "I went out to the back to quiet the dog, when my mother came out. I heard her shout. Then I ran out after the other man." I took him to the station, where he was detained.
Inspector EDWARD BADCOCK, P Division. At 1.45 a.m., on June 12, I found prisoner Whit-field detained at Peckham Police Station. I told him I was a police-inspector and that he would be charged with being concerned with others in causing grievous bodily harm to his mother by striking her on the head with a hammer. He made the following statement, which was taken down in writing and signed by him: "My mother is always jawing me, so I was going to run away with my mate, Jim Stanley. We agreed to go into my home at half-past 11, break open the safe, which is upstairs in my mother's bedroom, take the money out of it, and run away. We said we would do this two or three days ago. Last night I met Jim Stanley about five o'clock round at his house and spoke to him about it. I waited at his house till eight, and then he went with me for a walk. In Abbey Street we met a chap—one of his pals. My mate told him what we were going to do, and he said" he would come. We all weat to our back garden. I knocked at our side gate and my mother I let me in. I went out into the yard and undone the garden gate and I let them in. The dog started barking, and I tried to calm him. While I was doing that my mother came down into the yard. I was standing by the dog; they were at the other end. My mother asked what was the matter. I said, Nothing.' She went down the yard to them. As she came up the yard they came out. I heard a blow. She screamed and fell down. They ran away out of the garden gate. I looked at her. She was lying on the ground with blood on her face. I ran away. I came back about 10 minutes afterwards. My mother said, 'My boy knows all about it' and the policeman took me. We were going to break the safe with a jemmy which is kept in Dad's tool box. Jim Stanley said he would tie a handkerchief over her mouth. My father is on the railway, and did not come home until one o'clock. I make this statement of my own free will and without promise or threat." I made inquiries and, accompanied by Detective Howard', I went to 5, Perseverance Street, "Bennondsey, where I saw prisoner Stanley. I told him I should arrest him for being concerned with Whitfield and another in committing burglary at 160, St. George's Road, Caniberwell, and causing grievous bodily faarm. I subsequently went with Stanley to Barnaul's home and knocked. Barham came to the door. Barham was told the charge and replied, "I thought as much." They were subsequently charged and made no reply.
Detective THOMAS HOWARD. P Division, also gave evidence of the arrest of Barham. On the way to the police station Barham said, "I knew they were going to get some money, but I did not think they was going to hit the old woman with the hammer. I waited at the corner, When the dog barked. I thought they were outing' it, it was making such a row. I thought it would wake the street, so I ran away. Jim Stanley came and fetched me last night, and said he had got a job for me." Barham, when charged at the station, made no reply.
MARY ANN WHITFIELD , wife of James Whitfield, 160, St. George's Road, Camberwell. I am a tobacconist. I do not keep more than £5 in the house as a rule. What money we have we keep in an iron box in our bedroom. My son William lives with me. He U 16. He knows where I keep the iron box. On June 11, at about half-past 11 at night, I let him in at the side door. He came into the shop parlour, and then went straight through into the back garden. He came back again to the shop parlour, looked round, and then went out again. As soon as he got out the dog began to bark, and, thinking there was something wrong, I went out and found he was holding the dog. I asked him what he was holding the dog for, and he said to pacify him. I told him there was no need for that, because the dog Aid not want no holding. I stepped off the wash-house step and went to go down the garden, and I had not got very far before I was struck. I was struck on the forehead just over the eye. I could not see who struck me; it was so dark. I fell down When I got up I was struck again. I fought with the man first, and then he knocked me down again. They had me round the throat very tight. I say "they" because I am sure there was more than one pair of hands. I did not hear anything said. When I got up the second time I fought with them again. I am certain there was more than one. Afterwards I crawled indoors and bolted the door. I did not see my son again until the policeman brought him back. That was about 10 minutes afterwards. I told the policeman, he knew all about it. The hammer produced is my hammer. It was generally kept in a tool box under the kitchen table. I put it there myself the previous Sunday. My husband is employed on the railway, and does not come home till one o'clock. The girl went home about 20 past 10. My son would know that I was alone in the house.
To Barham. I am certain my son was not one of those holding me. He was standing behind with the dog. I did not hear Stanley go to the gate and call for help.
ARTHUR HENRY ROBERTSON , printer's labourer. On the night of June 11 I was at the corner of Gloucester Road. I saw young Whitfield go to the or of the house, and Stanley and Barham go in at the yard gate where the dog was. I heard the dog bark and a woman scream. I afterwards saw Stanley and Barham go out of the yard gate and Whitfield come out of the street door. The woman rushed to the window over the shop and screamed that she wanted the policy. She was in a fainting condition, with her face smothered with blood. She came down to the door and said, "My son knows all about it." The two men had gone then. When they came out of the yard gate one of them said to the other, "Let ue run." I identified the two men at the station.
THOMAS WILLIAM HINE . On the night of June 11 I was in St. George's Road. I heard some dogs barking. I saw young Whitfield come from the side door of his mother's house and Stanley and Barham coming from the get. The two latter ran round by the right
of the shop into Camden Road North. Barham stopped at the corner und told me not to lose sight of his two companions. Mrs. Whitfield came to the window when I came back. She was in a critical state, and her face was smothered with blood. I heard her say, "My son knows all about it." Whitfield came back afterwards. At the police court I picked out Stanley and Whitfield from about a dozen men.
Mr. Beaumont Morice said that Stanley having volunteered to give evidence he proposed to put him into the box.
Mr. Justice Darling said he did not think be could allow that.
Dr. ERNEST HENRY DRAKE, surgeon, St. George's Road, Camberwell. A little after half past 11 on the night of June 11 I was called to Mrs. Whilneld's house. I found her suffering from an injury to her head, and her face and hands were covered with blood. On examination I found a punctured wound on her forehead a little to the right of the medial line and close to the hair. It was not a straight wound, but curved. The constable handed me a hammer like the one I see here. I placed the hammer on the wound and it exactly fitted the curvature of the wound, which was slantwise, not full, and half-moon shaped. There were wet bloodstains on the handle of the hammer. She was also, of course, suffering from shock and loss of blood. I dressed the wound and have been attending her since. It was a dangerous wound and might have caused death. The skull was not fraciured, but it would not have taken much more to fracture it. There is danger of erysipelas in cases of this kind, but that danger is now passed. Erysipelas often leads to death.
ALFRED BARHAM (prisoner, on oath). On the night this occurred I left my mother's house ad about half past 10 it night. When I got as far as Abbey Street Stanley and this chap (Whitfield) came up. Stanley said, "I have been down to your missus's house for you. I have got some nice work for you at the Cattle Market." So I said "Yes." He said, "I am going to see the butcher. It is at Peckham where he lives." Of course, I went with him, and he told me saw he was going to have the money in Mrs. Whitfield's house. I said, "You do it. I am not going to have anything to do with it" He laughed at me. We were then standing at the corner of the shop. Whitfeld then came to the back gate and called Stanley, and Stanley went in, leaving me outside. I did not know which way to go. I saw the witness Robertson, and hearing the dog barking I told him I believed they were "outing" the dog. Stanley came to the gate and called out "Help!" I then walked round the corner Stanley and Whitfield came up to me. I said to them, "Get away from me," and they cleared out end ran by me. I went back and said to the Witness, "They have been killing the dog," and the witness remarked that young Whitfield was the son of the shop and lived there. I then cleared for home. As I was passing the coffee stall in Abbey Street
a man asked me to have a cup of coffee, and at about quarter past 12 Stanley came up and said, "I have shoved her out." He went home and I went home, and I did not see tall next morning what had occurred.
Cross-examined: I did not hear a woman scream. I heard the dog barking. The witness did not see me go into the yard as he states. I have known Stanley a good many yean. I do not know mach good of him. I know that he had just come out of prison. I represent myself as an honest, respectable man. I cannot tell why Stanley should select me to help in committing a burglary. I thought he Was going to take me to the Cattle Market the next morning. I have a wife and two children, and am out of work. When Stanley told me what he was going to do, which was not until I got to the shop, I told him I would not have anything to do with it at all. I am a riverside labourer and get a day's work where I can.
Verdict, Barham and Whitneld, Guilty of feloniously wounding.
Prisoners were then tried in respect of the indictment for burglary, the evidence being identical, and were found Guilty. Previous convictions aganist Stanley were proved.
Inspector Badcock said Stanley bore a very bad character. He did not know that he had ever worked at his trade as a blacksmith.
Sentences: Stanley, 10 years' penal servitude; Whitfield, two years' hard labour; Barham, 18 months' hard labour. Mr. Justice Darling informed the jury that he had recommended that Whitfield should undergo the Borstal system of treatment, which was intended to teach, and was efficacious in teaching boys like that to behave decently, and also some trade or occupation. It was a kind of reformatory system, and was very successful, and the subjects of it were not herded together with ruffians like Whitfield's friend Stanley.
Mr. Drummond prosecuted; Mr. G. L. Hardy defended,
GEOEGE BUSBY , 13, Christchurch Residences, Lisson Street. I am 15 years old. At about ten minutes to eight in the evening I was on the towing-path of the Regent's Canal. I saw prisoner nursing the baby. She stooped down to the water with the baby in her arms. Suddenly she put the baby in the water and pressed its head under. I then called out to Mr. Drury, who was on the other side playing with a dog, "Save the child." Mr. Drury came over the rails and took the baby out of the water. I took the wet things off the child, put my cape round it, and afterwards gave it to the constable.
Cross-examined. When I first saw prisoner I was just turning out ¦of the Portsdown Road.
WALTER DRURY , carpenter, 9, Portsdown Road. On the evening of May 21 I was in the Portsdown Road. When the last witness called out to me that the woman was putting the child in the water I jumped over the fance on to the towing-path and ran to the woman.
She was bending down with her hand on the child's chest so that the child's face wan under the water. I pushed her on one side with the left hand and caught hold of the child with the right and pulled it out of the water. I held the child on my left arm and let the water run from it. Then I called to the boy to take the child and handed it to him, and then took the woman by the arm and led her up to a policeman, who was on duty at Aberdeen Place. I said, "You bad woman." She made no reply, but looked very strange, as if she was really off her head.
FREDERICK WILLIAM SPURGIN , Divisional Surgeon, D Division. On May 24, in the evening, I was called to the police station and examined the child which had evidently been in the water. It was cold, and suffering from the effects of immersion. I was asked to examine the prisoner when she was before the magistrate. She was in a state of extreme physical debility and mental too. She was exceedingly depressed, and I told the magistrate I considered her mental condition was due to the extreme state of debility that she was in. I formed the opinion that this state of debility was due to privation and want of food.
Police-constable ELIAS LEATHERDALE, 207, D Division. Shortly be-fore eight p.m., on May 24, I was on duty in Maida Vale when prisoner was brought into my custody by the last witness Drury, who said she had been trying to drown the child in the canal. I told her I should charge her with attempting to drown the child. She said, "It was my daughter's child. I intended to drown it." I thought she looked very strange at the time. She was rubbing her hand and seemed funny about the eyes. She gave me the impression of being strange in her manner.
ROSINA EMILY BUTLER . I am a single woman living at No. 1, East Cottages, Church Street, Marylebone, and do needlework. Prisoner is my mother, and lived with me. The baby is my child, and was born in the Marylebone Workhouse. My mother was not an inmate of the workhouse when the baby was born, but afterwards became one. I left the workhouse about a fortnight alter I was confined and went to live with any mother in Little Church Street. My mother was very kind to me indeed, and was kind to the baby. After May 13, when I came out, my mother was at work charing. We are very poor. We had enough to eat. We lived upon what mother earned. I cannot tell you how much she earned. I remember May 24. Mother seemed very strange in her manner that day. She went round to my mistress's place and said, "Will you come round and look? I have killed Rosie, and you cannot get into the room for blood." The woman came round and found I was all right. My mother seemed very distressed because she could not get much work. We had enough to eat on May 24. We had breakfast, no dinner, and some tea. For breakfast we had tea and bread and butter, and tea and scones for tea. We had dinner the day before. There were no
chairs in the room, only a box, and two pillows and a rug. We slept on the floor. Mother had sold the furniture to gel food With.
To Mr. Justice Darling. The father of the child does not make me any allowance at present, but he is going to. I have not taken out a summons against him. We are going to be married to-morrow.
Verdict, Guilty of attempted murder, but insane at the time, so at not to be responsible in law. Prisoner was ordered to be detained during His Majesty's pleasure.
Mr. Drummond said his lordship would be glad to hear that a number of persons, the police in the first place, the court missionary at Marylebone, and Mr. Scott-France, of this Court, were interesting themselves in behalf of the mother and child to relieve her necessities and provide for her future. She was to be married, though that might or might not be of advantage to her.
Mr. Justice Darling said he was glad to hear this, but there were a great many people equally poor who had not the advantage of so much publicity, and did not get so much done for them.
JEVON, Henry Pearce (65, merchant), pleaded guilty to feloniously sending, knowing the contents thereof, a letter to George Robert Harradine, demanding money of him with menaces, without reasonable or probable cause, and uttering the said letter.
Mr. George Elliott and Mr. Forrest Fulton prosecuted; Mr. Curtis Bennett appeared for prisoner.
Prisoner accused Harradine of receiving stolen goods, and demanded £100 on account on condition that he did not prosecute, at the same time reminding Harradine that he had been previously convicted.
Sentence, Six months' hard labour.
BEFORE THE COMMON SERJEANT.
(Wednesday, June 26.)
BRAILEY, George (28, cook), pleaded guilty to attempting to utter counterfeit coin to Thomas Webb and uttering coin to Alexander Dew and George Cunningham, well knowing the same in each case to be counterfeit.
Mr. Sendu prosecuted; Mr. P. Methuen (at the request of the Court) appeared for prisoner.
Prisoner had purchased three gilded Jubilee sixpences for 5s., had them regilded by a jeweller, and passed them as half sovereigns. Dr. Seott, of Brixton Prison, stated that he had had prisoner under observation since May 28, and that he suffered from pains in his head caused by an accident. Granville Fitch Bilbrough, 58, Burlington toad. Small Heath, Birmingham, Midland Railway clerk, undertook to see that prisoner did not become a charge on the community, said
he believed that he could find him employment, and would undertake to report to the Court on September 10 as to the prisoner's behaviour. Prisoner was then released on his own recognisances in £20 to come up to the Court on September 10 next, and meanwhile to be of good behaviour.
Mr. Ormsby prosecuted.
THEODORE SCHLATTER , 18, Praed Street, Paddington, greengrocer. Prisoner came to my shop and sold me flowers two or three times. Some time afterwards he said he could procure things cheap from the market, and offered to buy goods cheap for me on commission. I entrusted him with Various small sums, and he brought the goods back. On May 30, 1907, he said he could get goods cheap under the hammer, and asked me to entrust him with £15. I said that was too much, and entrusted him with £10 to do the beat he could. This was Thursday afternoon, and he ought to have come back in two or three hours. He came on Friday evening, and said he had been to Tilbury Docks and had purchased 50 baskets of cherries at 3s. 3d., and would deliver them the next day. He never returned.
Cross-examined. I had previously lent prisoner £2£that was a different thing altogether to the £10. He has not paid me the £2. The £2 was for him to buy a few odds and ends at Covent vrarden Market for himself.
ELIZABETH SCHLATTER , wife of the last witness. I was present when my husband handed prisoner £10. Prisoner said, "I know about some stuff going cheep to-morrow." He asked for £15. My husband said £10 would be sufficient. Prisoner said he would buy some cherries or something. Nothing was said about lending the money. Prisoner came in the next evening and said, "I suppose you never expected to see me again?" that he had been to Tilbury Docks sad bought 30 baskets of cherries, but he could not get delivery of them till Saturday morning; that he had paid £2 deposit and would bring the cherries the next morning. He said he would buy any fruit that he could find cheap with the other £5.
Detective WILLIAM CHILDS, F Division. On June 8 I followed prisoner's wife, whom I knew, to his house at Bushey, Herts. I entered by the back door, saw the prisoner in the kitchen, and said. "Is your name Walter James?" He said, "That is my business." I said, "I am a police officer and I want to know your name. Is this your wife?" He said, "Yes." I said, "I hold a warrant for your arrest for stealing £10 on May 30 from Mr. Schlatter, of Praed Street, Paddington." He said, "I am the man you want." I took him to Buahey Police station and read the warrant over to him. He replied, "I do not call that stealing." On the way to London in the tram he said, "I will tell you the truth. I had a deal with some
cherries, lost 30 hog over it, and was afraid to go back. I also bougnt a horse and had bad luck over it." He made no reply to the charge at Padding ton Police Station.
WALTER JAMES (prisoner on oath). On Friday, May 31, I bought 30 baskets of cherries at 3s. 3d. a basket and I had to clear them on the Saturday—a pal of mine bought them a it Tilbury Docks. I went out to sell them and it poured with rain on the Saturday alternoon and a lot of them were spoilt; so I had to sell them for what I could get and at night time found I was 30s. out of pocket. I was ashamed to go back and see Mr. Schlatter till I had made the £10 up. I bought a pony, cant, and harness on the Sunday for £2 for the pony, 12s. the harness, and 30s. for the cart, hoping to sell them at a profit. As I was coming back from Kilburn a chap asked if I had a pomy to sell. I said, "Yes"—the one I had in the shafts. He said, "Will you have a chop?" I said, "Yes, I don't mind" and I had a chop with him and took 10s. and another poay for my pony. I put the other pony in harness in the cart and he would not pull the cart, so I led the pony home and left the cart at Kilburn. I sold that pony on Monday for 15s. On the Tuesday I went to Watford Market to try and see what I could buy, and I bought a horse for £4, which I turned into a field to try and get a bit of flesh on him. I went and found he did not look up to much, so I thought I would sell him out of the way and I put him in Watford Market again and he was sold for £2 7s. 6d. Instead of getting the £10 back I have lost aill the lot I want to pay the gentleman back when I get the money. (To the Judge.) I was keeping myself with the Test of the money and the two ponies and my wile and child. I had a pony on hire at 5s. a week. My wife sold the cart while I was in prison.
Sentence, Four months" hard labour.
Sir Charles Mathews prosecuted.
WILLIAM AMBROSE ROBINSON , potman at "Eases Arms" beerhouse, Plough Road, Clapham Junction. On Sunday, May 12, at about 8.50 p.m., the three prisoners came into the "Essex Arms" and were pulling the forms about. I spoke to my employer, Mr. Day, and refused to serve them. Nunn, whom I had known before, struck me in the eye with his fist. A constable was sent for and they went out. About half an hour later they returned to the house together. I refused to serve them and went for a constable. P.C. Crowthurst
came back with me, and Colston and Hatchard went out; Nunn stood inside the door. I had gone into the saloon bar. Shortly afterwards I heard a row outside, went out, and saw two men kneeling on the ground, with a crowd of people about. I then fetched the whistle from inside the house and blew for assistance. I then was called inside and saw no more.
Cross-examined by Colston. Prisoners were chucking the forms along roughly and shoving the pewter pots about. They were not served with three pote of beer so far as I know. I refused to serve them.
P.C. GEORGE CROWHURST , 427 V. On Sunday May 12, at 9.45 p.m., I was called to the Essex Arms by Robinson and saw prisoners in the public bar. I asked them to go out quietly. Colston and Hatchard walked out quietly. Nunn got to the door, and I put my hand on his shoulder and asked him not to make any noise, when Hatchard opened the other door and gave me a terrific blow in the face, cutting my Up open. I at once took him into custody. He began to struggle violently, and Nunn gave me a violent blow on the face with his fist, knocking me down. Hatchard fell with me, and was got away from me by the other two. I got on my feet, and someone in the crowd said, "There he goes, governor." There was a very large crowd collected. I caught Hatchard in Grant Road, Battersea, about 200 yards from the Essex Arms. He commenced to struggle again, and the other two prisoners came along. Colston said, "If you do not let him go I will kick your b—head off." Nunn then struck me on the face and knocked me down. I was still holding Hatchard, and he went down, too, I holding him with my left hand. Nunn then gave me several violent blows in the ribs and face with his fist, Colston at the same time kicking me about the head and face, till I lost consciousness. When I came to I found myself in the back room of a paper shop. I was taken to the station, Dr. Kempster saw me, and I was taken home and went to bed. I was eight days in bed. I gave evidence at the police-court on May 21, and then was sent to that Convafescent Home at Brighton for 10 days. I have improved a little in health, but am still very weak; my head is very bad and I have a peculiar pain where I was kicked in the head. I do not know when I can resume duty. I have lost two stone in weight since May 12. I had known all the prisoners by sight before the assault.
Cross-examined. It was Hatchard I was holding when I lost con-sciousness. I got to the station about twenty minutes after I was taken to the paper shop.
EDITH DRURY , 9, Tritton Street, Battersea, laundry worker. On Sunday, May 12, I was outside the Essex Arms, when I saw the potman come back with P.C. Crowhurst. Colston and Hatcard came out of the beerhouse and Nunn was inside. Nunn then came out, followed by Crowhurst. Coteton struck the constable, who fell down, and while on the ground was kicked by Hatchard on the back of the head. Nunn then came through the crowd and hit the constable
as well. The three prisoners ran down Grant Road. Crowhurst got up, gave chase, and caught Nunn. There was a straggle and Nunn fell over. The constable went to get him up, and he kicked the constable in the chest, who fell and became unconscious. I did not see Colston or Hatchard there then. We helped to get the censtable up, and he was taken to a paper shop. There were two men, the boy Betts, and two or three girls there at the time. About half hour after Colston was taken into custody by a constable, who said to me in his hearing, "Is this the man who kicked the policeman?" I said "Yes."
To Colston. You kicked the constable as well after he fell down outside the public-house.
To Hatchard. I did not see the policeman have hold of you.
FELIX CHARLES KEMPSTER , Divisional Surgeon, Battertea. On Sunday, May 12, at 11.5 p.m., I examined Crowhurst at Lavender Hill Station. He was then recovering from the effects of severe concuslion of the brain. His head was bruised in many places, especially on the right side, where there was a large blood swelling the size of a hen's egg showing that considerable violence had been used. The wounds were consistent with kicking. There was a large bruised wound at the point of the chin, splitting the skin, and also bruising on the right side of the jaw; his teeth were loosened and his mouth was bleeding. He had a large bruise on the right arm, another on the chest; both shins were bruised. He was casting up blood. I sounded his chest with a proper instrument for listening to the chest, and found that a small vessel in the lungs had burst, and the hemorrhage was coming from there. I also sounded his heart and found a whistling sound, which showed that the muscle of the heart was bruised. He had been subjected to great violence. I ordered him home to bed; he is on the sick list, and it is very uncertain whether he will be able to resume duty at all. He now has symptoms of incipient epilepsy. There must have been a great number of blows given some of the bruises had the shape of the toe of the boot—the one over the heart, the one on the left arm, and the oval-shaped swelling at the back of the hered. He would probably have become unconscious. The bruise on the head would be sufficient to cause concussion.
FREDERICK BETTS . 15, Tritton Street, Battersea, errand boy. On May 12 I was near the Essex Arms, when I saw Colston and Hatchard come out, followed by P.C. Crowhurst. Colston Kit the constable on the right jaw and knocked him down, and as he fell Hatchard hit him on the left jaw. They both kicked the constable in the chest and side while he was on the ground. I then heard Nunn say to the crowd, "Let me pass through and help the constable." He went straight up to the constable and kicked him on the back of the head. All three prisoners then ran, down Grant Road. I heard a police whistle blown. I went to get the constable's whistle. I had hold it of when Colston hit me on the back of the ear and in the stomach, and
knocked me backwards. That was before the three prisoners ran away. The constable was then picked up. This was at the top of Grant Road, outside the beerhouse. (To Hate hard.) I did not see the policeman have hold of you.
P.C. WILLIAM ABBOTT , 613 V. About 10 p.m. on May 12 I saw Colston running away in Ancbover Road, about 300 yards from Grant Road. I ran after him, caught him, and asked him what he had been doing. He said he had been in a bit of a fight at the "Falcon." I told him he would have to come back with me, and we went along Grant Road. He said he had just been put out at the "Falcon," which is a public-house on the other side of the Junction. As I brought him down Grant Road a number of the crowd shouted, "That is the villain who kicked the policeman when he was down." Crowhursnt lay on the ground and said, "Yes, that is the man; that is the one that kicked me when I was down." Colston said nothing. I took him to the station and he was detained.
COLSTON. I was under the influence of drink and do not remember about anything that happened.
Detective-sergeant WILLIAM HUXTABLE, V Division. On Monday, May 13, Colston was brought up before the magistrate. At 1 p.m. Nunn was in the court. I told him I should arrest him for being concerned with Colston in assaulting a police-constable the previous night in Grant Road. He said, "Yes, I was with my brother-inlaw, Colston, last night. I do not know anything about kicking." I had not then said anything about kicking. He wtas taken to the station and formally charged. He replied, "I do not know where the kicking comes in."
Detective EDWARD LOWERY, V Division. At 1.45 a.m. on May 15 I found Hatchard concealed in a small atable in a wood-ohopper's yard at the rear of Latchmere Grove, Battereeta. I told him I was a police officer and would arrest him for being concerned with two other men in custody for causing grievous bodily harm to P.C. Crowhurst at about 9 p.m. on Sunday, May 12, in Plough Road, Battersea. He said, "How did you know that I was here? Was it from information which you received? For I hope you will give me a fair chance in putting me up for identification." I then took him to the station. He was placed among nine other men and identified by three witnesses—Ethel Drury, Robinson, and Frederick Betts.
MARY COLSTON , mother of the prisoner Colston. On behalf of my son I hope you will be as lenient as you can. He has been two months at the infirmary. He has been a good son to me and never gave me a cross word. Nunn is my son-in-law. He has been in the army, and his record shows that he was discharged in January, 1906, with a good character and as a sober man.
COLSTON. All I wish to say is that I am not guilty of kicking.
Verdict, all Guilty.
Hatchard confessed to having been convicted on May 16, 1904, of robbery with violence, receiving 15 months' hard labour. He had also received three months' for stealing. Colston had had three summary convictions for stealing. Nunn had been charged and acquitted of unlawfully wounding.
Sentence, Nunn, nine months hard labour; Colston, 18 months bard labour; Hatchard, three years penal servitude.
AFFORD, Herbert Henry (36, accountant) ; on February 17,1906, having been entrusted with certain property, to wit, a banker's cheque for £150, on account of Arthur Simmons, unlawfully and fraudulently did convert the said property and the proceeds thereof to his own use and benefit; having been entrusted with certain property, to wit, £150, on account of Arthur Simmons, unlawfully and fraudulently did convert £1 on February 24, 1906, £1 8s. on February 26, 1906, £12 10s. on February 27, 1906, part of the proceeds thereof, to his own use and benefit; on September 29, 1906, having been entrusted with certain prosperity, to wit, a banker's cheque for £98 18s. 10d. On account of Edwin Antill and others, unlawfully and fraudulently did convert the said property to his own use and benefit; having been entrusted with certain property, to wit, £98 18s. 10d. on account of Edwin Antill and others, unlawfully and fraudulently did. Convert £8 18s. 10d. on September 29, 1906, £8 10s. on October 12, 1906, £8 on October 17, 1906, part of the proceeds thereof, to his own use and benefit; on September 11, 1906, having been entrusted witin certain property, to wit, a banker's cheque for £13 9s. on account of Edwin Antill and others, unlawfully and fraudulently did convert the same to his own use and benefit.
Mr. R. D. Muir, Mr. Arthur Gill, and Mr. Oddy prosecuted.
FREDERICK GEORGE FRAYLING , senior first-clsto clerk to the Solicitor to the Treasury. I produce fiats of the Attorney-General authorizing proceedings against the prisoner in relation to the trusts as regards Simmons and Antill, office copies of deed of assignment for the benefit of the creditors from Arthur Simmons to Herbert CarsonGoad, registered in the Bill of Sale Department of the Royal Courts of Justice, January 20, 1906, together with affidavit of Arthur Simmons and schedule of creditors; also deed of arrangement registered August 29, 1906, were produced and read.
ARTHUR SIMMONS , Hythe Park Road, Eastbourne. I formerly carried on business as a cabinet maker at 30, Bridge Street, Abingdon. In January, 1906, I was in pecuniary difficulty and the High Bailiff was in possession on a judgment of £50, when I received a letter signed "H. Curzon-Goad," saying that he had seen I was in difficulties, and offering to help me by lending me £100 at 10 per cen
interest. I answered the letter and the prisoner subsequently called. I paid him £2 10s. for his expenses to go to the north to see a client who would lend the money. Three days afterwards prisoner came back and said that he could not get the money, but he had brought a deed of assignment; that the only way he could see out of the difficulty was that I should execute a deed of assignment and he would undertake to pay the Sheriff out. The deed produced, I believe, bears my signature, but I have no recollection of its contents. I do not remember prisoner producing it before the magistrate. I remember executing a deed of assignment. Prisoner then took possession of my stock, furniture, books, and documents. I gave him a list of book debts owing to me. I had some freehold property mortgaged through Mr. D'Almaine, solicitor. Prisoner gave me a pound or two from time to time—about £10 or £12 in all—it may have been more. I was with him when he cashed a, cheque for £25; he gave me £5; I did not know the cheque was made payable to me.
Cross-examined. I believe the endorsement to cheque for £25 and receipt for £25 of February 20, 1906, are signed by me. I did not have the money. Receipt of January 23 for £10 I believe is signed by me. I do not recollect having the money it was paid on account of the expenses I believe, and I never had £10 at one time. I know there was money owing to my daughter for housekeeping. Letter produced is in her writing, and the receipt of March 9 for £5 5s. 10d. looks like her writing. I do not know whether she was in communication with prisoner. She was my housekeeper. I had not paid her for half year; there was £7 10s. due to her. I knew she had one cheque from prisoner. Cheque for £4 9s. 10d. I believe bears my daughter's writing. Receipt for 50s. and letter of February 5 I think is my son's writing; he worked for me. Cheque of February 23 I think bears my endorsement. The business went on for about three weeks after the assignment. I had not paid wages for more than that time. I and my son used to work in the business, and the accounts speak of wages to myself and wages to my son.
(Thursday, June 27.)
ARTHUR SIMMONS , further Cross-examined. Letter of December 9, acknowledging receipt of £1, was written by me to the prisoner. Receipt of December 19 for 5s. is mine. I went to Eastbourne in February, 1906. I had £5 5s. 10d. in April for wages due to me before leaving Abingdon. List of creditors produced is written by me, showing a total of £111 7s. 6d. and £550 on mortgage. I wrote that on January 16. I told prisoner that was all I could think of at the time. I swore an affidavit. Prisoner negotiated with the execution creditor, who accepted a composition of 10s. in the £ and costs, and the sheriff went out. I do not know if the amount paid was £34 18s. 11d. By that payment my unsecured liabilities were reduced to £61 7s. 6d., apart from the mortgage. The property was
worth more than the mortgage debt of £550. Prisoner ordered the sale of my property, stock, and furniture—he managed the sale. When I made my affidavit returning my creditors' interest in my estate £61 7s. 6d., I could not think of any more at the time. I owed Kirkwood, money-lender, trading as the Provincial Union Bank, something; I do not know if the amount was £45; I know I paid him a good deal of money. I do not know if he has been paid; he has not applied to me since. I owed Botterell, ironmonger, money; there was a contract account; I do not know if the balance due from me was £22 9s. 5d. There was an account owing to J.E. Toser and Sons. I do not know if it was £6 4s. 1d. I did not understand that £750 was put in my affidavit as the value of my assets in order to show a balance of £200 over my liabilities. I knew there his property enough to pay everybody. I should think prisoner prepared the list of creditors from the list in my writing. He asked me to put down all I could think of, which I did; those in the affidavit were all I could think of at the time. I went to Oxford to swear the affidavit. I do not know if I owed Tomes £2 lls. 6d., Whittam and Co., £1 1s. 6d., or A.T. Morse £1 12s. 2d. I owed Fowler and Co., 1 Reading, £7 13s. I owed a balance to C.M. Stroud; I do not know it was £6 lls. 2d. I owed Simpson and Sons about £6; J.R. Stevens, £3 5s.; the Abingdon Gas Company, 10s. 11d.; C.J. Burr and Sons, possibly, £14 10s. 10d.; G. Lake and Co., possibly, £12 15s. 7d. I may have owed Coxeter and Andrews £4 13s. 6d. I owed F. Donkin £8 8s. I may have owed Drew £21 12s. 6d.—I say in my affidavit £5 9s. 6d. I may owe Foster Dennis £1 0s. 10d.; J.D. Godfrey, £1 10s.; W. Enoch, £4 7s. 6d.; Thomas Enoch, £25 14s.; Harris and Matthews, £6 3s. 2d.; Hedderley Bros., £9 12s. 6d.; R.J. Johnson and Co., £21 5s. 3d.; King, Adkin, and Bowen, £4 4s. 6d. I had a table from Mrs. Verney is 30s., but she had it out in carpets. I owed Matthews 12s.; W. Beale, £29 8s. 1 1/2 d.; Otney, possibly, £12 13s. 3d.; W.J. Phillips, £2 2s. 4d. I do not recollecte Whitwell, £4 17s. 8d. I owed Lewington £3 for rent. I owed Gillet and Co., bankers, Abington, £165 8s. 11d., but they had my life insurance policy—they let me draw up to the surrender value. The policy was for £200, with bonuses about £280. I did not put that debt in the affidavit. I owed rates and taxes, £10 12s. 2d. I owed Mrs. Smith £5. I did not think of these debts; prisoner told me to put down what I could think of, and I did. The few creditors I put in my affidavit were all I could think of at the time. I may have written the list in my shop. I did not state that the bank had a second charge on my property. I thought the policy secured them. I told prisoner that after satisfying Pemberton, the mortgagee, the balance of the freehold property belonged to me. I may have said that the balance of my property was sufficient to pay all my creditors in full, and, therefore, if he got people to take 10b. in the £ there would be something left for me. I had the stock, book debts, and furniture, besides
the freehold property. It was not on the faith of the list I gave prisoner that he paid me money—he knew of some of the further debts before I left Abingdon. I gave him £7 or £8 of ready money; he had altogether about £15 before the deed to pay the expenses—I am not quite certain about before the deed. I think the sheriff had been in possession once before. On January 12 I signed a letter to prisoner: "I hereby authorise you to act as my accountant and agent, and provided you are successful in getting the sheriff withdrawn in re Rowland and Burgess and myself I agree to employ you as trustee under a deed of assignment, and to empower you to pay out of my estate under such assignment a sum sufficient to pay the said execution creditors their debt in full and costs." I did not understand what I was signing. I did not understand that the effect of that was that prisoner was to realise my estate. The deed was not signed till January 16, and in the four days intervening I believe prisoner was negotiating with the execution creditor. He told me so, and the sheriff went out. He promised to lend me £100. There is nothing about that in the letter, but that is how he was going to pay him out at first. I did not understand he was going to get a deed of assignment until he came back from the North of England. I did not want the business sold by order of the sheriff; I was going to manage without a sale. The sheriff had seized everything—he was in possession of everything when I signed the letter of January 12, and he was paid out after the execution of the deed. On January 15 I wrote to prisoner: "I had them" (the sheriff) "in to-day to take an inventory. I was so in hopes you could have prevented that. He said that he had not heard from Bartlett, and he expects to sell about Wednesday. What is to be done? Let me hear from you." Bartlett is the solicitor of Rowland, the execution creditor. If the sheriff had sold he would have paid 20s. in the £ and coats, probably £80. Prisoner told me he had induced them to accept £34 18s. 11d. I believe that was the reason why I allowed Sully to sell instead of the sheriff—by prisoner's advice; he thought it was better for me. I should think that was the real inducement for my giving prisoner the deed; he advised me that that would be the best. Prisoner went to the auctioneer first, I think, and came back to me and said Sully refused to advance any money until the deed was signed. Sully advanced the money to pay out the judgment creditor when the deed was signed; he sent the cheque to the sheriff. I signed the deed in order to prevent the sheriff selling at a forced sale all my property. When I gave the deed I did not represent that my assets would show 70s. in the £. I do not know that prisoners father paid £35 on the purchase of a lodging-house for me. I reckoned, by selling the property, stock and furniture, to pay everything I owed. I gave £600 or £650 for the freehold property. It was sold by Sully and fetched £650. I entered into a contract to purchase a house. I do not know about purchasing. What money we did not get the prisoner was going to
find, I understood. Agreement of January 23, 1906, produced between Simmons and Frederick Afford, to purchase the goodwill, furniture, plate, linen, and effects of the boarding-house, 13, Templeton Place, for £700, £300 to be paid on possession and £400 by quarterly instalments of £20, is signed by me. I met Frederick Afford, but I was not aware he was the prisoner's father. I had seen the boarding-house and agreed to purchase it. What money could not be found the prisoner was going to get for me—to borrow it or advance it. I thought we should have a little left from the sale—I did not think we should have £700—or £400—or £300. Letter produced was written by me to prisoner before I left Abingdon: "Re 13, Templeton Place. I thank you for paying on my account the sum of £35, as per your letter of 29th inst., by way of deposit on the purchase of this house, and I hereby undertake to reimburse you and authorise you to reimburse yourself out of my estate." I think I afterwards sent £7 10s. to prisoner to partly repay it. Probably the prisoner would not have paid that money hid I not sworn an untrue affidavit. Prisoner forced me to do it. I am in the furniture trade. I saw the house of 26 rooms, the furniture, etc., and agreed to give £700 for it. I never paid any sum of money after the deposit. Prisoner sent me Sully's account of the sale. He complained of Sully's charges. Sully sold the freehold, stock in trade, and furniture. It realised something over £1,000, I believe, without the book debts. I have not seen account produced showing that the whole of the proceeds was £1,080 10s. 3d.—£140 more than Bully's account.
Re-examined. Paterson and Co., Limited, brassfounders, were creditors of mine, possibly for £30 15s. 2d. In January, 1906, I was very ill; I had had four months' illness from inflammation of the heart. The doctor said I should never be fit for business again; that is why I wished it wound up. The list of creditors was the best I could make at the time. I did not tell prisoner those were the only creditors; I did not notice that was stated in the affidavit. I had no benefit from the payment of £35 for 13, Templeton Place, if prisoner paid it to his father. There were bills and two books at Abingdon. I think prisoner had access to them. I do not think he asked for them. The prisoner said I had better take care of the two books, and I have them in court. Prisoner has not told me that he paid any creditors or that he has declared a dividend. I left Abingdon on the day of the sale. I only received £5 of the £25 cheque. Prisoner told me it was to pay his bill for expenses he had to pay. I think there was no arrangement as to paying me, my son, or my daughter wages, or as to what amount prisoner would allow for household expenses. I wrote to him when I wanted a few shillings. I do not know how much my daughter received. I owed my daughter half a year's wages at £15 a year. I signed receipt for £10 on January I had received various small sums and had £2 or £3 to pay railway expenses when leaving Abingdon. Prisoner had furniture value £20 lent of me to his home.
JOHN SULLY , 46, Cannon Street, City, auctioneer. Prisoner called on me about January 16, and stated that there would be a sale at Mr. Arthur Simmons's, of Abingdon, but the sheriffs were in possession of the place and would I pay them out. After inspection and seeing the deed of assignment I agreed to find the money, and on January 20 I paid to the sheriff at Reading £34 18s. 11d. On the instructions of the prisoner as trustee, whom I knew as H. Curzon Goad. I sold the property. On January 23 I paid prisoner £10 on his I.O.U., and on February 12 £5 on his I.O.U., and on February 14 £3 by telegraphic money order. The freehold property was sold on February 8 for £650, and the stock, furniture, and effects for £296 3s. 7d. I paid prisoner on February 16 £150 by cheque, and on March 15 £34 16s. 7d. I received £296 3s. 7d. and 10 per cent, deposit on the freehold £650—£65, the balance being paid to the solicitor, making £361 3s. 7d. total amount received by me. The expenses were £70 15s. 11d., and my commission scale charge £33 11s. 2d. That includes the advertising, printing, bill posting, etc. I paid the defendant in all £248 8s. 6d.
Cross-examined. I do not remember Simmons coming to my office, but he may have done. My charges were reasonable, according to the prisoner "a instructions, for special advertising, etc., and vouchers for everything had been handed to him.
HARRY GEORGE WILLIAM D'ALMAINE , Abingdon, solicitor. I have acted for Arthur Simmons on two or three occasions. He did not consult me with reference to the assignment to the prisoner. I held the deeds of his freehold property on behalf of the mortagagees. In January, 1906, prisoner called on me with Sully's manager and informed me of the deed of assignment executed by Simmons to him as trustee, and he instructed me to sell the property, which was done by Sully for £650. There were two mortgages amounting to £500, and there was a second charge to the bank for his overdraft of £167 13s. 8d. The bank also held a policy, which was returned to the insurance office at its surrender value, £116 5s. I paid interest to the bank, £11 9s. 9d. and £3 Is. 10d.; rent, rates, and taxes, £10 12s. 2d., which the prisoner returned to me by cheque on May 3. He also pay me £10 on account of cost, and there is a balance due to me for costs of £31 14s. 7d., which has never been paid. I had nothing to do with preparing the deed of assignment. I was acting on behalf of the mortgagees, and then I considered I was acting for the prisoner in so far as he was mixed up in these sales as trustee. So far as I am aware, no meeting of creditors was called or dividend declared.
Cross-examined. All the work I have done has been done on prisoner's instructions. My first bill of coats, amounting to £43 4s., was delivered March 9. Then there were further costs incurred, amounting to £14 16s. 8d., for which thr bill was delivered in September, 1906. There is nothing in it relating to this prosecution. In addition 1907 to the £10 I received from prisoner I received the difference of
the surrender value of the policy and the amount I finally paid to the bank—£18 11s. 4d.
Re-examined. I have had nothing whatever to do with this prosecution.
BARTLETT, manager, Chiswick branch, London City and Midland Bank. I produce certified copy of account of Helen Curzon-Goad, opened January 25, 1906, and continued to January 31, 1907, when there was an over draft of £23 2s. 1d.; also pass-book and extracts from the waste-book of the bank showing cheques of Sully paid in: January 25, £10; February 17, £150. Cheques drawn: February 24, Strutton and Co., £1; February 26, Water Board, £1; February 27, Afford, £12 10s. On March 15 the balance was £101 5s. 3d., and on March 16 Sully's cheque, £34 16s. 7d., was paid in. On August 21 everything had been drawn out, except 13s. 2d. The cheques drawn in favour of Simmons amount to £55 10s. 10d., the last being on September 1, 10s. The majority of the cheques to Simmons are for £1; there are two for 10s., one for 30s., one for 16s., and one for £2 10s. The amount of the cheques drawn payable to Curzon-Goad down to September 5 is £117 10s. 1d., mainly drawn in very small cheques. During the same period there are cheques to Afford amounting to £70 19s. 6d.
Cross-examined. I knew prisoner's wife as our customer. The credit balance on March 27 was £256 8s. 2d.
JOHN ROBERT ASHBY , 60, Wilton Road, Muswell Hill, manager to Paterson and Co., Paul Street, Finsbury, wholesale upholsterers. In January, 1906, Simmons owed my firm £30 15s. 2d. On January 20, February 3 and 26, and March 28 we received letters from prisoner requesting us to assent to, the deed of assignment and promising a dividend. We have received no dividend.
Cross-examined. We always declined to assent to the deed. I do not know that our solicitor applied direct to Simmons. Letter of March 28 produced appears to come from our solicitors. We did not assent to the deed and we got nothing.
WALTER GERRING , tailor, Abingdon. Simmons owed me £11 2s. 2d. He told me that he had assigned all his property to prisoner and I applied to him for payment. I did not assent to the deed and I got nothing.
Cross-examined. Simmons told me there would be enough money to pay all creditors in full. There would have been if you had been honest. I do not remember whether I refused to assent to the deed.
JOHN TOSER , 14, Dove Lane, City, warehouseman. Simmons owed me £6 4s. 1d. I found his place at Abingdon shut up, and after inquiry wrote to the prisoner and asked why the creditors were not called together, and informed of the position and of the estate. I received form of assent produced and signed it. I received a letter of September 12 from prisoner promising a dividend within 14 days, but have received nothing.
Cross-examined. I do not know if my name is on the list of creditors supplied by Simmons.
EDWARD THOMAS SPELLOR , ledger clerk to John H. Fuller and Co., oil and colour merchants. In January, 1906, Simmons owed my firm £17 14s. 9d. We tried to obtain payment, but lost sight of him. We have had no communication from the prisoner. We have never assented to the deed.
FRANK TUCKER , clerk to Edwin T. Hatt, solicitor. On July 9 I wrote to prisoner on behalf of J.H. Fuller and Co., and asking him, as trustee, to forward a statement of assets and liabilities. On July 10 I received a reply, enclosing a form of assent and promising on receipt of it signed to forward a cheque for the dividend. On July 11 I again wrote for particulars of the estate. Several letters passed, but I received no such information.
Cross-examined. I never assented to the deed.
ALFRED WILLIAMS , accountant and manager to Ridley, Whitley, and Co. My firm is a creditor of Simmons, and having seen a deed of assignment registered, we wrote to prisoner, received form of assent, which we signed on condition that we were paid for goods supplied subsequent to the deed £3 2s., which was done. We have received to payment in respect of the goods supplied before the deed.
HERBERT UHDE , clerk in the Deeds of Arrangement Department Board of Trade. Under the statute dealing with deeds of arrangement it is required that an account should be furnished in the month of January of each year to the Board of Trade by the trustee, and the Board send a notification at the end of December to each registered trustee. On December 31, 1906, notice was sent to H. Curzon-Goad. No notice was taken of it. An order was made on February 7 and given to the summoning officer to serve personally. He brought it back, and on March 20 it was forwarded by registered post to the prisoner's address, 22, The Avenue, Bedford Park, and returned through the dead letter office, marked "Gone away." I have it here.
Cross-examined. The notice has been redelivered at 17, Edgware Road, and returned by the Post Office. It is necessary for the trustee to send an account of all money received and all that is paid. The mortgage money should be included—the whole of the £1,080.
(Friday, June 28.)
EDWIN ANTILL , 96, Mount Pleasant Road, Lewisham, builder. In August, 1906, I was carrying on business at 2a, Mono Road, Bermondsey, 246, High Street, Lewisham, and 134, Southwark Park Road as E. Antill and Son. I was in financial difficulties and advertised for a partner with money. Defendant called on me on August 20, and said that he had heard that we were in difficulties and what money did we require? I said about £500 would put me a bit straight for about twelve months, and that I could pay about 10 per
cent. interest. He said he could arrange that—what security could I give? I told him I had no security further than my surroundings, that all my property was mortgaged. He said, "Is your plant, stock, and such like mortgaged?" I said, "No, that is not mortgaged." He said, "We can arrange that all right"—it was necessary to give him a deed of assignment and that would put the thing straight. I said, "In a case like that I suppose we shall have to consult a solicitor?" He said. "No, there is no occasion to consult a solicitor. You are short of money and that will mean expenses. I am a chartered accountant and it in my business, we are always doing it"; therefore he was equal to a solicitor. He came down to the office the next day and went through the books. I went with him to prepare the deed—to a law stationer's or something, in Oxford Street. It was already written on parchment. That was on' August 22. I stayed outside and he came out with it in his hand, and we went to Mr. Lloyd, a solicitor, in Edgware Road, and I signed the deed. I did not read it nor was it read or explained to me, only Mr. Lloyd said it was the best possible thing I could do. We were in his office more than an hour. Prisoner read out something which I swore before Mr. Lloyd. He did not ask me is I had read it or knew the contents of it to be true. I swore to it being true without knowing the contents. All I knew was that it was something I was giving them as security for the £500 for twelve months at an interest of 10 per cent. I did not take what I was swearing into consideration. After I had done that I came out of the office with Goad and asked him for the money. He said it was too late then—it was about 7 or 8 p.m.—he would see me the next morning. The next day he came to look at the books again, and then he discovered, that we owed more than I had told him. In the first interview he asked what money I owed. I said, "I owe about £600." He said, "What money have you got owing to you?" I said we had got about £800 owing, and that if we got the money in, of course we could pay off the money we received and it would not be necessary to borrow the £500. He said that would be all right. Then, when he came again to examine the books, he said he had discovered that we owed about £1,200. I do not know if that was correct; I knew nothing at all about it; my son kept the books. Prisoner then said he could not advance the £500. I said, "What is to be done then?" He said, "Oh, we can arrange that all right. I will send round to the creditors a nice letter and make arrangements with them. I can collect the money, and then you will get out of that difficulty all right." He took possession of the works that day—the three shops—and the business went on for about a fortnight. On August 4, Friday, I went to him for the wages and could not get them; he promised to send them on the Saturday. I went to him on Saturday, but could not get them, and I borrowed about £17 10s. from a friend to pay the wages. He promised to give me some money on the following Monday, but did not do so. I think on the following Friday he gave me about £7 10s. in cash. He said he was waiting for
some cheques from some customers—from my debtors. I had from him altogether about £14 or £15—I am not sure as to the amount. I had a cheque for £10 through my son; 5s. he gave me; I think three sums of 2s.; and half a sovereign. On September 4 he arranged to meet me with the men to pay them, but he did not pay them. I never had the cheque for £5 7s. 6d. on September 6. I got the £10 cheque changed through a friend and paid the men, some 5s. and some 2s. 6d.
In reply to the Judge, Mr. Gill stated that the specific sums which the defendant was charged with converting were £13 9s., £18 8s. 6d., £98 15s., and other sums, a total in all of £145 16s. 4d.
Evidence continued. The men went on working without wages. Prisoner promised to pay them. A bankruptcy petition was then presented against me and my affairs went into bankruptcy.
Mr. Gill proposed to read the deed.
The Common Serjeant: You say he did make an assignment; therefore we cannot impeach this deed. The indictment says the bankrupt did assign his goods under this deed. The charge is that the prisoner did not account for the moneys; therefore it is no use saying Antill signed the deed not knowing its content.
Prisoner furnished me with no account of the moneys he collected or the way in which they have been applied. Prisoner took away what books he wanted from the principal office. [The Judge.] Do you know anything about your own books?—A. No.
Cross-examined. Prisoner might have paid my seven sons £3 3s. on August 25. I should think I paid my sons on that day £5 6s. We had about 40 men at that time. We managed to make up altogether about £32 on August 25. My sons wages would be about £12, and the men altogether about £50, for the week ending August 26. Mee, a painter, worked for me. I do not know of the receipt 27. produced signed by him for £6 5s. My son may have had money 28. from prisoner. Cheque of September 5, signed H.B. Antill, for 29. £5 7s. 6d. may be endorsed by my son. I do not know if cheque 30. for £7 was paid to my son Sydney. Cheque for £10 bears Ernest 31. Antill's endorsement—that is the £10 I received. I used it for paying 32. the men and for expenses, feeding the horses, etc. I owed my 33. sons some back money for wages. I recognise the signature on 34. cheque for £7 10s. as my son's. Receipt for 10s. 3d. is signed by 35. me. Cheque 10s. is signed by my son, H.B. Antill. Cheque for £1 13s. 6d. is signed by Ernest.
The Common Serjeant: Already we have enough to negative the count for stealing £98 15s., and as to the smaller sums, we cannot make a man under this statute guilty of stealing or converting one or two small sums in a general account. Under the statute you munt prove not a general deficiency in an aooount, but that the prisoner converted definite sums to his own use.
Mr. Gill: If we cannot make a case under the count for £98 15s. we cannot under any other.
The Common Serjeant: You cannot make that out there is too much money accounted for already. It may be very improper of this man to have done this, but it will not do to use this statute for this purpose.
On the suggestion of the Judge, the jury returned a verdict of Not guilty.
The Common-Serjeant pointed out to the prisoner that as an undischarged bankrupt he had no right to be carrying on this business and to be obtaining credit, and that if he persisted in it he would be running the risk of a long term of imprisonment.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, June 26.)
Mr. C.F. Gill, K.C, Mr. Bodkin, and Mr. R.F. Graham-Campbell prosecuted; Mr. R.D. Muir and Mr. Huntly Jenkins defended.
P.C. WILLIAM DAVIS , 230 E. I was on duty on March 29 in Cross street, Hatton Garden, trying the doors of premises, and found the side door of Baird and Tatlock open. I went in and found the place in disorder; a cupboard and some drawers open. I left the premises and communicated with other officers; afterwards Mr. Allen, of Baird and Tatlock, came.
THOMAS DOWNEY ALLEN , manager to Baird and Tatlock, Limited, 14, Cross Street, Hatton Garden. We sell, amongst other things, platinum vessels, crucibles, and basins. I left the premises safe at about six in the evening of March 28. In a cupboard in the office were several platinum vessels. I have made a list of these: the value was about £300; the weight about 40 oz. troy. On the 29th I received information from the police, and went to the premises and found this property had been stolen. I heard nothing more till April 22, when I received a visit from Mr. Howard, of Blackmore and Howard, who produced a quantity of scrap platinum, and I formed the opinion at once that it was part of our property. I made a close examination of the platinum and found pieces of the different vessels lost. These latter were almost entirely composed of new platinum.
OWEN LEVESON GOWER , buyer to Baird and Tatlock, Limited. I was familiar with the platinum articles which were kept in the cupboard of the offices. I have examined the articles in the two boxes produced, and recognise some of them was being the same as those., that were missing. They were all manufactured by Johnson, Matthey, and Co., with the exception of a shimmer crucible and another article.
JACOB FENIGSTEIN , 119, Old Street, gold and silver refiner and silversmith. I have known prisoner about 12 months. I first did business with him about six or seven months ago buying gold bars from him by assay certificate. I also bought silver from him. On April 17 prisoner came to me with some platinum scraps, which I bought off him, giving 90s. an ounce. I put it on the scales and found the parcel was 25 oz. My workman Rosenstein wat at the
back of the shop, and when I bought the platinum I gave it to him to test, which he did; that was after prisoner had gone. I paid prisoner by cheque. The memo, produced is mine—"April 17, 1907, 24.890 platinum scraps at 90s., £112." The cheque produced was drawn by me. I gave it to prisoner only as security till I had tested the platinum; it was postdated April 19. I endorsed it at the time. On April 19 Wortley came to the shop again, and I asked him for the cheque. He said he had passed it through the bank. He brought another parcel of 23 oz., which I bought, and gave him another post-dated cheque for £105 5s. (memo, produced, "April 19, Wortley, 23.390 platinum scraps at 90s., £105 5s., paid by cheque"). The same workman was present, and also my son, the latter writing out the cheque, and I signed it. My men tested the platinum, and my son took it to Blackmore and Howard. On the next day, Saturday, I heard from them that the platinum was recognised as having been stolen, and I went and stopped the cheque. On the Monday I received further information, and sent a note by my boy to Wortley; that was about 11 o'clock. I sent another note in the evening Mr. Wortley came round, and I told him about the platinum being recognised as stolen, and that I would make further inquiries. He said nothing, and went away. He came again in the evening, and I told him that I was fully aware the platinum had been stolen, and that I Was going to inform the police that prisoner had sold me the platinum. Prisoner said he would deny it. I went to the police or the 23rd, And again on the 24th, when I identified prisoner.
Cross-examined. I have several times bought gold bars from Wortley, and always paid by cheque in his name. I have not got the assay certificates; they have been destroyed. (Book produced in which witness marked the entries of the platinum purchase in question.) Both these entries are dated the 19th in the book. My son entered those. I first heard the platinum was stolen on Saturday morning, the 20th, about 11, from Mr. Blackmore. At that time my son would not have made the entries in the book. The entries are made from the loose memoranda produced. My son will explain why they were not entered till the 20th. The memo, was written on the 17th. I said before the magistrate that my son was present at the first transaction with prisoner, but afterwards corrected it. There is no market price of platinum; it fluctuates so much that we cannot say there is a standard price. The price is now about 80s. per oz. I got 105s. for the platinum in question; I did not know what the price was when I sent my son to sell it. I do not buy gold with an assay certificate. This was the first time I had bought such a large quantity of platinum. It looked like new stuff, but as it was scraps it was difficult to tell exactly; I should say it had been used. (Extracts from witness's book relating to transactions with Woroley were read.) The item of 12s. 2d. was a difference in the reckoning of price, Which was afterwards paid to prisoner. The only previous dealing this year that I had with
prisoner was the £28 worth of silver. I was not in Wortley's shop this year, nor has he sold me any gold in my shop. (Mr. Bolton was produced in Court.) I know that man. When he was called forward at the police-court I said I did not know him, but afterwards remembered I had seen him before. He once brought me some silver from the Sheffield Smelting Company two or three years before. I do not remember that the magistrate warned me to be careful. Bolton did not come to me on April 18 with a bar of gold and a note from Wortley. (Mr. Suthard was called forward.) I never saw that man in my life before. He never came to my shop with Wortley on April 19. Wortley did not hand me a bar of gold on that day—it was platinum. On that occasion my son came forward with a cheque and give it to prisoner. I do not know that my son offered prisoner any tickets for the Haymarket Theatre. I cannot say whether my son ever has tickets for theatres. I did not tell Wortley on the Saturday that the platinum had been stolen, because I did not know exactly myself. I had only heard a few words from Mr. Blackmore on the telephone, and I had no time to communicate with prisoner. On the Monday morning I heard again from Mr. Blackmore, and at once sent the note to prisoner. When he came round I saw him, and my workman was in the back parlour working; he did not come out. I was surer in the evening, when I saw prisoner a second time, that the stuff had been stolen, as I had been told again by Mr. Blackmore—that would be between 12 and 1. I sent again for prisoner about half-past five in the evening. The reason of the delay was that my boy was out during that time.
Re-examined. When I saw prisoner at the police station on April 24 he said nothing about the man Bolton; the first I heard of Suthard and Bolton was on May 31. My son keeps the books; he is engaged as a musician in the evenings. When gold or silver is purchased by me I make a memorandum of it. The last occasion I bought gold from prisoner was December 31 last at 30s. 4d.—total, £73 5s.—that was at my shop. Prisoner has always come by himself when he has sold gold or silver. The transaction before that was November 15—a bar of gold; that was at 37s. 4d. an ounce—£115 15s. 1d. altogether.
To Mr. Muir. The note produced is a carbon copy of the second note to Wortley, "Please come round at once." It was an accident that the copy was kept; I gave that to the police when I informed them on April 23. I did not keep a copy of the first note.
Police-constable PERCY ATTERSALL, 266 E, proved a plan of the ground floor of 119, Old Street.
JACOB ROSENSTEIN . I have worked for Mr. Fenigstein for over two years. On April 17 I was in the workroom at the bench by the window, where I can see into the shop. I saw prisoner when he came. He came by himself. Mr. Fenigstein put the platinum in the scales on the counter. After prisoner had gone Mr. Fenigstein gave me some of the platinum to test, which I did, and returned
it to him. On the 19th I saw Wortley again, when the same thing occurred as before. This time Mr. Fenigstein's son was in the shop. On the Monday morning I saw prisoner again about 10 or 11; and also in the evening, when he waited in my room for about quarter of an hour, as there was a customer in the shop. I did not hear what took place.
HENRY FENIGSTEIN . I am a professional musician. In the day-time I help my father with his books. On April 18 my father gave me some platinum, which I took to Blackmore and Howards, who purchased it for 105s. an ounce. On the 19th I took another parcel of platinum to them and sold it at the same price. This I had seen purchased from Mr. Wortley by my father. There was no one else present then. After the stuff had been weighed I wrote a cheque, which my father signed. On the 22nd I wrote a memo., which was sent round to Wortley.
Cross-examined. It was about 12 o'clock on the 18th when I took the parcel to Blackmore and Howard—between 12 and 1. When I got back I only stayed in the shop a few moments. The next time I was at the shop was Friday, the 19th, at two o'clock, and left about quarter to four. I do not remember what I was doing in the shop. I returned again just before five, and stayed a few moments. I was at the shop again about 12 on Saturday, only staying two minutes. (Book produced showing entries relating to 17th, 18th, and 19th April.) These are in my writing; I made them on the Friday afternoon immediately I came back from Blackmore and Howards. They were taken from the little papers on which all the business transacted is put. The reason I entered the transaction which took place with Wortley on the 17th under date of the 19th was that it had not really been completed, as my father was not sure whether it was platinum or not, so I thought I had better wait. I think both my father and I added something to the platinum parcel on the 18th; I am not sure. (After being pressed.) I swear that I did it myself, if I am to give a definite reply. I do not know from whom the added platinum had been bought. I have no documents showing from whom it was bought. The papers are generally torn up after the transaction, or they would be thrown away. It was 1 oz. 2 dwt. that was added to the parcel. I will try and find the entries with regard to that. (Witness looked in the book for some time.) There is an entry, "Roberts, platinum and gold mixed, 300"; that is almost half an ounce. That is March 15. There is another of 870 on March 9; that is almost an ounce. There are other entries before that. There is no transaction recorded this year anything like so big as those on the 18th and 19th April. I remember another as big about five or six years ago, but I cannot say with whom. (Mr. Suthard was called into Court) I do not know that man; never seen him before, except at the police court. I may have had tickets for the Haymarket Theatre, but I have never given Mr. Wortley any. We may have spoken about it; but I will swear I said nothing about tickets for the Haymarket Theatre. When
I took the platinum to Blackmore and Howard the first time I spoke to all three partners; they did not ask me from whom I had got it; they asked me from where, and I said, "From a customer—or customers." On the second occasion I saw Mr. Blackmore; he did not ask me where I got the platinum from. I did tell the partners that I got the stuff from several people; I cannot say when. It probably would be the first occasion.
Re-examined. Platinum is sometimes bought in quite small quantities. The reason I was not at my father's place on the Wednesday was that I was attending to my professional duties. On the Friday I was free.
ALFRED HOWARD , of Blackmore and Howard, metallurgists and assayers. We have had a number of dealings with Jacob Fenigstein, extending over three or four years, in gold, platinum, and silver. On April 18 I remember the ton coming with a parcel of platinum which we bought for 105s. per oz.—in all £137 0s. 6d. (Cheque and memo. of transaction produced.) The platinum, with a trifle over an ounce of our own in addition, was sold to the Sheffield Smelting Company for 107s. an oz. I have since seen it at the police court. I examined the platinum with the police, but found nothing I could identify as being suspicious, so it was then sold; that was with regard to the first parcel. In the case of the second parcel, I was not present. We did not directly ask Mr. Fenigstein any question, only by suggestion.
Cross-examined. The profit, 2s. an ounce, on the platinum, was a fair one in our case. When young Fenigstein brought the parcel on the first occasion we said to him something like this, "We suppose you know where this came from?" The reply was that the greater part came from a jeweller, and the rest from one or two other persons. We were not suspicious, so we did not ask Who the jeweller was. It was more the question of the quantity of the stuff than its quality that made us ask the question. It came out in the conversation that Fenigstein had only got the stuff within a day or two. A profit of 15s. an ounce would be very large for ourselves, but for a retailer it would not be an extreme profit. On a small quantity you would make a bigger profit.
Re-examined. The price of platinum varies enormously. About Christmas the price for scrap platinum would be £6 15s. to £7, and now it is about 80s. One reason for this is said to be the disturbances in Russia, from which nearly all the platinum is got any own opinion is that the real cause has been the holding up of the supply by certain firms. There are a great many people who deal in it in a small way; very few in a large. Apart from teeth, platinum, is chiefly used by analysts for heating certain substances to a high temperature, for crucibles, etc.
day to the Sheffield Smelting Company, from whom he got some information, in consequence of which it was not sold and the cheque to Fenigstein stopped.
Cross-examined. I was present on the first occasion when young Fenigstein came. I have no recollection of saying anything to him, nor did I hear any conversation. I was simply in and out at the time. I did not ask any question on the second occasion. The price of scrap platinum now is about 92s.
SIDNEY CLARK , clerk to Sheffield Smelting Company. On April 18 Mr. Howard sold me a parcel of platinum at 107s. an ounce, which was afterwards recognised by me at the police court as very similar, with the addition of about seven ounces, to the platinum we sold to Messrs. Johnson, Matthey and Co., at 110s. per ounce.
Cross-examined. 107s. was about the current price; it had been so for about a week or two. We do not have market lists of the price of platinum. I could not tell you how the prices varied this year.
Re-examined. The price of platinum now is about 80s.
RISDEN, manager to Johnson, Matthey and Co., Limited, deposed to buying on April 30 about 34 ounces of platinum scrap from the Sheffield Smelting Company, which was afterwards identified as being part of vessels manufactured by the firm, and belonging to Baird and Tatlock. The price of platinum has ranged during the last three or four months from 140 down to 90.
Cross-examined. Down to April 18 the lowest price would be about 110s.
HARRY GOLDSTEIN . I am employed by Jacob Fenigstein. I have seen prisoner in my master's shop. On April 22, about 20 to 11, I took a letter to prisoner's place, giving it to a lady—Mrs. Wortley. At half-past five I took another letter, giving it to the same lady. At quarter to seven I saw prisoner at my master's shop. I did not hear any conversation.
Cross-examined. I had seen prisoner in my master's shop about three times since Christmas. I cannot say how long I was at the shop after I came back from delivering the letter. Mr. Fenigstein asked me on April 22 if I had put any gold bars away; I had not. I did say to the magistrate that Mr. Fenigstein spoke to me "when I was putting them away." I meant the rolls of silver.
ERNEST HUDSON , clerk to London and County Bank, Upper Street, Islington, produced a certified copy of the account of prisoner between October 2, 1906, and May 10, 1907, showing that prisoner had drawn out between March 27 and April 20 about £800 in coin.
Cross-examined. I did not cash the cheques myself; I got the information from the cashiers book. On April 18 there is a paying-in slip showing cheque £112 on the South-Western Bank, Smithfield, by Fenigstein. There is another slip showing a cheque on same bank, £105 5s., on April 20.
(Thursday, June 27.)
Detective-sergeant ERNEST BAXTER, E Division. On April 24 I went, with Inspector Stockley, to 36, Bowling Green Lane, which is partly fitted up and used as a refinery. There is a plate on the door with Wortley's name and trade upon it. Stockley told prisoner who we were, and asked him if he had had any dealings in platinum, and he replied, "No." Stockley then warned him to be careful, and prisoner repeated his denial. He said he had bought some scrap gold, but had had no dealings in platinum. He said he knew Fenigstein, but that it was not true the latter had bought platinum off him. He handed over a cheque for £105 5s., which he said he had got from Fenigstein for a bar of gold. There had been a dispute about it, he said, and the cheque had been stopped. There was no mention of a cheque for £112. Prisoner produced this book, which is called a ledger. It shows purchases of small quantities of gold, silver, and, on four occasions, platinum. Inspector Stockley asked if it would show any entry in regard to the bar of gold referred to, and prisoner said it had not been entered. There was a police circular hanging up in the premises referring to platinum articles, dated April 11. Prisoner was taken to Gray's Inn Road Station, and was told he would be charged with breaking into the warehouse to Baird and Tatlock on or about March 28 and stealing various platinum articles value about £300 and receiving same. He replied, "All right." We were in the house with prisoner about an hour probably. It was some hours later when he was charged. Fenigstein, Rosenstein, and Goldstein were sent for and confronted with prisoner, whom they recognised as having sold the platinum to the former. We found at the premises some £30 or £40 in gold and some cuttings of silver—no platinum. There was some gold in the safe, but we did not deal with it. (Witness went through entries in the book of purchases of platinum this year by prisoner.) The total purchases of all sorts shown from January 1 to April 23 is £100 17s. 10d. That was the only book produced or found.
Cross-examined. Fenigstein would have a copy of the police circulars. I first made notes at prisoner's premises; then they were transferred to another book later on. Prisoner did not say, referring to the bar of gold transaction, "This would not be entered up." My evidence at the police court was not quite accurate—a little correction had to be made after Stockley had informed me where I was wrong. I could not say whether Mr. Suthard was at the police court on the first hearing; he was mere on several occasions. I did not know that he offered himself as bail.
for the same period. A man named Smith introduced me. I have had about eight transactions with him this year. He frequently called on me to know what I had to sell. I have sold him several bars of gold; about 50 ounces altogether. That would be an average transaction for me. The value of that would be from £80 to £100 or £120. On April 17 I went to Dover Street, Old Kent Road, to see a Mr. Vincent, who owed me some money. We went for a stroll—this was at nine o'clock in the morning—we went to New Cross Gate, and then to "The Marquis of Granby." We parted at the corner of Rye Lane about half-past twelve; and I got home between half-past one and two. I was at home the rest of the day. I was not at Fenigstein's on the 17th. On the 18th Mr. Bolton called on me to see if there was anything for him to do. I said, "Not this morning, but you can go an errand for me." I weighed up a bar of gold, and put it in a piece of brown paper; it was 42 ounces odd, value about £112. I gave it to Bolton with a note. He came back with Fenigstein's cheque (produced). I was not at Fenigstein's on the 18th. On the 19th I took a bar of gold to Fenigstein, about half-past two. I saw Mr. Suthard, who lives opposite, standing at his door, and I told him where I was going. He said he was going the same way, so we went together. We both went into Fenigstein's shop. The two Fenigsteins were there. I sold him the gold for £105 5s., after he had tried it; and got a cheque (produced), Young Fenigstein said he would get me some tickets for the Haymarket Theatre. I did not see the boy Goldstein there. After that we went to the "White Hart" at the corner of Bunhill Row, where we saw Mrs. Waller, the wife of the landlord. Mr. Suthard asked her and her husband to come to his place on the Saturday as it was his birthday. She said she would let him know, as her husband was out. On the 22nd (the Monday) I got two messages from Fenigstein. When the first came I was out. When I returned I took no notice of it as I was busy. When the second note came I went round, between 6.30 and seven. Fenigstein said, "I have made a bit of a mistake in that bar of gold I bought off you; it does not seem properly mixed; I shall have to remelt it, and I will assay it; one end seems better than the other. Therefore I shall stop the cheque, so you will have to wait a day or two." I said, "Very well." Baxter's evidence is substantially accurate. I told him that small items I put in the book with regard to people I do not know, but big items like the ones in question I did not enter. It is not a general thing with dealers. I was arrested at 9.30 in the morning, and charged between five and six in the evening. Between that time a solicitor's clerk called on me and gave me certain advice.
Cross-examined. The words on the facia outside my shop are, "Old gold and silver bought; gilt letters, rubbings, and sweeps." My name is on a separate board. (Witness described his business as a refiner.) I sell the bars of gold to refiners, not to dealers. I very
seldom have a certificate (such as Johnson, Matthey, and Co.'s). If a man does not know you you would have to take an assay. I keep work books, which show the work I do for people, such as shop-keepers—making chains. Some times I alloy my own gold. I do not keep books showing the gold I sell. I do not buy scrap gold out of doors. If I bought anything in the office it would be entered in that book which is produced. I did not think there was any occasion to make entries of the large quantities of gold I purchased. In regard to the small quantities, they are chiefly from people I do not know. When I buy from dealers that I know I pay cash. I can trace the people again by the salerooms they use. I have not found it useful to be able to trace the articles I have bought to the particular person who sold them. If a police officer was making inquiries about anything I could assist him by producing the man I had purchased from. I kept the gold that I bought in the safe; my wife knew all about it. I buy very little platinum; the book shows all that I have bought; it shows the part which I have worked up and the part I have sold. It does not show to whom I have sold it. I think I have sold 12 or 14 dwts. in that way; I am not sure. I have turned down the pages in the book relating to platinum. I have told the platinum with the exception of one or two little jobs, where I have added perhaps a dwt. or something like that, to a job which would be entered there. That book is the work book, though it is headed, "General Expenses Book." (Witness went through several items with Mr. Bodkin relating to platinum.) I might have had some of the platiaum referred to in the book on April 17. In March and April nearly £1,600 was paid into my account, and about £1,526 drawn out in cash. Some of the money paid in was in cheques; from different people for goods sold and work done. The money drawn out was sometimes for melting down to make up work I had on. It is cheaper than melting refined gold, and you can depend on the quality. I do not enter up the stock that I make up. I made up a lot of stock bout Easter time, as trade was quiet, and I have got it at home now—bracelets, guards, ladies' chains, etc. I have no list of my stock. I could not say how many sovereigns I melted down. The reason I drew out 100 sovereigns on Saturday before Easter was to get some work ready against the men coming in, and I might have wanted some for my own use. The £100 drawn out on April 2 may have been because I wanted to alloy some gold, or I may have wanted it for dealing in jewellery. Dealers do not have receipts. I believe I had three bars of gold on April 18 or 19; I had none on the 17th. I had one on the 14th, which I alloyed. After I had it in my furnace the pot cracked and the stuff went amongst the ashes, and I was two or three days getting it cleaned. I had that assayed by Johnson and Matthey, as I was not sure about it, and sold it to Matthews, Price, and Co. for £106. I should use about 100 sovereigns to make that bar, and perhaps added a little cuttings to it. I should say I sold that on the 16th or 17th. The next bar I had was on the 18th—made from my own cuttings and filings that had accumulated. I did
not keep a record of how much I melted in order to get that bar of gold. The cuttings and filings would be from work which I had made for other people. You cannot make the filings up again, as the gold is too brittle, so you remelt it and sell it. I have never had a dispute with Fenigstein in my dealings. I think I have only given Fenigstein one assay certificate before; that was the first deal. I cannot say whether I sold a bar of gold to Fenigstein on December 31. I have sold him heaps without a certificate. I remember going to Fenigstein after the assay and saying I had been underpaid and getting 12s. 2d. extra; that was the first deal I had with regard to a bar of gold. I do not think it was in December; it was before then, I think. There may have been two assays, but I think there was only one. I do not think the £188 12s. 3d. paid into my bank on January I included a £73 5s. cheque for the bar of gold. I could not say whether I was paid by cheque. In regard to Arthur Vincent, I had lent him £10, and he was to repay me 10s. a week. I have no entry of it, but he keeps a note of it in a book. When I went to see him on April 17 he paid me 10s. I know it was the 17th because Mr. Vincent put it down in his book; he always shows me the entries when he pays me. A fortnight previous to last Sunday I saw him and told him what trouble I was in, and asked him if he had an entry on the 17th, and he showed it me. I do not know what hour of the day Vincent made the entry. I did not say that he showed me the entry when he paid me the 10s. The reason I did not go myself to Fenigstein with the gold on the next day was that I was busy, and I wanted to put a shilling in Bolton's way. The bar I sold on the 19th was made from a lot of old stock that I could not sell, and the cuttings I had got. There is no difficulty about fixing the price of a bar of gold; you can tell within a very small amount. I have known Suthard over two years. He lives opposite. I told him what business I was going on when I saw him on the 19th; and showed him the gold. I went to the birthday celebration of Mr. Suthard. When I saw Fenigstein on the 22nd, after his note, he said nothing about platinum. On the 19th I did not see anyone but Fenigstein and his son, in their shop. I did not know the two cheques given me by Fenigstein were post-dated; he did not tell me so, and I never examined them to see. I would not swear I told the police officers that big items were never entered in my book. I told them I made entries of small items, for my own safety. They did not ask me about a bar of gold, so I did not tell them; I was told at the police station that the less I had to say the better; Bolton and Suthard were at the police station at every hearing. I do not know whether their names were mentioned when Fenigstein was being cross-examined on May 10. (Witness went through his book and marked certain entries with regard to platinum he had dealt with and sold.) All the platinum I bought this year will not amount to more than an ounce. I sold some to Mr. Smith and Mr. Plucknett.
Re-examined. The last entry of platinum is in March, 18 grains to Mr. Plucknett, of Poland Street. I could not remember the date I sold to Mr. Smith.
To the Judge. I should not have had any platinum at the end of March. I did not buy any after Good Friday. I generally carry £100 about with me. I have plenty of receipts from people I work for, different shopkeepers who send me orders. (Bundle produced.) I find my own stuff to melt down.
Mrs. MERCY WORTLEY. I have lived with prisoner for ten years and assisted him in his business. I have seen Fenigstein, sen., at our shop about a dozen times this year. I think the last time was at the end of March. Bolton works occasionally for prisoner, helping him with his sweep, mixing it up, etc. I also know Vincent, whom prisoner has lent money to. I remember two notes coming for prisoner on April 22. The first came about 12, prisoner being out; the second came about five in the evening, just before prisoner came in.
Cross-examined. I do all sorts of work in the business; sometimes I buy when prisoner is out. I do not enter anything up; I tell prisoner when he comes in. I have never bought platinum. I have seen my husband melting gold and silver. I am sure he has melted sovereigns this year, because one day the pot broke. I do not remember the date of that; I believe it was a few weeks before prisoner's arrest. I cannot remember anything urgent at the end of March, as to getting work ready for the workmen. Prisoner often makes up stock when business is quiet. He often draws out large sums from the bank. I do not know any particular reason for his doing so last Easter-time; he may have had bills to pay. I knew what stock prisoner had in the shop; it was kept in the desk and in the safe—in cigar boxes. The police saw it in the desk when they came. I should say there was about £200 to £300 worth in the desk. There was about £100 in money in the safe; that was all. I do not know what Vincent calls himself; his business is printing. He has shown us his book containing entries of loans by prisoner. I have known Mr. Suthard about 15 to 18 months. I do not remember when Bolton first worked for prisoner. I opened the notes that were sent to prisoner by Fenigstein. When I gave the first one to prisoner he said he had not time to go round. I do not remember whether he said anything about the second note. When he came back from Fenigstein's on the 22nd he said something, but I do not remember what it was. There was only one book in which he put down orders. He used to go sometimes to Johnson Matthey's for assays.
Re-examined. (Bankbook was produced showing numerous amounts drawn out during March and April varying from £50 to £100.) We were at home on Easter Monday.
to seeing him on April 17, when he paid him 10s. (Witness corroborated prisoner's account of the way the two spent the morning.)
Cross-examined. We had several adjournments for drink during the morning—probably half a dozen, perhaps eight. I remember paying prisoner 10s. because I always make a practice of entering it up. I am sure it was Wednesday when I saw Wortley, because I very seldom leave London on Wednesday. Prisoner came rather earlier that morning than he usually does. (After referring to diary.) I do not think I called on prisoner at the end of March. (Witness pointed out the entry in his diary relating to the 10s. in question. The Jury inspected the entry, which was in pencil, with a view of determining when it had been made.) If I pay the money in the street I enter it in pencil; if in the house I use ink.
FREDERICK BOLTON , 72, Rushton Street, New North Road. I am a labourer employed casually by the Sheffield Smelting Company. I sweep for them and take out parcels of silver and such things. I have been employed there for eight or nine years. I have been employed by Mr. Wortley about four times. The last time was April 18, when I delivered a parcel—a bar of gold, which I saw before it was wrapped up. That was the first time I had taken a parcel for prisoner. He gave me a note with it, and I took it to Mr. Fenigstein, who weighed it out, and gave me a cheque; I did not notice what the cheque was. I took it to Mr. Wortley, who gave me 2s. I was from half an hour to an hour over the job. I have been at my present address about nine or ten months. I have worked for pretty near all the gold and silver dealers round about.
Cross-examined. I have frequently been employed as a porter by the Sheffield Smelting Company. I do not know that Wortley deals with them. I once fetched some sweep from his place to the Sheffield Company. The people I work for have a book which I sign when I take parcels. I gave no receipt, nor took one from Fenigstein, for the bar of gold. It was about half past 10 in the morning when I got to Fenigstein's; he was the only one I saw there. There is usually assay certificates with the gold I take. I do not know whether there was any with this gold I took from Wortley. About a week after the affair, when I called round, Wortley told me about the trouble, and I recollected it was on Thursday that this happened. It would be about the beginning of June when I first saw the solicitor.
Re-exaimined. I went to see Mr. Sydney, the solicitor, and made a written statement. Mr. Wortley was not there at the time. I did not know Mr. Suthard. I went to the police court two or three times, but was outside when the evidence was taken. My statement to the solicitor was before I had been to the police court. I have carried bars of gold for other people. I had been to Fenigstein's once before for the Sheffield Smelting Company.
To Mr. Bodkin. Nothing happened in Fenigstein's shop beyond his weighing the gold and getting the cheque at once, which he put in an envelope and handed to me.
DAVID SUTHARD , 122, Queen's Parade, Barking Road. At the end of April I was manager at the "King's Head," Bowling Green Lane. I had been a licensed victualler for the last 12 or 14 years. My last house was the "George IV.," Ida Street, Poplar. I have no occupation now. I have known Wortley since March 9, 1906, the date I went into the "King's Head." On April 19 I went with Mr. Wortley to Mr. Waller's, "The White Hart," Old Street. When we got outside Fenigstein's Wortley said, "I am just going in here for a few moments." I said, "Very well, I will go on to Waller's "; he said, "No, come inside," so I went in with him. Mr. Fenigstein was there and another person who I believe is his son. Prisoner handed Fenigfstein a bar of gold, which was weighed, and the latter went to his son, Who was writing at the desk, and spoke to him. He then came back and talked to prisoner. The son then brought the cheque and handed it to Fenigstein, who gave it to Wortley. The son then spoke to prisoner, and asked him if he would like some tickets for, I think, the Haymarket? Prisoner said, "Yes," and young Fenigstein promised to get some. We then left and went to Mr. Waller's, and saw Mrs. waller, when I asked her to come with her husband to my place to have a little supper the next day, as it was my birthday. She said she would have to consult her husband, who was out. Next day they sent word they could not attend.
Cross-examined. I had a little jollification the next day with several customers. Mr. Wortley showed me the bar of gold on the way to Fenigstein's. I did not look into the room behind the latter's shop; the door was only ajar. Prisoner simlply looked at the cheque when he got it like this (illustrating), and did not pass any particular remark about it, that I noticed.
Re-examined. I think prisoner came to the "King's Head" on the 20th, the day after the visit to Fenigstein. I was originally an engineer by trade. After my apprenticeship I joined the Navy, and then went into the merchant service, as marine engineer. I was with the P. and 0. Company before I left the sea in 1880. I was not asked to make a statement in the case; the first intimation I had was when Mrs. Wortley came across and fold me Mr. Wortley was arrested. I afterwards saw him at the police station. When he came out on bail he told me what was the matter. I said, "Was that the day I went up with, you?" He said, "Yes. You saw what I sold there?" I said, "Certainly; I will come forward any time you wish me."
Mrs. EMILY RACHAEL WALLER deposed to Mr. Suthard and Mr. Wortley calling upon her on April 19, about three or four, in the
afternoon, the former asking her and her husband to come to a birthday party on the next day.
Cross-examined. I have known Mr. Suthard and Mr. Wortley as customers for the last 12 months. They come in once or twice I week. They never told me what they were doing in that neighbourhood, and I never asked him. I knew Mr. Wortley as being in the jewellery line.
HENRY ISAAC SYDNEY , solicitor, 2, Renfrew Road, Lambeth. I took the state me rut (produced) of Mr. Suthard. (Day sheets produced showing that the statements of Suthard and Bolton were taken on April 30.) The first (formal) hearing was on April 25. I remember Fenigstein being called on May 10. On that day Bolton and Suthard were in attendance. The reason they were not mentioned to Fenigstein then was that it was suggested by counsel that further cross-examination should be reserved till later. On May 31 Fenigstein was cross-examined as to Bolton and Suthard I had had their statements since April 30.
(Friday, June 28.)
Verdict, Not guilty.
Mr. Huntly Jenkins asked that, considering the serious issues which had been raised in the case, the original documents should remain in the custody of the Court. There might be both, civil and criminal proceedings arising out of the case.
Mr. Forrest Fulton asked for the return of the cheque for £105 for which Mr. Fenigstein had received no consideration, and in respect of Which it was proposed to take civil proceedings.
Judge Lumley Smith ordered that all the documents remain in Court for a month, or until, further order. An order was also made that the solicitors might have access for the purpose of taking copies.
BEFORE MR. JUSTICE DARLING
(Thursday, June 27.)
Mr. R.D. Muir, Mr. Bodkin, Mr. Symmons, and Mr. Leycester, prosecuted; Mr. Eustace Fulton defended.
Verdict, Guilty. Evidence unfit for publication. According to police evidence prisoner has been suspected of these practices since 1894, but sufficient evidence of illegal operations could not be found. In one case a woman was delivered of a still-born child, peritonitis set in and the woman died. Numbers of young women had been
known to visit the premises. On December 21 last prisoner was arrested in connection with the death of a well-known Gaiety actress who died as the result of an illegal operation, but the witnesses failed to identify her. She was known as a very clever midwife who very seldom made any mistakes. As the result of certain information, the officer interviewed Mrs. Yearsley, and that led up to this arrest; otherwise the police would have known nothing about it. Alter Mrs. Yearsley's statement they knew at once where to go.
Sentence, Seven years' penal servitude.
BEFORE THE RECORDER
(Thursday, June 27.)
RYDER, Madine (19, lady's maid), pleaded guilty to stealing a watch and chain, the property of Edith May Richards and feloniously receiving same. Stealing a coat and other articles, the property of Valiquet Roma Loyd, and feloniously receiving same; stealing a bicycle, the property of Edward Thompson Morris and another and feloniously receiving same; obtaining by false pretences from Paul Stefain divers boxes of chocolate and moneys of the value of 30s., with intent to defraud. She was released on joint recognizance of herself and Mr. Scott-France, the court missionary, in £25 each, on her undertaking to go to a home for 12 months, and to come up for judgment if called upon.
LESTER, Dorey (53, deader), pleaded guilty to on February 28, 1907, obtaining by false pretences from Hedley Vicans, a certain valutable security, to wit, a banker's cheque for £3 7s., with intent to defraud; being entrusted with a watch on January 14, 1907, and a watch on October 18, 1906, a watch on May 21, 1907, a watch on January 26, 1907, a watch on January 26, 1907, and a watch on May 5, 1907, for a specific purpose did in each case fraudulently convert the same to his own use and benefit.
Sentence, Three years' penal servitude.
KNIGHT, Frederick (31, labourer), COOPER, Stephen (24, shoemaker), CALAGHAN, Charles (25, cabinet maker), AYRTON, Richard (34, labourer), and VENABLES, Thomas (28) ; robbery on Cornelius Barham, and stealing from him a watch and chain.
Mr. Hardy prosecuted; Mr. Macdonald defended Cooper, Mr. Purcell defended Calaghan, Mr. Bohn defended Venables.
CORNELIUS BARHAM , tea merchant, 56, Artillery Lane. At about 4-30 p.m. on May 29 I was on my way home from the Police Commission when I was surrounded by these men, or some of them. I thought one of them was going to speak to me, but he snatched my
watch and chain and ran away with the others. They were afterwards handed to me by the police.
Cross-examined by Mr. Macdonald. The watch and chain are my own property. I did not attempt to struggle with the man. I cannot run so fast. I can see a fair distance. I could not scrutinize his face. It was done in a moment. I cannot say what coloured clothes he had on. It happened directly opposite Gun Street. I did not see a crowd watching a horse that had fallen. Detectives were there and I thank them for their protection.
Police constable HENRY BEFCHY, City Police. I was with Policeconstable Clements at the time in question. We were in plain clothes in Middlesex Street, and saw prisoners in a small crowd round a horse that had fallen and lamed itself at the corner of Sandys Road. We secreted ourselves and they all walked to the corner of Widegate Street, which runs into Artillery Passage. We then saw prosecutor going towards Artillery Lane. Prisoners followed him and hustled him and ran away. I chased Knight and caught him after about ten minutes in a bedroom in Cooper Street, first floor. From information I received I went back to 37, Wickes Street, where the watch and chain were produced from the basement where they had been thrown. When I got to the station I found Calaghan and Cooper detained. At 6.30 p.m. Ayrton was put up with nine others for identification, when I recognised him. I had known prisoners by sight for some months and Ayrton by the name of "Long Standard."
Cross-examined by Knight. I chased you through several streets. I did not see you chuck the watch and chain down the area.
Cross-examined by Mr. Macdonald. We secreted ourselves because we knew prisoners. We guessed what they were after. We waited at the corner of Sandys Road to see what would happen. That is about 60 or 70 yards from Gun Street. They all got round prosecutor. I chased Knight because I saw him run first. Prosecutor was flurried. I did not see who took the watch, but they were all round him. Prosecutor did not complain of any violence—he might now have noticed the hustling.
Cross-examined by Mr. Purcell. There were about a dozen people looking at the horse. Clements hid behind a door and I behind a van. I watched for five or 10 minutes.
AYRTON. I was not there at all.
Cross-examined by Mr. Bohn. I pointed out Venables amongst some others at Bow Street Police Station. I knew him before. Someone might have seen him afterwards in the "White Swan," which he frequents, and told him I was looking for him.
Re-examined. From the time I first saw prisoners till they ran away it was about 10 minutes, and I had been observing them all the time. If I had seen Venables at the "White Swan" I should have arrested him.
Police-constable ARTHUR CLEMENTS, 986, City. I was with last witness and saw Knight, Cooper, Calaghan, and Ayrton with another
man in Middlesex Street. I knew them. I do not recognise Venables as being with them. They were looking at a horse that had fallen. They walked into Wygate Street. We walked towards Artillery Passage and followed them up Sandys Road and out them off. We then saw prosecutor crossing Artillery Passage, followed by the five. At the end of the passage leading to Artillery Lane they surrounded prosecutor, hustled him, and quickly ran away. We were about thirty yards away. A number of people were passing. I cut through a side street into Gutter Street. I then saw Cooper running towards me. I went up to him and said, "I want you for being with others and stealing that watch Just now." He said, "You have made a mistake; it was not me." I took him to the station. On the way he twisted his legs round me and tried to throw me. Calaghan came up and tried to force his way between us and to get Cooper away. Assistance then came, and I handed over Cooper and arrested Calaghan. He was very violent. They wire put with a number of others for identification at the station.
Cross-examined by Mr. Macdonald. I came up with Beechy about four o'clock. I was about 30 yards from prisoners when watching them. I cannot identify the one that snatched the watch and chain. Cooper had on about the tame clothes as to-day—no collar or tie; When Cooper saw me he slowed up. I was in plain clothes. I did not knock him down ortwist his arm.
Cross-examined by Mr. Purcell. As soon as Cooper started struggling Calaghan came up. I don't remember his saying, "Don't break the man's arm."
Cross-examined by Mr. Bohn. I do not identify Venables.
Police-constable THOMAS MASTERMAN, 104 H. I saw Knight running away, followed by Beechy. I saw a portion of the chain hanging from his hand and gave chase. He ran from Gun Street through Church Passage and several streets. I caught him in Quaker Street. At 37, Wilkes Street he dropped the chain. He went upstairs in a house in Quaker Street. He was puffing and blowing. He sat on the bed, after having run about a mile. I took him back to Wilkes Street. There were two women in the room. He said when asked he had thrown the watch and chain away. They were found in the area of 37, Wilkes Street. The bow of the watch was broken. I took him to the station. The watch and chain were identified by prosecutor.
Cross-examined by Knight. I did not ask you in the room, "Where are the watch and chain?" Your sister in the room denied knowledge of you.
Cross-examined by Mr. Macdonald. I was in the room before Beechy. I arrested Knight. Beechy did not search the house for the watch and chain. I did. I only saw the chain go down the area. Beechy told me to run after him, and he followed. I never lost sight of Knight.
Police-constable FREDERICK HUGHES, 295 H. I saw two City police struggling hard with Cooper. Calaghan came up and I took him to the station with another officer. He was very obstreperous. He made no reply at the station.
Cross-examined by Mr. Macdonald. Detective Burgess and Clements were struggling with Cooper. They were holding him by the arm. He is a very violent man. I assisted. They handed him over to me and another police-constable. Two others came up and we handed him over to them. They took him to the station where he was charged.
Police-constable FREDERICK BIRD, 464 H. At about 6.15 p.m. on May 29 I saw Ayrton and arrested him. He said, "It ain't fair—give us a bleeding chance." I was not present at the identification. He wished me to be out of the way. He was taken to the Commercial Street Station and charged.
AYRTON. All I said was, "Give me a chance; I am innocent."
Sergeant HENRY DESSENT, H. Division. I was in Bishopsgate Street at 11 a.m. on June 3 with Sergeant Burgess. I saw Venables and said, "I am going to take you into custody on suspicion of being concerned with Dick Ayrton and Steve Cooper in stealing a watch and chain in Artillery Passage on May 29." I arrested him and he said, "You know very well that isn't my game; besides, I am never with these people." I said to him, "I saw you with Ayrton the night before the robbery." He replied, "Oh, well; that is only once. I can prove I was at a solicitor's office from 3.30 till 4.15, and then went home to my mother." He was then taken to the Commercial Street Station and picked out amongst nine others by detective Beechy. He said to Beechy, "I went into the 'Woodin's Shades' on Friday and then into the 'White Swan.' You saw me in the last." Beechy said, "I was looking for you. Had I seen you I should have arrested you." He said, "I was at 49, Finsbury Pavement (Mr. Sidney Clench's) between three and 3.30, and from four till 4.30. I was having tea at my mother's (29, Satchwell Rents) with my sister Jane and Mrs. Evans." He was afterwards charged and said, "I was not there at all." The solicitor's office is about a quarter of an hour's walk from the place of the robbery. He said he left there at 4.30. The first time he said he was there from 3.30 till 4.15. Satchwell Rente, Bethnal Green, is about a quarter of an hour's walk from the scene of the robbery.
Cross-examined by Mr. Bohn. He gave me the name and address of the solicitor and his mother. I had the solicitor call at the police court. The robbery took place on the 29th and I said I saw him the night before in Church Street. I told him that on his saying he was not with the people. The solicitor said he had been at his office and explained why.
His last visit was on Tuesday, May 28. I think in the morning. I knew him as Michael Sullivan.
Cross-examined by Mr. Bohn. I cannot say at what hour he came. He was not there on the 29th.
Four Prisoners' statements before the Magistrate.
KNIGHT. "I was at my mother's place having a cup of tea. All at once up came a detective-policeman and seized hold of me. We stayed up there ten minutes. They were searching the place. Then they dragged me downstairs and round to a cellar about 200 yards away. Then, when the constable fetched the watch and chain they charged me with that. The constable said he saw it in ray hand and throw it down the cellar; but he came deliberately up in my place and searched for it."
COOPER. "I would have been very thankful if you found these two witnesses for me. I know nothing about it."
CALAGHAN. "I was passing by Artillery Lane when I saw Cooper being roughly used by the police. I said, 'Don't break his arm.' I picked up his bat. The detective said, 'You will do,' and arrested me."
AYRTON. "They only say I was in Artillery Passage, but I was net—I was in the Minories."
VENABLES. "At the time I was indoors having my tea with my mother, my sister Jane, and Mrs. Evans."
ANNIE HOLBROOK , 29, Quaker Street. Knight is my brother. He came up to my place to have a cup of tea on May 29 at 4.30. At 4.40 some people came up and made a row and said, "Give us that watch and chain." I said I did not know anything about it and they started searching the place, but found nothing. I was so excited that I did not know what I was saying if I denied knowing him.
Cross-examined. My sister was with us. I know it was 4.30 because the children were coming out of school. I did not give evidence at the police court. I thought it my place to come here. My brother asked me.
STEPHEN COOPER (prisoner on oath). I was coming through Gun Street from Houndsditch about 4.45 on May 29, where I had been, to buy a cigarette holder. It was taken from me by Detective Beechy when arrested. I was not with the other four prisoners at all. I know Calaghan and Ayrton. I sell flowers.
Cross-examined. I have been in Venables's and Knight's company. Beechy and Clements deliberately lie in saying I was with the others in Artillery Passage surrounding the prosecutor. I did not see any horse that had fallen. I was not struggling when the police officer said, "You have got to come with me." I said, "What for?" He
said, "Come to the station and see." I said, "Let me go." The tall one got my hand and bent it up. Calaghan got in between us and said, "Don't hurt the man." I have known him about 18 months.
Re-examined. One officer got me by the throat. I am in bed health, and am on milk food.
AYRTON'S defence from the dock: I was not there at all.
THOMAS VENABLES (prisoner, on oath). I was at the solicitor's office on May 28, and at my mother's on the 29th all day with a sore throat. I had tea about 3.30 to four. I remember afterwards seeing Beechy opposite Woodin's Shades with, two police officers. I also saw him at the "Swan" with an officer.
Cross-examined. I said to the officer, "I can prove I was at my mother's." I know prisoners by sight and Ayrton well.
ELIZABETH VENABLES , 21, Satchwell Rents. My son Thomas (prisoner) was at home all day on May 29 with a sore throat. I told him to go to the hospital, but he stopped in and read the paper. He has been to the Metropolitan Hospital. He had his tea and went up to sleep on my bed soon after three. My daughter and Mrs. Evans were there looking after him.
Cross-examined. A young men first told me of the case. I know my husband went to the station to say my son was at home.
MARTHA HUNT , 21, Satchwell Rents. Prisoner Venables is my brother. He was at home all day on May 29. He had tea with us about three o'clock, and then went up and laid down, suffering from an ulcerated throat, and was under orders from the Mildmay Hospital. He had also been to the Metropolitan. He went to bed about 10.30.
Cross-examined. I live at my mother's. I am sure it was the 29th. I also remember what he did on the 31st.
Mrs. ANNIE EVANS, 28, Thrawl Street, Bethnal Green. I was at Mrs. Venabies's place on May 29, where I saw prisoner. He was having a mug of tea. I waited there for some bags and left about four. After his tea he said he would go upstairs and have a sleep. What he did after three I don't know.
Verdict, all prisoners, Guilty. The indictment alleged a former conviction of felony against Knight at Clerkenwell Sessions on October 25, 1904; against Cooper at the same on October 11, 1904; against Calaghan at this Court, Old Bailey, on September 12,1905; against Ayrton at Clerkenwell Sessions on October 11, 1904; tnd against Venables on May 13, 1902, to which they respectively pleaded guilty, and various other convictions were proved against them.
Sentences: Knight, Cooper, and Venables, 18 months' hard labour each; Calaghan, 12 months; Ayrton (who had yet to serve an unexpired term of penal servitude), nine months.
BEFORE THE RECORDER
(Friday, June 28.)
PORTEOUS, Robert George (54, clerk), was indicted for feloniously "and with intent to defraud," forging and uttering a certain document and writing, to wit, an affidavit used and intended to be used as evidence in a certain Court of Record, to wit, in the King's Bench Division of the High Court of Justice.
Mr. Austin Metcalfe prosecuted; Mr. H. Lewis defended.
JAMES CULLEY , 177, Anerley Road, formerly a licensed victualler. In August last I had a claim of £70 against a man named Ashton. A friend of mine had told me that prisoner was a good legal man to get my money; I saw prisoner on August 24 in a public-house, and told him of my claim against Ashton, and instructed him; I believed him to be a solicitor. He wrote out the form or retainer (produced), which I signed. (The document was: "I hereby retain and authorise you to act for me as my solicitor in the action"; it was not addressed to anybody.) I did not at this time know Mr. Abrahams. When I signed the retainer I gave prisoner about 25s. I did not see or hear anything of prisoner after that until May 27, when I went to Mr. Abrahams' office. I knew nothing of Mr. Abrahams bringing an action in the High Court on my behalf. I never signed an affidavit. The affidavit now produced to me purporting to be sworn by me was not so sworn, and this is not my signature; I never authorised anyone to write my name. On May 27 I went with my present solicitor, Mr. Blagden, to Mr. Abrahams' office, and we saw prisoner there; Blagden questioned him about this matter, and an appointment was made for us to call later in the afternoon when Abrahams would be present. At the second interview the four of us were present; I do not remember the details of what passed.
Cross-examined. I believed prisoner to be a solicitor: I do not say that he said he was. It is not correct that I afterwards met him in London and went with him before a Commissioner and swore an affidavit. Blagden had launched another action on my behalf in respect of this same £70. At the interview in May I did hear Blagden say something about costs. He said, "How will Mr. Culley get on about the expenses he has been put to?" I did not hear him say, I want my costs." It was at Blagden's suggestion that prisoner was arrested.
RICHARD ARTHUR BLAGDEN , solicitor, Copthall House, E.O. On May 15 I received instructions from Culley to commence an action gainst Ashton for £70, and I issued a writ. I personally served the writ on May 20. Ashlon then told me that he had "a similar paper" given him on a previous occasion. On May 22 I received a letter from Mr. Conway, solicitor for Ashton. On May 27 I went with
Culley to Mr. Abrahams' office; there was only prisoner there; he was writing in the office. Prisoner said Mr. Abrahams was not in, and an appointment was made for later in the afternoon. We went back at four o'clock and saw Mr. Abrahams, first of all alone; at the moment prisoner was not there. When he came in Mr. Abrahams said to him, "Mr. Blagden has called here with his client to see the affidavit in the action of Culley v. Ashton." Then he said, "He has made a most reasonable suggestion about costs." I interrupted and said, "I said something about my client's expenses, but it is much too late for that, the matter is far too serious." Mr. Abrahams had with him the forged affidavit. I said to prisoner, "Mr. Porteous, what do you know about this affidavit?' He said, "I am responsible for it; I brought it to Mr. Abrahams." I said, "I cannot force you to answer me, but did you swear it?" His answer was not very clear, it was something about a friend having given it to him. I then went out and fetched a constable, who arrested prisoner.
Cross-examined. I prosecuted at the police court. There was some vile suggestion made by you (then representing prisoner) about my having tried to compound a felony. I did not give evidence because there was sufficient without mine to justify prisoner's committal. I deny that at the interview anything was said about my costs, or that that was the element dominating my mind. I did subsequently issue a summons in the High Court against Mr. Abrahams to compel him to pay the costs; there was no order made.
ABRAHAM ABRAHAMS , solicitor, 23, Chancery Lane. I have known prisoner for many years. I first knew him as a solicitor; he was struck off the Rolls, I think, two or three years ago. I did not issue a writ in an action of Culley v. Ashton; I knew nothing about it at the time, and gave no authority to anyone to issue it. I received this letter from prisoner dated May 15, "Dear Mr. Abrahams.—Culley v. Ashton.—Last Thursday I tried to see you at your office. Being unsuccessful I was compelled to issue a writ, which had to be served the same afternoon at Watford; therefore the writ was issued by me in the name of your firm "; then it describes the nature of the action. "You must issue Order XIV. instanter. I only got actual cash out of pocket. There is no real defence. If you recollect, N promised to put something in your way. This is a bona-fide business and a sure win. I have a lot of business which I will tell you about when we meet, Friday next." Prisoner did not call, and on the 20th I wrote to him saving, "I remember you saying a long while ago that you could recommend some business, but I had not the remotest idea that you intended me to allow the use of my name for use as a solicitor, as it certainly amounts to, and as your letter itself admits, and I had no knowledge whatever that you were using my name. Please take no further steps in this or any other matter in my name, and let me know per return of post what has been done to save my taking my own course." On the 23rd, late in the afternoon, prisoner called on me, and I demanded an explanation.
He said that on that very morning he had been at my office with Culley and waited an hour, and as I did not come in He had filled up the formal affidavit for a summons under Order XIV. And got Culley to swear to it. I said, "But I know nothing about Mr. Colley at all" Prisoner said, "My dear Mr. Abrahams, it it a perfectly legitimate claim, and I will call at your office in the morning and show you all the papers, together with the retainer that I have gut." He called on the 24th and handed me the original writ and the affidavit by Culley. Later on he gave me the "retainer." I did not then notice that there was no name of the solicitor retained. I told prisoner I repudiated the whole thing, but as the papers were all in order, and I did not want to prejudice Culley himself, I adopted the action at the time. On the 27th, when Blagden and Culley first called, I was out. On my return prisoner said, "I am in serious trouble; Mr. Culley and Mr. Blagden, his solicitor, have been here. Culley denies having sworn to the affidavit." I said, "Is it true!" He said, "Yes, it is true." I asked him who swore it. He said, "I cannot tell you." I got very angry and told him to leave the office, but to be back at four to meet Blagden and Culley. At four the latter gentlemen arrived and we had some conversation. When prisoner came in I said, "Now, Porteous, explain this matter to Mr. Blagden; Mr. Culley says he never swore this affidavit; what have you got io say?" He said, to Quite true; Mr. Culley never swore it; I take the full responsibility on my own shoulders; Mr. Abrahams did not know anything about it until to-day at two o'clock. Toen (referring to what had passed in prisoner's absence between me and Blagden) I said, "Mr. Blagden says, Who is going to recompense him and his client? I have already told Mr. Blagden that I must entirely dissociate myself in the matter and give him up the papers, and that I can be no party to compounding a felony new that it has come to my knowledge."
Cross-examined. When I said to prisoner, "Mr. Blagden wants to know who is going to recompense him and his client," I turned to Blagden and said, "When you say recompense, I believe you mean as to the costs?" and Blagden said, "Yes, I mean at to the costs." I did not hear Blagden say, "It is too late to talk about costs, the matter is far too serious." The proceedings subsequent to the issue of the first writ were in my name, and properly so, as I had for the reasons I have stated adopted the action. As my name was on the, record. I do not see how prisoner could have derived any benefit from the action.
The Recorder. I can suggest one way; be would benefit if you and he divided the profit costs.
Witness. I never made any such arrangement with him in my life. I have not seen him for 18 months before this.
(Saturday, June 29.)
that the signature to the jurat was his, and the affidavit was sworn before him. He could not say who swore it. It was certainly not Culley.
Police-constable JAMES SMITH, 309 E, proved the arrest; prisoner made no reply to the charge, either to witness or at the station.
This being the case for the prosecution,
Mr. Lewis submitted that there was no case to go to the jury. This was charge under Section 27 of the Forgery Act for feloniously forging "an affidavit." An affidavit must have certain attributes, one of which was that the consequences of a hearing it if it contained untrue statements would be punishment for perjury; if this document contained untrue statements, prisoner could not be indicted for per-jury, though he might be indicted for personation. This was not an "affidavit "at all; it was merely a document purporting to be an affidavit.
The Recorder: This is an affidavit on the face of it. It is intituled in an action that is pending; it is in regular and proper form, and it purports to have been deposed to by Culley before Crawley, a Commissioner for Oaths. I have not the slightest hesitation in ruling that it is an affidavit.
Mr. Lewis submitted further that no evidence had been given of intent to defraud. The Recorder: The offence is created by the forgery; it is not necessary to prove intent to defraud. And there is authority for the proposition that if a man forges a document and knows it to be forged and alters it, intent to defraud must be presumed.
Mr. Lewis: The forgery here could have been of no advantage to the prisoner. The Recorder: That may come in on the question of punishment.
Prisoner then withdrew his plea, and a verdict of Guilty was returned. He then confessed to having been convicted on February 4, 1st, at this court, of obtaining money by false pretences; he was then sentenced to three years' penal servitude.
The Foreman. The Jury would like to recommend the prisoner to mercy.
The Recorder. On what ground?
The Foreman. They think that really, if Mr. Blagden had been paid his costs, we should never have heard anything of this case at all.
The Recorder. Mr. Blagden is not on his trial; I should not like to express any opinion about that.
Mr. Metcalfe. Mr. Blagden was quite properly trying in the interests of his client to get the costs from Mr. Abrahams; there is no ground for the suggestion that there was any attempt to get them from this man.
Sentence, Three months' hard labour.
BEFORE THE COMMON SERJEANT.
(Friday, June 28.)
BUTLER, Albert Claud , being employed as clerk and servant to James Broadbent, did embezzle and steal the several sums of 11s. 6£d., 9s. 6£d., and 19s. 5 1/2 d. respectively, received by him for and on account of his said master.
Mr. Sington prosecuted.
Detective THOMAS EVANS. On May 15, 1907, I arrested prisoner At 45, Warwick Street, at 1.45 p.m. I told him I was a police officer, and should take him into custody for embezzling money. He was charged with embezzling 19s. 5 1/2 d. and lls. 6 1/2 d. on May 29, and with embezzling 9s. 6 1/2 d. on May 22. When charged he made no reply.
RHODA SMITH . From September, 1906, to March, 1907, I was cook to Mrs. Cresswell, 31, Eccleaton Square. Prisoner used to call for orders from Broadbent, greengrocer, and sometimes deliver the goods, which were entered in a book left at the house and made up weekly, the money being paid to the prisoner usually on Tuesday. He would take the book away and bring it bock receipted. On March 13 I paid the prisoner lls. 6 1/2 d. I left the service on that day, so did not see the book again.
Cross-examined. I never paid Mrs. Broadbant at the shop; I always paid prisoner; he always asked me to pay him. The book was receipted sometimes by his initials and sometimes by an indiarubber stamp.
ADA LAURIN . I entered the service of Mrs. Cresswell, 31, Eoelesion Square, on March 13, on the last witness leaving. Prisonet called for orders from Broadbent, with whom we desh for greengrocery. Book (produced) is Mr. Cresswell's book. On May 8 I paid prisoner 9s. 6 1/2 d. I gave the prisoner a sovereign and he brought back the change. There is no receipt or stamp in the book for that amount. I have not seen the book again until now. I once paid Mrs. Broadbent in the shop when she stamped the book with a blue stante. On May 14 I saw Mrs. Broadbent tat the shop and had a conversation with her. She then called the prisoner from the back of the shop and told him that I had flailed about some goods that had not been delivered. She asked me for the book. I said, "You have the book." She told prisoner that. Prisoner said, "Yes, I know." She said, "sent for it yesterday," and that prisoner had said Mrs. Cresswell had a jumble sale on. That was not true. I said that the bill had been plaid, and she asked prisoner for the book. He brought the ledger. She said, "I do not Want that; I wait Mrs. Cresswell's book," and prisoner then brought this book. She said, "It has been paid." Prisoner said, "Yes, I know." She said, "I have not had the money."
Cross-examined. I have only once paid Mrs. Broftdbent in the shop—I sometimes paid prisoner at the shop when he has initialed it. (To the Jury.) I do not know what he did with the money. I have never seen him take it upstairs.
Re-examined. The 9s. 6 1/2 d. was paid at Mrs. Cresswell's house on Miay 8. On no occasion when I paid prisoner was the book stamped with an indiarubber stamp.
weekly to the chef Bourdain to pay to the prisoner. This is our book (produced). On March 9, 1907. I saw the chef pay prisoner 19s. 5 1/2 d. It was for the week up to March 8. Prisoner would usually take the book away and return it receipted on the following Wednesday.
Cross-examined. I was always present when the money was paid. I never paid Mrs. Broadbent. I remember prisoner receiving a £5 note and we were kept waiting a fortnight for the change; we sent to the shop about it.
MARY ANN BROADBET . I keep a greengrocer's shop with my husband at 21, Warwick Street, Pimlico. I look after the shop and my husband does the marketing. Prisoner has been in our employ for five years, going round for orders and delivering goods. He it paid 28s. a week and 2s. worth of green stuff. He was always paid. My customers usually pay at the shop and sometimes prisoner receives the money there, or collects it. He ought to bring the money to me and I receipt the book with a rubber stamp which I always keep in my pocket. Prisoner always kept the ledger or journal produced in which the goods delivered are entered, and he always made up the customers' books. The book produced for 31, Eccleston Squire is in prisoner's writing. On March 9, 11s. 6 1/2 d. was due, and the items appear in the ledger. I have never received that sum from the prisoner. That book is stamped on very few occasions, which are the only ones when I have been paid the money by the prisoner—it is from that book that I found out what he had been doing. I had about 25 or 30 book customers; generally people paid me at the shop—a few paid the prisoner. In May I asked prisoner to go round and get the book from 31, Eccleston Square to get it made up. He returned and said the lady told him she had a jumble sale on and he could not get the book. The same afternoon Ada Laurin came to the shop and asked if the goods had gone to 31, Eccleston Squire and I called the prisoner and the him. I asked her for her book and she said prisoner had got it. Prisoner said there was a fortnight to go down on the book. Laurin said, "No. I have paid you every week." I then told him when I sent him for the book he had said the lady was holding a jumble sale and asked him for the book of 31, Eccleston Square. He fetched the ledger. I said, "I do not want that, I want Mrs. Cresswell's book." He then got it, and I saw his initials to the 11s. 6 1/2 d. I said, "Alf, this has never been paid to me." He said, "I am sorry—I have used the money." My suspicions were aroused, and I then went round to one or two placer where money was owing and made inquiries, including 33, Belgrave Square, and I said to prisoner, "Alf, you have had 33, Belgravs Square's money." He said, Yes, he had had the money and used it." I allowed him to go on with his work, made further inquiries and gave him into custody. I have not received 9s. 6 1/2 d. from Mrs. Cresswell, 31, Eccleston Square, nor 19s. 5 1/2 d. from 33, Belgrave Square.
Cross-examined. On May 7 or 8 I sent prisoner a telegram to let me know if my husband was at home and everything all right, and he replied, "Good show, everything all right. Cheque in from Aschant Place." I told prisoner to give the servant £1 1s., but not out of the cheque. I never borrowed money from the prisoner. I never sent a man to him for 30s. to buy oranges with. I did not ask him to get a loan from the Westminster Friends of Labour Society. Prisoner has always been paid his wages. When I went to Marden on May 7 I asked prisoner to look after the business while I was away, and to give the girl a month's wages out of the takings. Prisoner did go once to pawn something for me. I have never borrowed anything from the prisoner or sent him to make bets for me. When he had the lls. 6 1/2 d. from 31, Eccleston Square my husband was at the City and Suburban Races. I did not borrow 10s. and tell him. he could take it out of the takings. I never sent the servant to borrow money from him. I never allowed prisoner to cash any cheques. I sent Taylor for 30s., which the prisoner had taken in the shop tod not paid me, and Taylor brought it back.
Cross-examined. I was once kept waiting for four weeks for theehsnge of a £5 note I had handed to prisoner, and I sent to Broadbent's shop several times for it.
JOHN TAYLOR . I have worked for Broadbent two years on and off. Two or three months ago I was seat by Mrs. Broadbent to the prisoner's house during the dinner hour to borrow 30i.—to get 30s. off the prisoner, and I brought it back to her. As I left the solicitor's office after prisoner's arrest, Mr. Broadbent met me and said, "When this is all over you will go through it" When I was going to a public-house to have a drink Mrs. Broadbent came behind me and tore my cap off because I was witness lor the prisoner. When I have been opening the shop-in the morning the servant, Carrie Askin, has come down to borrow 10s. and 16s. from the prisoner when Mr. and Mrs. Broadbent were upstairs.
Cross-examined. I have been odd man to Broadbent. When Mrs. Broad bent took me on I had no money. She gave me a coat and trousers. About 2 1/2 years ago I was bound over on a charge of taking a few potatoes and greens.
ALBERT CLAUD BUTLER (prisoner on oath). Mr. and Mrs. Lambert have borrowed money from me while I have been in their employ. In April, 1907, Broadbent borrowed 14s. to go to Liverpool On Waterloo Cup day. He was away four days, and while he was away Mrs. Broadbent borrowed money from me to buy potatoes. In October, 1906, they borrowed £1 2s.; on another occasion Mrs. Broad—
bent borrowed 25s. to redeem a wedding ring which she had borrowed from Mrs. Wilson and pawned. On January 29 I was 8s. short, of my wages—which happened frequently. I made out a bill about that time altogether to £12 18s. 6d. up to February 1, 1906. and since then they have borrowed small sums of me. With regard to this charge, I can honestly say most of the money she has had herself and spent it in public-houses, and paid off for jewellery which she has afterwards pawned. When I have paid her money on the books she has told me time and often not to tell her husband. She has also gone away and left the servant, Carrie Asketh, in charge, and told her to keds some of the money which came in unbeknown to Mr. Broadbent.
Cross-examined. I have not brought Carry Asketh here. If I had known I could have got her here by subpoena I would have done so. I have been on bail for about five weeks. Last Friday evening I saw Broadbent with another gentleman. Broadbent was naturally blackguardingme, and the other gentleman said, "Why do not you give Mr. Broadbent a bit to gay no more about this case?" I did not always get my 28s. a week, yet I was lending Mr. and Mrs. Broadbent money. My wife was in a very good position before I married her, which was at Christmas, 1906; I borrowed money from her to lend, and I had a little money of my own saved up which I lent my employers, because they told me such a pitiful tale that things had been so very, very bad; and they have even been glad of a few shillings from me. They used of plead to me almost every day. I persist in saying this although Mrs. Broadbent has denied it. I received the money as stated by the witnesses. I paid the money from 33, Belgrave Square, to Mrs. Broadbent. I signed my initials "A.B." for the 19s. 5 1/2 d. I wrote, "Paid A.B., February 6, 1907," on the book at the house. We never served 33, Belgrave Square any more after that. The last item is March 2—I may have made a mistake in the month. The ledger is in my writing, showing debit to 31, Eccleston Square, of 11s. 6 1/2 d. I cannot say when I paid that to Mrs. Broadbent. Sometimes she would have the rubber stamp on her and sometimes not. I remember her asking me to go and get the book from Eccleston Square. The book at the shop. I went out on the pretence of getting the book knowing very well it was at the shop. They owed me such a quantity of money that I was absolutely driven to atdal the money. I paid the 11s. 6 1/2 d. to Mrs. Broadbent. She asked me to go, and I went on the pretence of getting the book when I knew it was at the shop, and I came back and said I could not gel it as the lady otf the house was holding a jumble sale. I have no explanation to give of that whatever. I had taken that money and not accounted for it. Mrs. Broadbent has told me often when she borrowed money that when the fruit came in I should have it; and she had to give me money to pay off a loan I got for her on March 14, 1906. Ada Laurin came to the shop and said that we
had the book; Mrs. Broadbent said we had not. She asked me for the book and I said there was a fortnight to go down. That was not true—there was nothing more to go down—the book was made up to date. Mrs. Broadbent said, "This book has been paid," and I mid. "Yet, I am sorry, I have used the money." In the evening the told me that she had been to 33, Belgtiave Square, and said, "Alf, you have had that Belgrave Square money." I said, "Yes, I have had it and used it"
WILLIAM HARDING , retired pensioned detective officer. I have known prisoner from his childhood, and have always considered him a very respectable, steady lad. He has only had two situations ol five years' etch. I am very sorry to see him in his present position.
Cross-examined. I deny borrowing money from prisoner at anytime whatever. I took prisoner to the county court with a day book to show the court my means. I never told him to say I bad lost all my money on racing. I was sued by a bookmaker, and was ordered to pay £2 a month.
Verdict, Guilty; sentence, Six months' hard labour.
BEFORE JUDGE LUMLEY SMITH.
(Friday, June 28.)
Verdict, Not guilty.
Mr. Ernest Beard prosecuted.
EDITH LAW , in the employ of Messrs. Brouasard Freres, 14, Hanover Square. On June 11, in the course of my business, I wrote out some cheques, including the one produced, for £17 12s., payable to H. O'Brien, on a crossed form. I put it into an envelope addressed to Mr. H. O'Brien, 11, Warwick Street, Regent Street, with the account, and gave it to the office boy to post with the other letters. When I next saw the cheque at Marylebone Police Court it looked as if the lines across it had been obliterated.
To Prisoner. I gave the letter to the office boy to post just before six o'clock.
ARTHUR CRISFIELD , cashier, London and Joint Stock Bank, Repot Street. The cheque produced was presented for payment on Wednesday, June 12, about midday by prisoner, and I cashed it over the counter. Prisoner then went out, and, having looked at the cheque, I sent a message after him. He started to come back, and I met him at the door and asked him if he would step inside again. He then took to his heels. I ran after him and saw him throw the money away, quite across the road. It was coin in a paper bag. There was a scramble, and I recovered £7 10s., the crowd getting the rest When I first took the cheque up I could not «ee anything, but, on holding it up, I could see the faint lines where it had been crossed. They are even plainer now than they were then. Prisoner was stopped by the constable on duty in Vigo Street.
Police-constable JOSEPH JEFFERY, 346 C. About midday on June 12 I saw prisoner in Regent Street running in the direction of Picesdilly. He was being chased by the cashier of the London Joint Stock Bank. I stopped him and asked him why he was running and he made no reply. Having taken him into custody, the bank cashier shouted out, "I want that man." I said, "What for?" He said, "Bring him back to the bank."
Detective HARRY OWEN. I showed prisoner the cheque produced at Vine Street Police Station on June 12 and asked him if he could account for it being in his possession, and he replied that a man who was a stranger to him gave it to him at the corner of Warwick Street and asked him to go to the bank and change it and gave him 2s. for doing so. I said, "You ran away when you saw the cashier," and he replied, "Yes, I did not want to be locked up. Inquiries w re then made, and later he was told the charge that would be preferred against him. He replied, "I did not steal it. I do not know anything about any forging." He was charged with stealing the cheque from the letter box and uttering it well knowing it to have been forged.
FREDERICK BROWN (prisoner, on oath). On Tuesday, June 11, I was walking down Regent Street, and when I got to the' corner of Warwick Street I saw a man with a bag in his hand. He asked me if I would do him a kindness by going to change this cheque, as he was waiting for another traveller, and could not go away, and he offered me 2s. I went into the bank and got the money. The cheque was in a card case, which is in my possession now. As I was coming out the porter of the bank came across and stopped me in the middle of the street saying that the cheque was a bad one. When I got to the bank I got frightened and turned round and ran away and he ran after me. I had never before been asked by a stranger to cash
a cheque. I consented to do bo on this occasion because I thought I would be earning 2s. I do not understand anything about cheques. As to why, if this was an honest transaction, I should run away, I did so because the porter told me the cheque was a bad one.
The card case, in which prisoner alleges the cheque was handed to him, was examined by the jury, who came to the conclusion that there was not sufficient evidence to convict. Mr. Beard did not propose to proceed with the second indictment and prisoner was discharged.
Mr. Cundy prosecuted.
WILLIAM FINCH , general dealer, 37, Camden Read, Holloway. I have known the two prisoners for some years. On Tuesday, May 28, at 5.30 p.m., I was standing at the corner of Poole's Park talking with Susannah Judge, when prisoners and two other men drove up in a donkey barrow. I said to the driver, "If you see a coalie up the road, you might tell him we are waiting at the corner for him. Bullen jumped out of the back of the barrow and said to me, "Did you say f—yourself?" With that he gave me a punch over the nose. Carter then rushed at me and knocked me down. When I was on the ground he started biting my ear and Bullen said, "Make him holloa." Bullen was standing behind and could see what Carter was doing. I did hollos. Afterwards they ran away, and I ran after them bleeding. A constable took me to the hospital. I saw prisoners the same night at the police station. Bullen said he would do it again when he came out. I think Carter said the same. They both threatened me. I have had a quarrel with Carter, but not with Bullen.
CARTER, while not denying the biting, stated that prosecutor when on the ground seized him in a particularly sensitive part, and put him in such agony that he did not know what he was doing. He had never been in trouble before.
FRANCIS DOBLE , house surgeon at the Great Northern Central Hospital, deposed to the admission of prisoner on May 28. One of his ears was bitten and torn. The ear suppurated, and a small quantity died. The dressing on it was to keep the cold out more than anything else.
Police-constable ROBERT MARTIN, 195 Y, proved the arrest of Bullen on May 28. He was identified by prosecutor, and then charged. At the police station Bullen adopted a very threatening attitude.
Verdict, both Guilty of unlawfully wounding, with intent to do grievous bodily harm.
Sergeant KEMBLE, Y Division, said he had known Carter for some years. He did little or no work, but what he did was in the costering line. He had never been in trouble. Bullen was charged on March 3 at North London Police Court with being drunk and assaulting the police, and fined 40s. Both prisoners were violent characters, Bullen being something of a pugilist. A man had been bitten in a similar way a few days before.
Sentences: Each prisoner, One month, with hard labour.
Mr. Curtis Bennett and Mr. Thorn prosecuted; Mr. George Elliott and Mr. Doherty defended.
Judge Lumley Smith said that having looked through the depositions he did not think there was any chance of the jury convicting, though prisoner's conduct had no doubt been reprehensible. A verdict of Not guilty was accordingly returned.
FARLEY, Frederick (32, labourer), IRVING, Charles, (26, labourer), PUNTER, Peter (22, carman), SMITH, Frederick (20, labourer) , all stealing 16 sacks of corn and maize, the property of Patrick Hearn, the employer of Farley and Smith, and feloniously receiving same; Punter feloniously stealing one sack of maize and one sack of corn, the property of Patrick Hearn, and feloniously receiving the same. Farley, Irving, and Smith pleaded guilty.
Mr. Leycester prosecuted; Mr. Curtis Bennett defended Punter.
Police-constable SAMUEL BAILEY, 196 S. On the morning of Tuesday, May 28, I was on duty in Euston Road. I saw a horse and van which was being driven by the prisoner Punter. He was accompanied by a man named Irving. It was an open van covered with tarpaulin. I noticed that the horse seemed distressed, as though the load was too big for it. I went across towards them and they stopped before I had time to speak to them. Both appeared very confused and excited. I asked them what they had in the van, and Punter replied that it was some oats. I asked them where they were taking it to and Punter pointed to Irving and said, "This fellow is directing me." I said I did not feel satisfied about it and they would have to go to the station. On the way to the station Irving said to Punter, "Why did you not say it was your stepfather's, and that you got it at the London Docks?" It was about this time that a third man got off the back of the van and walked up to the police station with us, and then as we turned into the back gate of the police station he beckoned with his hand either to Punter or Irving and then started running, and that was the last I saw of him. When I examined the van I found on it 10 sacks of oats and six sacks of maize. They were not arranged as a load usually is, but seemed to have been simply chucked in and covered up. Farley was not there.
Cross-examined. Punter is a man of excellent character. Irving was in such a position that he might have been directing Punter.
PATRICK HEARN , jobmaster. I have a place of business in Blue Lion Yard, Gray's Inn Road. Earley and Smith, who have pleaded guilty, were employed by me as chaff cutters at my granary in Gough Street, Gray's Inn Road. On May 28 I identified the 16 sacks which had been found upon the van as my property. Neither Irving nor Punter had any right to be taking them away from my premises.
Cross-examined. I have a great many omnibuses and cafes and a great many horses. All corn and maize is, of course, very much alike, but I recognised the sacks as being of the same kind as are supplied to me. Of course, I do not identify each individual grain.
HENRY BARNES , chaff-cutter, employed by the prosecutor. I was employed at Gough Street with Farley and Smith. I remember May 28, when they were arrested. At about 10 minutes past 8 I saw Farley open the loft door and throw the corn into the street. I should say he threw out 12 or 13 sacks. Smith was helping him. The foreman was out at breakfast. I did not see what was done with the corn when it got into the street. The foreman counts the sacks that are put into our own vans. I am not aware that anybody counted these.
Cross-examined. I had no idea where the sacks were going to be taken to. I did not benefit in any way by the transaction. I had never seen Punter before. I do not know that his stepfather, Mr. Smith, keeps horses. There were a great number of sacks in this loft—400 or 500.
GEORGE KEMPSTON , prosecutor's foreman. On May 28 I was shown, the sacks which, were found on this van at the police station. There were 10 sacks of oats and six of maize, and they would be worth about £9. It was exactly the same kind of provender that I have under my charge, and the sacks were of the same kind, and had upon them the name of the dealer from whom Mr. Hearn purchased. I was afterwards shown some empty sacks which had been found at Willesden Lane. These sacks had also the same marks on them, but they are not the subject of his indictment.
Cross-examined. I know that Punter's stepfather keeps horses. I cannot identify the actual grain, but I identify the sacks.
Detective-sergeant WILLIAM STEPHENS, E Division. On the afternoon of May 28 I arrested Farley and Smith. After I had taken them to the station I went to Willesden Lane, 16, Lincoln Mews, and there found a sack of maize, a sack of oats, and five empty sacks, which were afterwards identified by Mr. Hempson and Mr. Hearn.
Cross-examined. Punter bears a good character, but there are several convictions against Irving.
Detective-sergeant JAMES CUNNINGHAM, G Division. On May 28, liter inquiries had been made, I spoke to Punter at Kind's Cross Road Police Station. I told him he would be charged with being
concerned in stealing 16 sacks of corn, the property of Mr. Hearn, as two sacks of corn had been found at his address. He replied, "Yes, we had four yesterday morning." I said, "Wait, do you wish to make a statement?" and he said, "Yes." I took him to the rear of station and showed him the corn and some empty sacks. I then took down his statement in writing. I read it over to him and he signed it.
Cross-examined. I believe Punter is a married man and works for his stepfather. I do not know whether there is any notice over Mr. Hearn's warehouse stating whom it belongs to.
(Defence of Punter.)
CHARLES IRVING (prisoner, on oath). I have pleaded guilty to being concerned in stealing these 16 sacks on May 28. I have been convicted four times—only once for stealing, and on the other occasions for assault and wounding. I had only once taken corn from Mr. Hearn's place before this. That was on the previous day, May 27. Punter went with me to fetch the corn away. I first spoke to him about it on the previous Thursday. I had known Punter about three years. I had been asked if I could get a van by Farley and the man who got away. Punter, when asked if he could bring a van said, "All right." I told him what the van was for, but I did not tell him where the corn was to come from. He knew it was to be sold to the man who got away, but nothing was said about price. The corn which was taken on the Monday was taken to Kentish Town. Punter fetched it away from Mr. Hearn. I waited for Punter in a beer-house in the Gray's Inn Road and walked across and met him in Doughty Street. I did not see the corn put into his van. I received 3s. on the Monday. It was given me by a man named Lowe. Lowe is the man who got away.
Cross-examined. I got on tc Punter's van in Doughty Street.
Mr. Curtis-Bennett submitted that there was no proof that Punter acted in a criminal manner.
Judge Lumley Smith said there was no doubt the other three men were robbing their master, and Punter, being a man of good character, it was a question for the jury whether he was party to the robbery, as to which there was no direct evidence.
Mr. Curtis Bennett said he had a great many witnesses as to character.
Judge Lumley Smith asked the jury if they wished to hear any more of it, and the jury at once returned the verdict of Not guilty. Punter was also acquitted on the charge of receiving.
Sergeant STEPHENS stated that Farley and Smith bore good charaeters. Irving had not been convicted since 1904, and had been at work with costermongers until December, but since December he had done no work at all, and witness had seen him almost daily in company with receivers of stolen property.
Mr. Leycester said he understood from Mr. Hearn that these thefts had been going on for a long time, and to a very considerable amount.
Mr. Hearn, in answer to the Judge, said he had hundreds of men in his employ, and he could not be in touch with them all, but he believed Farley had been with him for three years and Smith for about nine months. This kind of stealing had been going on very extensively for many years past, and they had had employees under observation, but had never been able to find out where the leakage was or how it oarae about. In this particular case the corn was taken out while the loft was shut down and the men had gone to breakfast, with the exception of these three men, who were staying back because it was more convenient to have their bretakfast in the loft than to go out for it.
Sentences: Farley and Smith, Six months' imprisonment in the second division; Irving, Nine months' hard labour.
BEFORE THE COMMON SERJEANT.
(Friday, June 28, and Saturday, June 29.)
Mr. Rooth prosecuted; Mr. Forrest Fulton defended.
In this case the prisoner, a domestic servant, wrote a letter accusing her master of immoral conduct with a fellow-servant—the details of which are unfit for publication—the letter being written to the aunt, the only known relative of the fellow-servant, and therefore privileged. Prisoner swore to the truth of the accusation, and her belief in it. Question submitted to the jury: Did she believe the specific acts of which she had spoken were true?
Verdict, Guilty. Sentence, Three months' imprisonment in the second division.
BEFORE MR. JUSTICE DARLING.
(Tuesday, June 25.)
ELIZABETH GARY . I occupy three rooms at 60, Acacia Road, on the first floor; prisoner and deceased (his mother) occupied the ground floor; he had the back room and his mother the front. She was an old woman df 70, very tottery on her feet, and used sometimes to carry a crutch. On Friday, May 17, I came home about five or half past; I saw deceased in the passage talking to my little girl; I heard prisoner from the front room singing. Presently my girl was sent for a pint of ale; this she brought back to deceased, who took it with her into the room where prisoner was and shut the door. I heard them going on at one another, which was not unusual when there was drink about. About half past nine I saw prisoner go out and he came back with some beer in a bottle; he was reeling as if he was half drunk. I went to bed about 20 past 11. After a time I was woke up by Mrs. Cook crying out, "Fire, murder, police; I'm 'alight? I got out of bed and ran out to the landing; I saw her all in flames, and just against her bedroom door there was a lamp in flames. I called my husband, and we went to her assistance; we handed her to a neighbour, Mrs. Dallwyn. We then went to prisoner's bedroom; the door was locked; we cried out, and there was no answer, and we burst the door in. A tin lamp was hung on the mantelpiece. Prisoner was in bed; he seemed asleep; after a lot of holloaing he Woke up with a start, and stared at us all. I said to him, "George, your mother is burnt to death"; he did, "No, no, I know nothing about it." He started dressing himself; then the police came.
Cross-examined. I have lived in this house with prisoner and his mother for a twelvemonth. He was in the habit of going to bed before his mother; she would walk about the house after he had gone to bed, sometimes with the crutch, not always. On this night I did not see the crutch. It is a usual thing for prisoner to lock his door. He is a very sound sleeper. He and his mother always seemed to get on happy and comfortable together when there was no drink. The old woman when in drink was often cantankerous and shouting, and would accuse people of various things that were unfounded. I am a light sleeper and must have been woke by the cries of decesiid almost immediately. I at once got out of bed and looked downstairs; I saw nothing then of prisoner; I must have seen him if, as deceased stated, "He ran up the stairs direcrtly he had thrown the Lamp." I am positive that I myself opened the front door when we handed deceased to Mts. Dallwyn. Deceased was taken to Mrs. Biggs, and I looked in there afterwards, but was not there long. I have no doubt that prisoner was asleep when we broke into his room; he seemed dazed at seeing so many people in his room. When I said "George, your mother is burnt to death," all he said was, "No, no, Mrs. Gray." He did not say, "I don't know anything about' it." The lamp produced is the one Mrs. Cook usually carried about; it was a dangerous lamp, and I always thought there would be an accident with it some day; the old woman used to walk along with it shaking it.
REUBEN ALFRED GRAY , husband of last witness. On May 17 I returned home about 11 p.m. Going along the passage, I heard a row going on in the downstairs front room. I went to bed. About quarter to 12 my wife woke me up. I went downstairs, where I saw Mrs. Cook in flames; also I saw a lamp in flames on the floor near the bedroom window. I beat out the flames. Then I went to prisoner's bedroom; my wife holloaed out, and there was no answer, and I broke open the door. Prisoner was in bed; he appeared to be just woke up a we got to the bed. I did not hear what he said.
Cross-examined. Prisoner is a very sound sleeper; he usually sleeps with his bedroom door locked and generally with a lamp burning. I have no doubt he was asleep when we tried to get into his room. He and his mother lived happily together, except for rowing when they were not sober.
Mrs. DALLWYN. I lived at 93A, Acacia Road, just opposite No. 60. I have known prisoner and his mother many years. On the night of May 17 I heard screams from No. 60 and on going out I saw Mrs. Cook with her clothes all alight. I helped to beat out the flames; then I took her to Mrs. Biggs'a house, and I stayed there till the old lady was taken away in the ambulance. While I was there a constable came in with the prisoner. Mrs. Cock said, "Take him awsy; he set light to me." prisoner said, "I did not do it; you away; be better in the morning." Later on I heard prisoner say, "It was a good job if she was dead," and he broke out laughing. I told him not to laugh—it was a solemn thing; it was a death chamber.
Cross-examined. I have a pretty good memory. I was not muddled when I gave evidence before the magistrate. There I did say first of all that it was at the gate that prisoner said, "A good job if she was dead." I contradicted it immediately; he said that at Mrs. Biggs's. I also said at the police court what Mrs. Cook said "My son has thrown a lamp at me and set me alight; lock him up." That is right. She kept on saying, "Take him away." Prisoner was laughing in a mocking, sneering manner; I never heard such a laugh. When he said, "A good job if you was dead," a constable was standing near him. I do not know whether the constable could have heard it; there was a great noise in the room.
Mrs. BIGGS, 58, Acacia Road. Mrs. Cook was brought to my house by last witness and I attended to her. When prisoner was brought in by the constable I said, "Georges come and look at what you have done to your mother." He replied, "I did not do it; mother will know better in the morning." Mrs. Cook said, "Go away from me. I don't want to see you; keep with me, Mrs. Biggs." Prisoner sat on a chair beside his mother. I heard Mrs. Dallwyn say, "Don't laugh" and I turned round and saw prisoner juat smiling—that is all.
Cross-examined. Prisoner was In the room about 20 minutes. I did not hear him laugh.
Police-constable HENRY CURRELL, 617 J. About 12.45 a.m. on May 18 I went to 58, Acacia Road, and there saw Mrs. Cook, who made a statement to me. I then went to No. 60, where I saw prisoner. I told him, "Your mother has been burnt, and she says you have done it." He said, "I know nothing about it; I have been asleep." I went with prisoner and Police-constable Felsted into No. 58. When the old lady saw prisoner she said to him, "You have burnt me by throwing a lamp over me." Prisoner again said, "I know nothing about it, I have been asleep."
Cross-examined. I was standing as close to prisoner as was Mrs. Dallwyn. I did not hear him say, "Serve her right'"; there was a certain amount of confusion in the room. Mrs. Cook was in great agony at the time she made the accusation.
Police-constable WALTER FELSTED, 580 J. I went to 58, Acacia Road with last witness and the prisoner. Deceased, in the presence of prisoner, said, "My son came in and set me on fire. He must have done it. He threw a lamp at me and said, 'You old b—, die.'" Prisoner made no reply, but shook his head.
Cross-examined. I was in the room all the time. I did not hear prisoner say, "Serve her right."
Inspector HENRY CLARKE, J Division. When I got to 58, Acacia Road on this morning I saw Mrs. Cook, prisoner, the two constables, and some women there. I said to Mrs. Cook, "How did you get burnt?" She said, "My son, George, threw a burning lamp at me in the passage and set me all in flames. He called me a rotten old b—. I had a pint of four-ale end he had a quartern of rum and I paid for it. Then he turned on me and said he would land me and threw the lamp at me and ran into his own room." Prisoner slid, "I know nothing about it; she must have upset the lamp herself."
Cross-examined. Whenever in my presence prisoner was charged with throwing the lamp, he always denied it. There were no sign of burning on his clothes.
WALTER J. ATTWATER , Clerk to the Justices at Stratford. At 10 a.m. on May 18 prisoner was charged before Mr. Mark Chapman with causing grievous bodily harm to Rosetta Cook. Later in the day I attended at the infirmary with the magistrate and took notes of the deposition of the woman.
Cross-examined. She appeared to be quite conscious. I should say she did realise what she was saying. I notice the following passage, "He took the lamp from a table in this room "; she repeated that. Perhaps that shows that she was not quite clear.
The deposition of Rosetta Cook was read, as follows: "I can't say what it was. My son, George William Cook, came home about 10 o'clock. He lives with me. He had been drinking; he was no better than drunk. He said to me, 'I will learn you having drink. He had no sooner said it than he threw the burning lamp at me. He took it from the table. I was all ablace—all my clothes everywhere; I was standing in the passage, and he was standing there.
He took the lamp from the table in this room. After he had done it he ran upstairs. I had not been drinking. I sent a little boy for a pint of beer, but I could not drink it. When I found I was on fire I screamed to my eon, 'George, come, I am all on fire.' He did not come. Mrs. Gray ran down. I opened the front door and made it worse. Mrs. Gray took me into a neighbour's. George came in, and he did not stop two minutes. I said, 'Ain't you ashamed of yourself to do this?' He said, 'It would be a good thing if you were dead.' I did not say anything more. I was out of my mind, but I forgive him because he was the worse for drink. The lamp (produced) is the one. I was put to bed. (Cross-examined by the prisoner.) I am very bad. I cannot say if I went out in the morning. I did not have any rum in the morning when you were in bed. I did not have a pint and half of beer after that. I think I might have agreed with you to put 3d. each for a quartern of rum in the evening. We were not drinking all the evening, but I cannot recollect everything. You did play the organ. You did not go to bed leaving me in the room—you threw the lamp at me in the passage. You did throw the lamp at me. I was not drinking with you all the day. My memory is bad. We were not both the worse for drink.
Police-constable WILLIAM HOWELL, 7 J R. O April 10, at nine p.m., I was called to 60, Acacia Road. There Mrs. Cook said, in the presence of the prisoner, "My son has hit me on the head with his fist" I said, "Do you wish to charge him?" and she said, "No; shall you be about here all night?" I said, "No." She said, "Well, ask the officer on night duty to pay attention, as I am sure my son will murder me, as he he is after my money." I told prisoner to go indoors and keep quiet, and warned him that if I was called there again I should take him into custody. He turned to his mother and said, "I will knock your brains out." He was under the influence of drink.
Cross-examined. I could see no marks on her face.
Dr. CLARENCE A. J. WRIGHT, 496, High Road, Leytonstone. About one a.m on May 18 I went to 58, Acacia Road and there saw Mm. Cook. She was suffering from burns on the trunk, about the waist line, chiefly involving the left arm and fore arm, expending to the back of the body, and some to the scalp; also some on the right arm and on the right of the body. I did what I could for her, and sent her to the infirmary. The injuries might have been occasioned by the throwing of a lamp at her.
Cross-examined. She was in great agony when I saw her; great physical agony will often affect the mind. She did not recognize me as a doctor. I did not hear prisoner laugh. It is the fact that a man under strew of emotion may laugh. I have made experiments as the result of this case. In my opinion the lamp was upset by the woman carrying the lamp herself. Dr. Turtle says that the burning of the left ear is inconsistent with my theory. The spurt
of flame that would burn the ear would at the same time leave on the mat with which Gray beat out the flame the marks pointed to by Dr. Turtle. From my examination of the woman I am of opinion that this was an accident. I noticed no bruises on the woman's side; the injuries by burning were not such as to destroy the traces of any bruise.
Re-examined. I was with the woman about half an hour. I arrived at the conclusion I have mentioned not at the time, but some days afterwards. The burning of the clothing was mainly confined and the burning of the body was entirely confined to the upper part; that could not have arisen from a lamp dropped by the woman. I suggest that the lamp was held by her in her left hand, and that she jerked it up in an enldeavour perhaps to prevent the chimney falling off.
Mr. Green objected that the questions put were in the nature of cross-examination.
Mr. Justice Darling said that the theory put forward by the witness was so re-markable that he would permit him to be cross-examined by the prosecution.
Re-examination continued. I point to the fact that the chimney of the lamp was found in the passage. This woman was left-handed; she limped on her right side; she used a crutch on her right side, and therefore walked with a limp to the left side. Such a person would touch the wall, not on the right, but on the left, side; here the discolouration of the wall is all on the left side. Her touching the wall would naturally cause a jerk, which would displace the chimney and the chimney would fall to the ground. I have not experimented to see whether a glass chimney dropped to tne floor from a height of 3 ft. 6 in. would break, but it is a law of physics that a warm chimney is less liable to break than a cold one.
Dr. JOHN SAXTON GREGG, acting medical superintendent at West Ham Infirmary. I saw Mrs. Cook early in the morning of May 18. She was suffering from severe burns on the upper part of the body and was in a very critical condition. I was present when her deposition was taken; she was seriously ill, but, mentally, she appeared rational, and quite well understood the questions put to her. Her injuries were quite consistent with the story she gave.
Cross-examined. I do not think she quite understood where she had been taken to. I agree that physical suffering sometime impairs the mental capacity. I said before the magistrate, "I think the burns and the excitement prevented her recollecting everything that happened."
JAMES HENRY TURTLE , divisional surgeon. On May 24 I examined the dead body of this woman. There were burns on the left side of the face, just in front of the left ear; a triangular portion of the hair behind the left ear was burnt, and the scalp scorched; burns on the left shoulder, arm, forearm, and hand; the upper part of the body, front and back, was encircled by severe burns. I carefully examined the remains of her clothing, also the lamp, and the premises.
The most consistent explanation seems to me that she saw something coming towards her and raised her arm and turned her face over the right shoulder; possibly the lamp struck her forearm or her breast and tipped over; the sudden burst of flame then made would have caused this burn just behind the ear. It is peculiar from the fact that it was triangular, with the apex upwards, and the hair around it was not scorched, as though it was done with one sudden sharp burst of flame. I think it is impossible that the injuries could have been caused by a lamp which fell to the floor. If she had dropped the lamp and spilt any oil which fell in front of her alight one would expect the dress in, front to be burnt, whereas the dress is burnt at the back. My opinion is that the injuries were caused by the lamp being thrown at her, or in some way used hostilely towards her.
Cross-examined. When I first saw the woman I had heard of the charge she made against prisoner. I say that the hair could only have been burnt from the scalp in the way it was by a very sudden and sharp flame, and the only way that could be produced would be by the reservoir of the lamp coming sharply in contact with some fixed object. The bodice worn by deceased was of flannelette, and highly inflammable, but that would scarcely account for the sudden flame which burnt the scalp in this way, though it would burn the ear and the side of the face. I saw no bruises on the woman's body.
Dr. J. S. GREGG, recalled. I made a post-mortem examination. The cause of death was shock, produced by the burns. Speaking broadly, I agree with Dr. Turtle's evidence.
Cross-examined. I saw no trace of a bruise on the body; there was too much burning; the skin was burnt practically black.
Detective-sergeant CHARLES HILBERT, J Division. On May 25 I told prisoner I should charge him with the murder of his mother. His reply was, "I know nothing at all about it, sir; I was in bed asleep until I was woke up by some people saying the house was on fire."
This being the case for the prosecution,
Mr. Justice Darling said it was a case of strong suspicion, but did counsel for the prosecution think there was enough to justify them on asking the jury to convict the prisoner on the evidence, such as it was?
Sir Charles Matthews replied that, if Mr. Justice Darling thought that, in the circumstances, a conviction would not be satisfactory, he would be the last to ask the consideration of the jury to the case.
Mr. Justice Darling said he thought it would be safest that the jury should say that the evidence failed to satisfy them and that they should return a verdict of "Not guilty."
The Jury returned a verdict of " Not guilty."
BEFORE MR. JUSTICE DARLING.
(Wednesday, June 26.)
GANDER, Annie (31), and GANDER, Percy Henry (31, confectioner); manslaugher of Albert Gander. The like on coroner's inquisition. To this indictment prisoner pleaded not guilty. Annie Gander pleaded guilty to neglecting the deceased child in such a manner as to cause it unnecessary suffering and injury to health with the knowledge that insurance money amounting to 30s. would become due and payable after its death.
Mr. Clarke Hall prosecuted; Mr. D. Warde defended.
Mr. Clarke Hall did not propose to offer any evidence with regard to the male defendant, but would accept the plea to the indictments of the female defendant. Although in the opinion of doctors the child's death was accelerated by neglect, he felt justified in not pressing the manslaughter charge, as it appeared from the evidence that possibly the neglect of other persons might have been a contributing factor. There were three other children, in respect of whom the female defendant had been twice convicted of neglect.
The jury found prisoners Not guilty in respect of the charge of manslaughter, and Mr. Justice Darling sentenced the female prisoner to 12 months' imprisonment for neglect.
BEFORE JUDGE LUMLEY SMITH.
(Wednesday, Jane 26.)
ROSE, Annie (19, purse-maker), and FARMILOE, Ray, pleaded guilty to stealing a gold ring, the property of Albert Brugger, and feloniously receiving same; stealing a diamond ring, the property of Herbert Lecker, and feloniously receiving same; conspiring together to deprive divers liege subjects of His Majesty of their goods.
It was stated that prisoner Farmiloe was married and was about to have a child.
Both prisoners were released on their own recognisances in £5 to come up for judgment if called upon.